1. OVERVIEW

The Select Citywalk Loyalty Program is facilitated by Select Infrastructure Pvt. Ltd. , a private limited company located at Mumbai, along with its group companies, subsidiaries and associate companies ("Company"), which inter-alia owns and controls the customer experience and loyalty program " Select Citywalk Loyalty Program" ("Services", "We", "Us", "Our"), operated under the Terms and Conditions of Use as set out below. The Select Citywalk Loyalty Program is provided to You by the Company website, rewards.selectcitywalk.com, mobile application ("Select CITYWALK Rewards App"), or where applicable, at the mall ("Reward Desk") (collectively, "Platforms").

These Terms of Use are binding on the User ("You" or "User" or "Your" or "Yourself"), a valued customer of the Company, which covers Select Citywalk, located at Saket, New Delhi and are the participating brands of the Select CITYWALK Loyalty Program, and along with these Terms of Use, the User shall also be bound by the rules of the participating brands being visited by the User ("Shopping Mall").

By accessing/viewing the Platforms and/or by clicking the option "I agree", You agree to be bound by these Terms of Use in addition to the rules and regulations of the Company. You also agree to abide by the applicable laws including any rules under applicable laws and any amended provisions of such laws, by an electronic agreement constituting an electronic contract ("Agreement"), as per the provisions of the Information Technology Act, 2000, between You and the Company in relation to Your use of the Services provided by the various Platforms of the Company. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of rewards.selectcitywalk.com, This is an electronic record generated by a computer system and does not require any physical or digital signatures.

The Program Rules shall mean the Company's relationship with Users of Select Citywalk Loyalty Program (collectively, "Users," and individually, a "Platform User," "User," or "You"), including how Users manage their accounts, book time slots for mall visits, earn and redeem Reward Points/Stars ("Rewards Points/Stars") with participating third parties and at the Shopping Mall, as well as with third party brands/ service providers, etc. which have a business relationship with Select Citywalk.

2. ACCEPTANCE OF TERMS

By accessing or using the Platforms and/or making an account and/or uploading any data and/or accessing any Services offered on the Platforms, You represent that You have read the Terms of Use, Privacy Policy and agree to be bound by the same and all terms incorporated by reference. If You do not agree with all of the use requirements and restrictions described herein, You shall not use or be entitled to use and/or access the Platforms and/or any of our Services. By agreeing to these Terms of Use, You also agree to Our Privacy Policy and/or such other policies as may be established or introduced by the Company from time to time. If You do not wish to be bound by any of these Terms of Use or the Privacy Policy, You may not use the Services or the Platform and any use of the Platform and/or Services in that regard would be considered as unauthorized.

This Select Citywalk Loyalty Program is facilitated by the Company subject to the terms and conditions and information contained herein. The Company reserves the right at any time, without notice, to change, replace, entirely or in part or vary any or all of these terms and conditions or to withdraw it all together.

3. ELIGIBILITY & USER ACCOUNTS

In order to access the Services and the Platforms, You will be required to register Yourself on the Services through Platforms. When you register Yourself on the Services, You are required to create an account ("Account") by entering Your name, email address, password, phone numbers, address and certain other information collected by Us (collectively "Account Information"). You hereby expressly agree, confirm and undertake that the information provided by You to the Company, at all times, including during registration, and any invoices You upload to the Platform, will be true, accurate, current, and complete, and You shall, at all times, be solely responsible for the accuracy and/or completeness of the same.

Registration to Select Citywalk Loyalty Programme is free and available to any individual who has registered with complete details at the time of registration and is:

  • a) Of the eligible age (at least 18 years of age) as per Indian Laws or older;
  • b) Being capable of entering into a legally binding agreement; and
  • c) Not barred or otherwise legally prohibited from accessing or using the Services and/or the Platform.

You acknowledge and confirm that the Company has no way of ascertaining and verifying the accuracy of the information provided by You and the Company is completely relying on Your representations made to the Company in this regard. in the event of use of Your account by other individuals, with or without the Users consent or knowledge, for any illegal purposes including use by individuals below the legally permissible age, You will still be solely responsible for acts of those individuals. The User shall be responsible for all the activities conducted by such individuals through the Users account. The User shall comply with all applicable laws while using the Services.

