This Plusyou Terms of Service Agreement (the "Agreement" or "Terms of Service") is made between Flickstree Pvt. Ltd. running its business in the name of www.plusyouclub.com or ("Plusyouclub" "Plusyou," "+you" "we," "us," or "our") and you, our customer/visitor/viewer ("you" or "your"). This Agreement governs your use of www.Plusyouclub.com and our "PLUSYOU" online voucher trade and purchase facilitation services through our owned-and-operated websites and applications, (collectively, the "Services").
- Service Regulation
- Account Profile
- Term and Termination
- Limitation of Liability
- Disputes, Arbitration, and Choice of Law
- General Provisions
- Promotional Offers
By creating an account, exploring vouchers/Gift Cards, Products etc. making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, "you" means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
Service License:Subject to the terms hereof, we grant you access to our Services. This includes the right to:
- Use the Services offered by Plusyou i.e its Gift card/E-Voucher Trading services and facilitates which enables the user to purchase from a variety of branded Gift Vouchers/E Vouchers/Gift cards of affiliate partners from one portal i.e PlusyouClub.
Registration:You may create an account to use certain features we offer (e.g., Rewards, Promotional Events, Special Offers etc.). To do so, you must provide an email address and phone number. By creating an account, you agree to receive notices from Plusyou at this email address provided and further agree to any other policy, which may get applied.
Age Requirements:You must be at least 18 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. Individuals under the applicable age may use our Services only through a parent or legal guardian's account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians:By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Account Security:You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
Information such as name, telephone number, Email addressee and other information relating to transaction and identity of the customer is to be maintained as mandated under the provisions of the Prevention of Money Laundering Act, 2002, the rules notified thereunder and the Reserve Bank of India (RBI) guidelines on Anti Money Laundering and in view of the Policy Guidelines for issuance and operation of Prepaid Payment Instruments in India issued by RBI and other ancillary applicable law. The Company also undertakes to share such beneficiary details whenever requested by Reserve Bank of India/or any other regulatory authority; and
The RBI mandates to procure minimum details of beneficiary which shall necessarily include a mobile number verified with One Time Pin (OTP) and a self-declaration of name and unique identity / identification number of any ‘mandatory document’ or ‘officially valid document’ (OVD) listed in the Master Direction on KYC, as amended from time to time. Hence by agreeing to these Terms and Conditions you agree to provide minimum details along with self-declaration and an officially valid document (Aadhaar, Driving License, Passport etc.)
The customer shall indemnify, defend and hold harmless Pluyou from and against any and all third party liability, losses, costs and expenses (including reasonable attorneys fees) relating to or arising out of the breach of these terms and conditions, the negligence or willful misconduct by the Plusyou, or its employees or agents.
4. Service Regulations
The user/purchaser shall know that
- All Gift Vouchers/ Products/ E-voucher etc. shall be valid for a period as per the terms decided and set out by the respective brand owners;
- The Gift Vouchers can be redeemed on the websites and locations set out in the respective Gift Vouchers/ Products/ E-voucher terms and conditions;
- The Brand guidelines and other terms and conditions of the Gift Voucher if any, of the Gift Voucher issuing entity, that shall be adhered to. The Company shall ensure that the beneficiary of the Gift Voucher shall be made aware of the respective Gift Voucher terms and conditions at the time of distribution of a Gift Voucher/ Products to any beneficiary;
- If any, of the Gift Voucher issuing entity, that shall be adhered to. The Company shall ensure that the beneficiary of the Gift Voucher shall be made aware of the respective Gift Voucher terms and conditions at the time of distribution of a Gift Voucher/ Products to any beneficiary;
- The Customer is aware, understands and acknowledges that the Gift Vouchers cannot be exchanged for its value in cash, either in full or in part. The Company further acknowledges that the value stored/loaded in a Gift Voucher cannot be refunded or cannot be transferred in any manner whatsoever;
- Under no circumstances whatsoever, is the return of Gift Vouchers permitted under this Agreement once the same have been generated and delivered.
- Plusyou will issue on request or case-to-case basis "Bill of Supply" or "Invoice" for sale of Gift Vouchers, as Gift Vouchers are not subject to GST as per current tax law.
