Cookie policy

TERMS OF SERVICE AGREEMENT

EFFECTIVE AS OF 10-July-2023
LICENSE
1.1. AGREEMENT TO TERMS
This terms of service agreement ("terms") is a legally binding contract between you and Plum Benefits Pvt Ltd (hereinafter "us" or "we"), and governs your use of Plum Benefits Pvt Ltd’s website(s) ("sites"), content, official social media pages, and products (collectively, our "services"). By using this site and any of our services, you agree to these terms. you also agree to Plum Benefits Pvt Ltd’s privacy policy which is available here and incorporated into these terms here by reference. If you are outside of India, you consent to letting Plum Benefits Pvt Ltd transfer, store and process your information (including your personal information) in india. If you don’t agree to the terms, you can’t use any of our services and are prohibited from further access. additional posted guidelines and conditions of use ("conditions") may be applicable to products or specific areas of the services.
Important Notice: These Terms require the use of arbitration (Section 8 below) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1.2. UPDATES TO OUR TERMS, POLICIES OR CONDITIONS.
We can change these Terms, including our Privacy Policy and any Conditions, at any time. If a change is material, we’ll let you know by posting the amended Terms, Privacy Policy, or any Conditions on or within the Services, such as this page. It is your responsibility to periodically check the Terms of Service and Privacy Policy areas for changes. By using any of the Services on or after the Effective Date, as listed above, you agree to the updated Terms.
1.3. NO CHILDREN.
Our Services are directed to teenagers and adults and are not directed to children under the age of 14. You must be 14 years of age or older to use the Services. By using our Services, you affirm and represent that you are over 14. By using the Services, you represent and warrant that all information you submit is truthful and accurate. Plum Benefits Pvt Ltd does not knowingly collect personal information from anyone under 14. If we learn that someone under 14 is using our Services, we’ll terminate their account.
1.4. LIMITED LICENCE TO USE THE SERVICES.
Subject to these Terms, Plum Benefits Pvt Ltd grants you a non-exclusive, non-transferable, revocable limited licence subject to the limitations described in detail in these Terms to use the Services solely for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
1.5. THIRD PARTY SERVICES
If you use our Apps or Services on or through a third party service, you will be required to agree to and comply with their separate terms and conditions. You are responsible for full compliance and for fees that you incur when accessing the Services through third party services.
1.6. ACCOUNTS, USERNAMES, AND YOUR SECURITY RESPONSIBILITIES
You may be asked to provide Plum Benefits Pvt Ltd with certain personal information to establish an Account, which may include your name, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with Plum Benefits Pvt Ltd's Privacy Policy. You agree that you will supply accurate and complete information to Plum Benefits Pvt Ltd, and that you will update that information promptly after it changes. By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information.
YOU acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and insure to the benefit of Plum Benefits Pvt Ltd. Generally, accounts created with Plum Benefits Pvt Ltd will be considered active until we receive a user request to deactivate or delete them; However, we reserve the right to terminate any account that has been inactive for 180 days.
As part of the registration process you may be Plum Benefits Pvt Ltd required to select a username and password. You agree that your username and password is personal to you and should not be used to provide access to the Services to any other person or entity. You will be responsible for all activities occurring under your username and for keeping your password secure. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorised disclosure of your password, you must immediately notify Plum Benefits Pvt Ltd and modify your password Information; We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Plum Benefits Pvt Ltd reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights or is deemed by us to be offensive.
1.7. ACCESS RULES AND RESTRICTIONS
To ensure that everyone can enjoy the Services, we list a number of rules and restrictions that apply to your use of the Services and are a condition of your Limited License grant, including the following:
You must be 18 or over to use the Services.
You must restrict access to any account by children under the age of 18. You accept responsibility for any unauthorised use of the Services by minors in connection with your Account and are fully responsible for any use of your credit card or other payment instrument (e.g. Apple App Store, PayPal and Facebook Credits) by minors;
You shall not create an account using a false identity or information, or on behalf of someone other than yourself;
You shall not use the Services if you have previously been removed by Plum Benefits Pvt Ltd or previously been banned from playing any Plum Benefits Pvt Ltd game;
You shall use the Services only for non-commercial purposes;
You shall not use the Services or your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
You shall not use the Services or your Account to engage in any illegal conduct;
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited licence granted, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the services including undermining or manipulating the legitimate operation of any Plum Benefits Pvt Ltd game is a violation of Plum Benefits Pvt Ltd policy and may be a violation of criminal and civil laws.
