
ACKNOWLEDGMENT & ACCEPTANCE
- By enrolling
and/or using the Njiffy service ("Service"), you agree that you have read and understood
this Agreement ("Agreement") and that your membership in the Service shall conform
to its terms and conditions ("Terms").
- The Service
is operated by Njiffy Private Limited and therefore this Agreement is between you
and Njiffy Private Limited. Njiffy.com is a website owned by Njiffy Private Limited.
Wherever the term "Njiffy" is used in this document it represents the company Njiffy
Private Limited and the services provided through Njiffy.com.
- Service
members ("You/Members") enroll to receive advertisements on their mobile phones
and earn money per advertisement received ("Direct Earnings"). Members of Njiffy
are to be paid a stipulated commission for every advertisement the member receives
("Commission Earnings"), for every advertisement received by a member whom they
refer and also for every advertisement received by a member referred by their referrals.
- There is
no charge or payment to be made by you for entering into the Service.
- We are under
no obligation to provide you with any particular number of advertisements or any
particular amount of money in Direct Earnings or Commission Earnings.
- We reserve
the right to limit Service enrolment at any time.
SERVICE DESCRIPTION
We offer you participation in an advertising sponsored service based on permitted
marketing. After successful registration, you may receive advertisements, promotions
or similar messages on Your mobile phone. Messages will be sent in accordance with
your specified profile to ensure a fit with your personal interests. You can invite
your friends and family to join the network and they can avail the same service.
For every advertisement you receive you get a direct payment. For every advertisement
your referrals and your referral's referrals receive you get paid a commission.
You will receive commissions for your direct and indirect referrals; two (2) referring
levels deep.
OUR SERVICE PRIVACY POLICY
We promise
to maintain the privacy of your personal information. The full extent of our commitment
can be found in our Privacy Statement. By enrolling and using the Service, you agree
to be bound by the terms of the Privacy Statement.
TERMS OF PARTICIPATION
- You must
be at least 18 years old to be a member.
- You have
to be able to understand English.
- You must
agree to comply with all local, state, province, country or regional laws that may
be applicable to your use of the Internet and your membership with Njiffy.
- You MUST
provide correct/true information about your profile. Njiffy has the right to verify
the information you provide. If this information changes you must immediately update
your profile by logging in to Njiffy.com.
- You MUST
read the advertisements sent to you.
- Njiffy will
send verification messages called "Activity Verification SMS" (referred to as AVS
in this document) from time to time to check if you are reading the advertisements
sent to you. You MUST respond to these AVSs with the appropriate message content
which is specified in the verification message. If you don't, Njiffy reserves the
right to downgrade your membership by lowering your payouts and eventually terminate
your membership.
- Corporations
and other business entities are not eligible for the Service.
- You are
not allowed to use proxy servers.
- The use
of any automatic tool to fill in forms, such as RoboForm, is forbidden.
- ONE member
- ONE account - ONE Cellphone: More than one person cannot use the same cellphone
for receiving advertisements. One member cannot have more than one cellphone registered
on Njiffy. One member cannot have more than one account on Njiffy. Service membership
and its right to use is limited to one individual per Service account and one email
address per Member.
- You agree
not to abuse Service privileges by conduct which is detrimental to the interests
of Njiffy Private Limited, including, without limitation, attempting to earn money
in a manner inconsistent with the rules of the Service, having multiple accounts,
attempting to earn money from Njiffy through other than legitimate channels etc.
- By filling
out the registration form you are applying to receive a service and you are agreeing
to receive advertisements on your mobile phone. No employee-employer relationship
is created by your use of the Njiffy web site and its services. Njiffy is under
no obligation to offer its services to you.
- "Maximum
ads per day" that you select on the Ad Preferences screen only specifies the maximum
number of ads that can be published from Njiffy to you. You understand and agree
that it does not guarantee that you will receive only these number of ads from Njiffy
in a day. This is due to the fact that the actual delivery depends on your mobile
service provider. If there is a delay from the service provider, you might receive
more than the maximum number of ads that you specified in a day.
- The timing
of ads that you specify in the "Ad Preferences" screen only specifies the time span
during which ads can be published from Njiffy to you. You understand and agree that
Njiffy is not liable if these ads do not reach your mobile phone within the time
span specified. Njiffy only guarantees that the ads will be published from Njiffy
during the specified time span. The actual delivery timing to you will depend on
your service provider.
- The categorization
of ad interests is subject to change and it is at the sole discretion of Njiffy.
