Smazing Loyalty Point Program

Smazing Loyalty Point Program

Vers. 1.02  Updated at the: 01.01.2023

Please read the Terms & Conditions for the Smazing Loyalty Points Program (hereinafter referred to as ‘SLPP’) carefully. Brilvoice India Pvt. Ltd. (BIPL) wishes to offer to its existing Users of the Smazing Platform (hereinafter referred to as ‘Platform User’s/ Users), the facility to enroll in the SLPP and avail of Smazing Loyalty Points (hereinafter referred to as ‘SLPs’) to buy products or services (hereinafter referred to as ‘Products’/ ‘Services’) available for purchase on the Smazing Platform. All existing Users are automatically eligible to be enrolled in the SLPP. The SLPP shall come into effect from 1st September 2022.
The SLPP is being promoted by BIPL for voluntary participation by Users as a value-added program so as to reward and acknowledge the continued use of the Platform by the User(s). The SLPP, as a value added program is being extended in good faith by BIPL strictly on the following terms and conditions:

A. DEFINITIONS:
Activity/ies shall refer to the activities on the Smazing app features such as product purchases, reviews on the orders, sharing the product information with their community, watching promotion videos of Products, general promotions, influencer content, creating and sharing product review videos, sharing the app links for user download, taking action of likes, comments and such others as listed under Schedule 1 hereto. Such activities will be revisited from time to time by BIPL;
ii. Brilvoice India Pvt. Ltd. / BIPL is a company incorporated under the Companies Act, 1956 and having its registered office at 201, God Gifts Tower CHSL, Yari Road Cross Lane, Andheri (West), Mumbai, 400 061, Maharashtra, India, which manages, operates the Smazing Platform; 
iii. Business Associate(s) shall refer to influencers which BIPL may engage from time to time to promote and market the Products on the Platform. Such influencers shall make the use of social media and other promotional strategies for this purpose; 
iv. Earned SLPs Refers to those SLPs which shall accrue to the end User(s) upon the purchase of any Products on the Smazing Platform and thereon could be utilized/redeemed on subsequent purchases on the Platform by the User(s);

v. Payment Gateway A payment gateway is a technology used by merchants to accept debit or credit card purchases from customers. The term includes not only the physical card-reading devices found in brick-and-mortar retail stores but also the payment processing portals found in online stores. However, brick-and-mortar payment gateways in recent years have begun accepting phone-based payments using QR codes, google pay, payTM etc. All of these payment methods shall be considered valid for the purposes of sale of Products on the Platform;
vi. Products/Services refers to all the products and services listed on the Smazing Platform by various vendors which shall be available for purchase by Users and shall also be included in the SLPP; Any reference to Products herein shall be deemed to include products and services offered on the Smazing Platform;
vii. Promotional SLPs-. The Business Associate shall be assigned a bucket of SLPs recognised as promotional SLPs, which the Business Associate would be expected to pass on to any new User that the Business Associate influences to register and shop on the Smazing Platform. This SLP is a special category of SLPs and its terms of usage shall vary to any Earned or Rewarded SLPs. Promotional SLPs cannot be used in conjunction with any Earned or Rewarded SLPs and must be used on their own by the User. 
Smazing Platform/Platform refers to the Smazing marketplace platform which is a mobile application available on Android or iOS systems to the end User as a free download. The Smazing Platform also includes the Smazing administration Web platform along with Google and Apple OS applications and Smazing Business Owner Web platform along with the respective smartphone applications on Google and Apple OS. End User mobile verification will be done via a One Time Password with a time limitation. The Platform aggregates Products from Vendors and connects them to Users thereby facilitating purchase and sale of the Products;

Registered User/ User shall mean any person who is above the age of 18 years and has agreed to become a user on the Smazing Platform by providing data for registration such as their mobile number verification, full name and email address. Every User who is a buyer on the Smazing Platform is automatically enrolled into the SLPP;

x. My Account Section shall refer to a section on the Smazing Platform which shall be accessed through the My Profile tab on the Smazing Platform, where all the SLPs earned by the User can be tracked based on the value of the Product purchased, order value, or value of SLPs accrued on Activities performed. The My Account section will have the status of the SLPs earned, rewarded, consumed, expiry (if any), date filter to check when the reward is earned/rewarded and the corresponding value of the SLPs;
xi. Rewarded SLPs shall refer to all those SLPs which shall accrue to the Users upon partaking in the list of Activities specified in Schedule 1 herein. Such SLPs can be utilized/redeemed on purchase(s) on the Smazing Platform by the User(s);
SLP/ Smazing Loyalty Points is the loyalty unit of the SLPP. The term ‘SLP’ may refer to Earned SLP, Rewarded SLP or Promotional SLP (as the case may be). Currently, each SLP= INR 1;

