Customer Agreement

 
AGREEMENT FOR ACCESS AND USE OF FREEDEEM WEBSITE/APP FOR BUYERS/CUSTOMERS
Welcome to Freedeem: A platform to help business grow along with benefit of customers.
This document is an electronic record under Information Technology Act, 2000 and its terms and conditions shall be intimated to the clients of FREEDEEM prior to entering into any transactions with them and clients shall be informed of all the terms and conditions of the FREEDEEM scheme and shall come into force only after clients of FREEDEEM give consent for using the website/app of FREEDEEM after reading and understanding the scheme of FREEDEEM by clicking “I AGREE” button.
THIS AGREMENT contains the terms and conditions for accessing the FREEDEEM website/app owned by Dsoft Innovations LLP and use the permitted activities authenticated by FREEDEEM. This website/app is only platform where the users i.e. buyers and business establishments registered with website/app owner shall meet and interact with one another for obtaining/providing discount / offers to attract new customers for mutual benefit. The entire scheme is elaboratively described in detail in the website/app of FREEDEEM.
FREEDEEM Website/app has very limited role in this business activity and is strictly limited of facilitator for smooth functioning of the scheme. FREEDEEM will assist the customers to obtain discount / offers and assist in redemptions of discount / offers issued by business establishments registered with the FREEDEEM website/app. The customer/buyer of business establishments can access this website/app platform for the services offered by FREEDEEM on buyer’s mobile or on buyer’s internet connected device. For accessing the site/or using the services of FREEDEEM the customer/buyer has to click, “I AGREE” to bind himself/herself by the terms and conditions of this agreement as listed below.
DEFINITIONS:
Agreement Means the terms and conditions (T&C) contained herein for using the website/app and terms and conditions of privacy policy issued from time to time by FREEDEEM website/app. All combined shall form part of this agreement even after they are amended, notated, supplemented, replaced, deleted and updated subsequently.
Website: Website means www.FREEDEEM.in in includes all on line platforms owned and operated by FREEDEEM for the facilitation of its services and for smooth functioning of its business.
App: App means FREEDEEM app published by Dsoft Innovations LLP on play store as well as App store which includes all on line platforms owned and operated by FREEDEEM for the facilitation of its services and for smooth functioning of its business.
Business Establishment: Means vendors/sellers who are registered with FREEDEEM website/app who offer various kinds of discounts / offers on sale of their product and services on the website/app.
Customer/Buyer: Means any person or legal entity competent to enter into contract as per Indian Contract Act, 1872 who accepts the offers of various kinds of discount/offer issued by registered business establishments on the website/app of FREEDEEM. Registration for customer/buyer on the website/app is optional.
User/You/Your: Means the customer/buyer accessing the website/app for availing the services of FREEDEEM as stipulated on the website/app owned and maintained by Dsoft Innovations LLP for availing the discount/offer made by the registered business establishments in the form of business discount/Offer as per their business policy.
Term We/us/our: Means FREEDEEM website/app owned by DSoft Innovations LLP.
Product and Services: Means goods or services sold/provided by the business establishments registered with FREEDEEM.
Loyalty Points: Means the Points earned by the registered customers/buyers as per stipulated terms of the scheme of FREEDEEM.
Coupon: Coupon Means discount/offers, offered by registered business establishments to buyers/customers.
Terms and Conditions for strict compliance by customers/buyers:
1. Customer/Buyer must be of 18 years of age or above and he/she must be of sound mind, is not disabled by any law in India from entering into this agreement and is capable to enter, perform the contract under Indian Contract Act, 1872.
2. If the customer is under the age of 18 he/she may utilize the services of site but he/she shall do so only with involvement/consent and guidance of his/her parents and/or legal guardians, under such parents/legal guardian’s registered account.
3. Customer/buyer has to provide the details like his/her mobile number, email account and date of birth before accessing the website/app
4. The customer/buyer shall have two options either to get himself/herself registered with by the website/app i.e. the business website/app of FREEDEEM or just walk-in (not registered category).
5. The customer registered with the website/app of FREEDEEM shall get the benefit of selecting his/her coupon of choice and store the same in My Coupons list.
6. The consumer/buyer shall not be eligible of any coupons if it is detected that he/she has withheld the payments or has indulged in unscrupulous activity, fraud or for bulk purchases made by him/her from the registered business establishment by him/her.
7. The customer/buyer shall use the coupons within the stipulated validity period mentioned on the coupon itself.
8. FREEDEEM has the right to terminate any future transactions including the benefit of loyalty points without any reasons, at his sole discretion without any liability on its part if strict compliance is not adhered to the terms and conditions of this agreement plus that of operating instructions/terms of FREEDEEM website/app.
9. Customer/buyer agrees that FREEDEEM has the right to modify/change all or any of the terms of this agreement at his discretion without giving any reasons or without any intimation whatsoever to customer/buyer.