You agree that you will not, under any circumstances:
Engage in any act that Plum Benefits Pvt Ltd deems to be in conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
Make improper use of Plum Benefits Pvt Ltd’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
CHEATING AND HACKING
You agree that you will not, under any circumstances:
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Services or any Plum Benefits Pvt Ltd game experience;
Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorised third-party software designed to modify or interfere with the Service or any Plum Benefits Pvt Ltd game experience;
Without Plum Benefits Pvt Ltd’s express written consent, modify or cause to be modified any files that are a part of the Services;
Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Services or any Plum Benefits Pvt Ltd game environment (each a "Server"); or (2) the enjoyment of the Services or any Plum Benefits Pvt Ltd game by any other person;
Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services; or i. Attempt to gain unauthorised access to the Services, Accounts registered to others or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by Plum Benefits Pvt Ltd, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services;
OFFENSIVE OR INFRINGING CONTENT
You agree that you will not, under any circumstances:
Post any information that is abusive, threatening, bullying, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive, in Plum Benefits Pvt Ltd’s sole determination, including but especially directed at minors;
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Plum Benefits Pvt Ltd employees, including Plum Benefits Pvt Ltd’s customer service representatives; or
Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Plum Benefits Pvt Ltd employee;
COMMERCIAL ACTIVITY
You agree that you will not, under any circumstances:
Without Plum Benefits Pvt Ltd’s express written consent, use the Services or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale;
Use the Services or any part thereof for performing in-game services, such as levelling-up and item collection services, in exchange for payment outside the Services; or Transmit unauthorised communications through the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items; UNAUTHORISED USE OR CONNECTION TO THE SERVICE
You agree that you will not, under any circumstances:
Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms; r. Use any unauthorised third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Services or that is in transit from or to the Services. Plum Benefits Pvt Ltd may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Bypass any robot exclusion headers or other measures we employ to restrict access to the Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Services, or harvest or manipulate data;
Use, facilitate, create, or maintain any unauthorised connection to the Services, including without limitation (1) any connection to any unauthorised server that emulates, or attempts to emulate any part of the Services; or (2) any connection using programs, tools, or software not expressly approved by Plum Benefits Pvt Ltd;
Except where permitted by law or relevant open source licences, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by Plum Benefits Pvt Ltd; or
Copy, modify or distribute rights or content from any Plum Benefits Pvt Ltd site or game, or Plum Benefits Pvt Ltd’s copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms;
COLLECTION AND PUBLICATION OF PERSONAL INFORMATION You agree that you will not, under any circumstances:
Solicit or attempt to solicit personal information from other users of the Services; Collect, harvest or post anyone’s private information, including personally information (whether in text, image or video form), identification documents, or financial information through the Service; or
upload or transmit or attempt to upload or transmit, without Plum Benefits Pvt Ltd’s express permission, any material that acts as a passive or active information collection or transmission mechanism.
Without limiting the generality of the foregoing rules and restrictions, Plum Benefits Pvt Ltd reserves the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, edit or remove any material, content or service area for any reason;
Deactivate or delete your account(s) and all related information and files in your account(s);
Establish general practices and limits concerning use of our sites and Services.
You agree that Plum Benefits Pvt Ltd will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements and administrative messages from us or from our partners, and that these are considered part of the Services. The above is not a complete list of restricted prohibited uses of the Service. Our Services are subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.
1.8. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE
Without limiting any other remedies, Plum Benefits Pvt Ltd may limit, suspend, terminate, modify, or delete accounts or access to the services or portions thereof if you are, or Plum Benefits Pvt Ltd Suspects that you are, failing to comply with any of these terms or for any actual or suspected illegal or improper use of the services, with or without notice to you. You can lose your user name and persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the service, and Plum Benefits Pvt Ltd is under no obligation to compensate you for any such losses or results.
1.9. OWNERSHIP
1.9.1. SERVICES AND ALL CONTENT CONTAINED THEREIN
The Services (including without limitation any Apps, content, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using an App or Plum Benefits Pvt Ltd game client, and the Plum Benefits Pvt Ltd game clients and server software) are protected by trademark, copyright or other proprietary rights of Plum Benefits Pvt Ltd. Plum Benefits Pvt Ltd reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services.
To the extent that you provide us with any suggestions, feedback or other information relating to our business or the Services (including, but not limited to, suggested new products or services or improvements to existing products and services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to Plum Benefits Pvt Ltd a non-exclusive, worldwide, perpetual, royalty-free, fully transferable and sublicensable right and licence to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information.
1.9.2. ACCOUNTS
1.9.4. USER CONTENT
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Plum Benefits Pvt Ltd game client or the Services, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Plum Benefits Pvt Ltd in accordance with its Privacy Policy.
