These Terms of Use are between Unifynd Technologies Private Limited (“Company”), a private limited company located at Mumbai that inter-alia owns and controls the customer experience and loyalty platform ‘Nhance’ (“Nhance”, “Application” “We”, “Us”, “Our”) and you, a valued customer of Phoenix Marketcity, Chennai (“Mall”) and the end user of Nhance (“You”, “Your” or “Yourself”). These Terms of Use, any documents referred to hereunder and any rules applicable by any market place/ store including where the Application is listed (collectively, “Terms”) govern the services including but not limited to management, distribution and redemption of various coupons and offers, analyzing user data and behavioural preferences, provision of a customized loyalty program in accordance with the same and provide consumer engagement and feedback facilities (“Services”), provided to You by the Company through their website www.phoenixnhance.com, mobile application Nhance at Phoenix MarketCity Chennai or kiosks located at the Mall (“Kiosks”) (collectively, “Platforms”).
By accessing the Platforms and/or by clicking “I agree”, You agree to be bound by these Terms of Use and will be bound under the applicable laws and rules there under and the amended provisions of the same, by an electronic agreement constituting an electronic contract (“Agreement”), as per the provisions of the Information Technology Act, 2000, between You and the Company in relation to Your use of the Services provided by the various Platforms of the Company. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of the Platform accessible at www.phoenixnhance.com
Please read these Terms of Use and the Privacy Policy referenced to in clause 10 very carefully. By accessing or using the Platforms and/or making an account and/or uploading any data and/or accessing any Services offered on the Platforms, You represent that You have read the Terms of Use, Privacy Policy and agree to be bound by the same and all terms incorporated by reference. If You do not agree with all of the use requirements and restrictions described herein, You shall not use or be entitled to use and/or access the Platforms and/or any of our Services. By agreeing to these Terms of Use, You also agree to Our Privacy Policy and/or such other policies as may be established or introduced by the Company from time to time. If You do not wish to be bound by any of these Terms of Use or the Privacy Policy, You may not use the Application or the Services and any use of the Services in that regard would be considered as unauthorized.
You hereby represent and warrant that you are at least eighteen (18) years of age and/or otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the Terms stated herein. While individuals under the age of 18 may utilize the Services, they may do so only with the involvement of a parent or legal guardian, under such person´s account and otherwise subject to these Terms and agree to comply with all local rules regarding online conduct under all applicable laws regarding the transmission of technical data. If You do not agree with all of the use requirements and restrictions described herein, do not use and/or access the Platforms or Our Services.
This Agreement does not alter in any way the terms or conditions of any other agreement You may have with Company. By agreeing to these Terms of Use, You also agree to our Privacy Policy and/or such other policies as may be established or introduced by the Company from time to time.
The Services provided by the Company through the Application constitute a technology platform that enables You to search and navigate across the mall, parking availability, enable booking and payments ,handsfree baggage services and loyalty programmes that allow the Users to earn points, rewards and benefits and further store, on a permanent basis all such completed transactions for Your reference, anytime. The Services and the Application enable You to have the ease of accessing any past invoices uploaded by You, whether for informative and/or reference purposes.
Your access to, and use of, the Services is conditioned on Your compliance with these Terms of Use. By becoming a registered user and/or accessing and/or using the Services, the Platforms, or any portion of the Services or the Platforms, You agree to be bound by these Terms of Use and all applicable laws and regulations governing the Services. If You do not agree with these Terms, You are not authorized to access or use the Services for any purpose. Additional terms and conditions applicable to specific areas of the Platforms or to particular transactions, including Our Privacy Policy, are also posted in particular areas of the Platforms and, together with these general Terms of Use, govern Your use of those areas. If You do not agree with any of these additional terms and conditions, You are not authorized to access or use those areas of the Platform.
The Company reserves the right to change or modify any of the terms and conditions contained in this Agreement including any other policy incorporated herein by reference, at any time and in its sole discretion. Any changes or modification will be effective immediately and You waive any right You may have to receive specific notice of such changes or modifications. You are free to decide whether or not to accept the changed/modified version of this Agreement but accepting such a changed/modified Agreement is essential and required for You to continue using the Platforms. You may have to click “accept” or “agree” to show Your acceptance of any changes/modifications made to this Agreement. In the event that You are not required to expressly click any such “accept” or “agree” option, Your continued use of this Platform following the posting of changes or modifications will confirm Your acceptance of such changes or modifications. Therefore, You agree that You will periodically review this Agreement from time-to-time to understand the terms and conditions that apply to Your use of the Platform. If You do not agree to the terms of this Agreement or to any changed/amended/modified version of this Agreement, Your sole recourse is to terminate Your use of the Platform, in which case You will no longer have access to the Platform, including any account you might have created on the Platform(s) and any points, benefits and rewards that may be existing in Your account at the time of such termination, shall be considered to have been forfeited by You. Except as otherwise expressly stated, any use of the Platform is subject to the version of this Agreement in effect at the time of use.