10. Customer/buyer agrees and acknowledges that FREEDEEM is not involved in any sale and purchase of goods/products and hence cannot warranty/guaranty of the quality, quantity, price, deliverables etc. of the goods/services purchased by him/her from the registered business establishment.
11. Customer/buyer agrees and acknowledges that FREEDEEM is only a facilitator and is not a party and is not in control in any manner with regard to any business transactions between the Vendor/Seller and the Customer/Buyer inter se.
12. The customer/buyer has to select the products/services of his/her choice by paying for the same after fully satisfying himself/herself of purchased products/services.
13. Customer/buyer shall not raise any grievance or objection after purchasing the products from the registered business establishments with FREEDEEM as he/she has personally verified the products/services from the point of sale before entering into such purchase transaction.
14. The customer/buyer after making payment and after satisfying himself/herself of product/services shall access the website/app of FREEDEEM to avail the benefit of discount /offers made by registered business establishments on his/her mobile from FREEDEEM website/app. Customer/buyer shall select the coupons offered by registered business establishments as per their respective scheme. The customer can choose this discount/offers as per his/her requirement from the available options offered by the registered business establishments for the eligible amount within stipulated time/period permitted under the scheme of FREEDEEM.
15. The customer/buyer agrees and acknowledges that he/she has read all the terms and conditions of scheme of FREEDEEM website/app and has understood the same and has agreed to comply with the same without any demur the instructions issued by FREEDEEM and these instructions are mandatory in nature. Customer shall be bound by cent percent compliance of all the terms and conditions or operational instructions along with the terms of this agreement to avail the benefits offered under FREEDEEM website/app.
16. Customer/Buyer agrees that FREEDEEM shall not be liable for any damages or cost on account of any dispute occurring between customer/buyer and vendor/seller nor the FREEDEEM shall be responsible nor liable to mediate to resolve any disputes between buyers/vendors.
17. Customer/buyer agrees and undertakes that he/she is accepting the services available on this website/app of FEEEDEEM and is transacting on this website/app at his/her sole risk and he/she has to make his/her decisions for obtaining the coupons as per his/her discretion and best prudent judgment from the available options under the scheme.
18. Customer/buyer shall not hold FREEDEEM responsible for any interruptions or failure in communication line, server where the app/website is hosted or due to computer virus leading to destructions or alteration of any record in the functioning of FREEDEEM website/app.
19. Customer/buyer agrees and acknowledges that FREEDEEM shall not be responsible for any misbehavior or any tortuous behavior or negligence or any other action or omission by the registered business establishments.
20. Customer/buyer agrees and acknowledges that coupons chosen by him/her of the registered business establishments who has issued the same shall be strictly as per registered business establishment’s policy and as per terms and conditions stated on the coupons. No extra benefits not mentioned in the coupons shall be granted to the customer.
21. Customer/Buyer agrees and undertakes that FREEDEEM shall be authorized to give or utilize information gathered about him/her to third party or for its internal use without obtaining the necessary consent from the buyer/ customers.
22. Customer/Buyer agrees and undertakes that FREEDEEM has authority to change, alter, vary, delete, add any terms and conditions at any time after this agreement has come into force and customer shall not have any right to object to the same.
23. Customer/Buyer agrees and undertakes that he/she shall not purchase any product or services which are prohibited under any laws prevailing in India.
24. Customer/Buyer agrees and undertakes that he/she shall indemnify the FREEDEEM and its employees against any loss or damages suffered by him/her.
25. Customer/Buyer agrees and undertakes that FREEDEEM has right to terminate or suspend access to its website/app to the customers who are de-registered on account of default committed by them in honoring their obligations.
26. Customer/Buyer agrees and undertakes that FREEDEEM is under no liability to customer/buyer to provide loyalty points from its side if the conditions required for earning the loyalty points are not fulfilled by the customer.
27. Force Majeure: FREEDEEM shall have no liability towards the customer/byer in case of events happening of the nature of force majeure till the effect of Force Majeure incidents are over. No party shall be held responsible for failure if they are unable to perform their obligations due to effect of Force Majeure events like floods, natural disasters, war, act of terror, political unrest, technical snags, act of God and change of law or any occurrence beyond the reasonable control of the parties.
28. Customer/Buyer agrees and undertakes that not insistence on any conditions of this agreement shall not be treated as waiver of any of the rights of the FREEDEEM
29. Customer/Buyer agrees and undertakes that this agreement and other ancillary agreements which are part of this agreement and their terms and conditions shall be governed by the law of India and in case of any conflict or dispute arising in relation hereto between customer/buyer and FREEDEEM shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat (India).
30. Customer/Buyer agrees and undertakes that all transactions with regard to purchase of goods and services with registered business establishment and issuance and redeeming of coupons shall be in Indian rupees only.
