Terms & Conditions
TERMS & CONDITIONS
THIS AGREEMENT is made
between you and RozReward (hereinafter referred to as "RozReward" or
''Us'' or ''We'') and YOU (hereinafter referred to as "user" or
"end user" or "customer"), and is dated for reference purposes
as of today. RozReward is operated and managed by Digismart Digital Media Pvt
Ltd . RozReward is a mobile application that operates in India. RozReward
generates, among other things, reports for its clients as per campaigns created
by them/us and tasks completed by end-users. RozReward may also audit findings,
using varying methods such as on-site visits, telecommunication, web-based, and
intercept interviews. The reports that are generated from the programs we
develop are provided to our clients for the purpose of determining operational
successes and opportunities for improvement in areas such as service, sales,
product presentation, facility maintenance, and other specifics of the client's
operations and personnel.
Any applications submitted by end-users to perform/ submit/ complete or
incompletely submit assignments or tasks and relevant/ applicable reports for
these assignments or tasks for and under the guidance of RozReward or its
direct clients; and, WHEREAS, RozReward and end-user seeks to reduce to writing
their respective rights and obligations arising out of their intended
independent contractor relationship; NOW, THEREFORE, the parties hereto agree
upon the following:
AGREEMENT:
1.
INDEPENDENT CONTRACTOR'S
STATUS. This Agreement contemplates the creation of a relationship of
independent contractor by and between RozReward and end-users; with User as
Contractor, and RozReward as Contractee. Nothing herein is intended to create,
nor should be construed as creating, the relationship of employer and employee.
Project opportunities are offered by varying means on an as-needed, rotating
basis. Users may choose to accept or reject any proposed project. You agree and
understand that we have the option and choice to ask for your services as an
independent contractor in performing said services, or not. You, in turn, have
the right to accept or not to accept any project posted. The user also
understands that RozReward may share your details (partial/complete) with
organizations whose tasks they complete in order to reward them.
2.
REWARDUser's earnings or
rewards for tasks completed shall be based solely on the number & quality
of acceptable reports received by RozReward from its clients (advertisers). RozReward
is not liable for rewards lost or not credited in the user's wallet due to
internet connectivity issues, bugs in the RozReward system or any other factor.
Reward coins credited to users in the RozReward wallet will also expire in case
of 30 days of inactivity, in other words, if a user doesn't visit RozReward app
at least once in 30 days then the user will be considered inactive and all the
coins in the wallet will expire.
Mobile recharges or
other rewards redeemed by users are completed using a third-party application. RozReward
is not responsible for failed or unsuccessful recharge transactions and
repayment of the same.
3.
LIMITATION OF
AUTHORITYUser shall have no authority to bind, obligate, or commit RozReward in
any manner, including by any promise or representation, whether oral or
written, unless specifically authorized by RozReward in writing.
4.
DISPUTES.In the event
any dispute, arbitration, or litigation arises out of, in connection with, or
as a result of any act performed by User pursuant to this agreement, or failure
to perform, as the case may be, User shall cooperate fully with RozReward in an
effort to resolve the same. User agrees to indemnify and hold RozReward
harmless of and from any and all claims, demands, suits, and liabilities,
including costs and attorney's fees, to which RozReward may be subjected by
reason of or in connection with any proceeding arising out of the conduct or
omissions of User. It is the policy of RozReward to avoid litigation whenever
possible but the decision whether or not to enter into or maintain litigation
shall be the decision of RozReward alone. This obligation shall survive the
termination or expiration of this Agreement.
5.
TRAINING.RozReward will
provide User with instructions and forms designed to assist User in completing
a task for RozReward, all of which shall remain RozReward's property.
6.
EMPLOYMENT.User will
not, on behalf of himself or any third party, employ, or seek to employ any
person employed by or engaged by RozReward and its team around the world, or
otherwise directly or indirectly induce such persons to leave their employment
or independent contractor position thereat.
7.
CONFIDENTIAL
INFORMATION.While User is working for RozReward, and thereafter, User will hold
in strictest confidence, maintain as confidential, and not disclose to any
third party, the following: Any and all information concerning RozReward's
present or former customers, including their names and identities, locations
and addresses, their employees and representatives, business practices, as well
as the information sought to be gathered, and actually gathered, in connection
with the services provided by RozReward to its customers; Any and all
information concerning RozReward's employees and representatives, as well as
any information designated orally or in writing as confidential by RozReward
regarding RozReward's sales methods, plans, and records, RozReward's
collections on behalf of its customers, all written communications, training
and marketing materials, and all other like documents not disseminated to the
general public, including computer programs and printouts, as well as any other
confidential information regarded by RozReward as a trade secret or otherwise
protected from disclosure under applicable law. User may, in accordance with
the foregoing, use such information solely as necessary in User's work for RozReward.
8.
TERMINATION. Either
party may, at any time, terminate this Agreement for any reason or for no
reason at all. However, each shall continue to comply with any and all
obligations of this Agreement that are intended to survive its termination or
expiration.
