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TERMS AND CONDITIONS

Clause

Title

Terms and Conditions

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Promotion details and Concept

    • The Paytm Ecommerce Campaign (“Promotion”), is a promotion jointly organized by Coca-Cola India Private Limited (“CCIPL) and Paytm E-commerce Pvt. Ltd. (“Paytm”). The Promotion is sponsored by Paytm E-commerce Pvt. Ltd. (“Paytm/ Paytm Mall”) and is facilitated by One97 Communications Limited (“One97”) and is being held between 1st October, 2017 (“Start Date”) and 14th November, 2017 (“End Date”), both days inclusive, which period shall be known as the “Promotion Period” and the Promotion shall be conducted across India (“Territory”).
    • Subject to the other provisions of these Terms, individuals residing in the Territory under the Promotion will have the opportunity to participate in the Promotion by purchasing PET bottles of Coca-Cola®, Thums Up® and Maaza® of 500ml or more (“Coca-Cola Product”) and receive certain amounts as cashback in their ‘Paytm Wallet’, operated and owned by One97, in accordance with the following schedule (“Promotion Cashback Amount”):
  • Instance of redemption of the first Paytm Code (as defined below) by a Participant (as defined below) under the Promotion:

Sl. No.

PET Bottle Quantity of Coca-Cola Product

Eligible Cashback Amount

(i)

500, 600ml and 750ml

INR 10 (Indian Rupees Ten only) of Paytm Cash, immediately upon entering the Paytm Code received via return SMS on first participation in accordance with these Terms;

(ii)

All other packs above 750ml

INR 15 of Paytm Cash (Indian Rupees Fifteen only), immediately upon entering the Paytm Code Code received via return SMS on first participation in accordance with these Terms;

  • In the instance of redemption of a second Paytm Code received via return SMS on second participation, the Participant shall be entitled to Paytm Cash of INR 50/- (Indian Rupees Fifty only) to the Participant’s Paytm Wallet, upon purchase of products worth INR 150/- (Indian Rupees One Hundred and Fifty only) on the Paytm Mall mobile application or website within 24 hours of shipping(“Second Redemption”);
  • In the instance of redemption of a third Paytm Code received via return SMS on third participation, the Participant shall be entitled to Paytm Cash of INR 100/- (Indian Rupees One Hundred only) to the Participant’s Paytm Wallet, upon purchase of products worth INR 300/- (Indian Rupees Three Hundred only) on the Paytm Mall mobile application or website within 24 hours of shipping(“Third Redemption”); and
  • In the instance of redemption of a fourth Paytm Code received via return SMS on fourth participation by a Participant, the Participant shall be entitled to Paytm Cash amount of INR 150/- (Indian Rupees One Hundred and Fifty only) to the Participant’s Paytm Wallet, upon purchase of products worth INR 450/- (Indian Rupees Four Hundred and Fifty only) on the Paytm Mall mobile application or website within 24 hours of shipping (“Fourth Redemption”).

*Disclaimer: Paytm cash is a semi closed payment instrument and may be used for the purchase of third party products or may be transferred to the person’s bank account.

