Terms and Conditions for Portal Usage
Welcome to our Dealer Portal. Please read these Terms and Conditions carefully. These are the general Terms and Conditions governing your access and use of this website (hereinafter referred to as the "MyAwaaz", "the Portal", or "the site"). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE "MyAwaaz". By continuing to use 'MyAwaaz' and/or any of the services shown on it, you agree to be bound by these Terms and Conditions (hereinafter referred to as "Terms").
The term 'Asian Paints', 'the Company' or 'us' or 'we' refer to the owner of the Portal, whose registered office is Asian Paints Limited, 6A Shanti Nagar, Santacruz (East), Mumbai – 400 055 INDIA
The term 'you' refers to the user or viewer of 'MyAwaaz'.
By using 'MyAwaaz', you signify your agreement to "MyAwaaz" Terms. IF YOU DO NOT AGREE WITH THIS POLICY, PLEASE DO NOT USE 'MyAwaaz'. Your continued use of 'myawaaz.asianpaints.com' and/or its affiliates' sites, following the posting of changes to these terms will mean you accept those changes.
You hereby confirm and agree for multiple account access of your accounts in terms of the written declaration given by you; APL shall not be responsible for any wrongful access, abuse thereof by any of your agents, employees, representatives or third parties and for any claims emanating out of the said multiple account access inter alia by any of your partners, co-owners, associates and/or affiliates.
You agree to indemnify and hold us, and our officers, employees, representatives, contractors and agents harmless from any liability, loss, claims, damages and expense, including attorneys' fees and expenses, related to your violation of these Terms or your use of our Portal.
The Portal contains material which is owned by or licensed to us. This material includes, but is not limited to the design, layout, look, appearance and graphics. Reproduction of the same is prohibited.
Copyright in the pages and in the screens displaying the pages, is owned by Asian Paints unless otherwise indicated. All contents of 'myawaaz.asianpaints.com' website are copyright of Asian Paints. All rights reserved.
All content accessible within the Portal(including without limitation, the "look and feel" of 'MyAwaaz', all text, formatting, graphics, designs, animation, images, audio, and other content, as well as all trademarks and service marks) is proprietary to us or to other parties who have consented to our use of it in accordance with applicable law, including applicable international treaties. To avoid any claim of infringement or other wrongdoing, you should not, without limitation: (1) copy, reproduce, transmit, alter, publish, distribute, or create derivative works from the Web site content; (2) frame or deep-link to the Portal; or (3) use meta tags or any other hidden text utilizing our or our content providers' trademarks or service marks on or in connection with another domain name. Asian Paints, its subsidiaries, affiliates, contractors and/or participating corporations are the owners of the trade and service marks appearing on this Portal and all rights are reserved in respect of such trade and service marks. Violating these Terms or misusing or infringing Asian Paints' intellectual property rights may result in legal action against you. For instance, you could be subject to civil, criminal and injunctive relief, be barred from the Portal (without notice and at our discretion), or be subject to other remedies available under the law.
Use of Information & Materials
The information and materials contained in these pages and the terms, conditions, and descriptions that appear are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to Asian Paint's final determination and acceptance.
Your use of any information or materials on 'MyAwaaz' is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Portal meet your specific requirements.
The information and materials contained in this site, including text, graphics, links or other items - are provided "as is," "as available". The Company does not warrant the accuracy, adequacy or completeness of the information and materials and expressly disclaims liability for errors or omissions therein. No warranties of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, are given in conjunction with the information and materials.
Links to other Websites
Exclusion of Liability
In no event will Asian Paints be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or reliance on the contents of this site, or in connection with any failure of performance, error, omission, interruption, defect, delay or failure in operation or transmission, computer virus or line or system failure, even if Asian Paints, its representatives, are advised of the possibility of such damages, losses or expense, hyperlinks to other internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by Asian Paints. This Exclusion clause shall take effect to the fullest extent permitted by law.
These terms and conditions are subject to change and can be modified at any time without notice. Severability
In the event that any provision contained in these Terms will be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the validity, legality and enforceability of such provision in every other respect and the validity, legality and enforceability of the remaining provisions contained in this Terms will not be in any way impaired thereby.
