Our commitment to clarity, fairness and your rights.
Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between you and Nupi.
The Nupi Services are not available to persons under the age of 18.
The Nupi Services used by you is subject to your adherence with the T&Cs. As long as you accept and comply with these T&Cs, Nupi grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Nupi Platform and/ or avail the Nupi Services.
By accepting to the T&Cs, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Further, by accepting to the T&Cs, the third-party users also accept the same by consenting the Nupi to make available the Nupi platform to their users. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Nupi reserves the right to suspend or permanently prevent you from availing Nupi’s services or using the Nupi Platform.
Additional terms and conditions may apply in order for you to avail specific Nupi Services and to specific portions or features of the Nupi Platform, including contests, promotions, rewards, loyalties and recognition or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Nupi Platform or for any Nupi service offered on or through the Nupi Platform, the latter terms shall control with respect to your use of that portion of the Nupi Platform or the specific Nupi Service. Nupi may make changes to any Nupi Services offered on the Nupi Platform, or to the applicable terms for any such Nupi Services, at any time, without notice.
For the purposes of availing the Services through the Nupi Platform, Nupi may collect the following personal information from you:
Name
Email address
Address (including country/ State/ and/ postal code)
Shipping address
Gender
Age
DOB
PAN card
Bank details (Account No. and IFSC code)
Mobile Number
Password chosen by the User
Other details as you may volunteer.
The use/ access of the Nupi Platform is only available to natural persons, other than those who are ‘incompetent to contract’ under the Applicable Law of the relevant jurisdictions, that is, persons including minors, un-discharged insolvents etc. are not eligible to use/ access the Platform. By accessing or using the Platform, you accept the terms of these Terms of Use and represent and warrant to Nupi that you are ‘competent to contract’ under the contract Act and have the right, authority and capacity to use the Platform and agree to and abide by these Terms of Use.
The Platform uses temporary cookies to store certain data that is used by Nupi for the technical administration of the Platform, research and development and for Nupi administration. Without prejudice to the foregoing you agree that Nupi shall not be held liable or responsible for 'phishing attacks' on you. You may accept or decline the cookies when you access Nupi Platform. It is the User’s responsibility to set his/ her browser to alert him/ her to accept or to reject cookies.
By accepting the T&Cs, you accept the following:
Nupi may send alerts to the mobile phone number provided by you while registering with the Nupi Platform or on any updated mobile number subsequently provided by you on the Nupi Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then you may not get the alert at all or get delayed messages.
Nupi Services integrate with many third-party users and these third-party users may define the sms content to reach their users on behalf of them.
Nupi will make best efforts to provide alerts via SMS/ e-mail/ push notifications and it shall be deemed that you shall have received the information sent from Nupi as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Nupi Platform or availing any Nupi Services. Nupi shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Nupi liable for non-availability of the SMS/ email alert/ push notifications service in any manner whatsoever.
You authorize Nupi to contact you and communicate with you for any Nupi Service or Offer(s). Nupi may use third party service providers to send alerts or communicate with you. You authorize Nupi to override the DND settings to reach out to you over calls, SMS, emails and any other mode of communication.
The SMS/ e-mail alert/ push notification service provided by Nupi is an additional facility provided for your convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event that you observe any error in the information provided in the alert, Nupi shall be immediately informed about the same by you and Nupi will make best possible efforts to rectify the error as early as possible. You shall not hold Nupi liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by you on account of the SMS/ e-mail alert/ push notification facility.
The clarity, readability, accuracy and promptness of providing the SMS/ e-mail alert/ push notification service depend on many factors including the infrastructure and connectivity of the service provider. Nupi shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
Nupi Services integrate with many third-party applications (hereinafter "Third Party Application(s)". Access and use of the third-party Applications may require acceptance of terms of service and privacy policies applicable to such Third-Party Applications (hereinafter "Third Party Terms").
You will indemnify and hold harmless Nupi and the SMS/ e-mail 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 Nupi 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 misuse by you or improper or fraudulent information provided by you.