    • During the Promotion Period, the purchased Coca-Cola Product label will contain a unique coupon code printed overleaf (“Unique Code”).
    • The Participant will be required to SMS the Unique Code to 9901299012 and shall receive a code via SMS (“Paytm Code”).
    • The Participant will be required to go to the website www.Paytmmall.com/social (“Website”),; sign in to their Paytm Wallet account (in case of existing users), or register for a Paytm Wallet account (in case of new users); and apply the Paytm Code .
    • After logging into the Paytm website/mobile application, applying the Paytm Code as set out in clause 1.5 above and in the instance of a Second, Third or Fourth Redemption, carrying out the necessary purchase on the Paytm Mall mobile application or website, the Participant shall be eligible to receive a credit of the appropriate Promotion Cashback Amount (Paytm Cash) in his/her Paytm Wallet within 24 hours, subject to the “Paytm Terms of Use” for the Paytm Wallet (as available at: https://Paytm.com/terms).
    • For the sake of clarity, a Participant may redeem up to a maximum of four (4) Unique Codes/Paytm Codes under the Promotion.
    • Participation in the Promotion is purely voluntary and stock without the Promotion offer will also be available across the Territory. The Promotion is advertised and promoted, inter alia, through media including radio, print and digital media.
    • The Promotion is subject to all applicable central, state and local laws and regulations.
    • Individuals can reach to www.Paytmmall.com/socialhelp during the Promotion Period to clarify their doubts and queries with respect to the Promotion.
    • By participating in this Promotion, the Participant accepts and agrees to abide by these terms and conditions of the Promotion (“Terms”). It is expressly clarified that a Participant shall be eligible to receive the appropriate Promotion Cashback Amount under this Promotion only if such Participant complies with these Terms, and is a valid operator/user of a Paytm Wallet account in accordance with the Paytm Terms of Use.
    • The applicable terms will be hosted at the Paytm platform- www.Paytmmall.com/socialhelp Promotion Website. In case of a conflict between these terms and the terms mentioned at the Paytm platform, the terms mentioned at the Paytm Platform shall prevail.
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CCIPL and its Partners

    • This Promotion is organized by:
      • CCIPL, having its corporate office at 1601-1701, One Horizon Center, DLF Golf Course Road, Phase V, Sector 43, Gurgaon, Haryana
      • Paytm E-commerce, having its corporate office at B-121, Sector-5, Noida – 201301; and
      • One97, having its corporate office at B-121, Sector-5, Noida – 201301.
    • One97, inter alia, owns the “Paytm Wallet”, an online/mobile pre-paid payment instrument issued by One97.
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Agreement to Terms and Conditions

    • Entry and participation in this Promotion will be deemed as an unconditional and an unequivocal acceptance of these Terms, including any modifications, revisions and amendments thereto.
    • The decisions of CCIPL, Paytm Mall and/or One97 shall be final and binding on the Participants in all matters related to the Promotion.
    • Further, the Participants recognize that these Terms may be modified by CCIPL/Paytm Mall/One97 from time to time without any prior/public notice by posting the applicable terms and conditions on the Promotion Website. In addition, the Participants hereby acknowledge that the Paytm Terms of Use may be amended or modified from time to time by Paytm, and Participants shall periodically review such terms to familiarize themselves with any and all updates and changes.
    • CCIPL/Paytm Mall/One97 also reserves the right to cancel or terminate the Promotion at any stage without assigning any reasons whatsoever. Successfully entering the Promotion and redeeming the Paytm Code is subject to all requirements set forth herein.
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Promotion Period

    • This Promotion will commence on 1st October 2017 and will continue until 14th November, 2017, inclusive of both days (“Promotion Period”).
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Eligibility Criteria

    • Entry and participation in this Promotion is open to all persons currently residing in any Indian state/union territory/region, who satisfy each of the following criteria:
  • are over the age of 18 years;
  • have purchased the Coca-Cola Product in a bonafide manner;
  • have not been arrested or convicted of any crime or been the subject of any criminal investigation;
  • bear a good moral character and have not been implicated or named in any legal proceedings (either Civil or Criminal);
  • are not management, employees, directors or contractors, or the family of the management, employees, directors or contractors of CCIPL, Paytm Mall and/or One97, or their related entities or other agencies, firms or companies associated with the Promotion.
    • Eligible Persons
      • For the sake of clarity, this Promotion is not open to Non-Resident Indians (NRIs), Overseas Citizens of India (OCIs) and Persons of Indian Origin (PIOs).
      • Eligible persons participating or seeking to participate in the Promotion shall individually be referred to as “Participant” and collectively as “Participants”.
      • Persons intending to participate in the Promotion, who have listed their phone numbers on the National Do Not Call Registry (“NDNC Registry”), shall de-register themselves from the NDNC Registry till the completion of the Promotion. Such persons agree not to make any claim or raise any complaint whatsoever against CCIPL in this respect. Please note that persons intending to participate in the Promotion who have not de-registered themselves from the NDNC Registry shall also have no right to make any claim or raise any complaints against CCIPL, Paytm Mall, One97 or any other agents of CCIPL if they do or do not receive any call with respect to their application, participation and all other matters pertaining to the Promotion.
      • By participating in this Promotion, the Participant agrees to receive details and information about this Promotion on his/her mobile, through SMS or voice calls, during the tenure of the Promotion.
    • To be eligible to claim the gratification/s under this Promotion, the Participant must have a valid Paytm KYC verified account (as per RBI guidelines). If the Paytm account is not KYC verified, the Participant must submit documents for KYC and get his/her account KYC verified before claiming the Cashback.
    • One97, CCIPL and Paytm Mall reserves the right to exclude any Participant from the Promotion on any grounds including but not limited to that of misconduct or criminal record.
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How to enter the Promotion