You agree, acknowledge, confirm and undertake that You shall, at all times while using the Services and/or the Platforms, adhere to any and all prevalent rules, regulations and/or laws that are applicable to You on account of your activities on the Platforms. You are further solely responsible for keeping Your Account Information and any other information and/or content provided by You to Us, up-to-date at all times. You may not transfer or share Your Account password with anyone, or create more than one valid and existing Account. You are responsible for maintaining the confidentiality of Your Account password and for all activities that occur under Your Account. The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and Your Account Information. In no event and under no circumstances shall We be held liable to You for any liabilities or damages resulting from or arising out of Your use of the Platform, Your use of the Account Information or Your release of the Account Information to a third party. You further agree and confirm that You shall not use any other user's account at any time.

We may, with or without prior notice, suspend or terminate Your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of this Agreement or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. You may terminate Your account at any time as described in the Termination clause below.

This Agreement does not alter in any way the terms or conditions of any other agreement You may have with Company. By agreeing to these Terms and Conditions of Use, You also agree to our Privacy Policy and/or such other policies as may be established or introduced by the Company from time to time.

4. SERVICES

The Platform provided by the Company through the Services constitute a technology platform that enables You to:

Registration to Select Citywalk Loyalty Programme is free and available to any individual who has registered with complete details at the time of registration and is:

  • Select Citywalk and Shopping Mall Directory.
  • Information relating to retail shops and other businesses at Select Citywalk.
  • Access loyalty programs that allow the Users to earn rewards points/stars and benefits and further store, on a permanent basis all such completed transactions for Your reference, anytime.
  • Access to Concierge Services.

The Platform and the Services enable You to have the ease of accessing any past invoices uploaded by You, whether for informative and/or reference purposes.

5. APPLICABILITY OF THESE TERMS

Your access to, and use of, the Services is conditioned on Your compliance with these Terms of Use. By becoming a registered user and/or accessing and/or using the Services, the Platforms, or any portion of the Services or the Platforms, You agree to be bound by these Terms of Use and all applicable laws and regulations governing the Services. If You do not agree with these Terms, You are not authorized to access or use the Services for any purpose. Additional terms and conditions applicable to specific areas of the Platforms or to particular transactions, including Our Privacy Policy, are also posted in particular areas of the Platforms and, together with these general Terms of Use, govern Your use of those areas. If You do not agree with any of these additional terms and conditions, You are not authorized to access or use those areas of the Platform.

6. CHANGES TO TERMS OF USE

The Company reserves the right to change or modify any of the terms and conditions contained in this Agreement including any other policy incorporated herein by reference, at any time and in its sole discretion. Any changes or modification will be effective immediately and You waive any right You may have to receive specific notice of such changes or modifications. You are free to decide whether or not to accept the changed/modified version of this Agreement but accepting such a changed/modified Agreement is essential and required for You to continue using the Platforms. You may have to click "accept" or "agree" to show Your acceptance of any changes/modifications made to this Agreement. In the event that You are not required to expressly click any such "accept" or "agree" option, Your continued use of this Platform following the posting of changes or modifications will confirm Your acceptance of such changes or modifications. Therefore, You agree that You will periodically review this Agreement from time-to-time to understand the terms and conditions that apply to Your use of the Platform. If You do not agree to the terms of this Agreement or to any changed/amended/modified version of this Agreement, Your sole recourse is to terminate Your use of the Platform, in which case You will no longer have access to the Platform, including any account you might have created on the Platform(s) and any points/stars, benefits and rewards that may be existing in Your account at the time of such termination, shall be considered to have been forfeited by You. Except as otherwise expressly stated, any use of the Platform is subject to the version of this Agreement in effect at the time of use.

7. LOYALTY PROGRAM

In order to participate and win rewards and other offers as may be made available within the Services, You must agree to the offer/ reward terms and conditions. You agree that Your participation in the offer constitutes Your understanding of, and agreement to, the offer terms and conditions. The offer terms and conditions forms a legal binding agreement with respect to the use of the Services and any activity thereunder. Company reserves the right to disqualify any User who does not meet the offer requirements and in case of reason including but not limited to any fraud, misuse of the offer or suspicious activity or under any requirement of the applicable law, rules or regulations.

