Global Terms and Conditions

Last Updated: January 5, 2025
Effective Date: January 5, 2025

Multi-Jurisdictional Agreement: These Terms and Conditions govern your use of Stampier's business loyalty platform. They comply with laws in India (primary jurisdiction), European Union (GDPR), United Kingdom (UK GDPR), United States (federal and state laws), Canada (PIPEDA), Australia (ACL), New Zealand (Fair Trading Act), and other international jurisdictions. Please read the sections applicable to your location.

IMPORTANT: These Terms apply to businesses using our platform. End customers participating in loyalty programs are subject to the individual business's terms, not these Terms.

PART A: Universal Provisions (All Regions)

1. Acceptance of Terms and Definitions

1.1 Agreement to Terms: By accessing, registering for, or using Stampier's loyalty program platform and related services (collectively, the "Service" or "Platform"), you ("Business," "you," or "your") agree to be legally bound by these Terms and Conditions ("Terms," "Agreement," or "ToC") and our Privacy Notice.

1.2 No Agreement = No Use: If you do not agree to these Terms in their entirety, you must immediately cease all use of the Service. Continued use constitutes acceptance of these Terms as they may be modified from time to time.

1.3 Who We Are:

Service Provider:

Trading Name: Stampier

Legal Entity: Terrene Tech

Type: Proprietorship (India)

Proprietor: Sanchit Varshney

Principal Address:

Behjoi Road, Hayatnagar
Sambhal, Uttar Pradesh 244302
India

GST Number: 09AYTPV7980M1ZW

Contact: legal@stampier.co

1.4 Definitions:

  • "Business" or "you" means the legal entity or individual using Stampier to create and manage loyalty programs
  • "End Customer" or "Customer" means individuals who participate in loyalty programs created by Businesses (not party to these Terms)
  • "Service" or "Platform" means Stampier's SaaS loyalty program platform, including web applications, mobile interfaces, APIs, and related tools
  • "Content" means all data, information, logos, images, text, and materials uploaded or created by you
  • "Loyalty Program" means a digital stamp card or rewards program created by a Business using our Platform
  • "Subscription" means your paid plan for accessing the Service
  • "Account" means your business account and associated credentials

1.5 B2B Relationship: These Terms govern the business-to-business (B2B) relationship between Stampier and you (the Business). The relationship between you and your End Customers is governed by your own terms and conditions, privacy policy, and applicable consumer protection laws. Stampier is not a party to that relationship.

2. Description of Service

2.1 Platform Overview: Stampier provides a cloud-based Software-as-a-Service (SaaS) platform enabling businesses to create, manage, distribute, and track customer loyalty programs using QR code technology.

2.2 Core Features: The Service includes, but is not limited to:

Business Dashboard

  • Loyalty program creation and management
  • Customer database and analytics
  • QR code generation for programs
  • Stamp distribution and redemption tracking
  • Business profile customization
  • Reporting and insights

Customer Portal

  • Mobile-first customer interface
  • Program enrollment and participation
  • Digital stamp card management
  • QR code scanning for stamp collection
  • Reward redemption functionality
  • Customer authentication system

Technical Infrastructure

  • Multi-tenant subdomain architecture
  • RESTful API access
  • Secure data storage and encryption
  • Image upload and processing
  • Domain management
  • Email notification system

Future Features

  • Square POS integration
  • Advanced analytics and segmentation
  • Push notifications
  • Progressive Web App (PWA) features
  • Multi-location support
  • Third-party integrations

2.3 Service Modifications: We reserve the right to modify, suspend, or discontinue any feature or the entire Service at any time, with or without notice, for any reason, including but not limited to maintenance, upgrades, security, legal compliance, or business decisions. We are not liable for any modification, suspension, or discontinuation of the Service.

2.4 Beta Features: We may offer certain features in beta or experimental status. These features are provided "AS IS" with no warranties or commitments regarding performance, availability, or future release. We may discontinue beta features at any time.

3. Account Registration and Eligibility

3.1 Account Creation: To use the Service, you must create a business account by providing accurate, complete, and current information as requested in the registration process.

