Pampers Mobile Application - Terms and Conditions

TERMS OF USE AGREEMENT

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS
WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU
REGISTER, PARTICIPATE IN AND/OR USE THE PAMPERS MOBILE
APPLICATION.

 

The following Terms of Use Agreement governs use of the Pampers Mobile Application (“App”), as provided by Procter & Gamble Home Products Pvt. Ltd. (“P&G,” “us,” “we,” or “our”), by all those who download, use, access the App, including without limitation persons and representatives of entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store, or transmit digital content (collectively, “you” or “your”).

These Terms of Use, together with any other disclosures, updates, rules, postings, bulletins, or other terms listed or communicated on or through the App (collectively, the “Agreement”), and the general P&G Terms & Conditions constitutes a legal and binding agreement between you and P&G. By downloading, using or accessing (without or without registration) on any aspect of the App, you agree to comply with all terms set forth in the Agreement.

PRIVACY:  We work hard to build and maintain a relationship of trust with you. So, when it comes to handling your information, we do so carefully and sensibly, and in ways that live up to that trust. Our Privacy Policy lets you know how we do that, including what information we collect (including any sensitive personal information), how we use and protect it, and how you can decide what we do with it. Our goal is to help you understand how we use your information to improve our content, products, advertisements, and services. The P&G Privacy Policy is hereby incorporated into and made a part of this Agreement. P&G is the data controller of the personal information that you share with us when using the app. This includes your personal details and information as part of your registration process, the information you share when using the app and update your data. The information you provide in these instances is necessary for the app to be functional and P&G to deliver its service. We will also use the information to provide in order to serve you relevant educational material in the app as part of its features. Please also note that by downloading, using this Pampers App, you expressly give your consent to receive communications reg. commercial and other matters that may be of interest to you via email, and also via SMS. This information may be transferred outside India to other group companies of P&G, and to third parties acting on behalf of P&G.

You have data protection rights: you may access, correct, erase, transfer to another provider, object to or restrict our processing of the personal data we have about you, or withdraw your consent. And If you are not happy with our response to your requests, you also have the right to lodge a complaint with the data protection authority in your country.

The App collects the information you provide when you download and register the App. The App may collect certain information automatically. This information includes but is not limited to the type mobile device you use, mobile advertising IDs / mobile devices unique device ID, your IP address, your mobile operating system, and information about how you use the App.

ELIGIBILITY: Your participation is completely voluntary. You represent and warrant that all information you submit is truthful and accurate. You agree to maintain the accuracy of such information. You further represent and warrant that you are eighteen (18) years of age or older and have the capacity to enter into a binding contract or are a parent/ legal guardian of your child. Your use of the App shall not violate any applicable local, state, federal, or international laws or regulations. The App is only available to individuals who are legal residents of India.

MOBILE: Use of a mobile device may require payment of a monthly fee to a wireless carrier. You are responsible for having a mobile communications subscription with a participating carrier or otherwise having access to a mobile communications network for which we make the App available. You are responsible for having all equipment and software necessary to connect to the App, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the App. You are responsible for any mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your carrier) in connection with your access, download and use of the App.

While we have endeavoured to make the App available on most popular devices/operating systems, please note that the App is made available by us in good faith, and on an “AS IS” basis. P&G provides no representations or warranties in relation to the APP, any content therein, the suitability thereof, or its continued availability or performance.

P&G will not be liable for any delays in the receipt of any submissions, as delivery is subject to effective transmission from your network operator.

P&G does not warrant that the functions contained in the materials will be uninterrupted or error-free, and that defects will be corrected. P&G does not make any representations or warranties regarding the use or the results of the use of the materials in App in terms of their correctness, accuracy, reliability, or otherwise. Interruptions of the App will occur from time-to-time for many reasons, such as when mobile coverage is not available from your wireless carrier and outages and periodic maintenance is experienced/performed by P&G or your wireless carrier.

PLEASE ALSO NOTE THAT THE APP IS NOT DESIGNED TO PROVIDE MEDICAL ADVICE/OPINION AND FOR ALL SUCH PURPOSES, YOU ARE ADVISED TO CONTACT A QUALIFIED MEDICAL PROFESSIONAL OF YOUR CHOSING.

You understand and agree that the downloading of the App to your wireless device is at your own discretion and risk. You will be solely responsible for any damages to your wireless device or loss of data that results from such download and use.

ANALYTICS: The App uses third party service providers in order to analyze the data we collect from your use of the App and/or to create accurate, real time user data reports. For this purpose, we share data pertaining to your use of the App with such third-party service providers and your use of the App is your express acceptance thereof.

