Terms
and Conditions:
INTRODUCTION: =>
=>
Warid Telecom (Pvt) Limited
(henceforth “Warid”) provides telecommunication services in the Islamic
Republic of Pakistan, AJK and Gilgit Baltistan (the “Territory”). Warid is
offering various value added services (“VAS”) including short messaging service
(“SMS”), Wallpapers and Ringtones.
=>
Warid is launching a new bundled VAS
bundle called “Warid Maal Dhamaal Bundle” (the “Maal Dhaamal Bundle”). The Maal
Dhamaal Bundle consists of 10 SMS and 10 credit points to down load 10Contents
which can be Wallpapers and/or Ringtones offered by Warid. A customer
purchasing the Maal Dhamaal Bundle can download a combination of Wallpapers and
Ringtones. The Maal Dhamaal Bundle price is Rs.9.99 plus tax (defined as
Charges in below). The Maal Dhamaal Bundle offers a bundled discount on the
otherwise retail price of the products included in the Maal Dhamaal Bundle,
which would cost the customer at least Rs.20 if purchased otherwise without
such discounted bundle. The Customer acknowledges that all SMS’s purchased
through the Maal Dhamaal Bundle shall be activated and become available to the
Participant by Warid for use a maximum of sixty (60) days after the expiry date
of this Campaign and shall be directly credited to the Customers MSISDN
account.
=>
Warid is launching an SMS based
campaign (the “Campaign”)for the promotion of its Maal Dhamaal Bundle; the
duration of the Campaign is provided here in below.For the purposes of the
Campaign, Warid has created a web site http://waridtel.com/maaldhamaal (“Web
Site”) and defined an IVR short code 3001(IVR) containing these Terms and
Conditions (as defined below)to give the detailed information pertaining to the
Campaign. The Web Site is publically accessible, whereas the IVR shall be accessible
to Customers only. Warid has also createda WAPSite (http://maaldhamaal.waridtel.com)which
may be updated from time to time to incorporate the new Wallpapers and
Ringtones (hence forth the “WAP Site”).
=>
The terms and conditions mentioned
herein (“Terms and Conditions”) shall determine the rights and liabilities of
Warid and the Participant (as defined below) regarding the Campaign. In order
to participate in the Campaign, the Customer shall accept the Terms and
Conditions in their totality by replying/sending an SMS to 3000. The
sending/replying of the SMS to 3000, with or without any text there on, would
be for all intents and purposes considered the acceptance on the part of the
Customer to the Terms and Conditions in their totality. The sole consideration
granting the Customer the right to participate in the Campaign is the purchase
of Maal Dhamaal Bundle(s).
DEFINITIONS
AND INTERPRETATIONS:
2.1
Definitions:
=> Unless the context requires
otherwise, the expressions used in these Terms and Conditions and not defined
elsewhere in such Terms and Condition shall have the following meanings
assigned to them:
=>
“Advertisement” or “Advertised by
Warid” means publication or advertisement of any information, policy, notice,
intimation, public message or any other communication regarding the Campaign,
collectively or separately, through any medium including but not limited to
television, radio, outdoor, hoardings/bill boards, internet, cellular and/or
print media etc;
=>
“Terms and Conditions” means these
terms and conditions;
=>
“Approved modes of communication”
means any of the modes of communication provided in Telecom Consumer Protection
Regulations, 2009 as amended from time to time;
=>
“Charges”means the price of the Maal
Dhamaal Bundle which shall be paid by the Participant through an SMS on the
Paid Short Code (i.e.3000);
=>
“Connection” means Post-paid
Connection or Pre-paid Connection issued by Warid to the Customers;
=>
“Contents” means the Wallpapers
and/or Ringtones defined herein;
=>
“Credit Points” or “CP”or “Credit”
means credit points acquired by the Participant upon purchasing the Maal
Dhamaal Bundle against an SMS sent on the Paid Short Code 3000. The Credit
Points shall be used as a voucher to download Contents and entry voucher in the
Lucky Draws;
=>
“Customer” means the customer
(including natural or legal person)who is availing Warid Services through an
MSISDN registered and activated validly in his name;
=>
“Encryption” means any technique