3.2 Your Obligations: By creating an account, you agree to:

  • Provide true, accurate, current, and complete registration information
  • Maintain and promptly update your information to keep it accurate and current
  • Maintain the confidentiality and security of your account credentials
  • Immediately notify us of any unauthorized access or security breach
  • Accept full responsibility for all activities occurring under your account
  • Not share your account credentials with any third party
  • Use your account solely for lawful business purposes

3.3 Age and Capacity Requirements: You represent and warrant that:

Minimum Age by Jurisdiction:

  • India: You are at least 18 years old or the age of majority in your state
  • European Union / UK: You are at least 16 years old (or 18 for certain services)
  • United States: You are at least 18 years old or 13+ with parental consent (varies by state)
  • Canada: You are at least 18 years old or the age of majority in your province
  • Australia / New Zealand: You are at least 18 years old
  • Other Countries: You are at least 18 years old or the age of majority in your jurisdiction

3.4 No Age Verification - Your Responsibility: We do not collect dates of birth or verify age during registration. By creating an account, you represent and warrant that you meet the minimum age requirements for your jurisdiction. If we discover or have reason to believe that you are underage or have provided false information, we reserve the right to immediately suspend or terminate your account without notice or refund.

3.5 Legal Authority: You represent that:

  • You have the legal authority to enter into binding contracts
  • If representing a business entity, you are duly authorized to bind that entity to these Terms
  • You are not prohibited from using the Service under any applicable laws
  • You are not located in, or a resident of, any country subject to trade embargoes or sanctions

3.6 Business Verification: We reserve the right to verify your business identity and may request documentation such as:

  • Business registration documents
  • Tax identification numbers
  • Proof of address
  • Government-issued identification
  • Business licenses or permits

Failure to provide requested documentation may result in account suspension or termination.

3.7 Account Suspension for Violations: We reserve the absolute right to suspend, restrict, or terminate your account immediately, without prior notice and without refund, if we suspect or discover:

  • False or misleading information provided during registration
  • Underage use or age misrepresentation
  • Illegal activities or violation of applicable laws
  • Breach of these Terms or our policies
  • Fraudulent activity or suspected fraud
  • Abusive behavior toward Stampier staff or other users
  • Any activity that may harm Stampier, its users, or third parties

3.8 One Account Per Business: Each business entity may maintain only one active account unless expressly authorized by Stampier in writing. Creating multiple accounts may result in termination of all accounts without refund.

4. Acceptable Use Policy

4.1 Permitted Use: You may use the Service solely for lawful business purposes to create and manage customer loyalty programs. You must comply with all applicable laws, regulations, and third-party terms.

4.2 Prohibited Activities: You agree NOT to, and NOT to permit any third party to:

Legal Violations:

  • Violate any local, state, national, or international law or regulation
  • Engage in illegal gambling, money laundering, or financing of illegal activities
  • Sell or promote illegal goods, services, or substances
  • Violate export control laws or trade sanctions
  • Infringe intellectual property rights of any party
  • Engage in activities that violate consumer protection laws

Fraudulent Activities:

  • Create fake or fraudulent loyalty programs
  • Manipulate stamp collection or redemption systems
  • Distribute counterfeit or unauthorized QR codes
  • Engage in chargeback fraud or payment fraud
  • Impersonate another business or individual
  • Create false or misleading customer rewards or promotions

Technical Violations:

  • Reverse engineer, decompile, or disassemble any part of the Service
  • Circumvent security measures or authentication mechanisms
  • Introduce viruses, malware, or malicious code
  • Launch denial-of-service attacks or excessive automated queries
  • Attempt unauthorized access to our systems, networks, or data
  • Scrape, data mine, or extract data without authorization
  • Interfere with the proper functioning of the Service

Data and Privacy Violations:

  • Collect personal data from End Customers without proper consent
  • Violate data protection laws (GDPR, CCPA, PIPEDA, etc.)
  • Sell or share customer data without authorization
  • Fail to implement adequate security measures for customer data
  • Use the Service for mass surveillance or tracking

Abusive Behavior:

  • Harass, threaten, or abuse Stampier staff, other businesses, or End Customers
  • Transmit hate speech, discriminatory content, or offensive material
  • Send spam, unsolicited communications, or phishing attempts
  • Create loyalty programs for adult content, tobacco, weapons, or restricted goods

Commercial Misuse:

  • Resell, sublicense, or redistribute the Service without authorization
  • Use the Service to compete with Stampier
  • Create derivative works based on the Service
  • Remove or alter proprietary notices or branding

4.3 Consequences of Violations: Violation of this Acceptable Use Policy may result in:

  • Immediate suspension or termination of your account without notice
  • Deletion of your Content and data
  • Forfeiture of any prepaid fees without refund
  • Legal action and pursuit of damages
  • Reporting to law enforcement authorities
  • Permanent ban from using Stampier services

4.4 Monitoring and Enforcement: We reserve the right, but have no obligation, to monitor use of the Service, investigate violations, and take appropriate action. We may cooperate with law enforcement and provide information as required by law.

