These terms consist of 2 (two) distinct portions, i.e., (i) the Terms of Use; and (ii) the moringa Rewards Program Terms and Conditions, and the acceptance of the provisions of (i) and (ii) is mandatory for the use of the moringa platform, regardless of your use of the functionalities provided therein.
CONTENTS
(i) TERMS OF USE
(ii) moringa REWARDS PROGRAM TERMS AND CONDITIONS
(i) TERMS OF USE
1. AGREEMENT TO TERMS
These terms of use (“Terms of Use”) constitute a legally binding agreement made between you (“you” or “moringa member”) and GenBioCa Sciences Private Limited (together with its subsidiaries, “we,” “us” or “our” or “moringa”), concerning your access to and use of www.genbioca.com (including sub-domains and microsites), as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”). You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE OF THE PLATFORM IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms of Use are posted.
The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. MINORS
The Platform is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Platform, unless under parental guidance. We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us, we have the right to delete that information from the Platform as quickly as is reasonably practical.
3. CORRECTIONS
There may be information on the Platform that contains typographical and other errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
4. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property laws of India, foreign jurisdictions and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, framed, mirrored or used for the creation of any derivative works or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. You are not permitted to reverse-compile, dis-assemble, reverse-engineer or otherwise replicate any part of the Content or the Marks.
You are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content (if so enabled by the Platform) to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, Content and the Marks.
5. USER REPRESENTATIONS
By using the Platform, you represent and warrant that:
(i) all registration information you submit will be true, accurate, current, complete and not misleading;
(ii) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(iii) you have the legal capacity and you agree to comply with these Terms of Use;
(iv) you are not under the age of 18 or a minor in the jurisdiction in which you reside;
(v) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; and
(vi) you will not use the Platform for any illegal or unauthorized purpose.
In case of a breach of the representations in this Clause 5 or of any other part of these Terms of Use, we have the right to: (a) suspend or terminate your account; (b) refuse any and all current or future use of the Platform (or any portion thereof); and (c) terminate your access to any other programs or features that are offered as a part of your membership with the Platform and rescind any accrued benefits under such programs without payment of any compensation.
6. PAYMENT FUNCTIONALITIES
We may provide you facility for making payments or receiving payments or completing transactions (“moringa pay”) with the companies and brands whose products and services are being offered for sale on the Platform or through links to other websites or applications (“Third-Party Websites”). moringa Pay maybe provided to you through our affiliates, banks, card networks, schemes, PPI issuers etc. (collectively “Facility Provider”).
moringa Member may use moringa Pay through the Platform or Third-Party Websites or other compatible sales channels. Any time you send or receive funds, you are doing so at your own risk, and moringa or Facility Providers shall not be liable for any payments or Membership Account activity, except as set out in this Terms of Use and as under applicable law.
6.1 Payment Methods
moringa Member may make payments through moringa Pay using any payment instruments including but not limited to credit cards, debit cards, net banking, pre-paid instruments, UPI, moringa Pay Balance (as defined below) or any other instrument that maybe supported by moringa Pay from time to time (“Payment Instrument”).
It is clarified that all payment methods may not be available to a given moringa Member and their availability to make payments for transactions may vary as maybe determined by us or Facility Providers at their sole discretion in order to manage risk, failure rate, location et al. You may be required to verify that you control the Payment Instrument that you register prior to using them for transactions. You shall be solely liable for use of Payment Instrument in any manner whatsoever.
You may be charged a fees, by the Platform or Facility Provider, for usage of Payments Instruments.
You may also be charged a return fee for any direct debit transfer request that is rejected by the Facility Provider or issuer of your Payment Instrument for any reason (a “Return Fee”), including without limitation rejections caused by insufficient funds, closure, or if information provided is in-correct. You authorize us (through Facility Providers) to debit your Payments Instruments to collect such Return Fee.
6.2 moringa Pay Balance
“moringa Pay Balance” means the value in the pre-paid instrument issued by Facility provider to enable you to utilize such stored value to purchase goods and/or services.
You can use moringa Pay Balance in conjunction with other Payment Instruments. You will not be charged any additional fees for using moringa Pay Balance to pay for a transaction. Using moringa Pay Balance does not require the use of an additional password, beyond the Credentials used to log in to the Membership Account. It is your responsibility to ensure that no unauthorized user obtains access to your Membership Account or moringa Pay. We or Facility Providers shall not be liable for any unauthorized uses of moringa Pay Balance where such breach is not caused due to moringa’s or its service providers’ acts or omissions.
6.3 Suspension or Termination of moringa Pay or Membership Account
moringa or Facility Provider may terminate the provision of the moringa Pay services, for any reason at any time without written notice.
Further, we may suspend your access to moringa Pay and block access to your Membership Account and deactivate it under the following circumstances:
(i) you have violated the terms of this Terms of Use;
(ii) we determine that you pose an unacceptable credit or fraud risk to us;
(iii) you provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct;
(iv) we have security concerns regarding your Membership Account, including your Credentials, or
(v) we suspect unauthorized or fraudulent use of your Membership Account or any payment information in your Membership Account.
In such cases we will inform you of the deactivation of your Membership Account and the reasons for it, where possible, before the deactivation and in any event promptly thereafter, unless we determine that giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate your Membership Account or Credentials, or replace it or them, as applicable, once we have resolved the reasons for deactivation. Users are required to notify us via e-mail at moringa@genbioca.com if you wish to request us to reactivate your Membership Account.
6.4 Communication
When you use moringa Pay or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number to process a transaction using moringa Pay. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. Through your use of moringa Pay, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your use of moringa Pay, including for the following purposes:
(i) providing you with the functionalities of moringa Pay and transactional or account related information;
(ii) sending you payment related reminders/updates;
(iii) promoting moringa Pay or the Platform or any of GenBioCa Science’s and its affiliates’ other products and services;
(iv) promoting merchants’ services, including any offers or schemes or prizes that may be provided by these entities;
(v) promoting new products and activities;
(vi) investigating or resolving any product or moringa Pay-related concerns including complaints; or
(vii) obtaining your invaluable feedback.