31. Customer/Buyer agrees and undertakes that services of FREEDEEM under this website/app shall be available within the territory of India.
32. Customer/Buyer agrees and undertakes that FREEDEEM reserves its right to communicate with customer/buyer on his/her mobile via SMS, in app notifications etc. or through eMail and customer/buyer shall have no right to block FREEDEEM under any category including “do not disturb”.
33. Customer/Buyer agrees and undertakes that any typographical or any error in the issuance or redeeming coupons shall not vest any right in the customer for obtaining undue benefit of the offer from FREEDEEM and FREEDEEM shall have right to correct or recover the damage or loss caused to it on account of such errors.
34. Customer/Buyer agrees and undertakes that FREEDEEM shall not be liable for any claims on account of lack or deficiency of services, non fulfillment or unsatisfactory fulfillment on account of products and services purchased by the customer from the registered business establishment with the FREEDEEM website/app as he/she has purchased the same after satisfying himself/herself about product and services and customer is aware that FREEDEEM is not in the business of selling of product and services and only acting as facilitator in implementing discount/offer decisions.
35. FREEDEEM website/app shall be announcing additional benefits, schemes, information about arrival of new products, information about new brands promoted by registered business establishments from time to time using in app notifications, by displaying such information during the usage of app as well as by SMS from time to time. By accepting this agreement customer/buyer also agrees to receive such communication from FREEDEEM unconditionally. However, whether to act on such information or not shall be at the sole discretion of customer/ buyer.
36. As a part of promotion program FREEDEEM may offer coupons of registered business establishments from time to time in their Select Coupon or My Coupons folder, which can be redeemed by customers/buyers as per the terms and conditions mentioned in such coupons.
37. Customer/Buyer agrees and undertakes that he/she shall not hold FREEDEEM responsible for inability to use the products or services or for not redeeming the coupons issued by the registered business establishment with FREEDEEM website/app.
38. Customer/Buyer agrees and undertakes that he/she shall not hold FREEDEEM responsible for any infringement of intellectual property rights committed by registered business establishments in his transactions with customer/buyer.
39. Confidential Information: The customer/buyer shall not at any time divulge or allow to be divulged to any third person not connected with the FREEDEEM website/app any information which is confidential in nature. Unless the said information has come in public domain or it is strictly required for any legal proceedings. The customer/buyer shall be under obligation not to pass on any such information without the consent from FREEDEEM in writing to any third party not connected with business of FREEDEEM. The obligations under this clause shall survive even after the termination of this agreement.
40. Customer/buyer hereby agrees and acknowledges that for redemption of coupons from registered business establishments he/she is bound by the following terms:
a) He/she shall inform the business establishment before the purchase of product or services about his/her intention of redemption of coupons issued by the registered business establishment.
b) He/she shall provide his/her mobile number to seller/vendor at the time of purchase of product/services for enabling the Vendor to complete the necessary formalities to intimate FREEDEEM about customer’s eligibility of the amount of discount/offer and after that also to other business establishments at the time of redemption of the coupons issued by them to enable the redeeming registered business establishments to intimate the business transactions entered by them with the customer/buyer.
c) Customer shall use coupons for one use (once) and shall not be permitted to use in parts or installments.
d) Customer shall not club the benefit of discount under the scheme with any other offer while redeeming the coupons.
e) The customer shall use the coupons strictly within the validity period of coupons. In no circumstances validity period shall be extended.
f) Customer shall be entitled to get only those benefits which are mentioned on the coupons.
g) Customer shall strictly adhere to return policy if any, of the business establishments if same is mentioned on the coupons. In normal circumstances goods once sold shall not be returned.
h) Any dispute between Seller/Vendor and Customer/Buyer shall be resolved directly by themselves and FREEDEEM shall not interfere in this dispute nor shall be held liable for any loss or damages suffered by customer/vendor or registered business establishment in the purchase transactions entered by them inter se.
i) All applicable taxes including GST if any shall be borne/paid by the customer/buyers only.
41. Operating procedure for using FREEDEEM by customers/buyers:
a) Customer/Buyer can use the FREEDEEM website/app either by downloading the app in his/her mobile or by accessing the same through any internet connected device which supports the same.
b) Customer/buyer has to register with website/app using his/her mobile number to use FREEDEEM. One time password (OTP) shall be sent on his/her mobile number for validation of mobile number.
c) Once coupons are selected by customer /buyer, the same can be reviewed from “My Coupons” option of the app.
d) Customer/buyer can redeem all previously selected coupons only after completion of purchase with the registered business establishment and at the time of making payment of such purchase, provided he/she has informed such registered business establishment about his/her intention to redeem the coupon and the he/she possess a valid coupon based on all terms and conditions mentioned in such coupon.
e) Customer/buyer can also search for all registered business establishments near his/her location who are offering FREEDEEM coupons. However, for using this feature, he/she will have to allow FREEDEEM app to use location services.