You understand that except for information, products or services clearly indicated as being supplied by Nupi, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Nupi cannot and does not guarantee or warrant that files available for download through the Nupi Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for accuracy of data input and output.
By accessing or using the Nupi Platform or by availing Nupi Services, you agree not to:
violate the T&Cs;
impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Nupi Services, perform any other similar fraudulent activity or otherwise avail Nupi Services with what we reasonably believe to be potentially fraudulent funds;
infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to Nupi;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Nupi Services and the Nupi Platform or features that enforce limitations on the use of the Nupi Services or the Nupi Platform;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Nupi Services or Nupi Platform or any part thereof
use the Nupi Services or the Nupi Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Nupi Services or the Nupi Platform in an automated manner;
modify, adapt, translate or create derivative works based upon the Nupi Services and the Nupi Platform or any part thereof
intentionally interfere with or damage operation of the Nupi Services or the Nupi Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
use any robot, spider, other automatic device, or manual process to monitor or copy the Nupi Platform without prior written permission;
interfere or disrupt the Nupi Platform or networks connected to the Nupi Platform;
take any action that imposes an unreasonably or disproportionately large load on Nupi’s infrastructure/ network;
use any device, software or routine to bypass the Nupi Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Nupi Services;
forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Nupi Platform or to manipulate your presence on the Nupi Platform;
sell the Nupi Services, information, or software associated with or derived from it;
use the facilities and capabilities of the Nupi Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of Nupi and others;
breach this Agreement, or any other agreement or policy as may be applicable pursuant to the T&Cs;
provide false, inaccurate or misleading information;
use the Nupi Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Nupi Platform, except and only as expressly provided in the T&Cs;
avail Nupi Services with what Nupi reasonably believes to be potentially fraudulent funds;
use the Nupi Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Nupi, a third party or you;
take any action that may cause Nupi to lose any of the Nupi Services from its service providers or lose any of its business partners, or other suppliers/ dealers etc;
cyber bully which hamper our user engagement or lose any of the Nupi Services from its service providers or lose any of its business partners, or other suppliers/ dealers etc.
Use the app for any commercial use without the prior permission of Nupi.
Nupi is not responsible if vouchers/ gift cards are lost, stolen, destroyed or used without permission. Nupi will have the right to close user account and take payment from alternative form of payment if a fraudulently obtained gift card or voucher is redeemed and/ or used to make purchases on Nupi platform. Nupi fraud prevention policies will cover both the purchases of vouchers/ gift cards and redemption on Nupi platform. Transactions that are deemed suspicious by fraud prevention policies may be disallowed by Nupi. Nupi reserves the right to cancel fraudulently obtained/ purchased vouchers/ gift cards and put restrictions on suspicious accounts as deemed appropriate by our fraud prevention systems.
You agree that Nupi, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Nupi Services/ Nupi Platform and remove and discard on the Nupi Platform all or any part of your account, your user profile, or your recipient profile, at any time. Nupi may also in its sole discretion and at any time discontinue providing access to the Nupi Services, or any part thereof, with or without notice. You agree that any termination of your access to the Nupi Services/ Nupi Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Nupi will not be liable to you or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies, Nupi may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Nupi Services/ Nupi Platform.
In no event, Nupi or its holding or subsidiary company or its contractors, agents, licensors, partners, directors, employees, suppliers, affiliates or any related party of Nupi will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the Nupi Services, the Nupi Platform or any reference site/ app/ platform/ service; or (iii) Your use or inability to use the Nupi Services, the Nupi Platform (including any and all materials) or any reference sites/ app/ platform/ service, even if Nupi or a Nupi authorized representative has been advised of the possibility of such damages. Notwithstanding anything contained elsewhere, in all cases, Nupi shall be only liable for a maximum of charges collected on a transaction under dispute for any indirect, incidental, punitive, special or consequential damages or losses (including without limitation loss of profit or revenue etc.), whether under contract or in tort. Nupi’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
You agree to indemnify, save, and hold Nupi or its holding or subsidiary company, or its affiliates, employees, officers, directors and partners or any person related to Nupi, harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) your use or misuse of the Nupi Services or of the Nupi Platform; (ii) any violation by you of this Agreement or (iii) any breach of the representations, warranties, and covenants made by you herein. Nupi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Nupi, including rights to settle, and you agree to cooperate with Nupi’s defense and settlement of these claims.
