terms and conditions
terms and conditions
terms and conditions
updated on 30th september 2024
introduction
moringa innovations private limited is a company incorporated under the Companies Act, 2013, having its registered office at 1112, plus offices, 1st Floor, Landmark Cyber Park, sector 67, Gurgaon, Haryana 122009 (the “company”) along with its affiliates and subsidiaries and hereinafter referred in short as “PLEM” ("PLEM”, "We," "Us," and/or "Our").
The Company acts as a technical services facilitator between manufacturers, retailers, distributors, service providers, corporates, financial institutions and individual consumers (the “Business”).
For PLEM registered users, the following products and services are applicable – (a) the website, together with PLEM mobile app (the “Platform”); (b) the application programming interface (API), software development kit (SDK) and browser plugin (the “Service”); and (c) browser or other application plugins along with a platform and tools for using the Service and related documentation and other related materials, which may include sample code (the “Integrations”). Collectively the Platform, Services and Integrations are referred to as “PLEM Systems”, as per the context.
The Company also offers the PLEM Systems to other businesses and institutions (“Corporate Partners”) to enable them to provide and enhance rewards/benefits to their customers/vendors/employees/associates.
Terms of Use
This is a legal agreement between you (the person accessing, viewing, using or accessing the Website/App, and later referred to as “You” or “User” as per the context) and PLEM (the “Agreement”).
PLEM provides the Platform and the Service, to you subject to these Terms and Conditions of Service (the “Terms”). Please read these terms of use carefully before using the Platform and Services offered by the Company.
These terms of use set forth the legally binding terms and conditions for your use of the website/app of the Company and the services, features, content or widgets available through the site/app. If you do not agree with any part of this Terms, you may not use the Platform or the Service in any way.
You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms. Your use of the website indicates your acceptance of this Terms.
Use of certain portion of the PLEM Systems is only available to registered individual users (the “Individual Members”) and registered corporate users (“Corporate Members”), collectively “Members”. If you are a Member, your use of the Platform and the Service is conditioned on your acceptance of these Terms.
These Terms may be updated by us and the Terms, as amended from time to time, will apply to you. These Terms expressly supersede any prior written agreement with you, unless otherwise specified therein.
These Terms also include terms, policies, and disclaimers issued by us from time to time (“Additional Terms”). In the event of a conflict between these Terms and the Additional Terms, the Additional Terms will prevail.
Information and Content
User Information
For the purpose of this Agreement, the term, "Personal Information" shall mean and include, without limitation, personal details such as name, age, gender, date of birth, phone number, address, employment details, as well as photos or images of you, social media connections, details of the websites and shops you visit and your preferences.
For the purpose of this Agreement, the term, "Technical Information" shall mean and include, inter alia, log data, analytics code, etc. that you do not visibly enter and which are automatically collected during your access or use of the PLEM Systems, such as, IP address, version and identification number of the device, browser type, browser language, date and time of your requests, links in the Platform visited by you, search terms used in the Platform to obtain vital statistics regarding your usages of the Platform, enhance your experience and interface, increase the efficiency of the PLEM Systems, perform software verification and administration.
For the purpose of this Agreement, the term, "Financial Information" shall mean and include, without limitation, details of transactions or groups of transactions, details of your rewards balances with various businesses, details of bank account(s), credit card(s), or debit card(s) or other details of payment instrument as may be obtained from you for facilitating online payments, details of credit bureau reports and any other such information that may be required for transaction authentication and validation.
Collectively the Personal Information, Technical Information and Financial Information is referred to as “User Information”.
The Company may use certain Technical Information, that is not associated with or linked to your personal data and which, by itself, does not permit the identification of an individual user (collectively, “Anonymous Information”) or share such Anonymous Information with its affiliated entities or other third parties on need to know basis to obtain vital statistics regarding your usages of the PLEM Systems, enhance your experience and interface, increase the efficiency of the PLEM Systems, conduct surveys, perform software verification and administration. You can refuse to the use of cookies and app permissions on the Platform; however please note that in such case the full functionality of this Platform may not be used.
Personal Information submitted by you or collected from your organization, whether through the PLEM Systems or otherwise shall be securely stored on servers hosted by a reputed Internet Service Provider (“ISP”) for a period of active contract meeting the prescribed industry security standards. Your Personal Information shall not be disclosed in any circumstances except pursuant to a valid and subsisting order of a court or other judicial, quasi judicial or government body under applicable laws.
PLEM is committed to protect the security of User Information and uses reasonable efforts and security measures, including, a variety of security technologies and procedures to help protect such information from any unauthorized access, use or disclosure. However, the Company shall not be liable for retaining User Information beyond a period of 1 day from the date of deactivation of the contract.
User Content
For purposes of these Terms, content added, created, uploaded, submitted, distributed, or posted to the Service by you is collectively referred to as, "User Content."
All User Content on the PLEM Systems, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. The Company cannot guarantee the authenticity of any User Content or data which users may provide about themselves. You acknowledge that all User Content accessed by you using the PLEM Systems is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom and the Company shall have no liability towards you or any other party for any damage or loss resulting from such User Content. You acknowledge and agree that any User Content ggregated data provided by you, may be accessed and transferred to or used for the PLEM Systems.
User Content shall not infringe any third-party rights including intellectual property rights, privacy rights, performer's rights etc.
Company Content
For purposes of these Terms, the term "Company Content" includes, without limitation, any location information, logos, images, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible to you by the Company on or through the PLEM Systems. The PLEM Systems contain Company Content specifically provided by the Company, Corporate Partners and/or other partners of the Company and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Company Content accessed through the PLEM Systems.
Subject to these Terms and the terms and conditions of the content provider, the Company grants each user of the PLEM Systems a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Company Content, solely for personal, non-commercial use. Use, reproduction, distribution or storage of any Company Content for other than personal, non-commercial use is expressly prohibited without prior written permission from the Company, or from the copyright holder identified in such Company Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Company Content for commercial (whether or not for profit) use or in any way that violates any third party right.
You shall always use Company Content as an end user of the PLEM Systems. All Company Content is made available as is and without any representations or warranties whatsoever, and the Company hereby disclaims any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, and non-infringement.
Linked Content
The Product will contain links to other websites ("Linked Content"). The Linked Content is not under the control of the Company, and the Company is not responsible for any Linked Content, including without limitation any further links contained in the Linked Content, or any changes or updates thereto.
The Company is not responsible for any form of transmission, whatsoever, received by you from any Linked Content. The Platform provides links of online advertisements to you only as a convenience and the inclusion of any link does not imply endorsement by or affiliation of the Company nor does it represent the advice, views, opinions or beliefs of the Company. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. In the event that by accessing the Platform or following links to third-party websites you are exposed to content that you consider offensive or inappropriate, your only recourse will be to stop using the Platform.
Registration & Eligibility
For Individual Members
For the Platform, you are required to register with the Company and represent, warrant and covenant that you provide Personal Information the Company with accurate, truthful, and complete registration information (including, but not limited to your name ("Username"), phone number and e-mail address you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your user account. Any Services provided by the Company which do not require registration do not absolve you of the contractual relationship established by your agreement of these Terms of Use.
Registration as a User, for the Platform, is only a one-time process and if you have been previously registered, you shall login / sign into your account using the same credentials as provided by you during the registration process.
The Company reserves the right to refuse registration of, or cancel a Username in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your user account password. You shall never use another user's account without such other user's prior express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Platform. The Company may, in its sole discretion, refuse to offer the PLEM Systems to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Platform is revoked where these Terms or use of the Platform is prohibited and, in such circumstances, you agree not to use or access the PLEM Systems in any way.
As a minor if you wish to use our Services, such use shall be made available to you by your legal guardian or parents, who have agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of our PLEM Systems that may occur by virtue of any person including a minor registering for the Platform provided.
For Corporate Members
For accessing the PLEM Systems, an organization is required to enter into a commercial agreement with the Company including any agreement or addendum related to the protection of personal data (the “Corporate Agreement”).
If your organization is a Corporate Member, then the (i) the terms of the Corporate Agreement govern the relationship between your organization and PLEM, and these Terms govern your individual use of the PLEM Systems, and (ii) if there is any conflict between these and the Corporate Agreement, the Corporate Agreement will take precedence over these Terms.
Your organization will provide your personal information to create the account and will have access to modify on need basis. Upon signing up to your account, you will be considered as user of the Corporate Member’s account and will have access to the PLEM Systems as per the role assigned to you by your organization.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your user of the Corporate Member’s account. You agree to notify PLEM immediately of any unauthorized use of your account or any other breach of security.
PLEM will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge so long as the security or data breach is not attributable to any fraud, negligence, security breach, or misconduct on part of PLEM. However, you could be held liable for losses incurred by PLEM or another party due to unauthorized use of your account.
Access
Access to Individual Members
Subject to these Terms, the Company may offer to provide the PLEM Systems solely for your own use, and not for the use or benefit of any third party.
Product shall include, but not be limited to, any services the Company performs for you, any hardware or product offered by the Company, or any widgets that you download from the Platform or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores authorized by the Company, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).
The Company makes no representation that the content on the Platform and/or the Services is appropriate to be used or accessed outside India. Any users who use or access the Platform or avail the Services from outside India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
Access to Corporate Members
PLEM makes available the PLEM Systems to its Corporate Members and their users from time to time. If you are a Member, or an administrator or developer on behalf of an organization that is a Corporate Member, then you may use the Service and Integrations for your internal business purposes to develop or enable web or other software services or applications.
Notwithstanding anything in these Terms or other agreement between you or your organization and PLEM to the contrary, the PLEM Systems are provided “as is,” and PLEM makes no representation or warranty of any kind in connection with the PLEM Systems, including without limitation any representation or warranty that any products or results of the use of the PLEM Systems will meet your or your organization’s requirements, achieve any intended result, be compatible or work with any of your or your organization’s or any third party’s software, systems or other services.
