By enrolling and/or using the mGinger service ("Service"), you agree that
you have read and understood this Agreement ("Agreement") and that your
membership in the Service shall
conform to its terms and conditions ("Terms").
The Service is operated by Gingersoft Media Private Limited and therefore
this Agreement is between you and Gingersoft Media Private Limited.
mGinger.com is a website owned by Gingersoft Media Private Limited. Wherever
the term "mGinger" is used in this document it represents the company
Gingersoft Media Private Limited and the services provided through mGinger.com.
Service members ("You/Members") enroll to receive advertisements on their
mobile phones and earn money per advertisement received ("Direct Earnings").
Members of mGinger are to be paid a stipulated commission for every
advertisement the member receives ("Commission Earnings"), for every
advertisement received by a member whom they refer and also for every
advertisement received by a member referred by their referrals.
There is no charge or payment to be made by you for entering into the
Service.
We are under no obligation to provide you with any particular number of
advertisements or any particular amount of money in Direct Earnings or
Commission Earnings.
We reserve the right to limit Service enrolment at any time.
SERVICE DESCRIPTION
You need an mGinger Account to use mGinger. mGinger asks for some personal
information when you create an mGinger Account, including your email address
and a password, which is used to protect your account from unauthorized
access. An mGinger Account allows you to access many of our services that
require registration.
As an mGinger member, you can create a profile or mGinger community that
includes personal information, such as your mobile phone number, gender, age,
occupation and interests, plus other content. Names of persons who have
referred you, names of persons you have referred and names of persons that
your referrals have referred would be visible for public viewing.
When you invite new members into your network or send messages through
mGinger, we collect and maintain information associated with those messages,
including email addresses and content.
When you send and receive SMS messages to or from the mGinger website, we
collect and maintain information associated with those messages, such as the
phone number, the wireless carrier associated with the phone number, the
content of the message, and the date and time of the transaction.
Information sharing
We offer you participation in an advertising sponsored service based on
permitted marketing.
After successful registration, you may receive advertisements, promotions or
similar messages
on your mobile phone. Messages will be sent in accordance with your specified
profile to ensure a fit with your personal interests. You can invite your
friends and family to join the network and they can avail the same service.
For every advertisement you receive you get a direct payment. For every
advertisement your referrals and your referrals' referrals receive you get
paid a commission. You will receive commissions for your direct and indirect
referrals; two (2) referring levels deep. The picture below illustrates the
network and payment structure.
We will share with third parties certain pieces of aggregated, non-personal
information, (Aggregate non-personal information" is information that is
recorded about users and collected into groups so that it no longer reflects or
references an individually identifiable user.). Such information does not
identify you individually.
OUR SERVICE PRIVACY POLICY
We promise to maintain the privacy of your personal information. The full
extent of our commitment can be found in our Privacy Statement. By enrolling and
using the Service, you
agree to be bound by the terms of the Privacy Statement.
TERMS OF PARTICIPATION
You must be at least 18 years old to be a member.
You have to be able to understand English.
You must agree to comply with all local, state, province, country or
regional laws that may be applicable to your use of the Internet and your
membership with mGinger.
You MUST provide correct/true information about your profile.
mGinger has the right to verify the information you provide. If this
information changes you must immediately update your profile by logging in to
mGinger.com
You MUST read the advertisements sent to you.
mGinger will send verification messages called "Activity Verification SMS"
(referred to as AVS in this document) from time to time to check if you are
reading the advertisements sent to you. You MUST respond to these AVSs with
the appropriate message content which is specified in the verification
message. If you don't, mGinger reserves the right to downgrade your membership
by lowering your payouts and eventually terminate your membership.
Corporations and other business entities are not eligible for the Service.
You are not allowed to use proxy servers.
The use of any automatic tool to fill in forms, such as RoboForm, is
forbidden.
ONE member - ONE account - ONE Cellphone: More than one person cannot use
the same cellphone for receiving advertisements. One member cannot have more
than one cellphone registered on mGinger. One member cannot have more than one
account on mGinger. Service membership and its right to use is limited to one
individual per Service account and one email address per Member.
You agree not to abuse Service privileges by conduct which is detrimental
to the interests of Gingersoft Media Private Limited, including, without
limitation, attempting to earn money in a manner inconsistent with the
rules of the Service, having multiple accounts, attempting to earn money from
mGinger through other than legitimate channels etc.
By filling out the registration form you are applying to receive a service
and you are agreeing to receive advertisements on your mobile phone. No
employee-employer relationship is created by your use of the mGinger web site
and its services. mGinger is under no obligation to offer its services to you.
