TERMS AND CONDITIONS OF REFER & EARN PROGRAM
This document (“Policy”) is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statues as amended by the said Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.This document governs the access to and participation in the commission programs offered on https://enozon.in/ (“Website”) and our “Enozon” application for mobile and handheld devices (“Enozon App”).The Website and Enozon App are jointly referred to as the “Platform”.
The Platform is owned and operated by EnozonOnline Shopping Private Limited (“Enozon” or “Company”). For the purpose of this Policy, “User(s)” shall mean the customers, who have successfully signed up on the Platform and have an active account on the Platform for purchase of products.For the purpose of this Policy,wherever the context so requires, “you” or “your” shall mean the User(s) and the terms “we”, “us” or “our” shall mean Enozon.We aimto increase our user base through the Refer and Earn Program(“Program”)wherein we will incentivize the User(s) who participate in this Program.
Please read this Policy carefully before you participate in the Program on the Platform. You are not bound in any way to actively participate in the Program. Any action towards participation in the Program is voluntary.Your participation in the Programon the Platform signifies your acceptance of this Policyand other Enozon policies as uploaded on the Platform and create a legally binding arrangement between the User and Enozon. We reserve the right to change, modify, alter and/or to terminate the Programand this Policy at any time at our sole discretion. The Program shall be subject to following terms and conditions:
A. Eligibility Criteria
- 1. The Platform and the Programare not intended for persons under the age of 18 (Eighteen) years. By using our Platform or agreeing to this Policy, you warrant and represent to us that you are of age 18 (Eighteen) years and above.
- 2. Only the User(s) who have (a) made at least one (1) successful referraland (b) successfully purchased a product on the Platform and such order is not returned, exchanged or cancelled, will be eligible to participate in the Program. Referral shall be considered successful when (a) the existing User of the Platform invites his/her friends to download, register and use the Platform by sharing his/her referral link/ code provided on the Platform (“Referral Code”) and a new user who downloads and signs-up on the Platform for the first time on a device on which Platform was not accessed earlier, after using the Referral Code of an existing Platform; (b) the Referee successfully purchased a product on the Platform and such order is not returned, exchanged or cancelled.
- 3. “Referee” shall mean the person who has been invited by the existing User(s) of the Platform to download, register and use the Platform by sharing his/her referral link/ code provided by the Platform (“Referral Code”) and who downloads and signs-up on the Platform for the first time on a device on which Platform was not accessed earlier, after using the Referral Code of such existing User(s).
- 4. The User(s) fulfilling the criteria specified hereinabove shall be referred to as the “Eligible User(s)”.
B. 100% Cashback Referral Commission Program
Enozon, from time to time, mayrun one or more ‘100% Cashback ReferralCommission Program’ on following terms:
- 1. The Eligible User(s)who purchasesSpecified Product(s) having, individually or in aggregate, Invoice Value of such amount as may be specified by Company from time to time (“Specified Invoice Value”), in a single transaction,from a Registered Seller shall be referred as the “First Buyer” and shall be eligible for Cashback ReferralCommission Program provided (i) the First Buyer has selected/ticked the check box available at the Platform thereby showing its interest to participate in the Cashback ReferralCommission Program and accepting the terms and conditions of the said program and (ii) the First Buyer uploads the Invoice on the Platform within 48 hours from the date on which the Invoice was issued to the First Buyer by the Registered Seller, unless the same is not required by the Company. “Invoice”shall mean the invoice raised by the Registered Seller in the name of the First Buyer for the products purchased by the First Buyer andfor which, in case of purchase from offline Registered Seller, CompanyQR code was scanned at the time of payment. “Registered Seller” shall mean the online and offline sellers registered on the Platform. “Invoice Value” shall mean total price being paid by the customer excluding applicable taxes, handling charges, special delivery charges, cash on delivery charges and any other charge as maybe levied by the Company.“Specified Product(s)” shall mean product specified /determined from time to time by Company on the Platform eligible for any or all 100% Commission Referral Commission Program.
