CONSUMER T&C

This document is an electronic record in compliance with the Information Technology Act, 2000 and the Rules and Regulations framed there under, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require
any physical or digital signatures.

Please read the following terms and conditions carefully before browsing, downloading, registering, accessing, or using the Bira 91 Make Play Application/ PWA (as defined below). By accessing, registering on, or using the Bira 91 Make Play Application or by using the Services provided by Us, as defined below, You agree to be bound by the terms and conditions set forth below including any additional guidelines and future modifications thereto. If, at any point of time, You do not agree to these terms and conditions or do not wish to be bound by any of these terms and conditions, You may not access or use the Bira 91 Make Play Application and terminate this Agreement, in terms hereof.

Your Agreement to these Terms and Conditions for availing Service

These Terms and Conditions (as may be amended from time to time, the "Agreement" or “Terms”) constitute a legal contract between You being a User of legal drinking age in your state of registration (“You” or “User”), and B9 Beverages Private Limited, having its registered office at H-106, Second Floor, Connaught Place, New Delhi -110001 (“Bira 91”, “We” or “Us”).

Bira 91 owns and operates mobile applications namely Bira 91 Make Play which provides a platform to enrol for the loyalty program of Bira 91. By registering on Make Play Application, You can earn points for purchase of
Bira 91 beverages & merchandise, redeem Your points against rewards, find Bira 91 near You and also, refer Your friends.

There Terms and Conditions shall be read in conjunction with the “Privacy Policy” to understand how Bira 91 collects, uses and discloses information about its users.

1. Eligibility to Use

By accessing the Bira 91 Make Play Application, You represent that You are of legal drinking age in your state of registration and have not been previously suspended or prohibited from accessing the Bira 91 Make Play Application or otherwise availing the Services through the Bira 91 Make Play Application. You represent and warrant that You have the right legal and mental capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Your Registration and Account Obligations

You shall be solely responsible for maintaining the confidentiality of Your Bira 91 Make Play Account (“Make Play Account”) and shall be responsible for all activities that occur under Your Make Play Account. You agree that if You provide any information that is inaccurate, false or incomplete or We have sufficient reasonable evidence or grounds to suspect that such information is inaccurate, false or incomplete or not in accordance with this Agreement, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Bira 91 Make Play Application and refuse to provide You with access to the Bira 91 Make Play Application.

You also agree that Your User Profile is linked to your mobile number (issued by a valid operator in India) and Your self-declared email id, both of which clearly identifies your Make Play Account. You agree to provide your correct name and other details sought for which will appear on your Make Play Account.

As part of the Bira 91 Make Play Account’s registration process, Bira 91 Make Play Application will generate a secure SMS based One Time Pin ("OTP") which will be sent to your registered mobile number to sign in to your Make Play Account. You are responsible for maintaining the integrity of the OTP with your Make Play Account and are fully responsible for all activities that occur under the Make Play Account.

You are fully responsible for providing the proper email id at the time of sign-up and You acknowledge to receive emails relating to Your Make Play Account and the product communications to Your registered email id.

Our official language of customer communication is English. By your acceptance of the T&C, we note your preference to receive all communications from Bira 91 Make Play Application in the English language.

You agree to:

a) Immediately notify Bira 91 of any unauthorized use of Your mobile number or the Make Play Account or any other breach of security, and

b) Ensure that You exit from Your Make Play Account at the end of each session.

Bira 91 understands that You may have multiple registrations on Bira 91
Make Play Application and thereby resulting in multiple Make Play Accounts. If You hold more than one registration on Bira 91 Make Play Application, it is advisable that You use one registered account in order to maximize the benefits. Bira 91 will not aggregate Your multiple registrations on Bira 91 Make Play Application and the benefits are not transferrable between individuals or user accounts.

Bira 91 shall not be liable for any loss, damage or other liability arising from Your failure to comply with this clause or from any unauthorized access to or use of the Make Play Account.

3. Access to Make Play’s Services

Our Services enable You to earn loyalty points for Your transactions with Bira 91 and redeem those for rewards on Bira 91 Make Play Application or Bira 91 Merch Store.