Governing Law & Jurisdiction
Asian Paints Limited and the Dealer/ Customer agree to submit any dispute arising in respect of invoices issued by APL on Dealer/ Customer, to arbitration by a sole arbitrator appointed by Asian Paints Ltd., under the provisions of Arbitration & Conciliation Act, 1996 (as amended from time to time). The seat of arbitration shall be Mumbai, the language of the proceedings shall be English and the Courts of Mumbai shall have exclusive jurisdiction.
By accessing 'MyAwaaz' and obtaining the facilities, products or services offered through this Portal, you agree that the law of India shall govern such access and the provision of such facilities, products and services and you agree to submit to the exclusive jurisdiction of the Mumbai courts.
All personal information collected and used from the Asian Paints Dealer Portal will be processed in accordance with all applicable personal data protection laws and requirements relating to the personal data of respective jurisdiction
Use of Information
Asian Paints Limited is part of Asian Paints Group and information supplied on this Portal may be shared with other group companies.
We have endeavour of Asian Paints Limited that information supplied to us is held securely. As a consequence - we may occasionally request proof of identity before allowing access to your personal information.
For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information that we collect with the Police or public authorities, in accordance with the relevant legislation, if called upon.
Terms & Conditions - My Awaaz – Asian Paints Dealer/ Customer Scheme
- The Asian Paints Dealer Schemes shall mean and include any dealer scheme being conducted by Asian Paints Ltd. (“Asian Paints / Company”) for its registered dealers which shall be hosted on MyAwaaz Portal (the “Portal”).
- By accessing and using this Portal, the User represents that they are at least 18 years of age and competent to enter into a legally binding and enforceable contract.
- “Terms and Conditions” means these terms and conditions governing the Asian Paints Dealer Schemes, as stated herein in entirety and as may be amended by Asian Paints from time to time;
- Scheme Details shall mean all details pertaining to and governing the scheme including and not limited to any process and/or guidelines, scheme period and / or timelines in respect of its validity, areas or regions where the scheme is applicable, eligibility to participate and qualify to win, etc. for all the Asian Paints Dealer Schemes shall be as indicated on the Portal and shall be applicable as indicated therein (“Scheme Details”)
- ASIAN PAINTS shall not be responsible for any technical problems, network issues and disruptions which may affect, restrict or delay, access to the Portal or any payments being made by the User / Participant. ASIAN PAINTS will not be responsible for any glitches, break, disconnection or disruption in connectivity, whether due to network congestion or signal loss or any technical or other reasons, irrespective of the network/payment gateway being used. Network / payment gateway issues can disrupt access to the Portal and any activity being conducted thereon including any delay / default in processing payments being made. Asian Paints shall not be held responsible or shall it be liable for any such glitches, disruptions, etc. and shall not be liable to compensate any person or persons in this regard.
- The Asian Paints Dealer Schemes are subject to force majeure conditions and in the event or occurrence of any event beyond the control of ASIAN PAINTS, such force majeure event including but not limited to fire, explosions, natural calamities, state emergency, riots, epidemics, pandemics and public health emergencies, etc., which hampers movement of persons or disrupts or prevents access to the Portal, ASIAN PAINTS shall not be liable in these circumstances, nor shall it be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Campaign due to any government restrictions.
- ASIAN PAINTS reserves the right to change/modify/or withdraw any one or all Services or any part thereof without any prior notice of the same, at its sole discretion. ASIAN PAINTS reserves the right to modify the terms and conditions without any prior notice.
- In the event of any fault, misunderstanding or dispute concerning any part of Asian Paints Dealer Schemes, including but not limited to its operation and / or the selection of any winner(s) at any stage, the decision of ASIAN PAINTS shall be final and binding on all participant(s) and Users. Asian Paints is empowered to take a decision on any case or instances not covered by the present Terms and Conditions.
- ASIAN PAINTS reserves the right to amend (add, delete or modify) the Terms and Conditions prospectively or retrospectively, at its discretion and without prior notice, in order to improve Asian Paints Dealer Schemes or remedy any issues that occur.
- Asian Paints has the right at any time to terminate Asian Paints Dealer Schemes without any prior intimation or notice to the User / participant and also Asian Paints is not obligated in any manner whatsoever to compensate any person or persons who have participated in Asian Paints Dealer Schemes.
- Registration or participation in Asian Paints Dealer Schemes does not guarantee a prize(s) or award.
- The participation in any of the Asian Paints Dealer Schemes shall be considered to be acceptance of these Terms and Regulations.