5. Subscription Plans and Pricing

5.1 Free Trial: We offer a 14-day free trial period with full access to all Service features:

  • No credit card required to start the trial
  • Trial period begins on the date of account registration
  • Trial automatically expires after 14 days unless you subscribe to a paid plan
  • We may modify or discontinue the free trial at any time
  • One free trial per business; additional trials require approval

5.2 Paid Subscriptions: After the trial period, continued use requires a paid subscription. Available plans may include:

  • Monthly subscription plans (billed every 30 days)
  • Annual subscription plans (billed every 12 months, potential discount)
  • Custom enterprise plans (negotiated separately)

5.3 Pricing:

  • Current pricing is available on our website at stampier.co
  • All prices are quoted in the currency specified at checkout (USD, INR, EUR, etc.)
  • Prices exclude applicable taxes unless otherwise stated
  • We reserve the right to modify pricing at any time with 30 days' advance notice

5.4 Price Changes: If we change our pricing:

  • You will receive 30 days' advance notice via email
  • Price changes take effect at your next renewal date
  • Your current subscription period remains at the original price
  • You may cancel before the new pricing takes effect to avoid charges
  • Continued use after the effective date constitutes acceptance of new pricing

5.5 Plan Upgrades and Downgrades:

  • You may upgrade your plan at any time; upgrade charges are prorated
  • You may downgrade your plan at any time; downgrades take effect at next renewal
  • Downgrading may result in loss of features, data, or capacity
  • We are not responsible for data loss resulting from downgrades

6. Payment Terms

6.1 Payment Authorization: By subscribing to a paid plan, you authorize Stampier (and our payment processor, Stripe) to charge your designated payment method for:

  • Initial subscription fees
  • Recurring subscription renewals
  • Usage-based fees (if applicable)
  • Applicable taxes, duties, and government fees

6.2 Payment Methods: We accept payment via:

  • Credit cards (Visa, Mastercard, American Express, etc.)
  • Debit cards
  • Other payment methods supported by Stripe

Note: We do not store your full payment card information. All payment processing is handled securely by Stripe, our PCI-DSS compliant payment processor.

6.3 Billing Cycle:

  • Monthly subscriptions are billed every 30 days from your subscription start date
  • Annual subscriptions are billed every 12 months from your subscription start date
  • Billing occurs automatically on your renewal date
  • You will receive a receipt via email after each successful charge

6.4 Failed Payments: If a payment fails:

  • We will attempt to process the payment up to 3 times over 7 days
  • You will receive email notifications of failed payment attempts
  • Your account may be suspended if payment is not received within 7 days
  • Suspended accounts lose access to the Service but data is retained for 30 days
  • Accounts with unpaid balances for more than 30 days may be terminated and data deleted
  • You remain responsible for all outstanding fees plus any collection costs

6.5 Taxes:

  • All fees are exclusive of taxes unless otherwise stated
  • You are responsible for all applicable sales, use, GST, VAT, and other taxes
  • We will collect applicable taxes based on your billing address
  • If you are tax-exempt, you must provide valid tax exemption certificates
  • Tax rates may change; you will be notified of changes affecting your billing

6.6 Payment Disputes: If you dispute a charge, you must contact us at billing@stampier.co within 30 days of the charge. We will investigate and respond within 10 business days. Initiating a chargeback without first contacting us may result in immediate account termination.

6.7 No Refunds for Partial Periods: Subscription fees are non-refundable for partial billing periods. If you cancel mid-cycle, you will retain access until the end of your paid period, but no prorated refund will be issued (except as required by law or our 30-day money-back guarantee).

7. Cancellation and Refunds

7.1 Your Right to Cancel: You may cancel your subscription at any time through your account dashboard or by contacting support@stampier.co.

