TERMS AND CONDITIONS – SICILIANSPOT

These Terms and Conditions (“Terms”) govern the access to and use of the SicilianSpot mobile application and associated services (the “Platform”), operated by SICILIAN TRAINING SERVICES LLP(“the Company”).

By registering or using the Platform, the User acknowledges that the User has read, understood, and agrees to be bound by these Terms. If the User does not agree, the Platform must not be used.

1. Definitions

For purposes of these Terms:

  • “User” means a verified member of SicilianConnect, associated with a BNI chapter.
  • “Vendor” means any BNI-affiliated business or other approved entity that lists or provides coupons, discounts, offers, promotions, or other benefits on the Platform.
  • “Offer” means a coupon, promotion, or voucher listed by a Vendor and redeemable by a User.
  • “Platform” means the SicilianSpot mobile application, website, and related services.

2. Eligibility and Registration

  • Access to the Platform is limited to SicilianConnect members with valid and active membership in their respective BNI chapters.
  • Registration requires accurate and complete information. The Company may verify membership details at its discretion.
  • Accounts are personal and non-transferable. Shared, false, or duplicate registrations may result in suspension or termination.

3. Use of the Platform

  • The Platform enables the User to browse and redeem Offers listed by Vendors from different business categories.
  • Offers are subject to Vendor-specific terms, availability, and validity periods.
  • Offers are strictly for personal use by the User and may not be sold, transferred, or exchanged for cash.
  • Misuse, duplication, or unauthorized transfer of Offers is prohibited and may lead to account suspension.

4. Vendor Responsibilities

  • Vendors are solely responsible for the accuracy, quality, and delivery of their Offers.
  • Vendors agree to honor valid Offers presented by the User.
  • The Company reserves the right to suspend or remove any Vendor or Offer that violates these Terms or applicable law.

5. User Responsibilities

The User shall:

  • Use the Platform in good faith and only for lawful purposes.
  • Not attempt to misuse, duplicate, tamper with, or manipulate coupons.
  • Not redeem Offers on behalf of non-members.
  • Respect the integrity of the BNI community and SicilianConnect ecosystem.

6. Refund & Cancellation Policy

  • Platform Disclaimer on Payments
    • → The SicilianSpot Platform does not process or collect any payments for Offers.
    • → The Platform only facilitates access to coupons, discounts, and promotional offers listed by Vendors.
    • → Any payment for goods or services is made directly by the User to the Vendor, outside the Platform.
  • Refunds (User–Vendor Transactions)
    • → Since the Company does not charge or process payments, no refunds shall be issued by the Company.
    • → Any request for refund, return, or exchange shall be raised directly with the concerned Vendor in accordance with their policies and applicable law, including the Consumer Protection Act, 2019.
    • → The Company shall not be responsible for any non-delivery, deficiency, or quality issues relating to Vendor products or services.
  • Cancellations (Users)
    • → Users may choose not to redeem a coupon/Offer at their discretion.
    • → Once redeemed with a Vendor, cancellation or refund shall be subject to the Vendor’s individual cancellation terms.
  • Cancellations (Vendors)
    • → Vendors are required to honor valid Offers once listed on the Platform.
    • → If a Vendor fails to deliver as promised, the User may seek remedies directly from the Vendor as per the Consumer Protection Act, 2019.
    • → Repeated failure by a Vendor to honor Offers may result in suspension or removal of the Vendor from the Platform.
  • Limitation of Liability
    • → The Company acts solely as a facilitator and does not guarantee Vendor performance, product quality, or service delivery.
    • → Under no circumstances shall the Company be liable for any claims relating to refunds, cancellations, or disputes between Users and Vendors.

7. Intellectual Property

  • All intellectual property in the Platform, including design, software, and branding, remains the property of the Company.
  • Vendors retain ownership of their content but grant the Company a license to display such content on the Platform.
  • The User is prohibited from copying, modifying, distributing, or reverse engineering any part of the Platform.

8. Privacy and Data Protection

  • The Company shall collect, process, and store personal information of the User in accordance with applicable laws, including the Digital Personal Data Protection Act, 2023.
  • Data may be shared with Vendors only for the purpose of redemption and verification.
  • By using the Platform, the User consents to such data collection and processing.

9. Disclaimer and Limitation of Liability

  • The Company provides the Platform on an “as is” and “as available” basis without warranties of any kind, express or implied.
  • The Company acts solely as a facilitator between the User and Vendors and does not guarantee the quality, legality, or availability of products or services offered by Vendors.
  • The Company shall not be liable for:
    • a. Any failure or delay in redemption of Offers.
    • b. Any defect, deficiency, or dispute in Vendor products or services.
    • c. Any loss of data, business interruption, or indirect, incidental, or consequential damages.
  • To the fullest extent permitted by law, the Company’s liability is strictly limited to suspension or termination of access to the Platform, whether of a User or a Vendor

10. Fraud Prevention and Misuse

  • The Company may monitor coupon usage to prevent fraudulent activity.
  • Any suspicious or abusive activity (including duplicate redemptions, fake accounts, or unauthorized sharing of credentials) may result in immediate suspension or termination without notice.
  • The Company reserves the right, at its sole discretion, to handle any such matters, including taking any action it deems appropriate.