If you are an administrator on behalf of a Corporate Member, then you may designate authorized users of your organization’s account, and by using the PLEM Systems, you confirm that you are authorized by your organization to do so. Those authorized users will have the ability to access your organization’s account and to take any actions that users are authorized to take under this Terms and any applicable Customer Agreement. If you establish or are given a user account as an employee or contractor of an organization that has a Customer Agreement with PLEM, you represent that you are authorized by your organization to do so, and you agree to use the PLEM Systems solely as authorized by your organization.
To access the certain PLEM Systems, you may be asked or required to provide certain registration details or other information. It is a condition of your use of the PLEM Systems that all such details and information that you provide be correct, current and complete. You expressly agree that all information you provide to register with PLEM is subject to the terms of PLEM’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with PLEM’s Privacy Policy. If you choose or are provided with a user name, password or any other information as part of the security features of the PLEM Systems, you agree to treat such information as confidential, and you agree not to disclose it to any other person or entity. You user account, if applicable, is personal to you, and you agree not to provide any other person with access to the PLEM Systems through your user account. You agree to notify PLEM immediately if you become aware of any unauthorized access or use of your user name, password or other security information. PLEM reserves the right to bar access to the PLEM Systems by any unauthorized user, or any user who PLEM has reason to believe is in breach of these Terms.
Rewards Earning and Usage
The Company provides rewards in the form of ecosystem digital discount value which is accrued by registered users (the “PLEM Rewards”). Further, the Company collates the rewards / benefits provided by Corporate Partners (the “Partner Rewards”). Collectively PLEM Rewards and Partner Rewards are referred to as “Rewards”.
Members collect Rewards on performing certain activities that may be of the nature of monetary transactions or otherwise (the “Rewards Earning”), on the Platform and/or with Corporate Partners over other channels of interaction.
Each Partner Reward transaction is a separate contract made between the Member and the respective Corporate Parter providing the reward. The Company does not have any liability in respect of the goods/services acquired, nor have any control or accept responsibility in relation to the quality or safety of these goods/services or whether the Corporate Partner is legally entitled to sell these goods/services to you.
You expressly agree to provide the Company with information regarding your Partner Rewards, including in some cases your historical transactions, and expressly authorise the Company to obtain such information directly from Corporate Partner on your behalf, so that we may provide the Reward services to you.
The Company may, for simplicity, may refer to Rewards as “cashback” in marketing documentation, however it is explicitly understood by the Members that PLEM Rewards have no cash value, and are not backed by cash or anything else. PLEM Rewards are only a representation of the amount of digital discount.
Rewards will be accrued by Members at the agreed rates set by the Company or the Corporate Partner and whilst reasonable care will be taken to ensure all marketing and promotional Reward rates are accurate, the Company cannot be held responsible for any inaccuracies or variations to the published rate.
Rewards will be accrued by Members within a period of 30 days of the Reward Earning or as per timelines set by the Company or the Corporate Partner. Members may view details of all current Rewards and their conditions on the Platform.
Where you collect a Reward, you agree that the decision of the Company or the Corporate Partner, to decline, accept and/or honour Rewards on any transaction is final and binding.
The Rewards may be used by the Members to gain a discount against products, services and gift cards purchased from the Platform (the “Rewards Usage”). In order to facilitate Rewards Usage on the Platform you authorise the Company and/or the Corporate Partner to debit your Rewards balance by the specified amount and discount the purchases by the specified amount. Where your Rewards are not sufficient you also authorise the Company to facilitate the purchase of additional Rewards, together with appropriate charges (if any) and use these purchased Rewards to complete your original instruction.
Whilst we expect Rewards Usage to be processed in real time, you should be be aware that some requests may take longer due to transaction checks and payment transfer timescales.
The Members shall ensure that the Personal Information and Financial Information provided to the Company is accurate and understands that the Company shall not be held responsible for any delay or error in Reward Usage resulting from inaccuracies.
Rewards Usage shall be subject to certain conditions which are defined by the Company or by Corporate Partners, including but not limited to, having to accumulate a certain amount of Rewards before Rewards Usage is permitted, as well as compliance with any applicable legislation (“Rewards Conditions”). Members may view details of all current Rewards and their conditions on the Platform.
You should be aware that any PLEM Reward generated have no value until such time as it meets the Rewards Conditions and is used to claim a discount, in accordance with the terms of this Agreement. Furthermore, until the PLEM Rewards are redeemed the PLEM Rewards do not belong to you and the Company we does not hold funds at any time. Any and all PLEM Rewards are owned by the Company at all times, and have no cash value, until you have achieved Rewards Conditions and requested for Rewards Usage.
Notwithstanding anything else contained herein, the Company reserves the right to change its rewards, policies, and terms of the program at its sole discretion without any prior notice to you.
Price & Payment
The use certain parts of the PLEM Systems is free of cost and there are charges associated with usage of certain other parts. You hereby understand that this no charge policy may be amended any time at the discretion of the Company.
For certain payment instruments like credit card, the Platform may need to charge a nominal amount as a verification transaction when an you link it to the Platform. This is done to ensure the payment instrument is live and active. The Company shall immediately credit your PLEM Rewards balance with at least an equivalent amount as a reward for linking and verifying the payment instrument.
In the event you choose to make a purchase on the PLEM Systems, payment shall be required to be made as a one-time payment/ monthly subscription service. All payments made on the PLEM Systems by you shall be compulsorily in Indian Rupees. The PLEM Systems will not facilitate transaction with respect to any other form of currency with respect to the purchases made.
The Company makes every effort to make sure that the pricing and availability of services/ products on the PLEM Systems is accurate and up to date. However, rarely, there may be an error on the pricing of a service/product or an error related to availability. In such cases, the Company is not responsible for any typographical errors and it reserves the right to cancel the transaction/ such sale.
The Company reserves the right to correct any inaccuracies or omissions related to availability/descriptions/pricing of services/products, even after you have submitted your order, and to change or update any other information at any time without prior notice.
You may make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or UPI. All payments are processed via the Company's payment service partners.
You acknowledge that your authorisation for a payment transaction on the PLEM Systems indicates that, as of the date of the authorisation, the underlying Rewards and/or payment instrument(s) have sufficient balance available for the purchase amount.
You acknowledge that upon receipt of such an authorisation, your payment obligation to the Company is completed and discharged (except in the event of chargeback or other reversal). You further acknowledge that the authorisation is not a guarantee by the Company that the transaction will not be subject to a chargeback or other reversal.
Any returns/refunds/requests for cancellation shall subject to the Company's policies on the same which may be updated from time to time
The Company reserves the right to change its rewards, policies, and terms of the program at its sole discretion without any prior notice to its users.
OTP verification via SMS
During the registration process on Plem, users are required to provide a valid mobile number.
An OTP (One-Time Password) will be sent to the entered mobile number via SMS for verification purposes.
Users must enter the correct OTP sent via SMS within the specified time frame to verify their mobile number.
Failure to verify the OTP may result in an incomplete registration, and access to the app may be restricted until successful verification.
By entering the OTP or granting SMS permission, users confirm that the mobile number provided is their own and that they have authorized Plem to use this number for verification purposes.
Plem reserves the right to request a re-verification of mobile numbers at any point to ensure account security.
Verified mobile numbers will be used for account-related notifications and communication purposes.
Introduction
Moringa Innovations Private Limited is a company incorporated under the Companies Act, 2013, having its registered office at 1112, Plus Offices, 1st Floor, Landmark Cyber Park, Sector 67, Gurgaon, Haryana 122009 (the “Company”) along with its affiliates and subsidiaries and hereinafter referred in short as “PLEM” ("PLEM”, "We," "Us," and/or "Our").
The Company acts as a technical services facilitator between manufacturers, retailers, distributors, service providers, corporates, financial institutions and individual consumers (the “Business”).
For PLEM registered users, the following products and services are applicable – (a) the website, together with PLEM mobile app (the “Platform”); (b) the application programming interface (API), software development kit (SDK) and browser plugin (the “Service”); and (c) browser or other application plugins along with a platform and tools for using the Service and related documentation and other related materials, which may include sample code (the “Integrations”). Collectively the Platform, Services and Integrations are referred to as “PLEM Systems”, as per the context.
The Company also offers the PLEM Systems to other businesses and institutions (“Corporate Partners”) to enable them to provide and enhance rewards/benefits to their customers/vendors/employees/associates.
Terms of Use
This is a legal agreement between you (the person accessing, viewing, using or accessing the Website/App, and later referred to as “You” or “User” as per the context) and PLEM (the “Agreement”).
PLEM provides the Platform and the Service, to you subject to these Terms and Conditions of Service (the “Terms”). Please read these terms of use carefully before using the Platform and Services offered by the Company.
These terms of use set forth the legally binding terms and conditions for your use of the website/app of the Company and the services, features, content or widgets available through the site/app. If you do not agree with any part of this Terms, you may not use the Platform or the Service in any way.
You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms. Your use of the website indicates your acceptance of this Terms.
Use of certain portion of the PLEM Systems is only available to registered individual users (the “Individual Members”) and registered corporate users (“Corporate Members”), collectively “Members”. If you are a Member, your use of the Platform and the Service is conditioned on your acceptance of these Terms.
These Terms may be updated by us and the Terms, as amended from time to time, will apply to you. These Terms expressly supersede any prior written agreement with you, unless otherwise specified therein.
These Terms also include terms, policies, and disclaimers issued by us from time to time (“Additional Terms”). In the event of a conflict between these Terms and the Additional Terms, the Additional Terms will prevail.
Information and Content
User Information
For the purpose of this Agreement, the term, "Personal Information" shall mean and include, without limitation, personal details such as name, age, gender, date of birth, phone number, address, employment details, as well as photos or images of you, social media connections, details of the websites and shops you visit and your preferences.
For the purpose of this Agreement, the term, "Technical Information" shall mean and include, inter alia, log data, analytics code, etc. that you do not visibly enter and which are automatically collected during your access or use of the PLEM Systems, such as, IP address, version and identification number of the device, browser type, browser language, date and time of your requests, links in the Platform visited by you, search terms used in the Platform to obtain vital statistics regarding your usages of the Platform, enhance your experience and interface, increase the efficiency of the PLEM Systems, perform software verification and administration.