used by Warid to reasonably secure the data, voice transmission or other
communication over the System including but not limited to prevent eaves
dropping over its telecommunication system except as required by the law or
beyond its reasonable control;
=>
“FOC Short Code” means short code 3001,
which can be accessed by the Customer/Participant through SMS free of charges
for the purposes of this Campaign;
=>
“Fuel”shall only mean Super Petrol;
=>
“GPRS” means General Packet Radio
Service offered by Warid to the Customers;
=>
“License” means the relevant GSM
License issued to Warid by PTA for provision of Services in the Territory;
=>
“Lucky Draw(s)” means the lucky
draws held under this Campaign including the Daily lucky draw, Grand Lucky Draw
and Bonus Lucky Draw;
=>
“Maal Dhamaal Bundle” or “Bundle”
means a bundle of VAS products consisting of ten (10) SMS and ten(10) Credit
Points (which Credit Points are used to download a Content against each Credit
Point) to be purchased by the Participant by paying the Charges and Taxes
through an SMS sent on the designated Paid Short Code;
=>
“MSISDN Number” means a unique
numerical number assigned against each Connection for availing Warid Services;
=>
“Network” means Warid’s GSM network
as and where installed throughout the Territory which is run and supported by
the System;
=>
“Paid Short Code” means the short
code of 3000;
=>
“Parties” unless the context
provides otherwise means Warid and the Participant;
=>
“Payables” or “Dues” mean any
payments due against the Customer for availing Warid Services as per the
relevant agreement there of;
=>
“Post-paid Connection” means such
Connection for which the Customer, subject to deposit of any applicable advance
or security, pays for the Warid Services after availing the Services;
=>
“Pre-paid Connection” means such
Connection for which the Customer pays for the Warid Services in advance before
availing such Services;
=>
“PTA” means Pakistan
Telecommunication Authority or its successor;
=>
“Ringtones” means ringtones
available on the WAP Site;
=>
“SIM Card” means subscriber identity
module card corresponding to the unique MSISDN Number issued to a Customer;
=>
“Participant” means the Customer who
has participated in the Campaign as per Clause 4.4 below;
=>
“System” means Warid’s GSM mobile
cellular system;
=>
“Taxes” or “t” include all or any
taxes, levies or fees levied/charged by federal government, any provincial
government or any other lawfully competent authority;
=>
“Territory” means the territories
for which Warid is authorized to provide Services under the License;
=>
“Value Added Services” or “VAS”
means any value added services offered by Warid from time to time to its
Customers;
=>
“Wall Papers” means the Wall Papers
available on the WAP Site;
=>
“Warid Services” means the services
offered by Warid from time to time through the System and Network including
cellular services and optional services pursuant to the License; and
=>
“Warid” means Warid Telecom (Pvt.)
Ltd. (including its successors and assigns) licensed by PTA to install and
operate the Network throughout the Territory in order to provide the Services.
2.2
Interpretations:
=>
Headings are included for
convenience only and shall not affect the interpretation hereof. Any reference
to the singular shall include the plural and vice versa and any reference to
one gender shall include all genders;
=>
The importance of Clauses shall not
be determined by their arrangement/order in these Terms and Conditions;
=>
The words “include”, “includes”,
“including” and “included” will be construed without limitation unless
inconsistent with the context; and
=>
The words not expressly defined
herein shall bear the dictionary meanings
CHANGES
IN THE TERMS OF CAMPAIGN AND QUIZ:
=>
Warid maintains the absolute right
to amend these Terms and Conditions by publishing the amendments and changes
onits official web site; however the Participant shall be intimated through an
SMS from FOC Short Code (i.e. 3001) or an SMS from Warid prior to any such
amendment or change, where after if someone shall reply/send an SMS to FOC
Short Code (i.e. 3001) or continue to participate by sending an SMS on the Paid
Short Code (i.e. 3000), it shall be considered the acceptance of the
Participant to such amended Terms and Conditions.