It is clarified that our Select Citywalk Loyalty programme is subject to change and the Users agree that the system of allocating points/stars and calculation of the same shall be decided by Us in our sole discretion and Users shall agree to such system.

In addition to your compliance of these terms and conditions, You must meet the eligibility criteria for each offer to participate. Details of each Offer and/or reward and the eligibility terms and conditions for each offer must be referred to in the offer page of the Services before availing any offer. Please read the offer terms and conditions for the respective offers before the use of or availing the same. In Select Citywalk Loyalty Programme, We offer various rewards, gifts, etc. through various reward programs time to time wherein various kind of gift vouchers of participant brands, operating their retail store at Select Citywalk and 3rd parties are offered through various reward program as per terms and conditions of respective program. Participant Brands shall mean the brands operating the retail business at Select CITYWALK and participated in Select Citywalk Loyalty Program through contributing gift vouchers in this program on regular basis. The list of participant brands may be amended / modified time to time by Us at our sole discretion.

8. REDEMPTION OF REWARDS

In order to collect the Reward Points/Stars the User need to upload the photos/ PDF of invoices of the purchases done at the shopping mall to the Services through the interface provided for the same. For an invoice to be admissible by the Services, the User needs to upload only those invoices which have been generated when the User has shopped/availed the Services at the shopping mall.

It is clarified by the Company that in the event that the invoice is destroyed and/or illegible before or upon scanning it, due to any reason including but not limited to any action/omission undertaken by You or mechanical and/or technical errors in the scanning machine, You may not be entitled to receive any points/stars/rewards on the account of such destruction and/or illegibility. You further agree that coupons and rewards are applicable only during the validity period as explicitly stated along with every such coupon or reward and are subject to change as per the sole discretion of the coupon provider. One valid invoice is permitted be uploaded per User at one time only. Multiple scans or repeat scans or pictures of the invoices shall debar the User to claim any Reward Points/stars, as may be attached to the same.

Some of general terms of Reward Points/stars earning / redemption of Reward Points/stars is as under, which may amend time to time:

  • a. You will earn 5% Reward Points and 5% Stars on spending / purchasing any product/s from the participant brand within Select Citywalk subject to a maximum limit of Rs. 1,00,000/- of per invoice /bill. For sake of clarity, if User submits 03 separate invoices and each invoice is above Rs. 1,00,000/-, maximum Rs. 1,00,000/- will be counted to calculate Reward Points /stars against each invoice.
  • b. The Reward Points/ Stars will be calculated on the actual payment (through paid in Cash /UPI/Debit & Credit Card/ Digital payment) made by the customer at the participating store. Any payment and/or adjustment through Gift Cards/ Vouchers/ Croma Wallet/Brand Wallet/ In-store sale bill/ Promotional Discounts/ Redemption of Points, etc. in a purchase will not be considered for calculating the reward points/stars on the purchase.
  • c. You shall visit Reward Desk or through Select Citywalk Rewards App to fulfil the requisite process and earn Reward Points/Stars. The process to earn points/stars is as under:
    • i. Scan the invoice/ bill of Participant Brands within 07 days from the date of purchase to earn Reward Points/Stars. User shall ensure that invoice/s shall be generated from Participant Brand/s for shopping at retail store at Select CITYWALK, not any other way, such as, online sale / exchange (except original sale was generated from the same store only), etc.
    • ii. In case, Exchange or Credit Note is mentioned on the invoice as the ‘Mode of payment', both the current & old invoices are required to claim reward points/stars.
    • iii. Duplicate/Reprint/Bill copy may be declined for award of points/stars, therefore, original bill/invoice needs to be submitted / scanned for the Reward Points/stars.
    • iv. In case of payment by cheque the bill/invoice needs to have complete details of cheque payment.
    • v. Any invoice which is/ appears / suspect fake / manipulated / duplicate, etc. shall be declined and no Reward Points /stars will be issued against the said invoice.
    • vi. The validity of Reward Points is 30 days and stars are valid for 24 hrs. from(including) the date of earning day and thereafter earned Reward Points/stars will automatically lapse without any notice / information, if not redeemed.
  • d. User will access the Platforms or Select Citywalk Loyalty Program through his/ her mobile number ("Registered Mobile Number" or "RMN") and in case any change in RMN or it is lost, the User is advised to visit at Reward Desk / access SCW Mobile App for the amendment in her/his mobile number. The User shall be solely responsible for loss, theft or unauthorized redemption /use of Reward Points/Stars. We will not be responsible for any misuse of Reward Points/stars, whatever it may be, in the User's account by any third party. The Reward Points/Stars of the old account will lapse and would not be carried forward the new account.
  • e. Special schemes, as may be implemented by the Company, will be separate from general Select Citywalk Loyalty Program and terms and conditions of the respective special scheme will be considered separately.
  • f. The Tier Structure of the Select Citywalk Loyalty Program:
    Tier Tier Name Slab Start (Points/year) Slab Max (Points/year)
    1st Tier CITYWALK Silver 0 5,000
    2nd Tier CITYWALK Gold 5,001 17,500
    3rd Tier CITYWALK Platinum 17,501 40,000
    4th Tier CITYWALK Diamond 40,001 And Above
  • g. The tier and their benefits will be implemented and updated time and again by the Company at its sole discretion and without any advance notice to User.
  • h. Non-Participating brands are displayed at Platforms. These non-participating brands will not be included for points/stars calculation along with temporary kiosks, temporary stores, flea market and other promotional shops and setups.
  • i. Two Promotional schemes/vouchers will not be clubbed together.
  • j. User using the Select Citywalk Loyalty Program should compulsorily satisfy herself/himself by reading the T&C's of the voucher(s) before unlocking the voucher. Under no condition the voucher(s) once unlocked would be allowed to be changed/exchanged/returned.
  • k. The Reward Points/Stars cannot be carried forward and are required to be redeemed as per their validity with vouchers to the lowest denomination available on the Platform under Offers (Vouchers/Rewards). The remaining points shall remain expired. Once the voucher(s) are unlocked/redeemed on the App, they need to be physically collected from the Rewards Desk/dispersal point within 7 calendar days/date of expiry on the voucher(s) whichever is earlier. Post these 07 days the User will have ‘No CLAIM' whatsoever. The Company will have the right to discard/destroy etc. over these voucher(s).
  • l. The earned Reward Points/Stars cannot, under any circumstances, be ceded, bequeathed or transferred. The earned Reward Points/Stars have no monetary value and under no circumstances can they be converted into cash. The Company reserves the right to deduct any points/stars from the User's account without notifying the Member in the event of:
    • Any point suspected to be fraudulently recorded;
    • Any point recorded in error;
    • Any point relating to a transaction which is cancelled.
  • m. The User may redeem the Reward Points/stars against the gift/ discount vouchers of the Participant Brands, redeemable at Participant Brands in Select Citywalk, equivalent to the reward points/stars and / or as intimated from time to time by the Company. The User may redeem the Reward Points/ Stars to the lowest denomination available of Vouchers available on Platforms under offers (Vouchers/Rewards). On redemption, the redeemed points/stars would automatically be subtracted from the total reward points/stars in the User's account. The Reward Points/Stars once redeemed cannot be cancelled or withdrawn or changed. If the User does not have a sufficient number of points/stars for redemption, the request for redemption will be cancelled.
  • n. The User shall be solely responsible for the loss, theft or unauthorized use of Reward Points/stars. The Company will not be responsible for any misuse of Rewards Points/stars, whatever it may be, in the User account of member by any third party.
  • o. Upon redemption of the Reward Points/stars into gift/discount vouchers , the terms and conditions of the respective voucher shall be applicable and in the event of lost, misplace, expiry and/ or damage of the voucher, the new and/or duplicate voucher will not be issued by the Company. It is advisable to the User to check the validity and other conditions of the gift/ discount vouchers before unlocking in Platforms and taking the vouchers from the point of dispersal of physical vouchers. Issued or Expired vouchers will not be replaced or exchanged.
  • p. All vouchers @ Select CITYWALK Rewards App (Offers/Rewards) which are redeemed/unlocked are required to be collected from the Rewards Desk at Ground Floor, Lift Lobby B except e -vouchers, wherein it can be used directly at the store with the mentioned e-code with expiry and conditions.
    Once the voucher(s) are unlocked, they need to be physically collected from the Rewards Desk/dispersal point within 7 calendar days (including redeem date)/date of expiry on the voucher(s) whichever is earlier. Post these 07 days the User will have ‘No CLAIM' whatsoever. The Company will have the right to discard/destroy etc. over these voucher(s).
  • q. The User consents and grants a right to Company to retain any information provided by the User, including details of purchases made and the use by Company of any information for research and any other purposes.
  • r. Dispersal of gift/ discount vouchers (including availability of participant brands voucher for selection) is at the sole discretion of the Company, as per the availability of the stock and other aspects in this regard.
  • s. Computation of the points/stars by the Company shall be final, conclusive, and binding on the User and will not be liable to be disputed or questioned.
  • t. Company reserves the right to block the account if it is suspected that the account holder is mischievous/purposely tries to manipulate this/any other Program/tries to cheat etc.