For the purpose of this Agreement, the term, "Financial Information" shall mean and include, without limitation, details of transactions or groups of transactions, details of your rewards balances with various businesses, details of bank account(s), credit card(s), or debit card(s) or other details of payment instrument as may be obtained from you for facilitating online payments, details of credit bureau reports and any other such information that may be required for transaction authentication and validation.
Collectively the Personal Information, Technical Information and Financial Information is referred to as “User Information”.
The Company may use certain Technical Information, that is not associated with or linked to your personal data and which, by itself, does not permit the identification of an individual user (collectively, “Anonymous Information”) or share such Anonymous Information with its affiliated entities or other third parties on need to know basis to obtain vital statistics regarding your usages of the PLEM Systems, enhance your experience and interface, increase the efficiency of the PLEM Systems, conduct surveys, perform software verification and administration. You can refuse to the use of cookies and app permissions on the Platform; however please note that in such case the full functionality of this Platform may not be used.
Personal Information submitted by you or collected from your organization, whether through the PLEM Systems or otherwise shall be securely stored on servers hosted by a reputed Internet Service Provider (“ISP”) for a period of active contract meeting the prescribed industry security standards. Your Personal Information shall not be disclosed in any circumstances except pursuant to a valid and subsisting order of a court or other judicial, quasi judicial or government body under applicable laws.
PLEM is committed to protect the security of User Information and uses reasonable efforts and security measures, including, a variety of security technologies and procedures to help protect such information from any unauthorized access, use or disclosure. However, the Company shall not be liable for retaining User Information beyond a period of 1 day from the date of deactivation of the contract.
User Content
For purposes of these Terms, content added, created, uploaded, submitted, distributed, or posted to the Service by you is collectively referred to as, "User Content."
All User Content on the PLEM Systems, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. The Company cannot guarantee the authenticity of any User Content or data which users may provide about themselves. You acknowledge that all User Content accessed by you using the PLEM Systems is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom and the Company shall have no liability towards you or any other party for any damage or loss resulting from such User Content. You acknowledge and agree that any User Content ggregated data provided by you, may be accessed and transferred to or used for the PLEM Systems.
User Content shall not infringe any third-party rights including intellectual property rights, privacy rights, performer's rights etc.
Company Content
For purposes of these Terms, the term "Company Content" includes, without limitation, any location information, logos, images, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible to you by the Company on or through the PLEM Systems. The PLEM Systems contain Company Content specifically provided by the Company, Corporate Partners and/or other partners of the Company and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Company Content accessed through the PLEM Systems.
Subject to these Terms and the terms and conditions of the content provider, the Company grants each user of the PLEM Systems a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Company Content, solely for personal, non-commercial use. Use, reproduction, distribution or storage of any Company Content for other than personal, non-commercial use is expressly prohibited without prior written permission from the Company, or from the copyright holder identified in such Company Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Company Content for commercial (whether or not for profit) use or in any way that violates any third party right.
You shall always use Company Content as an end user of the PLEM Systems. All Company Content is made available as is and without any representations or warranties whatsoever, and the Company hereby disclaims any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, and non-infringement.
Linked Content
The Product will contain links to other websites ("Linked Content"). The Linked Content is not under the control of the Company, and the Company is not responsible for any Linked Content, including without limitation any further links contained in the Linked Content, or any changes or updates thereto.
The Company is not responsible for any form of transmission, whatsoever, received by you from any Linked Content. The Platform provides links of online advertisements to you only as a convenience and the inclusion of any link does not imply endorsement by or affiliation of the Company nor does it represent the advice, views, opinions or beliefs of the Company. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. In the event that by accessing the Platform or following links to third-party websites you are exposed to content that you consider offensive or inappropriate, your only recourse will be to stop using the Platform.
Registration & Eligibility
For Individual Members
For the Platform, you are required to register with the Company and represent, warrant and covenant that you provide Personal Information the Company with accurate, truthful, and complete registration information (including, but not limited to your name ("Username"), phone number and e-mail address you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your user account. Any Services provided by the Company which do not require registration do not absolve you of the contractual relationship established by your agreement of these Terms of Use.
Registration as a User, for the Platform, is only a one-time process and if you have been previously registered, you shall login / sign into your account using the same credentials as provided by you during the registration process.
The Company reserves the right to refuse registration of, or cancel a Username in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your user account password. You shall never use another user's account without such other user's prior express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Platform. The Company may, in its sole discretion, refuse to offer the PLEM Systems to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Platform is revoked where these Terms or use of the Platform is prohibited and, in such circumstances, you agree not to use or access the PLEM Systems in any way.
As a minor if you wish to use our Services, such use shall be made available to you by your legal guardian or parents, who have agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of our PLEM Systems that may occur by virtue of any person including a minor registering for the Platform provided.
For Corporate Members
For accessing the PLEM Systems, an organization is required to enter into a commercial agreement with the Company including any agreement or addendum related to the protection of personal data (the “Corporate Agreement”).
If your organization is a Corporate Member, then the (i) the terms of the Corporate Agreement govern the relationship between your organization and PLEM, and these Terms govern your individual use of the PLEM Systems, and (ii) if there is any conflict between these and the Corporate Agreement, the Corporate Agreement will take precedence over these Terms.
Your organization will provide your personal information to create the account and will have access to modify on need basis. Upon signing up to your account, you will be considered as user of the Corporate Member’s account and will have access to the PLEM Systems as per the role assigned to you by your organization.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your user of the Corporate Member’s account. You agree to notify PLEM immediately of any unauthorized use of your account or any other breach of security.
PLEM will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge so long as the security or data breach is not attributable to any fraud, negligence, security breach, or misconduct on part of PLEM. However, you could be held liable for losses incurred by PLEM or another party due to unauthorized use of your account.
Access
Access to Individual Members
Subject to these Terms, the Company may offer to provide the PLEM Systems solely for your own use, and not for the use or benefit of any third party.
Product shall include, but not be limited to, any services the Company performs for you, any hardware or product offered by the Company, or any widgets that you download from the Platform or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores authorized by the Company, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).
The Company makes no representation that the content on the Platform and/or the Services is appropriate to be used or accessed outside India. Any users who use or access the Platform or avail the Services from outside India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
Access to Corporate Members
PLEM makes available the PLEM Systems to its Corporate Members and their users from time to time. If you are a Member, or an administrator or developer on behalf of an organization that is a Corporate Member, then you may use the Service and Integrations for your internal business purposes to develop or enable web or other software services or applications.
Notwithstanding anything in these Terms or other agreement between you or your organization and PLEM to the contrary, the PLEM Systems are provided “as is,” and PLEM makes no representation or warranty of any kind in connection with the PLEM Systems, including without limitation any representation or warranty that any products or results of the use of the PLEM Systems will meet your or your organization’s requirements, achieve any intended result, be compatible or work with any of your or your organization’s or any third party’s software, systems or other services.
If you are an administrator on behalf of a Corporate Member, then you may designate authorized users of your organization’s account, and by using the PLEM Systems, you confirm that you are authorized by your organization to do so. Those authorized users will have the ability to access your organization’s account and to take any actions that users are authorized to take under this Terms and any applicable Customer Agreement. If you establish or are given a user account as an employee or contractor of an organization that has a Customer Agreement with PLEM, you represent that you are authorized by your organization to do so, and you agree to use the PLEM Systems solely as authorized by your organization.
To access the certain PLEM Systems, you may be asked or required to provide certain registration details or other information. It is a condition of your use of the PLEM Systems that all such details and information that you provide be correct, current and complete. You expressly agree that all information you provide to register with PLEM is subject to the terms of PLEM’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with PLEM’s Privacy Policy. If you choose or are provided with a user name, password or any other information as part of the security features of the PLEM Systems, you agree to treat such information as confidential, and you agree not to disclose it to any other person or entity. You user account, if applicable, is personal to you, and you agree not to provide any other person with access to the PLEM Systems through your user account. You agree to notify PLEM immediately if you become aware of any unauthorized access or use of your user name, password or other security information. PLEM reserves the right to bar access to the PLEM Systems by any unauthorized user, or any user who PLEM has reason to believe is in breach of these Terms.
Rewards Earning and Usage
The Company provides rewards in the form of ecosystem digital discount value which is accrued by registered users (the “PLEM Rewards”). Further, the Company collates the rewards / benefits provided by Corporate Partners (the “Partner Rewards”). Collectively PLEM Rewards and Partner Rewards are referred to as “Rewards”.
Members collect Rewards on performing certain activities that may be of the nature of monetary transactions or otherwise (the “Rewards Earning”), on the Platform and/or with Corporate Partners over other channels of interaction.
Each Partner Reward transaction is a separate contract made between the Member and the respective Corporate Parter providing the reward. The Company does not have any liability in respect of the goods/services acquired, nor have any control or accept responsibility in relation to the quality or safety of these goods/services or whether the Corporate Partner is legally entitled to sell these goods/services to you.
You expressly agree to provide the Company with information regarding your Partner Rewards, including in some cases your historical transactions, and expressly authorise the Company to obtain such information directly from Corporate Partner on your behalf, so that we may provide the Reward services to you.
The Company may, for simplicity, may refer to Rewards as “cashback” in marketing documentation, however it is explicitly understood by the Members that PLEM Rewards have no cash value, and are not backed by cash or anything else. PLEM Rewards are only a representation of the amount of digital discount.
Rewards will be accrued by Members at the agreed rates set by the Company or the Corporate Partner and whilst reasonable care will be taken to ensure all marketing and promotional Reward rates are accurate, the Company cannot be held responsible for any inaccuracies or variations to the published rate.
Where you collect a Reward, you agree that the decision of the Company or the Corporate Partner, to decline, accept and/or honour Rewards on any transaction is final and binding.
