Terms and Conditions

  1. The Retailers shall meet the eligibility criteria as mentioned in Annexure A to enroll in the "Sigma Wholesale Dhamaka( SWD)" ("Program"). As a participant in this Program, the Retailer confirms that it has adequate space in its outlet to place multiple Point of Sales Merchandising ("POSM") elements. As part of this Program, and upon the selection of Retailers for this Program, SIGMA WHOLESALE DHAMAKA( SWD) will make significant investment and deploy specific POSM elements in the Retailer's store for communicating details of various products to the consumers.
  2. The Program will be operative for the period from 01 June 2024 to 31 October 2024 both days inclusive subject to date of enrollment ("Program period"). The new agreement form supersedes all the previous agreements.
  3. To participate in this Program, the selected Retailer shall enroll himself in the Program by completing this Program Participation Form' in the Sigma Wholesale Dhamaka( SWD) mobile application. Sigma Wholesale Dhamaka( SWD) sales representative shall support the concerned Retailer to complete the enrollment formalities. The selected Retailer agrees to continue to fulfil the terms and conditions set out herein, including meeting monthly business value as communicated from time to time by SIGMA WHOLESALE DHAMAKA( SWD), so as to justify the additional spending on the Program in such retail outlet.
  4. A participating Retailer in the Program is eligible for a payout or redemption of gifts as per the guidelines mentioned in Annexure B and Annexure C.
  5. Sigma Wholesale Dhamaka( SWD) representatives would check and / or click pictures of outlet with display of POSM for verification. The Retailer shall be disqualified from continuing in the Program in case the display criteria are not complied with during the "Program period" as per the requirement mentioned in this Agreement. Sigma Wholesale Dhamaka( SWD) decision in this matter will be final and binding.
  6. SIGMA WHOLESALE DHAMAKA( SWD) shall have the right to conduct verification from time to time, of the Retailer's sales data and other records for reconciliation purposes. Payments for each month will be based on the verification of the pictures of the outlet with display of products complying with the recommended visual display norms of SIGMA WHOLESALE DHAMAKA( SWD) in that particular month.
  7. Payouts under this Program will be done on bills raised by Retailers on a monthly basis. Sigma Wholesale Dhamaka( SWD) decision regarding this Program and the payouts made thereunder will be final and binding.
  8. In addition to the existing laws and regulations applicable under the Agreement, the Retailer shall comply with Sigma Wholesale Dhamaka( SWD) policies that are currently existing or shall be launched by SIGMA WHOLESALE DHAMAKA( SWD) in future, pertaining to the Program, including but not limited to terms of usage of mobile application, privacy policy, cookies policy and other information technology policies as created and revised from time to time at the sole discretion of SIGMA WHOLESALE DHAMAKA( SWD).
  9. The Retailer must keep the details of this Agreement and any information received from SIGMA WHOLESALE DHAMAKA( SWD) confidential and not disclose the terms of this Agreement and any information received under this Agreement to any third parties. By enrolling in this Program, the Retailer hereby gives his consent to SIGMA WHOLESALE DHAMAKA( SWD) for using and storing his personal data as may be required by SIGMA WHOLESALE DHAMAKA( SWD) for enrollment and processing of payouts under this Program. SIGMA WHOLESALE DHAMAKA( SWD) represent that, it shall comply with the applicable security standards and norms required under the applicable laws of India. SIGMA WHOLESALE DHAMAKA( SWD) represents that it has implemented measures and procedures aiming at preserving the confidentiality of the personal data and at protecting them notably to prevent any alteration, damage or disclosure to unauthorized third parties.
  10. SIGMA WHOLESALE DHAMAKA( SWD) MOBILE APPLICATION LICENSE: SIGMA WHOLESALE DHAMAKA( SWD) hereby grants to the Retailer during the Term of this Agreement, a non-exclusive, irrevocable non-transferable, fully paid, limited license to access and use Company's mobile application, portal, hardware configurations, operations systems/platform, proprietary software and other data and facilities (including Internet connectivity, as applicable) (collectively, "Website and Mobile Application") required to enable the Retailer to access Sigma Wholesale Dhamaka( SWD) mobile application, together with any modifications, enhancements and updates thereto in accordance with this Agreement.
  11. The Retailer hereby agrees and acknowledges that it shall not use Sigma Wholesale Dhamaka( SWD) mobile application for any other purpose other than as explicitly stated in this Agreement. SIGMA WHOLESALE DHAMAKA( SWD) reserves all rights to activate or deactivate the Retailer's access to Sigma Wholesale Dhamaka( SWD) mobile application.
  12. THE WEBSITE/ APPLICATION, SIGMA WHOLESALE DHAMAKA( SWD) MOBILE APPLICATION AND THE SERVICES INCLUDING THIRD PARTY SERVICES, ALL CONTENT, FUNCTIONS, SOFTWARE, MATERIALS AND INFORMATION AVAILABLE OR PROVIDED IN CONNECTION WITH THE SERVICES ARE PROVIDED ON "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  13. ELECTRONIC COMMUNICATION: The Retailer confirms and agrees that when the Retailer uses the Sigma Wholesale Dhamaka( SWD) mobile application or send emails or other data, information or communication to SIGMA WHOLESALE DHAMAKA( SWD), the Retailer is aware that the Retailer is communicating with the Company through electronic mode and give consent to receive communications via electronic records from SIGMA WHOLESALE DHAMAKA( SWD) either periodically or as and when required. SIGMA WHOLESALE DHAMAKA( SWD) will communicate with Retailer by email or through notifications on Sigma Wholesale Dhamaka( SWD) mobile application or through physical mode which will be deemed adequate service of notice / electronic record. To the maximum extent permitted under any applicable law, the Retailer hereby waives all rights to challenge the service of documents under any and all legal proceedings if the document is served on the designated electronic address including Sigma Wholesale Dhamaka( SWD) mobile application in terms of Information Technology Act, 2000 and Rules made therein. The Retailer hereby understands, agrees and expressly consents to allow SIGMA WHOLESALE DHAMAKA( SWD) to monitor, analyse and use the data from the Sigma Wholesale Dhamaka( SWD) mobile application at Sigma Wholesale Dhamaka( SWD) sole discretion.
  14. The Retailer may raise his concern or grievance by writing an email to SIGMA WHOLESALE DHAMAKA( SWD) at support@incentivesolutions.in.
  15. Retailer warrants that it shall not use any cookies, action tags, or any similar technology, whether available now or conceived in the future, used to obtain, track, monitor, implement any form of profiling, or assess information obtained through the use thereof under this Agreement; Retailer further warrants that it shall use its best efforts: (i) to ensure that no viruses, software traps, worms, trap doors, back doors, Trojan horses, or other similar malicious, disruptive or corrupting program code, programming instruction, or software, or similar items (collectively, a "Virus") are coded in, introduced in, allowed to be introduced in, or included in Sigma Wholesale Dhamaka( SWD) system, sub-system, software, hardware or any other component or element of SIGMA WHOLESALE DHAMAKA( SWD) business or technology environment.
  16. SIGMA WHOLESALE DHAMAKA( SWD) shall own all rights, title and interest including all Intellectual Property Rights in the Products, mobile application, POSM and other material provided by SIGMA WHOLESALE DHAMAKA( SWD) to the Retailer as per the provisions of this Agreement. This Agreement is not a sale and does not convey to the Retailer any rights of ownership in or related to the Products, mobile application, POSM and other material provided by SIGMA WHOLESALE DHAMAKA( SWD), or any intellectual property rights owned by SIGMA WHOLESALE DHAMAKA( SWD). The Retailer agree to use the POSM, mobile application and any other material provided by SIGMA WHOLESALE DHAMAKA( SWD) only for the purpose as mentioned in this Agreement and shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights in the Products, mobile application, POSM and other material provided by SIGMA WHOLESALE DHAMAKA( SWD) and shall not contest or challenge, or initiate any action that may damage or impair ownership of the intellectual property rights of the SIGMA WHOLESALE DHAMAKA( SWD).
  17. Term: This Agreement shall be effective from 1st April 2023 (subject to the date of enrollment of the Retailer) and shall remain valid for a period one year from the effective date unless renewed or terminated earlier.
  18. Termination:
    1. Either of the Parties may terminate this Agreement at any time without giving any reasons by giving a written notice of fifteen (15) days.
    2. SIGMA WHOLESALE DHAMAKA( SWD) may terminate this Agreement on fifteen (15) days' written notice if the Retailer fails to comply with the obligation as mentioned in this Agreement (a "Breach") and such Breach is not cured within the seven (7)-day period;
    3. SIGMA WHOLESALE DHAMAKA( SWD) may terminate this Agreement immediately on notice if the Service Provider commits three or more Breaches within any twelve (12)-month period, even if such Breaches are cured as provided above.
  19. Effects of Termination:
    1. Upon Termination pursuant to clause 20 (i), the Retailer shall submit his claim for payout under this Program within 15 days from the date of notice of termination.
    2. Upon Termination pursuant to clause 20 (i) and / or 20 (ii), the Retailer shall not be eligible for any payouts under this Program.
    3. Upon Termination the Retailer shall return the POSM and any other material as may be provided by SIGMA WHOLESALE DHAMAKA( SWD) pursuant to this Agreement and shall restrain from using the mobile application, POSM and any other material of SIGMA WHOLESALE DHAMAKA( SWD) without the prior written consent of SIGMA WHOLESALE DHAMAKA( SWD).
  20. Force Majeure

