Terms and Conditions
Section A - User Terms and Conditions
These Terms and Conditions ("T&C") govern the membership and use of the SplitPoints Loyalty Program (the "Programme"), operated by SplitPoints Marketing Solutions Pvt. Ltd. ("SplitPoints," "we," "us"). By registering for or using the Programme, the Member ("you") agrees to be bound by these T&C.
1. Definitions
- SplitPoints Loyalty Program (Programme): The loyalty mechanism and platform operated by SplitPoints.
- Participating Partner (Partner): Any retail, service, or e-commerce entity that has an agreement with SplitPoints to offer benefits to Members.
- Member: An individual who has successfully enrolled in the Programme and holds a valid account.
- Splitpoints/Rewards: The loyalty currency or benefits accrued by the Member under the Programme.
2. Membership and Eligibility (Indian Contract Act, 1872)
- Eligibility: Splitpoints are available to registered account holders only. Accounts must be in good standing to earn or redeem points.
- Contractual Capacity: Membership is open to Indian residents who are at least 18 years of age and competent to contract under the Indian Contract Act, 1872. Minors may not enroll.
- Account Use: Only one account can be used per transaction.
- Non-Transferability: The SplitPoints account and accrued Splitpoints are non-transferable and may only be used by the registered Member. Splitpoints cannot be transferred to other accounts.
3. Accumulation of Splitpoints
- Earning Rate: You earn 10 Splitpoints for every ₹1 spent at Participating Partner locations. Exclusions may apply.
- Accrual: To collect points, present your Splitpoints card or scan the app at checkout. Points will be credited to your account within X days.
- Exclusions: Splitpoints cannot be earned on purchases paid using previously redeemed points.
- Misuse/Fraud: Points may be reclaimed, withdrawn, or adjusted if purchases are made in bulk or for resale, if issued incorrectly, or in cases of suspected fraud or misuse.
4. Redemption of Splitpoints
- A minimum of 500 Split Points (equivalent to ₹50) must be redeemed in a single transaction.
- Participating retailers may, at their sole discretion, impose additional redemption conditions, including minimum spend thresholds or other restrictions, which shall be communicated to customers at the point of sale.
- Finality: Your Splitpoints balance updates immediately after redemption. Redeemed points cannot be converted back into points.
- Availability: Goods, services, and discounts are subject to availability and may change at any time.
5. Returns, Cancellations, and Forfeiture
- Adjustments: If a purchase is returned or an order is cancelled, credited points will be reversed. Splitpoints used in cancelled or incomplete orders will be returned to your account according to retailer rules.
- Inactivity Forfeiture: Splitpoints/Rewards may expire or be forfeited if the account is inactive for a continuous period of 12 months or if these T&C are breached.
6. Member Obligations and Indemnity
- Accuracy of Information: The Member warrants that all information provided during registration is true, accurate, and current.
- Indemnity: The Member shall indemnify and hold harmless SplitPoints for any loss, claim, or damage caused by the Member's failure to provide accurate information or their breach of these T&C.
- Card Security: The Member is responsible for the security of their SplitPoints Card and account credentials. SplitPoints shall not be liable for any unauthorised use of the Card or points redemption.
- Misuse: SplitPoints reserves the right to terminate membership and cancel all accrued Splitpoints immediately if the Member is found to be misusing the Programme.
7. Limitation of Liability (Protection Clause)
- No Warranty on Partner Goods/Services: SplitPoints is solely a loyalty programme operator. SplitPoints is not responsible for the quality, fitness for purpose, or availability of any goods or services provided by Participating Partners. Any claim related to goods/services must be directed to the Partner.
- Maximum Liability: SplitPoints' maximum liability to a Member for any loss, damage, or claim arising from the Programme shall be strictly limited to the monetary value of the accrued, unredeemed Splitpoints/Rewards in the Member's account at the time the claim arose. SplitPoints shall not be liable for any indirect, incidental, special, or consequential damages.
- Errors: Splitpoints is not responsible for errors, omissions, or losses resulting from the use of points, except as required by law.
8. Programme Changes and Intellectual Property
- Programme Changes: SplitPoints reserves the right to modify, suspend, discontinue, or withdraw the Programme or these T&C at any time, with or without notice. Continued use constitutes acceptance of any changes.
- Partner Terms: Splitpoints rewards are subject to the terms of Participating Partner companies. Partner companies may impose additional rules or restrictions on earning and redeeming points.