Further, nothing in this agreement shall render Nupi liable for any criminal offenses arising from actions or omissions related to this agreement. Any disputes or claims arising under this agreement shall be subject exclusively to civil liability, with any remedies sought limited to compensatory damages or specific performance, as determined by a court of competent jurisdiction.
This clause aims to clearly delineate that the agreement does not expose Nupi to criminal prosecution but rather only to civil claims in case of breach or dispute.
This paragraph shall survive termination of this Agreement.
To the fullest extent permissible pursuant to applicable law, Nupi and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness, durability, for a particular purpose, and non-infringement of proprietary rights relating to the products redeemed by a user. No advice or information, whether oral or written, obtained by you from Nupi or through the Nupi Services or the Nupi Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “Nupi” includes Nupi’s officers, directors, employees, affiliates, any person related to Nupi. You expressly agree that use of the Nupi Services on the Nupi Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally.
The Nupi Services and the Nupi Platform are owned and operated by Nupi. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Nupi Services and the Nupi Platform provided by Nupi (hereafter Materials) are protected by Indian copyright, patent, and trademark laws, and all other relevant intellectual property and proprietary rights, and applicable laws. You acknowledge that all text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, audio-video, artwork, software, and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Nupi platform present on the Websites is owned by us and that such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws. You agree not to remove, obscure, or alter Nupi or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Nupi Services/ Nupi Platform. Except as expressly authorized by Nupi, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. Nupi reserves all rights not expressly granted in this Agreement. If you have comments regarding the Nupi Services and/ or the Nupi Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Nupi, and shall assign to Nupi, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Nupi reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Nupi Platform or otherwise communicating the notification to you. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Nupi Services/ Nupi Platform.
Nupi may provide you with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Nupi Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Nupi must be sent by courier or registered mail to Nupi Infotech Limited, Mahakali Caves Road, Andheri East, Mumbai - 400093
The failure of Nupi to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Nupi.
If any dispute, controversy or claim arises under this Agreement or in relation to any Nupi Service or the Nupi Platform, including any question regarding the breach, existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such disputes amicably. If the parties are unable to resolve the dispute amicably within 30 days of the notice of such dispute, Nupi may elect to resolve any dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a an arbitrator, appointed in accordance with the Act, as mutually decided between both the parties The seat of the arbitration shall be Mumbai and the language of this arbitration shall be English. The decision of the arbitrator(s) shall be final and binding on the Parties and may be entered as a judgment in any court of competent jurisdiction.
Either you or Nupi may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai necessary to protect the rights or the property belonging to you or Nupi (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Nupi may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Nupi. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
In addition to the T&Cs, reward redemption is subject to standard and specified terms and conditions. Hence, any damages, injuries, losses incurred by you as a result of using the reward is not the responsibility of Nupi and its affiliates, and each of their directors, officers, employees.
Nupi makes no representations or warranties, express or implied, regarding the validity, accuracy, or availability of the points redeemed by the user. The user acknowledges that Nupi assumes no responsibility or liability for any errors, discrepancies, or issues that may arise in connection with the points redemption process.
Nupi makes no representations or warranties regarding the guarantee, fitness, legality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, quality, or appearance of any products or services redeemed. Users acknowledge and agree that the Nupi assumes no responsibility for the condition, performance, or aesthetic aspects of redeemed products or services. Any issues or disputes related to redeemed products or services shall be directed solely to the respective manufacturer or service provider, and Nupi shall not be liable for any damages, losses, or claims arising from such issues.
At no time shall any right, title or interest in the products sold through or displayed on the website vest with Nupi nor shall Nupi have any obligations or liabilities in respect of any transactions/ products/ services redeemed on the website.
These “Terms” and “Conditions of Use” (“Terms/ Terms and Conditions”) constitute an electronic record within the meaning of the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms shall be in addition to and not in derogation to any other terms as stipulated from time to time. By using this facility on the Nupi Platform, you are agreeing to and accept these terms.