- 2. Upon occurrence of thirty-one (31) purchases of TargetProduct(s)from any Registered Seller on the Platform after the purchase by the First Buyer (“Commission Target”), the First Buyer shall be eligible for referralcommission as per the matrix specified by the Company on the Platform (“100%Cashback Referral CommissionMatrix”).“Target Product(s)” shall mean product specified /determined from time to time by Company on the Platform eligible for any or all 100% Commission Referral Commission Program.
- 3. If so, decided by the Company, the aforesaid referralcommission shall be payable on a pro-rata basis upon occurrence of each of the 31 purchases out of the Commission Target.
- 4. For the purpose of point B(2) above, the purchase shall be said to have been occurredwhen (a) a separate invoice has been generated for the said purchase, (b) payment for the said purchase has been made, (c) the Registered Seller has approved the invoice, (d) either the return period for the product purchased has expired or the customer has opted for ‘no return’ option at the time of making the purchase/ there is no return period for such purchase, and (e) any product under the purchase has not been returned, exchanged or cancelled.
- 5. For the avoidance of doubt, it is clarified that aforesaid referralcommission is paid on first come first invoice basis and accordingly, (a) any invoice considered under the Commission Target for First Buyer shall not be counted again for any other Eligible User(s)and (b) in case any invoice contains multiple products, the highest return window will be considered.
C. Instant Cashback Referral Commission Program
Enozon, from time to time, will run ‘Instant CashbackReferralCommission Program’ on following terms:
- Part A
The Eligible User(s) shall be eligible for referralcommission as per the matrix specified by the Company on the Platform (“Instant Cashback Referral Commission Matrix”)
- Part B
Each Eligible User(s) will be eligible to earn 30% of referralcommission earned by each of the Referee under the InstantReferralCommission Program.
D. General Terms and Conditions
- 1. The amount of referral commission under this Program as stated above is inclusive of all applicable taxes whether direct or indirect and is subject to deductions under the Income Tax Act, 1961. In case we are required to make payment of any tax, including GST, on the commission amount, the same shall be withheld by us and in case, the User(s) is required to pay any tax, including GST, the User(s) shall bear the same and no additional payment shall be made by us.
- 2. The decision of the Company regarding all matters related to the Program including but not limited to eligibility of any User(s) under this Program, determining the list of Specified Product(s) and Target Product(s), calculation of referral commission under this Program, success of referrals, fulfillment of Commission Targetetc. shall be final and binding and no dispute in this regard shall be entertained by the Company and the User(s) shall not be entitled to raise any dispute before any court of law or quasi-judiical authority in this regard.
- 3. The amount of referral commission earned by the User(s) under this Programshall become due and payable only on demand by the User(s) and otherwise the referral commission under this Programshall neither be considered due nor payable.
- 4. The User(s) can either demand the amount of referral commission under this Programthat the User(s) has earned, to be transferred in the bank account of the User(s) (provided the referral commission requested to be transferred is more than Rs. 100/-) or the User(s) can request the Company to adjust/set off the amount for purchases made by the User(s) on the Platform. In case the Company makes the aforesaid adjustment, the amount of commission so adjusted shall be reduced from the amount payable by the Company to the User(s) in form of the referral commission under this Program. Adjustment of referral commission may not be permissible during certain sales, events and on certain products.
- 5. It is hereby clarified that, by participation in the Program, the Company does not guarantee payment of referral commission to the First Buyer and such payment depends upon the fulfillment of the terms and conditions of the said program and is at the discretion of the Company.
- 6. As and when demanded, the User(s) shall promptly provide his/her details such as address, bank account, PAN, invoice with respect to referral commission(in the format prescribed by the Company) for enabling the Company to transfer the User(s) the amount of referral commission earned by the User(s) under this Program.
- 7. The email id and/or phone number through which the Referee signs up shall not have been used for signing up on the Platform earlier.
- 8. In case, the User(s) or Referee signs up using a different email id and/or phone number, using the same device, such users shall not be eligible for receiving the benefits under this Program.
- 9. We, in our sole discretion, reserve the right to disqualify any User from availing the benefits of the Program, in case we identify any fraudulent activity being carried out for the purpose of availing the benefits under the Program. Our decision shall be final and binding on the User(s).A fraud can encompass, without limitation, of the following:
- a. If a User is found referring himself using multiple IDs or phone numbers.