You understand and agree that the redemption value of the rewards accrued in Your account ("Redemption Value") shall be decided by the third parties whose offers/coupons You wish to avail. Such Redemption Value may change from time to time subject to the third parties' policies. You apprehend that third parties are not under Our control and thereby accept that We shall not be responsible for any change in their policies and a subsequent change in the Redemption Value. In case of the payment gateways or e- wallets are enables on the Services then you shall abide by the terms and conditions of such payments gateways or e-wallets.

You acknowledge that We shall, in no circumstances, be liable to You for any undervaluation of the rewards or change in the Redemption Value offered by third party(ies) and agree that You shall not be entitled to any damages on account of the same.

9. USAGE OF THE SERVICES: YOUR ROLE AND RESPONSIBILITIES

By using the Services, the User agrees, accepts and represents that:

  • a) You will only use the Service and/or Platform for lawful purposes;
  • b) You will not knowingly include or use any false or inaccurate information in Your Account;
  • c) You will only use the Services and/or Platform for the purpose for which it is intended to be used and not for any commercial use/gain;
  • d) You will not use the Services and/or Platform for sending or storing any unlawful material or for fraudulent purposes;
  • e) You will not use the Services and/or Platform to collect or store personal data about other Users without their express permission;
  • f) You shall not use, reproduce or transmit to or store any data in any other website;
  • g) You or any person acting on its behalf, shall not use or modify the content of the Services;
  • h) You will not use the Services and/or Platform to cause nuisance, annoyance, inconvenience or make fake communications;
  • i) You will not use the Services and/or Platform for purposes other than obtaining the service;
  • j) You will not impair the proper operation of the network or any use intended to impede with the working of the site/app or to intercept any information from the site/app is prohibited;
  • k) You shall not intentionally or unintentionally cause or attempt to cause damage to the third party ;
  • l) You will not use the Services and/or Platform in any way which will be damaging to the Services and/or Platform or third party software or hardware or servers;
  • m) You will not upload, post, email or otherwise transmit any form of viruses or other computer code that may interrupt, destroy, limit the functionality of the Services and/or Platform, or interfere with the access of any other user to the Services and/or Platform;
  • n) You shall not amend, republish, distribute, reproduce, adapt, modify or sell any of the materials on the Services and/or Platform or use any of the materials for public performance or otherwise make commercial use of the Services and/or Platform or any materials located on it;
  • o) You will not copy, or distribute the Services and/or Platform, or other content;
  • p) You will not circumvent, disable, or otherwise interfere or attempt to circumvent, disable, or otherwise interfere with security-related features of the Services and/or Platform or features that prevent or restrict use or copying of any Content;
  • q) You will not attempt to probe, scan or test the vulnerability of any Company system or network or breach or impair or circumvent any security or authentication measures protecting the Services and/or Platform;
  • r) You will not attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services and/or Platform;
  • s) You shall not upload on the Services and/or Platform or submit any content or otherwise distribute or publish through the Services and/or Platform any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist, threatening, harassing, deceptive, fraudulent, tortious; or which is otherwise unlawful, offensive, profane, invasive or hurts religious sentiments of people of another's privacy or designed to cause disruption to any computer systems or network.
  • t) The Company shall be entitled without liability to the user and at its discretion to remove any such content from the Company's server immediately
  • u) You will only use the Services and/or Platform for Your own use in connection with the Services;
  • v) You will keep Your account credentials secured and confidential and will not share the same with any other person or any identification we provide you which allows access to the service;
  • w) You will provide the Company with proof of identity as it may reasonably request or require;
  • x) You acknowledge and agree that only one (1) account per User shall be registered on one device only.