In order to access the Services and the Application, You will be required to register Yourself on the Application. When you register Yourself on the Application, You are required to create an account (“Account”) by entering Your name, email address, password, phone numbers, and certain other information collected by Us (collectively “Account Information”), and is more specifically dealt with hereinafter.
You agree, acknowledge, confirm and undertake that You shall, at all times while using the Services and/or the Platforms, adhere to any and all prevalent rules, regulations and/or laws that are applicable to You on account of your activities on the Platforms. You further agree that the Account Information that You provide to Us, at all times, including during registration, and any invoices You upload to the Platform, will be true, accurate, current, and complete, and You shall, at all times, be solely responsible for the accuracy and/or completeness of the same. Your email address and any other information that You choose to provide about Yourself will be treated in accordance with Our Privacy Policy. You are further solely responsible for keeping Your Account Information and any other information and/or content provided by You to Us, up-to-date at all times. You may not transfer or share Your Account password with anyone, or create more than one valid and existing Account. You are responsible for maintaining the confidentiality of Your Account password and for all activities that occur under Your Account. The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and Your Account Information. In no event and under no circumstances shall We be held liable to You for any liabilities or damages resulting from or arising out of Your use of the Platform, Your use of the Account Information or Your release of the Account Information to a third party. You further agree and confirm that You shall not use any other user’s account at any time.
To access the Services and the Platforms, You will compulsorily be required to register Yourself on the Platform through a one-time registration process which shall be available to You on the website and the mobile application. You are required to provide certain information to Us, in order to complete Your registration on the Platform including, but not limited to:
You hereby expressly agree, confirm and undertake that the information provided by You to the Company including, but not limited to the information as mentioned hereinabove, shall be true and accurate in its entirety, to the best of Your knowledge. You acknowledge and confirm that the Company has no way of ascertaining and verifying the accuracy of the information provided by You and the Company is completely relying on Your representations made to the Company in this regard. Upon successful registration of Your account, You can proceed to scan the invoice and upload it to Your Account so as to enable You to receive points/rewards.
We may, with or without prior notice, suspend or terminate Your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of this Agreement or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. You may terminate Your account at any time as described in the Termination clause below.
The Users will be rewarded with phoenix points for any shopping/ consumption/ interaction on the platform as per the instructions as stated on the Application from time to time. It is clarified that the customer loyalty programme is subject to change and the Users agree that the system of allocating points and calculation of the same shall be decided by Us in our sole discretion and Users shall agree to such system.
It is clarified by Us that in the event that the invoice is destroyed and/or illegible before or upon scanning it, due to any reason including but not limited to any action/omission undertaken by You or mechanical and/or technical errors in the scanning machine, not You shall not be entitled to receive any points/rewards on the account of such destruction and/or illegibility. You further agree that coupons and rewards are applicable only during the validity period as explicitly stated along with every such coupon or reward and are subject to change as per the sole discretion of the coupon provider.
You understand and agree that the redemption value of the rewards accrued in Your account (“Redemption Value”) shall be decided by the third parties whose offers/coupons You wish to avail. Such Redemption Value may change from time to time subject to the third parties’ policies. You apprehend that third parties are not under Our control and thereby accept that We shall not be responsible for any change in their policies and a subsequent change in the Redemption Value. You acknowledge that We shall, in no circumstances, be liable to You for any undervaluation of the rewards or change in the Redemption Value offered by third party(ies) and agree that You shall not be entitled to any damages on account of the same. You also undertake that You shall not attempt to transfer the Rewards from Your Account to any other user’s Account and/or from any other user’s Account to Your Account. In the event that any such attempt is detected by Us, We may, with or without any notice to You, terminate Your Account and such termination shall result in Your forfeiture of the Rewards present in Your account.
You represent that You shall not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue; interfere with or disrupt the Application or any servers or networks connected to the Platform, or collect or store personal data about other users.
You agree that You will not engage in any of the following while using or accessing the Services:
Whilst the Company uses reasonable endeavors to correct any errors or omissions in the Application as soon as practicable once they have been brought to the Company’s attention, the Company makes no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the Services provided and the Platforms or any part or parts thereof, any Content, or any linked services or other external services. The Company does not warrant that Your use of the Application will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Application or any part or parts thereof, the Content, or the servers on which the Platforms operates are or will be free of viruses or other harmful components. The Company does not warrant that any transmission of Content and/or Content uploaded to the Platforms will be secure or that any elements of the Platform designed to prevent unauthorized access, sharing or downloading of any user’s information will be effective in any and all cases.
The Company and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement or merchantability of the Services provided through the Platforms of by third party(ies).
You represent and warrant that You will:
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You agree, undertake and confirm to cooperate with us in asserting any available defenses.
When You use the Services via the Platforms, the Company will collect certain personally identifiable information from You as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at [].
The Company reserves the right, in the event You breach the Terms stipulated herein, to suspend and/or terminate Your access to the Platform, with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating Your access to the Platform.
