By enrolling and/or using the mGinger 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 Gingersoft Media Private Limited and
therefore this Agreement is between you and Gingersoft Media Private
Limited. mGinger.com is a website owned by Gingersoft Media Private
Limited. Wherever the term "mGinger" is used in this document it
represents the company Gingersoft Media Private Limited and the
services provided through mGinger.com.
Service members ("You/Members") enroll to receive
advertisements on their mobile phones and earn money per
advertisement received ("Direct Earnings"). Members of mGinger 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 mGinger.
You
MUST provide correct/true information about your profile.
mGinger has the right to verify the information you provide. If this
information changes you must immediately update your profile by
logging in to mGinger.com
You MUST read the advertisements sent to you.
mGinger 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,
mGinger 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 mGinger.
One member cannot have more than one account on mGinger. 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 Gingersoft Media 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 mGinger 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 mGinger web site and its services. mGinger 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
mGinger to you. You understand and agree that it does not guarantee
that you will receive only these number of ads from mGinger 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
mGinger to you. You understand and agree that mGinger is not liable
if these ads do not reach your mobile phone within the time span
specified. mGinger only guarantees that the ads will be published
from mGinger 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 mGinger. The relevance of an advertisement to
an ad interest category is at the sole discretion of the
advertisers. mGinger 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, mGinger
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.
mGinger 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
mGinger 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.
Gingersoft Media 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 mGinger. This sponsor will be determined by mGinger
based on whose referral mail you responded to or the referral link
you clicked on to arrive at the mGinger.com website.
The number of your direct referrals is not limited. You may refer as
many people as you can to join mGinger.
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 mGinger website. Those are the rates that you will
receive. If mGinger for any reason changes payout rates those will
be posted on the site and all current members will be informed
through email. If mGinger 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 mGinger. 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 mGinger 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. mGinger will
not be responsible for the receipt or for the actual payment hereof.
The charges incurred by mGinger 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, mGinger 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.
mGinger is not responsible for your taxes. You are solely
responsible for the payment of taxes on monies received from
mGinger.
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 mGinger 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
mGinger may terminate your membership at any time immediately with
or without cause. Your right to use your membership immediately
ceases upon termination. mGinger 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.300 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
mGinger. Cancellation of an account is irreversible.
On cancellation or termination of your account, your profile will be
removed from the site and deleted from mGinger 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.
mGinger 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:
Your use of the service is at your sole risk. The service is
provided on an "as is" and "as available" basis.
mGinger 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.
mGinger 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 mGinger 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
Gingersoft Media 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.
Gingersoft Media 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.
You acknowledge and agree that Gingersoft Media 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.
To the maximum extent allowed by applicable law, neither mGinger 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. mGinger 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.
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
mGinger or mGingers' 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
mGinger, its advertisers and partners, as the case may be.
Except as expressly authorized by mGinger 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
mGinger 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 mGinger 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 mGinger to stop sending
advertisements to you, you must select the opt-out option provided
in the site or cancel your mGinger 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 mGinger.
TERMS AND CONDITIONS and the relationship between you and mGinger
shall be governed by the laws of the State of Andhra Pradesh without
regard to its conflict of law provisions. You and mGinger agree to
submit to the personal and exclusive jurisdiction of the courts
located within Secunderabad, Andhra 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 mGinger excludes its liability to the Member), the
enforceability of any other part of these Terms will not be
affected.