- Plusyou will raise the Tax invoice in case of Taxable services/products billed along with the supply of the Gift Vouchers
- You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
4.1 The Company shall hold the right to unilaterally cancel any order without any prior notice if the Company finds that:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for the same product at the same address, depending on the product category.
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
- Any order paced using a technological glitch/loophole.
5. Account Profile
You grant Plusyou permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. Plusyou shall have the right to identify public profiles in its marketing and investor materials.
5.1 Account Code of Conduct. In using our Services, you may not:
- Purchase any Vouchers from or for any Illegal Transactions
- Not use the services for Money Laundering or related activities
- Follow RBI Guidelines for making any voucher Purchases
- Miscellaneous activities conducted with the sole intention to cause loss to business/revenue
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute "spam" in any form or use misleading metadata;
- Collect personal information about others;
- Access another's account without permission;
- Engage in any unlawful activity;
- Any unauthorized access
You will indemnify, defend, and hold harmless Plusyou and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, arising from or relating to: allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
7. Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Plusyou may terminate this Agreement at any without providing any written notice, and users may terminate at any time by deleting their accounts.
If you breach this Agreement, Plusyou may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; If Plusyou deletes your account for breach, you may not re-register.
If You or Company terminates your use of the Platform or any Service, Company may delete any content or other materials relating to your use of the Service and will have no liability to you or any third party for doing so. However, Plusyou may preserve your transactions details for purposes of tax or regulatory compliance. On Termination any credits earned through loyalty or referral program, credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of Plusyouclub.
In the event of any termination or expiration, the following will survive (Indemnification), (Disclaimers), (Limitation of Liability (Disputes, Arbitration, and Choice of Law) and (General Provisions).
Plusyou provides the services on an "As is" and "As available" basis. You use the services at your own risk. You must provide your own device and Internet access.
Except as expressly set forth herein, and to the extent permitted by applicable law, Plusyou disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Among other things, Plusyou makes no representations or warranties:
That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
Concerning any content submitted by or actions of our users;
That any geo-filtering or digital rights management solution that we might offer will be effective;
That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
Concerning any third-party websites and resources.
9. Limitation of Liability
To the extent permitted by applicable law: (a) Plusyou shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of business, profits, goodwill, data, or other intangible losses, even if Plusyou has been advised of the possibility of such damages.
All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS
You agree, understand and acknowledge that Plusyouclub is an online platform that enables you to purchase a Gift Voucher listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Plusyou is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Plusyouclub.
10. Disputes, Arbitration, and Choice of Law
If you are dissatisfied with our Services for any reason, please contact us at email@example.com first, so that we can try to resolve your concerns without the need for outside assistance.
10.1 Dispute, Choice of Law and Jurisdiction
Any disputes relating to this Agreement or your use of our Services will be governed by the laws of India, without regard to principles of conflicts of law. The arbitration agreement set forth will be governed by the Indian Arbitration Act 1996.
All disputes, controversies, claims and differences arising out of or in relation to this Agreement, or any breach hereof, except those which cannot be settled through correspondence and mutual consultation of the Parties hereto, shall be finally settled by Arbitration to be conducted in accordance with the provisions of the Indian Arbitration and Reconciliation Act, 1996 or any statutory modification or re-enactment for the time being in force, the provisions whereof shall apply as far as possible.
This Agreement shall be governed and construed in accordance with the laws of India .The competent courts at Delhi, India shall have the sole and exclusive jurisdiction over any dispute that arises in relation to this Agreement. That the Company is vested with the right to nominate an appropriate Arbitrator for adjudicating disputes arising out of this Agreement.
11. General Provisions
Reservation of Rights, Severability, Force Majeure:Plusyou reserves all rights not expressly granted herein. Plusyou's rights and remedies are cumulative. No failure or delay by Plusyou in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. Plusyou will not be liable for any delay or failure caused by a force majeure event.
Intellectual Property Rights:All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is Copyright content of Plusyouclub. The logo visual interfaces, photographs, trademarks, logos, sounds, music and artwork with and on Vouchers or Products are intellectual property of the brand owner and User/Customer shall not use or refer to, or authorize the use of or reference to any names, logos, trade names or trademarks including without limitation, the names of any of the programming services of, or those of any of its associate companies in any manner. Neither Party shall exercise any rights in the trademarks, copyright or other intellectual property of the other Party, except as expressly stipulated herein. Content is solely for Your personal, non-commercial use.