The relevance of an advertisement to an ad interest category is at the sole discretion
of the advertisers. Njiffy is not responsible or liable for any misrepresentation
on the part of the advertisers nor is it liable for illegal, fraudulent or obscene
advertisements. However, Njiffy will take utmost care and work diligently to ensure
that the advertisements are relevant, timely and legal.
- During sign-up,
you will be asked to provide your mobile number. A code will be sent in an SMS to
the mobile number that you typed in for verification purposes. Ensure that it is
indeed your number. Njiffy is not responsible if the mobile number belongs to someone
other than you. You personally will be liable in case the actual owner presses charges.
MEMBER ACCOUNTS
- Njiffy may
refuse to accept your application for membership for any reason.
- You will
receive a user name and password upon completing the Service's registration process.
You are responsible for maintaining the confidentiality of your user name and password,
and you are fully responsible for all activities that occur under your password
or account. You agree to immediately notify us of any unauthorized use of your password
or account or any other breach of security. Njiffy Private Limited cannot and will
not be liable for any loss or damage arising from your failure to comply with this
section.
- You can
have only one member as a sponsor (referrer) when registering at Njiffy. This sponsor
will be determined by Njiffy based on whose referral mail you responded to or the
referral link you clicked on to arrive at the Njiffy.com website.
- The number
of your direct referrals is not limited. You may refer as many people as you can
to join Njiffy.
MEMBERS CONDUCT
- You agree
to only use the Service in a manner that is consistent with the Terms and in such
a way as to ensure compliance with all applicable laws and regulations.
- You shall
ensure that your personal profile is up-to-date and accurate. You agree to promptly
notify us of any change in your address (mail or email) or personal profile by updating
your personal information at the Service Web site.
- You agree
not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service, or access to the Service.
PAYMENTS
- You will
receive commissions for your direct and indirect referrals; two (2) referring levels
deep. Current commission rates are always posted on the Njiffy website. Those are
the rates that you will receive. If Njiffy for any reason changes payout rates those
will be posted on the site and all current members will be informed through email.
If Njiffy for any reason changes the depth of referrals pertinent to commissions
it will be posted on the site and all current members will be informed through email
- Payment
will be made only when you earn the minimum limit of Rs.300. This limit is at the
sole discretion of Njiffy. Whenever it is changed, the information will be provided
in the "Payment" screen.
- If you opt
out for a period of time, your earnings from your referrals will also be stopped
for that period of time.
- Current
payout options are always posted on the Njiffy website. Two options are currently
available to receive payments:
- Cheque:
After requesting payment, accounts are thoroughly checked. After the request is
accepted, a cheque will be issued and couriered within 7 working days. The cheque
will be made out to the name provided in the "Payee Name" field. The cheque would
be couriered to the address provided in the "Payment Address" fields. Njiffy will
not be responsible for the receipt or for the actual payment hereof. The charges
incurred by Njiffy in processing the cheque and in delivery will be deducted from
the actual payout amount.
- Bank Account
Transfer: After requesting payment, accounts are thoroughly checked. After the request
is accepted, Njiffy will issue a an account transfer request to the bank within
7 working days. The charges incurred for processing the account transfer would be
deducted from the actual payout amount.
- Njiffy is
not responsible for your taxes. You are solely responsible for the payment of taxes
on monies received from Njiffy.
- We reserve
the right to send you messages from time to time for which the payout structure
will not be applied and no payment would be made. Such messages may include Service
system updates; flash bulletins; order confirmations; administrative announcements;
special requests and so on. Such messages may be sent via SMS, email or regular
mail.
- We reserve
the right to limit the opportunities to earn money through Njiffy available to you
while you remain inactive.
- We are under
no obligation to provide you with any particular number of advertisements or any
particular amount of money in Direct Earnings or Commission Earnings.
TERMINATION OF MEMBERSHIP
- Njiffy may
terminate your membership at any time immediately with or without cause. Your right
to use your membership immediately ceases upon termination. Njiffy may terminate
this agreement and your membership with or without prior notice. Termination of
an account may lead to full or partial loss of the payouts accumulated prior to
termination. On account termination, your earnings will be paid out only if the
minimum limit of Rs.1000 has been earned. If the "current earnings" is less than
this limit at the point of account termination, you will not be entitled to this
amount. Termination of an account is irreversible.
