TERMS AND CONDITIONS OF "10% VALUE BACK" OFFER
Online payments have increasingly become popular. To facilitate the business for its stakeholders, STAR CJ Network India Private Limited ("SCN") wishes to offer a value back offer ("Offer") for online payments made on STAR CJ alive.
The Offer shall be governed by the following terms and conditions:
1. Definitions: In these Terms and Conditions, except where the context otherwise requires, the following words and phrases shall have the meaning ascribed to them hereunder:
a) "Business Day" means a day (other than a Saturday or Sunday or a holiday declared under the Negotiable Instruments Act, 1881) on which banks generally are open in Mumbai for a full range of banking business. b) "STAR CJ alive" shall mean the home shopping network run by SCN on various media, including television and Internet.
c) "Valid Transaction" means a purchase of product(s) during the Offer Period through Star CJ alive, where the payment is made using Credit Card (including through EMI), Debit Card, Online Bank Payment on the Website or through IVR at the Call Center and where the order is neither returned nor cancelled. d) "Offer Period" shall mean the period commencing from 20th June, 2011 till 20 July, 2011 both days inclusive. e) "Participant" shall mean a person who purchases a product through STAR CJ alive and who agrees to/ has availed the Offer. f) "Website" shall mean the website of SCN under the domain www.starcj.com. g) "Call Centre" shall mean a call centre operated for taking orders in respect of products purchased through STAR CJ alive. h) "SCN Gift Voucher" shall mean a gift voucher issued by SCN, redemption of which is subject to terms and conditions applicable thereto.
2. For incentivizing and promoting prepayments SCN proposes to offer 10% value back for all Valid Transactions during the Offer Period.
3. The Offer is not valid for payments made using COD (Cash on Delivery)/ DOD (Demand Draft on Delivery) mechanism.
4. The 10% value back will be in the form of SCN Gift Vouchers, redeemable against any next purchase through Star CJ alive. All SCN Gift Vouchers issued under this Offer shall be valid till 15th October, 2011. The SCN Gift Voucher code/s for these purposes will be e-mailed for each Valid Transaction within 10 Business Days after the delivery date. Only Participants registered on the Website and having a valid e-mail address will receive the SCN Gift Vouchers under this Offer.
5. For each Valid Transaction, Gift Vouchers equal to 10% of the payment made for Valid Transaction rounded off to the nearest Rs.100 would be issued. For example, in case of purchase of a product of Rs. 599/-, 1 SCN Gift Voucher of Rs.100/- will be issued.
6. SCN Gift Vouchers will be issued in the following denominations:
- Rs.100/-, redeemable on minimum purchase of Rs. 1,000/- or above on product(s) purchased through Star CJ alive;
- Rs. 200/-, redeemable on minimum purchase of Rs. 2,000/- or above on product(s) purchased through Star CJ alive;
- Rs.500, redeemable on minimum purchase of Rs. 5,000/- or above on product(s) purchased through Star CJ alive.
7. This Offer cannot be clubbed with any other offer/ promotion run by SCN.
8. In case the product(s) purchased under the Offer are returned/ order cancelled, SCN shall have the right to cancel any SCN Gift Vouchers offered to the Participant and demand back any benefit extended hereunder.
9. The Participant may opt not to avail the Offer. If the Participant does not want to be bound by the Terms and Conditions, his/ her sole remedy is not to avail the Offer. By availing the Offer, the Participant hereby expressly agrees to be bound by these Terms and Conditions and the Participant hereby give his/ her express consent to and authorize SCN to disclose their particulars to the third party service providers engaged by SCN for the purposes of this Offer.
10. At its discretion or in the event of circumstances arising beyond the control of SCN, which in its opinion, makes it necessary to suspend, substitute, change, extend or cancel the Offer, or to delete, alter, modify (in whole or in part) the Terms and Conditions, SCN reserves the right to do so at anytime without any prior notice and/ or assigning any reason and without any further obligation to anyone. SCN's decision in this regard shall be final and binding. Therefore, the Participant(s) are advised to regularly check for any amendment(s) or update(s) to the Terms and Conditions. These Terms and Conditions may be modified, added to, deleted or varied by SCN by way of posting on the Website, or in any other manner deemed suitable by SCN. The Participants agree to access the Website of SCN www.starcj.com at regular intervals of time to view these Terms and Conditions and to ensure that they are kept up-to-date with any changes or variations to these Terms and Conditions. The Participants agree that availing the Offer constitutes their acceptance of these Terms and Conditions (as modified and varied from time to time). These Terms and Conditions prevail over any provisions or representations contained in any brochure or other materials advertising the Offer. Terms & Conditions stated herein do not amount to any commitment or representation by SCN.