Bira 91 grants you a non-transferable, non-exclusive limited license to
access and make personal use of the Services and the Bira 91 Make Play Application, which shall be subject to the terms and conditions contained in this Agreement. The license allows You to use the Services for Your personal, non-commercial use. The license also allows You to download, install the
Bira 91 Make Play Applications related to the Services on a mobile device that You own or control for Your personal non-commercial use. Bira 91’s grant of the license does not permit You to duplicate, transfer, give access to, copy or distribute any part of the Services in any way, or use the Services in any manner not consistent with the terms of this Agreement. All rights not expressly granted herein are reserved by Bira 91.

4. Earning Points

All Users are required to create a Make Play Account by registering on the Bira 91 Make Play Application in order to start earning points. You will also be able to enrol for the loyalty program if You shop on Bira 91 Merch Store.

“Points” can be earned in the below mentioned ways. The number of points allocated are subject to change at the sole discretion of Bira 91 without any prior notice.

By completing a transaction on the Bira 91 Make Play Application, you agree that you are of the relevant legal drinking age as per Applicable Law in the State from where you are creating Your Make Play Account.

During Your KYC, if You are found to be below the legal drinking age, access to the Bira 91 Make Play Application will be denied

If You move from one state to the another and You are not of legal drinking age in the state you have moved to, You will not be allowed to participate in the program

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5. Redeeming Points

• In order to redeem Your points, You need to complete Your KYC as it is mandatory for redemption
• You can use Your loyalty points to redeem rewards from Bira 91 Make Play Application.
• Rewards are listed under Rewards section of Bira 91 Make Play Application. The rewards are provided by 3rd party which can change from time to time. The 3rd party shall specify all terms and conditions clearly and specifically with relation to the reward(s) including but not limited to validity of the reward(s) in express, legible manner. By redeeming to avail the reward the user accepts the terms and conditions associated with the reward availed.
• The reward will be sent to You via email by or before the next business day or will be available to view in ‘Rewards History’ section of Bira 91 Make Play Application
• If, due to any reason, we are unable to send the reward on Your email then we will credit the debited points back to Your Make Play Account.
• You can also use Your loyalty points to get discount on Bira 91 Merch store (shop.bira91.com). Points can be used for discount on Merch store if You are using the same mobile number for Bira 91 Make Play Application and Bira 91 Merch store
• Points do not have any monetary value associated with them and cannot be converted to cash or used in lieu of cash, and cannot be exchanged for cash
• You need to have earned at least 100 points to make your first redemption

6. Tier Levels

There are 2 tiers in Make Play Loyalty Program – Welcome & Premier. Welcome being the bottom tier and Premier being the next higher tier.

You will start from Welcome tier upon registration for Make Play Program. You will move to next tier once You have accumulated 1000 lifetime points.

In Premier tier, You will earn 2x points for all events described in Section 4

You will continue to stay in Premier tier as long as You are able to earn 1000 points in the next 12 months from the date of tier change else You will be downgraded to Welcome tier. (For example- You reach 1000 points on 11th Jan’22 which leads to Your tier change from Welcome to Premier. In order to stay in Premier Tier, You will have to collect 1000 more points by 11th Jan’23).

Bira 91 has the right to change tiers, points, rewards on events without any prior notification

7. Account Cancellation/Closure

The Loyalty Program, Points, redemption awards, and other related benefits and services are the sole property of Bira 91, and are not the property of User. On cancellation of membership in the Loyalty Program for any reason, all unredeemed Points, redemption awards will be forfeited and a User will no longer be able to participate in the Loyalty Program. Points, redemption awards have no cash value and Bira 91 will not compensate or pay cash for any forfeited or unused Points.