- Intellectual Property: The SplitPoints name, logo, website content, and Programme mechanism are the sole intellectual property of SplitPoints and are protected under Indian law. Unauthorised reproduction or use is strictly prohibited and constitutes a breach of contract.
9. Governing Law and Jurisdiction
- Governing Law: These T&C and the Programme shall be governed by and construed in accordance with the laws of India.
- Jurisdiction: All disputes arising out of or in connection with these T&C shall be subject to the exclusive jurisdiction of the Courts located in Specify City where Client is based.
- Dispute Resolution: Any dispute shall first be attempted to be resolved amicably through good-faith negotiation. Failing such resolution within 30 days, either party may seek recourse through the designated courts.
Section B - Partner Terms and Conditions
These Terms and Conditions ("T&C") govern the cooperation and participation of the business entity (the "Partner" or "you") in the SplitPoints Loyalty Program (the "Program"). The Program is operated by SplitPoints Marketing Solutions Pvt. Ltd. ("SplitPoints," "we," or "us").
By entering into an agreement or otherwise cooperating with us regarding the Program, the Partner ("you") agrees to be bound by these T&C, which set forth the rules governing this relationship.
1. Definitions
- SplitPoints Loyalty Program (Program): The loyalty mechanism and platform operated by SplitPoints.
- SplitPoints/Rewards: The loyalty currency or benefits accrued by the Member and offered by the Partner under the Programme.
- Partner (or Participating Partner): The retail, service, or e-commerce entity that has successfully entered into an agreement or is cooperating with SplitPoints to offer benefits to Members.
- Member: An individual who has successfully enrolled in the Program and holds a valid account, to whom the Partner provides benefits.
- Service Provider: Refers to SplitPoints Marketing Solutions Pvt. Ltd. in its capacity of administering the Program and providing the platform to the Partner.
2. Subject of Cooperation and Program Mechanics
The Partner agrees to integrate with and participate in the Program, enabling Users to earn and redeem Points at the Partner’s locations/platforms according to the following specific mechanics:
2.1. Partner Profile and Integration
- Partner Specific Details: The legal name, registration number, and primary contact details of the Partner shall be recorded in a Partner Enrollment Form, which, upon acceptance by SplitPoints, forms an integral part of these Regulations.
- Integration: The Partner is responsible for implementing the SplitPoints API or integration tools provided by the Service Provider to facilitate the seamless recording of transactions and management of Points.
- Legal Capacity: The Partner confirms it has the full legal authority to participate in this Agreement, and that its operations comply with all applicable laws, including those related to business and consumer protection in India.
2.2. Earning (Point Accrual) Rules
- Accrual Rate: The Partner shall award SplitPoints to Users at the agreed rate of Qualifying Transactions.
- Qualifying Transactions: A Qualifying Transaction is defined as the final purchase price of goods/services. Exclusions may apply, and SplitPoints cannot be earned on purchases paid using previously redeemed points.
- Issuance Time: Points must be issued to the User’s account upon successful completion of the transaction.
2.3. Redemption Rules
- Redemption Value: SplitPoints shall be redeemable at the Partner's location/platform at a fixed rate of at fixed rate of 10 points equal to ₹ 1.
- Minimum Threshold: The Partner may require a minimum number of Points to be available for redemption, not exceeding "100 " SplitPoints.
3. Settlement and Fees
3.1. Settlement Cycle
- A monthly statement will be generated summarizing all point allocations and redemptions for the period.
- Based on the monthly statement, any outstanding balances will be invoiced. Invoices issued to the partner must be paid within 10 days, and any amounts owed to the partner will also be settled within 10 days.
4. Rights and Obligations of the Service Provider
- Support & Tools: SplitPoints shall provide Partners with technical documentation and support for integration.
- Program Operation: SplitPoints shall ensure the proper functioning of the Program’s IT systems and infrastructure.
- Program Rules: SplitPoints shall maintain and communicate the general rules for awarding and redeeming SplitPoints to Users.
4.1. Right to Re-Credit Points for Partner Non-Compliance
If SplitPoints determines that a Partner improperly refused to award SplitPoints to a User for a Qualifying Transaction, or if the Partner is found to be in breach of the Point Accrual Rules (Section 2.2), SplitPoints reserves the absolute right to:
- Independently credit the corresponding SplitPoints to the affected User's account.
- Deduct the monetary cost of those credited SplitPoints from the next settlement due to the Partner, without requiring the Partner's prior consent.