In order to serve you better, we or the Facility Provider may also send you surveys to understand: (i) your experience with the Platform or moringa Pay, and/or (ii) your needs and requirements.
You may choose to, or we may invite you to, submit comments or ideas about moringa Pay, including without limitation about how to improve moringa Pay. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.
Some of the moringa Pay features may display advertisements and promotions. In consideration for GenBioCa Sciences granting you access to and use of moringa Pay, you agree that GenBioCa Sciences or Facility Providers may place such advertising and promotions.
6.5 Access to moringa Pay
GenBioCa Sciences undertakes to make best efforts to ensure the uninterrupted availability of moringa Pay and to ensure that transmissions and communications in this regard are error-free. However, due to the nature of the internet, this cannot be guaranteed and GenBioCa Sciences or Facility Provider shall not be held liable for any interruptions in providing the moringa Pay services. Further, Users’ access to the Platform or the Membership Account may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
7. USER REGISTRATION AND SECURITY
You may be required to register with the Platform by opening a moringa or GenBioCa Sciences membership account (“Membership Account”) in order to avail a range of services, including the group loyalty program operated by us (the “moringa Rewards Program”). You shall be assigned a unique membership number (“Membership Number”) which shall be linked to your Membership Account. You agree to keep your Membership Number and password confidential, and will be responsible for all use of your Membership Account and password. We reserve the right to remove, reclaim, or change a username you select if we determine in our discretion, that such username is inappropriate, obscene, or otherwise objectionable. No individual is permitted to create more than one Membership Account including through the use of multiple phone numbers, e-mail addresses or devices. Use of the moringa Rewards Program through the account created by you shall be subject to the additional terms and conditions set forth in the moringa Rewards Program Terms and Conditions below.
Select accounts maintained with certain GenBioCa Sciences Group Entities will merge into one Membership Account. Users will receive their Membership Number for such merged account when they log into their Membership Account.
In the event that you have previously completed a registration form to enrol with the Platform through a GenBioCa Sciences Group Entity, you will be able to access your Membership Account by providing your mobile number, email address or such other identifier provided to such GenBioCa Sciences Group Entity at the time of enrolment.
Your email address/phone number and a password that you select will be used to access the Platform or moringa Pay, and for communications with you, including as described in Clause 6.4 of these Terms of Use. You may also be prompted to answer several security questions or select other issued security access keys or credentials that may be used to enable access to moringa Pay and authorize transactions. Your password and access keys are your “Credentials”.
You are responsible for maintaining the secrecy and security of your Credentials and for restricting access to personal devices and systems that may store the Credentials, and you agree to accept responsibility for all activities that occur under your Membership Account or password. You should take all necessary steps to ensure that the Credentials are kept confidential and secure. You should not disclose your Credentials to any third party. If any of your Credentials are compromised, you must notify us immediately by contacting us at moringa@genbioca.com so that we can suspend use of your Membership Account with moringa Pay in order to avoid unauthorized transactions. You must also notify us by writing an email to moringa@genbioca.com if you wish to request us to unblock your Membership Account.
Except for the purpose of moringa Pay, you may cancel your Membership Account at any time by exercising your Right to be Forgotten as set out in our Privacy Notice.
For the purposes of these Terms of Use, “GenBioCa Sciences Group Entities” shall include our parent company, moringa-AI, and its subsidiaries, associate companies and joint venture companies with whom we have a contractual arrangement to enable their participation on the Platform.
8. PROHIBITED ACTIVITIES
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Platform, you agree not to:
(i) systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(ii) make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
(iii) use a buying agent or purchasing agent to make purchases on the Platform;
(iv) use the Platform to advertise or offer to sell goods and services;
(v) circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein;
(vi) engage in unauthorized framing of or linking to the Platform;
(vii) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
(viii) make improper use of our support services or submit false reports of abuse or misconduct;
(ix) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
(x) interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
(xi) attempt to impersonate another user or person or use the username or Membership Number of another user;
(xii) sell or otherwise transfer your Membership Account;
(xiii) use any information obtained from the Platform in order to harass, abuse, or harm another person;
(xiv) use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavour or commercial enterprise;
(xv) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform;
(xvi) attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform;
(xvii) harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you;
(xviii) delete the copyright or other proprietary rights notice from any Content;
(xix) copy or adapt the Platform’s software;
(xx) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform;
(xxi) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
(xxii) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software;
(xxiii) disparage, tarnish, or otherwise harm, in our opinion, us, our reputation or goodwill and/or the Platform; or
(xxiv) use the Platform in a manner inconsistent with any applicable laws or regulations and these Terms of Use.
9. USER GENERATED CONTRIBUTIONS
The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Platform and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
(i) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
(ii) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other users of the Platform to use your Contributions in any manner contemplated by the Platform and these Terms of Use;
(iii) you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and these Terms of Use;
(iv) your Contributions are not false, inaccurate, or misleading;
(v) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
(vi) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us);
(vii) your Contributions do not encourage money laundering or gambling;
(viii) your Contributions do not deceive or mislead any addressee about their origin and will not contain any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(ix) through your Contributions, you will not impersonate any person;
(x) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
(xi) your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
(xii) your Contributions do not violate any applicable law, regulation, or rule;
(xiii) your Contributions do not violate the privacy or publicity rights of any third party;
(xiv) your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits, or is otherwise harmful to, people under the age of 18 in a sexual manner;
(xv) your Contributions do not violate any law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
(xvi) your Contributions do not include any offensive comments that are connected to caste, race, national origin, gender, sexual preference or physical handicap; and
(xvii) your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Platform.
10. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Platform; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation under these Terms of Use to monitor your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(i) you should have first-hand experience with the person/entity being reviewed;
(ii) your reviews should not contain profanity, or abusive, racist, offensive, or hate language;
(iii) your reviews should not contain discriminatory references based on caste, religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(iv) your reviews should not contain references to illegal activity;
(v) you should not make any conclusions as to the legality of conduct;
(vi) you may not post any false or misleading statements; and
(vii) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
12. MOBILE APPLICATION END-USER LICENSE
Use License
If you access the Platform via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:
(i) decompile, reverse engineer, dis-assemble, attempt to derive the source code of, or decrypt the application;
(ii) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(iii) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(iv) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(v) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
(vi) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(vii) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(viii) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(ix) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Platform:
(i) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(ii) we are responsible for providing any maintenance and support services with respect to the Platform as specified in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform;
(iii) in the event of any failure of the mobile application of the Platform to conform to any applicable warranty, you may notify the applicable App Distributor;
(iv) you represent and warrant that (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (y) you are not listed on any U.S. government list of prohibited or restricted parties;
(v) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
(vi) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
13. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
14. THIRD-PARTY WEBSITES AND CONTENT
The Platform may contain (or you may be sent via the Platform) links to Third-Party Websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
(a) Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
(b) Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
(c) If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform.
(d) Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
(e) A wide variety of products and services are made available for sale through the Platform. For any such purchase on the Platform, you agree to be additionally bound by the specific terms of use applicable to such product or service of the relevant seller. You acknowledge that Third-Party Websites will have their own applicable terms and conditions in relation to the supply of products and accept to abide by those additional terms and conditions.
15. PLATFORM MANAGEMENT
We reserve the right, but not the obligation, to:
(i) monitor the Platform for violations of these Terms of Use;
(ii) take appropriate legal action against anyone who, in our discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
(iii) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(iv) in our discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(v) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
16. PRIVACY POLICY AND DATA
We care about data privacy and security. Please review our Privacy Notice. By using the Platform, you agree to be bound by our Privacy Notice and the service-specific terms of use, which are incorporated into these Terms of Use.
Please be advised that the Platform is hosted in India. If you access the Platform from the European Union, United States, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Platform or Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.
17. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). If you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.
18. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Platform or as long as our content is protected by applicable intellectual property rights law, whichever is later. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR SUSPEND YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT NOTICE.
If we suspend your Membership Account for any reason, you are prohibited from registering and creating a new Membership Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to suspending your Membership Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. All benefits and privileges accrued to your Membership Account, including as set out in the moringa Rewards Program Terms and Conditions, shall lapse immediately upon such suspension.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
20. GOVERNING LAW
These Terms of Use and your use of the Platform are governed by and will be construed in accordance with the laws of India, without regard to its conflict of law principles.
21. DISPUTE RESOLUTION – ARBITRATION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use or in respect of the Platform, its contents or any dealings in respect of the Platform (each a “Dispute“) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Each Party shall nominate and appoint a competent arbitrator. The two nominee arbitrators shall jointly appoint the third arbitrator who shall be the chairman of the arbitration panel.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief.
Subject to this Clause 21, Disputes arising from or relating to this Platform shall be subject to the exclusive jurisdiction of courts at Mumbai, India.
22. DISCLAIMER
THE PLATFORM AND moringa PAY ARE PROVIDED ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM SERVICES OR moringa PAY WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM OR moringa PAY AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF moringa PAY AND THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM OR moringa PAY, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM OR moringa PAY, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM OR moringa PAY BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR moringa PAY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY / FACILITY PROVIDER THROUGH THE PLATFORM OR moringa PAY, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED HEREIN, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR moringa PAY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold moringa and Facility Providers harmless, including their respective subsidiaries, affiliates, and all their respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(i) your Contributions;
(ii) your use of the Platform or moringa Pay;
(iii) breach of these Terms of Use;
(iv) any breach of your representations and warranties set forth in these Terms of Use;
(v) your violation of the rights of a third party, including but not limited to intellectual property rights; or
(vi) any overt harmful act toward any other user of the Platform or moringa Pay or any of our employees, representatives or agents, in each case, with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM, SUBJECT TO APPLICABLE LAW.
26. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by or resulting from any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Platform.
You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
Subject to applicable law, you hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Except as otherwise expressly stated hereunder, a person who is not a party to these Terms of Use may not enforce any of the terms contained herein.
27. CONTACT US
In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at moringa@genbioca.com.
moringa REWARDS PROGRAM TERMS AND CONDITIONS
GenBioCa Sciences Private Limited (“we” or “us” or “GenBioCa Sciences”) is operating a rewards program (the “moringa Rewards Program”) through which members (the “moringa Members” or “you”) may earn points (the “moringaCoins”) on the basis of: (i) transactions with certain GenBioCa Sciences Group Entities (the “Participating Ventures”); and (ii) promotional and marketing campaigns conducted by moringa, in each case, on the terms and conditions set forth herein (the “moringa Rewards Program Terms and Conditions”). The moringa Rewards Program may also include a premium subscription program called moringaLoyal. The moringa Rewards Program supersedes and replaces any loyalty programs operated by the Participating Ventures (the “Legacy Loyalty Programs”).
By opening a moringa membership account (“Membership Account”) in accordance with the Terms of Use, or by using the Membership Account number you were assigned at the time of opening such Membership Account (“Membership Number”), you are entitled to receive and utilize benefits of the moringa Rewards Program, including, without limitation, moringaCoins. In this regard, you agree that:
· you have read and accept these moringa Rewards Program Terms and Conditions; and
· you have read and accept the Terms of Use which are incorporated by reference herein; and
· you consent to the collection, use, and disclosure of your personal data by moringa and Participating Ventures, and their authorized third-party agents and licensees in accordance with moringa’s Privacy Notice.