You agree that You will not engage in any of the following while using or accessing the Services and/or Platform:

  • a) Upload, post, email or otherwise transmit any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
  • b) You represent that You shall not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue; interfere with or disrupt the Services or any servers or networks connected to the Platform, or collect or store personal data about other users;
  • c) You will follow the rules of conduct and the Company's decision shall be final and binding;
  • d) Whilst the Company uses reasonable endeavors to correct any errors or omissions in the Services and/or Platform as soon as practicable once they have been brought to the Company's attention, the Company makes no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the Services provided and the Platforms or any part or parts thereof, any Content, or any linked services or other external services. The Company does not warrant that Your use of the Services and/or Platform will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Services and/or Platform or any part or parts thereof, the Content, or the servers on which the Platforms operates are or will be free of viruses or other harmful components. The Company does not warrant that any transmission of Content and/or Content uploaded to the Platforms will be secure or that any elements of the Platform designed to prevent unauthorized access, sharing or downloading of any user's information will be effective in any and all cases.
  • e) The Company and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement or merchantability of the Services provided through the Platforms of by third party(ies).

10. REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND INDEMNITY

You represent and warrant that You will:

  • a)comply with all of your wireless carrier's terms and conditions;
  • b)not breach any of the Terms set forth in this Agreement;
  • c)provide accurate and truthful information relating to Your Account Information that You provide to the Platform and/or Services or any other information including the invoices that You upload to the Platforms or otherwise, and
  • d)no information you upload to the Platforms shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).

In addition to the above, You agree, acknowledge and confirm the following:

  • a) The Services will only act as an facilitator and assume no responsibility and/ or liability in relation to any activities undertaken by You, any another user or any third party(ies) and/or any losses attributable to the Services offered through the Services;
  • b) You take full responsibility for ensuring that the information submitted by You is accurate and neither the Company nor the Services shall take any effort to validate any information provided by You for using the Services with respect to its content, correctness or usability. We, with an intention to provide the best services possible may ask You to share more information as and when needed;
  • c) The Company (including its Directors, officers and/or employees) accepts no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Platform;
  • d) The Company makes no warranty that the Services and/or Platform will meet Your requirements, or that the Services and/or Platform will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by the Company's employees. The Company shall not be responsible for transmission errors and/or corruption of data, if at all any;
  • e) The Services and/or Platform is for personal use and You shall not be entitled to use the same for commercial purposes;
  • f) The Services and/or Platform and/or the information thereon shall not be used for any illegal purposes whatsoever. You shall not be entitled to access the Company's networks, computers and/or the information and/or Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment of Our Services and/or Platform and/or the information thereon.
  • g) You may not attempt to gain unauthorized access to any information and/or Services, other accounts, computer systems, or networks connected with the Platform and/or Services. You may not use any automated means (such as a scraper) to access the Platforms and/or the information and/or the Services for any purpose whatsoever.
  • h) the User shall not attempt to solicit login information of any other user or access any such account which shall be an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices;
  • i) Your right to use the Services and/or Platform is not transferable;
  • j) The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by any third party through the Services and/or Platform.
  • k) The Company may, at its sole discretion, suspend Your ability to use or access the Services and/or Platform at any time while the Company investigates complaints or alleged violations of these Terms of Use, or for any other reason.
  • l) The Company expressly disclaims all representations, warranties, conditions, or indemnities, express or implied in respect of the Services and/or Platform.

11. INDEMNIFICATION

The User agrees to defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates' employees, contractors, directors, suppliers, agents and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to;

  • a) use or misuse or an unlawful or negligent act or omission of, or access to, the Services,
  • b) use or misuse of the Mobile application and content, or otherwise from the Users user submissions;
  • c) violation of the Terms of Use;
  • d) infringement by the User, or any third party using your account, of any intellectual property or other right of any person or entity.
  • e) The Users use of any services of the third party vendors, infringement by the User of such third party intellectual property rights;
  • f) Any damage or loss direct or indirect to the User by use of the information by the User of this Services and/or Platform; or
  • g) Breach of any of the warranties and/or representations under this Agreement.