The Rewards may be used by the Members to gain a discount against products, services and gift cards purchased from the Platform (the “Rewards Usage”). In order to facilitate Rewards Usage on the Platform you authorise the Company and/or the Corporate Partner to debit your Rewards balance by the specified amount and discount the purchases by the specified amount. Where your Rewards are not sufficient you also authorise the Company to facilitate the purchase of additional Rewards, together with appropriate charges (if any) and use these purchased Rewards to complete your original instruction.
Whilst we expect Rewards Usage to be processed in real time, you should be be aware that some requests may take longer due to transaction checks and payment transfer timescales.
The Members shall ensure that the Personal Information and Financial Information provided to the Company is accurate and understands that the Company shall not be held responsible for any delay or error in Reward Usage resulting from inaccuracies.
Rewards Usage shall be subject to certain conditions which are defined by the Company or by Corporate Partners, including but not limited to, having to accumulate a certain amount of Rewards before Rewards Usage is permitted, as well as compliance with any applicable legislation (“Rewards Conditions”). Members may view details of all current Rewards and their conditions on the Platform.
You should be aware that any PLEM Reward generated have no value until such time as it meets the Rewards Conditions and is used to claim a discount, in accordance with the terms of this Agreement. Furthermore, until the PLEM Rewards are redeemed the PLEM Rewards do not belong to you and the Company we does not hold funds at any time. Any and all PLEM Rewards are owned by the Company at all times, and have no cash value, until you have achieved Rewards Conditions and requested for Rewards Usage.
Notwithstanding anything else contained herein, the Company reserves the right to change its rewards, policies, and terms of the program at its sole discretion without any prior notice to you.
Price & Payment
The use certain parts of the PLEM Systems is free of cost and there are charges associated with usage of certain other parts. You hereby understand that this no charge policy may be amended any time at the discretion of the Company.
For certain payment instruments like credit card, the Platform may need to charge a nominal amount as a verification transaction when an you link it to the Platform. This is done to ensure the payment instrument is live and active. The Company shall immediately credit your PLEM Rewards balance with at least an equivalent amount as a reward for linking and verifying the payment instrument.
In the event you choose to make a purchase on the PLEM Systems, payment shall be required to be made as a one-time payment/ monthly subscription service. All payments made on the PLEM Systems by you shall be compulsorily in Indian Rupees. The PLEM Systems will not facilitate transaction with respect to any other form of currency with respect to the purchases made.
The Company makes every effort to make sure that the pricing and availability of services/ products on the PLEM Systems is accurate and up to date. However, rarely, there may be an error on the pricing of a service/product or an error related to availability. In such cases, the Company is not responsible for any typographical errors and it reserves the right to cancel the transaction/ such sale.
The Company reserves the right to correct any inaccuracies or omissions related to availability/descriptions/pricing of services/products, even after you have submitted your order, and to change or update any other information at any time without prior notice.
You may make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or UPI. All payments are processed via the Company's payment service partners.
You acknowledge that your authorisation for a payment transaction on the PLEM Systems indicates that, as of the date of the authorisation, the underlying Rewards and/or payment instrument(s) have sufficient balance available for the purchase amount.
You acknowledge that upon receipt of such an authorisation, your payment obligation to the Company is completed and discharged (except in the event of chargeback or other reversal). You further acknowledge that the authorisation is not a guarantee by the Company that the transaction will not be subject to a chargeback or other reversal.
Any returns/refunds/requests for cancellation shall subject to the Company's policies on the same which may be updated from time to time
The Company reserves the right to change its rewards, policies, and terms of the program at its sole discretion without any prior notice to its users.
OTP verification via SMS
During the registration process on Plem, users are required to provide a valid mobile number.
An OTP (One-Time Password) will be sent to the entered mobile number via SMS for verification purposes.
Users must enter the correct OTP sent via SMS within the specified time frame to verify their mobile number.
Failure to verify the OTP may result in an incomplete registration, and access to the app may be restricted until successful verification.
By entering the OTP or granting SMS permission, users confirm that the mobile number provided is their own and that they have authorized Plem to use this number for verification purposes.
Plem reserves the right to request a re-verification of mobile numbers at any point to ensure account security.
Verified mobile numbers will be used for account-related notifications and communication purposes.
introduction
moringa innovations private limited is a company incorporated under the Companies Act, 2013, having its registered office at 1112, plus offices, 1st Floor, Landmark Cyber Park, sector 67, Gurgaon, Haryana 122009 (the “company”) along with its affiliates and subsidiaries and hereinafter referred in short as “PLEM” ("PLEM”, "We," "Us," and/or "Our").
The Company acts as a technical services facilitator between manufacturers, retailers, distributors, service providers, corporates, financial institutions and individual consumers (the “Business”).
For PLEM registered users, the following products and services are applicable – (a) the website, together with PLEM mobile app (the “Platform”); (b) the application programming interface (API), software development kit (SDK) and browser plugin (the “Service”); and (c) browser or other application plugins along with a platform and tools for using the Service and related documentation and other related materials, which may include sample code (the “Integrations”). Collectively the Platform, Services and Integrations are referred to as “PLEM Systems”, as per the context.
The Company also offers the PLEM Systems to other businesses and institutions (“Corporate Partners”) to enable them to provide and enhance rewards/benefits to their customers/vendors/employees/associates.
Terms of Use
This is a legal agreement between you (the person accessing, viewing, using or accessing the Website/App, and later referred to as “You” or “User” as per the context) and PLEM (the “Agreement”).
PLEM provides the Platform and the Service, to you subject to these Terms and Conditions of Service (the “Terms”). Please read these terms of use carefully before using the Platform and Services offered by the Company.
These terms of use set forth the legally binding terms and conditions for your use of the website/app of the Company and the services, features, content or widgets available through the site/app. If you do not agree with any part of this Terms, you may not use the Platform or the Service in any way.
You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms. Your use of the website indicates your acceptance of this Terms.
Use of certain portion of the PLEM Systems is only available to registered individual users (the “Individual Members”) and registered corporate users (“Corporate Members”), collectively “Members”. If you are a Member, your use of the Platform and the Service is conditioned on your acceptance of these Terms.
These Terms may be updated by us and the Terms, as amended from time to time, will apply to you. These Terms expressly supersede any prior written agreement with you, unless otherwise specified therein.
These Terms also include terms, policies, and disclaimers issued by us from time to time (“Additional Terms”). In the event of a conflict between these Terms and the Additional Terms, the Additional Terms will prevail.
Information and Content
User Information
For the purpose of this Agreement, the term, "Personal Information" shall mean and include, without limitation, personal details such as name, age, gender, date of birth, phone number, address, employment details, as well as photos or images of you, social media connections, details of the websites and shops you visit and your preferences.
For the purpose of this Agreement, the term, "Technical Information" shall mean and include, inter alia, log data, analytics code, etc. that you do not visibly enter and which are automatically collected during your access or use of the PLEM Systems, such as, IP address, version and identification number of the device, browser type, browser language, date and time of your requests, links in the Platform visited by you, search terms used in the Platform to obtain vital statistics regarding your usages of the Platform, enhance your experience and interface, increase the efficiency of the PLEM Systems, perform software verification and administration.
For the purpose of this Agreement, the term, "Financial Information" shall mean and include, without limitation, details of transactions or groups of transactions, details of your rewards balances with various businesses, details of bank account(s), credit card(s), or debit card(s) or other details of payment instrument as may be obtained from you for facilitating online payments, details of credit bureau reports and any other such information that may be required for transaction authentication and validation.
Collectively the Personal Information, Technical Information and Financial Information is referred to as “User Information”.
The Company may use certain Technical Information, that is not associated with or linked to your personal data and which, by itself, does not permit the identification of an individual user (collectively, “Anonymous Information”) or share such Anonymous Information with its affiliated entities or other third parties on need to know basis to obtain vital statistics regarding your usages of the PLEM Systems, enhance your experience and interface, increase the efficiency of the PLEM Systems, conduct surveys, perform software verification and administration. You can refuse to the use of cookies and app permissions on the Platform; however please note that in such case the full functionality of this Platform may not be used.
Personal Information submitted by you or collected from your organization, whether through the PLEM Systems or otherwise shall be securely stored on servers hosted by a reputed Internet Service Provider (“ISP”) for a period of active contract meeting the prescribed industry security standards. Your Personal Information shall not be disclosed in any circumstances except pursuant to a valid and subsisting order of a court or other judicial, quasi judicial or government body under applicable laws.
PLEM is committed to protect the security of User Information and uses reasonable efforts and security measures, including, a variety of security technologies and procedures to help protect such information from any unauthorized access, use or disclosure. However, the Company shall not be liable for retaining User Information beyond a period of 1 day from the date of deactivation of the contract.
User Content
For purposes of these Terms, content added, created, uploaded, submitted, distributed, or posted to the Service by you is collectively referred to as, "User Content."
All User Content on the PLEM Systems, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. The Company cannot guarantee the authenticity of any User Content or data which users may provide about themselves. You acknowledge that all User Content accessed by you using the PLEM Systems is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom and the Company shall have no liability towards you or any other party for any damage or loss resulting from such User Content. You acknowledge and agree that any User Content ggregated data provided by you, may be accessed and transferred to or used for the PLEM Systems.
User Content shall not infringe any third-party rights including intellectual property rights, privacy rights, performer's rights etc.
Company Content
For purposes of these Terms, the term "Company Content" includes, without limitation, any location information, logos, images, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible to you by the Company on or through the PLEM Systems. The PLEM Systems contain Company Content specifically provided by the Company, Corporate Partners and/or other partners of the Company and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Company Content accessed through the PLEM Systems.
Subject to these Terms and the terms and conditions of the content provider, the Company grants each user of the PLEM Systems a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Company Content, solely for personal, non-commercial use. Use, reproduction, distribution or storage of any Company Content for other than personal, non-commercial use is expressly prohibited without prior written permission from the Company, or from the copyright holder identified in such Company Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Company Content for commercial (whether or not for profit) use or in any way that violates any third party right.
