TERMS & CONDITIONS OF USE

These terms and conditions of use (“Terms and Conditions”) in relation to the mobile application “Use My Voucher” (“Mobile App”) between Use My Voucher Technologies Pvt. Ltd. (“Use My Voucher”) and You govern the terms on which Use My Voucher offers You access to the Mobile App and the Services provided therein.

In this Agreement, by “You,” we mean the purchaser, recipient or end user of the Mobile App on a standalone basis. “You” may also mean a person who has downloaded the Mobile App from an authorized application market or store, such as Apple’s App Store or Google Play.

Please read the Terms and Conditions carefully before clicking “I Accept” or downloading, installing, accessing or using the Mobile App or accessing any material, information or services through the Mobile App. By clicking “I Accept”, you accept all the Terms and Conditions herein and agree to be legally bound by the same.  If you select cancel or otherwise do not accept the Terms and Conditions of this Agreement you are not authorized and will not be permitted to access the Mobile App. Nevertheless, your download, installation and/or use of this Mobile App imply that you agree with the Terms and Conditions contained herein. By accepting this Terms and Conditions, you agree to be bound by the Privacy Policy, End User License Agreement as well as the Listing Policy provided by Use My Voucher.

“Use My Voucher” – the Mobile App

The “Use My Voucher” Mobile App is a mobile based downloadable software application owned by Use My Voucher Technologies and is a platform that facilitates the online sale and purchase of Vouchers of various brands like (“Voucher”) as well as facilitates communication for the purposes of advertising, distributing and trading in the same. You acknowledge that Use My Voucher has the right to change or discontinue any feature or service at any time, without prior notice. You further acknowledge that Use My Voucher reserves the sole right to add, alter or modify the procedures, modes, processes or conditions of purchase or trading at any time to adapt to changes that Use My Voucher may make to the services provided by it. You agree that Use My Voucher shall not be liable to you or to any third party for any modification, suspension or discontinuance of any aspect or feature of the services.

Eligibility to use the Mobile App

The services in relation to trading and purchasing of Vouchers online on the Mobile App are not available to minors not having completed the legal age of 18 years and/or users blacklisted by Use My Voucher for any reason whatsoever. By downloading, installing, accessing or using the Mobile App, you acknowledge and accept that you are in conformity with the eligibility provided herein.

Using the Mobile App

• You agree and accept that the Vouchers available on the virtual store may be in various denominations and You may receive either single or multiple Vouchers with smaller denominations adding up to the total face value of purchase order depending on stock availability.

• You understand and agree that under the trading portal of the Mobile App, Use My Voucher is not the seller of the Vouchers listed/posted by third parties and Use My Voucher shall in no manner be deemed to be the seller thereof since it is merely facilitating and providing a trading platform for the sellers and buyers. You likewise acknowledge that Use My Voucher neither endorses, markets or promotes any of the Voucher listings, postings or information, nor does it at any point in time come into possession of or engage in the distribution of any of the Vouchers listed for trading, by third parties.

• While interacting with other users on our site, with respect to any Voucher listing, posting or information Use My Voucher strongly encourages You to exercise reasonable diligence as You would in traditional offline mode of trading and practice judgment and common sense before committing to or completing the intended sale, purchase of any Vouchers. You, thus, agree to check all aspects of the Voucher including its validity and the stores at which it can redeemed despite being specified by user as Use My Voucher does not take guarantee for the same.

• You likewise accept that while all possible and reasonable verifications are made by Use My Voucher before permitting someone to trade their Vouchers on their platform, Use My Voucher does not owe any liability to You for the genuineness or usability of the Vouchers listed or posted by third parties.

• You also agree that while using the trading platform of the Mobile App for any listing, You will post in the appropriate category and you agree that your use of the Mobile App shall be strictly governed by this Terms & Conditions including the policy for listing of your Voucher which shall not violate the restrictions and prohibitions mentioned in the prohibited Listing Policy.

• You likewise undertake not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, collect or store data about other users in connection with the prohibited conduct and activities set forth herein, conduct or forward any surveys, contests, pyramid schemes or chain letters and/or use the Mobile App or any content therein for any purpose that is unlawful or prohibited by these Terms and Conditions or solicit the performance of any illegal activity prohibited under the laws of the Republic of India.

• You further specifically undertake that your listing/posting shall not be pertaining to the sale of any illegal, prohibited, counterfeit, stolen goods and/or services” under the laws of the Republic of India that may be in force and not violate any code of conduct or other guidelines as may be applicable to any particular goods/services.

• You also agree and accept that while trading or using the virtual store services, you are responsible for maintaining the confidentiality of your User ID, password, email address and for restricting any third party access to your computer, computer system, computer network and your Use My Voucher account, and you are responsible for all activities that occur under your User ID and password. You agree to (a) immediately notify Use My Voucher of any unauthorized use of your account information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Use My Voucher will not be liable for any mishap, theft or fraudulent incident taking place through Use My Voucher on this account.

• You likewise further agree that Use My Voucher is not obliged to grant access to all user and they reserve the right to refuse access to use the services offered by the Mobile App to new users or to terminate access granted to existing users at any time without according any reasons for doing so. You also acknowledge that You shall not have more than one active account in relation to the Mobile App and You are prohibited from selling, trading or otherwise transferring your account to another party.