    • Participants wishing to participate in the Promotion may submit the Unique Code found overleaf on the label of the Coca-Cola Product purchased by him/her through the following steps.
    • Steps of Redemption & Conditions Related to Credits
      • The Coca-Cola Products shall contain a Unique Code overleaf on the label.
      • Participants may SMS the Unique Code to 9901299012 to receive the Paytm Code via return SMS.

Please note that a number shall be debarred from taking part in the Promotion upon sending 10 or more SMS with incorrect codes.

      • Participants are required to go to www.Paytmmall.com/social and apply the Paytm Code in the ‘add to wallet’ section during the Promotion Period. In the event the Participant is an existing user of a Paytm Wallet account, such Participant shall be required to sign in to his/her account in order to be eligible to receive the credits under this Promotion. However, in the event that the Participant does not operate a Paytm Wallet account, such Participant must register for a Paytm Wallet account on the Website/Mobile Application in accordance with the Paytm Terms of Use, in order to be eligible to avail Paytm Cash under this Promotion.
      • After logging into the Paytm website/mobile application, applying the Paytm Code as set out  above and in the instance of a Second, Third or Fourth Redemption, carrying out the necessary purchase on the Paytm Mall mobile application or website, the Participant shall be eligible to receive a credit of the appropriate Promotion Cashback Amount (Paytm Cash) in his/her Paytm Wallet within 24 hours of shipping , subject to the Paytm Terms of Use for the Paytm Wallet (as available at: https://Paytm.com/socialhelp). In particular, the Participant agrees and acknowledges that each Paytm Wallet account is subject to certain monthly monetary value storage restrictions, as provided in the Paytm Terms of Use, and accordingly the redemption of Paytm Cash under this Promotion may be delayed for such period as necessary, in order to satisfy the conditions of the Paytm Terms of Use. In this respect, the Participant hereby acknowledges and agrees that he/she shall make no claims to CCIPL, Paytm and/or One97 with respect to any delay in the availing Paytm Cash under this Promotion.
      • In the event the Participant fails to make the appropriate purchase within the stipulated time for the Second, Third or Fourth Redemption, the Participant shall not be eligible to receive the Promotion Cashback Amount (Paytm Cash) under this Promotion and shall make no claims to CCIPL, Paytm and/or One97 in this respect.
      • The Participant agrees that the Paytm Mall’s decision as to whether the purchase was made and whether the purchase was made within the stipulated time limit is final, and the Participant shall not raise any dispute in respect of the same.
      • Participants expressly understand and agree that any the Paytm Cash credited to a Participant’s Paytm Wallet account under this Promotion, can be used solely for the purposes outlined in the Paytm Terms of Use for the Paytm Wallet.
      • The Participants may not exchange or assign the gratification under this Promotion, and shall not be entitled to any compensation whether in cash or kind from CCIPL, Paytm Mall or One97.
      • If an entry is received after the completion of the Promotion Period, the Participant will be informed about the closure of the Promotion, and such Participant shall not be eligible to receive any Promotion Cashback Amount (Paytm Cash) under this Promotion.
      • If the Participant submits more than ten (10) invalid Unique Codes/Paytm Codes, the Participant will no longer be eligible to participate in the Promotion and shall be informed of the same via SMS.
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Publicity