DETAILS
OF CAMPAIGN AND RIGHT TO ENTER IN THE LUCKY DRAW:
=>
The Customer acknowledges that Warid
has primarily launched this Campaign to promote the service of its wall
papers,ringtones, and SMS and specifically the Maal Dhamaal Bundle which has
been introduced hereby;
=>
All Customers upon electing to
participate in the Campaign by accepting the terms and conditions in the manner
prescribed herein shall become the Participants of the Campaign in terms here
of where after such Participant shall be eligible to participate in the Lucky
Draw(s)in accordance with these Terms and Conditions;
=>
To participate in the Campaign, the
Customer shall be registered as a Participant upon the purchase of the first
Bundle consequent to the acceptance of the terms and conditions whereupon the
Customer shall receivea ‘user name’ and ‘password’ to access the WAP Site portal;
=>
To participate in the Campaign, the
Customer may be registered as the Participant by purchasing the first Maal
Dhamaal Bundle by sending an SMS, with or without any text, on Paid Short Code
(i.e. 3000). The Participant understands and acknowledges that the first reply
to SMS from Short Code 3000 will result in the purchase of the first Maal
Dhamaal Bundle and shall representan unconditional acceptance of these Terms
and Conditions in their totality where of the link shall be sent to the
Customer in an SMS;
=>
After registration as a Participant,
the Participant shall receive his/her unique username and password which
represents an acknowledgement that the Participant has accepted the Terms and
Conditions and consented to registering for the Campaign;
=>
After registration as a Participant
the Participant shall become eligible to be entered in the Lucky Draws and the
Maal Dhamaal Quiz offered under the Campaign where the participation in the
Lucky Draw(s) and the Maal Dhamaal Quiz shall be free of cost;
=>
The Participant acknowledges that he
shall not reveal his password to any third party/person. The Participant shall
be exclusively responsible for all actions taking place through the use of his
password and also for maintaining its confidentiality. The Participant shall
not use the WAP Site for illegal or immoral purposes;
=>
The Customer/Participant
acknowledges that a number of SMS for the promotion of the Campaign and/or
maintain the interest of the Participant will be sent to him throughout the
duration of the Campaign.
=>
The Customer/Participant may
purchase as many Warid Maal Dhamaal Bundle(s)s as he wishes by sending an SMS
on the Paid Short Code where such SMS on being sent to the Paid Short Code
shall result in the Customer being charged Rs.9.99 plus Taxes as charges for a
Maal Dhamaal Bundle andin consideration thereof acquiring ten (10) SMS and ten
(10) Credit Points against each Maal Dhamaal Bundle purchased.
=>
The Participant acknowledges and
agrees that the Wall Papers and the Ringtones can be downloaded against the
Credit Points from the WAP Site and such downloading requires GPRS activation.
It is further acknowledged and agreed by the Participant that the GPRS shall be
charged separately as per Warid’s applicable tariffs (the detailed information
regarding charges for using GPRS can be obtained at http://www.waridtel.com).
DURATION
OF THE CAMPAIGN:
=>
Theduration of the Campaign is fixed
for 85 days starting from 15th April 2013 to 8th July 2013. Warid may
terminate/discontinue the Campaignat any time during the Campaign Period;
however the Customer/Participant shall be intimated in accordance with the
applicable laws before the termination/discontinuation date. After the
termination/discontinuation of the Campaign or expiry of Campaign Period,Warid
bears no obligation towards the Customer/Participant including but not limited
to any liability for not using the Credit Points before the
termination/discontinuation date or expiry of the of the Campaign as the case
may be.
INTELLECTUAL
PROPERTY RIGHTS:
=>
The Customer/Participant
acknowledges that Warid possesses all intellectual property rights for the
Wallpapers and the Ringtones to be downloaded by the Customer/Participant. The
Wallpapers and the Ringtones downloaded shall be only for the personal use of
the Customer/Participant and shall not be shared with any third party in any
manner.
OBLIGATIONS
OF PARTICIPANT:
=>
The Participant unconditionally
accepts the terms and conditions mentioned here in in addition to the terms and
conditions of Warid’s standard Cellular Services Agreement Form (“CSAF”) and
shall absolutely comply with them. The Customer/Participant shall refrain from
any illegal, unfair or improper actions/deeds/omissions while accessing the Web
Site, WAP Site and downloading the Wallpapers/Ringtones there from that can
cause any damage or malfunction to the WAP Site and, the Web Site or adversely
influence/jeopardize the provision of other Warid Services; in such case Warid
shall have all the rights available to it under these Terms and Conditions,
CSAF and the applicable laws.
