Terms Of Use

A. My AIMS (OPC) Pvt. Ltd., a company registered at __________________, operates a “Benefit
Program” which enables participating customers (“Members”) to receive benefits (“Benefits”) by
purchasing goods & services, etc. (“Purchases”) at myaimsclub.com , an online-platform, online Loyalty
Merchants and local Loyalty Merchants (together “My AIMS and Loyalty Merchants”).
B. Here, Members are registered with My AIMS (OPC) Pvt. Ltd, through its online portal
www.myaimsclub.com, enabling them to purchase goods, services, travels, etc. from My AIMS and
Loyalty Merchants, and, thereby, to generate Benefits in the Benefit Program.
C. Any term or condition that appears in the General Business Terms and Conditions can be found
at the end of the General Business Terms and Conditions in Appendix 1. The terms in in these General
Business Terms and Conditions are binding.
1. Object of the Contract
In accordance with the General Business Terms and Conditions, a Member is entitled to participate in
the Benefit Program and to receive the associated Benefits. Members can purchase at My AIMS and
Loyalty Merchants. Registration and participation in the Benefit Program is chargeable to member for a
nominal fees of Rs. 550/- + 18 % GST , Total comes to Rs. 649/- ( Rs. Six Hundred & Forty Nine Only )
valid for 1 year from the date of registration.
2. Basis of the Contract
2.1 By registering, you become a Member of My AIMS and receive a personal, non-transferable
identification number (“Member ID”). This entitles you to participate in the Benefit Program.
2.2 A Member warrants that the information that he has provided to My AIMS is correct and shall
fully indemnify and hold My AIMS harmless in the event of culpably untruthful information. A Member
undertakes to inform My AIMS without undue delay of any changes to the personal data provided at the
time of registration (in particular address, e-mail address, bank account details, phone number, etc.).
2.3 Each natural person or legal entity is only permitted to register once (i.e. only one Member ID).
For registration, a Member must enter a home or business address (registered office). If a Member
attempts to register more than once with the aim of obtaining extra Benefits, My AIMS reserves the
right to terminate the contractual relationship with good cause and revoke any Benefits obtained in this
manner. If a Member registers more than once, the most recent Member ID shall be deleted. Any
Benefits shall be revoked.
3. Benefit Program
3.1 By making a Purchase from My AIMS and a Loyalty Merchant, a Member acquires Benefits in
accordance with the General Business Terms and Conditions. The Benefits and their respective
conditions are described in more detail in Clause 5.
3.2 To be able to grant Benefits to Members for their Purchases, My AIMS enters into contracts
with Loyalty Merchants. Current Loyalty Merchants and the associated Benefits are listed online at
www.myaimsclub.com.

3.3 The Member has the following options for recording his Purchases: the My AIMS Club Card, the
My AIMS Club App or in the Logged-in Member Area on the My AIMS website.
3.4 The Loyalty Merchant sends all Purchase and / or billing data to My AIMS for the calculation of
the resulting Benefits.
4. Online Shopping
4.1 The Member can log in at www.myaimsclub.com or via the My AIMS app using his access data
and select the desired online shop at My AIMS or a Loyalty Merchant or make the Purchase directly
from the online shop. The Purchase at the online Loyalty Merchant can only be recorded if the
Member's system allows cookies during the Purchase process and does not use ad blockers or script
blockers. Members can find out more about Purchases from online Loyalty Merchants in the FAQs at
www.myaimsclub.com.
4.2 The Member is entitled to cancel, modify or return online Purchases, subject to the terms
offered by the specific Loyalty Merchant, from whose Online Shop the Purchase is made. For this
purpose, it is imperative that the Member acquaints himself with these terms including without
limitation return period, grounds for cancellation or return etc., before making any Purchase.
4.3 A Member is entitled to receive Benefits provided that the Loyalty Merchant’s cancellation or
return period has expired and the Member has not cancelled the Purchase.
4.4 My AIMS has no influence over the design of the (linked) online shops of Loyalty Merchants and
is not responsible for these websites in any way. My AIMS expressly distances itself from any content on
these websites that may be illegal or contrary to common decency.
5. Benefits
5.1 The respective Benefits granted are listed at www.myaimsclub.com. A Member is advised to
check the My AIMS website on a regular basis for the status of the conditions for the respective Loyalty
Merchant. My AIMS reserves the right to change the Benefits granted for individual Loyalty Merchants
at any time. The conditions that applied at the time that the Member paid the Purchase in full shall be
used to calculate the Benefits due to the Member.
5.2 My AIMS reserves the right to deviate from the principles set out here in the context of special
promotions. My AIMS is interested in offering its Members the greatest possible selection of shopping
opportunities at Loyalty Merchants and agreeing substantial discounts with the Loyalty Merchants in
order to offer substantial Benefits to the Members. If differing conditions are agreed to with a Loyalty
Merchant in the form of special promotions (as may be the case with atypical Purchases such as mobile
phone contracts or travel arrangements), My AIMS will refer to this separately at
www.myaimsclub.com.
5.3 In order for Benefits to be credited, the Purchase must be fully paid by the Member and there
are no longer any legal rights to cancel the Purchase without giving reasons, i.e. in particular, any
existing withdrawal period must have expired. If these requirements are met, the Loyalty Merchant will
confirm and report the Purchase to My AIMS. Benefits from Purchases made that have been reported to
My AIMS by 11:00 p.m. Sunday by the Loyalty Merchant will be credited to the Member (Benefits). My

