REDSKY LOYALTY PROGRAM

RedSky Loyalty Program

TERMS AND CONDITIONS

The terms and conditions govern the relationship between RedSky Technologies Private Limited (hereinafter referred to as “RedSky” or “REDSKY”), its Program partners (hereinafter referred to as “RedSky Loyalty Partners”) and the user or subscriber of the RedSky Loyalty Loyalty Program (loyalty program run by RedSky Technologies Private Limited and may be called, run and owned by REDSKY by any other name it may decide in future) (hereinafter referred to as “RedSky Loyalty” or the “Program”). The terms and conditions hereinbelow govern the nature, scope and include restrictions and exclusions on the liability of REDSKY, or RedSky Loyalty and RedSky Loyalty Partners (“Program Terms and Conditions”).

You confirm that you have read, understood and agree to be legally bound by these Program Terms and Conditions of Participation (“Program Terms”) and by any changes or modifications we may make after you join and become a Program member. You agree to review these Program Terms and the related policies and FAQs from time to time in order to understand the terms and conditions that apply to the Program as they may change periodically/frequently.

The RedSky Loyalty Member agrees that by sharing the mobile number and the One Time Password (“OTP”) with any RedSky Loyalty Partner, whether online or offline, he/she is deemed to have read and understood the terms and conditions of the Program and agrees to be contacted by the RedSky Loyalty customer service team or its telemarketer for the purpose of its promotional activities (SMS, Email, Social campaigns, etc.), its business and confirms that he/she is bound by Program Terms and any changes to it from time to time and such other terms as specified from RedSky Loyalty from time to time.

Your sharing of the OTP is deemed as an express consent to be enrolled in the RedSky Loyalty Loyalty Program and acceptance of Program Terms mentioned herein, particularly in relation to personal data shared herein. RedSky Loyalty values the privacy of its users/subscribers and shall use and protect the personal data shared for the purpose of RedSky Loyalty.

In the event, at any time, you do not agree to any of the Terms and Conditions, you may terminate the membership by placing a request to the Program by contacting us at support@rdskytech.com. This shall be deemed as withdrawal of your consent and enrolment from the Program.

DEFINITIONS

In the Program Terms, unless the context specifies otherwise:

a) “Program” means the RedSky Loyalty multi partner loyalty program, managed and operated by REDSKY offering benefits, offers or discounts to RedSky Loyalty Members by reason of their membership into RedSky Loyalty program, whereby RedSky Loyalty points are accumulated on every Earn Activity made by RedSky Loyalty Members within RedSky Loyalty network and such RedSky Loyalty points may be used by the RedSky Loyalty Member for redemption of RedSky Loyalty Points through the subsequent Earn Activity made at RedSky Loyalty Partners.

b) “Redemption” means any activity, which results in exchange of RedSky Loyalty Points by a RedSky Loyalty Member for products with RedSky Loyalty Partners under the Program.

c) “RedSky Loyalty Membership Account” means a unique account created for every RedSky Loyalty member after his enrolment into the Program.

d) “RedSky Loyalty Member(s)” means a RedSky Loyalty customer, who is enrolled as a member of RedSky Loyalty holding a valid RedSky Loyalty membership account and number.

e) “RedSky Loyalty Number” means a 10-digit mobile number provided by RedSky Loyalty member during the time of enrollment or afterwards for registration or linking of his RedSky Loyalty Membership Account for accrual and / or redemption of RedSky Loyalty points. Any RedSky Loyalty points earned by the member would accumulate in the RedSky Loyalty Membership Account. The RedSky Loyalty Account and RedSky Loyalty Membership corresponds to the registered mobile number and loss of access to the registered mobile number may result in loss of access to the RedSky Loyalty Account and Membership, which the RedSky Loyalty Member will be solely responsible for and RedSky Loyalty shall not be held liable any loss arising out of the same.