We reserve the right to make changes or modifications to these moringa Rewards Program Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these moringa Rewards Program Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these moringa Rewards Program Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised moringa Rewards Program Terms and Conditions by your continued participation in the moringa Rewards Program after the date such revised terms are posted.
1. Eligibility
1.1. Membership in the moringa Rewards Program is available to any individual who: (a) is at least 18 years of age; (b) possesses the legal authority and capacity to agree to the moringa Rewards Program Terms and Conditions, the Terms of Use of moringa and the Privacy Notice; (c) resides in a jurisdiction which legally permits participation in the moringa Rewards Program; (d) provides valid and accurate personal information when enrolling in the moringa Rewards Program; (e) is not already a member of the moringa Rewards Program (i.e., does not already have a Membership Account); and (f) has not previously been terminated from the moringa Rewards Program or from any of the Legacy Loyalty Programs.
1.2. moringa Members are responsible for reading and understanding the moringa Rewards Program Terms and Conditions, account statements, and other communications from moringa about the moringa Rewards Program in order to understand his/her rights, responsibilities, and status in the moringa Rewards Program.
1.3. moringa Members are responsible for reading moringa’s Privacy Notice in order to understand how moringa collects, uses, and discloses a moringa Member’s data.
1.4. Eligibility to Receive Benefits. By accepting any moringa Rewards Program benefits, amenities, offers, awards or services, including, without limitation, any moringaCoins, you acknowledge that you are responsible for determining whether you are eligible to receive, and that you are in fact eligible to receive, such moringa Rewards Program benefits, amenities, offers, rewards or services (including, without limitation, moringaCoins) under applicable laws, gift policies and incentive policies. The moringa Member must immediately notify moringa if he/she is not eligible to receive any moringa Rewards Program benefits, amenities, offers, awards or services at any time.
1.5. Eligibility Notification. A moringa Member must promptly notify moringa in the event that (i) he/she is not eligible for any reason, including, without limitation, pursuant to any applicable laws, gift policies or incentive policies, to earn or utilize moringaCoins or any other benefits that a Member may earn under the moringa Rewards Program, or (ii) his/her Membership Account has been credited with any moringaCoins or any other benefit that a Member may earn under the moringa Rewards Program that he/she has not earned or is not eligible to earn.
2. Participating Ventures
2.1. “Participating Ventures” are the businesses, ventures, forums and platforms who have entered into arrangements with moringa to offer certain benefits to moringa Members under the moringa Rewards Program, including through the issue of moringaCoins and the offering of the Benefit on certain specified tangible commodities, merchandise or products and/or services (“Products”, and purchase of such specified Products, the “moringa Rewards Program-Eligible Purchases”). For the purposes of the moringa Rewards Program Terms and Conditions, “Benefit” means the benefit offered by a Participating Venture to a moringa Member upon utilization of the moringaCoins by such moringa Member in the form of reduction in the aggregate value of the moringa Rewards Program-Eligible Purchases (including applicable taxes) made by such moringa Member. The Participating Ventures include but are not limited to only GenBioCa Sciences Private Limited.
2.2. moringa Members may be issued moringaCoins or avail the Benefit on moringa Rewards Program-Eligible Purchases made on the Participating Ventures’ website, mobile application, any brick-and-mortar store operated by such Participating Ventures, moringa and any other means by which the Participating Ventures sell or enable the sale of their Products (but does not include any third-party websites or merchants through which such Products may be sold, except sold through authorized third-party websites or merchants) (the “Sales Channels”).
It is clarified that no business, venture, forum or platform not specifically mentioned above will be considered a Participating Venture and moringa Members will not be issued, or allowed to avail the Benefit for transactions with such businesses, ventures, forums or platforms. moringa may, in its discretion, amend or modify the above list of Participating Ventures at any time, without prior notice.
3. Conditions of Enrolment
An individual may apply to enrol in the moringa Rewards Program by fully and accurately completing an application on moringa, at or through a Participating Venture’s Sales Channel, or through any other specified enrolment channels, as notified by moringa. moringa may deny membership in the moringa Rewards Program to any applicant in its discretion and without written notice or providing reasons therefor.
3.1. Individual Membership.
Only individuals are eligible for moringa Rewards Program membership, and each individual may maintain only one Membership Account. All Membership Accounts are individual Membership Accounts and no joint Membership Accounts are permitted. moringaCoins and other benefits under the moringa Rewards Program are non-transferable unless expressly stated otherwise. If more than one Membership Number is assigned to an individual for the moring Rewards Program, he/she will only receive moringaCoins for one Membership Account. Duplicate Membership Accounts may be terminated and any accrued benefits, including moringaCoins, may be rescinded at moringa’s discretion.
3.2. Personal Profile
3.2.1. Information provided by a Member will be maintained in a personal preference profile with the Membership Account, which can be viewed on moringa. All information provided by a Member in his/her personal profile must be valid and accurate and must be kept current.
3.2.2. A Member may update his/her information on the moringa mobile or web application, or by contacting customer support. In certain instances, changes may require supporting documentation.
3.3. Types of Membership
Upon enrolment in the moringa Rewards Program, moringa Members will be enrolled at a particular membership level or tier (“level”) in respect of each of the Participating Ventures, which shall be determined by each of the Participating Ventures. Any accrued tier qualifications in the Legacy Loyalty Programs shall be migrated to the moringa Rewards Program, such that the moringa Member’s tier membership under the relevant tier in the Legacy Loyalty Program shall continue under the moringa Rewards Program as a corresponding level, unless otherwise specified by the operator of the Legacy Loyalty Program. The accrued benefits (that are not in the nature of points) under the tiers of the Legacy Loyalty Program may continue under the corresponding level in the moringa Rewards Program. The various levels in respect of each of the Participating Ventures and the qualification criteria for each such level are set out in Annexure I. The level, the qualification criteria for such levels and the benefits available under such levels, may be amended at any time without any notice to you and you shall not have any rights against moringa or any of the Participating Ventures in this regard.