11. Indemnity

The User agrees to indemnify and hold harmless the Company, its officers, employees, and affiliates from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

  • The User’s breach of these Terms;
  • Misuse of the Platform or Offers;
  • Any dispute between the User and a Vendor.

12. Suspension and Termination

  • The Company may suspend or terminate the User’s access at any time for breach of these Terms, misuse of the Platform, or lapse of membership.
  • Termination may occur without prior notice in cases of fraud or material violation.
  • Upon termination, all rights to use the Platform and pending Offers shall immediately cease.

13. Amendments

The Company reserves the right to amend these Terms at any time. Updated Terms will be posted on the Platform. Continued use of the Platform by the User shall be deemed acceptance of such amendments.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. The courts of Ahmedabad, Gujarat shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.

15. Entire Agreement

These Terms, along with the Privacy Policy, constitute the entire agreement between the User and the Company and supersede any prior agreements, communications, or understandings.

16. Refund and Cancellation Policy

If a Vendor fails to deliver the Offer or service as promised, the User shall be entitled to seek a refund or cancellation in accordance with the applicable provisions of the Consumer Protection Act, 2019. Refund claims must be raised within twenty-four (24) hours of the non-delivery or deficiency of service. Any claim made after this period shall not be entertained, and neither the Vendor nor the Platform shall be held responsible for processing such refunds. Refunds, where approved, shall be processed within a reasonable period, subject to due verification by the Company. The Company reserves the right to deduct applicable charges, if any, while facilitating such refunds.

17. Dispute Resolution

Any dispute, controversy, or claim arising out of or in connection with these Terms shall, in the first instance, be resolved amicably through negotiation. If the parties are unable to reach a resolution within fifteen (15) days, such dispute shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Ahmedabad, Gujarat, and the proceedings shall be conducted in English or Hindi. The award rendered by the arbitrator shall be final and binding on the parties

18. Service Availability and Force Majeure

The Company shall make reasonable efforts to ensure continuous availability of the Platform. However, the Company shall not be liable for any interruption, suspension, or failure in performance arising due to events beyond its reasonable control, including but not limited to:

  • (a) Acts of God, natural calamities, floods, earthquakes, fire, or pandemics;
  • (b) Acts of government, regulatory restrictions, or changes in law;
  • (c) Power outages, internet disruptions, or telecommunication failures;
  • (d) Strikes, lockouts, or labour disputes;
  • (e) System crashes, technical failures, hacking, or cyber-attacks; and
  • (f) Any other circumstance constituting a force majeure event under applicable law.

During the continuance of such events, the obligations of the Company shall remain suspended to the extent affected by the event. The Company shall resume its responsibilities as soon as reasonably practicable after the cessation of the force majeure event.

19. User Rights and DPDP Act

In accordance with the Digital Personal Data Protection Act, 2023, Users shall have the right to:

  • (a) Access their personal data processed by the Company;
  • (b) Request correction or updating of inaccurate or incomplete data;
  • (c) Request deletion of their personal data, subject to legal or contractual requirements; and
  • (d) Withdraw consent for data processing at any time, without affecting the lawfulness of prior processing.

The Company shall provide appropriate mechanisms to enable Users to exercise these rights in a timely manner.

20. Vendor Liability Escalation

In the event a Vendor refuses to honour a valid Offer, the User may escalate the grievance to the Company through its designated grievance redressal mechanism. The Company shall make reasonable efforts to mediate the matter and, where necessary, may suspend, penalize, or delist the defaulting Vendor from the Platform. This is without prejudice to the User’s rights and remedies available under applicable law, including the Consumer Protection Act, 2019.

21. Payment Terms

Unless expressly stated otherwise, all payments for Offers are made directly between the User and the Vendor. The Company does not assume responsibility for any payment disputes unless payments are expressly routed through the Platform. In cases where the Platform facilitates payment, the Company shall act as a payment intermediary in compliance with applicable laws, including the Payment and Settlement Systems Act, 2007, and relevant RBI guidelines.

User Acceptance Disclaimer

By clicking Accept and using SicilianSpot, the User confirms that:

  • Access is limited to SicilianConnect members with valid and active membership in their BNI chapters.
  • All coupons and offers are for personal use only and subject to Vendor terms.
  • The Company is a facilitator and not responsible for Vendor services.
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