    21. The parties hereto shall not be liable for failure or partial failure of performance hereunder if caused by force majeure, which is not limited to, reason of any act of God, fire, natural disaster, accident, riots, pandemic, acts of government, acts of war or terrorism, Shortage of materials or supplies, failure of transportation or communications, or any other cause beyond the reasonable control of such Party ("Force Majeure Event"). Any suspension of performance by reason of any such Force Majeure Events shall be limited to the period during which the force majeure subsists. However, if such Force Majeure Event continues for a period of 60 (sixty) days either Party may terminate this Agreement and the Parties shall, from the date of such termination, stand absolved of all their respective obligations or liabilities to perform the terms of this Agreement.
    Non-compliance of any terms and conditions of this Agreement by the Parties due to any Force Majeure event shall not be treated as a breach.

  21. All Program materials, including details on how to enroll and claim payouts are part of these Terms and Conditions of Entry. This Program is being made purely on a "best effort" basis. This Program cannot be clubbed with any other Offer/Program.
  22. The Retailer confirms his acceptance of these Terms and Conditions of Entry and the Sigma Wholesale Dhamaka( SWD) decisions by enrolling in the Program.
  23. This Agreement shall be subject to the exclusive jurisdiction of the Courts only at Mumbai, and no other Court shall have jurisdiction