The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You agree, undertake and confirm to cooperate with us in asserting any available defenses.

12. PRIVACY

When You use the Services and/or Platforms, the Company will collect certain personally identifiable information from You as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at the website rewards.selectcitywalk.com.

13. VIOLATION OF TERMS/ ANY SUSPICIOUS ACTIVITY

The Company reserves the right, in the event You breach the Terms stipulated herein, to suspend terminate and/or delete Your access to the Platform and/or Services, with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for temporary or permanent suspension, or terminating Your access to the Platform.

Without prejudice to the foregoing, the Company may also terminate or suspend (temporarily or permanently) all or a portion of Your account or access to the Services, with or without any reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include:

  • a) removal of access to all offerings within the Platform or with respect to the Services;
  • b) barring You from further use or access of the Platform or of any of the Services; and
  • c) forfeiture of the rewards existing in Your Account at the time of such termination.
  • d) permanent deletion of the account

Once terminated or suspended (temporarily or permanently), You shall not be entitled to continue to use the Platform under the same Account, a different Account or re- register under a new Account and Your right to procure the Services on the Platform shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including, but not limited to, Your login and Account Information.

Upon termination or suspension of these Terms of Use, the Company shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Your account from the Services and/or modification of Your ability to access the Services upon any breach by You of these Terms or if the Company is unable to verify or authenticate any information that You submit to the Company and/or the Platform, or if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for the Company to be able to provide/offer the Services on the Services to You. The right to terminate/ suspend the account is in addition to, and without prejudice to, the Company's right to initiate action against You in accordance with applicable law.

Any suspension, termination, or cancellation will not affect Your obligations to the Company under the Terms which by their nature are intended to survive such suspension, termination, or cancellation. For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of clause 10 (Representation, Warranties, Undertakings and Indemnity), clause 14 (Ownership of Intellectual Property Rights), clause 17 (Disclaimer of Warranties), clause 18 (Limitation of Liability), and clause 19 (Applicable Law and Dispute Settlement) shall survive and remain in full force and effect, but the provisions of clause 15(Your License to Use the Services) shall be suspended, terminated or cancelled, as the case may be.

Notwithstanding any such termination/suspension, the Company may, at its sole discretion, retain such information collected from You through the Platforms and/or the Services provided therein for as long as necessary, depending on the type of information, purposes, means and modes of usage of such information; and according to any other rules and/or applicable laws.

14. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS (COPYRIGHT & TRADEMARK)

The Company and retailers/ occupiers within Select CITYWALK expressly reserve all intellectual property rights in all text, products, logo, trade / brand name, processes, technology and other materials, which appear on the website, Platform and / or SCW Mobile App. Select CITYWALK name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website and / or Platform. Access to the website and / or SCW Mobile App does not authorise anyone to use any name, logo or mark in any manner.

For the sake of brevity, it is expressly clarified herein that any and all contents on the Platforms shall belong solely and exclusively to the Company and / or respective company/s. Copying any such protected Content from the Platform for any purpose, whether commercial or otherwise, shall be a violation of the intellectual property rights and the Company / owner reserves all its rights and remedies in law in relation to such violation.

All other trademarks not owned by the Company that appear on the Services, are the property of their respective owners, who may or may not be affiliated with or connected to Company/Mall and we do not claim any right, interest or affiliation with such third parties.

Any software, including codes or other materials that are made available to download from the Services, belongs to the Company and/or its suppliers, group companies and affiliates. Once the User downloads the Services, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. The User may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction, use or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of the Company in the case of codes or other downloadable materials.

15. YOUR LICENSE TO USE THE SERVICES

When You use Our Services or the Platforms, You may access intellectual property rights that We or Our licensors own or license. Subject to Your compliance with the terms and conditions of these Terms of Use, the Company grants You a limited, non- exclusive, non-transferable and revocable license, without the right to sub-license, to access and use the Services and to download and print any Content provided by the Company solely for Your personal purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Terms.

16. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Platforms or in the Services that contains typographical errors, inaccuracies or omissions that may relate to pricing, promotions, offers, and availability ("Errors"). We reserve the right to correct any such Errors and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. You agree and confirm that We shall not be held liable for any damages or losses that may arise due to such errors, inaccuracies and/or omissions.