- The User /participant hereby represents that he/she is not under any kind of disqualification under law to enter into an agreement with Asian Paints or its affiliates, as the case may be.
- The User / participant shall undertake, warrant and guarantee to Asian Paints that he / she has the full legal capacity to participate in Asian Paints Dealer Schemes in accordance with these Terms and Conditions.
- The User / participant acknowledges that he/she has voluntarily chosen to participate in the Asian Paints Dealer Schemes at his / her free-will and is willing to bear all risk, costs & consequences arising from such participation in Asian Paints Dealer Schemes.
- ASIAN PAINTS assumes no liability or responsibility for:
- Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information that may be contained therein.
- Any deletion of data or interruption or discontinuance of transmission to or from or through the Asian Paints Dealer Schemes
- Any break or disconnection or disruption in network connectivity in any manner, due to network congestion or signal loss or any other technical reasons, irrespective of the network being used.
- Each dealer scheme is independent of other dealer schemes run by Asian Paints and cannot be combined with any other offer or scheme of Asian Paints.
- The prize under Asian Paints Dealer Schemes is personal to the winners and cannot be transferred under any circumstance.
- No cash payment in lieu of the prizes would be made. User / participant shall not be entitled to transfer/ exchange/encash any prizes won under the Asian Paints Dealer Schemes.
- Asian Paints and /or the Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this offer with
- In case the winner(s) is found to be in violation of any and all rules/process of Asian Paints Dealer Schemes, Asian Paints reserves the right to initiate legal proceedings against such person(s) including but not limited to having the concerned winner to refund the prize(s) money together with penalty interest as deemed fit by Asian Paints. If at any time, including after disbursement of prize(s), any information submitted by the participant(s) is found to be incorrect, false, or otherwise misrepresented or misleading, participant(s) shall be liable to refund all amounts received from Asian Paints.
- Asian Paints reserves the rights to determine and/or announce the timelines and the methodology of determining winners from time to time.
- Asian Paints reserves the right to offer or withdraw any of the prize(s) and / or Asian Paints Dealer Schemes, at any point of time, including after they have been announced.
- ASIAN PAINTS shall in no manner whatsoever be responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental trauma, etc. caused to any User in any manner whatsoever, in relation to their participation in the Asian Paints Dealer Schemes and/or any Prize(s).
- The User agrees that he/she shall hold harmless Asian Paints, its employees, officers, affiliates or any other person, in connection with the Asian Paints Dealer Scheme including but not limited to the process of the scheme, calculation of points and awarding of points, eligibility to participate and / qualify to win, the prizes, etc. of the Asian Paints Dealer Schemes and shall also not file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against Asian Paints to claim any damages or reliefs.
- ASIAN PAINTS or its employees, officers, representatives, affiliates, etc. will not be liable for any loss of earnings, employment or otherwise caused to the Participant(s) caused by his/her participation in Asian Paints Dealer Schemes.
- The User hereby agrees to indemnify ASIAN PAINTS or its employees, officers, representatives, affiliates, etc. against any claims that might arise from their actions or omissions while participating in any of the Asian Paints Dealer Schemes.
- Any loss or outrage or dissatisfaction suffered by the User / participant during the course participating in any Asian Paints Dealer Scheme would not be the responsibility of Asian Paints and Asian Paints shall not be responsible to make good any such loss or dissatisfaction.
- If the User/ participant is dissatisfied with any of these terms and conditions, he /she shall be free to not to participate in the Asian Paints Dealer or discontinue at any stage from participating in the same.
- In case of any grievance, feedback or for queries related the MyAwaaz Portal or any for support on the Asian Paints Dealer Schemes, you can reach out to our Helpline:18002001111 / 18002668080.
- Governing Law and Jurisdiction: These Terms and Conditions shall be governed and construed in accordance with the laws in India. Asian Paints Limited and the Dealer/ Customer agree to submit any dispute arising in respect of invoices issued by APL on Dealer/ Customer, to arbitration by a sole arbitrator appointed by Asian Paints Ltd., under the provisions of Arbitration & Conciliation Act, 1996 (as amended from time to time). The seat of arbitration shall be Mumbai, the language of the proceedings shall be English and the Courts of Mumbai shall have exclusive jurisdiction.
- Further, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, or the rights and obligations of the participants/Users and/or Asian Paints with respect to this Campaign shall be governed and construed in accordance with the laws of India.