You shall always use Company Content as an end user of the PLEM Systems. All Company Content is made available as is and without any representations or warranties whatsoever, and the Company hereby disclaims any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, and non-infringement.
Linked Content
The Product will contain links to other websites ("Linked Content"). The Linked Content is not under the control of the Company, and the Company is not responsible for any Linked Content, including without limitation any further links contained in the Linked Content, or any changes or updates thereto.
The Company is not responsible for any form of transmission, whatsoever, received by you from any Linked Content. The Platform provides links of online advertisements to you only as a convenience and the inclusion of any link does not imply endorsement by or affiliation of the Company nor does it represent the advice, views, opinions or beliefs of the Company. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. In the event that by accessing the Platform or following links to third-party websites you are exposed to content that you consider offensive or inappropriate, your only recourse will be to stop using the Platform.
Registration & Eligibility
For Individual Members
For the Platform, you are required to register with the Company and represent, warrant and covenant that you provide Personal Information the Company with accurate, truthful, and complete registration information (including, but not limited to your name ("Username"), phone number and e-mail address you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your user account. Any Services provided by the Company which do not require registration do not absolve you of the contractual relationship established by your agreement of these Terms of Use.
Registration as a User, for the Platform, is only a one-time process and if you have been previously registered, you shall login / sign into your account using the same credentials as provided by you during the registration process.
The Company reserves the right to refuse registration of, or cancel a Username in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your user account password. You shall never use another user's account without such other user's prior express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Platform. The Company may, in its sole discretion, refuse to offer the PLEM Systems to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Platform is revoked where these Terms or use of the Platform is prohibited and, in such circumstances, you agree not to use or access the PLEM Systems in any way.
As a minor if you wish to use our Services, such use shall be made available to you by your legal guardian or parents, who have agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of our PLEM Systems that may occur by virtue of any person including a minor registering for the Platform provided.
For Corporate Members
For accessing the PLEM Systems, an organization is required to enter into a commercial agreement with the Company including any agreement or addendum related to the protection of personal data (the “Corporate Agreement”).
If your organization is a Corporate Member, then the (i) the terms of the Corporate Agreement govern the relationship between your organization and PLEM, and these Terms govern your individual use of the PLEM Systems, and (ii) if there is any conflict between these and the Corporate Agreement, the Corporate Agreement will take precedence over these Terms.
Your organization will provide your personal information to create the account and will have access to modify on need basis. Upon signing up to your account, you will be considered as user of the Corporate Member’s account and will have access to the PLEM Systems as per the role assigned to you by your organization.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your user of the Corporate Member’s account. You agree to notify PLEM immediately of any unauthorized use of your account or any other breach of security.
PLEM will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge so long as the security or data breach is not attributable to any fraud, negligence, security breach, or misconduct on part of PLEM. However, you could be held liable for losses incurred by PLEM or another party due to unauthorized use of your account.
Access
Access to Individual Members
Subject to these Terms, the Company may offer to provide the PLEM Systems solely for your own use, and not for the use or benefit of any third party.
Product shall include, but not be limited to, any services the Company performs for you, any hardware or product offered by the Company, or any widgets that you download from the Platform or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores authorized by the Company, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).
The Company makes no representation that the content on the Platform and/or the Services is appropriate to be used or accessed outside India. Any users who use or access the Platform or avail the Services from outside India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
Access to Corporate Members
PLEM makes available the PLEM Systems to its Corporate Members and their users from time to time. If you are a Member, or an administrator or developer on behalf of an organization that is a Corporate Member, then you may use the Service and Integrations for your internal business purposes to develop or enable web or other software services or applications.
Notwithstanding anything in these Terms or other agreement between you or your organization and PLEM to the contrary, the PLEM Systems are provided “as is,” and PLEM makes no representation or warranty of any kind in connection with the PLEM Systems, including without limitation any representation or warranty that any products or results of the use of the PLEM Systems will meet your or your organization’s requirements, achieve any intended result, be compatible or work with any of your or your organization’s or any third party’s software, systems or other services.
If you are an administrator on behalf of a Corporate Member, then you may designate authorized users of your organization’s account, and by using the PLEM Systems, you confirm that you are authorized by your organization to do so. Those authorized users will have the ability to access your organization’s account and to take any actions that users are authorized to take under this Terms and any applicable Customer Agreement. If you establish or are given a user account as an employee or contractor of an organization that has a Customer Agreement with PLEM, you represent that you are authorized by your organization to do so, and you agree to use the PLEM Systems solely as authorized by your organization.
To access the certain PLEM Systems, you may be asked or required to provide certain registration details or other information. It is a condition of your use of the PLEM Systems that all such details and information that you provide be correct, current and complete. You expressly agree that all information you provide to register with PLEM is subject to the terms of PLEM’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with PLEM’s Privacy Policy. If you choose or are provided with a user name, password or any other information as part of the security features of the PLEM Systems, you agree to treat such information as confidential, and you agree not to disclose it to any other person or entity. You user account, if applicable, is personal to you, and you agree not to provide any other person with access to the PLEM Systems through your user account. You agree to notify PLEM immediately if you become aware of any unauthorized access or use of your user name, password or other security information. PLEM reserves the right to bar access to the PLEM Systems by any unauthorized user, or any user who PLEM has reason to believe is in breach of these Terms.
Rewards Earning and Usage
The Company provides rewards in the form of ecosystem digital discount value which is accrued by registered users (the “PLEM Rewards”). Further, the Company collates the rewards / benefits provided by Corporate Partners (the “Partner Rewards”). Collectively PLEM Rewards and Partner Rewards are referred to as “Rewards”.
Members collect Rewards on performing certain activities that may be of the nature of monetary transactions or otherwise (the “Rewards Earning”), on the Platform and/or with Corporate Partners over other channels of interaction.
Each Partner Reward transaction is a separate contract made between the Member and the respective Corporate Parter providing the reward. The Company does not have any liability in respect of the goods/services acquired, nor have any control or accept responsibility in relation to the quality or safety of these goods/services or whether the Corporate Partner is legally entitled to sell these goods/services to you.
You expressly agree to provide the Company with information regarding your Partner Rewards, including in some cases your historical transactions, and expressly authorise the Company to obtain such information directly from Corporate Partner on your behalf, so that we may provide the Reward services to you.
The Company may, for simplicity, may refer to Rewards as “cashback” in marketing documentation, however it is explicitly understood by the Members that PLEM Rewards have no cash value, and are not backed by cash or anything else. PLEM Rewards are only a representation of the amount of digital discount.
Rewards will be accrued by Members at the agreed rates set by the Company or the Corporate Partner and whilst reasonable care will be taken to ensure all marketing and promotional Reward rates are accurate, the Company cannot be held responsible for any inaccuracies or variations to the published rate.
Rewards will be accrued by Members within a period of 30 days of the Reward Earning or as per timelines set by the Company or the Corporate Partner. Members may view details of all current Rewards and their conditions on the Platform.
Where you collect a Reward, you agree that the decision of the Company or the Corporate Partner, to decline, accept and/or honour Rewards on any transaction is final and binding.
The Rewards may be used by the Members to gain a discount against products, services and gift cards purchased from the Platform (the “Rewards Usage”). In order to facilitate Rewards Usage on the Platform you authorise the Company and/or the Corporate Partner to debit your Rewards balance by the specified amount and discount the purchases by the specified amount. Where your Rewards are not sufficient you also authorise the Company to facilitate the purchase of additional Rewards, together with appropriate charges (if any) and use these purchased Rewards to complete your original instruction.
Whilst we expect Rewards Usage to be processed in real time, you should be be aware that some requests may take longer due to transaction checks and payment transfer timescales.
The Members shall ensure that the Personal Information and Financial Information provided to the Company is accurate and understands that the Company shall not be held responsible for any delay or error in Reward Usage resulting from inaccuracies.
Rewards Usage shall be subject to certain conditions which are defined by the Company or by Corporate Partners, including but not limited to, having to accumulate a certain amount of Rewards before Rewards Usage is permitted, as well as compliance with any applicable legislation (“Rewards Conditions”). Members may view details of all current Rewards and their conditions on the Platform.
You should be aware that any PLEM Reward generated have no value until such time as it meets the Rewards Conditions and is used to claim a discount, in accordance with the terms of this Agreement. Furthermore, until the PLEM Rewards are redeemed the PLEM Rewards do not belong to you and the Company we does not hold funds at any time. Any and all PLEM Rewards are owned by the Company at all times, and have no cash value, until you have achieved Rewards Conditions and requested for Rewards Usage.
Notwithstanding anything else contained herein, the Company reserves the right to change its rewards, policies, and terms of the program at its sole discretion without any prior notice to you.
Price & Payment
The use certain parts of the PLEM Systems is free of cost and there are charges associated with usage of certain other parts. You hereby understand that this no charge policy may be amended any time at the discretion of the Company.
For certain payment instruments like credit card, the Platform may need to charge a nominal amount as a verification transaction when an you link it to the Platform. This is done to ensure the payment instrument is live and active. The Company shall immediately credit your PLEM Rewards balance with at least an equivalent amount as a reward for linking and verifying the payment instrument.
In the event you choose to make a purchase on the PLEM Systems, payment shall be required to be made as a one-time payment/ monthly subscription service. All payments made on the PLEM Systems by you shall be compulsorily in Indian Rupees. The PLEM Systems will not facilitate transaction with respect to any other form of currency with respect to the purchases made.
The Company makes every effort to make sure that the pricing and availability of services/ products on the PLEM Systems is accurate and up to date. However, rarely, there may be an error on the pricing of a service/product or an error related to availability. In such cases, the Company is not responsible for any typographical errors and it reserves the right to cancel the transaction/ such sale.
The Company reserves the right to correct any inaccuracies or omissions related to availability/descriptions/pricing of services/products, even after you have submitted your order, and to change or update any other information at any time without prior notice.
You may make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or UPI. All payments are processed via the Company's payment service partners.
