TERMS OF USE

A. PRELIMINARY
  • This document is an electronic record in terms of Information Technology Act, 2000 and rules 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.
  • This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.primoprivilege.com website.
  • The domain name www.primoprivilege.com (hereinafter referred to as "Website") is owned by Hungover Enterprises Pvt Ltd, a company incorporated under the Companies Act, 1956 with its registered office at 252A, 3rd Floor Shah Pur Jat, New Delhi - 110049 (hereinafter referred to as "HEPL").
  • For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to visit or use the Website in any capacity whatsoever. The term "We", "Us", "Our" shall mean HEPL. The term 'the Website' will be construed as reference to www.primoprivilege.com.
  • Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If use the Website, You shall be subject to the policies that are applicable to the Website for such use. By mere use of the Website, you shall be contracting with HEPL and these terms and conditions constitute your binding obligations, with HEPL.
  • HEPL reserves the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, HEPL grants you a personal, non- exclusive, non-transferable, limited privilege to enter and use the Website. The extent of access allowed to a user is subject to membership.

B. RULES AND REGULATIONS
  • The information, pictures, content and reviews on this website are the property of Primo Privilege™ and Hungover Enterprises Pvt. Ltd. Any copying, plagiarism, imitation and/or quotations without credit will be considered infringement of copyright and/or data theft and will be met with swift civil and criminal action.
  • The information available on this website is viewable by all, however, the option of discounts and writing reviews is restricted to members of Primo Privilege only™.
  • Primo Privilege™ and Hungover Enterprises Pvt. Ltd. do not accept any liability and will not be held liable for any information provided on this website that may be or is incorrect. All visitors to this website are encouraged to verify the details provided on this website independently.
  • Primo Privilege™ and Hungover Enterprises do not accept any liability or responsibility for any adverse situation of condition arising out of the use of any of the products/services provided by any of the vendors listed on this website. All visitors and members who use the products and services provided by such vendors, do so at their own risk and peril.
  • Members who use the Primo Privilege™ card will not be entitled to club Primo discounts with any other discount/promotion/VAT exemption.
  • Members must show their card at all physical outlets to get discounts. For online shopping, the member must input his user ID and Password to be entitled to discounts.
  • Membership cards are non-transferable and must be used by the card holder himself/herself.
  • The rules for Vendors/Partners are as per the STACs signed by each Vendor/Partner as a pre-requisite.
  • Any and all disputes arising out of or in connection with the usage of this website shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act 1996 with a Sole Arbitrator. Such arbitration shall be held in New Delhi in the English language. In the event of a dispute with a vendor/partner, such arbitration shall be conducted as per the STACs and this Term of Usage will not apply.

C. USER AGREEMENT
    You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  • belongs to another person and to which the user does not have any right to;
  • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

D. Privacy
  • HEPL views protection of Your privacy as vital.
  • HEPL does not collect any financial information from any of our members or visitors. Any and all online transactions are carried out on the websites of our online shopping partners alone.
  • Any information collected is stored under a protected file with highly restricted access. Our member and vendor database is highly confidential and will not be shared with anyone under any circumstances.

E. Support
  • For any issues, questions, queries, feedback or complaints pertaining to the use of this website, please mail us at support@primoprivilege.com.


The following Member Standard Terms and Conditions (MSTACs) apply to each and every Member of Primo Privilege as defined herein. The use of Membership as well as the Card is subject to compliance with these MSTACs:

1. DEFINITIONS :

All capitalized terms used but not otherwise defined in these MSTACs shall have the meanings set forth below:
Card refers to the Primo Privilege membership Card that is provided to Members of Primo Privilege.
Categories refer to the divisions of products and services being offered to Members by various Vendors through Primo Privilege™ including:
Food & Nightlife, Gourmet Products & Deliveries, Wellness, Shopping, Hotels, Travel & Leisure and Handpicked. HEPL reserves the right to add, amend, rename or rearrange categories as it deems fit.
Complaint refers to the description of a negative experience by a Member upon use of a Vendor’s business which Complaint will be separate and distinct from any Member’s Review. Any Complaint will be followed by an investigation by HEPL which may result in a Strike or such Vendor being banned from Primo Privilege™.
Discount is a percentage reduction on the Gross Charge for goods delivered/items consumed/services rendered to Members by a Vendor as stated on www.primoprivilege.com.
Food & Nightlife refers to the Category wherein Vendors own and operate restaurants, cafes, bars, lounges, pubs, clubs, and/or catering companies.
Gourmet Products & Deliveries refer to the Category of vendors who do not fall under Food & Nightlife and sell products/produce related to food and beverages through physical retail/online platforms/home delivery services.
Gross Charge is the amount that would be charged to a non-Member by the Vendor of any Category before taxes.
Handpicked refers to the Category of Vendors who do not fall within the purview of any other Category.
HEPL refers to Hungover Enterprises Pvt. Ltd., having its registered office at 3rd Floor, F-213 A, Lado Sarai, New Delhi, which owns the brand Primo Privilege™ and the website www.primoprivilege.com.
Hotels, Travel & Leisure refers to the Category exclusively for hotels, airlines and/or leisure activities including golf and the like.
Investigation refers to the inquiry that will be commenced by HEPL on receipt of a Complaint from a Member. Investigation includes and is not limited to asking the Vendor for an explanation and a surprise visit to the Vendor’s business to verify the accusation of the Member. Investigation may or may not result in a Strike.
Members are individuals who have been granted membership to Primo Privilege™ by the issue of the Card.
Member’s Review refers to the review that may be written by a Member, upon use of a Vendor’s products or services. Such review may be written to describe his/her experience and will be published after scrutiny by HEPL subject to compliance with the internal review guidelines of Primo Privilege™.
Membership Duration refers to the 12 month period for which a Member is entitled to all privileges as a member of Primo Privilege.
Outlet refers to another branch of the same Vendor. In order to be considered another Outlet of a Vendor, such Outlet must have exactly the same name.
Parties refers to HEPL and the Member.
Primo Privilege™: The brand (including all intellectual property contained therein) owned by HEPL is a membership program connecting local businesses with its Members through a variety of methods including the Primo Privilege™ Membership Card as well as through the brand’s website www.primoprivilege.com.
Shopping refers to the Category of Vendor who sells products (other than those sold under the Gourmet Products & Deliveries Category) through physical retail and/or online platforms. This includes products such as furniture, home décor, clothing, accessories, electronics, luxury items and more.
SPOC refers to the single point of contact as designated by each Vendor for all communication with HEPL as well as Members.
Strike refers to a penalty point that will be imposed where a Member files a Complaint and such Complaint is determined to warrant penalty pursuant to an Investigation. Strikes are not displayed on www.primoprivilege.com. Three Strikes result in banning of the Vendor from www.primoprivilege.com and forfeiture of Subscription Fee.
Taxes refer to all government taxes applicable to payments being made to and/or by HEPL.
Vendor refers to any business/person, who accepts these STACs and makes payment of the Subscription Fee in order to promote his/her business with Primo Privilege™ upon such person’s application to become a Vendor being approved by HEPL or upon such person being invited to become a Vendor by HEPL.
Vendor Review Response refers to the response that a Vendor may issue to any Member Review of his/her business. Once such a review is uploaded, the Vendor’s SPOC will receive a notification by email. Thereafter, the Vendor may respond to the Member Review. This Vendor Review Response will be published after scrutiny by HEPL subject to compliance with the internal review guidelines of Primo Privilege™.
Voucher Booklet refers to the booklet of single use vouchers that is received by every new member of Primo Privilege. Each voucher must be produced along with the Card. The value of the Voucher Booklet varies from batch to batch.
Website refers to www.primoprivilege.com .
Wellness refers to the Category wherein Vendors offer services to Members which deal in fitness, grooming and/or relaxation including but not limited to spas, gyms, salons and beauty parlours.
2. GENERAL CONDITIONS OF MEMBERSHIP
It shall be mandatory for all Members to comply with the following during the Membership Duration:
2.1 Membership with Primo Privilege (including renewals) is entirely at the discretion of HEPL. All rights of admission to Primo Privilege are reserved.
2.2 By becoming a Member, you agree to these MSTACs and waive any right to object to the contents thereof.
2.3 Membership with Primo Privilege is non-transferable. Vendors are free to insist upon photo identification before accepting the Card. In the event that a valid Card is not produced, the Vendor is free to refuse the Discount.
2.4 In order to obtain the Discount being offered by a Vendor, it shall be compulsory for Members to present the Card or quote a coupon code (where applicable) to the Vendor.
2.5 Vouchers from the Voucher Booklet are also required to be produced with a valid Card in order to be redeemed. In the event that a valid Card is not produced with a voucher, the Vendor is free to refuse the voucher.
2.6 Any fees paid to HEPL to become a Member with Primo Privilege are non-refundable.
2.7 In the event that a Member misplaces his/her Card, a replacement card can be ordered for an additional charge of Rs. 500. Where a replacement Card has been requested, the Card will be issued without the Voucher Booklet and Card box.
2.8 Individuals must be 18 years or older to apply for Membership. In the event that a member provides a false date of birth, such Membership is liable to be cancelled and any payments made to HEPL will stand forfeited.