3.4. Membership Communications
3.4.1. moringa Members will receive communications in relation to the moringa Rewards Program on their registered mailing address, phone number and e-mail address. Members of the Legacy Loyalty Programs will no longer receive communications from such programs and will instead receive moringa Rewards Program-related communications. The moringa Member hereby issues his/her consent to be contacted over email and at his/her mobile number in this regard.
3.4.2. moringa Members will periodically receive balance reports in relation to their accrued moringaCoins by email, SMS, and as a notification in the moringa mobile or web application.
3.4.3. moringa may also send moringa Members promotions, offers and other communications from time to time. These promotions, offers and communications are based on the information provided to moringa by the moringaa Member and any additional data moringa may maintain as set out in the Privacy Notice.
3.4.4. The moringa Member may review his/her moringaCoins balance and transaction history through the moringa mobile or web application or by contacting us at moringa@genbioca.com. Access to such details will require the moringa Member to provide his/her Membership Number and the relevant password created at the time of Membership Account opening.
4. Earning moringaCoins
4.1. moringa Members may “earn” or be issued moringaCoins for: (i) moringa Rewards Program-Eligible Purchases at Participating Ventures’ Sales Channels; or (ii) in respect of certain promotional campaigns or other initiatives undertaken by moringa. The rates at which moringaCoins will be issued by moringa are set out in Annexure I, in accordance with the conditions set forth below:
4.1.1. moringaCoins and other benefits under the moringa Rewards Program may not be sold, bartered or transferred. Any attempted transfer, sale or barter will be void and will be confiscated. moringa and its affiliates (including the Participating Ventures) may refuse to honour or recognize any moringaCoins or benefits which moringa believes may have been transferred, sold or bartered, subject to the below:
4.1.1.1. Death. In the event of a moringa Member’s death, moringa may, in its sole discretion, allow unutilized moringaCoins from the deceased moringa Member’s Membership Account to be transferred to a family member or a friend who is an active moringa Member upon moringa’s receipt and review of all requested documentation and communications. It is clarified that the qualification of a moringa Member in a given level of a Participating Venture may not be transferred. Upon the completion of such transfer, the transferring Membership Account shall be terminated by moringa.
4.1.1.2. Duplicate Membership Accounts. In the event that an individual user has more than one Membership Account, moringa may allow moringaCoins and levels to be transferred from one Membership Account to another upon moringa’s receipt and review of any requested documentation evidencing such duplication of Membership Accounts. Upon the completion of such transfer, the Membership Account shall be terminated by moringa.
4.1.2. To request any permitted transfers in accordance with Clause 4.1.1 above, please contact us at our email address or phone number.
4.1.3. Any moringaCoins which moringa deems, in its discretion, to have been transferred in violation of the moringa Rewards Program Terms and Conditions, may be confiscated.
4.1.4. moringa shall notify the transactions that qualify as moringa Rewards Program-Eligible Purchases and the rate at which moringaCoins shall be issued to the moringa Member in respect of such moringa Rewards Program-Eligible Purchases.
4.1.5. In case the Benefit is availed on any moringa Rewards Program-Eligible Purchases, you may be eligible to earn moringaCoins only in respect of the amount that you have paid in cash or through a payment instrument, if any, for such moringa Rewards Program-Eligible Purchase after factoring in such Benefit.
4.1.6. The moringaCoins in respect of a moringa Rewards Program-Eligible Purchase with a Participating Venture will be notified to you immediately upon completion of the relevant transaction and credited to your Membership Account: (i) upon the expiry of the return period where the moringa Rewards Program-Eligible Purchase is in respect of any tangible commodity; (ii) upon the completion of the activity or (iii) immediately, where the moringa Rewards Program-Eligible Purchase is in respect of a service, subscription or software product. No moringaCoins shall be issued in respect of any Products that are returned to the Participating Venture. Where moringaCoins have been issued after the expiry of the return period and the moringa Member returns the relevant moringa Rewards Program-Eligible Purchase after such period, moringaCoins may be deducted from the moringa Member’s Membership Account, at moringa’s discretion.
4.1.7. Between the time that you complete a purchase transaction and the period specified in Clause 4.1.6 above, any moringaCoins that you are entitled to be issued after the completion of the period set out in Clause 4.1.6, shall be displayed as “Promised moringaCoins” on the moringa mobile application. It is clarified that such display of Promised moringaCoins does not constitute a legally binding obligation on moringa to issue the same number of moringaCoins to you after the time period set out in Clause 4.1.6.
4.1.8. If you make a moringa Rewards Program-Eligible Purchase with a Participating Venture and do not see your moringaCoins posted to your Membership Account upon the completion of the period specified in Clause 4.1.6 above, you may contact moringa through the customer service portal on the moringa mobile or application or through the other notified customer service channels. Where necessary, the Participating Venture may be required to validate that your transaction was in respect of a moringa Rewards Program-Eligible Purchase and, if valid, they will send the relevant information to moringa so that your moringaCoins can be properly credited.
4.1.9. The issue of moringaCoins is at the discretion of moringa and the moringa Member shall not have any legal recourse for any alleged incomplete credit or non-credit of moringaCoins.
4.1.10. It is hereby clarified that moringaCoins may only be earned or issued in accordance with the provisions of these moringa Rewards Program Terms and Conditions and that the moringaCoins may not be separately purchased for cash credit, or other value. It is further clarified that moringaCoins are not legal tender, a store of value, unit of account or a recognized method of payment. moringaCoins can only be used to avail the Benefit. The Benefit shall be availed on the maximum retail price of each Product forming part of a moringa Rewards Program Eligible Purchase or such other price at which such Product is being retailed, in each case, after including applicable taxes.
4.1.11. If the number of moringaCoins to be earned on a particular transaction is a fraction, such number shall be rounded up or down to the nearest integer and the moringa Member shall accordingly be issued moringaCoins.