User understands that in the event of termination or expiration, User will
receive the balance recharge due to User for tasks that RozReward has deemed
acceptable. RozReward and User shall deal with each other fairly and in good
faith relative to this Agreement. User further understands that if User has
participated in any incentive promotion pursuant to which User may be entitled
to a bonus, trip, or any kind of award/ rewards, User will not be entitled to
the same if it was not actually received prior to the date of termination. RozReward
may terminate User accounts without prior notice if any suspicious activity is
found which come is the way of natural or intended functioning of RozReward. RozReward
may terminate user(s) account(s) if user is found to be indulging in promoting
their RozReward referral links or any other codes on Facebook, Google Play or
any other public properties along with misleading or spammy communication of
any nature. Termination of user accounts will be at the sole discretion of RozReward
9.
BREACH OF AGREEMENT.User
understands and agrees that any breach or threatened breach by User of the
non-competition and non-disclosure provisions contained in this Agreement will
cause RozReward substantial, irreparable harm which is difficult to measure,
and that RozReward therefore may obtain an injunction against such conduct and
User consents thereto. This right is in addition to any other rights RozReward
may have against User for breach of this Agreement. Therefore, whenever RozReward
may apply for a restraining order or injunction against User for breaching or
threatening to breach this Agreement as described above, User waives any notice
to which User may be entitled and consents to such restraining order or
injunction. If RozReward proceeds against User in the state court for Haryana/
Delhi, or the Indian High Courts/ Supreme Court situated in or closest to said
area of Gurgaon, on any cause of action arising out of this Agreement, User
agrees that such court may exercise personal jurisdiction over User. In the
event of any breach of this Agreement by User, User agrees to pay RozReward all
losses and damages sustained as a result thereof, as well as court costs,
attorney fees, and related expenses.
10.
MISCELLANEOUS.RozReward
projects/services are available only to and can only be used by an individual
who can form legally binding contracts as per the prevailing laws in India. The
term individual shall only include a living person and does not include all
other legal creations. The services/projects are not available to minors under
the age of 18 or to any users suspended or removed from accessing RozReward for
any reason. Each notice to either RozReward or User required hereunder shall be
in writing and emailed to the addresses provided by the parties unless and
until any such address is changed in writing. RozReward and User shall exercise
best efforts to communicate to the other any such change in address. Such
notices shall be deemed given when mailed by certified mail, return receipt
requested. Any written notice may be personally delivered, but personally
delivered notices shall be deemed given on the date of actual receipt.
This Agreement contains
the entire understanding and agreement between the parties with respect to the
terms and conditions of the User's independent contractor relationship with RozReward.
RozReward reserves the right to make changes to the Site, related policies and
agreements, the terms of services and the Privacy Policy at any time without
prior notice to the user. RozReward may assign this Agreement to any successor
to all or part of its business or to any parent, subsidiary, or an affiliated
company. User may not assign this Agreement, or any part thereof, without RozReward's
written consent.
This Agreement shall be
governed by and interpreted in accordance with the laws of India. If any
provision of this Agreement is declared invalid under such laws, the validity
of the other provisions shall not be affected thereby and that part shall
remain enforced. Furthermore, User agrees to abide by all local, state and
national laws where applicable while serving in the capacity of Independent
Contractor/ User to RozReward. This Agreement supersedes any prior
understanding or agreements between the parties. It shall be the user's
responsibility to read and understand the terms and conditions of the agreement
and privacy policy updated from time to time and the RozReward shall not be
responsible for any failure therein on the part of the user.
11.
PAYMENT terms in respect of any
transactions entered into on the RozReward pro platform, including making a
payment:
- The payment of pre-designated amount user makes to the
campaign is inclusive of the pre-designated platform fee
- RozReward reserves the right to charge a Platform Fee,
which would be specified and notified by RozReward on the Contest page,
- In case there is any amount remaining to be paid by the
User in relation to such user’s participation in any round(s) or
Contest(s), the User will be taken to the designated payment gateway to
give effect to such payment. In case any amount added by the User through
such payment gateway exceeds the remaining amount of the pre-designated
amount, for the excess amount if any, the user can get in touch with
support at info.RozReward@gmail.com for refund applicable if any.
- In case of any issues of return of underutilized packs
of any amount standing to the User may be made by way of a request to RozReward
and we shall do it on a case to case basis purely at the jurisdiction of
the team
- Users agree that once they confirm a transaction on RozReward,
they shall be bound by and make payment for that transaction.
- The User acknowledges that subject to the time taken
for bank reconciliations and such other external dependencies that RozReward
has on third parties, any transactions on RozReward Platform may take up
to 24 hours to be processed. A transaction, once confirmed, is final and
no cancellation is permissible. RozReward may, in certain exceptional
circumstances and at its sole and absolute discretion, refund the amount
to the User after deducting applicable cancellation charges and taxes. At
the time of the transaction, Users may also be required to take note of
certain additional terms and conditions and such additional terms and
conditions shall also govern the transaction. To the extent that the
additional terms and conditions contain any clause that is conflicting
with the present terms and conditions, the additional terms and conditions
shall prevail.
12.
CAMPAIGNS In respect of any
campaigns running, to run or to be executed in future or not to be executed on
the RozReward platform:
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