2.9 While Primo Privilege takes measures to ensure that the Vendors listed on the Website are reliable, Members agree to use the products/services supplied by Vendors at their own risk.
2.10 While Primo Privilege takes measures to ensure that the Vendor information listed on the Website is reliable, Members rely upon such information at their own risk.
2.11 Members agree to receive regular updates from Primo Privilege via email.
2.12 Members waive any right to pursue legal action against Primo Privilege, HEPL or its Directors or Employees in matters concerning their experiences with Vendors listed on the Website.
2.13 Members agree to provide basic information to Primo Privilege to enable Membership creation. This includes full name, email address and physical address for card delivery.
2.14 Normally, Vendors are listed on the Website for a 12 month period. In the event that a Vendor previously listed on the Website opts not to renew their association with Primo Privilege, the Card will no longer be accepted by such Vendor. Members acknowledge and accept that the Vendors listed on the Website at the beginning of the Membership Duration may not remain constant throughout the Membership Duration.
2.15 HEPL reserves the right to terminate the membership with all benefits being forfeited without any prior notice in the event that a Member behaves in an unruly manner at any Vendor location. HEPL’s determination in this regard shall be final.
2.16 Primo Privilege reserves the right to amend benefits and privileges, terms and conditions of this agreement from time to time without any prior notice.
2.17 Primo Privilege shall not be liable for any loss or damage whatsoever that maybe suffered or any personal injury that maybe caused as a result of Membership.
2.18 Primo Privilege assures Members of complete privacy of personal data except for the information made publicly available by a Member.
3. MEMBERSHIP PRIVILEGES
3.1 Members are entitled to the privileges across all Vendors listed on the Website. Privileges shall be as mentioned on the Vendor’s page on the Website.
3.2 Subject to availability, Members will be entitled to access to all events organized by Primo Privilege on a ‘first come first served’ and chargeable basis.
3.3 Members will also be provided with a unique log in and password that grants them access to the Member’s section of the Website. The Member’s section permits Members to write reviews, book events and generate discount codes for online shopping partner websites.
3.4 Privileges will be made available to Members across the following Categories which may be altered/amended/modified at the sole discretion of Primo Privilege without prior warning:
(a) Food & Nightlife
(b) Gourmet Products & Deliveries
(c) Hotels, Travel & Leisure
(d) Shopping
(e) Wellness
(f) Handpicked
4. MEMBERSHIP DURATION
4.1 Once HEPL confirms that it has accepted an individual’s request for Membership, the Card may be delivered within 4 weeks after such confirmation. Such confirmation will be issued by email and will be deemed to be issued on the day on which it is sent.
4.2 Delivery of Cards will take place by hand through Primo Privilege’s authorized field officer. Members will receive an email informing them that the Card is ready for delivery. Delivery will be considered complete when the said field officer delivers the Card to the Member’s designated address. In case the Member wishes to receive the Card personally, it shall be the Member’s responsibility to be present at the time of Card delivery.
4.3 Membership Duration will commence 1 week after HEPL confirms that the Member’s Card is ready for delivery. For example, if HEPL grants the individual’s Membership Request on 1st October 2015, the Card is likely to be ready for delivery by the 20th of October 2015. If the Member is informed that the card is ready for delivery on the 20th of October, the Membership Duration will commence on 27th October 2015. The Card will be valid for 12 months, through October 2016.
5. VENDOR QUALITY CONTROL
5.1 Members will have the right to help Primo Privilege maintain quality control of their Vendors. Members will have the option to write Member Reviews on the Website after experiencing a Vendor’s product/service. Member Reviews must be honest and constructive to obtain clearance from Primo Privilege for publishing on the Website.
5.2 In the event that a Member has a highly negative experience such as sexual harassment, overbilling or rude treatment by a staff member, a Member will have a right to file a Complaint which will result in an Investigation by Primo Privilege. In the event that the Investigation results in a conclusion that the Vendor was at fault and took no action to rectify the same, Primo Privilege will impose a Strike on the Vendor. Three Strikes results in disbarment. Members will be kept informed of the progress being made on the Investigation.
5.3 If a Complaint relates to sexual harassment of a Member, the Investigation may result in the imposition of 3 Strikes resulting in instant removal of the Vendor from Primo Privilege.
6. OBLIGATIONS OF HEPL
6.1 To ensure that Vendor information on the Website is accurate and regularly updated.
6.2 To regularly add new Vendors to the Website without compromising on the quality of the Vendors.
6.3 To ensure that Vendors have all the necessary information to brief their staff about Primo Privilege so that the Card is accepted by the Vendors without any hindrance.
6.4 To regularly organize events where Members have the opportunity to interact and network with one another.
7. MISCELLANEOUS
These STACs may be altered or amended unilaterally, at the sole discretion of HEPL at any time. In such case, all Members will be informed of the same.
8. APPLICABLE LAW
These STACs shall be governed by the laws of India.
9. CONFIDENTIALITY
These Member STACs and the arrangement contained therein are strictly confidential.
10. INTELLECTUAL PROPERTY
Nothing contained in these STACs permits the Member to use HEPL’s intellectual property including the logo or trademark without written consent of a Director of HEPL.
11. DISPUTE RESOLUTION
Any and all disputes arising out of or in connection with these STACs shall be referred to Sole Arbitration. The arbitration shall be conducted in New Delhi.
12. PRIVACY POLICY
12.1 HEPL views protection of Member privacy as vital.
12.2 HEPL does not collect any financial information from any of our Members or visitors.
12.3 Any information collected is stored under a protected file with highly restricted access. Our member and vendor database is highly confidential and will not be shared with anyone under any circumstances barring change of ownership.
13. REFUND & CANCELLATION POLICY
HEPL does not permit refunds or cancellations of membership by Members. Members are encouraged to consider their decision to join Primo Privilege carefully before signing up.
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PRIMO PRIVILEGE

 

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