4.1.12. Where the purchase value of a Product is a fraction, such number shall be rounded down to the nearest integer and a further one rupee shall be reduced from such number for calculating the number of moringaCoins to be deducted from the moringa Member’s account. The moringa Member shall pay, by way of cash, credit card, net banking or any other means, the balance amount.
For example, if the MRP of a product is Rs.200.75, 199 moringaCoins shall be utilized and the moringa Member shall be required to pay Rs.1.75 through any other means.
4.1.13. moringa Members will be personally liable for any and all costs, taxes, surcharges, fees, carrier charges, other charges, claims or liabilities of whatever nature that may be applicable as a result of availing the use of any benefits, facilities or arrangements that are provided or made available to a moringa Member, as a result of your membership in the moringa Rewards Program.
4.2. Lapse of moringaCoins.
4.2.1. moringa Members must remain active in the moringa Rewards Program to retain and utilize the moringaCoins they accumulate. If a Membership Account is inactive 365 days, the moringaCoins accrued to such Membership Account shall lapse. moringa Members can remain active in the moringa Rewards Program and retain accumulated moringaCoins by earning moringaCoins or utilizing moringaCoins through moringa Rewards Program-Eligible Purchases at least once every 365 days. Additionally, moringaCoins that are issued in respect of promotional campaigns or similar initiatives undertaken by moringa shall lapse after such period as notified by moringa at the time of issuance.
4.2.2. Once moringaCoins lapse, such moringaCoins cannot be reinstated, but a moringa Member can earn new moringaCoins, unless that moringa Member’s Membership Account has been suspended or terminated.
5. Utilizing moringaCoins
5.1. moringa Members may utilize moringaCoins received or earned under the moringa Rewards Program to avail the Benefit on moringa Rewards Program-Eligible Purchases.
5.2. Unless otherwise notified by moringa, each moringaCoin may be utilized to avail a Benefit equivalent to ₹1 on moringa Rewards Program-Eligible Purchases.
5.3. moringaCoins may not be exchanged or utilized by a moringa Member, either with a Participating Venture or with any individual, for cash, prizes, or credit.
6. moringaPass
6.1. As part of the moringa Rewards Program, moringa may offer a premium subscription program through which a bundle of services and benefits will be made available to moringa Members who subscribe to such plan (“moringaPass”), on the terms and conditions herein.
6.2. moringa shall notify the benefits and services available through moringaPass to the moringa Members from time to time. The determination of such benefits is at the discretion of moringa and may be subject to change at any time and for any reason or without reason.
6.3. moringa Members may subscribe to moringaPass through the Platform or such other channels as may be notified by moringa from time to time.
6.4. Fees
6.4.1. The membership fee for moringaPass shall be determined by moringa, in its sole discretion, for the different types of memberships offered. Any membership fees paid shall be non-refundable.
6.4.2. moringaPass and the benefits made available thereunder are subject to applicable tax laws. The membership fees notified by moringa are inclusive of applicable taxes, including but not limited to goods and services tax.
6.4.3. Your moringaPass membership will be renewed consecutively for such terms, monthly or annual as selected by you, (such renewal, “Auto Renewal”), if the payment method you have selected for making payments towards your moringaPass membership supports Auto Renewal. In cases where you select an eligible payment method, the payment of moringaPass membership fees will be on a recurring basis (such payments, “Recurring Payments”) and you authorize us to verify your payment method and collect the membership fee for the next membership term in accordance with applicable law, including any circulars or notifications issued by the Reserve Bank of India in this regard.
6.4.4. If Auto Renewal has been enabled, your moringaPass membership will renew automatically for a successive membership term, unless you expressly select to cancel or disable Auto Renewal or Recurring Payments prior to the commencement of the new membership term. To illustrate, once Auto Renewal has been enabled, monthly moringaPass memberships renew automatically on a monthly basis and annual moringaPass memberships renew automatically on an annual basis.
6.4.5. You may cancel or disable the Auto Renewal of your moringaPass membership either by contacting customer support or in the settings or preferences of your Membership Account.
6.4.6. You cannot use a credit or debit card issued outside India or a virtual card or virtual account set up by banks to pay for moringaPass membership fees. moringaPass membership will become effective upon successful authorization of payment or successfully enabling Recurring Payments for Auto Renewal of your membership.
6.4.7. When you purchase a subscription, you must provide us with complete and accurate payment and other information required by moringa. By submitting payment details you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to moringaPass. moringa reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties in the event of suspicion of fraud or other illegal activities. If you are entitled to a refund of the subscription fees, we will credit that refund to the card or other payment method you used to make the payment.
6.4.8. Published information in relation to moringaPass membership may be subject to technical glitches or other errors including but not limited to pricing, availability of benefits, etc. If we incorrectly or due to a technical glitch or error state a price to you, whether online or otherwise, we are not obliged to provide a moringaPass membership at that price, and we reserve the right to notify you of any pricing error discovered subsequently. In such an event, you may cancel your moringaPass membership or you may pay the difference amount for the correct price and continue your moringaPass membership. In the event that you do not choose either option, we reserve the right to terminate your moringaPass membership after providing an pro-rated refund of the membership fees paid by you.
6.4.9. In order to avail of the benefits under moringaPass, there may be additional costs involved, such as internet connection and telecommunication charges that may be applicable to you. Such costs shall be borne by you exclusively and we shall not be responsible or liable in any manner.
6.5. While moringa shall endeavour to process your subscription to moringaPass promptly, we do not guarantee that your moringaPass subscription or the specific benefits notified thereunder will be activated by any specified time. Further, moringa reserves the right to reject activation of membership in moringaPass to any moringa Member, including due to such moringa Member not complying with the conditions of eligibility under Section 1.