PHOTOS: The App is capable of displaying photographs from your device. By enabling the photos feature of the App, you hereby expressly authorize P&G and the App to access your device’s photos to display in the App. If you decline permission for the App to access your photos, then the App will not be able to display your photos to you. Please also note that any responsibility towards any photos or other such content that you may post/display on the App is yours alone. You specifically represent and warrant that you will NOT post/display any content contrary to the applicable laws. You further represent and warrant that you will, at all times, share only photos/content that belong to you.

REWARDS: 
Participation in the Pampers App Rewards program is available to all users of the App, in accordance with the terms and conditions specified herein. However, participation is purely voluntary and at your discretion. Nothing contained herein shall be construed as imposing any binding obligation on P&G to continue to offer the Rewards program in perpetuity, and as such P&G may at its sole discretion (without any prior notice and without any liability), suspend or terminate the Rewards Program wholly or in part, or substitute the same with any similar or other program/scheme.

P&G may, from time to time, specify the criteria for a user to be awarded ‘Pampers Points’. P&G may also prescribe ‘Levels’ of eligibility for different categories of rewards available on the basis of accumulation of Pampers Points by a user. These may vary from time to time, and a user is advised to check the App regularly for the same. P&G reserves the right to disqualify any User, or ‘cancel’ the Pampers Points or Levels accumulated by any User, if (a) a User fails to comply with any Terms of use of this App, (b) if any information provided by the User is incorrect and (c) if P&G has reason to believe that a User is engaged in any activity deemed undesirable by P&G (such as fraud, gaming the App etc.) for the purposes of availing ‘Pampers Points’. Any decision by P&G for such purposes shall be final, conclusive and binding on the User.

Redemption of the Pampers Points (subject to Levels) for Rewards is purely voluntary. Payment of any and all applicable taxes, charges or other government levies in connection therewith is the obligation of the User. Rewards may include P&G products and/or codes/coupons for availing discounts on (a) purchase of products via third party websites or (b) services offered by third parties. In all such cases, your interaction with any third parties offering products for sale or offering provision of services are matters between you and the relevant third party and you are advised to carefully ascertain the applicable terms and conditions in relation to such transactions between yourselves and the relevant third party. P&G expressly disclaims any liability whatsoever in connection with your interactions with any such third parties reg. any purchase of products or receipt of services, by You from any such third party accepting our discount coupons/codes. Selection, addition or deletion of the Rewards, offered at any given time shall also be at the sole discretion of P&G and are subject to change without notice. Visuals, if any, depicting such Rewards are purely indicative. Once redeemed, the User does not have any right to recover the Pampers Points spent.

The User expressly acknowledges and understands that P&G does not have any obligation whatsoever to make payments of monies in cash or otherwise to any User of the App including as compensation for any defect in products/services that a User may redeem as a Reward. The User also expressly understands that Pampers Points can be utilized only for the Rewards program and in such manner as specified by P&G from time to time, and cannot be exchanged for cash, or be transferred or redeemed by any person other than the User.

It shall be your responsibility to ensure that any information you may provide in connection with your redemption of Pampers Points for Rewards. You also expressly hereby provide your consent to P&G sharing your information (including but not limited to your contact details, your address etc.) with third parties in connection with any delivery of Rewards to You. Please also note that P&G does not provide any commitment or undertaking as to the quality, or timely delivery, of products, services that you may purchase from any third parties through our App. The existence of a dispute, if any, between You and such third party shall not constitute a claim against P&G.

PUSH NOTIFICATIONS: The App will send you push notifications to inform you when there are changes, news or when you have a set reminder. By using the App, you agree to receive these push notifications. These notifications can be configured in the Settings.

FEEDBACK: If you choose to review or provide information about the App, the App accepts anonymous feedback and ratings. P&G collects this information to improve the design and functionality of the App. P&G does not connect feedback to your account or personal information.

OTHER FEATURES: 

RULES OF USE:  You may display and, unless otherwise stated, electronically copy, download and print hard copy portions of the material from the App solely for your own noncommercial use. Any other use of materials on the App is not allowed without prior written permission of P&G. The App is intended for your personal use only. You are responsible for all use of the App by you and by those you allow to use, or provide access to, the App.

You may not send through the App content containing solicitations of money or services.

You may not send through the App content containing viruses, Trojan horses, worms, bots, malware, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information.

You may not provide to or post on or through the App any graphics, text, photographs, images, video, audio, or other material that constitutes junk mail, spam, advertising, adware, chain letters, pyramid schemes, and/or commercial offers. You may not repeat the same posting multiple times in a day or week.