LUCKY
DRAW:
=>
Each Credit Point acquired by the
Participant by purchasing Maal Dhamaal Bundle(s) shall be treated as an entry
to the daily and grand lucky draws (hereinafter respectively referred to as the
“Daily Lucky Draw”and “Grand Lucky Draw”). The Daily Lucky Draw shall be held
on daily basis during the Campaign Period except Sundays and the last day of
the Campaign (i.e. 85th day of the Campaign) and the Participant shall be
entertained in the Daily Lucky Draw of that day having entries therein equal to
his total Credit Points acquired by him on that day (starting from 00:00 and
ending on 23:59:59). The Participant shall be entered into the Daily Lucky Draw
notwithstanding the number of Bundles purchased on the given day. The Grand
Lucky Draw shall be held after the Campaign Period and the Participant shall be
entered in the Grand Lucky Draw having entries therein equal to his total
Credit Points acquired by him against purchase of Bundles during the Campaign
Period;
=>
The winner of each Daily Lucky Draw
shall be given a Gift of PKR 100,000/- (“Daily Gift”), whereas the winner of
the Grand Lucky Draw shall be given a Gift of PKR 10,000,000/-(“Grand Gift”);
=>
There shall be no additional cost
charged to any Customer/Participant for their entry into the Lucky Draw(s).
MAAL
DHAMAAL QUIZ:
=>
Warid has introduced a Maal Dhamaal
Quiz programme (the “Quiz”) which is supplementary to the Campaign;
=>
The Participant in consideration of
having registered in the Campaign and purchasing a Bundle shall be entered into
the Quiz at no further cost to the Participant;
=>
The Participant shall as part of the
Campaign to promote the Bundle receive an SMS containing a question with 2
options for possible answers. The said SMS containing the Quiz question shall
be an offer to purchase a single Bundle and the Customer/Participant shall, if
it exercises the option to purchase through a reply SMS, also become eligible
to participate in the Quiz as part of the Campaign and free of cost answer the
Quiz question.
=>
The Customer/Participant shall be
required to confirm its order and consent for the purchase of a Bundle along
with the answer to the Quiz question by replying to the SMS on the Paid Short
Code(i.e. 3000). Upon such reply to the Paid Short Code being sent, the
Customer/Participant shall be charged PKR 9.99 plus tax as Charges there to
being the sale price of the Bundle. However, the answer to the Quiz question
shall not be charged in any manner;
=>
It shall not be mandatory on the
Participant to reply to the SMS containing the offer to purchase the Bundle and
the Quiz question;
=>
Every SMS containing a Quiz question
sent to the Customer/Participant shall expire automatically as an offer to
purchase a Maal Dhamaal Bundle and to answer the Quiz question for acquiring
resultant points if the Participant has not replied thereto till the time a new
SMS containing a Quiz question is received by the Participant. Every new Quiz
question SMS may contain more difficult question as compared to the question
contained in the last SMS as the difficulty level of the Quiz may increases
with each Quiz question;
=>
The Participant shall receive
certain points on the correct answer to each Quiz question (the “Weekly Points”
or “WPts” or “WP”). The Participant shall receive hundred (100) Weekly Points
on the first correct answer and thereafter every correct answer shall earn the
Weekly Points equal to the number of correct answers sequentially during the
Weekly Period multiplied with 100 for example for the second correct answer the
Participant shall get the points: 2x100=200, and for third correct answer the
points shall be calculated as: 3x100=300). The wrong answer shall not earn any
Weekly Points. The total Weekly Points shall be equal to the Weekly Points
earned by the Participants from all correct answers.
=>
The Weekly Points earned during a
week, starting from Monday at 00:00 and ending at 23:59:59 on Sunday (the
“Week”),including the Bonus Weekly Points earned through participation in the
Bonus Scheme (as mentioned below) shall expire at 23:59:00 of every Sunday
during the Campaign Period.
=>
The Participant who earns
maximum/highest Weekly Points (including the Weekly Point earned through
participation in the Bonus Scheme) during the Week in the Quiz shall be
announced as the winner of the weekly Gift of PKR 500,000/-(“Weekly Gift”)after
verification mentioned herein.
=>
In case there shall be more than one
Participant who earned the same number of maximum/highest Weekly Points including
Bonus Weekly Points during the relevant Week, the Weekly Gift shall be divided
equally between all such Participants.