6.6. If you are an existing subscriber to any of the subscription plans offered as benefits under moringaPass, such subscription shall be integrated with the moringaPass membership and the term of such subscription plan shall be the term of your moringaPass membership.
6.7. The terms and conditions applicable to the moringa Rewards Program set out herein shall also govern your moringaPass membership, to the extent applicable.
7. Termination or Suspension of Membership Accounts/Benefits
7.1. Grounds for Suspension
7.1.1. Right to be forgotten. Where a moringa Member requests that their Membership Account be terminated and their Data (as defined in the Privacy Notice) be deleted by moringa pursuant to their exercise of their right to be forgotten under the Privacy Notice, all unutilized moringaCoins as well as any levels, along with their subscription to moringaPass, if applicable, will lapse immediately and may not be reinstated or transferred.
7.1.2. Termination or Suspension by moringa. moringa may suspend moringa Rewards Program benefits (including moringaPass membership), suspend any earned level, or terminate a moringa Member’s Membership Account at any time with immediate effect and without written notice, for any reason and in moringa’s discretion including, without limitation, if moringa reasonably believes the moringa Member has:
a. acted in a manner inconsistent with applicable laws, regulations, ordinances;
b. failed to pay any amounts due to moringa or a Participating Venture or failed to comply with the terms of use or other applicable policies of any of the Participating Ventures;
c. acted in an inappropriate, fraudulent, abusive or hostile manner;
d. breached or violated any of these moringa Rewards Program Terms and Conditions or the Terms of Use;
e. fraudulently claimed eligibility to earn benefits under the moringa Rewards Program; or
f. engaged in any misconduct or wrongdoing in connection with the Loyalty Program including, without limitation, with respect to moringaCoins or any other moringa Rewards Program benefits.
7.2. Effect of Membership Termination/Suspension
7.2.1. The moringa Rewards Program, moringaCoins, moringaPass and other related benefits and services are the sole property of moringa, and are not the property of moringa Members. On termination of a Membership Account for any reason, including pursuant to a request for deletion of a moringa Member’s Data under the Privacy Notice, in addition to the consequences set out in the Terms of Use, all unutilized moringaCoins and other benefits will lapse and a moring Member will no longer be able to participate in the moringa Rewards Program. moringaCoins and the benefits under the moringa Rewards Program have no cash value and moringa will not compensate or pay cash for any lapsed or unused moringaCoins.
7.2.2. If moringa terminates a moringa Member’s Membership Account for any reason, and any new Membership Account found to be opened in the moringa Member’s name and deemed by moringa in its discretion to be associated with such moringa Member, moringaCoins and benefits earned in that Membership Account will lapse upon discovery.
7.2.3. If a moringa Member terminates his/her Membership Account in accordance with Clause 7.1.1., the moringa Member may re-enrol for a Membership Account at a later date, but no moringaCoins and benefits previously lapsed (including any levels) will be reinstated to the Membership Account under the moringa Rewards Program will not be reinstated.
8. Termination of Program
moringa may terminate the moringa Rewards Program or moringaPass with six (6) months’ advance notice to all active moringa Members and subscribers, as applicable. moringa may choose to substitute a similar loyalty program for the moringa Rewards Program or moringaPass at any time immediately upon notice to active moringa Members. A moringa Member may not accumulate moringaCoins or claim moringa Rewards Program or moringaPass benefits or amenities after the termination of the moringa Rewards Program or moringaPass. If the moringa Rewards Program is terminated, all moringaCoins that remain unutilized at the conclusion of the notice period will lapse without any obligation or liability, and no claims for any accrued benefits will be honoured after the conclusion of the notice period. If moringa is required to suspend or terminate your subscription to moringaPass due to circumstances beyond its reasonable control, it will have no further obligation to you. moringa may terminate the moringa Rewards Program or moringaPass, in whole or in part, in any jurisdiction with less than six months’ notice if required to do so by applicable law.
9. Other Terms
9.1. Monitoring Membership Accounts
moringa reserves the right to monitor the Membership Accounts of all moringa Members, at any time and without notice, for compliance with the moringa Rewards Program Terms and Conditions. moringa may review all moringa Members’ moringaCoins, moringa Rewards Program-Eligible Purchases, and balances and transaction history including, without limitation, requests for benefits under the moringa Rewards Program or moringaPass.
9.2. Adjustments
A moringa Member may request credits for moringaCoins that are not reflected in a moringa Member’s Membership Account for a completed moringa Rewards Program-Eligible Purchase, through the moringa mobile or web application or by contacting the notified customer support channels. Such a request must be received within 365 days of the applicable moringa Rewards Program-Eligible Purchase to receive any credit. It is clarified that such credits shall only be for moringaCoins and not in the form of cash or any other credit.
9.3. Correction of Benefits
At any time and in moringa’s discretion (including, without limitation, where a moringa Member was not eligible to earn a specific benefit pursuant to these moringa Rewards Program Terms and Conditions), moringa may correct the amount of moringaCoins or any other benefits credited to a moringa Member’s Membership Account.
9.4. Modification of Program
Except as otherwise expressly prohibited or limited by applicable laws, moringa has the right to change, limit, modify or cancel the moring Rewards Program Terms and Conditions, moringaPass, moringaCoins and other benefits at any time, with or without notice, even though such changes may affect the value of moringaCoins or the ability to obtain certain benefits. levels and earn rates may also be varied from time to time and this may impact your expected benefits under the Loyalty Program. We may, among other things: (i) increase or decrease the number of moringaCoins received in respect of a moringa Rewards Program-Eligible Purchase; (ii) withdraw, limit, modify or cancel any benefits; (iii) restrict the continued availability of benefits; (iv) change program benefits offered by moringa, its affiliates and the Participating Ventures, conditions of participation, rules for earning, utilizing, retaining or lapse of moringaCoins, or rules governing the use of benefits. In earning moringaCoins, moringa Members may not rely upon the continued availability of any benefit or level and category.
moringa shall have the right to transfer, assign and sell in any manner, in whole or in part, the moringa Rewards Program (including moringaPass) to any third party of its choice, including pursuant to the disposal or change of control of the whole or any significant and substantial part of our assets, business or undertakings without any prior notice or consent of the moringa Members. You understand and agree that pursuant to such a transfer, assignment or sale, the new operator or owner of the moringa Rewards Program or moringaPass shall be entitled to modify the moringa Rewards Program Terms and Conditions (as set out above) and that you shall be governed by such modified moringa Rewards Program Terms and Conditions.
