Simmba Program Terms & Conditions
BY APPLYING ON PORTAL OR SUBMITTING LEADS ON THE PORTAL, OR BY ACCESSING AND USING THE PORTAL IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS IN FULL, THEN YOU SHOULD NOT USE OR OTHERWISE ACCESS THE PORTAL AND YOU MUST EXIT NOW.
- “Products” shall mean the products and services of Mswipe as may be communicated from time to time.
- “Qualified Merchant” shall mean a merchant lead shared by you:
- who enters into a binding agreement with Mswipe for availing Products; and
- Undertakes a transaction of Rs. 5,000 (Rupees Five Thousand) or more through Mswipe’s Product.
- “Simmba Code” shall mean the unique code assigned to you by Mswipe upon successful completion of your registration.
OVERVIEW OF THE PROGRAM
- You shall promote the Products and shall carry out all marketing and promotional activities necessary to enhance demand of the Products. It will be expected out of you to guide prospective merchants about Mswipe’s Products.
- Mswipe may provide marketing material (in electronic/physical form as applicable) to you which may include Mswipe’s Starter kit, brochures, designs and other content for marketing communication (“Marketing Material”). You shall not make any changes, modifications, deletions, additions or alterations to Marketing Material and shall use the same in the manner directed by Mswipe. Mswipe does not warrant accuracy and completeness of the Marketing Material and clarifies that the same is only for reference purposes. You can take a print out of the brochures present in the Mswipe Starter Kit or share a digital version of the same with merchants.
- You shall fill in the information (name and mobile number) of the merchant who wants to avail Mswipe’s Products in the lead form along with your Simmba Code and upload such lead form by clicking on the ‘Submit’ button provided below the lead form on the Portal. You represent and warrant to Mswipe that you have taken consent of the merchant and have complete authorisation for submission of his information and shall be responsible for any claim against Mswipe due to any breach of such representation and warranty.
- You shall mention your Simmba Code every time you upload a merchant’s details. Any failure to mention the Simmba Code while uploading a merchant’s details in the lead form, will result in Mswipe not transferring any Commission to your bank account incase if you qualify for the commission due to merchant signing up with Mswipe.
- The lead form can be accessed via the simmba.mswipe.com website and via the link provided to you after you have completed your registration. It will also be emailed to your registered email address. Please make sure you save/bookmark the link as this is the only way to submit the merchant details.
- Mswipe may, in its sole and absolute discretion, onboard or reject a merchant shared by you and Mswipe’s decision in this regard shall be final and binding on you.
- You shall:
- make no representations and warranties attributable to Mswipe or with respect to the Products nor shall it make any false or misleading representations about the ownership, specifications, features or capabilities of the Products that are inconsistent with those communicated by Mswipe, which is in written form. Further, you agrees and acknowledge that the Products shall at all times be marketed as the products of Mswipe and you shall not, in any manner represent to any person or market the Products as your own;
- you shall not incur any liability on behalf of Mswipe or give any credit or discount on behalf of Mswipe, unless authorised by Mswipe in writing;
- at all times comply with the applicable laws;
- not engage in any activity that may be considered fraudulent, invasive, or spamming;
- ensure the accuracy and completeness of all information submitted on the Portal pursuant to these Terms and Conditions.
COMMISSION AND PAYMENT TERMS
- Subject to the terms hereof, for each Qualified Merchant, Mswipe shall pay you a commission of Rs. 1,000/- (Rupees One Thousand only) (“Commission”).
- The Commission shall be given for a Qualified Merchant. Any subsequent installation/availment of Products by the Qualified Merchant will not qualify for a Commission.
- The Commission shall be payable only if the Qualified Merchant avails the Products at the price(s) mentioned in the National Pricing Circular.
- The Commission shall be paid on a monthly basis by direct transfer to your bank account. You shall not at any time change your bank account. In case of any dispute(s) regarding entitlement or computation of the Commission payable, the decision of Mswipe shall be final and binding on you.
- Payment of Commission by Mswipe shall be subject to deduction of applicable taxes.
- You recognize that you may be given and have access to our confidential information. Further, the merchant information shared by you with Mswipe, shall form part of Mswipe’s confidential information and Mswipe shall be free to use such information. You undertake not to use any such confidential information, for your own purposes except as permitted hereunder, without our prior written consent. You further undertake that you shall at all times during and after termination of these Terms and Conditions keep our confidential information confidential and not disclose to any third party. The contents of these Terms and Conditions shall also be kept confidential. Upon our request, you undertake to immediately return to us or (at our instructions) destroy or have destroyed our confidential information disclosed to you under these Terms and Conditions in any form whether physical or in machine readable. The provisions of this Section shall survive the termination of these Terms and Conditions.
- Mswipe may suspend or terminate the Program or a user’s ability to participate in the Program at any time for any reason.
- Mswipe reserves the right to suspend accounts or deny any Commission or review and investigate all lead sharing activities and to suspend accounts or modify referrals in its sole and absolute discretion.
- You shall indemnify, defend, and hold Mswipe including its representatives harmless from and against any liabilities, claims or demands relating to or may result in connection with these Terms and Conditions.
- Mswipe may amend/modify these Terms and Conditions at any time without prior notice. If Mswipe modifies these Terms and Conditions such modification/amendment shall be posted on the Portal or intimated to you at your registered email ID, and such modification/amendment shall be effective upon posting/email transmission. Continued participation in the Program/usage of Portal after any modification/amendment shall constitute consent to such modification/ amendment.
GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms and Conditions shall be governed by and construed in accordance with the laws of India. All disputes under these Terms and Conditions shall be referred to arbitration by sole arbitrator appointed by Mswipe. The proceedings of such arbitration shall be governed by the provisions of the Arbitration and Conciliation Act of 1996 (as amended from time to time) and shall be held at Mumbai, India. The parties shall be entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. Subject to the above, competent courts in Mumbai, India shall have exclusive jurisdiction over any of the disputes arising out of or in connection with these Terms and Conditions.
- These Terms and Conditions constitute the entire agreement between Mswipe and you with respect to the subject matter herein and supersedes all prior arrangements regarding such subject matter. The arrangement between Mswipe and you is non-exclusive and on principal to principal basis and nothing contained herein creates any agency or partnership or joint venture or employer/employee relationship between Mswipe and you. You shall not assign or transfer any of your rights and liabilities to any third party. No failure on the part of Mswipe to exercise or delay in exercising any of its rights will be deemed a waiver thereof, nor will any single or partial exercise preclude any further or other exercise of such or any other right. Any notices/communication to be given by a party to the other shall be sent by registered letter or email to the other party at the address/email ID last notified by such party. However any notice or communication sent by Mswipe to you via email or message on the registered email or registered mobile number shall considered a valid written notice and shall be deemed to have been duly served on the day such email, message or notification is sent. If any part of these Terms and Conditions is unenforceable because of any rule of law, public policy or for any other reason, such unenforceable provision shall be severed from these Terms and Conditions, and the remaining provisions shall remain in full force and effect. The provisions of these Terms and Conditions which by its nature survives shall survive the termination of arrangement between you and Mswipe.