BONUS
SCHEME:
=>
During the Campaign Period, Warid
shall also announce the bonus schemes at various times consisting of five (05)
Bonus Quiz Questions. Warid shall randomly select a time span (“Bonus Period”)
of its own choice; however the Participant shall be intimated before the start
of such time span. During the Bonus Scheme, the Participant may participate in
such bonus scheme by replying to all of the five (05) Bonus Quiz Questions
received at different times during a single Bonus Period where the answer to
each Bonus Quiz Question is provided with each purchase of a Warid Malalmal
Bundle during the Bonus Period.The first correct answer to Bonus Quiz question
shall earn 1000 Weekly Points (“Bonus Weekly Points”)to the Participant and
thereafter every correct answer shall earn the Bonus Weekly Points equal to the
number of correct answers multiplied with 1000 for example for the second
correct answer the Participant shall get the points: 2x1000=2000, and for third
correct answer the points shall be calculated as: 3x1000=3000). The wrong
answer shall not earn any Bonus Weekly Points. The total Bonus Weekly Points
shall be equal to the Bonus Weekly Points earned by the Participants from all
correct answers to Bonus Quiz Questions.The Bonus Weekly Points shall be
credited to the Participant’s Weekly Points for the benefit in the Weekly Gift.
=>
The Participants who answers all
five questions during a single Bonus Period, whether correctly or incorrectly,
shall be entered in a lucky draw(“Bonus Lucky Draw”) and the winner of such
Bonus Lucky Draw shall be awarded with the bonus Gift(“Bonus Gift”). Not with
standing the Bonus Lucky Draw, the Bonus Weekly Points earned in the Bonus
Scheme through all or any correct answer shall be added in the Weekly Points
otherwise earned during the running week of the Quiz and stand expired with the
expiry of the Weekly Points. If any Participant has not replied to all five
(05) Bonus Quiz Questions, such Participant shall not be included in the Bonus
Lucky Draw, but his Bonus Weekly Points shall be benefited to him in accordance
here with. However, the addition of Bonus Points to the Weekly Points earned shall
not be subject to answer of all five (05) Bonus Quiz Questions.
=>
The details of Bonus Lucky Draw are
as follow:
=>
Bonus Gift shall be Free Fuel for 1
year;
=>
Free Fuel for 1 year will be given
to the winner of each Bonus Lucky Draw wherein participants of a single Bonus
Scheme Period shall be included who have given the reply to all 5 Bonus
Questions during the given Bonus Period, not with standing whether the answers
were correct or not.
=>
The monetary amount equal to 160
liters of Fuel per month for 1 year (1920 liters in total) will be awarded to
the winners of this Bonus Gift. The winners will receive a cash Gift equating
the existing price of 1920 liters, which shall be subject to deduction of
applicable taxes.
CONDITIONS
TO RECEIVE THE PRIZES:
=>
The Daily Gift, Weekly Gift, Bonus
Gift and the Grand Gift shall collectively be referred to as the “Gifts” and
separately as the “Gift”;
=>
All Gifts will be awarded not later
than 60 days of the expiry of Campaign Period;
=>
All Gifts will be subject to
applicable Taxes before being handed over to the winning Participant;
=>
The Gift winning Participant shall
be required to produce his original CNIC for verification of his antecedents
from Warid record and after verification such Participant shall be given the
Gift;
=>
If the winning Participant is under
18, then the Gift will be awarded to the person whose name the SIM is
registered and the Gift will be handed over only after verification in
accordance with clause 11.4;
=>
Warid reserves the right to
disqualify any Participant to receive the Gift if it has reasonable grounds to
believe that the Participant breached any provision of the Terms and Conditions
and/or the CSAF;
=>
The Gift winning Participant shall
be contacted by Warid and such Participant shall undertake in writing that he
is, the lawful owner of the SIM and MSISDN (cell number), is entitled to
receive the Gift and in case of any claimant disputing the receiving of such
Gift he shall be responsible for the settlement of such dispute and shall
indemnify Warid in full regarding such dispute (including but not limited to
all cost, expenses and reasonable attorney fees incurred by Warid in relation
thereto);
=>
The Gift winning Participant shall
provide all the documents required by Warid including a Disclaimer stating that
he is not disqualified under Clause 13.14 to participate in the Campaign;
=>
The Participant agrees that Warid
may use such photographs, videos and audio recordings taken at the time of Gift
distribution, communication happened/exchanged during contact by Warid for
