TERMS AND CONDITIONS OF IDEA YAARI GRATIFICATION OFFER
PLEASE READ THESE TERMS & CONDITIONS (“T&C”) CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN THIS OFFER KNOWN AS “IDEA YAARI GRATIFICATION OFFER”. BY PROCEEDING WITH REGISTRATION AND PARTICIPATION IN THIS “IDEA YAARI GRATIFICATION OFFER”, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE OFFER AND THEREBY AGREE ON IRREVOCABLE BASIS, TO BE LEGALLY BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS & CONDITIONS, PLEASE DO NOT PARTICIPATE IN THIS OFFER.
Terms and Conditions:
The present offer i.e., IDEA YAARI GRATIFICATION Offer (“Offer”), is conceptualized, organized and conducted by Spice Digital Limited, a company incorporated under the provisions of the Companies Act, 1956, having its registered office at 60-D, Street No. C-5, Sainik Farms, New Delhi-110062 and corporate office at S Global Knowledge Park, 19A & 19B, Sector-125, Noida - 201301, [U.P.], (hereinafter referred to as “SDL”) in association with Idea Cellular Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at Suman Tower, Plot No. 18, Sector – 11, Gandhinagar – 382 011 and its corporate office at 10th floor, Birla Centurion, Century Mills Compound, Pandurang Budhkar Marg, Worli, Mumbai 400030 (hereinafter referred to as “Idea”).
SDL and Idea shall hereinafter be jointly referred to as “Organisers”.
The offer is open only for a limited period starting from 14 Jun 2017, 00:00:01 hours till 13 Jul 2017, 23:59:59 hours, both days inclusive, for the active1 pre-paid category of the Idea subscribers (“Subscriber(s)”2) of the Maharashtra Idea telecom service areas circle (“Circle(s)”):
1. Under the present Offer, Subscriber may subscribe to the Offer by calling & subscribing on the number 55690 or by other mode i.e., Short Message Service (SMS), Out Bound Dialer (OBD), Speaker Independent Voice Recognition (SIVR), Unstructured Supplementary Service Data (USSD) and Wireless Application Protocol (WAP).
2. Under this Offer Subscriber will get assured recharge of Rs. 20/- only after successful activation of Yaari Service Pack and Subscriber shall be eligible for the said gratification for only one time during the Offer Period. Subscriber will receive the intimation through a confirmatory message for the gratification from the Organisers between 24 hours to 48 hours from the time Subscriber activates the Yaari Service Pack. The said gratification must be claimed by Subscriber within 24 hours of receiving the intimation through SMS containing the link for doing the above said recharge, after filling certain details as communicated to the Subscriber; failing which Organisers reserves the right to forfeit/suspend the gratification. This offer cannot be used in conjunction with any alternative offer or promotion.
3. Under this Offer Subscriber will get assured recharge of Rs. 10/- only after Yaari application usage (Includes Yaari App Download, Profile Creation & At least one text initiation by IDEA) and Subscriber is eligible for the said gratification for only one time during the Offer Period. Subscriber will receive the intimation through a confirmatory message for the gratification from the Organisers between 24 hours to 48 hours from the time Subscriber uses that Yaari application. The said gratification must be claimed within 24 hours of receiving the intimation through SMS containing the link for doing the above said recharge, after filling certain details as communicated to the Subscriber; failing which Organisers reserves the right to forfeit/suspend the gratification. This offer cannot be used in conjunction with any alternative offer or promotion.
4. To be eligible to claim the gratification/s under the Offer, the MSISDNs shall be required to be active Subscribers of Idea during the period of the Offer.
5. By participating in the Offer, the Subscriber agrees and confirms that he/she shall not raise any query/clarification/concern/complaint/dispute with respect to the Offer after the expiry of Offer Period. After the expiry of the Offer Period, the Organisers shall not entertain any query/clarification/concern/complaint/dispute raised by the Subscriber.
6. The Subscriber hereby undertakes that he/she shall not challenge or raise any issue/dispute regarding the gratification in any condition whatsoever.
7. This participation of eligible Subscribers is voluntary, and subject to the applicable terms and conditions.
8. By entering the Offer, You confirm and waive the applicability of rules and regulations of the National Do Not Call Registry and You agree to receive promotional messages and alerts from the Organisers, as they may in their sole and absolute discretion decide. Also, the Subscribers may receive promotional updates from and at the sole discretion of the Organizer, of the upcoming offers.
9. Mere participation in the Offer shall not entitle a Subscriber to the gratification. No other person or agent can claim the gratification on behalf of the Subscriber, unless otherwise expressly mentioned herein.
10. You acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content, application and all material or content related to the Offer shall remain, at all times, owned by the Organisers and/or their respective owners. All material and content contained in the application is made available for Your personal and non-commercial use only. Any other use of the material/ content on the application and/ or any information disseminated by SMS or any other means of communication is strictly prohibited.
11. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by the Organisers including, but not limited to, meeting of the Subscriber's requirements or aspirations, timeliness, security, reliability of the Offer, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through the Offer or any transactions effected through the Offer; (b) The Subscriber expressly agree that his/her participation in the Offer offered by the Organisers is at his/her sole risk and is governed by the Terms and Conditions herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the application or through the Offer shall be construed to mean the giving of any warranty of any kind by the Organisers.
12. The gratification(s) under this Offer are neither assignable nor transferable under any circumstance, unless specifically provided hereunder. All the gratifications shall be subject to such other terms and conditions as may be applicable to specific gratification and shall have to be duly complied with the Subscriber.
13. Any Subscriber providing any incorrect information or concealing/withholding any information from the Organisers with an intent to participate in the Offer will automatically be disqualified from participating in it. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of Idea number, domicile, payment of outstanding amount to Idea or any other information provided by the Subscriber, shall entitle the Organisers to disqualify him/her without any further intimation.
14. Apart from the entitlement to the above gratifications, the Subscriber or their legal heirs, successors and representative will have no other rights or claims against the Organisers, unless expressly mentioned herein.
15. The Subscribers hereby irrevocably authorize Idea and its subsidiaries to use the data gathered during and/or after the Offer in respect of the Subscriber (including Subscriber’s name etc.) in any of its communications including marketing promotions and advertisements along with or without Idea’s brand.
16. This Offer is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God or any circumstance beyond the reasonable control of the Organisers (“Force Majeure Event”). The Organisers shall not be liable for any delay or adverse effect caused to this Offer there under as a result of a Force Majeure Event. The Organisers shall intimate the suspension of the Offer caused as a result of such Force Majeure Event to the Subscribers within reasonable time.
17. The Terms and Conditions stated herein shall not override the terms and conditions of the Subscriber Enrolment Form.
18. This Offer is subject to guidelines/ directions issued by the Department of Telecommunications (“DoT”), Telecom Regulatory Authority of India (“TRAI”) or any other statutory authority from time to time.
19. The decision of the Organisers in respect of all transactions under this Offer shall be final and binding.
20. The Organisers shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of the Organisers. Without limiting the generality of the foregoing, the Organisers shall not be responsible for any claims arising out of technical failures before, during or after the completion of the Offer including but not limited to any technical failures in the mobile connectivity, delay in time recorded or taken for answering a question, any action that has been initiated, actioned or completed through his/her mobile phones, failure of servers or any failures arising out of technical snags or resultant inability of the listener for participation.
21. The Subscribers hereby agree and undertake not to hold the Organisers and/or any of their group entities or affiliates, their respective directors, officers, employees, agents, vendors, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses, either direct or indirect or remote that they may/might have suffered, sustained or incurred, or claim to suffer, sustain or incur, by way of and /or on account of this Offer.
22. The Organisers or any of their group entities or affiliates, their respective directors, officers, employees, agents, representatives, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), by a Subscriber and/or any third party, directly or indirectly, by use or non-use of the gratification offered in this Offer.
23. The Organisers reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Offer or any part thereof including the eligibility criteria, the terms and conditions and gratification at their sole discretion at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their control and the same shall be binding on the Subscriber. The latest revised version of the Terms and Conditions shall be effective and binding on the Subscriber from the time of its posting on the Website/ application. You are therefore advised to check the Website regularly for any update(s) or amendment(s) made to these Terms and Conditions and in the event the modified or amended Terms and Conditions are not acceptable to You, You should discontinue participating in the Offer.
24. The Organisers may use sub-contractors or 3rd party vendors to execute certain tasks associated with this Offer, without consent from the Subscribers.
25. The Organisers reserve the right, at any time, to unconditionally disqualify any Subscriber who tampers with or who in any way abuses the process or Terms and Conditions of the Offer, without giving any prior intimation to the Subscriber. Failure by the Organisers to enforce any of their rights at any stage does not constitute a waiver of those rights.
26. The Organisers reserve the right, at any time, to unconditionally disqualify any Subscriber who tampers with or who in any way abuses the process or Terms and Conditions of the Offer, without giving any prior intimation to the Subscriber. Failure by the Organisers to enforce any of their rights at any stage does not constitute a waiver of those rights.
27. The Organisers do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Subscribers.
28. The officers of the Organisers, including their directors, officers, partners, employees, consultants and agents are under no obligation to render any advice or service to any Subscriber in respect of the Offer.
29. The provisions of this service, the Offer and any other promotional endeavor may not be used for any commercial purpose by any Subscriber.
30. These Terms and Conditions are subject to Indian law and the exclusive jurisdiction of the Courts in New Delhi.
1 An active Subscriber shall mean the Subscriber who uses the Subscriber Identity Module (“SIM”) on a regular basis for purposes other than to participate in this Offer or any other challenges offered by the Organizers jointly.
2 Subscriber shall mean the rightful user of the Idea pre-paid connection, in whose name the mobile phone number (MSISDN) is registered with the operator. In the event the number / connection is registered in the name of a company or firm, the employee who is authorized to use the MSISDN shall submit a No Objection Certificate and authorization of the employer duly permitting the employee to use the MSISDN for participation in the Offer, receive the gratifications and accept the terms applicable for the Offer.Back