You acknowledge that your authorisation for a payment transaction on the PLEM Systems indicates that, as of the date of the authorisation, the underlying Rewards and/or payment instrument(s) have sufficient balance available for the purchase amount.
You acknowledge that upon receipt of such an authorisation, your payment obligation to the Company is completed and discharged (except in the event of chargeback or other reversal). You further acknowledge that the authorisation is not a guarantee by the Company that the transaction will not be subject to a chargeback or other reversal.
Any returns/refunds/requests for cancellation shall subject to the Company's policies on the same which may be updated from time to time
The Company reserves the right to change its rewards, policies, and terms of the program at its sole discretion without any prior notice to its users.
OTP verification via SMS
During the registration process on Plem, users are required to provide a valid mobile number.
An OTP (One-Time Password) will be sent to the entered mobile number via SMS for verification purposes.
Users must enter the correct OTP sent via SMS within the specified time frame to verify their mobile number.
Failure to verify the OTP may result in an incomplete registration, and access to the app may be restricted until successful verification.
By entering the OTP or granting SMS permission, users confirm that the mobile number provided is their own and that they have authorized Plem to use this number for verification purposes.
Plem reserves the right to request a re-verification of mobile numbers at any point to ensure account security.
Verified mobile numbers will be used for account-related notifications and communication purposes.
Refunds and Cancellation
All Rewards purchases are final and no refund can be issued, so please double check each time you purchase Rewards on the PLEM Systems.
For products/services/gift cards purchased on the PLEM Systems, if the transaction is cancelled, full refund is issued only in the following cases;
The product/service/gift card issued to the Member is different from the one ordered by the Member; and/or,
The seller/provider of the product/service/gift card does not oblige to the terms and conditions.
If the order placed by a Member is fully or partially still in pending status and if the same order is getting canceled due to non-availability of product/service/gift card or due to a request from the Member, the appropriate refund shall be issued to the Member.
In the event of a full or partial refund, the Member shall receive the amounts in the original modes of payment within the timelines specified by the seller. In cases where a refund to the original modes of payment is not possible, the Member will be issued gift cards and/or Rewards of at least the equivalent value.
In all other cases, there shall be no cancellation allowed for any purchases done through the PLEM Systems.
Conditions to Use
The Platform will be provided on best efforts basis. The Company will make reasonable efforts and shall endeavor that you are able to use the Platform without undue disruption, interruption or delay.
By creating a Company account, you may receive updates, promotional materials and other information we may send with regards to the Platform, or new services the Company may offer. You may opt out of receiving any, or all, of these communications from the Company by following the unsubscribe link or instructions provided in any email we send. You will continue to receive important updates with regards to your user account.
When you use the Platform, you agree that you are involved in the transmission of sensitive and personal information, including but not limited to your registration information and mobile number (collectively "Sensitive Information"), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. The Company agrees to take all necessary steps to secure and maintain the confidentiality of the Sensitive Information that you have transmitted in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
The Company disclaims any responsibility for any harm resulting from anyone's use, viewing, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any Content offered through any of the Services is the Content provider or Content creator's (the person, persons or entity that was responsible for uploading, adding or sharing the content or materials) sole responsibility, and you agree that the Company shall not be liable for any damages that may result from your use of the Content
When we will not allow you to redeem a Reward: You will not be allowed to redeem a Reward where we have terminated (or are entitled to terminate) this Agreement in accordance with clause 6; you have not logged into your account in any consecutive 6 month period; the Reward was not generated as a result of a verifiable Qualifying Transaction; the transaction on which any Reward was due was reversed, refunded or cancelled by any party; or you terminate or close your account with us before redeeming all Rewards eligible for redemption. Where your Rewards are validly redeemed and then subsequently reversed or cancelled, we may claim the Reward back from you.
You can request deletion of your account by contacting us at support@plem.in
Members shall not:
provide any false personal information to the Company (including a false Username) or create any account for anyone other than themselves;
use a Username that is the name of another person with the intent to impersonate that person;
use a Username that is a name that is otherwise offensive, vulgar, obscene or otherwise unlawful.
input into PLEM Systems User Content or User Submission that contain references to Illicit drugs, prescription drugs or recreational drugs, products that are identified as unsafe, Weapons, ammunition or explosives, Adult products or services, fake or substandard goods, pirated products,
input into PLEM Systems User Content or User Submission that contain any such image, photograph, design, artwork, any other copyrightable work, trade name, trade mark etc. that may violate intellectual property rights of any third party unless they must acquire permission/authorization/licenses from such third parties.
Modify, alter or otherwise make any derivative uses of our content, trademarks, technology platform or its underlying software, or any portion thereof;
Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the PLEM Systems.
Infringe upon or violate the rights of the Company, its users or third parties;
Download, copy or imitate any portion of the PLEM Systems, its underlying software and content, or its user interface, except as expressly permitted by the Company;
Aggregate or scrape any content, data or other information from the PLEM Systems to be aggregated or shown with material from other sites or on a secondary site without express written permission;
Hyperlink or deep-link to any portion of the PLEM Systems without our written consent;
Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;
Circumvent or seek to circumvent any security measures or other features meant to protect the security of the PLEM Systems and the users’ security;
Use the PLEM Systems other than for its intended purposes (including for any malicious, threatening, unethical, harassing, fraudulent or illegal activity) or otherwise in violation of these Terms.
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the PLEM Systems or another's computer;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Under no circumstance shall the Company be liable for any consequential, indirect or remote loss that you or your associates may suffer.
Intellectual Property, Copyright and Trademarks
Copyright in works contained in the PLEM Systems, including but not limited to all Company Content, features, functionality software, design, text, sound recordings and images, are the Company’s exclusive property, or licensed by the Company, except as otherwise expressly stated. You may access the PLEM Systems only for your use.
All trademarks, service marks, trade names, trade dress, and other forms of intellectual property are proprietary to the Company. No information, code, algorithms, content or material from the PLEM Systems may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company’s express written permission.
No right, title or interest in or to the PLEM Systems or any part thereof is transferred to you, and all rights not expressly granted to you in this Agreement are reserved by the Company.
The Company Content shall not be used in connection with any purpose other than performing activities on website and matters incidental thereto. Unless otherwise specified, the PLEM System is for your official and non-commercial usage only. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from the PLEM Systems.
Without limiting the foregoing paragraph, the name PLEM, the PLEM logo and all other trademarks, logos, product and service names, designs and slogans ("PLEM Marks") displayed on the PLEM Systems are trademarks of the Company or its licensors. You must not use any PLEM Marks for any purpose without prior, written permission from the Company or its applicable licensor.
By uploading or including any User Content or User Submission, the Member expressly grants:
to the Company a non-exclusive licence (including the right to grant sub-licences) to use, reproduce and distribute that material throughout the PLEM Systems and any other interactive services through which we make available; and
to other Members and Corporate Partners (through the Company), the non-exclusive, personal, non-transferable right to view, use and display the relevant material.
Representations and Indemnification
By using the Services, you represent and warrant that:
You are 18 years of age or older and that your use of the Platform shall not violate any applicable law or regulation;
You have fully read and understood the Terms of Use and Privacy Policy of the Platform and consent to them;
You are responsible for all of your activity in connection with the PLEM Systems;
you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry;
you will not use the Services for any unlawful purposes, or in furtherance of illegal activities;
you shall ensure that the requisite information provided by you to us for the Services on the Platform, is absolutely true, up-to-date and correct and nothing material has been concealed, and that you agree to maintain the accuracy of such information. The Company will not be liable for any incident occurring due to incorrect or insufficient information provided by you;
By way of example, and not as a limitation, you shall not (and shall not permit any third party to take any action or publish any information that):
use the PLEM Systems for any purpose that is prohibited by these Terms;
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty or obligations of confidentiality;
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by the Company in its sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
involves commercial activities (whether or not for profit) and/or sales without the Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the Company or any third party;
impersonates any person or entity, including any employee or representative of the Company;
includes anyone's identification documents or sensitive financial information; or
breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.
You shall not (directly or indirectly):
take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company' (or its third party providers') infrastructure;
interfere or attempt to interfere with the proper working of the PLEM Systems or any activities conducted on the PLEM Systems;
bypass any measures the Company may use to prevent or restrict access to the PLEM Systems (or other accounts, computer systems or networks connected to the PLEM Systems);
run any form of auto-responder or "spam" on the PLEM Systems;
use manual or automated software, devices, or other processes to "crawl" or "spider" any part of the PLEM Systems;
harvest or scrape any User Content or Company Content from the PLEM Systems;
modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the PLEM Systems, Information, User Content and/or Company Content, except as expressly authorized by the Company;
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying ideas or algorithms of any part of the PLEM Systems (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
not delete or modify any content of the PLEM Systems, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
use the PLEM Systems in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the PLEM Systems or any operating system;
not make false or malicious statements against the PLEM Systems or the Company; or
otherwise take any action in violation of the Company's guidelines and policies.
You shall defend, indemnify, and hold harmless the Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the hardware, PLEM Systems, Information, User Content, Company Content or otherwise from your violation of these Terms, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defences.
You agree to defend, indemnify and hold harmless the Company (and its officers, directors, employees, agents, affiliates, contractors, licensors, suppliers, successors and assigns) from and against any claims, demands, liabilities, damages, judgements, awards, losses, costs (including reasonable attorneys’ fees), arising out of or relating to your breach of these Terms, including, but not limited to, your User Content, your violation of any applicable law or the rights of a third party, or your use of the PLEM Systems other than as expressly authorized by the Company.
Warranties, Liability and Disclaimer
The Company reserves the right to access, read, preserve, and disclose any information as the Company reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Company, its users and the public.
Commentary and other materials posted on the PLEM Systems are not intended to amount to advice on which reliance should be placed. The Company disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Save to the extent required by law, the Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the PLEM Systems; what Company Content you access via the PLEM Systems; what effects the Company Content may have on you; how you may interpret or use the Company Content; or what actions you may take as a result of having been exposed to the Company Content.