You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from communicating ethnic/castiest slurs, religious intolerance, homophobia, and/or personal attacks on or through the App.

You further agree not to use any sexually explicit language or to provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is sexually explicit. Do not engage in "cyber-sex" (i.e., virtual or simulated sex") or solicit another to participate in "cyber-sex" on or through the App.

You may not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the App only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.

You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on or through the App does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.

The App may contain graphics, text, photographs, images, video, audio (including music) and other material that is clearly identified for your use (collectively, “Assets”). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely n the App, without any right to use, reproduce or share such Assets in any manner whatsoever outside of the App.

The App also contains other graphics, text, photographs, images, video, audio (including music), software, code, and other material that is provided by P&G or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and “look and feel” of the App, and advertising thereon (collectively, “App Content”). The App Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of P&G or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such App Content, including but not limited to the removal or alteration of advertising, is strictly prohibited. P&G grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or the Program except as expressly provided for in this Agreement.

You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through the App, including without limitation the Assets or App Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, P&G or the App.

You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the App or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the App.

You may not attempt to gain unauthorized access to P&G’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the App or otherwise.

You Must Keep Your Account Details Safe: you must treat your log in details as confidential and not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know, suspect or notice any unauthorized activity on your account, please let us know right away through the Help tab.

CHANGES TO APP: The Agreement may be modified from time to time; the date of the most recent revisions will be communicated on or through the App, so check back often. If you do not accept updated versions of the App as they become available, your experience may not reflect the most recent material, features and/or content, for which P&G specifically disclaims any and all responsibility and liability. Continued access of the App by you will constitute your acceptance of any changes or revisions to the Agreement.

VIOLATIONS OF TERMS: In addition to any legal remedies that P&G may have for your violation of the terms of this Agreement, your failure to follow these terms, whether listed in these Terms of Use or communicated on or through the App, may result in suspension or termination of your access to the App without notice.

ADDITIONAL TERMS AND CONDITIONS: Your use of the App is further subject to P&G’s Terms and Conditions: http://www.pg.com/terms.htm. The P&G Terms and Conditions are hereby incorporated into and made a part of this Agreement.

HOLD HARMLESS AND INDEMNITY: You agree to hold harmless and indemnify P&G and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the App, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

RELATIONSHIP OF THE PARTIES: The contributions provided by you are not to be considered as representative of the views of P&G or any of its subsidiaries or affiliates. In addition, no confidential or other relationship, fiduciary or otherwise, exists between you and P&G.

PROMOTIONS: Special terms may apply to other services or promotions offered by P&G, such as Official Rules for contests, sweepstakes, features and/or activities. Any such terms are in addition to these guidelines, and in the event of a conflict, this Agreement will prevail.

MODIFICATION OF TERMS: P&G may modify this Agreement at our sole discretion and without notice, which modification shall be effective immediately. It is your sole responsibility to update the application downloaded on your mobile device to ensure you have the latest update of Our Terms and the app, and that you can also receive notifications.

TERMINATION OF APP: You should not rely on the continued availability of the app as it may be terminated at any date at P&G’s discretion, without providing any notice to you.

CHOICE OF LAW, VENUE AND JURISDICTION: This Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of India, without regard to its choice of law provisions. You agree that any disputes directly or indirectly arising out of or relating to this Agreement shall be resolved exclusively in the Courts in Mumbai. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof, may not be changed except by an instrument in writing signed by both parties and supersedes any and all prior agreements between the parties. Those who choose to access the App do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

THIRD PARTY WEBSITES AND FEATURES: There may be links from the App, or from communications you receive from the App, to third-party websites or features including third party e-commerce portals. There may also be links to third-party websites or features in images or comments within the App. The App may also include third-party content that we do not control, maintain or endorse. Functionality on the App may also permit interactions between the App and a third-party website or feature, including applications that connect the App or your profile on the App with a third-party website or feature. For example, the App may include a feature that enables you to share content from the App or your content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. We do not control any of these third-party web services or any of their content. You expressly acknowledge and agree that we in no way are responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE APP ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the App or your profile on the App with a third party services and such services may interact with, connect to or gather and/or pull information from and to your App profile. By using such services, you acknowledge and agree to the following: (i) if you use a third party service to share information, you are consenting to information about your profile on the App being shared; (ii) your use of the third party service may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of the third party service is at your own option and risk, and you will hold us harmless for activity related to that third party service.

NO WARRANTY: THE APP IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOUR USE OF THE APP IS AT YOUR OWN RISK. P&G EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE APP OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.



IF YOU DO NOT AGREE TO THE ABOVE TERMS OF USE, DO NOT DOWNLOAD OR USE THE PAMPERS APP.