AIMS obligates the Loyalty Merchants to report no later than within three months from the date on
which the requirements according to this Clause are satisfied. The credit of the Benefits to the Member
shall be possible only after the Loyalty Merchant has reported it to My AIMS.
5.5 The Benefits are based on the conditions agreed in the contract between My AIMS and the
respective Loyalty Merchant and they can therefore vary. Benefits can consist of Cashback, Referral
Earnings or other promotions.
5.5.1 Cashback : The Member can receive Cashback for Purchases booked in the Benefit Program,
whereby the respective percentage per product or per Loyalty Merchant is shown on
www.myaimsclub.com. Individual Purchases can be excluded from the granting of Cashback. The
Cashback represents a discount on the own Purchase and is granted in the form of a purchase credit for
further use within the My AIMS Club.
5.5.2 Referral Earnings:

5.5.3 Vouchers / Coupons:

6. Personal Member Area
6.1 My AIMS will provide each Member with his own Personal Member Area at
www.myaimsclub.com free of charge where Purchases that have been made and information about
Benefits from the Benefit Program can be viewed at any time after a username and password are
entered. For any unavailability of the My AIMS websites and the login area at www.myaimsclub.com,
My AIMS is only liable in accordance with Clause 10.
6.2 The Member must retain securely and confidentially his access data for his Personal Member
Area (username, password and PIN). Third parties must not be given access to this information. A
Member is able to amend his personal settings at any time at www.myaimsclub.com (log-in area).
6.3 The Member undertakes to notify My AIMS immediately of any misuse of his online access.
Following the immediate blocking of his access, the Member will in turn receive changed login details
via SMS, e-mail, or by post. My AIMS shall not be liable for any damage caused to the Member as a
result of improper use except as specified in Clause 10.
7. Assignment of a Referrals
Members can assign an new Referral at any time down under his/ her team to get referral earnings as
mentioned above in clause 5.5.2. The newly nominated Referral must give his/her consent to be a
member of My AIMS Club..

8. Data Protection
8.1 As the party responsible under data protection law, My AIMS collects, stores and processes
personal data such as data regarding shopping habits and previous Purchases of Members, insofar as
this is necessary to operate the Benefit Program, i.e. calculating Benefits. Provided the Member has
given his consent, My AIMS will also use the Members’ data to personalise information about offers and
products from My AIMS and the Loyalty Merchants.
8.2 All enquiries regarding the information, amendment and deletion of personal data can be
directed to My AIMS OPC Private Limited, ___________________________________________
_____________________________________________________________________, India.
8.3 Further data protection regulations relevant to the use of the My AIMS website can be found in
the data protection declaration at www.myaimsclub.com.
8.4 My AIMS uses established security equipment and methods to protect its Members’ data from
unauthorised access. My AIMS’s liability for the security of data transmitted on the internet is governed
by Clause 10.
9. Disruptions to Service
9.1 The scope of services offered by My AIMS is restricted to the operation of the Benefit Program
as described in the General Business Terms and Conditions.
9.2 The rights and obligations related to a Purchase shall apply solely to the Loyalty Merchant.
Following the completion of a contract with a Loyalty Merchant, My AIMS assumes no warranty
obligations or liability for the Loyalty Merchant’s service obligations, in particular for the Loyalty
Merchant’s failure to fulfil obligations, in whole or in part.
10. Liability
10.1 Nothing in this Agreement shall operate to exclude or limit My AIMS’s liability to a Member
where it would be unlawful to do so.
10.2 My AIMS is responsible only for loss or damage suffered by a Member that are directly a result
of My AIMS (a) breaking its contract with a Member under the General Business Terms and Conditions;
or (b) failing to fulfil its obligations towards a Member, in terms of the General Business Terms and
Conditions. Notwithstanding anything contained in the General Business Terms and Conditions, should
there a breach or failure on the part of My AIMS to fulfil any of its obligations, owing to an act of God or
reason’s beyond My AIMS’s control, in such circumstances, My AIMS will not be held responsible for the
resulting loss and consequently no indemnity can be sought for the same from My AIMS. Further, My
AIMS will not responsible for any loss or damage, howsoever caused, that is not foreseeable or directly
attributable to an act or omission on the part of My AIMS.
10.3 My AIMS has no liability whatsoever arising out of a Member’s participation in the Benefit
Program. In particular, but not as a limitation thereof, My AIMS is not liable to a Member for:

a) any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business
opportunity; or
b) any indirect or consequential loss or damage, litigation;
c) any errors or omissions from the My AIMS Website or any service or product obtained
therefrom;
d) the unavailability or interruption of the My AIMS Website or any features and services
thereof, due to the use of the My AIMS Website or the contents and material contained therein;
including, but not limited to interruptions to a Member's internet access, other technical and electronic
issues (i) while exchanging data over the internet or (ii) when using the My AIMS internet portal, My
AIMS SMS services and My AIMS applications for mobile devices, provided My AIMS is not responsible
for these issues, technical and electronic issues for which My AIMS is not responsible and that prevent
Purchases from being recorded (in particular tracking errors and the resulting loss of data),
unavailability of mobile networks or terminals, functional defects on a Member's mobile device; or
e) the failure, for any reason, of a Loyalty Merchant to sell or supply the goods or services
required by the Member; or
f) a faulty/defective good or services supplied by a Loyalty Merchant, whether based on breach
of Agreement, breach of warranty, tort (including negligence), product liability or otherwise, even if
advised of the possibility of such damages.
10.4 A Member agrees to defend (if requested by My AIMS), indemnify and hold My AIMS harmless
against all liabilities, claims, losses, damages and expenses that may arise out of or in connection with
(a) the Member’s breach or anticipated breach of this Agreement or (b) the Member’s use of the My
AIMS Website or Member’s Personal Member Area, or (c) the Member’s Purchase at a Loyalty
Merchant, or (d) the Member’s violation of any law, rules, regulations, codes, statutes, ordinances,
orders of government or quasi-government authorities. Notwithstanding the foregoing, My AIMS
reserves the right to settle, compromise and pay any and all claims, demands, proceedings, suits,
actions or causes of action that may be brought against them under this sub-clause.
10.5 In as far as the liability of My AIMS is limited or excluded, such limitations or exclusions shall
also apply for the personal liability of My AIMS employees, legal representatives, agents and sub-
contractors.
10.6 The limitations and exclusions of liability under this Clause 10 shall in no way affect the liability
of My AIMS in compliance with its obligations under the provisions of the applicable consumer
protection laws in India. Except as otherwise provided in these General Business Terms and Conditions,
and especially under Clause 10.1, My AIMS’s liability shall be limited to an amount equal to ten times
the amount of Cashback accumulated by the Member in the six-month period preceding the breach of
this Agreement. The provisions of this Clause 10 will survive the termination or expiry of this Agreement
or the Member’s membership with Benefit Program.
11. Exclusion of Warranties and Guarantees