"Maximum ads per day" that you select on the Ad Preferences screen only
specifies the maximum number of ads that can be published from mGinger to you.
You understand and agree that it does not guarantee that you will receive only
these number of ads from mGinger in a day. This is due to the fact that the
actual delivery depends on your mobile service provider. If there is a delay
from the service provider, you might receive more than the maximum number of
ads that you specified in a day.
The timing of ads that you specify in the "Ad Preferences" screen only
specifies the time span during which ads can be published from mGinger to you.
You understand and agree that mGinger is not liable if these ads do not reach
your mobile phone within the time span specified. mGinger only guarantees that
the ads will be published from mGinger during the specified time span. The
actual delivery timing to you will depend on your service provider.
The categorization of ad interests is subject to change and it is at the
sole discretion of mGinger. The relevance of an advertisement to an ad
interest category is at the sole discretion of the advertisers. mGinger is not
responsible or liable for any misrepresentation on the part of the advertisers
nor is it liable for illegal, fraudulent or obscene advertisements. However,
mGinger will take utmost care and work diligently to ensure that the
advertisements are relevant, timely and legal.
During sign-up, you will be asked to provide your mobile number. A code
will be sent in an SMS to the mobile number that you typed in for verification
purposes. Ensure that it is indeed your number. mGinger is not responsible if
the mobile number belongs to someone other than you. You personally will be
liable in case the actual owner presses charges.
MEMBER ACCOUNTS
mGinger may refuse to accept your application for membership for any
reason.
You will receive a user name and password upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of your user name and password, and you are fully responsible for all
activities that occur under your password or account. You agree to immediately
notify us of any unauthorized use of your password or account or any other
breach of security. Gingersoft Media Private Limited cannot and will not be
liable for any loss or damage arising from your failure to comply with this
section.
You can have only one member as a sponsor (referrer) when registering at
mGinger. This sponsor will be determined by mGinger based on whose referral
mail you responded to or the referral link you clicked on to arrive at the
mGinger.com website.
The number of your direct referrals is not limited. You may refer as many
people as you can to join mGinger.
MEMBERS CONDUCT
You agree to only use the Service in a manner that is consistent with the
Terms and in such a way as to ensure compliance with all applicable laws and
regulations.
You shall ensure that your personal profile is up-to-date and accurate.
You agree to promptly notify us of any change in your address (mail or email)
or personal profile by updating your personal information at the Service Web
site.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
PAYMENTS
You will receive commissions for your direct and indirect referrals; two
(2) referring levels deep. Current commission rates are always posted on the
mGinger website. Those are the rates that you will receive. If mGinger for any
reason changes payout rates those will be posted on the site and all current
members will be informed through email. If mGinger for any reason changes the
depth of referrals pertinent to commissions it will be posted on the site and
all current members will be informed through email
Payment will be made only when you earn the minimum limit of Rs.300. This
limit is at the sole discretion of mGinger. Whenever it is changed, the
information will be provided in the "Payment" screen.
If you opt out for a period of time, your earnings from your referrals
will also be stopped for that period of time.
Current payout options are always posted on the mGinger website. Two
options are currently available to receive payments:
Cheque: After requesting payment, accounts are thoroughly checked. After
the request is accepted, a cheque will be issued and couriered within 7
working days. The cheque will be made out to the name provided in the "Payee
Name" field. The cheque would be couriered to the address provided in the
"Payment Address" fields. mGinger will not be responsible for the receipt or
for the actual payment hereof. The charges incurred by mGinger in processing
the cheque and in delivery will be deducted from the actual payout amount.
Bank Account Transfer: After requesting payment, accounts are thoroughly
checked. After the request is accepted, mGinger will issue a an account
transfer request to the bank within 7 working days. The charges incurred for
processing the account transfer would be deducted from the actual payout
amount.
mGinger is not responsible for your taxes. You are solely responsible for
the payment of taxes on monies received from mGinger.
We reserve the right to send you messages from time to time for which the
payout structure will not be applied and no payment would be made. Such
messages may include Service system updates; flash bulletins; order
confirmations; administrative announcements; special requests and so on. Such
messages may be sent via SMS, email or regular mail.
We reserve the right to limit the opportunities to earn money through
mGinger available to you while you remain inactive.
We are under no obligation to provide you with any particular number of
advertisements or any particular amount of money in Direct Earnings or
Commission Earnings.