Without prejudice to the foregoing, the Company may also terminate or suspend (temporarily or permanently) all or a portion of Your account or access to the Services, with or without any reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include:
Once terminated or suspended (temporarily or permanently), You shall not be entitled to continue to use the Platform under the same Account, a different Account or re- register under a new Account and Your right to procure the Services on the Platform shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including, but not limited to, Your login and Account Information. Upon termination or suspension of these Terms of Use, the Company shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Your account from the Application and/or modification of Your ability to access the Services upon any breach by You of these Terms or if the Company is unable to verify or authenticate any information that You submit to the Company and/or the Platform, or if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for the Company to be able to provide/offer the Services on the Application to You. The right to terminate/ suspend the account is in addition to, and without prejudice to, the Company’s right to initiate action against You in accordance with applicable law.
Any suspension, termination, or cancellation will not affect Your obligations to the Company under the Terms which by their nature are intended to survive such suspension, termination, or cancellation. For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of clause 9 (Representation, Warranties, Undertakings and Indemnity), clause 12 (Ownership of Intellectual Property Rights), clause 15 (Disclaimer of Warranties), clause 16 (Limitation of Liability), and clause 17 (Applicable Law and Dispute Settlement) shall survive and remain in full force and effect, but the provisions of clause 13 (Your License to Use the Services) shall be suspended, terminated or cancelled, as the case may be.
Notwithstanding any such termination/suspension, the Company may, at its sole discretion, retain such information collected from You through the Platforms and/or the Services provided therein for as long as necessary, depending on the type of information, purposes, means and modes of usage of such information; and according to any other rules and/or applicable laws.
The Services, the Platform, and all information and/or content that you see, hear, or otherwise experience on the Platform (collectively, “Content”) are protected by the Indian and International copyright, trademark and other laws. We own or have the license to use all of the intellectual property rights relating to the Company, the Services, the Platform, and the Content including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happen to be registered. You will not acquire any intellectual property rights in the Company by Your use of the Services or the Platform.
For the sake of brevity, it is expressly clarified herein that any and all Content on the Platforms shall belong solely and exclusively to the Company. Copying any such protected Content from the Platform for any purpose, whether commercial or otherwise, shall be a violation of the Company’s intellectual property rights and the Company reserves all its rights and remedies in law in relation to such violation.
When You use Our Services or the Platforms, You may access intellectual property rights that We or Our licensors own or license. Subject to Your compliance with the terms and conditions of these Terms of Use, the Company grants You a limited, non- exclusive, non-transferable and revocable license, without the right to sub-license, to access and use the Services and to download and print any Content provided by the Company solely for Your personal purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in the Terms, without the Company’s express prior written consent. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Terms.
Occasionally there may be information on the Platforms or in the Services that contains typographical errors, inaccuracies or omissions that may relate to pricing, promotions, offers, and availability (“Errors”). We reserve the right to correct any such Errors and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. You agree and confirm that We shall not be held liable for any damages or losses that may arise due to such errors, inaccuracies and/or omissions.
The Platforms and any Content therein are provided "as is", and We do not represent or warrant that the Platforms will always be available, accessible, uninterrupted, timely, secure, accurate, complete, error-free or will operate without data loss, nor do We warrant any particular quality of the web site, software or services. We disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the Platforms and/or any part thereof or any Content whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any and all
The Company and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement and merchantability for a particular purpose.
The Company and/or its affiliates expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, timeliness and performance of the Services or that the Services will be error free or that any errors will be corrected. No advice or information provided to you by the Company will create any liability or warranty that is not expressly stated in these terms of service.
In no event will, the Company and/or its affiliates be liable to you and/or the third party(ies) for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of, or in connection with, Your use of the Services and/or the Platforms and/or the Content, whether the damages are foreseeable, and/or whether or not the Company has been advised of the possibility of such damages in advance. If you are dissatisfied with the Services and/or the Platforms and/or the Content, your sole and exclusive remedy is to discontinue using the Application.
Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to Your use of the Services and/or the Platform and/or the Content and/or Our relationship with You, must be brought within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.
We and/or Our affiliates shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, act of god, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to us or to you.
Without limiting the generality of the foregoing, We may provide and/or make available and/or otherwise reproduce third party content and/or part thereof on the Application and/or may provide links to web pages and content of third parties as part of the Services to those interested in such third party content. We do not monitor or have any control over any third party content or third party web sites. We do not endorse or adopt any third party content and make no guarantee whatsoever as to its accuracy, reliability or completeness. We do not represent or warrant the accuracy of any information contained therein, and we undertake no responsibility to update or review any third party content. You use such third party content contained therein solely and entirely at your own risk.
Any dispute, claim or controversy arising out of or relating to these Terms of Use, including the determination of the scope or applicability of this Agreement to arbitrate, or Your use of the Platform or the Services or information to which it gives access, shall be governed by and construed in accordance with the laws of India. You consent to the jurisdiction of the courts of Mumbai, for any and all disputes arising under or in connection with this Agreement.
Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Application (“Feedback”). You may submit Feedback by emailing us at support@phoenixnhance.com You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy, edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