11.1 A Member expressly understands that participation in the Benefit Program is at his sole risk and
discretion and My AIMS disclaims all warranties and conditions of any kind. The scope of services
offered by My AIMS is restricted to the operation of the Benefit Program as described in these General
Business Terms and Conditions.
11.2 The Loyalty Merchant will be responsible to the purchasing Member for the supply of goods or
service, as the case may be, in accordance with the Loyalty Merchant’s terms and conditions. All
interaction between a Member and the Loyalty Merchant, whether on an Online Shop or an offline
shop, will be on a principal to principal basis and My AIMS will not a party to such transactions. My AIMS
is not the seller or supplier of any Loyalty Merchant´s goods or services and thus is not bound by any of
the legal obligations applicable to the sellers of these goods or services.
11.3 Accordingly, My AIMS makes no representations and has no control over or responsibility for:
11.3.1 The quality, safety, or legality of the goods or services of a Loyalty Merchants; 11.3.2
whether the Loyalty Merchant can or will supply and pass good title to any goods or
services;
11.3.3 whether the quality of the goods or services offered by a Loyalty Merchants will meet the
Member’s requirements;
11.3.4 whether the service of a Loyalty Merchants will be uninterrupted, timely or free from
errors;
11.3.5 whether the defects, if any, in the operation or functionality of the service of a Loyalty
Merchants will be remedied.
11.4 A Member should exercise no lesser degree of caution when entering into transactions with a
Loyalty Merchant than he would when entering into similar transactions with any other
merchant/retailer/ service provider.
11.5 Subject to the Clause 10, My AIMS assumes no warranty, obligations or liability for a Loyalty
Merchant’s service obligations, in particular for its failure to fulfil its obligations, in whole or in part.
Should a Loyalty Merchant fail to fulfil its obligations, the Member is not entitled to make any claims
against My AIMS for any damages or compensation or remuneration in any form, be it full or partial
reimbursement of the value of a Loyalty Merchant Voucher redeemed, the issuance of a new Loyalty
Merchant Voucher, a cash payment or any other form of payment. The Loyalty Merchant is solely
responsible for all claims resulting from its failure to fulfil its obligations or failure to fulfil obligations
correctly.
12. Termination by the Member
12.1 A Member has entered into this Agreement of his own free will and may terminate this
Agreement at any time, without penalty, by giving written termination notice to My AIMS in accordance
with Clause 14.5 of this Agreement.
12.2 In the event of such notice being given:

12.2.1 the Member will receive an email confirming the termination and the Member will cease to be
a Member upon such communication;
12.2.2 the Member will not be eligible for any Benefits on future Purchases, upon termination; 12.2.3
On termination by a Member, he is only entitled to receive Benefits from the Benefit Program
for which the reason was set at the time the contract was terminated, that means if the Purchase
entitling to Cashback has been already made at the time the contract is terminated. All accumulated
Shopping Points will be forfeited on termination of the Agreement. However, should the Member
terminate the Agreement due to a material breach by My AIMS, the Member will be able to redeem any
Shopping Points as described in Clause 5 within a period of eight weeks following the termination of the
Agreement.
13. Termination by My AIMS
13.1 Without prejudice to any other rights or remedies that My AIMS may have, My AIMS is entitled
to terminate the contractual relationship without cause with a notice period of 30 days or with
immediate effect for good cause. Good cause refers to:
13.1.1 substantial damage to My AIMS’s or a Loyalty Merchant's economic interests or
reputation (in case a Member violates any legal provisions and/or third-party rights, or violates,
endangers, infringes upon a legitimate interest of My AIMS etc.);
13.1.2 a material breach of the Member's contractual duties. The Member's material
contractual duties include those set out in Clauses 2.2, 2.3.
13.1.3 objection by a Member to any changes made to the General Business Terms and
Conditions by My AIMS, in furtherance of Clause 14.4 of these General Business Terms and Conditions.
13.2 My AIMS may also withdraw, amend, modify, suspend the Benefit Program at any time in
circumstances, such as in case the Benefit Program is no longer commercially viable for My AIMS or is
no longer viable due to any change in the applicable laws in India, in which case My AIMS will use its
reasonable endeavours to give a notice period of 30 days to the Member,
13.3 The Member will indemnify My AIMS in the event of a culpable breach of these provisions. This
also applies for the costs of the defence of third party claims. Furthermore, My AIMS is entitled to assert
any claims against the Member resulting from a breach of the Member's duties, including claims for
legal costs.
13.4 In addition, and without prejudice to the right of My AIMS to terminate this Agreement in
accordance with Clause 13.1 above or otherwise, My AIMS may by notice require a Member in breach
of Agreement to rectify such breach within fourteen days of such notice and if he fails to do so, My
AIMS will have the right to terminate the Agreement with immediate effect, by notice in accordance
with clause 13.1, above.
13.5 In the event that My AIMS terminates the Agreement in accordance with clause 13.1:
13.5.1 the Member will cease to be a Member with immediate effect;
13.5.2 the Member will not be eligible for any Benefits on future Purchases, upon termination;