TERMINATION OF MEMBERSHIP
mGinger may terminate your membership at any time immediately with or
without cause. Your right to use your membership immediately ceases upon
termination. mGinger may terminate this agreement and your membership with or
without prior notice. Termination of an account may lead to full or partial
loss of the payouts accumulated prior to termination. On account termination,
your earnings will be paid out only if the minimum limit of Rs.300 has been
earned. If the "current earnings" is less than this limit at the point of
account termination, you will not be entitled to this amount. Termination of
an account is irreversible.
You may cancel your membership at any time by logging into your account
and choosing to cancel your membership. Your participation will be cancelled
and your earnings will be paid out only if the minimum limit of Rs.300 has
been earned. If the "current earnings" is less than this limit at the point of
account cancellation, you will not be entitled to this amount. If you decide
to cancel your account and later wish to re-enroll, you will be assigned a new
account number. Any previous earnings made by yourself or through your
referrals, that went unclaimed when you cancelled your account will not be
credited to your new account should you re-enroll at mGinger. Cancellation of
an account is irreversible.
On cancellation or termination of your account, your profile will be
removed from the site and deleted from mGinger servers. Because of the way we
maintain this service such deletion may not be immediate, and residual copies
of your profile information may remain on backup media.
You understand that, on account termination or account cancellation, you
may still receive messages (which may have been scheduled prior to
termination/cancellation) after termination or cancellation. We shall use
reasonable endeavors to stop such messages as soon as possible. You will not
be entitled to Direct Earnings and Commission Earnings on such messages.
You shall comply with all laws, rules, and regulations that are applicable
to you. You acknowledge that you may only participate in the Service if and to
the extent that such
participation is permitted by such laws, rules, and regulations. We may refuse
to enrol you, or to restrict, modify, or terminate your participation in the
Service, without liability to you or any other party, if you violate any law,
rule, or regulation, or if your participation in the Service could violate
any law, rule, or regulation.
We reserve the right to terminate or disable, at our sole discretion, any
Service membership if we reasonably believe such Member has violated or acted
inconsistently with the rules of the Service or this Agreement. You understand
and agree that disabling membership will result in your inability to redeem
and/or earn Points. You understand and agree that termination of membership
will result in the cancellation of all of your Points.
mGinger shall be the sole determiner in cases of suspected abuse, fraud,
or violation of its rules and any decision it makes relating to termination of
membership shall be final and binding. Should you object to any of the terms
and conditions of this Agreement, or any subsequent modifications thereto, or
become dissatisfied with the Service, your only recourse is to immediately
discontinue participation in the Service and properly terminate your
membership.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
Your use of the service is at your sole risk. The service is provided on
an "as is" and "as available" basis. mGinger and its subsidiaries, affiliates,
officers, employees, agents, partners and licensors expressly disclaim all
warranties of any kind, whether express or implied, including, but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement.
mGinger and its subsidiaries, affiliates, officers, employees, agents,
partners and licensors make no warranty that (i) the service will meet your
requirements; (ii) the service will be uninterrupted, timely, secure or
error-free; (iii) the results that may be obtained from the use of the service
will be accurate or reliable; (iv) the quality of any products, services,
information or other material purchased or obtained by you through the service
or through the Service advertisers or partners will meet your expectations;
and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the
service is accessed at your own discretion and risk, and you will be solely
responsible for any damage to your computer system or loss of data that
results from the download of any such material.
No advice or information, whether oral or written, obtained by you from
mGinger or through or from the service shall create any warranty not expressly
stated in the terms of use.
A small percentage of users may experience epileptic seizures when exposed
to certain light patterns or backgrounds on a computer screen or while using
the service. Certain conditions may induce previously undetected epileptic
symptoms even in users who have no history of prior seizures or epilepsy. If
you, or anyone in your family, have an epileptic condition, consult your
physician prior to using the service. Immediately discontinue use of the
service and consult your physician if you experience any of the following
symptoms while using the service: dizziness, altered vision, eye or muscle
twitches, loss of awareness, disorientation, any involuntary movement, or
convulsions.
LIMITATION OF LIABILITY
Gingersoft Media Private Limited shall not be liable for any special
indirect, punitive, incidental, special, or consequential damages relating to
the participation or inability to participate in the Service.
Gingersoft Media Private Limited is not responsible for damages or losses
that result from participating or inability to participate in the Service, or
reliance on or use of information, services, or merchandise provided on or
through the Service.