5. Rights and Obligations of the Partner
- Compliance & Legality: The Partner must ensure the full compliance of its operations, products, and promotions with all applicable laws and regulations.
- Program Integrity: The Partner shall not engage in any fraudulent or misleading practices regarding Point issuance or redemption.
- Product Responsibility: The Partner bears sole responsibility for the quality, safety, suitability, and compliance of all products or services offered under the Program.
- Customer Service: The Partner must promptly cooperate in addressing User complaints or disputes related to Points.
6. Program Integrity and Enforcement
SplitPoints reserves the right to investigate any suspected fraudulent activity, abuse, or misuse of the Program by a User or a Partner. Upon confirmation of such activity, SplitPoints may, at its sole discretion and without prior notice:
- Remove, forfeit, or deduct any wrongfully earned or issued SplitPoints from the User's account.
- Cancel, suspend, or terminate the User's participation in the Program.
- Take equivalent action against the Partner, including withholding settlements or terminating the partnership, as detailed in Section 9.
7. Intellectual Property (IP) and Marketing
- SplitPoints IP Usage: The Partner is granted a limited, non-exclusive, revocable license to use the SplitPoints name and logo solely for promoting participation in the Program, subject to SplitPoints' written approval and brand guidelines.
- Partner IP Usage: The Partner grants SplitPoints a non-exclusive, royalty-free license to use the Partner’s trademarks and logos solely for marketing and administering the Program to Users.
8. Data Protection and Confidentiality
- Data Protection: Both parties must comply with all applicable data protection and privacy laws when handling User data, including India’s Personal Data Protection Bill. Each party will act as an independent Data Controller unless explicitly agreed otherwise in writing. The Partner agrees to implement appropriate safeguards to protect the data and prevent unauthorised access, disclosure, or misuse.
- Confidentiality: The Partner acknowledges that all technical documentation, commercial rates, settlement data, and proprietary system details shared by SplitPoints are Confidential Information. The Partner agrees not to disclose any of this Confidential Information to third parties, except as required by law or with prior written consent from SplitPoints. This obligation of confidentiality will survive the termination of the Partner's participation.
- Data Usage: The Partner agrees to use the data provided by SplitPoints solely for the purposes outlined in this Agreement and in compliance with applicable privacy regulations. The Partner shall not sell, rent, or share any User data with third parties without the express written consent of SplitPoints or the User, except as required by law.
- Breach of Data: If there is any breach or unauthorised access to User data, the Partner must notify SplitPoints promptly (within 24 Hours) and cooperate in any remedial actions, including compliance with legal obligations related to data breaches.
9. Warranties, Liability, and Indemnification
- Partner Warranties: The Partner warrants it has the full legal capacity and authority to enter into and abide by these Regulations.
- Limitation of Liability (SplitPoints): SplitPoints is not liable for indirect, special, incidental, or consequential damages. SplitPoints is not liable for failures caused by force majeure or misuse of the Program by Users or the Partner.
- Indemnification (Partner): The Partner shall indemnify, defend, and hold harmless SplitPoints from any claims, costs, or liabilities arising out of the Partner’s unlawful actions, negligent performance, breach of these Regulations, or any claim related to the Partner’s products or services.
10. Duration and Termination
- Duration: These Regulations shall commence upon the Partner’s acceptance and continue in effect until terminated by either party in accordance with the terms outlined herein.
- Termination: Either party may terminate this cooperation by providing 30 days' written notice to the other party. The notice must specify the termination date. During this 30-day period, both parties shall continue to perform their obligations under this Agreement. SplitPoints may terminate immediately upon written notice if the Partner breaches Sections 2, 3, 5, or 8.
- Accrued Obligations: Termination of the agreement does not affect any rights or obligations that have accrued prior to the termination date. This includes, but is not limited to, any unsettled payments, reimbursements, or claims resulting from breaches of the Agreement. Additionally, any clauses that by their nature should survive termination (such as confidentiality and data protection obligations) shall remain in effect post-termination.
11. Final Provisions
- Amendments: SplitPoints reserves the right to amend or modify these Regulations at any time. Any changes will be communicated to the Partner in writing, and continued participation in the Program following such amendments shall constitute acceptance of the revised Regulations. It is the Partner’s responsibility to regularly review the Regulations for any updates.
- Governing Law: These Regulations shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any issues not explicitly addressed herein shall be subject to the applicable laws of India.
- Dispute Resolution: Disputes shall be subject to the exclusive jurisdiction of the competent courts at the Administrator’s registered office in Thrissur, Kerala, India.
