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This document is an electronic record in terms of the Information Technology Act, 2000 (“Act”), amendments thereof from time to time, rules thereunder as applicable and amended provisions pertaining to electronic records in various statutes as amended by the Act. This electronic record is generated by a computer system and does not require physical or digital signatures.
Please read these terms and conditions (“Terms”) carefully before registering, accessing, using, or participating in ‘PhonePe Earn’ (defined below). These Terms govern Your access to, participation in, usage of PhonePe Earn and constitute a legally binding agreement between You and PhonePe Private Limited, having its registered office at Office-2, Floor 5, Wing A, Block A, Salarpuria Softzone, Service Road, Green Glen Layout, Bellandur, Bengaluru, Karnataka – 560103, India.
All references to ‘PhonePe’ under these Terms shall be deemed to mean and include its affiliates, associates, subsidiaries, group companies, their respective officers, directors, employees, representatives, and agents. You agree and acknowledge that You have read these Terms and if You do not agree to or wish to be bound by these Terms, You shall not access, participate in, or use PhonePe Earn in any manner whatsoever. You also understand that additionally all other website policies, general or product specific terms and conditions, available on PhonePe Platform (defined below) and amended from time to time, shall be applicable to You, based on Your usage of/access to PhonePe Platform. We may amend these Terms at any time by posting an updated version on PhonePe website(s), PhonePe mobile application(s) and any other devices/properties which are owned/hosted/operated/powered by PhonePe (collectively referred to as “PhonePe Platform”). The updated versions of these Terms shall take effect immediately upon being posted. It is Your responsibility to review these Terms periodically for such updates/changes and Your continued usage of PhonePe Platform following the posting of such updates/changes shall be considered as Your acceptance of all such updates/changes. Any terms and conditions proposed by You which are in addition to or which are in conflict with these Terms are expressly rejected by PhonePe and shall be of no force or effect. Upon Your compliance with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to access, use, participate in PhonePe Earn.
- Definition
- “PhonePe Earn” shall mean the features available on PhonePe Platform, wherein digital/online tasks such as mobile app referrals (“Referrals”), online/digital surveys (“Surveys”) or tasks which allows online or digital participation/completion are enabled by PhonePe on behalf of its clients, who either for themselves or for a third party are keen to increase brand visibility, promote products/services or develop consumer/market insights (“Partner”), and on satisfactory completion of which You become eligible to receive electronic gift vouchers (“Reward”).
- “Qualified Referral” shall mean the satisfactory completion/fulfilment of all pre-ascertained actions, as may be required under Referrals along with its ancillary T&Cs. For instance, the installation of mobile application on Referee’s device may require completion and followed by one or more specific actions within a particular period of time on the Referee’s part such as registrations/subscriptions/availing services, as may be required basis the task’s specifications.
- “Referee”, for the purpose of Referrals, shall mean an individual who is referred by You and has successfully completed all actions described on the Referral link and its ancillary T&Cs.
- “Settlement” shall mean disbursal of Reward to You, as may be made available by PhonePe for a particular task under PhonePe Earn.
- “Survey” shall mean questionnaires/poll formats laid down by the Partner on PhonePe Platform, with the underlying objective of gathering data points on consumer behaviour, preferences, and market/product specific insights, whether or not pertaining to their products/services.
- “We”, “Us”, “Our” shall mean PhonePe.
- “You”, “Yours”, “Yourself”, “User” shall mean a user/customer of PhonePe.
- Eligibility
- By accessing/using/participating in PhonePe Earn, You represent, undertake, and warrant that:
- You are at least 18 years of age and are capable of entering into legally binding agreements.
- At all times, You shall abide by these Terms, all other website policies, general/product specific terms and conditions, as available on PhonePe Platform and amended from time to time.
- You are not barred or legally prohibited from accessing PhonePe in any manner whatsoever.
- You are not impersonating any person/entity.
- All information, document and details mentioned by You are true, belong to You and You, at all times, shall keep them updated on PhonePe Platform.
- PhonePe, in the event of any incorrect representation of the above-mentioned conditions, reserves the right to immediately terminate Your account on PhonePe Platform and initiate any other steps it deems necessary.