f) “RedSky Loyalty Partner” means any or all the present or future entities, partners, shops, departmental stores, and other participating establishments in the program whether with online or offline presence, in agreement with REDSKY, where members can accumulate and/or redeem RedSky Loyalty points for various earn activities run under the Program, including but not limited to purchase at RedSky Loyalty Partner outlets of products of REDSKY or any RedSky Loyalty Partner brands listed. The List of RedSky Loyalty Partners and the earning activities with respect to the same would be made available at the RedSky Loyalty Platform. The RedSky Loyalty Partners may include but not be limited to

(i) Outlets (both offline and online) participating in the Program and communicated on the RedSky Loyalty Platform from where consumers/members can purchase products to earn points under the Program; and

(ii) RedSky Loyalty Partner Brands who enlist their products and promotional schemes for earning activities under the Program.

g) “RedSky Loyalty Point(s)” refer to points earned by RedSky Loyalty Members as part of the Program. RedSky Loyalty Members are awarded RedSky Loyalty Points for earn activities carried out by the RedSky Loyalty Member under the Program.

h) “RedSky Loyalty Platform” refers to a website or mobile application or other platform developed for RedSky Loyalty Members or RedSky Loyalty Partners for accessing the RedSky Loyalty Membership Account and ongoing offers and promotional activities under the Program.

2. REDSKY LOYALTY PROGRAM

a) RedSky Loyalty Program is a loyalty program whereby members would be eligible for various promotional schemes, offers and rewards under various promotional activities conducted and communicated under the Program. A member can earn loyalty points on purchase of REDSKY products and products of RedSky Loyalty Partner products (as and when enlisted and communicated on the RedSky Loyalty Platform) at RedSky Loyalty Partner outlets.

b) Under RedSky Loyalty, REDSKY and RedSky Loyalty Partners aim to provide a better shopper experience to its consumers and resellers. RedSky Loyalty attempts to do so by presenting a platform to REDSKY and any RedSky Loyalty Partner to understand its consumer purchase habits, trends, etc. to run promotional activities and offer customised promotions and also loyalty rewards for purchases, etc., thus rewarding the members of the Program.

c) You can view the details of the RedSky Loyalty Partners, available reward schemes, earning activities, offers on products, etc. on the RedSky Loyalty Platform, which may be updated from time to time.

3. ELIGIBILITY TO THE PROGRAM

a) Any individual must have completed minimum 18 years of age and should be a resident of India.

b) By enrolling into the Program, you represent and warrant that you attained majority in age and have the legal capacity to enter into the Agreement. Further, you represent and warrant your submitted identity, age or any personal details under the Program and shall be solely responsible for the same.

c) Every RedSky Loyalty member acknowledges, represents and warrants that he is the sole and exclusive owner of his RedSky Loyalty Membership account and the only authorized user of his RedSky Loyalty account’s credentials. RedSky Loyalty member also accepts the sole responsibility to keep his RedSky Loyalty number; password, account details confidential. Member is solely responsible for all the orders placed and other activities in the account (like profile changes, address change, etc.)

d) REDSKY shall reserve the right to issue the RedSky Loyalty Membership Account only to those individuals, including consumers of RedSky Loyalty Partner, who fulfil RedSky Loyalty program’s eligibility criteria and fulfil / comply with the requirements as may be prescribed by the Program.

e) REDSKY shall be free to change these eligibility requirements at any time, and reserves the right to refuse membership to any applicant for any reason, at its sole discretion.

f) You will indemnify and hold harmless REDSKY and/or RedSky Loyalty and/or RedSky Loyalty Partners and the SMS/e-mail/telemarketing service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which RedSky Loyalty or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse of the Program by you or improper or fraudulent information provided by you; (ii) incorrect number or a number that belongs to an unrelated third party provided by you and/or; (iii) misrepresentation of warranties.

4. ENROLMENT IN THE PROGRAM

a) Prospective RedSky Loyalty Members can enroll into the Program through offline and online mode as below:

(i) Offline at selected RedSky Loyalty Partner outlets.