- You may
cancel your membership at any time by logging into your account and choosing to
cancel your membership. Your participation will be cancelled and your earnings will
be paid out only if the minimum limit of Rs.300 has been earned. If the "current
earnings" is less than this limit at the point of account cancellation, you will
not be entitled to this amount. If you decide to cancel your account and later wish
to re-enroll, you will be assigned a new account number. Any previous earnings made
by yourself or through your referrals, that went unclaimed when you cancelled your
account will not be credited to your new account should you re-enroll at Njiffy.
Cancellation of an account is irreversible.
- On cancellation
or termination of your account, your profile will be removed from the site and deleted
from Njiffy servers. Because of the way we maintain this service such deletion may
not be immediate, and residual copies of your profile information may remain on
backup media.
- You understand
that, on account termination or account cancellation, you may still receive messages
(which may have been scheduled prior to termination/cancellation) after termination
or cancellation. We shall use reasonable endeavors to stop such messages as soon
as possible. You will not be entitled to Direct Earnings and Commission Earnings
on such messages.
- You shall
comply with all laws, rules, and regulations that are applicable to you. You acknowledge
that you may only participate in the Service if and to the extent that such participation
is permitted by such laws, rules, and regulations. We may refuse to enrol you, or
to restrict, modify, or terminate your participation in the Service, without liability
to you or any other party, if you violate any law, rule, or regulation, or if your
participation in the Service could violate any law, rule, or regulation.
- We reserve
the right to terminate or disable, at our sole discretion, any Service membership
if we reasonably believe such Member has violated or acted inconsistently with the
rules of the Service or this Agreement. You understand and agree that disabling
membership will result in your inability to redeem and/or earn Points. You understand
and agree that termination of membership will result in the cancellation of all
of your Points. Njiffy shall
be the sole determiner in cases of suspected abuse, fraud, or violation of its rules
and any decision it makes relating to termination of membership shall be final and
binding. Should you object to any of the terms and conditions of this Agreement,
or any subsequent modifications thereto, or become dissatisfied with the Service,
your only recourse is to immediately discontinue participation in the Service and
properly terminate your membership.
DISCLAIMER OF WARRANTIES
- You expressly
understand and agree that:
- Money backup garrenty only for diwali offer registration. and after diwali there is no garrenty for any user.
and money refund after reduce service tax, if condidate not resive any amount from njiffy.
- Your use
of the service is at your sole risk. The service is provided on an "as is" and "as
available" basis. Njiffy and its subsidiaries, affiliates, officers, employees,
agents, partners and licensors expressly disclaim all warranties of any kind, whether
express or implied, including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
- Njiffy and
its subsidiaries, affiliates, officers, employees, agents, partners and licensors
make no warranty that (i) the service will meet your requirements; (ii) the service
will be uninterrupted, timely, secure or error-free; (iii) the results that may
be obtained from the use of the service will be accurate or reliable; (iv) the quality
of any products, services, information or other material purchased or obtained by
you through the service or through the Service advertisers or partners will meet
your expectations; and (v) any errors in the software will be corrected.
- Any material
downloaded or otherwise obtained through the use of the service is accessed at your
own discretion and risk, and you will be solely responsible for any damage to your
computer system or loss of data that results from the download of any such material.
- No advice
or information, whether oral or written, obtained by you from Njiffy or through
or from the service shall create any warranty not expressly stated in the terms
of use.
- A small
percentage of users may experience epileptic seizures when exposed to certain light
patterns or backgrounds on a computer screen or while using the service. Certain
conditions may induce previously undetected epileptic symptoms even in users who
have no history of prior seizures or epilepsy. If you, or anyone in your family,
have an epileptic condition, consult your physician prior to using the service.
Immediately discontinue use of the service and consult your physician if you experience
any of the following symptoms while using the service: dizziness, altered vision,
eye or muscle twitches, loss of awareness, disorientation, any involuntary movement,
or convulsions.
LIMITATION OF LIABILITY
- Njiffy Private
Limited shall not be liable for any special indirect, punitive, incidental, special,
or consequential damages relating to the participation or inability to participate
in the Service.
- Njiffy Private
Limited is not responsible for damages or losses that result from participating
or inability to participate in the Service, or reliance on or use of information,
services, or merchandise provided on or through the Service.
