Terms and Conditions for Members
ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS") CAREFULLY BEFORE ACCESSING THE WEBSITE www.mpaani.com OR the android application https://goo.gl/hr92w9 ACCESSING THE WEBSITE OR THE SOFTWARE INDICATES THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. HOWEVER, IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE OR THE ANDROID APPLICATION OR ANY OTHER PLATFORM THAT M.PAANI MAY INTRODUCE FROM TIME TO TIME. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE WEBSITE AND THE SOFTWARE TO AVAIL THE SERVICES AND MEMBERSHIP THAT M.PAANI SOLUTIONS PRIVATE LIMITED (“m.Paani”) AND/OR ITS SUBSIDIARIES OR AFFILIATES MAY MAKE AVAILABLE AND PROVIDE THROUGH THE WEBSITE OR THE SOFTWARE.
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- Definitions: In these Terms and Conditions, unless the context specifies otherwise:
- “Administrative Communication” includes communication pertaining to m.Paani system updates, Points redemption confirmation, administrative announcements, account information, welcome message and any other communication pertinent to the Program and the Membership Account.
- “Earn Activity(ies)” means any transaction or action that results in the accrual of Points for the Member.
- “Member(s)” means an m.Paani customer, who opts to enroll in, and participate in, the Program.
- “Membership” or “Membership Account” means the m.Paani account where the Member's Points will be accumulated.
- “Membership Term” means the membership shall be valid till lifetime till the member opts out of the program.
- “Missed call service” is a facility available to the applicant once he/she registers himself/herself as a member with the service provider.
- “m.Paani helpline” shall be the communication channel provided by m.Paani to its Members.
- “m.Paani Solutions Private Limited” hereinafter referred to as “m.Paani” is a private company limited incorporated under the Indian Companies Act, 1956.
- “Opt-in” means that the Member has agreed to these Terms and Conditions, as amended from time to time, and agrees to be contacted by m.Paani and have certain information collected during an enrolment call and / or on the m.Paani App and / or the Web App or any such interface that is developed for the member to access the program. The Member confirms this acceptance by giving a missed call to m.Paani and/or not submitting an opt out request via enrollment call or SMS which constitutes an intention to agree to be bound by these Terms and Conditions and are therefore also acceptable. Further, opt-in shall have the meaning as assigned to it as per the rules and regulations of TRAI and the Member shall be responsible to follow the procedures to enroll itself in the Program through Opt in process as prescribed by TRAI.
- “Earn Partner(s) are any present or future individuals and / or entities with which Members can accumulate Points for specified actions or transactions.
- “Phones(s)” shall mean phone(s) owned/ in control of the customer which supports voice and data exchange offered by a Telecom Service Provider and having distinctive phone number.
- “Point(s)” are the currency of the Program. Members earn Points from Earn Partners , Brand Partners associated with the Program and exchange these Points for Rewards.
- “Program” refers to the m.Paani Rewards program, defined, managed and operated by m.Paani, through which the Members accumulate Points for specified Earn Activities and then redeem the Points for specified Rewards.
- “Promotional Communication” includes communication relating to the Program about any promotional offers, deals as may be offered by m.Paani from time to time.
- “Redemption” means any activity, which results in exchange of Points by a Member for valid Rewards included in the current Rewards Catalog.
- “Reward(s)” refers to any goods or activity for which Points are exchangeable.
- “Rewards Catalog” refers to a list of all current and valid m.Paani Rewards. This Rewards Catalog will be produced by m.Paani and made available to Members. m.Paani reserves the right to change, update or modify the rewards and its price points in the Rewards Catalog without informing its members.
- “SMS” means short messaging service to send alerts in the form of response to the customer over his mobile phone from time to time.
- “Supplier“ shall mean a third party responsible for services or the manufacturing of goods offered, as entire or components of Rewards to Members.
- “Termination Notice Period” means the Program can be terminated by giving thirty (30) Working Days’ prior written notice to all Members.