intimation of Gift winning and other information including names, surnames etc
in Warid’s advertisements of the Campaign without any further/prior/specific
consent for such purpose. The consent given here and the incorporation of any
contents/information in the advertisement of the Campaign shall not entitle the
Participant for any remuneration/amount in any manner. If a winning participant
later becomes disqualified under these Terms and Conditions to receive the
Gift, then any release of advertisement about his winning shall not create any
obligation/responsibility on Warid in favour of such participant either related
to the Gift or to any social, financial or other exposure in this regard;
=>
Warid will select up to 5 runners-up
for every Gift. If the notified winner Participant cannot be reached/contacted,
disqualified or refuses the Gift or fails to appear to collect it within 15
calendar days (the “Grace Period”) of the notification/intimation, then Warid
will contact the second runner-up and so on, and declare such runner up
Participant the winner of the Gift. After the lapse of the Grace Period, the
claim from winning Participant/runner up shall not be entertained without
regard to the reason of such delay/lapse;
=>
The Gift winning Participant must
have a Bank Account in order to receive the Gift. In case the winner does not
have an existing Bank Account, he will be given a period of 15 working days to
open an account and revert back to Warid. In case he does not revert back to
Warid in the prescribed time period of 15 days from the
notification/intimation, it shall be considered the lapse of Grace Period and
such Participant shall face the consequences of lapse of Grace Period.
=>
The Participant acknowledges that
the decisions made by Warid shall be final and binding on him.
UNREGISTRATION
FROM THE CAMPAIGN:
=>
If any Participant desires to be
unregistered as a Participant from the Campaign, he shall send an SMS with
keyword “STOP” on the FOC Short Code3001. The accumulated Credit Points and/or
Weekly Points will be retained and the Participant will be eligible of Gifts if
applicable for the period the Participant participated in the Campaign. Upon
unregistering the Participant shall not receive any SMS’s containing an offer
to purchase the Bundle or answer a Quiz question;
=>
If a Participant decides to
re-register after unregistering from the Campaign, he can re-register as a
Participant by sending an SMS with any keyword or a blank SMS or an SMS
containing keyword “R” to the FOC Short Code3001. All previously accumulated
Credit Points and/or Weekly Points will automatically become available for the
re-registered Participant if so available for the defined and relevant period
of the Campaign. The re-registration of a Participant shall also represent that
the Participant has again accepted the Terms and Conditions.
MISCELLANEOUS:
=>
Warid shall not have any liabilities
towards the Participant after the expiry of Campaign Period except provided
otherwise expressly in the Terms and Conditions. Any Bundle purchased by a
Customer/Participant shall not be refundable;
=>
Warid shall not be responsible for
any loss or damage resulting to the Participant or any third party in any
manner in association and/or connection with the Campaign and participation
therein;
=>
Warid undertakes/gives no warranty
(whether express or implied) whatsoever with respect to the entitlement for any
Gift by mere participation of Participant in the Campaign;
=>
Fraud or abuse relating to accrual
of Credit Points or the Weekly Points, may result in forfeiture/cancellation of
such accrued Points as well as cancellation of a Participant’s eligibility for
the Campaign, suspension of Warid’s Services to the Participant and termination
of Participant’s Warid connection; and any decision by Warid in this respect
shall be final;
=>
Without prejudice to Clause 13.4,
all questions or disputes regarding eligibility of the Participant for the
Campaign, the accrual/accumulation of Credit Points or Weekly Points or any
Bonus Weekly Points and giving of Gifts shall be resolved by Warid in its sole
discretion and any decision by Warid in this respect shall be final;
=>
Warid’s failure or delay to enforce
a particular term and condition, right, remedy or penalty shall not constitute
as a waiver of that term and condition, remedy, penalty by Warid. Further the
enforcement of these Terms and Conditions, right, remedy or penalty shall not
mean the waiver of other terms, remedies or penalties available to Warid under
this document, CSAF, other applicable documents/agreements between Warid and
the Participant and the relevant laws;
=>
The reply the Customer sends to the
SMS from FOC Short Code containing the link of these Terms and Conditions or