Any failure or delay by Nupi to enforce or exercise any provision of these terms, or any related right, shall not constitute a waiver by Nupi of that provision or right. The exercise of one or more of a Nupi’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to Nupi under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of Nupi.
If performance under these Terms by Nupi is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Nupi and could not have been prevented by reasonable precautions then the Nupi shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Nupi of its obligations herein.
You represent and warrant to Nupi that you have sufficient experience and knowledge to make informed decisions to purchase/ redeem products. You acknowledge that you are making all of your own decisions in connection with the same and that you have not relied on any information made available by Nupi, and that Nupi is not making any recommendation with respect to such purchases/ redemption. No relationship, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, contractual or otherwise exists between you and Nupi. Further, these terms do not constitute any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship between you and Nupi.
Nupi, Nupi pay logo, the names of individual Services and their logos are trademarks of Nupi Infotech Limited. You agree not to display or use, in any manner, the Nupi trademarks, without Nupi’s prior permission.
Users are responsible for maintaining the security of their account credentials, and they should promptly notify Nupi of any unauthorized access of use of their account.
Certain rewards or benefits may have specific redemption limitations or restrictions, and these will be communicated at the time of reward redemption.
In the event of disputes or disagreements, users should contact Nupi program’s customer support at support@nupipay.com for resolution. Any decisions made by Nupi regarding disputes will be final and binding.
Users are responsible for complying with all applicable local, state, and national laws and regulations related to their participation in the loyalty program.
Nupi shall not be liable for any failure or delay in the performance of its obligations under the program due to events beyond its control, including but not limited to acts of nature, war, or other unforeseen circumstances.
Nupi has the right to change or terminate the program, without any prior notice.
Nupi will have the right to use the data for future marketing campaigns.
Nupi has the authority to terminate the membership of any user, without any prior notice if the concerned party is found misusing the program, for any reason whatsoever.
In case a user decides to opt out of the loyalty programme, the reward points will be forfeited either by us/ third party users, at any point of time
Nupi: Nupi refers to Nupi Infotech Limited, and includes its holding and subsidiary companies, or its contractors, agents, licensors, partners, directors, employees, suppliers, affiliates or any related party of Nupi.
You/ you/ Your, or Customer shall mean the counterparty who uses the Nupi Platform/ Platform, being a natural person.
Terms and conditions: ‘Terms and conditions’ shall mean these Terms and conditions, and all annexure(s) and amendments made to this Terms and Conditions from time to time.Affiliate: It shall mean in relation to Nupi, Nupi and every other company which is for the time being a joint venture or associate or subsidiary or holding company of Nupi or a subsidiary of any such holding company (where “subsidiary” and “holding company” shall have the meanings ordinarily given to them in the Companies Act, 2013). Person that directly, or indirectly through one or more intermediaries, owns or controls, is owned or is controlled by, or is under common ownership or under common control with a Party, control with another Person for as long as such control exists. As used herein, “control” or any correlative form thereof shall means the power to direct the management or affairs of a Person, and “ownership” means the beneficial ownership of at least 10% of the voting securities of the Person, or if such entity is not a corporation, the ability to control the day to day operations and business of such entity, (together, the “Authorized Recipients”). The Company shall be deemed to control any settlement network in which it has any equity ownership.
Nupi platform: It shall mean technology developed or owned by the Nupi to provide services outlined under this agreement.
Third-party/ third-party users: It shall mean the brands and users with which Nupi may integrate to provide the services, for which the Nupi platform may be used.
Intellectual Property Rights: ‘Intellectual Property Rights’ (IP) shall mean and include (i) all current and future rights, title and interest under any statute or under common law, in any Intellectual Property or any similar right, anywhere in the world, whether negotiable or not and whether register-able or not, (ii) any licenses, permissions and grants in any of the foregoing; (iii) applications for registering any of the foregoing and the right to apply for them in any part of the world; and (iv) all extensions and renewals thereto.