These ASPEN Direct Reward Points terms and conditions (“Reward Terms”) shall be applicable to the Buyers/Customers/Users as defined in the terms of use available on the Platform (“Terms of Use”) on the business to business e-commerce technology platform, i.e. website (www.aspendirect.in) and mobile application (collectively referred to as “Platform”), owned and operated by ASPENBLUE HORECA Private Limited (hereinafter referred to as “ASPEN Direct”). By accessing or participating in the rewards program/schemes (hereinafter referred to as ‘Spend & Save Program’), you agree to accept and be bound by the Reward Terms. By impliedly or expressly accepting these Reward Terms, you also accept and agree to be bound by any amendments, updates and modifications to the Reward Terms and the other policies, as maybe amended, updated and modified from time to time. Buyer/Customer/User agrees to be bound to any such changes or modifications and understand and accept the importance of regularly reviewing these Reward Terms. These Reward Terms will govern the usage and redemption of ASPEN Coins (as defined hereinafter) by the Buyer/Customer/User on the Platform. As a part of the Program, any additional terms aside from these Reward Terms will be communicated by ASPEN Direct to the Buyer/Customer/User(s), from time to time via the Platform.
These Reward Terms and additional terms (if any) shall be read in addition to the Terms of Use and privacy policy available on the Platform (“Privacy Policy”)to which you agreed while registering your account on the Platform. In respect to the Program, to the extent the Terms of Use are inconsistent with these Reward Terms and additional terms (if any); these Reward Terms and additional terms (if any) will prevail with respect to this Program only. Notwithstanding anything contained herein, ASPEN Direct shall have the right to remove/withdraw or alter/modify these Reward Terms from ASPEN Direct at any time at its sole discretion, without any prior notice.
1. Under this Program, ASPEN Direct may in its discretion extend certain loyalty points known as ‘ASPEN Coins’ to the Buyer/Customer/User(s) (hereinafter referred to as “ASPEN Coins”). Buyer/Customer/User(s) will become eligible to earn ASPEN Coins while transacting on the Platform, if such Buyer fulfils the eligibility criteria as set out under the Program from time to time. Such ASPEN coins shall be only delivered to the eligible Buyers/Customers/Users post expiry of the returns period as mentioned in the Terms of Use.
2. Each ASPEN Coin shall be equivalent to INR 1 provided however that ASPEN Direct reserves the right to further change the method of calculation at its sole discretion from time to time. Buyer/Customer/User can view the total ASPEN Coins earned by it under the ‘Rewards’ section on the Platform.
A. Term and Validity
· (i) ASPEN Coins earned by the Buyer/Customer/User shall be valid for a period of 365 days from the date of credit of such ASPEN Coins in Buyer's/Customer/User’s account on Platform or as communicated by ASPEN Direct to the Buyer/Customer/User or as per the conditions of the Program or as maybe displayed on the Platform from time to time. In case of any contradiction regarding the validity of the ASPEN Coins, between these Reward Terms or any Program, the validity lower of the Reward Terms and the Program shall prevail. No redemption will be allowed upon expiry of the validity period of the ASPEN Coins.
· (ii) ASPEN Coins cannot be extended and negotiated.
B. Eligibility
· (i) To become eligible to receive the benefits under the Program, the Buyer/Customer/User may be required to provide details, information, and documents, including without limitation, the Buyer/Customer/User(s) identification proof – Aadhar Card, PAN card etc., as may be requested by ASPEN Direct from time to time.
C. Redemption
· (i) Subject to compliance of the Terms of Use, Buyer can redeem ASPEN Coins while transacting on the Platform.
· (ii) ASPEN Coins extended by ASPEN Direct can be redeemed in the following manner:
o (a) Redeemed against the total transaction amount that is payable by the Buyer/Customer/User while making subsequent purchases on the Platform; or
o (b) As per the Program terms as may be communicated by ASPEN Direct from time to time.
· (iii) ASPEN Coins under these Reward Terms shall not be settled in cash. However, under exceptional circumstances, ASPEN Direct reserves the right to settle the ASPEN Coins in form of monetary payment (in INR) or otherwise for the amount lesser or equivalent to the value of the ASPEN coins at its sole discretion from time to time.
