General Terms and Conditions for Promotional Activity
Applicable for India Contests and promotional citivites
These General Terms and Conditions for Promotional Activity (“T&C”) shall be applicable to all promotional activity including all offer(s), promotion(s), campaign(s), contest(s), draw(s) etc. as may be offered or run by Truecaller from time to time (“Promotional Activity”). Notwithstanding anything contained otherwise in any Promotional Activity specific terms and conditions, or otherwise, in case of any conflict, these T&C shall prevail over any other terms and conditions. By proceeding with registration / participation in a Promotional Activity, each participant (“You”) always undertake that You have read and understood these T&C and agree to be bound by these T&C.
- 2.You are eligible to participate in a Promotional Activity only if such Promotional Activity is actually offered to You and You maintain a Truecaller profile
- 3.In addition to this T&C, You hereby acknowledge and accept the scheme and modalities of a given Promotional Activity in its entirety, including the absolute sole discretion of Truecaller to conceptualize, determine, implement or vary the eligibility, methodology, implementation, selection, determination or any aspect in any manner, of a Promotional Activity.
- 4.An employee or a relative of an employee of Truecaller and/or its affiliate(s) and vendor(s) is ineligible to participate in a Promotional Activity.
- 5.A eligible participant can enter in a Promotional Activity only once through an eligible and valid entry. Multiple entry from multiple aliases is not allowed.
- 6.By participating in a Promotional Activity, you agree that Truecaller may use your name and image for advertising and promotional purposes, without additional consent from or compensation to you.
- 7.A participant who is a resident of a state/union territory of India and/or who is subject to applicable law which: (i) restricts offering of a Promotional Activity to such participant; or (ii) prohibits a participant’s participation in a Promotional Activity; shall be ineligible to participate in such Promotional Activity, and such Promotional Activity shall be deemed to have not been offered to such proposed participant.
- 8.Unless otherwise specified, successful participant(s) will be selected on a random basis from amongst eligible and valid entries including by utilizing automated computer program. The selection of successful participant, its methodology or any other aspect in any manner shall be at the sole absolute discretion of Truecaller and the decision of Truecaller shall be final and binding on all participants including You.
- 9.The adjudged successful participant(s) of a Promotional Activity eligible to receive a physical object as a reward will be contacted by the Truecaller team by telephone or email or in-app communication or in any other manner provided, typically within five (5) working days from the end of a Promotional Activity. Successful participant(s) must reply to Truecaller in writing within five (5) working days from such receipt of communication by providing their complete mailing address, phone number, email address and other relevant contact details to claim their reward. In the event a communication in writing with the requisite details is not received from the successful participant(s) within the stipulated time period then such successful participant(s) will be considered as disqualified to claim any reward under such Promotional Activity.
- 10.Each successful participant(s) eligible for a reward under any Promotional Activity shall be solely responsible and liable for payment of all applicable taxes and/or other levy, as may be applicable, for such reward or which is attributable to their participation in a Promotional Activity. Further, the successful participant(s) will be solely responsible and liable for all and any expense in relation to the acceptance of a reward in a Promotional Activity and Truecaller shall in no way be liable or responsible for the same.
- 11.A Promotional Activity is merely a limited promotional campaign and participation in a Promotional Activity is voluntary. By participating in a Promotional Activity, You agree to receive communication(s) in all forms (including email, SMS, voice, in-app etc.) from Truecaller and/or its representatives, and You unconditionally discharge (and waive all rights/claims You may have or acquire) Truecaller, its affiliates, employees, partners, representatives, consultants etc. from any and all liability or claim which You may have/acquire in relation to a Promotional Activity against either of them.
- 12.All successful participant(s) of a Promotional Activity are subject to verification, including without limitation, verification of eligibility through checks as deemed appropriate by Truecaller and complete compliance with these T&C. Truecaller reserves the right to verify the details of a successful participant(s) either on its own or through its authorized representative and the successful participant(s) shall provide all necessary assistance for such verification. In exercising this right, Truecaller may require successful participant(s) to provide documentary or other form of evidence, and upon perusal of the information provided, Truecaller may in its sole discretion determine the eligibility of a participant to receive a reward in a Promotional Activity.
- 13.Truecaller will not be responsible or liable for: (a) any failure to receive submission(s) due to transmission failure(s) or due to other conditions beyond its reasonable control; (b) any late, lost, misrouted, or damaged transmissions or entries or reward; (c) any computer or communications related malfunctions or failures; (d) any disruptions, losses or damage caused by event(s) beyond control of Truecaller; (e) any printing or typographical error(s) in any reward associated with a Promotional Activity; or (f) any delay, damage, non-receipt, lost, or misrouted reward; or (g) any malfunctioning, merchantability, defective or damaged reward received by successful participant(s).
- 14.Truecaller reserves the absolute right to amend or vary the T&C, or cancel or discontinue any Promotional Activity or any part thereof, without giving any reason or prior notice. Reward is non-transferable, non-negotiable, non-exchangeable and subject to availability. Truecaller reserves the right to substitute the reward in a Promotional Activity with other reward, in its sole discretion.
- 15.You agree and accept that your personal data, such as name, phone number, email address, address etc., may be collected, processed, shared or otherwise used for the purposes of Promotional Activity including analytics. The data may also be used (and reasonably retained) by Truecaller in order to verify the participant’s identity or to otherwise verify the participant’s eligibility to participate in Promotional Activity.
- 16.Decision of Truecaller in relation to a Promotional Activity and all matters connected or incidental thereto shall be final and binding on You. Dispute or grievance, if any, in respect of a Promotional Activity should be emailed to Truecaller at: [email protected]
- 17.Under any circumstance, Truecaller shall not be liable for any special, indirect, incidental, punitive or consequential damages, or for lost business, lost data or lost profits / opportunity etc., arising out of or in connection with a Promotional Activity. Further, notwithstanding anything contained otherwise, under any circumstance the aggregate maximum liability of Truecaller: (i) to You shall not exceed INR 100 (Indian Rupees One Hundred only) for all Promotional Activities; and (ii) to all participants of a Promotional Activity shall not exceed INR 1000 (Indian Rupees One Thousand only).
- 18.Any dispute or conflict arising out of or in relation to a Promotional Activity shall be settled by a court of competent jurisdiction in New Delhi, which court shall have exclusive jurisdiction over any legal proceeding(s) emanating under this T&C.
- 19.No failure or delay on the part of Truecaller relating to the exercise of any right, power, privilege or remedy provided under this T&C or otherwise shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by You nor shall any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of such or any other right, power, privilege or remedy, all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to Truecaller at law, equity or otherwise.
- 20.This T&C constitutes the entire agreement between You and Truecaller concerning the subject hereof; and cannot be assigned (and any attempted assignment in violation of the foregoing restriction is void). If any provision of this T&C is unenforceable, that provision will be modified to render it enforceable to the extent possible to effect the intention hereunder and the remaining provisions will not be affected.