- To the maximum
extent allowed by applicable law, neither Njiffy nor any of its parents, members,
subsidiaries, service providers, licensors, officers, directors or employees shall
be liable for any direct, indirect, incidental, special or consequential damages
arising out of or relating to this agreement, resulting from the use or the inability
to use the service or for the cost of procurement of substitute goods and services
or resulting from any goods or services purchased or obtained or messages received
or transactions entered into through the service or resulting from unauthorized
access to or alteration of user's transmissions or data, including but not limited
to, damages for loss of profits, use, data or other intangible, even if such party
has been advised of the possibility of such damages. Without limiting the foregoing,
everything on the site is provided to you "as is" without warranty of any kind,
either expressed or implied including, but not limited to, the implied warranties
of services, merchantability, fitness for a particular purpose, or non-infringement.
Njiffy disclaims all liability, regardless of the form of action, for the act of
other members, or users including unauthorized users, or hackers of the service.
- You acknowledge
and agree that Njiffy Private Limited neither endorses the contents of advertisements
or third parties' web sites, nor assumes responsibility or liability for the accuracy
of material contained therein, or any infringement of third party intellectual property
rights arising there from, or any fraud or other crime facilitated thereby.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS AND PARTNERS
Your correspondence
with or participation in promotions of Service advertisers and partners, including
payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and the advertiser or partner. We assume no liability, obligation, or responsibility
for any part of any such correspondence or promotion, including without limitation
withdrawal or modification of any offer or promotion.
You understand
that, in some cases, there may be a delay in the crediting of Points for promotions
of advertisers or partners due to advertiser's or partner's failure to provide necessary
information to us for the crediting of such Points. We will not be responsible or
liable for the delay or failure to credit Points in such event
NON-TRANSFERABILITY
- You are
not allowed to share your account with any other individual. Nor are you allowed
to transfer accounts to someone else.
- Your membership
will terminate immediately in the event of your death. Service accounts are not
transferable upon death or otherwise by operation of law.
PROPRIETARY RIGHTS TO CONTENT
- You acknowledge
that Service content (including but not limited to text, sound, photographs, graphics,
or other material contained in any Service communication, advertisements, or messages,
whether by Njiffy or Njiffy' advertisers or partners), Service and software are
protected by copyrights, trademarks, service marks, patents, and/or other proprietary
rights and laws. Member is only permitted to use content, Service, or software as
expressly authorized by Njiffy, its advertisers and partners, as the case may be.
- Except as
expressly authorized by Njiffy or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or the Software,
in whole or in part.
MODIFICATIONS
- Njiffy reserves
the right to change this Terms and Conditions document. Current members will be
informed by email, however it is also your responsibility to check this document
periodically for any changes or modifications and you must not rely on e-mails as
a sole source of information regarding this agreement or your membership. Your continued
use of Njiffy constitutes an affirmative acknowledgement by you of the Terms and
Conditions and any subsequent modifications made to it and your agreement to abide
and be bound by the Terms and Conditions document in its modified form.
- We reserve
the right to modify or discontinue the Service with or without notice to you. We
shall not be liable to you or any third party should we exercise our right to modify
or discontinue the Service.
NOTICES
All notices
given by us to you will be given by email, postal mail or by general posting on
the Web site.
INDEMNIFICATION
You agree
to indemnify and hold us, our affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim, demand, expense, or damage, (including
reasonable legal fees) made by any third party due to or arising out of your use
of the Service, your connection to the Service, your violation of the Terms, content
you submit, post to or transmit through the Service or your violation of any rights
of another.
MISCELLANEOUS
- This agreement
takes precedence over any Do-Not-Call list you might enroll yourself in. If you
want Njiffy to stop sending advertisements to you, you must select the opt-out option
provided in the site or cancel your Njiffy membership account. Enrolling yourself
in any do-not-call list of any institution or company has no impact or influence
whatsoever on the advertisements you receive from Njiffy.
- TERMS AND
CONDITIONS and the relationship between you and Njiffy shall be governed by the
laws of the State of Madhya Pradesh without regard to its conflict of law provisions.
You and Njiffy agree to submit to the personal and exclusive jurisdiction of the
courts located within Bhopal, Madhya Pradesh.
- This Agreement
constitutes a complete and exclusive understanding between us and you relating to
the subject matter hereof and supersedes all prior or contemporaneous understandings,
agreements, communications, and/or advertising with respect to such subject matter
provided that nothing in this Agreement seeks to limit or exclude any right either
party may have in respect of fraudulent misrepresentation .
- Our failure
to exercise or enforce any right or provision of this Agreement shall not constitute
a waiver of such right or provision unless acknowledged and agreed to by us in writing.
- If any part
of these Terms is unenforceable (including any provision by which Njiffy excludes
its liability to the Member), the enforceability of any other part of these Terms
will not be affected.
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