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Terms & Conditions - Axalta Scheme

a) Definitions

APPLICATION means the software program _______ (“App”) provided by a Third Party named Sproxil Brand Protection Solutions Pvt. Ltd(“Service Provider”), engaged by Axalta Coating Systems India Pvt. Ltd. (“Axalta”) and downloaded by the User on any electronic device.

USER means the selected users approved by Axalta having a valid login credential on the App. User shall mean one individual and not a group of individuals. If it comes to the knowledge of Axalta that a group of individuals is acting as a ‘User’, then such ‘User’ shall be disbarred from participating in the Scheme, without any liability on Axalta.

SCHEME means The_______Scheme proposed by Axalta for its Users. The Scheme shall be valid from _______ till ________ (“Scheme Period”). Extension rights of the Scheme lies with Axalta and such Scheme may be extended for further period, without prior notice to the User.

b) User Eligibility

User represents that he/she is over the age of 18, is a National of India, is having a valid Bank Account in a Nationalized Bank and valid proof of identity and age in the form of a copy of PAN Card / Driving License / Voter ID / Indian passport.

c) KYC Submission

The User shall submit his/her required KYC details to the allocated Sales Team/ Member of Axalta and on approval of the same shall be eligible for further scanning. User must share information they own rights to. In no event shall Axalta be responsible, or have any liability, for any incorrect or inaccurate information provided by the User.

d) Intellectual Property Rights

All IPR rights including trademark, copyright, and designs used are the property of their respective owners. If the User has to choose a username on the Application, it shall not infringe trademarks, IPR, copyright of any third party i.e., usernames like Google, Facebook, etc.

e) Scheme Limitations

The User is restricted to resale, pass on, combine or exchange benefits under this Scheme with any other program/incentive/scheme. This Scheme shall be independent of any other Scheme(s).

f) Service Disclaimer

Axalta makes no warranties or representations that the Application and access thereto or other communication over the App will be free from outages, malware, and disruptions and shall bear no liability vis-à-vis the User in such cases.

g) Privacy Policy

By entering the Scheme, each User agrees that any personal information provided in connection with the Scheme may be held and used by Axalta (and/or its service provider) for the purposes of this Scheme, in line with Axalta's Privacy Statement.

h) Product Distribution

In case Products are provided to the eligible User, they will be sent out by the Third Party engaged by Axalta, at the address(es) provided by the User. Such Third Party shall be responsible for and may be contacted at _______ for any queries.

i) Liability on Products & Cashback

The liability of such Products including warranty, specification, quality replacement, etc. shall be that of the Original Manufacturer. Axalta assumes no responsibility for any aspects not fulfilled by the manufacturer.

j) Product Availability & Substitution

Where the Product is subsequently not available for any reason beyond Axalta’s control, Axalta retains the right to substitute the prize with another prize of similar value. No cash alternative is available in any circumstances.

k) Legal Heir Claim

In the event of death of the Confirmed Winner, claims only from his/her legal heir will be entertained for receiving the reward/product.

l) Tax Obligations

Any taxes or charges incurred by the User including GST, TDS, etc., arising out of receiving any benefit/prize/product/cashback under the Scheme, shall be borne solely by the User.

m) Limitation of Liability

User will hold Axalta harmless, and Axalta shall not be liable for any direct or indirect losses, damages, taxes, liabilities, or inconvenience suffered as a result of accessing the Application or participating in this Scheme.

n) Force Majeure Clause

Axalta shall not be liable for non-compliance where failure is caused by reasons outside its reasonable control including but not limited to Acts of God, natural disasters, strikes, industrial disputes, war, hostilities, political unrest, riots, civil commotion, supervening legislation, or force majeure.

o) Right to Terminate

Axalta may terminate or suspend the User’s access without prior notice or liability, if the User breaches any of these Terms and Conditions.

p) Legal Decisions

All decisions made by Axalta regarding the Scheme shall be final and binding. Disputes, if any, will be settled by Axalta leadership and shall be subject to New Delhi Jurisdiction, India.

q) Validity of Provisions

If any provision of these terms and conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

r) Agreement to Terms

By participating in this Scheme, each User agrees that he/she has read, understood and is bound by these T&C. These T&C may be modified by Axalta from time to time.

s) Electronic Record Notice

This document is an electronic record in terms of the applicable Information Technology Act, 2000, and the Rules there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.