D. Confidentiality
· (i) Each party acknowledges and agrees that in connection with these Reward Terms, Buyer shall not disclose to any third party any Confidential Information of the ASPEN Direct that it may have access to during and in connection with its performance of services hereunder. “Confidential Information” means any and all information or data of a confidential nature, application, network configuration, documents, accounts, business plans, products, promotional and marketing plans and processes and/or any other information, in whole or in part, of ASPEN Direct. Buyer/Customer/User shall ensure that either Buyer/Customer/User or any of its employees shall not reverse engineer, decompile or disassemble any software or technology shared and disclosed by ASPEN Direct. The Buyer/Customer/User and/or any of its employees shall not use or disclose in any manner whatsoever the Confidential Information of ASPEN Direct, without obtaining prior written consent from ASPEN Direct.
E. Indemnity and Limitation of Liability
· (i) Buyer shall indemnify and keep indemnified ASPEN Direct and their officers, directors, employees, customers, and its affiliates harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which ASPEN Direct may incur or suffer as a result of (i) breach or alleged breach of the representations or obligations by the Buyer/Customer/User under the Reward Terms; (ii) any failure by the Buyer/Customer/User to comply with applicable laws; and/or (iii) any negligence, misrepresentation, or fraudulent activity by the Buyer/Customer/User.
· (ii) ASPEN Direct or its affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Buyer/Customer/User or any third party, in connection with this Program. Notwithstanding anything contained herein, ASPEN Direct aggregate liability for any claims or liability arising in connection or with respect to this Program shall not exceed an amount of INR 500/-.
F. Miscellaneous
· (i) ASPEN Direct’s employees, their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren), and our related parties as defined under the Companies Act, 2013, affiliates, group companies, advisors, advertising/marketing agencies are not eligible to participate in this Program.
· (ii) ASPEN Coins are non-transferable
· (iii) If ASPEN Direct becomes suspicious of any fraudulent activity or any misuse of the Program by the Buyer/Customer/User, then ASPEN Direct reserves its right to forfeit the ASPEN Coins extended to the Buyer/Customer/User, without giving any further notice in this regard. Additionally, ASPEN Direct reserves its right to terminate any Program for the Buyer/Customer/User with immediate effect without notice to the Buyer/Customer/User. Buyer/Customer/User consents that ASPEN Direct’s decision in this regard shall be final and binding on the Buyer/Customer/User and ASPEN Direct shall not entertain any claims that the Buyer/Customer/User may bring against ASPEN Direct for such termination or cancellation/ forfeiture of ASPEN Coins.
· (iv) Buyer/Customer/User undertakes and agrees that ASPEN Direct is not a party to and will not assume any responsibility for any disputes, chargebacks or reversals.
· (v) This Program is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, Pandemic, technical snags, act of God, change of laws or any circumstance beyond the reasonable control of ASPEN Direct (“Force Majeure Event”). ASPEN Direct shall not be liable for any delay or adverse effect caused to this Program thereunder as a result of a Force Majeure Event.
· (vi) This Program shall be subject to all applicable laws, rules and regulations which are in existence and which may be promulgated anytime by any statutory authority.
· (vii) Any communication, notice or request required or permitted to be given or made under these Reward Terms to ASPEN Direct or to the Buyer/Customer/User shall be given in writing.
· (viii) Buyer/Customer/User acknowledges and agrees to be bound by our Privacy Policy and Terms of Use. Buyer/Customer/User further agrees and accepts that ASPEN Direct may use its personal information or any personal information that may be provided by the Buyer/Customer/User under this Program or the purposes of providing benefits in accordance with the Privacy Policy. Buyer/Customer/User will immediately notify ASPEN Direct if it becomes aware of or suspects any unauthorized use or access to the user data and shall co-operate with ASPEN Direct in investigation of such breach and the mitigation of any damage.
· (ix) The invalidity or unenforceability of any provision shall not affect any other part of these Reward Terms.
· (x) The relationship between ASPEN Direct and the Buyer/Customer/User is one of independent contractors, and nothing contained in these Terms will be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (iii) allow you to create or assume any obligation on our behalf for any purpose whatsoever.
· (xi) Any purported transfer, assignment, or delegation without such prior written consent shall be null and void. ASPEN Direct may assign or transfer these Reward Terms for any reason to any person. Subject to the foregoing, these Reward Terms shall bind and inure to the benefit of each party’s successors and permitted assigns.
· (xii) These Terms shall be governed by the laws of India and courts of Mumbai shall have exclusive jurisdiction to try and entertain any claims arising thereto.