17. DISCLAIMER OF WARRANTY

The Platforms and any Content therein are provided "as is", and We do not represent or warrant that the Platforms will always be available, accessible, uninterrupted, timely, secure, accurate, complete, error-free or will operate without data loss, nor do We warrant any particular quality of the web site, software or services.

We disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the Platforms and/or any part thereof or any Content whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any and all:

  • a) warranties of merchantability,
  • b) warranties of suitability for any purpose (whether or not we know, we have reason to know, We have been advised or We are otherwise aware of any such purpose),
  • c) warranties of non-infringement or condition of title, and
  • d) warranties that the Platforms will operate without interruption or error.

We shall also not be liable to you for any third party services that are availed in the form of any kind of offers, promotions, coupons provided in lieu of the rewards accrued by you. You acknowledge and agree that you have relied on no warranties.

The Company and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement and merchantability for a particular purpose.

The Company and/or its affiliates expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, timeliness and performance of the Services or that the Services will be error free or that any errors will be corrected. No advice or information provided to you by the Company will create any liability or warranty that is not expressly stated in these terms of service.

18. LIMITATION OF LIABILITY

In no event will, the Company and/or its affiliates be liable to you and/or the third party(ies) for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of, or in connection with, Your use of the Services and/or the Platforms and/or the Content, whether the damages are foreseeable, and/or whether or not the Company has been advised of the possibility of such damages in advance. If you are dissatisfied with the Services and/or the Platforms and/or the Content, your sole and exclusive remedy is to discontinue using the Services.

Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to Your use of the Services and/or the Platform and/or the Content and/or Our relationship with You, must be brought within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.

We and/or Our affiliates shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, act of god, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to us or to you.

Without limiting the generality of the foregoing, We may provide and/or make available and/or otherwise reproduce third party content and/or part thereof on the Services and/or may provide links to web pages and content of third parties as part of the Services to those interested in such third party content. We do not monitor or have any control over any third party content or third party web sites. We do not endorse or adopt any third party content and make no guarantee whatsoever as to its accuracy, reliability or completeness. We do not represent or warrant the accuracy of any information contained therein, and we undertake no responsibility to update or review any third party content. You use such third party content contained therein solely and entirely at your own risk.

19. APPLICABLE LAW AND JURSDICTION

Any dispute, claim or controversy arising out of or relating to these Terms of Use, including the determination of the scope or applicability of this Agreement to arbitrate, or Your use of the Platform or the Services or information to which it gives access, shall be governed by and construed in accordance with the laws of India. You consent to the exclusive jurisdiction of the courts of New Delhi, for any and all disputes arising under or in connection with this Agreement.

All disputes, if any, arising out of or in connection, with or as a result of this Select CITYWALK Rewards Program, shall be amicably resolved by both parties and decision of the Operation Head of Select CITYWALK shall be final and binding. The SCW-RP Program is subject to the jurisdiction of the competent courts/ tribunals at New Delhi alone.

20. SEVERABILITY

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

21. FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Services ("Feedback"). You may submit Feedback by emailing us at contact@selectcitywalk.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy, edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

21. GENERAL

Relationship of the Parties: You acknowledge and agree that nothing in this Agreement, including, but not limited to, registration with our Platform, constitutes an agency agreement or creates or acknowledges a principal-agent relationship between You and Us or makes Us partners, joint venturers or otherwise participants in a joint undertaking. Our relationship shall solely be one of an facilitator-consumer relationship.

Notices: Notices by You to us hereunder shall be invalid unless made in writing (email or registered mail with return receipt requested) to the email address or mailing address listed on the Platforms. Notices by Us to You may be made in any manner We deem appropriate in our sole discretion.

Assignment and Delegation: You may not transfer Your account or assign any of Your rights or delegate any of Your duties under this Agreement without Our prior written approval. We may freely transfer, assign or delegate this Agreement or its rights and duties under this Agreement. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

Confidentiality: You must keep any information you obtain relating to our software, Services and the Platforms confidential and will not use such information for any purpose that is not specifically provided for in this Agreement or authorized by us in writing.

No Waiver: Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.

Headings: The headings used in this Agreement are intended for convenience of reference only and in no way define, limit or describe the scope or substance of any of its provisions.

Prevailing Language: The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.