SLPP shall refer to the Smazing Loyalty Points Program which is a value added program available to all Users of the Smazing Platform who engage in either purchase of Products on the Smazing Platform or the Activities listed in Schedule 1 herein or which accrue to the Users on the referral of a Business Associate. It is a program through which BIPL endeavours to thank Users for patronizing the Smazing Platform. The SLPP is governed by the terms and conditions set forth herein ; which terms and conditions may be altered/modified at the sole discretion of BIPL, without any prior intimation to the Users; 

Split Payment Facility: A facility available on the Platform which allows the User to make payment in respect of the purchase in parts using multiple mode(s) of payment. For instance, a User on the Platform would be allowed to complete a certain payment in one part using a credit card, second part using UPI, third part by NEFT and so on so forth till the full purchase/invoice value is realized. 

Vendor/s A vendor is a person or business whose Products are listed for purchase on Smazing Platform. The Vendor could be a manufacturer, wholesaler, retailer, service and maintenance provider, or an independent vendor.

B. TERMS AND CONDITIONS OF SLPP
1. These terms and conditions apply to the Users access to, and participation in the SLPP which is operated by BIPL. These terms and conditions do not alter in any way any existing agreement which the User may have with BIPL for Products.
2. The Users participation in the SLPP confirms the Users acceptance of the present Terms and Conditions and any changes or modifications thereto. The SLPP is open to Users within the territory of India. 
3. This SLPP cannot be combined with any other offer or promotion conducted by BIPL.
4. These terms & conditions shall be read in conjunction with all applicable policies of BIPL.
5. BIPL reserves the right to discontinue the SLPP at any time, without prior intimation to the User. 
6. BIPL shall not be responsible for the delivery, quality, utility, condition of the Product and any other Product related aspects, which are beyond the scope of BIPL as products and services aggregator.
8. All Users can only register on the Smazing Platform once so that each User has only one registered account. BIPL understands that some Users may have multiple registrations using different registration details on the Smazing Platform. If a User holds multiple/ more than one registration on the Smazing Platform, it is advisable that the User utilizes one registered account so that the User is able to maximize the benefits received from the SLPP. All SLPP benefits shall only accrue to the registered account from which the purchase is completed or the Activity/ ies performed. 
9. All SLPs shall be valid for a period of 5 months from the date of credit. BIPL may decide to change the validity period at its discretion. SLPs shall expire after the specified validity period and the User shall not be allowed to redeem any of the lapsed SLPs. 
10. All SLPs can be redeemed for Product purchases within the Smazing Platform only.
11. Currently, every SLP shall have a value of INR 1.00. All Products have an INR value and accordingly SLP value. SLPs cannot be converted to cash or used in lieu of cash, and cannot be used in exchange for cash. SLPs are not transferable and cannot be gifted; 
12. The Users are not bound in any way to actively accumulate or use SLPs. Any action towards using SLPs is voluntary. 
13. All Users will have a ‘My Account’ section under the ‘My Profile’ tab which will have the transaction history of the User, wherein all the SLPs purchased/earned by the User can be tracked based on the Product value or order value. This section will have the status of the SLPs whether they are earned, rewarded, promotional, consumed, expired (if any), and a date filter to check when the reward is earned/rewarded and the corresponding value and validity of the SLPs. 
14. All SLPs (excluding Promotional SLPs) will be credited within 24 hours of the defined Activity/ purchase of Product. 
15. As the User adds the Product/s which are to be purchased to the cart, the corresponding SLPs against the price of the Products shall be calculated. During the purchase, the User shall transact the INR amount on the respective Payment Gateway. On completion of the payment transaction, the SLPs (Earned/Rewarded (if particular Product part of Schedule I), as the case may be) on the Product purchase shall be added in the account of the User. 
16. If a User uses the Spilt Payment Facility on the Payment Gateway for purchase of Product/s and fails to transact the complete payment in respect of the Product/s at one instance for any reason vis-à-vis the transaction amount does not match the respective invoice/purchase value, then the account of the User under the My Accounts section accessed via the My Profile tab on the Smazing Platform shall be credited with SLPs to the extent of the successful transaction amount only. In other words, the SLPs accumulated by the User shall be subject to the value of the Product/s successfully paid for by the User. Any such SLPs accumulated shall be required to be utilized/redeemed within five (5) months from the date of accrual/ credit, failing which the SLPs will be removed from the User account & refund for the same will be processed to the original mode of payment.  
17. Should the User decide to purchase a Product on the Platform by making use of their SLPs for a portion of the transaction value and pays the rest through the payment option(s) available on the Platform, the transaction invoice generated on the Platform will reflect the fact that the payment has been made partly by redeeming SLPs and partly by the regular payment method(s). In the event that the User wants to return the purchased Product and asks for a refund in this regard and where such refund is eligible, only the transacted value of money will be refunded in the User’s preferred payment mode (PayTM/Bank Account/ Googlepay etc.) and the SLPs redeemed by the User towards the purchase of the Product shall be refunded back to the User’s My Account since SLPs are not encashable. For instance, if the User has purchased a Product worth INR 10,000/- by redeeming 2000 SLPs and paying the rest through a bank transfer- then upon a request for refund, only the transacted value will be refunded i.e. INR 8000/- and the 2000 SLPs will be refunded back the User’s My Account. 
Notwithstanding herein, the terms of return / refund shall be subject to the specific terms of Product purchase as mentioned under the Product invoice. The returned Products agianst which refund is requested must be in good and marketable condition with original pacakaging and tags. The returned Products must not be in damaged or used condition. All eligible refund(s) shall be processed immediately to the original mode of payment.
18. If an order is cancelled by the User, any Earned SLPs on the purchase will be withdrawn.