8. Acceptable Use and Restrictions.

You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and You agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by Us. You agree that:

(i) You will not use the Services if You are not fully able and legally competent to agree to these Terms;

(ii) You will not engage in any behaviour which is in violation of any law in force;

(iii) You will not impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity

(iv) You will not infringe or try to infringe our or any third party's intellectual properties including but not limited to patent, trademark, copyright or other proprietary rights;

(v) You will not host, display, upload, modify, publish, transmit, update or share any message / information which is harmful to children, libellous, defamatory or which discloses private or personal matters concerning any person;

(vi) You will not host, display, upload, modify, publish, transmit, update or share any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, paedophilic, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;

(vii) You will not refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Bira 91 if required by any law enforcement, legal or government agencies;

(viii) You will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Bira 91 Make Play Application or features that prohibit access to the Bira 91 Make Play Application or the Services in any manner or enforce limitations on the use of the Services;

(ix) You will not reverse engineer, disassemble or otherwise attempt to discover or discover the source code of the Bira 91 Make Play Application or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;

(x) You will not attempt to obtain any information or content from the Services using any robot, spider, scraper or other automated means for any purpose;

(xi) You will keep secure and confidential your details of the Make Play Account or any identification we provide you which allows access to the Services;

(xii) You will only use an access point or data account which you are authorized to use;

(xiii) If You choose to use Bira 91 Make Play Application, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

(xiv) You will not use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner.

(xv) You will not breach this Agreement and terms and conditions thereof or any other rule, regulation or policy, as introduced by us from time to time;

(xvi) Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Bira 91, a third party or You;

(xvii) You shall not hold Bira 91 liable for any Services provided by Bira 91 including but not limited to anything that arises from the use of such Services or loss of belongings and assets or any security related issues.

9. Indemnification

You agree to indemnify, save, and hold Us, our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Bira 91 Make Play Application, violation by You of the terms and conditions of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. We reserve our right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive termination of this Agreement.

10. Liabilities and Damages

In no event will We or our contractors, directors, officers, agents, licensors, partners be liable to You for any special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, arising out of or relating to (i) this Agreement, and (ii) the use or inability use the Bira 91 Make Play Application.

11. Disclaimer: No Warranties

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR MAKE PLAY ACCOUNT WITH US.

’BIRA 91 MAKE PLAY APPLICATION, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE BIRA 91 MAKE PLAY APPLICATION, IS PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BIRA 91 AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT/SERVICES ON THE BIRA 91 MAKE PLAY APPLICATION, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH PLATFORM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH PLATFORM OR ANY LINKED SITE. FURTHER BIRA 91 DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BIRA 91 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON BIRA 91 MAKE PLAY APPLICATION, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE. BIRA 91 SHALL NOT BE LIABLE FOR THE USE OF BIRA 91 MAKE PLAY APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TOWARDS YOU FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, EXCEED INR 100.

12. Ownership: Proprietary Rights

All rights, including copyright, in the Bira 91 Make Play Application are owned or controlled for these purposes by Us. Except where expressly stated otherwise, You are not permitted to do any derivative work, copy, download, store (in any medium), transmit, broadcast, show or display in public, adapt or change in any way the content on the Bira 91 Make Play Application for any purpose whatsoever without Our prior written permission. Violators will be prosecuted to the maximum extent possible under Applicable Laws. Any other rights, not expressly granted herein, are reserved.

The Bira 91 Make Play Application includes a combination of content that We create, that our partners or licensors or associates create. All materials published on the Bira 91 Make Play Application, including, but not limited to software(s), advertisement(s), written content, views, reviews, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and flash animation, are protected by our copyrights or trademarks or those of our partners or licensors or associates. You are not permitted to copy, modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform or display, or in any way exploit any of the materials or content on the Bira 91 Make Play Application or on its websites in whole or in part.

If We find any contents or materials published on the Bira 91 Make Play Application or on our sites as obscene, offensive, indecent, racial, hatred to religion or objectionable or that is inaccurate, you shall refrain from use of such materials or contents and shall bear all risks associated with using that content. You unequivocally agree not to publish or post such material in Your content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Bira 91 Make Play Application belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocable confirm and undertake that We shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Bira 91 Make Play Application under license or rights or affiliation with the said person, entity or third party.