the purchase of any Bundle after receiving such SMS, shall mean that the
Customer/Participant has read, understood and agreed with the
provisions/paragraphs of theseTerms and Conditions;
=>
Warid reserves the right to
disqualify any Participant from further participation in the Campaign, if in
its judgment, the Participant has in any way violated these Terms and
Conditions, or has violated the terms and conditions of the CSAF (which is
mandatory to execute before availing Warid Services). If a Participantis
availing Warid Services without execution of the CSAF, it shall be presumed a
breach of these Terms and Conditions in itself;
=>
Unless context requires otherwise,
each of these Terms and Conditions mentioned herein shall be severable and
distinct from one another and if at any time, any one or more of such terms and
conditions is or becomes invalid, illegal, unenforceable, the validity,
legality or enforceability of the remaining provisions/clauses shall not in any
way be affected or impaired thereby;
=>
If a Force Majeure event occurs that
directly affects the ability of Warid to perform its obligations hereunder,
Warid shall be entitled to suspend performance of such an obligation for the
duration of the Force Majeure event. Force Majeure includes acts of God, war,
hostilities, riots, civil commotion, strike, revolution, epidemic, accident,
fire, flood, earthquake, blockade, any decision of the court, tribunal or
authority, PTA or any other cause similar to the kind herein enumerated or of
equivalent force not within the control of Warid (including but not limited to
reasons attributable to failure of machinery, Warid’s telecommunication system,
any hardware or software);
=>
The decision of Warid in respect of
any dispute that may arise in connection with these Terms and Conditions shall
be final and binding on the Participant;
=>
The Customer/Participant acknowledges
that under this Campaign he shall not respond to any calls/SMSs directing to
make/send calls/SMSs to any other number/short code or which are regarding
award of any gift (whether money or in kind) in lieu of balance transfer or any
payment and shall not transfer any balance or make any payment through upload
or otherwise if required by any call/SMS even if the caller or SMS claims to be
representing Warid. Warid confirms that it does NOT at any time require any
payment from the Customer/Participant of payment of any amount through transfer
of balance of upload to any account for purposes of receiving a gift or prize
under any promotional marketing campaign. Ignorance of this clause by the
Customer shall not accrue any liabilities/responsibilities on Warid including
but not limited to liability/responsibility towards any loss occurred to the
Customer/Participant;
=>
The language of the Campaign shall
be Roman Urdu and/or English;
=>
The Customer who has executed the
CSAF against the MSISDN (cell number) under his use shall be eligible to
participate in the Campaign and not otherwise. However the following shall not
be eligible to participate in the Campaign:
=> The employees of Warid;
=> Warid Franchises and Retailers and
the employees of its sister concerns;
=> The spouse, children, parents and
siblings (“First Degree Relatives”) of Warid employees; and
=> The registered users of Warid
employee family number.
COMPLAINT/QUERY
HANDLING, DISPUTE RESOLUTION AND ARBITRATION:
=>
The Participant can call at the
helpline by dialing 321 round the clock for any complaints regarding the
Campaign. The Participant’s call shall be recorded against his CLI for record
keeping and in accordance with the instructions given by PTA. Prescribed tariff
rates shall be charged for using the helpline services;
=>
If a Participant requires
information regarding the Campaign or the Quiz, he can send keyword “HELP” to
the FOC Short Code;
=>
A Participant can receive
information of his accumulated Credit Points or the Weekly Points by sending
keyword “POINTS” to the FOC Short Code.
=>
The Campaign and/or the Quiz and
these Terms and Conditions shall be governed by the laws of Pakistan and
interpreted in accordance with laws of Pakistan. If the Participant shall be of
the opinion that he has any right pertaining to the Campaign and he wishes to
invoke such right, the Participant acknowledges, understands and agrees that
such right can only be invoked through the arbitration which shall be conducted
by the sole arbitrator appointed by Warid and such arbitration proceedings
shall be conducted in English or Urdu language at Lahore under the Arbitration
Act 1940. Without prejudice to the above, it is further agreed by the
Participant that only the courts at Lahore shall have the jurisdiction on any
matter relating to the Campaign.
No comments:
Post a Comment