You own your User Content. You hereby grant Plum Benefits Pvt Ltd and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited licence, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialise, publish, distribute, sell, licence, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The licence you grant us to use user posted content (except any content you submit in response to Plum Benefits Pvt Ltd promotions and competitions or any other content specifically solicited by Plum Benefits Pvt Ltd) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies.
USER CONTENT
2.1. CONTENT SCREENING
You are entirely responsible for all User Content you post or otherwise transmit via the Services. Plum Benefits Pvt Ltd assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate or illegal content or conduct. We have no obligation to monitor User Content. If we choose at any time, in our sole discretion, to monitor the Services, we have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and we may monitor and/or record your interaction with the Services or communications (including without limitation chat text and voice communications) when you are using the Services. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and recording.
2.2. INFORMATION USE BY OTHER USERS OF THE SERVICE
2.2.1. PUBLIC DISCOURSE & UNSOLICITED IDEAS
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Plum Benefits Pvt Ltd cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Plum Benefits Pvt Ltd shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively "Submissions") within the Service you understand and agree that Plum Benefits Pvt Ltd (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
Plum Benefits Pvt Ltd IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST.
2.2.2. RESPONSIBLE FOR YOUR OWN CONTENT
You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others. Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorised, impermissible or otherwise violate these Terms, and Plum Benefits Pvt Ltd assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact our customer support department. Plum Benefits Pvt Ltd may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgement of Plum Benefits Pvt Ltd may violate these Terms. Plum Benefits Pvt Ltd reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Services.
2.3. DISCLOSURE
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce these Terms; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
3. FEES AND PURCHASE TERMS
3.1. PURCHASES
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENCE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE. Your licence to Virtual Items for use in Plum Benefits Pvt Ltd games is a service provided by Plum Benefits Pvt Ltd that commences upon acceptance by Plum Benefits Pvt Ltd of your purchase or redemption of third party virtual currency. By ordering a licence to use Virtual Items you agree and accept that Plum Benefits Pvt Ltd will provide it to you promptly following completion of your purchase. If you reside in the European Union and you purchase a product or service from Plum Benefits Pvt Ltd, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a licence to use Virtual Items from Us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.
3.2. PAYMENT OF FEES
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Plum Benefits Pvt Ltd may revise the pricing for the goods and services it licences to you through the Services at any time. YOU ACKNOWLEDGE THAT Plum Benefits Pvt Ltd IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4. THIRD PARTY ADVERTISING, LINKS, ENDORSEMENTS, SITES
4.1. THIRD PARTY ADVERTISEMENTS
You understand that the Services and Plum Benefits Pvt Ltd games may feature advertisements from Plum Benefits Pvt Ltd or third parties. Plum Benefits Pvt Ltd's disclosure of information for third party advertising is addressed in Plum Benefits Pvt Ltd’s Privacy Policy.
4.2. ENDORSEMENTS AND LINKS TO THIRD PARTY SITES
Plum Benefits Pvt Ltd may receive a commission, fee and/or other compensation on some clicks or purchases made on, through or linked from the services. This means Plum Benefits Pvt Ltd may receive some form of compensation through an arrangement it has with a third party if you (i) click on certain ads or links on our websites, emails or newsletters, or (ii) purchase a product or service after clicking a link.
Plum Benefits Pvt Ltd makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Plum Benefits Pvt Ltd and may collect data or solicit personal information from you. Plum Benefits Pvt Ltd is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Plum Benefits Pvt Ltd of these linked sites. Any charges or obligations you incur in your dealings with these third parties are your responsibility.
5. COPYRIGHT NOTICES/COMPLAINTS
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
6. UPDATES TO THE SERVICES
You understand that the Service is an evolving one. Plum Benefits Pvt Ltd may require that you accept updates to the Services and to Plum Benefits Pvt Ltd’s games you have installed on your computer or mobile device. You acknowledge and agree that Plum Benefits Pvt Ltd may update the Services with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play Plum Benefits Pvt Ltd’s games.
7. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
7.1. DISCLAIMER OF WARRANTIES
Plum Benefits Pvt Ltd provides these services to you on an as is and as available basis. you use the services at your own risk and discretion. The services don’t come with any warranty - either express or implied, including no implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement; provided that, to the extent prohibited under applicable law with any legally required warranty period to the shorter of thirty days from first use or the minimum period required).
Without limiting the foregoing, neither Plum Benefits Pvt Ltd nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, "Plum Benefits Pvt Ltd PARTIES") warrant that the service will be uninterrupted or error-free.