(ii) Any other mobile or online platform provided under the Program.

Offline Enrollment at Partner Outlets

When enrolling offline through an outlet, the outlet will seek your consent to enroll into the program and provide the necessary details. The RedSky Loyalty Partner outlet would request you for your mobile number as a Registration Information (defined below) to enroll into the Program. You shall thereafter receive an OTP number along with the link of our Terms and Privacy Policy, which would be required to provide to the RedSky Loyalty Partner outlet after reading the Program Terms and Privacy Policy, as a confirmation to join the Program.

Online Enrollment through Website and Mobile Application

You may also enrol into the RedSky Loyalty Program through its online platform and/or mobile application as and when made available by the Program, after providing the mandatory Registration Information and completing the process thereunder. You would thereafter receive an OTP which needs to be provided to confirm the acceptance of the Program Terms and Policy for the enrollment.

b) RedSky Loyalty is linked to the mobile number of any Telecom Service Providers operating within the jurisdiction India only.

c) When you accept to enroll, we will ask you for certain personal information, such as your phone number, name, address, date of birth, e-mail address, etc. (your “Registration Information”).

d) We may also ask you to establish a “PIN/PASSWORD” (a unique security code that you will need to use Points in some instances) and, where applicable, a username and password for online account access.

e) You represent that all Registration Information provided by you during enrolment and during membership in furtherance of the Program is true and accurate. You agree to update your Registration Information, as necessary to maintain its truth and accuracy. You are solely responsible for all activities related to your RedSky Loyalty account and for maintaining the confidentiality of your username, password, and PIN.

f) Only one RedSky Loyalty Membership Account may be associated with a single Member, Mobile Number or email address.

5. EARNING OF REDSKY LOYALTY POINTS

a) A RedSky Loyalty member can earn RedSky Loyalty Points through various activities communicated on the RedSky Loyalty Platform, from time to time, including but not limited to purchase of REDSKY or RedSky Loyalty Partner products/services. The earning activities shall be communicated and updated on the RedSky Loyalty platform from time to time.

b) Currently, earning of points through purchase of products are currently advertised for earning points at RedSky Loyalty Partner stores. However, this may be extended as and when RedSky Loyalty Partner brands join the Program and enlist their products for earning activities. The same will be updated in the RedSky Loyalty Platform.

c) In addition to earning points on purchase of products, you may also earn points for other activities which will be communicated on the RedSky Loyalty Platform. To earn points, you must be a Program member and be logged into your Program account before completing the actions under the earning activities.

d) The number of points, if any, awarded for each earning activity is determined by REDSKY at its sole discretion and is subject to change.

e) To earn RedSky Loyalty Points, a RedSky Loyalty Member must present his/her RedSky Loyalty Number for the Earn Activity. If a RedSky Loyalty Member fails to present the mobile number when visiting, the applicable RedSky Loyalty points may not be earned by the RedSky Loyalty Member and in such instance RedSky Loyalty or the RedSky Loyalty Partner shall not be responsible.

f) Details of all RedSky Loyalty Points including the ongoing accruals and/or earning activities will be available to the RedSky Loyalty Members through RedSky Loyalty Platform or communicated through any other means of communication as decided from time to time by RedSky Loyalty/REDSKY.

g) The earning activities, promotional activities may have their separate terms and conditions which shall be applicable to the RedSky Loyalty Member and such specific terms and conditions shall override the terms and conditions herein.

h) RedSky Loyalty Partners may change any of the terms and conditions of their business at any time without notice to the RedSky Loyalty Member. RedSky Loyalty is not responsible for informing RedSky Loyalty Members of any such changes. RedSky Loyalty has no liability for the acts and omissions of the RedSky Loyalty Partners.

i) RedSky Loyalty Points are accrued in whole and not in fractions.

j) RedSky Loyalty Points accrued through transactions shall be credited to RedSky Loyalty Member ‘s account within 1 working day.