You release the Company from all liability for you having acquired or not acquired Company Content through the PLEM Systems. The PLEM Systems may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Company Content contained in or accessed through the Service, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the PLEM Systems.
The Company shall not have any liability where the transaction is unable to be completed or does not fructify. In no event shall the Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the PLEM Systems, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services.
The PLEM Systems and Company Content are provided "as is", "as available" and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
The Company, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service including, without limitation any third party sites or services linked to the PLEM Systems will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the PLEM Systems is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the PLEM Systems and Company Content is solely at your own risk. Some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to you. If any open-source software is included in the PLEM Systems, the terms of an open-source license may override some of the terms of these Terms.
The Company has endeavored to ensure that all the information on the PLEM Systems is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall the Company be responsible for the delay or inability to use the PLEM Systems or related functionalities, the provision of or failure to provide PLEM Systems, or for any information, software, products, functionalities and related graphics obtained through the PLEM Systems, or otherwise arising out of the use of the PLEM Systems, whether based on contract, tort, negligence, strict liability or otherwise.
Further, the Company shall not be held responsible for non-availability of the PLEM Systems during periodic maintenance operations or any unplanned suspension of access to the PLEM Systems that may occur due to technical reasons or for any reason beyond the Company’s control. The Company will use commercially reasonable efforts consistent with prevailing industry standards to maintain the PLEM Systems in a manner which seeks to minimize errors and interruptions to the services.
The user understands and agrees that any material and/or data downloaded or otherwise obtained through the PLEM Systems is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. In case of any chargeback dispute related to the payment not being made as per the provisions of the payment service partners of the Company or as per the relevant laws, the Company will neither be held responsible nor will be a contractual party in the dispute, and the user will be held responsible for any such claims arising out of that incorrect payment.
The Company will not be liable or responsible for:
any instance where the transaction is unable to be completed or does not fructify;
any failure to perform, or delay in performance of, any of the Company’s obligations under these Terms that is caused by any act or event beyond the Company’s reasonable control, including force majeure events;
any failure to perform, or delay in performance of, any of the Company’s obligations under these Terms or any financial loss that is caused by an assigned partner(s) or a third-party service;
the PLEM Systems not meeting your individual requirements or the PLEM Systems containing defects or errors, as the PLEM Systems has not been developed specifically for you. It is your responsibility to ensure that you use the Platform if the facilities and functions of the PLEM Systems meet your requirements;
any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect your device, data or other proprietary material due to your use of the PLEM Systems.
Additionally, by using the PLEM Systems, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the PLEM Systems may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
It is your responsibility to ensure that you use the PLEM Systems if the facilities and functions of the PLEM Systems meet your requirements. Nothing in these terms of use shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the Company’s liability will be limited to the fullest extent permitted by applicable law.
Without prejudice to the foregoing, none of the directors, employees, agents, representatives, partners, suppliers or content providers of the Company shall not be personally liable for any action in connection with the PLEM Systems.
Assignment and Termination
You may not transfer or assign your obligations under this Agreement to any person without our written consent from the Company. Unless we provide written confirmation approving any change, no third party shall be entitled to benefit from any rights under this Agreement.
We may transfer, or sub contract to our service provider, our obligations under this Agreement to any company without notice.
If our directors or shareholders wish to sell the company, programme, or any part of the programme, or if they have any other reason that they deem appropriate to transfer the assets of the company, we maintain the right to transfer all obligations and benefits of this agreement, subject to notifying you of the same, to another company, so that your service remains non interrupted.
The Company may terminate your access to all or any part of the PLEM Systems at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the PLEM Systems. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may cancel your Agreement by deleting your account with PLEM.
Entire Agreement and Severability
This Agreement is intended to form the entire contract between you and us. This Agreement excludes any other marketing materials or discussions which may have taken place before you signed this Agreement, save where a fraud or fraudulent statement has been made by either party.
From time to time we may update this Agreement and any changes to this Agreement will be made available to you via our website and notified to you by e-mail. These changes will take effect 30 days after they have been notified to you. In the event that any term of this Agreement is found by any court to be unlawful, the remainder of the Agreement will remain unaffected; however, it may be modified as required to give effect to any deletion.
If any of the above conditions in this Agreement is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining Agreement.
Dispute Resolution, Governing Law and Jurisdiction
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and the Company agree that any cause of action arising out of or related to the PLEM Systems must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms shall be governed by and construed in accordance with the laws of India. All matters and dispute between the Company and you relating to the Terms, shall be subject to the jurisdiction of the courts in Delhi. The Company hereby expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.
Notwithstanding the foregoing, any disputes arising out of or in relation to the Terms shall finally be settled under the rules of the Indian Arbitration and Conciliation Act, 1996 (and amendments thereof) (the “Arbitration Rules”) by a sole arbitrator appointed by the Company, in accordance with the Arbitration Rules. The decision of the arbitrator shall be final and binding upon the parties hereto. The seat of the arbitration shall be in Delhi and the language of the arbitration shall be English.
Notwithstanding the foregoing and without prejudice to the right of the Company to seek interim or provisional relief from the arbitration proceedings, the Company may, prior to the appointment of the arbitrator and even thereafter, seek interim or provisional relief, including but not limited to, a preliminary injunctive relief or restraint from a court of competent jurisdiction.
Refunds and Cancellation
All Rewards purchases are final and no refund can be issued, so please double check each time you purchase Rewards on the PLEM Systems.
For products/services/gift cards purchased on the PLEM Systems, if the transaction is cancelled, full refund is issued only in the following cases;
The product/service/gift card issued to the Member is different from the one ordered by the Member; and/or,
The seller/provider of the product/service/gift card does not oblige to the terms and conditions.
If the order placed by a Member is fully or partially still in pending status and if the same order is getting canceled due to non-availability of product/service/gift card or due to a request from the Member, the appropriate refund shall be issued to the Member.
In the event of a full or partial refund, the Member shall receive the amounts in the original modes of payment within the timelines specified by the seller. In cases where a refund to the original modes of payment is not possible, the Member will be issued gift cards and/or Rewards of at least the equivalent value.
In all other cases, there shall be no cancellation allowed for any purchases done through the PLEM Systems.
Conditions to Use
The Platform will be provided on best efforts basis. The Company will make reasonable efforts and shall endeavor that you are able to use the Platform without undue disruption, interruption or delay.
By creating a Company account, you may receive updates, promotional materials and other information we may send with regards to the Platform, or new services the Company may offer. You may opt out of receiving any, or all, of these communications from the Company by following the unsubscribe link or instructions provided in any email we send. You will continue to receive important updates with regards to your user account.
When you use the Platform, you agree that you are involved in the transmission of sensitive and personal information, including but not limited to your registration information and mobile number (collectively "Sensitive Information"), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. The Company agrees to take all necessary steps to secure and maintain the confidentiality of the Sensitive Information that you have transmitted in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
The Company disclaims any responsibility for any harm resulting from anyone's use, viewing, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any Content offered through any of the Services is the Content provider or Content creator's (the person, persons or entity that was responsible for uploading, adding or sharing the content or materials) sole responsibility, and you agree that the Company shall not be liable for any damages that may result from your use of the Content
When we will not allow you to redeem a Reward: You will not be allowed to redeem a Reward where we have terminated (or are entitled to terminate) this Agreement in accordance with clause 6; you have not logged into your account in any consecutive 6 month period; the Reward was not generated as a result of a verifiable Qualifying Transaction; the transaction on which any Reward was due was reversed, refunded or cancelled by any party; or you terminate or close your account with us before redeeming all Rewards eligible for redemption. Where your Rewards are validly redeemed and then subsequently reversed or cancelled, we may claim the Reward back from you.
You can request deletion of your account by contacting us at support@plem.in
Members shall not:
provide any false personal information to the Company (including a false Username) or create any account for anyone other than themselves;
use a Username that is the name of another person with the intent to impersonate that person;
use a Username that is a name that is otherwise offensive, vulgar, obscene or otherwise unlawful.
input into PLEM Systems User Content or User Submission that contain references to Illicit drugs, prescription drugs or recreational drugs, products that are identified as unsafe, Weapons, ammunition or explosives, Adult products or services, fake or substandard goods, pirated products,
input into PLEM Systems User Content or User Submission that contain any such image, photograph, design, artwork, any other copyrightable work, trade name, trade mark etc. that may violate intellectual property rights of any third party unless they must acquire permission/authorization/licenses from such third parties.
Modify, alter or otherwise make any derivative uses of our content, trademarks, technology platform or its underlying software, or any portion thereof;
Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the PLEM Systems.
Infringe upon or violate the rights of the Company, its users or third parties;
Download, copy or imitate any portion of the PLEM Systems, its underlying software and content, or its user interface, except as expressly permitted by the Company;
Aggregate or scrape any content, data or other information from the PLEM Systems to be aggregated or shown with material from other sites or on a secondary site without express written permission;
Hyperlink or deep-link to any portion of the PLEM Systems without our written consent;
Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;
Circumvent or seek to circumvent any security measures or other features meant to protect the security of the PLEM Systems and the users’ security;
Use the PLEM Systems other than for its intended purposes (including for any malicious, threatening, unethical, harassing, fraudulent or illegal activity) or otherwise in violation of these Terms.
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the PLEM Systems or another's computer;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Under no circumstance shall the Company be liable for any consequential, indirect or remote loss that you or your associates may suffer.
Intellectual Property, Copyright and Trademarks
Copyright in works contained in the PLEM Systems, including but not limited to all Company Content, features, functionality software, design, text, sound recordings and images, are the Company’s exclusive property, or licensed by the Company, except as otherwise expressly stated. You may access the PLEM Systems only for your use.
All trademarks, service marks, trade names, trade dress, and other forms of intellectual property are proprietary to the Company. No information, code, algorithms, content or material from the PLEM Systems may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company’s express written permission.
No right, title or interest in or to the PLEM Systems or any part thereof is transferred to you, and all rights not expressly granted to you in this Agreement are reserved by the Company.