- “Telephone Service Provider(s)” shall mean any person/organization permitted by the Government of India or any competent authority to provide telephone services in India that support voice and data traffic.
- “Working Days” means the days in the period from Monday to Saturday excluding public holidays.
- Eligibility and Registration
- You must be a duly constituted legal entity or an adult individual who is competent to contract under the prevailing laws of India for you to be a member of these Terms and Conditions and to use the Services through the m.Paani Websites. To create an account on the m.Paani Websites, you must accept these Terms and Conditions and agree to abide by all the provisions hereof. You also agree to be monetarily responsible for your use of the m.Paani Websites and the purchase or delivery of Services.
- Membership to the Program will be offered at the discretion of m.Paani. The grant of participation is at the sole discretion of m.Paani. Furthermore, m.Paani reserves the right to reject any application and refuse Membership to any applicant for any reason without any liability whatsoever.
- The information provided by the applicant shall become m.Paani’s property even if the application is rejected.
- If an applicant does not qualify, he/she shall not be permitted to register and no contract will be formed between the applicant and m.Paani.
- The membership to the Program is governed by the terms and conditions set out herein. Without limiting the foregoing, m.Paani shall be under no obligation to perform any services not expressly contained herein.
- The Member shall be deemed to have accepted these Terms and Conditions if the Member assents to these Terms and Conditions herein by clicking an “accept” or similar button on m.Paani’s Website or Software; or accepts the Opt-in-Process and/ or takes any other action evidencing the Members acceptance of the benefits of any part of these Terms and Conditions.
Usage of the Website or the Software and agreeing to these Terms and Conditions during the Opt-in Process shall be construed as your consent for receiving calls including marketing and promotional calls, autodialed and/or pre-recorded messages, from m.Paani at any time, on the telephone number / contact information that may be provided by you . You hereby unconditionally consent that such communications via SMS and/ or voice call and/ or App notifications, e-mails and any other form of communication from m.Paani is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. In case, you wish to stop availing of SMS/E-mail services, you may do so by sending an SMS Stop to 7738788033.
You hereby agree and undertake to indemnify m.Paani against all types of claims, losses and damages incurred by m.Paani due to any action taken by TRAI, access providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you with respect to the intimations mentioned above or due to a wrong number or email-ID being provided by you for any reason whatsoever.
- Membership Terms:
- By agreeing to these Terms and Conditions during Opt-in process, the Member confirms his/her willingness to join the Program and his/her eligibility to be a Member in terms of these Terms and Conditions and applicable Indian laws. The Member further agrees to comply with the provisions of these Terms and Conditions and all additions, modifications and amendments hereto. Members on the DND list have agreed to receive Administrative Communications with their explicit missed call during opt in, as well as having been notified on opt out procedures immediately upon enrolment.
- The Member understands and agrees that by providing his/her contact information such as, but not limited to, phone number, physical address and email address, m.Paani reserves the right to communicate its Program and promotional offers through these channels and any information offered as a part of enrolment process. The Members understand and agree to receive Program related updates and other Administrative Communication through these communication mediums. Membership in m.Paani is non-transferable under any circumstances.
- The Member also agrees to provide any further information requested by m.Paani as and when communicated by m.Paani, and to comply with all directions, guidelines, instructions, etc. issued by m.Paani relating to any/all matters connected to the services of m.Paani.
- The Member agrees that all the information pertaining to the Membership and participation in the Program supplied by the Member to m.Paani is true and correct and the Member shall be solely responsible and liable if the same is found incorrect. The Member is required to inform m.Paani of all changes in contact details through the m.Paani helpline or other channels available for the member. If a Member fails to provide the change of address information immediately, m.Paani or its Authorized Dealers or its Suppliers shall not be responsible for any delay in delivery of the products/ services or Rewards ordered by the Member.
- A Member shall be solely responsible for the management of all Points accumulated, outstanding or accrued, to such Member’s Membership Account.
- The Membership Account and Points are not a payment medium or payment instrument. Points are non-negotiable, non-redeemable and non-exchangeable for cash or credit. Points once redeemed cannot be used again or refunded.