- By accessing/using/participating in PhonePe Earn, You represent, undertake, and warrant that:
- Specific Provisions for Survey, Referral and Reward
- In relation to Surveys, You hereby understand and agree that:
- Your responses/submissions to the Survey are subject to Partner’s and/or PhonePe’s internal parameters or quality check mechanisms and wherever Your responses/submissions do not meet such criteria as per PhonePe’s or Partner’s decision, You shall not be eligible to receive Reward against the participated Surveys.
- PhonePe will not be responsible for (a) lost, misdirected, late, incomplete, inaccurate or unintelligible entries/responses, whether caused by You or by any equipment or programming associated with or utilized in PhonePe Earn, or by any technical or human error that may occur in the processing of entries/responses; (b) any printing or typographical errors in any materials associated with PhonePe Earn; (c) any error in the operation, transmission, theft, destruction, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the internet or at any website; or (d) injury or damage to Your computer or mobile resulting from downloading any materials in connection with PhonePe Earn.
- Surveys may disclose confidential/proprietary information to You, and such information shall at all times remain the sole and exclusive property of its owner. This confidential information may include, but is not limited to, new product ideas or concepts, packaging concepts, advertising/movie/television concepts or trailers, and the text, visual images and sounds related thereto. By participating in a Survey, You agree that You will keep all such information confidential and not disclose them to any third party or use them for any purpose. If You breach this obligation, in addition to forfeiture of Your Reward and termination of Your account, You may be liable for monetary damages to PhonePe and/or to the Partner.
- Certain Surveys, only upon Your consent, may require You to submit Your personally identifiable information to Partners. You are strongly advised not to participate in such Surveys if You have any objection to disclosure, collection, storage, sharing and processing of such information. You agree to refer all disputes in this regard to Partners directly without involving PhonePe.
- In relation to Referral, You hereby understand and agree that:
- To participate in a Referral, You shall be required to follow instructions given in the Referral link along with its ancillary T&Cs and refer the mobile application to the Referee. This may also include entering the Referee’s contact information or complying with other conditions laid down under the ancillary T&Cs. In doing so, You further represent that You have the Referee’s prior consent to provide their contact information / other details.
- Making a Referral – You must be User of PhonePe Platform to make a referral and must respect the spirit of Referral by only referring real individuals (other than Yourself) who meet the requirements of these Terms, the Referral in question and its ancillary T&Cs. For example, You shall not create multiple or fake accounts with PhonePe or participate in the Referral using multiple or fake email addresses or identities. While making a Referral, You must provide complete, valid, actual information after seeking the respective consent from the Referee.
- In relation to Reward, You hereby understand and agree that:
- All Reward are exclusive of applicable taxes. Reward cannot be transferred, auctioned, traded, bartered, or sold. Upon termination of Your account or Your right to participate in PhonePe Earn, for reasons cited under these Terms, all unredeemed Reward accrued under Your earnings shall be forfeited.
- You may be required to verify Your mobile number and KYC documents with PhonePe in order to be eligible for the Reward.
- Each Reward will be awarded without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
- You shall be eligible for Reward, only upon notification on PhonePe Platform or written confirmation from PhonePe or Partner, as the case may be, on successful completion of the Survey and/or Qualified Referral in question.
- Reward are subject to verification/investigation and consequent delays/cancellations thereof. PhonePe may refuse to process a Reward, if in its sole discretion, it considers Your participation to be fraudulent, suspicious, in violation of these Terms, or believes will impose potential liability on PhonePe, the Partner or any of. PhonePe’s decisions shall be final and binding.
- You shall receive Reward in the form and manner determined by PhonePe or Partner, as the case may be, for each completed Survey and/or a Qualified Referral.. After the Settlement of the Reward, PhonePe or Partner, as the case may be, shall have no further liability whatsoever with regard to such Survey and/or Referral. It is hereby agreed by You that issuance of any Reward is a valid and sufficient consideration for completion of the task.
- Reward, collectively for both Surveys and Referrals undertaken for PhonePe and/or its Affiliates, shall be capped at INR 9,999/- (Indian Rupees Nine Thousand Nine Hundred Ninety Nine) perfinancial year per User (“Reward Limit”). Once Reward Limit is reached, subsequent participations within remainder of the financial year for Referrals and/or Surveys will not entitle You for further Reward, till Your Reward Limit is reset again. It is also clarified that in case of Referrals repeat product purchases or availing services by a Referee against Partner’s product or services shall not be eligible for further Reward.