• Lastly, You also understand and agree that You are solely responsible to Use My Voucher and to any third party in the event of any breach of your obligations under the Terms and Conditions and for the consequences thereof, including any loss or damage which Use My Voucher or any third party may suffer owing to such breach.

Abuse of the Mobile App

• You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the software of the Mobile App or in any way reproduce or circumvent the navigational structure or presentation, content or information of the Mobile App through any means not specifically made available through the Mobile App.

• You agree to inform us if you come across any listing or posting that is offensive or in violation of Use My Voucher’s Listing policy or infringes any intellectual property rights by contacting us at support@usemyVoucher.in to enable us to keep the Mobile App working efficiently and in a safe manner. Use My Voucher likewise reserves the right to take down any posting, listing or information and/or limit or terminate our services and further take all reasonable technical and legal steps to prevent the misuse of the Mobile App in keeping with the letter and spirit of this Terms & Conditions read with the Listing policy. In the event you encounter any problems with the use of our Mobile App or services you are requested to report the problem by contacting us at support@usemyVoucher.in .

Personal Information, Third Party Information and Use My Voucher’s proprietary Information

The Mobile App and the services provided therein contain content which includes Your Personal Information, information collected from third parties and/or Use My Voucher’s proprietary information. You agree to neither copy, modify, or distribute such content (other than Your Personal Information) nor use Use My Voucher’s intellectual property, including copyright and trademarks. You accept and agree that when you give us any content as part of Your Personal Information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Mobile App as well as on any of our affiliates or partners’ websites, publications and mobile platform. We need these rights with respect to the content in Your Personal Information in order to host and display your content on our trading or virtual store platform. If you believe that there is a violation, please notify us by contacting us at support@usemyVoucher.in .

Liability of Use My Voucher

You, in relation to the trading portal of the Mobile App, agree not to hold Use My Voucher or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content. You also understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, and information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any sale, purchase of goods and services with other users of the site. Further, you likewise acknowledge that Use My Voucher neither assures availability of stock shown on UMV listing nor are refunds and exchanges valid on this trading portal. Accordingly, to the extent legally permitted Use My Voucher excludes all implied warranties, of merchantability, fitness or quality of the Mobile App and our services therein.

In relation to the virtual store, You agree not to hold Use My Voucher or any of its officers, employees, agents responsible or accountable for any dispute pursuant to redeeming of the Voucher at the relevant store or any loss incurred owing to purchase for an amount lesser than the amount of the Voucher since the redemption of the Voucher is a one-time event. You likewise acknowledge and agree that Use My Voucher will not be responsible for any loss, theft or misuse owing to use of the Mobile App or any kind of system failure or technical glitch during a transaction therein. Use My Voucher similarly states that it does not guarantee delivery time mentioned, as the same may vary from 1 business working day to 7 business working days as well as that the deals and discounts mentioned herein are at the sole discretion of Use My Voucher and are subject to change without any prior notice.

However, Use My Voucher assures You the that they will offer 7 day money back policy on purchase of online Voucher from the virtual store as well as take guarantee for the said Voucher’s usage up to 30 days from the purchase date.

Payment

While availing any of the payment method/s offered by Use My Voucher, You understand and accept that we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

• lack of authorization for any transaction/s; or

• exceeding the preset limit mutually agreed by you and between your bank/s; or

• any payment issues arising out of the transaction; or

• decline of transaction for any other reason/s.

You likewise agree and accept that transaction of any Voucher/products will take minimum 1-2 working days to process and that Use My Voucher reserves the right to hold or cancel any transaction in case they find transaction to be suspicious.

Further, You also understand that all payments made against the purchases/services on the Mobile App by you shall be compulsorily in Indian Rupees acceptable by the Union of India and Use My Voucher does not accept any other form of currency with respect to the aforesaid purchases.

Indemnity

You undertake and agree to indemnify, defend and hold Use My Voucher, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand made by any third party due to or arising out of content submitted by You, or your use of the service, your violation of the Terms and Conditions, your breach or non-performance of any of the representations and warranties contained herein, or your violation of any rights of another user. Notwithstanding anything to the contrary, Use My Voucher’s entire liability to You under this Terms and Conditions or otherwise, if any, shall be the refund of the money charged from You for any specific Voucher or service, under the which the liability arises.

Termination

The Terms and Conditions continue to be in effect until terminated by Use My Voucher or You. You may terminate this agreement with Use My Voucher by

(i)not downloading, installing, accessing or using the Mobile App or accessing any material, information or services therein; or

(ii)closing your account/s created for any purpose of transaction on the Mobile App

Use My Voucher may likewise terminate this agreement or any portion thereof with You if you breach any of the provisions of the Terms and Conditions, the End User License Agreement or Listing Policy or any other terms, conditions or policies that may be applicable to You from time to time.

You agree and accept that all terminations shall be made in Use My Voucher’s sole discretion and that Use My Voucher shall not be liable to You or any third party for any termination of your account or your access to the Mobile App or services therein.

Governing Law & Jurisdiction

This Agreement will be governed by the laws of India. You agree that the courts located within Mumbai, India shall have jurisdiction and venue over all controversies or disputes in connection herewith.  If any part of this Agreement is found void and unenforceable, the balance of the Agreement shall remain valid and enforceable according to its terms. .