k) RedSky Loyalty Point’s will not be credited back in the RedSky Loyalty Membership Account in case the RedSky Loyalty Member decides to return the goods or it is established that it was acquired by fraudulent means, including but not limited to the use computer applications and programming, bots, automation, etc.

l) RedSky Loyalty Points are valid for a period of 01 years from the date of transaction within the RedSky Loyalty Network. RedSky Loyalty Points shall expire after a time determined by RedSky Loyalty and the RedSky Loyalty Member shall not be entitled to redeem any of such lapsed RedSky Loyalty Points.

m) Grievances on RedSky Loyalty Points crediting to Member’s account from any transaction shall be entertained only within 30 working days from the date of the transaction. The RedSky Loyalty Member must provide proof of transaction as required by REDSKY to register any RedSky Loyalty Point dispute.

6. TRANSFER OF REDSKY LOYALTY POINTS AND ASSIGNMENTS

a) The RedSky Loyalty points or any other aspect of your RedSky Loyalty Membership Account or any of your rights or obligations under these Terms cannot be sold, assigned, credited or transferred to any other individual or RedSky Loyalty Member.

b) We may sell, transfer, or assign the RedSky Loyalty Program, Program Terms or your RedSky Loyalty Membership Account, in whole or in part, at any time, without notice to you and such assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to whom we assign the RedSky Loyalty Program and we will be abrogated from any responsibilities or obligations thereafter.

7. REDEMPTION OF REDSKY LOYALTY POINTS

a) Every RedSky Loyalty Point shall be equivalent to Re. 1. RedSky Loyalty Points cannot be exchanged or redeemed for cash.

b) The RedSky Loyalty Points accumulated by any Member under their RedSky Loyalty Membership Account can be redeemed currently against purchase of REDSKY products only. However, this may be extended as and when RedSky Loyalty Partners join the Program and enlist their products for earning activities. The same will be updated in the RedSky Loyalty Platform.

c) RedSky Loyalty Points can be redeemed at the RedSky Loyalty Partners outlets (online/offline), subject to the RedSky Loyalty Member providing the required credentials (i.e. RedSky Loyalty Member information, OTP and any other relevant information seeked during redemption.)

d) On receipt of the RedSky Loyalty Points redemption request by visiting selected online and offline RedSky Loyalty Partner Outlets, the specified number of RedSky Loyalty Points will automatically be deducted from the accumulated RedSky Loyalty Points of the RedSky Loyalty Members account.

e) All requests issued for RedSky Loyalty Points redemption are subject to any statutory regulations, rules and restrictions, if any and the RedSky Loyalty Member agrees to abide by such statutory regulations, rules and restrictions.

f) For the purpose of redemption, the RedSky Loyalty Member will directly enter a sale and purchase relationship with the concerned RedSky Loyalty Partner. REDSKY/RedSky Loyalty only facilitates redemption of RedSky Loyalty points.

8. REVERSAL AND REFUND POLICY

a) In the event of the product return, any RedSky Loyalty Points accrued or earned through such purchase shall be reversed and deducted from the RedSky Loyalty Account of the Member.

b) Refund Request in the case of misuse or refund on account of products returned

c) Refund shall be subject to RedSky Loyalty Member complying with Policies.

d) Refunds for any cancelled / returned orders would be processed within 7 working days.

9. GENERAL CONDITIONS

a) Your enrolment into the RedSky Loyalty Program signifies your voluntary consent.

b) RedSky Loyalty reserves the right to modify the terms and conditions and such changes shall come into immediate effect upon publishing the modified Terms and Conditions on the RedSky Loyalty Platform. Members’ continued usage of the RedSky Loyalty Membership Account following the posting of changes on the RedSky Loyalty Platform will indicate their acceptance of amended Terms and Conditions.

c) RedSky Loyalty membership is valid for lifetime of the RedSky Loyalty Member unless terminated in accordance with Program Terms.