  • The Participants undertake and irrevocably and unconditionally permit CCIPL/One97/Paytm Mall to cover the Promotion through various media including newspaper, radio, television including news and other channels, internet, point of sale materials, etc., and shall not raise any objection, protest or demur whatsoever to such coverage or in this regard.
  • The Participants must, at the request of CCIPL/One97/Paytm Mall, participate in all promotional activity (such as publicity and photography) surrounding the Promotion, free of charge, and they consent to CCIPL using their name and image in all promotional materials.
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Intellectual Property Rights

  • All right, title and interest, including but not limited to the intellectual property rights, in the promotional material(s) shall vest solely and exclusively with CCIPL at all times. CCIPL or any person or entity permitted by CCIPL in this regard shall be entitled to use any information in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and or payment to the Participant.
  • All material submitted in connection with the Promotion (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of Participants are assigned to CCIPL/One97/Paytm Mall upon submission and become the property of CCIPL/One97/Paytm Mall exclusively. CCIPL/One97/Paytm Mall may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the property of CCIPL/Paytm Mall/One97.
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General Conditions

    • Each Participant represents and warrants that he/she is legally competent to enter into binding contracts under applicable laws, and is currently residing in the Territory.
    • CCIPL/One97/Paytm Mall may, at any time, verify or authorize verification of the Participant’s Unique Code/Paytm Code and disqualify any Participant (at any stage of the Promotion) if it is found that such Participant has submitted the Unique Code/Paytm Code by means which are inconsistent with these Terms.
    • CCIPL/One97/Paytm Mall may, disqualify any Participant if such Participant engages in or it is found that such Participant has engaged in any illegal, unlawful or improper conduct (with regard to the Promotion or otherwise).
    • The decision of One97 to credit the appropriate Promotion Cashback Amount (Paytm Cash) as the case may be, in the Paytm Wallet of the Participant entering the Paytm Code and making the appropriate purchase, is subject to abiding by the Terms contained herein, as well as the Paytm Terms of Use. No correspondence or any other claims whatsoever, in this regard will be entertained by CCIPL, Paytm Mall or One97.
    • CCIPL/One97/Paytm Mall reserves the right at its sole discretion to cancel, terminate, postpone, modify or suspend the Promotion in whole or in part at any time including if, for any reason, the Promotion is not capable of running as planned, including due to any technical failure or any other causes beyond the control of CCIPL, Paytm Mall or One97and will not be liable for any consequential losses/damages. All Participants agree that no claims or complaints may be raised against CCIPL, Paytm Mall, One97 or any of their affiliates, representatives, associates etc. in this respect. Any decision of CCIPL in this regard and in general with respect to this Promotion and the Terms thereto shall be final, binding and non-contestable.
    • CCIPL/One97/Paytm Mall further reserves the right to modify or cancel the Promotion Cashback Amounts (Paytm Cash) offered under this Promotion, at its sole and absolute discretion. The Participants agree that no claims or complaints whatsoever may be raised against CCIPL, Paytm Mall, One97 or any of their affiliates, representatives, associates etc. in this respect.
    • Participants shall follow all directions/rules and regulations (whether communicated in written form or verbally) framed by CCIPL, Paytm Mall or One97 at all times in connection with the Promotion. Any deviation or objection by any Participant(s) may result in their disqualification from the Promotion.
    • The Participant(s) hereby undertake to provide and/or execute any documents as may be deemed necessary by CCIPL/One97/Paytm Mall to effectively carry out his/her obligations under the Promotion and/or its Terms.
    • Nothing contained herein amounts to a commitment or representation by CCIPL/One97/Paytm Mall to conduct further promotions.
    • The decision of CCIPL/One97/Paytm Mall shall be final in all regards and no communication shall be entertained in this regard. None of the provisions of these Terms shall be deemed to constitute a partnership or agency between any Participant and CCIPL/One97/Paytm Mall and the Participant shall not have the authority to bind CCIPL/One97/Paytm Mall in any manner whatsoever.