- You hereby understand and agree that Reward is being provided as per the terms and conditions as maybe prescribed by PhonePe.
- In relation to Surveys, You hereby understand and agree that:
- General Provisions for PhonePe Earn
- Publicity Release: By participating in a Survey and/or Referral, You authorise PhonePe to use Your name and image, as may be embodied in any pictures, photos, write-ups, video recordings, audiotapes, digital images, and the like, taken or made in relation to the Survey and/or Referral for promotional or marketing purposes. It is further clarified that You will not disseminate any information learnt during a Survey or Referral on any private or public forum.
- Privacy Notice: Participation in the Survey and/or Referral may require You to submit personal information about You and the individuals You refer under Referrals / mention under Survey (if any), such as name, email address, and social media platforms account details etc. You agree that You, the mentioned individuals under Survey or the Referee may receive communications from PhonePe or the Partner, as the case may be, with regard to Your participation in the Survey and/or Referral. All information collected under PhonePe Earn shall be dealt with in accordance with these Terms and PhonePe’s website policies including its privacy policy.
- Timelines: Based on the nature of Survey (in terms of the responses/submissions received) or Referral (in terms of the actions required to be completed by the Referee), the timelines required by PhonePe or the Partner to conclude on the satisfactory completion of a task may vary on a case-to-case basis, and You agree to be patient during such evaluation period.
- Account termination and cancellation/modification/suspension of tasks and Reward:
- PhonePe reserves the right to cancel or suspend a Referral, Survey, or subsequent Reward in question, terminate Your eligibility to earn Reward or terminate Your PhonePe account, or the accounts of the Referee, if You or Referee: (i) open multiple PhonePe accounts with different e-mail addresses and mobile numbers, for the same individual in order to generate additional Reward; or (ii) refer individuals using spam or unsolicited e-mails; or (iii) use false names, impersonate other people, or otherwise provide false or misleading information to PhonePe to gain Reward; or (iv) compromised or aided in compromising the administration, security, or fairness of the Referral and/or Survey in question in any manner; or (v) are found prohibited from participating in the Survey and/or Referral under any applicable law or regulations; or (vi) violate these Terms or any other condition stipulated under the Survey and/or Referral.
- PhonePe may cancel, modify, terminate, or suspend the Survey and/or Referral; (i) should viruses, worms, bugs, unauthorized human intervention, or other causes beyond its control corrupt or impair the administration and security of Survey and/or Referral; or (ii) the number of entries in case of Surveys or Qualified Referrals in case of Referrals, meet the expected threshold prescribed by the Partner to PhonePe, for the particular Survey or Referral in question.
- In the event where either of above sub-clauses get triggered, PhonePe, at its sole discretion and to the extent feasible, shall ensure appropriate communication is made to You in such regard.
- Liability Release: By participating in PhonePe Earn, You agree to release from liability and hold harmless PhonePe for all matters in relation to the Survey, Referral or Reward. This release is for liabilities for personal injuries (including death), property loss or damage, and misuse of the benefits/Reward offered under PhonePe Earn, whether directly or indirectly, by reason of the acceptance, possession, or participation in PhonePe Earn.
- Disclaimer: PhonePe may at any time and without prior notice to You, modify the T&Cs of the Survey and Referral, including without limitation, changing Reward amounts, modifying manner of redeeming of Reward, modifying duration/expiry of the vouchers, maximum amount of Reward that You may earn etc.
- Indemnification: You shall indemnify and hold harmless PhonePe from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms, privacy policy, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
- Force Majeure: A Force Majeure Event shall mean any event that is beyond the reasonable control of the PhonePe and shall include but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes ,acts of state, governmental, legal or regulatory actions prohibiting or impeding PhonePe from performing its respective obligations under these Terms.
- Dispute, Governing Law & Jurisdiction: This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with these Terms, including the construction, validity, performance, or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts in Bengaluru, Karnataka shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with Your use of and participation in PhonePe Earn or other matters covered herein.