7.2. WAIVERS AND LIMITATIONS OF LIABILITY
Plum Benefits Pvt Ltd won't be liable to you for any damages that arise from your use of the services. this includes if the services are unavailable and all types of damages (indirect, incidental, consequential, special or exemplary). It also includes all kinds of legal claims, such as breach of contract, breach of warranty, tort or any other type of loss.
you further specifically acknowledge that plum benefits pvt ltd is not liable, and you agree not to to hold plum benefits pvt ltd liable, for the conduct of third parties, including other users of the services and operators of external sites, and that the risk of the services and external sites and of injury from the foregoing rests entirely with you.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in the section may not apply to you. In particular, nothing in these terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud.
7.3. INDEMNIFICATION
You agree to indemnify, save, and hold Plum Benefits Pvt Ltd, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Plum Benefits Pvt Ltd reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Plum Benefits Pvt Ltd, and you agree to cooperate with Plum Benefits Pvt Ltd’s defence of these claims. Plum Benefits Pvt Ltd will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of your use of the Services.
8. DISPUTE RESOLUTION
8.1. ARBITRATION
If a dispute arises between you and Plum Benefits Pvt Ltd, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, we strongly encourage you to first contact us directly to seek an informal resolution through our customer support team. If any dispute cannot be settled informally, you and Plum Benefits Pvt Ltd agree to resolve any claim or controversy at law or equity relating to this Agreement or the Services (a "Claim") through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgement on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction..
8.2. CHOICE OF LAW AND JURISDICTION
These Terms are governed by Indian law. You agree to submit to the personal jurisdiction of Bangalore in connection with any dispute or arbitrator’s judgement.
8.3. IMPROPERLY FILED CLAIMS
All claims you bring against Plum Benefits Pvt Ltd must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Sections 8.1 or 8.2 shall be considered improperly filed.
9. SEVERABILITY
If any provision of these Terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
10. GENERAL PROVISIONS
In this agreement, "Plum Benefits Pvt Ltd" means Plum Benefits Pvt Ltd, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
10.1. ASSIGNMENT
Plum Benefits Pvt Ltd may assign or delegate these Terms and/or the Plum Benefits Pvt Ltd Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without Plum Benefits Pvt Ltd’s prior written consent, and any unauthorised assignment and delegation by you is void and ineffective.
10.2. SUPPLEMENTAL TERMS AND POLICIES
Plum Benefits Pvt Ltd may publish additional terms and policies related to specific services, such as the EULA governing the applications for mobile devices. Your right to use such services is subject to those specific policies and these Terms.
10.3. ENTIRE AGREEMENT
These Terms (including any documents expressly incorporated by reference into them such as Plum Benefits Pvt Ltd’S Privacy Policy), contain the whole agreement between Plum Benefits Pvt Ltd and you.
10.4. LANGUAGE OF THE TERMS OF SERVICE
If we provide you with a translation of the English language version of these Terms, the Plum Benefits Pvt Ltd Privacy Policy, or any other policy (collectively "Plum Benefits Pvt Ltd Policies"), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Plum Benefits Pvt Ltd Policies.
In the event of a conflict between a translation of the Plum Benefits Pvt Ltd Policies and the English version, the English version of the Plum Benefits Pvt Ltd Policies will control.
10.5. NO WAIVER
If Plum Benefits Pvt Ltd doesn’t exercise a particular right under these Terms, that doesn’t waive it. No representations, statements, consents, waivers, or other acts or omissions by Plum Benefits Pvt Ltd shall be deemed a modification of these Terms nor be legally binding.
10.6. NOTICES
We may notify you via postings on www.shasnthegame.com , and via e-mail or any other communications means to contact information you provide to us. If you are a user in India, all notices given by you or required from you under these Terms or the Plum Benefits Pvt Ltd Privacy Policy shall be in writing. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.7. EQUITABLE REMEDIES
Notwithstanding the binding arbitration provisions hereof and any contrary provisions herein, Plum Benefits Pvt Ltd has the following equitable rights and remedies.
You acknowledge that the rights granted and obligations made under these Terms to Plum Benefits Pvt Ltd are of a unique and irreplaceable nature, the loss of which shall irreparably harm Plum Benefits Pvt Ltd and which cannot be replaced by monetary damages alone. Accordingly, Plum Benefits Pvt Ltd shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any Plum Benefits Pvt Ltd game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any).
10.8. FORCE MAJEURE
Plum Benefits Pvt Ltd shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Plum Benefits Pvt Ltd, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Plum Benefits Pvt Ltd’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
10.9. CONTACT INFO:
Questions? Let us know by sending an email to connect@plumhq.com.