- When a Member seeks to use or obtain any of the services, benefits, facilities and arrangements as offered by the Authorized Dealers, the provisions of such services, benefits, facilities or arrangements will be subject to the respective Terms and Conditions of the Partner, being the provider of the said benefits, facilities and arrangements.
- In case of a reversal of any Earn Activity, Points credited to the Membership Account, as a result, will be deducted from the accrued Points balance.
- Points may be earned only as per the terms determined by Authorized Dealers and as agreed to by m.Paani. More specifically, certain Earn Activities may receive more or less Points. Exclusions may be posted or noted at point of sale.
- m.Paani and its Authorized Dealers reserve the right to change the Points earn rate per Earn Activity.
- No Points will be provided for Earn Activities retroactively unless otherwise specified by m.Paani.
- Points are calculated by rounding down the transaction value to the nearest integer that merits a full Point denomination as determined by m.Paani. These Points are accrued in whole. Members will not be awarded Points in fractions.
- m.Paani can at any time without intimation to the Members, add and / or remove Authorized Dealers or Earn Activities.
- All Point dispute complaints older than fourteen (14) Working Days from the date of the Earn Activity shall not be entertained. The Member must provide proof of Earn Activity to register any Point dispute.
- Authorized Dealers may change any of the Terms and Conditions of their business at any time without giving notice to the Members. m.Paani is and shall not be responsible for informing Members of the aforementioned changes. m.Paani shall have no liability for the acts and omissions of Authorized Dealers.
- On receipt of the Redemption request, Points shall be deducted from the accumulated Points from the Membership Account. Once the Redemption request is placed and the Member receives the Redemption confirmation via mobile, the request cannot be canceled or refunded.
- The respective Authorized Dealers are responsible for the Points issued under the Program and in the event of any of them going into liquidation or non-payment for these Points or any similar event, m.Paani shall not be liable to honour Points which have been credited to the Membership Account and are yet to be redeemed, but have not been fully funded by the Partner as on that date. In such an event, such Points will be removed from the Membership Account without prior intimation.
- Authorized Dealers are responsible for informing m.Paani of Points to be credited to a Member’s Membership Account. m.Paani shall not be responsible for any failure, delay or error by the Authorized Dealer to inform m.Paani of Points to be credited to a Member’s Membership Account.
- Points can only be earned, held, transferred or redeemed as set out in these Terms and Conditions. Any other use, award, sale, exchange or transfer of Points, or any attempt to do so, is a breach of these Terms and Conditions and may result in a Member’s Membership Account being closed and any outstanding Points being forfeited.
Redemption of Points is subject to m.Paani approval and is guided by:
- Availability of the Reward at the time of Redemption request;
- Restrictions imposed by any Supplier of the Reward;
- Specific Terms and Conditions may exist for certain Rewards, which will be provided at time of Redemption or upon request to the m.Paani helpline;
- Whenever deemed necessary, m.Paani may, without notice, cancel the Reward order or substitute the Reward with another of comparable nature and value, as determined by m.Paani;
- The Points accrued can only be redeemed by the primary relationship-holder;
- Redeemed Rewards will be delivered through the relevant channels with information provided during enrolment, unless updates are provided to m.Paani via helpline or occasional information update communications;
- Redeemed Rewards are not exchangeable for other Rewards, or refundable, replaceable, or transferable for cash or credit under any circumstances, nor can these be converted back to Points;
- Redeemed Rewards may not be resold;
- In the event of non-availability or discontinuance of any Reward as determined by m.Paani, the Member may be given the option of replacing the Reward with another brand/ product of equivalent monetary value or crediting back Points to his or her account;
- m.Paani reserves the right to introduce new Rewards and remove existing Rewards at any point in time without prior intimation to the Member;
- m.Paani does not accept responsibility for the quality of goods or services offered as Rewards;
- Rewards issued as ‘Coupons’ by m.Paani for specified Earn Partner(s) are subject to the following terms and conditions:
- Are not redeemable for cash;
- May not redeem more than one per day per Membership number;
- Must be used in conjunction with a valid Membership number;
- Have an expiration date put forth at the date of Coupon issuance;
- Are only valid for one use;
- Coupon value is not transferable and must be used in a single purchase;
- For all issues related to discrepancy, damage or deficiency of Rewards, the same needs to be intimated to m.Paani helpline within three (3) Working Days of such receipt. However, in case no such intimation is received from the Member within this time period, the Reward shall be considered as valid and accepted and no queries or complaints in this regard shall be entertained;
- m.Paani shall in no event accept liability for damage to person or property whatsoever caused in relation to Rewards redeemed by m.Paani Members in the Program;
- Rewards shall not be delivered outside of the Mumbai metropolitan area. Reward delivery is restricted to the Mumbai metropolitan area;
- The Member does not acquire any right, title or interest in the Rewards;
- Rewards in the nature of gift vouchers or discount cards featured in the Rewards Catalog always carry a validity period, post which these will not be honoured by the Supplier or issuer of gift voucher or discount card. All gift vouchers and discount cards will be subject to their respective Terms and Conditions of the Supplier or issuer;
- All logos and trademarks on the Rewards Catalog and on the Rewards are owned by the respective companies;
- m.Paani shall not be held responsible in the event any Supplier withdraws, cancels, becomes non- functional, alters or amends those Rewards;
- m.Paani is and shall not be responsible for changes to, or discontinuance of, any Supplier or Supplier product or service, or if any Supplier withdraws from the Program or for any effect on or devaluation of Rewards caused by such change, discontinuance, or withdrawal. Members may not rely upon the continued availability of any Rewards or award level;
- m.Paani or Supplier shall make three (3) attempts to deliver Rewards through the relevant channel as indicated to the Member at Redemption. If the Reward is not delivered after three (3) attempts due to the respective Member’s inability to receive due to incorrect or out dated information provided during enrolment, the Redemption order will stand cancelled and the Points shall be forfeited. If the Reward is not delivered after three (3) attempts due to an error on m.Paani’s behalf, the Points will be returned / credited to Members account as per the due process. m.Paani reserves the right to change this delivery policy at any period in time.
- Member may be asked for photograph with the reward for marketing purposes. If the member agrees to give a photograph then m.Paani reserves the right to use the photographs for marketing purpose.
- Force Majeure
Program quality, functionality, availability and/or reliability may be affected, and/or m.Paani is entitled to, without any liability whatsoever, to refuse, limit, suspend, vary or disconnect the Program, in whole or in part, at any time, at its sole discretion with respect to one/all Members, without any notice, for any reason including the following (“ Force Majeure Event(s)”):
- Government's rules, regulations, orders, directions, notifications etc. including changes thereto, prohibiting and/or suspending the rendering of such services;
- Transmission limitations caused by the topographical, geographical, atmospheric, hydrological and/or mechanical conditions;
- During technical failure/modification/ up-gradation or variation, sabotage, wilful destruction etc.;
- If the Program is used in any manner, which violates any law etc. or adversely affects or interferes in any manner, the rendering of the services by m.Paani;
- Riots, disturbance, strikes, lock outs, bandhs, war, theft, accident, technical fault including problems relating to software’s, telephone system, flood, fire or earthquake and / or any circumstances beyond the reasonable control of person;
- Any other event, occurrence of which warrants suspension/discontinuation of the Program in m.Paani’s judgment.
m.Paani shall not be held liable for any losses or inconvenience caused to a Member on account of its inability or delay in providing all or any part of the Program, caused by or arising from any of the Force Majeure Events mentioned above.
- These Terms and Conditions shall come into force and effect in accordance with Clause III) and shall be valid till such time that the member continues to earn m.Paani points or participate in any form of m.Paani activity; defined as usage on App, brand offer redemption, marketing campaigns etc. Earn Activity by a Member indicates continued willingness to participate in m.Paani and receive m.Paani communications.