The Company Content shall not be used in connection with any purpose other than performing activities on website and matters incidental thereto. Unless otherwise specified, the PLEM System is for your official and non-commercial usage only. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from the PLEM Systems.
Without limiting the foregoing paragraph, the name PLEM, the PLEM logo and all other trademarks, logos, product and service names, designs and slogans ("PLEM Marks") displayed on the PLEM Systems are trademarks of the Company or its licensors. You must not use any PLEM Marks for any purpose without prior, written permission from the Company or its applicable licensor.
By uploading or including any User Content or User Submission, the Member expressly grants:
to the Company a non-exclusive licence (including the right to grant sub-licences) to use, reproduce and distribute that material throughout the PLEM Systems and any other interactive services through which we make available; and
to other Members and Corporate Partners (through the Company), the non-exclusive, personal, non-transferable right to view, use and display the relevant material.
Representations and Indemnification
By using the Services, you represent and warrant that:
You are 18 years of age or older and that your use of the Platform shall not violate any applicable law or regulation;
You have fully read and understood the Terms of Use and Privacy Policy of the Platform and consent to them;
You are responsible for all of your activity in connection with the PLEM Systems;
you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry;
you will not use the Services for any unlawful purposes, or in furtherance of illegal activities;
you shall ensure that the requisite information provided by you to us for the Services on the Platform, is absolutely true, up-to-date and correct and nothing material has been concealed, and that you agree to maintain the accuracy of such information. The Company will not be liable for any incident occurring due to incorrect or insufficient information provided by you;
By way of example, and not as a limitation, you shall not (and shall not permit any third party to take any action or publish any information that):
use the PLEM Systems for any purpose that is prohibited by these Terms;
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty or obligations of confidentiality;
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by the Company in its sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
involves commercial activities (whether or not for profit) and/or sales without the Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the Company or any third party;
impersonates any person or entity, including any employee or representative of the Company;
includes anyone's identification documents or sensitive financial information; or
breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.
You shall not (directly or indirectly):
take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company' (or its third party providers') infrastructure;
interfere or attempt to interfere with the proper working of the PLEM Systems or any activities conducted on the PLEM Systems;
bypass any measures the Company may use to prevent or restrict access to the PLEM Systems (or other accounts, computer systems or networks connected to the PLEM Systems);
run any form of auto-responder or "spam" on the PLEM Systems;
use manual or automated software, devices, or other processes to "crawl" or "spider" any part of the PLEM Systems;
harvest or scrape any User Content or Company Content from the PLEM Systems;
modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the PLEM Systems, Information, User Content and/or Company Content, except as expressly authorized by the Company;
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying ideas or algorithms of any part of the PLEM Systems (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
not delete or modify any content of the PLEM Systems, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
use the PLEM Systems in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the PLEM Systems or any operating system;
not make false or malicious statements against the PLEM Systems or the Company; or
otherwise take any action in violation of the Company's guidelines and policies.
You shall defend, indemnify, and hold harmless the Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the hardware, PLEM Systems, Information, User Content, Company Content or otherwise from your violation of these Terms, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defences.
You agree to defend, indemnify and hold harmless the Company (and its officers, directors, employees, agents, affiliates, contractors, licensors, suppliers, successors and assigns) from and against any claims, demands, liabilities, damages, judgements, awards, losses, costs (including reasonable attorneys’ fees), arising out of or relating to your breach of these Terms, including, but not limited to, your User Content, your violation of any applicable law or the rights of a third party, or your use of the PLEM Systems other than as expressly authorized by the Company.
Warranties, Liability and Disclaimer
The Company reserves the right to access, read, preserve, and disclose any information as the Company reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Company, its users and the public.
Commentary and other materials posted on the PLEM Systems are not intended to amount to advice on which reliance should be placed. The Company disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Save to the extent required by law, the Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the PLEM Systems; what Company Content you access via the PLEM Systems; what effects the Company Content may have on you; how you may interpret or use the Company Content; or what actions you may take as a result of having been exposed to the Company Content.
You release the Company from all liability for you having acquired or not acquired Company Content through the PLEM Systems. The PLEM Systems may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Company Content contained in or accessed through the Service, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the PLEM Systems.
The Company shall not have any liability where the transaction is unable to be completed or does not fructify. In no event shall the Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the PLEM Systems, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services.
The PLEM Systems and Company Content are provided "as is", "as available" and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
The Company, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service including, without limitation any third party sites or services linked to the PLEM Systems will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the PLEM Systems is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the PLEM Systems and Company Content is solely at your own risk. Some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to you. If any open-source software is included in the PLEM Systems, the terms of an open-source license may override some of the terms of these Terms.
The Company has endeavored to ensure that all the information on the PLEM Systems is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall the Company be responsible for the delay or inability to use the PLEM Systems or related functionalities, the provision of or failure to provide PLEM Systems, or for any information, software, products, functionalities and related graphics obtained through the PLEM Systems, or otherwise arising out of the use of the PLEM Systems, whether based on contract, tort, negligence, strict liability or otherwise.
Further, the Company shall not be held responsible for non-availability of the PLEM Systems during periodic maintenance operations or any unplanned suspension of access to the PLEM Systems that may occur due to technical reasons or for any reason beyond the Company’s control. The Company will use commercially reasonable efforts consistent with prevailing industry standards to maintain the PLEM Systems in a manner which seeks to minimize errors and interruptions to the services.
The user understands and agrees that any material and/or data downloaded or otherwise obtained through the PLEM Systems is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. In case of any chargeback dispute related to the payment not being made as per the provisions of the payment service partners of the Company or as per the relevant laws, the Company will neither be held responsible nor will be a contractual party in the dispute, and the user will be held responsible for any such claims arising out of that incorrect payment.
The Company will not be liable or responsible for:
any instance where the transaction is unable to be completed or does not fructify;
any failure to perform, or delay in performance of, any of the Company’s obligations under these Terms that is caused by any act or event beyond the Company’s reasonable control, including force majeure events;
any failure to perform, or delay in performance of, any of the Company’s obligations under these Terms or any financial loss that is caused by an assigned partner(s) or a third-party service;
the PLEM Systems not meeting your individual requirements or the PLEM Systems containing defects or errors, as the PLEM Systems has not been developed specifically for you. It is your responsibility to ensure that you use the Platform if the facilities and functions of the PLEM Systems meet your requirements;
any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect your device, data or other proprietary material due to your use of the PLEM Systems.
Additionally, by using the PLEM Systems, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the PLEM Systems may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
It is your responsibility to ensure that you use the PLEM Systems if the facilities and functions of the PLEM Systems meet your requirements. Nothing in these terms of use shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the Company’s liability will be limited to the fullest extent permitted by applicable law.
Without prejudice to the foregoing, none of the directors, employees, agents, representatives, partners, suppliers or content providers of the Company shall not be personally liable for any action in connection with the PLEM Systems.
Assignment and Termination
You may not transfer or assign your obligations under this Agreement to any person without our written consent from the Company. Unless we provide written confirmation approving any change, no third party shall be entitled to benefit from any rights under this Agreement.
We may transfer, or sub contract to our service provider, our obligations under this Agreement to any company without notice.
If our directors or shareholders wish to sell the company, programme, or any part of the programme, or if they have any other reason that they deem appropriate to transfer the assets of the company, we maintain the right to transfer all obligations and benefits of this agreement, subject to notifying you of the same, to another company, so that your service remains non interrupted.
The Company may terminate your access to all or any part of the PLEM Systems at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the PLEM Systems. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may cancel your Agreement by deleting your account with PLEM.
Entire Agreement and Severability
This Agreement is intended to form the entire contract between you and us. This Agreement excludes any other marketing materials or discussions which may have taken place before you signed this Agreement, save where a fraud or fraudulent statement has been made by either party.
From time to time we may update this Agreement and any changes to this Agreement will be made available to you via our website and notified to you by e-mail. These changes will take effect 30 days after they have been notified to you. In the event that any term of this Agreement is found by any court to be unlawful, the remainder of the Agreement will remain unaffected; however, it may be modified as required to give effect to any deletion.
If any of the above conditions in this Agreement is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining Agreement.
Dispute Resolution, Governing Law and Jurisdiction
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and the Company agree that any cause of action arising out of or related to the PLEM Systems must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms shall be governed by and construed in accordance with the laws of India. All matters and dispute between the Company and you relating to the Terms, shall be subject to the jurisdiction of the courts in Delhi. The Company hereby expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.
Notwithstanding the foregoing, any disputes arising out of or in relation to the Terms shall finally be settled under the rules of the Indian Arbitration and Conciliation Act, 1996 (and amendments thereof) (the “Arbitration Rules”) by a sole arbitrator appointed by the Company, in accordance with the Arbitration Rules. The decision of the arbitrator shall be final and binding upon the parties hereto. The seat of the arbitration shall be in Delhi and the language of the arbitration shall be English.
Notwithstanding the foregoing and without prejudice to the right of the Company to seek interim or provisional relief from the arbitration proceedings, the Company may, prior to the appointment of the arbitrator and even thereafter, seek interim or provisional relief, including but not limited to, a preliminary injunctive relief or restraint from a court of competent jurisdiction.
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rewards made simple.
anytime, anywhere.
contact us
support@plem.in
address
1112, 1st Floor, Landmark Cyber Park, Sector 67, Gurugram, Haryana 122101
PLEM by moringa innovations pvt. ltd.
pay less earn more
rewards made simple.
anytime, anywhere.
contact us
support@plem.in
address
1112, 1st Floor, Landmark Cyber Park, Sector 67, Gurugram, Haryana 122101
by morringa innovations pvt. ltd. all rights reserved.
pay less earn more
rewards made simple.
anytime, anywhere.
contact us
support@plem.in
address
1112, 1st Floor, Landmark Cyber Park, Sector 67, Gurugram, Haryana 122101
PLEM by moringa innovations pvt. ltd.