d) RedSky Loyalty Members understand and agree that they will be personally liable for any and all costs, claims, taxes, charges or liabilities of whatsoever nature, if any, arising from the provision or availability of services, benefits, discounts, points, etc. made available as a result of his/her membership in the Program.

e) The RedSky Loyalty membership account at all times remains the property of REDSKY, which reserves the right at all times, in its absolute and sole discretion and without giving any reason or notice to such member about the deactivation of the RedSky Loyalty Membership.

f) REDSKY will endeavour to ensure that the benefits, offers or discounts as expressed or advertised by the RedSky Loyalty Partners will be available to the RedSky Loyalty Members. However, REDSKY will not be liable for any loss or damage, whether direct or indirect, arising from the provision or non-provision whether whole or part, of any such benefits, offers, discounts or any other arrangements by the RedSky Loyalty Partners.

g) The RedSky Loyalty Program may be modified at the sole discretion of REDSKY from time to time without intimation to the RedSky Loyalty Member.

h) REDSKY shall not be liable in the event it fails to fulfill any of its obligations under this terms and conditions due to any force majeure events such as flood, earthquake, storm, cyclone or any other acts of god of similar nature, war, strike, lockout, or governmental or judicial or quasi-judicial policies/intervention/direction /prohibition or change in law or for any other reasons beyond its control.

i) A waiver of any of the terms and conditions by REDSKY shall not be deemed to be a continuing waiver but shall apply solely to the instances to which the waiver is directed.

j) REDSKY shall be free, without intimation to the RedSky Loyalty Members, add and / or delete RedSky Loyalty Partners from its list of RedSky Loyalty Partners. The list or communication related to list of RedSky Loyalty Partners and activities shall be available on the RedSky Loyalty Platform.

k) If there is any change in the contact details (mobile number/ email id/ address) of a RedSky Loyalty member from what has been registered with RedSky Loyalty, the member must update the respective contact details with RedSky Loyalty immediately either through the RedSky Loyalty Platform or at the ‘RedSky Loyalty Contact Centre’ details provided herein. REDSKY shall not be responsible for any loss of points and no damages can be claimed by the member, in this regard, if necessary details are not updated with RedSky Loyalty on time.

l) All disputes relating to RedSky Loyalty Points and complaints older than [45] Working Days from the date of the transaction will not be entertained. The RedSky Loyalty Member must provide proof of transaction to register any dispute relating to RedSky Loyalty Point(s).

10. MEMBER CONTACT DETAILS AND COMMUNICATION

a) It is the responsibility of the RedSky Loyalty member to provide accurate communication information like name, mobile number, e-mail ID, Address, etc. to the RedSky Loyalty partner. The member can contact any RedSky Loyalty partner to request / update the change of their contact information.

b) Under the RedSky Loyalty program, RedSky Loyalty member may receive alerts or promotional messages to the registered mobile phone number or email ID provided by you while registering with RedSky Loyalty or on any contact information subsequently provided by you while registering for the RedSky Loyalty program, or via e-mail or social campaign or push notifications.

c) RedSky Loyalty shall not be under any obligation to confirm the authenticity of the person(s) accessing the RedSky Loyalty Platform, including using, receiving alerts through the mobile number or email id of the RedSky Loyalty Member. You cannot hold RedSky Loyalty liable for non-availability of the SMS/email alert/push notifications service, loss of points on account of fraudulent use of RedSky Loyalty Account by any third party or for whatsoever reason not directly attributable to RedSky Loyalty.