19. In cases wherein SLPs had been utilized towards the original purchase (as part/full payment by the User) and thereon, the User requests for return/refund (in compliance with the Product purchase terms of the invoice), then the refund of such SLPs shall be processed to the User’s My Account. The User shall have an option to use such refunded SLPs against another Product purchase for a period of 30 days from the date of refund. After the said period of 30 days has elapsed, the SLPs shall be removed from the Smazing account of the User and refund for the same will be processed as to the original mode of payment.

20. Notwithstanding anything else contained herein, the User’s SLPP membership may be deactivated in the event that the number of Product returns made by the User on the Platform are determined to be high, in the opinion of BIPL. Deactivation of the User’s membership may result in the termination of the membership or withdrawal of SLPs accrued so far by the User.

21. In the event that a User needs support with the purchase/redemption/refund process on the Platform, the User can connect with Smazing support for any grievances on: support@smazing.world & grievance@smazing.world and Tel: 1800 572 2494 (Toll Free).
22. The User hereby agrees to indemnify, defend and keep BIPL and Platform harmless against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney's fee) that may be suffered by BIPL as a consequence of violation of terms and conditions herein and/ or any violation of applicable laws and/or any wilful misconduct or negligence by the User.


23.The terms and conditions, set herein, shall be governed by the laws prevalent in India. All disputes arising under the present terms and conditions shall be attempted to be resolved through negotiations. Only in case, such negotiations are unsuccessful, shall BIPL/ User resort to legal recourse, which shall be subject to the exclusive jurisdiction of the competent of the Courts in Mumbai, Maharashtra only. 

SCHEDULE I

Eligible Activities for Users to accrue Rewarded SLPs
Registration on the Smazing app.
Creation of a User profile on the Smazing app.
Completion of the User profile on the Smazing app.
Referral of the Smazing app to a friend who successfully register themselves on the Smazing app. 
Complete a transaction of at least INR 1000 within a week of having created their Smazing profile. 
Upon the purchase of certain Products available on the Smazing app which have some offers running. 
Writing a review or commenting on Products on social media platforms such as google, Google Playstore, Apple App Store, etc. 
Watching product campaigns/influencer content on the Smazing platform.
Giving feedback on Smazing’s social media posts.
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