13.5.3 On termination by My AIMS, a Member is only entitled to receive Benefits from the
Benefit Program for which the reason was set at the time the contract was terminated, that means if
the Purchase entitling to Cashback has been already made at the time the contract is terminated.
Should My AIMS terminate the Agreement for good cause where the Member is not at fault, the
Member can redeem his Shopping Points within 8 weeks following termination of the Agreement in
accordance with Clause 5. Any Shopping Points will otherwise be forfeited upon termination of the
Agreement.
13.5.4 My AIMS will not be liable to any Member for any loss or damage or expense of any
kind, arising out of termination, whether direct or indirect or consequential.
14. General Provisions
14.1 Without the prior written approval of My AIMS, the agreement between My AIMS and the
Member is not assignable by the Member nor can the liabilities or rights arising from participation in the
Benefit Program be used as security.
14.2 Participation in the Benefit Program constitutes merely a contractual relationship and therefore
does not establish any other relationship between the Member and My AIMS (including its parents,
subsidiaries, sister companies and affiliates) such as a corporate society, membership of any
clubs/societies/associations or “membership” in the sense of being a shareholder / stockholder of My
AIMS, its parents, subsidiaries, sister companies and affiliates.
14.3 Individual agreements always take precedence over these General Business Terms and
Conditions. All such agreements must be made in writing or confirmed in writing by My AIMS. It is
assumed that the parties have not entered into any verbal agreements. My AIMS is further entitled to
forward any contractual declarations and information necessary for the execution of the Agreement to
the Member by text message or email, provided that the Member has disclosed the relevant contact
details and does not object to this.
14.4 My AIMS reserves the right to change these General Business Terms and Conditions
prospectively, at any time and without any reason, including but not limited to changing the Benefits of
the Benefit Program and every such amendment will be published on the My AIMS Website. Members
may be notified of amendments made to the General Business Terms and Conditions by email;
however, each Member agrees that My AIMS may notify him by publishing the amendments on the My
AIMS Website. The Member agrees that the General Business Terms and Conditions, as published on
the My AIMS Website, at any given point in time, shall be legally binding. Changes made to these
General Business Terms and Conditions, pertaining to Benefits, shall be communicated to the Member
by My AIMS through email, and such changes shall be deemed to be accepted by the Member if the
Member does not object to their applicability within 30 days of receipt of the written notification of
change.
14.5 Any notice required to be given under this Agreement will be in writing in English and will be
delivered or sent by email to each party required to receive the notice at its address as set out below:
(a) if to My AIMS: DLF Prime Tower, Room No. 816, 8th Floor, Plot No. F 79- 80, Okhla Industrial Area,
Phase-1, New Delhi-110020, India or email at service.in@My AIMS.com; (b) if to the Member: to the

address/ email address given by the Member at the time of registration in the Benefit Program or to
such other address specified by the Member by notice in writing to My AIMS.
14.6 Any notice will be deemed to have been duly received: (a) if by post, 7 (seven) days after it is
sent, or (b) if delivered personally, at the registered address of My AIMS, in case of the My AIMS, or at
the address given by the Member at the time of registration or at his latest notified address, in the case
of a Member; or (c) if sent by email, twelve (12) hours after it is sent.
14.7 The provisions of this clause will not apply to the service of any process in any legal action or
proceedings, in which case any notice, communication or statement relating to this Agreement will be in
writing.
14.8 Words in the singular will include the plural and vice versa. A reference to one gender will
include a reference to the other gender.
14.9 The illegality, invalidity, or unenforceability of any provision of this Agreement will not in any
manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and that
provision and this Agreement generally will be reformed, construed and enforced so as to most nearly
give lawful effect to the intent of the parties as expressed in this Agreement.
14.10 This Agreement will be governed by and be interpreted exclusively in accordance with the laws
of the Republic of India. Any dispute arising out of or in connection with this Agreement, including any
question regarding its existence, validity or termination, will be referred to and finally resolved
exclusively by the courts of Mumbai, Maharashtra.
14.11 A Member must be at least eighteen years old in order to register and participate in the Benefit
Program. Subject to these General Business Terms and Conditions, a natural person is eligible to
become a Member; he should be competent to the Agreement as required by section 11 of the Indian
Contract Act, 1872 and he should have a bank account in his own name. For a natural person to become
a Member, the following conditions must be fulfilled: a. He should be at least 18 years old, on the date
of his accepting these General Business Terms and Conditions; b. He should not be of unsound mind
and; c. He should not be insolvent.
14.12 A Member is responsible for all charges, fees, taxes etc. accrued by the Member as a result of
receiving Benefits.