Relationship:You and Plusyou are independent contractors of one another; neither party is an agent, partner, or joint venture of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by Plusyou or who is prohibited from registering; any such assignment will be void.
Delivery Related:User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Plusyou within 5 days from the alleged date of delivery of product reflecting on the Plusyou portal. Non-notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Plusyou disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the Plusyou portal.
Contact:At Plusyou, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact Plusyou about the seller, You may proceed to do so by writing to you on firstname.lastname@example.org
Third Parties:We may provide links to and integrations with websites operated by others. The website operator, not Plusyou, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement:This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of Plusyou. If you have a signed agreement with Plusyou, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
Addenda:This Agreement incorporates the following documents (and no others) by reference:
Notices:You must send any notices of a legal nature to us by email at email@example.com
12. Promotional Offers
Promotional Offers: The Company may from time to time introduce various promotional or marketing offers to be published on the website of the Company.
Any offers, redemption, cash back offers, schemes will be a for limited period and Company in its sole discretion reserves the right to add, alter, modify, change or vary all or any of these terms and conditions or to replace, wholly or in part, any offers, redemption, cash back offers, schemes by other offers, redemption, cash back offers, schemes, whether similar to the existing or not, or to withdraw it altogether at any point in time without providing any prior notification.
Company reserves the right to cancel/ change/modify/add/delete any of the terms and conditions of the offer at any time without prior notice to the users.
Company reserves the right to terminate the offer at any time without notice Company reserves the right to deny honoring the offer on the grounds of suspicion or abuse of the offer by any customer without providing the customer any explanation thereof. In no event shall Company be liable for any abuse or misuse any offers, redemption, cash back offers, schemes of the code due to the negligence of the customer
The users would be only eligible for any offers, redemption, cash back offers, schemes etc. on their second transaction only; after creating an account on the website in terms of the User T&C as mentioned above. No user shall be allowed to benefit from offers, redemption, cash back offers, schemes etc. in absence of account and KYC information. Participation in any offers,redemption, cash back offers, schemes etc. is voluntary. This offer is valid for Indian Resident customers only.
Reward Credits can only be used to purchase listed products, services or coupons on the Company's website more specifically only from the page on which the user is redirected after clicking on the "Redeem Now" option under the transaction history.
It is being brought to your notice that the Company neither provides any wallet services nor does it gives any credit/credits for the purchases made through the website. Company only as an introductory offer compensates a part of payment through its own resources and therefore endeavors to provide Users benefit in form of Cashback/discount etc. Hence the offers, redemption, cash back offers, schemes on each transaction cannot be clubbed with offers, redemption, cash back offers, schemes earned from separate transactions and can be used individually only.
The Company may at a point of time have more than one offer running on its website or App but it is clarified to avoid any confusion that Users cannot combine any offers, redemption, cash back offers, schemes offer with other offers, redemption, cash back offers, schemes.
That Company does not facilitate cash transactions and only accepts payments made via third party wallet payment gateways; Hence users are not allowed to take the benefit of offers, redemption, cash back offers and schemes on Cash on Delivery transactions.
It is pertinent to mention that any offers, redemption, cash back offers, schemes are only applicable on subsequent purchases made via Website and cannot be used through the website or the app for cash.
The users would not be allowed to claim any refunds/redemptions of coupons/offers offered through the website or the app for cash.
Any offers, redemption, cash back and schemes will automatically be credited to the User account on successful completion of the requisite transaction on which the offer applies. By participating in offers, redemption, cash back offers, schemes etc., the users shall be deemed to have accepted all the aforementioned terms and conditions and any tax liability arising out of the said offers, redemption, cash back offers, schemes etc. shall be borne by the User itself.
Company reserves the right to cancel/ change/modify/add/delete any of the terms and conditions of the offer at any time without prior notice to the users.
Company reserves the right to terminate the offer at any time without notice Company reserves the right to deny honoring the offer on the grounds of suspicion or abuse of the offer by any customer without providing the customer any explanation thereof.
In no event shall Company be liable for any abuse or misuse of the code due to the negligence of the customer
The offers, redemption, cash back offers, schemes or any monetary discount arising out of the same are not absolute or monetary in nature and hence any pending credits etc. users would not be liable for any interest thereupon. The Offer is subject to force majeure events.