You acknowledge and agree that Gingersoft Media Private Limited neither
endorses the contents of advertisements or third parties' web sites, nor
assumes responsibility or liability for the accuracy of material contained
therein, or any infringement of third party intellectual property rights
arising there from, or any fraud or other crime facilitated thereby.
To the maximum extent allowed by applicable law, neither mGinger nor any
of its parents, members, subsidiaries, service providers, licensors, officers,
directors or employees shall be liable for any direct, indirect, incidental,
special or consequential damages arising out of or relating to this agreement,
resulting from the use or the inability to use the service or for the cost of
procurement of substitute goods and services or resulting from any goods or
services purchased or obtained or messages received or transactions entered
into through the service or resulting from unauthorized access to or
alteration of user's transmissions or data, including but not limited to,
damages for loss of profits, use, data or other intangible, even if such party
has been advised of the possibility of such damages. Without limiting the
foregoing, everything on the site is provided to you "as is" without warranty
of any kind, either expressed or implied including, but not limited to, the
implied warranties of services, merchantability, fitness for a particular
purpose, or non-infringement. mGinger disclaims all liability, regardless of
the form of action, for the act of other members, or users including
unauthorized users, or hackers of the service.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS AND PARTNERS
Your correspondence with or participation in promotions of Service
advertisers and partners, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and the advertiser or
partner. We assume no liability, obligation, or responsibility for any part of
any such correspondence or promotion, including without limitation withdrawal
or modification of any offer or promotion.
You understand that, in some cases, there may be a delay in the crediting
of Points for promotions of advertisers or partners due to advertiser's or
partner's failure to provide necessary information to us for the crediting of
such Points. We will not be responsible or liable for the delay or failure to
credit Points in such event.
NON-TRANSFERABILITY
You are not allowed to share your account with any other individual. Nor
are you allowed to transfer accounts to someone else.
Your membership will terminate immediately in the event of your death.
Service accounts are not transferable upon death or otherwise by operation of
law.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge that Service content (including but not limited to text,
sound, photographs, graphics, or other material contained in any Service
communication, advertisements, or messages, whether by mGinger or mGingers'
advertisers or partners), Service and software are protected by copyrights,
trademarks, service marks, patents, and/or other proprietary rights and laws.
Member is only permitted to use content, Service, or software as expressly
authorized by mGinger, its advertisers and partners, as the case may be.
Except as expressly authorized by mGinger or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
MODIFICATIONS
mGinger reserves the right to change this Terms and Conditions document.
Current members will be informed by email, however it is also your
responsibility to check this document periodically for any changes or
modifications and you must not rely on e-mails as a sole source of information
regarding this agreement or your membership. Your continued use of mGinger
constitutes an affirmative acknowledgement by you of the Terms and Conditions
and any subsequent modifications made to it and your agreement to abide and be
bound by the Terms and Conditions document in its modified form.
We reserve the right to modify or discontinue the Service with or without
notice to you. We shall not be liable to you or any third party should we
exercise our right to modify or discontinue the Service.
NOTICES
All notices given by us to you will be given by email, postal mail or by
general posting on the Web site.
INDEMNIFICATION
You agree to indemnify and hold us, our affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim, demand,
expense, or damage, (including reasonable legal fees) made by any third party
due to or arising out of your use of the Service, your connection to the
Service, your violation of the Terms, content you submit, post to or transmit
through the Service or your violation of any rights of another.
MISCELLANEOUS
This agreement takes precedence over any Do-Not-Call list you might enroll
yourself in. If you want mGinger to stop sending advertisements to you, you
must select the opt-out option provided in the site or cancel your mGinger
membership account. Enrolling yourself in any do-not-call list of any
institution or company has no impact or influence whatsoever on the
advertisements you receive from mGinger.
TERMS AND CONDITIONS and the relationship between you and mGinger
shall be governed by the laws of the State of Andhra Pradesh without regard to
its conflict of law provisions. You and mGinger agree to submit to the
personal and exclusive jurisdiction of the courts located within Secunderabad,
Andhra Pradesh.
This Agreement constitutes a complete and exclusive understanding between
us and you relating to the subject matter hereof and supersedes all prior or
contemporaneous
understandings, agreements, communications, and/or advertising with respect to
such subject matter provided that nothing in this Agreement seeks to limit or
exclude any right either party may have in respect of fraudulent
misrepresentation
Our failure to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by us in writing.
If any part of these Terms is unenforceable (including any provision by
which mGinger excludes its liability to the Member), the enforceability of any
other part of these Terms will not
be affected.