9.5. Exit of Participating Venture
If a Participating Venture exits the Loyalty Program for any reason, a moringa Member will not earn moringaCoins or other benefits for transactions at such Participating Venture, and any promotions and special offers will no longer be valid after the date on which the Participating Venture exits the moringa Rewards Program. moringaCoins issued on moringa Rewards Program-Eligible Purchases prior to the exit of such Participating Venture shall continue to remain to the moringa Member’s account and can be used to avail the Benefit on moringa Rewards Program-Eligible Purchases from Participating Ventures that have not exited.
9.6. No Warranties or Representations, Express or Implied.
moringa makes no warranties or representations, either express or implied, with respect to type, tax, quality, merchantability or fitness for purpose or otherwise of Products offered by Participating Ventures or benefits or services offered by Participating Ventures under moringaPass.
9.7. Not Responsible for Acts, Errors, or Omissions
moringa is not responsible for: (a) any loss or misdirection of, or delay in receiving, any moringa Member application, correspondence, utilization requests, or moringa Member benefits; (b) theft or unauthorized utilization of moringaCoins or use of benefits, including under moringaPass; (c) any acts or omissions of third parties (including, without limitation, Participating Ventures); or (d) any errors published in relation to the moringa Rewards Program (including moringaPass), including, without limitation, any pricing or typographical errors, errors of description, errors regarding Participating Ventures, and moringa Rewards Program affiliates, and errors in the crediting or debiting of moringaCoins from Membership Accounts. moringa reserves the right to correct, without notice, any errors.
9.8. No Conflict
These moringa Rewards Program Terms and Conditions are in addition to, and not in derogation of, the Terms of Use of the Platform set out above. The Terms of Use of the Platform shall continue to apply to all dealings of moringa Members with moringa.
9.9. Interpretation of moringa Rewards Program Terms and Conditions
Interpretation of these moringa Rewards Program Terms and Conditions are at moringa’s discretion, and moringa’s decisions will be final. In the event of any discrepancy between the English version and any translated version of these moringa Rewards Program Terms and Conditions, the English language version will govern.
9.10. Waiver
moringa’s waiver of any breach of these moringa Rewards Program Terms and Conditions by any moringa Member will not constitute a waiver of any other, prior or subsequent breach of these moringa Rewards Program Terms and Conditions. moringa’s failure to insist upon strict compliance with these moringa Rewards Program Terms and Conditions by any moringa Member will not be deemed a waiver of any rights or remedies moringa may have against that or any other moringa Member. moringa may waive compliance with these moringa Rewards Program Terms and Conditions and may run promotions from time to time that provide enhanced benefits to select moringa Members.
9.11. Limitation of Liability
IN NO EVENT WILL GENBIOCA SCIENCES PRIVATE LIMITED, moringa AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES, FRANCHISEES OR LICENSEES, ANY PARTICIPATING VENTURE, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE moringa REWARDS PROGRAM, THESE moringa REWARDS PROGRAM TERMS AND CONDITIONS, OR moringa’S OPERATION OF THE moringa REWARDS PROGRAM.
9.12. Dispute Resolution
To expedite resolution and control the cost of any dispute, controversy, or claim related to these moringa Rewards Program Terms and Conditions (each a “Dispute”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction in respect thereof. Each Party shall nominate and appoint a competent arbitrator. The two nominee arbitrators shall jointly appoint the third arbitrator who shall be the chairman of the arbitration panel.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these moringa Rewards Program Terms and Conditions.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief.
Subject to this Clause 9.12, Disputes arising from or relating to the moringa Rewards Program shall be subject to the exclusive jurisdiction of courts at Mumbai, India.
9.13. Applicable Law
Membership in the moringa Rewards Program and moringaPass and the earning and utilization of moringaCoins are subject to all applicable laws and regulations. Membership in the moringa Rewards Program and moringaPass, and moringa Rewards Program and moringaPass benefits are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the moringa Member’s jurisdiction of residence. If any part of these moringa Rewards Program Terms and Conditions is held to be unlawful or unenforceable, that part will be deemed deleted from these moringa Rewards Program Terms and Conditions in such jurisdiction and the remaining provisions will remain in force.
9.14. Legal Action.
Nothing contained in these moringa Rewards Program Terms and Conditions will limit moringa in the exercise of any legal or equitable rights or remedies.
ANNEXURE I
levels, Benefits, Earn Rates and lev Criteria for each Participating Venture
(A) Overview of levels and Earn Rates across Participating Ventures
Participating Venture levels and Earn Rates (for every Rs. 100 spend)
Direct Channels Indirect Channels
Bronze 2 1
Silver 4 2
Gold 6 3
Platinum 8 4
(B) levels and Benefits
Participating Venture level & Benefits
Bronze
– Direct channel discount – INR 10
– 24 hr priority access to sale
Silver
– Direct channel discount – INR 20
– 24 hr priority access to sale
– Voucher worth INR 50 off on next purchase
Gold
– Direct channel discount – INR 30
– 24 hr priority access to sale
– Voucher worth INR 100 off on next purchase
Platinum
– Direct channel discount – INR 40
– 24 hr priority access to sale
– Voucher worth INR 100 off on next purchase
(C) Level Criteria
a. To earn moringaCoins, the customer must be a moringa Member at the time of purchase.
Last updated on December 13, 2022