    • CCIPL, Paytm Ecommerce, One97 and other agents of CCIPL shall not be liable to perform any of their respective obligations under the Promotion or redeem the Paytm Code where they are unable to do so as a result of circumstances beyond their control in the nature of fire, explosions, natural calamities, state emergency, riots, government restrictions or any other Force Majeure condition, etc., and shall not be liable to compensate the Participants in these circumstances.
    • Failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies on the part of CCIPL, Paytm Mall or One97.
    • Participants undertake not to, at any time, disclose, reveal, communicate or otherwise make public any information relating to CCIPL/One97/Paytm Mall, their respective  business, personnel, servants, agents or officers to anyone.
    • CCIPL/One97/Paytm Mall accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, communication, documents, claims or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise.
    • CCIPL/One97/Paytm Mall shall not liable for any consequences of user error including (without limitation) costs incurred. . In addition if the documents and other requirements are lost, damaged, defaced, tainted, illegible or corrupted on account of the fault or deficiency of the internet service provider/telecom operators, CCIPL/Paytm shall not be under an obligation to entertain such entries of Unique Codes/Paytm Codes (as the case may be) and Paytm may at its sole discretion choose to disentitle the Participant. CCIPL/Paytm Mall/One97 is not obliged to inform such a Participant of the disentitlement; however, it may choose to bring the same to the notice of the Participant through any of the means available to it.
    • If a Participant is dissatisfied with the Promotion or the Promotion Terms, his/her sole and exclusive remedy is to not participate in the Promotion.
    • The general terms and conditions and privacy policy on the Promotion Website shall be applicable in addition to these Terms.
    • The Participants hereby irrevocably authorize CCIPL/One97/Paytm Mall and its owners, affiliates, subsidiaries, associates to use the data gathered during and/or after the Promotion  in respect of the Participant (including but not limited to name and photograph) in any of its communications including marketing promotions and advertisements. By participating in the Promotion, Participant/s confirms to waive the applicability of rules and regulations of the National Do Not Call Registry and agrees to receive updates and promotional messages / SMS / Email / Call for current and future offer and contests from CCIPL/One97/Paytm Mall.
    • Please note that neither CCIPL, Paytm Mall, One97  or any of its affiliates, representatives etc. shall be responsible for any disruption, disturbance or disconnection in the internet and all disputes, complaints, claims shall be raised with the internet service provider only.
    • These Terms may be altered by CCIPL/One97/Paytm Mall at its sole and absolute discretion and without any notice to the Participants.
    • All incidental costs, taxes or levies related to the gratification(s), if any, shall be exclusively borne by the Participant, including but not limited to TDS, gift tax/GST (if any), Insurance and any other taxes applicable by the Central, State or Municipal government.
    • CCIPL, One97 and/or Paytm Mall may require the Participants to participate in promotional activities (such as publicity and photography) free of charge, and he/she consents to the usage of his/her name, photograph, film recording, portrait, picture, voice, likeness and biographical information for media coverage, news or information and for advertising or promotional purposes in any media for an unlimited period without remuneration (“Publicity Material”). The license to use the Publicity Material shall survive the termination or expiry of this Promotion.
    • The residents of any state within territory of India, wherever prohibited by Law shall not be entitled to participate in this Promotion as applicable.
    • If the Participant purchases a product or service on Paytm platform, that is greater in value than the amount of cash the Participant has in the Paytm wallet, the Participant shall have to pay for the differential amount through any means available/ accepted by Paytm on the Paytm platform.
    • The Participants may be required to submit KYC documents to Paytm in order to avail the applicable Paytm Cash. In the event that the Winner fails to submit the same, he/she shall be disqualified from availing the applicable Paytm cash.
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Release and Limitations of Liability