- Prior to terminating Membership, m.Paani will inform the Member on how to re opt-in. For the purposes of the above clause, the commencement of the renewed Term shall be from the date of receipt of the SMS from the Member confirming his/her agreement to enroll or continue with the Program.
- For purposes of these Terms and Conditions, occurrence of any of the following shall amount to an event of default:
- Breach or non-compliance by a Member of any of the provisions of these Terms and Conditions, including any application provisions of any policy incorporated by reference herein;
- Any information being provided by a Member to m.Paani being inaccurate, false or incorrect; or
- Misuse by a Member of any of the benefits arising from his/her Membership.
- Upon occurrence of an event of default, m.Paani, at its sole discretion, may:
- Suspend such Member’s Membership Account;
- Forfeit all Points accrued to such Member and cease to award any further Points.
- Notwithstanding anything contained hereinabove, m.Paani reserves the right to terminate the Membership Account of a Member at its sole discretion at any time without giving any notice or assigning any reason whatsoever. In the event of termination of a Membership Account by m.Paani in terms of this Clause, all the Points outstanding and accrued to such Membership Account shall stand automatically forfeited and the Member shall have no right or claims towards redemption of the same.
- In the event of death of a Member, the Membership Account of such Member shall be closed and all Points outstanding and accrued to such Membership Account shall expire.
- m.Paani reserves the right to terminate the Program, by giving thirty (30) Working Days’ prior written notice to all Members. Upon termination or withdrawal of the Program by m.Paani, all Members may, within thirty (30) Working Days from the expiry of the Termination Notice Period, to utilize the outstanding or accrued Points in their Membership Accounts to request for Rewards. Failure on part of a Member to utilize the outstanding or accrued Points within the aforementioned period will result in the automatic cancellation of all Points outstanding in such Member’s Membership Account.
- During the subsistence of a Membership, a Member may terminate such Membership through relevant channel(s) as communicated to such Member during the enrolment process and by SMS per TRAI Guidelines. At any point in time, Members may opt-out of the Program by SMS ‘Goodbye’ or ‘Stop’ to the m.Paani longcode. Upon withdrawal by a Member from the Program, all Points outstanding and accrued to such Member’s Membership Account shall stand forfeited.
- Notwithstanding anything contained in these Terms and Conditions, upon written notification to the Member, m.Paani reserves the right at its sole discretion to immediately suspend its performance, in whole or in part, under these Terms and Conditions, and/or to subsequently terminate these Terms and Conditions, or both if m.Paani, in good faith, determines that:
- the requirements of any law, regulations and/or judicial action have not been or will not be met;
- any new, or changes in existing laws, regulations, or regulatory or judicial action will adversely affect the ability of m.Paani to perform its obligations under these presents, in its sole and absolute opinion;
- any product, process, or both, including, without limitation, any software, information, data, models or other material, as well as any intellectual property rights embodied in any or all of the foregoing (whether licensed to, owned by, or otherwise controlled by, m.Paani) which are necessary (in the m.Paani’s sole and absolute opinion) for the provision of the services are terminated by the licensing entity; or
- any combination of the foregoing.
- In the event of termination or expiry of these Terms and Conditions, as the case may be, m.Paani shall cease performance of all further services in respect of these Terms and Conditions.
- Upon earning Points, the Members will receive updated balance statements. Members are advised to opt out of DND in order to continue getting the regular SMS updates on the same. m.Paani shall not be responsible for any blockage, restriction or regulation imposed by regulators, leading to inability of communication or delay in communication of any updates or information, whatsoever.
- Any discrepancy on the balance statement must be reported to m.Paani helpline within fourteen (14) days of the statement date and such reporting is subject to the Terms and Conditions contained herein and in the Statement.
- m.Paani reserves the right to wholly or partly modify the Program or to vary any of the Terms and Conditions herein in its absolute discretion and without prior notice to Members.
- In case the Program comes in conflict with any rule, regulation or order of any statutory authority, then m.Paani has absolute authority and right to modify or cancel this Program to give effect to the said requirements.