11. TERMINATION OF REDSKY LOYALTY MEMBERSHIP

a) You may discontinue and terminate your RedSky Loyalty membership by calling ‘RedSky Loyalty Contact Centre’ or through the RedSky Loyalty Platform by requesting and validating termination.

b) Commercial use, misuse, fraudulent practices may result in termination of the membership or withdrawal of benefits, which is at the sole discretion of REDSKY.

c) Termination of a RedSky Loyalty Membership, arising out of misconduct, fraud, unethical conduct and practice, misuse of RedSky Loyalty Points and Rewards or any other acts contravening the terms herein or laws and regulations shall result in withdrawal of any benefits, services, etc. under the Program, including but not limited to cancellation of all RedSky Loyalty Points and Rewards. Any RedSky Loyalty Member so disqualified shall not be entitled to redeem his RedSky Loyalty Points after such disqualification nor will he be eligible for subsequent enrollment.

d) RedSky Loyalty membership account will be closed and all outstanding RedSky Loyalty Points will expire upon the death of the RedSky Loyalty Member.

e) REDSKY reserves the right to terminate the Program, by giving 30 working days’ notice to all RedSky Loyalty Members.

f) Upon termination or withdrawal of the Program, all RedSky Loyalty Members will be given 30 working days’ time within which they may use the RedSky Loyalty Points in their RedSky Loyalty Membership Account to request for RedSky Loyalty Rewards, after which the RedSky Loyalty Points will be purged or cancelled.

12. LIMITATION OF LIABILITY

Under no circumstances shall RedSky Loyalty, REDSKY or any of our affiliates, or our or their service providers, or any RedSky Loyalty Partner be liable to any RedSky Loyalty Member or third party for any indirect, incidental, consequential, special, exemplary or punitive damages, irrespective of any claim being based on contract, warranty, tort (including, without limitation, negligence) or otherwise.

13. DISCLAIMER OF WARRANTIES

a) You agree that your use of the RedSky Loyalty Platform and Program shall be at your sole risk. The RedSky Loyalty Platform and services offered under the Program thereon are provided “as is” without warranty, representation, condition or guarantee of any kind, either expressed or implied, including but not limited to any implied warranties, representations, conditions or guarantees of quality, merchantability, merchantable quality, fitness for a particular purpose or non-infringement, all of which are disclaimed to the fullest extent permitted by law.

b) The RedSky Loyalty Platform and Program, the network, communication and smooth functioning is dependent on various other external services of third parties such as telecom service providers, internet service providers, etc. and any interruption, suspension or damage may lead to deficiency in service and interruption or suspension of the Program and the Platform, and RedSky Loyalty shall not be responsible or held liable for the same.

c) We shall make reasonable efforts to ensure that the RedSky Loyalty Points balance in your RedSky Loyalty Membership Account displayed to you on RedSky Loyalty Platform are accurate and up to date. However, we cannot ensure that this will always be the case and hereby disclaims any responsibility for the accuracy of such balances. In the event of any error, you are requested to contact us with adequate proof and the same would be rectified after due verification by RedSky Loyalty team.

d) You agree that your purchases of goods from a RedSky Loyalty Partner under the Program are between you and them, which are made at your own risk and may be subject to any additional terms, conditions and restrictions between you and them. REDSKY or RedSky Loyalty Program has no responsibility for the delivery, standard, quality, safety, use, suitability or any other aspect of any goods or services purchased, except where required by law.

14. GOVERNING LAW AND SETTLEMENT OF DISPUTES

These Terms and any aspect of your relationship with us is governed under the laws of India and the enrollment is deemed to have been done in Mumbai and only courts of Mumbai shall have exclusive jurisdiction over dispute herein. All disputes arising under the terms and conditions shall be attempted to be resolved through negotiations. Only in case, such negotiations are unsuccessful, the RedSky Loyalty Member shall resort to legal recourse to the forum above. All claims and disputes arising under the terms and conditions should be notified to REDSKY within 30 working days from the event date after which no RedSky Loyalty Member shall have any claim against REDSKY.

15. REDSKY LOYALTY CONTACT DETAILS

You may contact the RedSky Loyalty team for any grievances, queries or requests with respect to the Program or its terms and conditions, through:

•RedSky Loyalty Call Centre: 022-489-70937
•RedSky Loyalty Customer Care Email Id: support@rdskytech.com
• Website: http://www.rdskytech.com