- b. Any other attempt to take unfair advantage, as deemed by us, of the Program.
- 10. We reserve the right in our sole discretion at any time and without prior notice to you to add to, remove or otherwise change the terms of this Program, including but not limited to:
- a. Modifying the amount and method of computation of referral commission.
- b. Modifying the eligibility criteria for the User(s).
- c. Modifying when the referral commission is earned by the User(s).
- d. Modifying how the User(s) may use the referral commission earned through this Program.
- e. Instituting/ modifying a cap on the maximum amount of referral commission.
- f. Discontinuing the Program partially or in entirely.
- 11. Upon any premature suspension, inconvenience, cessation, withdrawal, termination or closure of the Program by the Company, no person shall be entitled to claim loss of any kind whatsoever.
- 12. In case we post an updated version of these terms on the Platform, you shall be deemed to have accepted such changes by continuing to use the Platform or the Program after the date such changes are posted.
- 13. Registration on the Platform shall be done using PAN card, however, one PAN card can be used only for one account registration on the Platform.
- 14. In case the User(s) avail the benefits under the Program, the User(s) shall not be entitled to return/ seek refund for the product purchased from the Platform. The purchases wherein reward coins have been utilized to reduce the cart value shall not be counted under this Program.
- 15. The Company shall not be liable for any failure to perform its obligations where such failure has resulted due to Force Majeure including but not limited to fire, flood, earthquake, storm, hurricane or other natural or unnatural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war rebellion revolution in insurrection, military or usurped power of confiscation terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity.
- 16. The Company shall be liable to set-off the amount payable by the Company to the User(s) with any amount that is payable by the User(s) to the Company.
- 17. The User(s) shall complete its KYC by providing details like their name, PAN card, email id, mobile number and other as specified on the Platform in order to receive the benefit under the Program.Save as otherwise decided by the Company, it is mandatory for the User(s) to provide PAN card details in order to avail benefit under the Program.
- 18. You shall be responsible for providing accurate information on the Platform.
- 19. We may store your personal information for the purpose of Program which may be protected by physical as well as reasonable technological security measures and procedures in accordance with Applicable Laws. If you object to your personal information being used in this way, you must not use the Website.
- 21. User(s) acknowledges that the Platform may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro. The Company shall adopt such technical and non-technical security measures that it considers are appropriate to operate the Platform, however the Company does not guarantee that such security measures cannot be subverted to gain unauthorized access.Company’s sole obligation and User(s)’s sole and exclusive remedy in the event of interruption to the Platform or loss of use, data and/or access shall be to use all reasonable endeavors to restore the Platform and/or access as soon as reasonably possible.
- 22. Except for any liability which cannot by law be excluded or limited, the Company shall be not liable for indirect, incidental, special, punitive or consequential damages, including without limitation, damages for loss of profits, business interruption, Interruption or stoppage to the User(s)’s access to and/or use of the Platform, loss of goodwill or unauthorized access to information incurred by User(s) arising out of, or relating to the use by the User(s) of Platform and, whether framed as a breach of warranty, in tort, contract, or otherwise even if the User(s) has been advised of the possibility of such damages.
- 23. In case any penalty is imposed on the Company on account of breach of any applicable law by the User(s), the User(s) shall indemnify and hold harmless the Company against all losses and liability incurred by the Company on account of such breach.
- 24. You and we agree to submit to jurisdiction of the courts at Jaipur, Rajasthan, India and this Policy shall be governed by the laws of India.
- 25. In case of any dispute pertaining to this Policy and/or the referral commission hereunder, the dispute involving a claim of up to Rs. 1,00,000/- shall be decided by the grievance officer of the Company. Disputes involving claims of more than Rs. 1,00,000/- shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The place of arbitration shall be Jaipur, Rajasthan or any other venue chosen by the Company. The arbitration proceedings shall be governed by the fast track procedure provided under the Arbitration & Conciliation Act, 1996. The arbitration proceedings shall be in the English language.