    • By entering the Promotion, the Participants hereby release from and agree to indemnify CCIPL, Paytm Mall, One97 and/ or any of their respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the participation in the Promotion and/or redemption of the Paytm Code in Participant’s Paytm Wallet.
    • CCIPL, Paytm Mall and One97 accept no liability, whether jointly or severally, for any errors or omissions, whether on behalf of themselves or third parties in relation to the redemption of the Paytm Code in the Participant’s Paytm Wallet.
    • CCIPL, One97 and/or Paytm Mall and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for any late, lost, misrouted, garbled or distorted or damaged transmissions or entries.
    • The Participant(s) shall be solely responsible for any consequences which may arise due to their participation in the Promotion by conducting an illegal act. Participant(s) also undertakes to indemnify CCIPL, One97 and/or Paytm Mall and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by CCIPL, One97 and/or Paytm Mall on account of such act on the part of the Participant. Participant(s) hereby agree to indemnify, defend and hold harmless CCIPL, One97 and/or Paytm Mall in case of any loss or liability (including but not limited to liabilities, judgments, damages, losses, fines and penalties, claims, costs and expenses such as attorneys’ fees and expenses) or any other loss associated with, arising out of or incidental to their ineligibility to participate, any untoward, rash or negligent act on their part, or non-compliance or alleged non-compliance with these Terms, any other rules, regulations, directives (whether written or verbal) issued by CCIPL, One97 and/or Paytm Mall from time to time, during the Promotion.
    • To the fullest extent permitted by law, in no event will CCIPL, One97 and/or Paytm Mall or any of their respective officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that CCIPL/One97/Paytm Mall may engage for purposes of the Promotion), be liable for any loss or damages (including, without limitation loss of income, profits or goodwill, indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the Promotion and/or the Promotion Cashback Amouts, even if CCIPL, One97 and/or Paytm Mall has been advised of the possibility of such damages in advance, and all such damages are expressly excluded. The Participant shall indemnify, defend, and hold CCIPL, One97 and/or Paytm Mall harmless in the event of there being any third party/entity/organization claims arising from or related to his/her participation in the Promotion. In no event shall CCIPL, One97 and/or Paytm Mall be liable to any Participant for acts or omissions arising out of or related to the Promotion or his/her participation in the Promotion.
    • Apart from the entitlement to the applicable Paytm Cash, the Participant or their legal heirs/ successors/ representative will have no other rights or claims against CCIPL/One97/Paytm Mall, its owners and affiliates. Maximum aggregate liability of CCIPL/One97/Paytm Mall shall not exceed value of the applicable Paytm Cash in case of any dispute, in pursuance to the terms and conditions herein.
    • Failure by CCIPL/One97/Paytm Mall to enforce any of their rights at any stage does not constitute a waiver of those rights. Further, One97/Paytm Mall may assign any of its rights within the Promotion to any party without prior intimation to Participants.
    • In consideration of  CCIPL/One97/Paytm  Mall allowing the Participant(s) to take part in the Promotion, to the maximum extent permitted by law, the Participant(s) waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against CCIPL, One97 and/or Paytm Mall, their respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the Promotion or related to the Promotion Cashback Amount(Paytm Cash).
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Dispute Resolution and Governing Laws

    • Any dispute arising out of this Promotion and terms & conditions of this Promotion shall first be attempted to be resolved amicably through negotiations. In the event, amicable settlement fails, dispute shall be referred for Arbitration to a Sole Arbitrator to be appointed by Paytm Mall whose decision shall be final and binding on all. The place of arbitration shall be Delhi. The Courts at Delhi shall have the exclusive jurisdiction in respect of all the subject matter with relation to the Promotion.
    • The courts of competent jurisdiction at New Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Promotion.
    • Participation in the Promotion is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this clause.
    • Further all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Participants and/or CCIPL/One97/Paytm Mall and/or partners of this Promotion, shall be governed and construed in accordance with the laws of the Republic of India.