- REPRESENTATIONS AND WARRANTIES
Each party represents and warrants to other that on the day of the acceptance of these Terms and Conditions by the Member and during the term of these Terms and Conditions:
- It is a company duly incorporated, validly existing and is in good standing under the laws of country of its incorporation;
- It has all necessary power (including corporate power, if applicable) and authority to enter into the these Terms and Conditions and/or to perform all the obligations to be performed by it hereunder, as the case may be;
- The persons signing/accepting these Terms and Conditions on behalf of such party has the authority to so sign and execute it on behalf of the party for whom he is signing so as to create binding obligations on such party, if applicable;
- The execution and delivery of these Terms and Conditions, and the consummation of the transactions contemplated hereby, and the fulfillment of and compliance with the terms and conditions hereof, do not (i) violate any applicable laws, judicial or administrative order, award, judgment or decree applicable to it, or (ii) conflict with the terms, conditions or provisions of its constitutive documents or any other contractual obligations or regulations; and
- These Terms and Conditions constitute its valid and legally binding obligation and will be enforceable against it in accordance with its terms.
- Except for the limited representations, warranties, and covenants expressly stated herein, m.Paani hereby expressly disclaims any and all warranties of any kind or nature, whether implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. m.Paani does not warrant or represent regarding the use, or the results of the use, of the Program, services in terms of correctness, accuracy, reliability, or otherwise. The services are not intended to be used as the sole basis for any business decision. The Member acknowledges that it has not relied on any warranties.
- m.Paani will endeavor to ensure that the Program as expressed or advertised will be available to the Members. All Rewards shall be accepted by Members at his or her own risk. Members will be personally liable for any and all costs, taxes, charges, claims or liabilities of whatever nature arising from the provision or availability of benefits, facilities or arrangements provided or made available to a Member, by Authorized Dealers or Suppliers, as a result of his/her membership in the Program.
- Members give permission to third party Suppliers and Authorized Dealers to share Member information with m.Paani as it relates to the Program. This information may be, but is not limited to: personal information, contact details, and/or Member transaction or performance history.
- m.Paani acts in good faith in response to any oral or electronic instruction or inquiry by the Member in respect of any matter in relation to this Program and the fulfillment of any reward, the member shall not be entitled to claim or allege any loss, damage, liability, expense, etc. attributable, directly or indirectly, to any such good faith action of m.Paani and the Member shall indemnify and hold m.Paani fully harmless in respect thereof.
- All queries in relation to the Program may be addressed to m.Paani through contacting our helpline or to firstname.lastname@example.org. Such queries should highlight:
1. The Member’s telephone number as enrolled with m.Paani
2. A description of the complaint
- Members agrees that by with enrolment with the Program, he/she is deemed to have read and understood these Terms and Conditions of the Program and confirms that he/she is bound by these Terms and Conditions and any changes to it from time to time and such other terms as specified from m.Paani from time to time.
- m.Paani reserves the right to change, add or remove any part or modify these Terms and Conditions. Such changes shall be deemed effective immediately upon posting of the modified Terms and Conditions to www.mpaani.com/terms. The continued participation of the Members in the m.Paani Program following the posting of changes will indicate their acceptance of changes.
- Members shall not use the Program for any unlawful or abusive purpose, or for sending obscene, indecent, threatening, harassing, unsolicited messages, or messages affecting/infringing upon national or social interest, nor create any damage or risk to m.Paani, its Authorized Dealers and Suppliers, or Members or any other person, natural or legal whomsoever and m.Paani reserves its right to withdraw its Program in such circumstances. Any such infringement or misuse shall under no circumstances be attributed to m.Paani. Members shall be solely responsible for all such acts.
- Members, hereby, agree to indemnify and hold harmless m.Paani and its officials/ representatives against all suits, costs, damages or claims of any kind arising out of any act or omission or misuse of the Program by Members or any other person with or without your consent. The Member hereby agrees to indemnify and hold m.Paani harmless against any claim against m.Paani for libel or slander arising out of communications sent or received by the Member via the Program.