11. SCN reserves the right to cancel, terminate, extend or suspend the Offer or cut short the Offer Period with or without any prior notice. For the avoidance of doubt, cancellation, termination, extension or suspension by SCN of the Offer shall not entitle the Participants to any claim or compensation against SCN for any and all loss or damage suffered or incurred by the Participants as a direct or indirect result of the act of cancellation, termination or suspension.
12. All decisions of SCN regarding running the Offer and in all matters relating to the Offer shall be final and binding in all respects on all Participants and no further correspondence or attempt to dispute the Offer decisions and no appeals will be entertained in this regard.
14. Clearance of online payments is subject to the terms and conditions of Participant's Bankers. All disputes related to payment/ non-payment through online/ card/ IVR mode should be directed by the Participants to their Bankers and no liability/ obligation/ representation, express or implied, shall be accepted by SCN in this regard. The Purchase also agrees that SCN may share the information of the transactions done through STAR CJ alive with Participant's/ users Bank/ investigation agency/ person claiming misuse/ fraudulent use of payment mode. SCN may at its sole discretion cancel such orders and withdraw/ cancel any benefits extended thereunder.
15. SCN shall not be liable for: a) any SMS and/or Email delivery failures; b) any lost, late or misdirected computer transmission or network, electronic failures of any kind or any failure to receive/ retrieve entries owing to transmission failures or due to any technical reasons; c) other conditions beyond its reasonable control and d) any damage or loss (whether direct, indirect, or consequential loss arising from any personal injury or death, or loss or damage of property a Winner may suffer by participating in the Offer.
16. To the fullest extent permitted by law, in no event will SCN or any of its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that SCN may engage for purposes of the Offer), be liable for any loss or damages (including without limitation loss of income, profits or goodwill, indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the Offer, even if SCN has been advised of the possibility of such damages in advance, and all such damages are expressly excluded. The Participant shall indemnify, defend, and hold SCN, harmless from any third party claims arising from or related to his/her participation in the Offer. In no event shall SCN be liable to the Participant for acts or omissions arising out of or related to the Offer or participation in the Offer.
17. SCN shall not be liable for any delay/default in respect of the Offer or any obligations related thereto due to any Force Majeure Events including any act of God, war, riot, strike, lockout, industrial action, fire, flood, drought, storm, compliance with any statutory, legislative, executive, judicial or quasi-judicial orders/instructions/interventions or any event beyond the reasonable control of SCN.
18. By participating in the Offer, the Participant grants to SCN the right to publish his/ her name, likeness, photo, voice, text message for the purpose of Offer, Winner announcements or publicly displaying for any business Offer purposes and also each Participant expressly consents that he/ she may be called at his/ her mobile number by SCN at any time. SCN is also absolved of any third party claim on the intellectual property regarding the entry. SCN shall not be obligated to compensate the Participant in any way for such publicity.
19. The purchase of products by use of SCN's Gift Vouchers shall be governed by the corresponding terms & conditions governing the sale and purchase of products through STAR CJ alive. The redemption of Gift Vouchers shall be governed by the terms and conditions of the Gift Voucher provided on the Gift Voucher.
20. All communications/notices with regard to this Offer must be addressed to: "STAR CJ Network India Pvt. Ltd., 6th Floor, STAR CJ Plaza, D. B. Marg, Grant Road, Mumbai – 400007".
21. These Terms and Conditions shall be governed by and construed in accordance with the laws of India only. Any disputes arising out of or in connection with the Offer or Terms and Conditions shall be decided by arbitration conducted in English at Mumbai by a sole arbitrator who will be the Chief Executive Officer of SCN or any senior officer nominated by him. Subject to the above, the Parties shall be subject to the exclusive jurisdiction of the courts in Mumbai.