13. Termination of Agreement

Termination by Us: You agree that We, in our sole discretion, for any or no reason, may suspend or terminate Your Make Play Account (or any part thereof) or terminate this Agreement, at any time without assigning any reason. You agree that any termination may be affected without prior notice, and You agree that We will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.

Termination by You: You may terminate this Agreement at any point in time.

14. Consequence of Termination

Upon termination of this Agreement for any reason, We will block Your access to the Application and delete Your Make Play Account. Upon termination for any reason, all unredeemed Points, redemption awards will be forfeited. Points, redemption awards have no cash value and Bira 91 will not compensate or pay cash for any forfeited or unused Points.

15. Modification of this Agreement

We reserve the exclusive right to change, modify, add, delete or remove portions of this Agreement at any time by posting a notification on the Bira 91 Make Play Application or otherwise communicating the said notification to You. The changes will become effective and shall be deemed accepted by You, 24 (twenty-four) hours after the initial posting and shall be applicable immediately on a going-forward basis. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate this Agreement in accordance with the clause above. If you continue to use the Application, it will be deemed as your acceptance to the terms.

16. Waiver

Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by our authorized signatory.

17. Your Data.

When you use the Services, you understand and agree We may collect, use and disclose information about you as described in our Privacy Policy located here.

18. Notice

We may provide You with notices and communications by email, regular mail or postings on the Bira 91 Make Play Application or PWA or Bira 91 website or by any other reasonable means. Except otherwise communicated, notice to Us must be sent by courier or registered mail to: H-106, Second Floor, Connaught Place, New Delhi -110001.

19. Governing Law

Subject to Clause 18, You agree that courts in New Delhi, India, shall have exclusive jurisdiction in respect of disputes between us. This Agreement shall be governed by the laws of India.

20. Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

21. Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

22. Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

23. Contact Information

You can send in your queries, requests or complaints in the following ways:

A) Online chat: Open the Bira 91 Make Play Application ->Go to the Hamburger Menu->Click on Customer Support and post a query. We will respond once we review your query.

B) Email: Write to us at support care@bira91.com and submit your queries.

C) Toll Free Number: You can also call on 1800-300-23010 to raise a query

You have the right to register a complaint if you are not satisfied with any of the following. We may need error screenshots from You in order to resolve Your issue

• Points allocation
• KYC
• Redemption issues
• Technical issues with Bira 91 Make Play Application
• Quality of customer service provided
• Or any other grievances.

For issues related to points allocation, You can only raise complaint for Your last 10 transactions.

24. SLA

If you are not satisfied with the resolution provided by our level 1 escalation, you can further escalate the concern to a higher level as mentioned in our Customer Grievance policy here.

25. Know Your Customer

KYC refers to the various norms, rules, laws and statutes issued by various government authorities from time to time. As required by government authorities, including excise authorities, Bira 91, may be required to procure personal identification details from you before any Services can be delivered and at the time of registration and/ or on a later date, for availing and / or continuation of the Bira 91 Make Play Application. You agree that:

i. Bira 91 shall not be responsible for wrong details being entered by the User;

ii. In the event the beneficiary/KYC details provided are found to be incorrect/ insufficient, Bira 91 retains the right to block Your Make Play Account. Bira 91 retains the right to share the details of the transaction undertaken using the Make Play Account and the end beneficiary/ KYC details with regulatory authorities, as per statutory guidelines issued from time to time. If the KYC details provided by you are invalid, you are liable for the consequences or action taken by the relevant regulatory authorities of your jurisdiction;

iii. The collection, verification, audit and maintenance of correct and updated customer information is a continuous process and We reserve the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements;

iv. We reserve the right to discontinue Services/ reject applications for Bira 91Make Play Application at any time if there are discrepancies in information and/or documentation provided by You;

26. Communication

You agree to receive certain specific emails from us. You hereby confirm that as on date of this registration, you do not have any objection to receiving emails, messages, push notifications and calls from us and our members. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register. This consent extends to emails, messages, push notifications or calls relating to your association with the Bira 91 Make Play Application and/ or PWA under these Terms.If You do not wish to receive marketing-related SMS/push notification from us, You may turn them off from the hamburger menu of Bira 91 Make Play Application