- Fraud and/or abuse relating to earning and Redemption of Points in the Program shall result in forfeiture of the Points as well as termination and cancellation of m.Paani Membership.
- GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions shall be governed by the laws of India. Subject to arbitration provisions, competent courts at Mumbai, India shall have exclusive jurisdiction over any of the disputes or differences arising out of or in connection with these Terms and Conditions.
In the event any dispute or difference (hereinafter referred to as the “Dispute”) arises out of or in connection with the existence, interpretation or implementation of these Terms and Conditions, or out of or in connection with the breach, or alleged breach of these Terms and Conditions amongst the parties, then any of the parties may refer the Dispute for resolution by arbitration. Such arbitration shall be governed by the provisions of the Arbitration and Conciliation Act of 1996 or any statutory modification or re-enactment thereof for the time being in force. A party shall also be entitled to apply to the appropriate competent court for interlocutory or interim relief in respect of such arbitration. The arbitration shall be held at Mumbai, India. All proceedings in any such arbitration shall be conducted in English. There shall be sole arbitrator jointly appointed by the parties who shall be fluent in English. The arbitration award shall be final and binding on the parties and the parties agree to be bound thereby and to act accordingly. The award shall be enforceable in any competent court of law.
When any Dispute is under arbitration, except for the matters under Dispute the parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under these Terms and Conditions during the pendency of the arbitration proceedings.
The Member shall indemnify, defend, and hold m.Paani including its directors, employees and agents harmless from and against any liabilities, claims or demands (including the costs, expenses, dispute resolution costs and attorneys’ fees on account thereof) relating to or may result from any (i) breach by the Member of any of its obligations, representations and warranties under these Terms and Conditions (ii) any injuries to persons or damage to property, including theft, resulting from the Member’s acts or omissions; (iii) any claims brought against m.Paani arising in whole or in part out of claims brought against the Member.
- LIMITATION OF LIABILITY
m.Paani’s liability arising out of these Terms and Conditions or resulting from the performance or non-performance of any of its obligations hereunder shall not exceed Indian Rupees 100. In no event will m.Paani be liable for any indirect, special, incidental, or consequential damages (including, but not limited to, any lost donations, profits, savings or revenues) incurred by the other party.
Each party shall comply with applicable laws. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter of these Terms and Conditions and supersedes all prior arrangements between the parties regarding such subject matter. These Terms and Conditions is on principal to principal basis. These Terms and Conditions does not create any agency or partnership or joint venture relationship between the parties. The Member shall not assign or transfer any of its rights and liabilities to any third party. No failure on the part of either party to exercise or delay in exercising any of its rights will be deemed a waiver thereof, nor will any single or partial exercise preclude any further or other exercise of such or any other right. These Terms and Conditions shall be altered, modified or supplemented only in writing and when duly signed by the parties. Any notices/communication to be given by a party to the other shall be sent by registered letter or email to the other party at the address/email ID last notified by such party. If any part of these Terms and Conditions is unenforceable because of any rule of law, public policy or for any other reason, such unenforceable provision shall be severed from these Terms and Conditions, and the remaining provisions of these Terms and Conditions shall remain in full force and effect. The provisions of these Terms and Conditions which by its nature survive, including Clause XV) (Indemnification), Clause XIV) (Governing Law and Dispute Resolution), Clause XVI) (Limitation of Liability), Clause VIII) (Force Majeure), Clause XIII) (General) and Clause XVII)(Miscellaneous), shall survive the expiration or termination of these Terms and Conditions.
- Modifications to these Terms and Conditions
m.Paani may, in its sole and absolute discretion, change these Terms and Conditions from time to time. m.Paani will post notice of such changes on the Website or the Software. If you object to any such changes, your sole recourse shall be to cease using the m.Paani Websites. Continued use of m.Paani Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms and Conditions may be superseded by expressly-designated legal notices or terms located on particular pages of the m.Paani Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and Conditions and to supersede the provision(s) of these Terms and Conditions that are designated as being superseded.