7.2 Cancellation Effective Date:

  • Cancellation takes effect at the end of your current billing period
  • You will retain access to the Service until your paid period expires
  • No further charges will be made after cancellation
  • Cancellation is final; you must resubscribe to regain access

7.3 30-Day Money-Back Guarantee: We offer a 30-day money-back guarantee for first-time subscribers:

  • Request a full refund within 30 days of your first payment
  • Applies only to the initial subscription payment
  • Does not apply to renewal payments or subsequent billing periods
  • Contact billing@stampier.co to request a refund
  • Refunds are processed within 5-10 business days to the original payment method
  • We may request feedback to improve our service

7.4 No Refunds After 30 Days: After the 30-day money-back guarantee period:

  • Subscription fees are non-refundable
  • Cancellation does not entitle you to a prorated refund
  • This applies to monthly, annual, and all other subscription types
  • Exceptions may be made at Stampier's sole discretion or as required by law

7.5 Refunds for Service Issues: If the Service is unavailable for more than 24 consecutive hours due to our fault (excluding scheduled maintenance), you may request a prorated credit for the downtime. We do not provide refunds for:

  • Issues caused by your internet connection or equipment
  • Third-party service failures (hosting providers, payment processors)
  • Force majeure events (see Section 12)
  • Your violation of these Terms

7.6 Data Retention After Cancellation:

  • Upon cancellation, your data is retained for 90 days
  • You may reactivate your account and recover data within the 90-day window
  • After 90 days, all data is permanently deleted (unless required by law)
  • We are not responsible for data loss after the retention period
  • You should export your data before canceling if you wish to retain it

7.7 Termination by Stampier: We reserve the right to terminate your account and subscription at any time for:

  • Violation of these Terms or our policies
  • Non-payment of fees
  • Fraudulent or illegal activity
  • At our sole discretion for any reason

If we terminate your account for cause, no refund will be provided. If we terminate without cause, you may be entitled to a prorated refund at our discretion.

8. Intellectual Property Rights

8.1 Stampier's Ownership: Stampier (Terrene Tech) owns and retains all rights, title, and interest in and to:

  • The Service and Platform (including all software, code, algorithms, and architecture)
  • All Stampier trademarks, service marks, logos, and branding ("Stampier Marks")
  • All documentation, user guides, and help materials
  • All improvements, modifications, and derivative works of the foregoing
  • All intellectual property rights worldwide in the above

8.2 Limited License to You: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during your subscription period.

8.3 Your Content Ownership: You retain all ownership rights in the content, data, logos, images, and materials you upload to the Service ("Your Content"). This includes:

  • Your business name, logo, and branding
  • Loyalty program names, descriptions, and configurations
  • Customer data collected through your use of the Service
  • Images, photos, and other media you upload

8.4 License Grant to Stampier: By uploading Your Content, you grant Stampier a worldwide, non-exclusive, royalty-free, sublicensable license to:

  • Use, store, process, display, and transmit Your Content solely to provide the Service
  • Create backup copies and derivative formats (e.g., image thumbnails)
  • Distribute Your Content to your End Customers as necessary for the Service
  • Use Your Content for troubleshooting, support, and service improvement

This license terminates when you delete Your Content or cancel your account, except for backup copies retained as permitted by law.

8.5 Your Content Warranties: You represent and warrant that:

  • You own or have the necessary rights to upload and use Your Content
  • Your Content does not infringe any third-party intellectual property rights
  • Your Content does not violate any laws or regulations
  • You have obtained all necessary consents for Your Content

8.6 Prohibited Use of Stampier Marks: You may not:

  • Use Stampier Marks without our prior written permission
  • Register domain names, social media handles, or trademarks containing "Stampier"
  • Imply endorsement, partnership, or affiliation without authorization
  • Modify, alter, or create derivative works of Stampier Marks

8.7 "Powered by Stampier" Attribution: The Service may display "Powered by Stampier" branding on customer-facing interfaces. You agree not to remove or obscure this attribution unless you have a premium plan that includes white-labeling.

8.8 DMCA and Copyright Complaints: If you believe Your Content has been copied in a way that constitutes copyright infringement, or if you believe content on our Service infringes your rights, please contact our copyright agent at legal@stampier.co with:

  • Identification of the copyrighted work
  • Identification of the infringing material and its location
  • Your contact information
  • A statement of good faith belief
  • A statement under penalty of perjury that the information is accurate
  • Your physical or electronic signature

🇮🇳 PART B1: India-Specific Provisions

Primary Jurisdiction - Indian Law Applies

B1.1 Governing Law: These Terms are governed by and construed in accordance with the laws of India, including:

  • Indian Contract Act, 1872
  • Information Technology Act, 2000 and IT Rules
  • Consumer Protection Act, 2019 (where applicable)
  • Digital Personal Data Protection Act, 2023 (DPDPA)
  • Goods and Services Tax Act, 2017

B1.2 Jurisdiction: The courts of Sambhal, Uttar Pradesh, India shall have exclusive jurisdiction over any disputes arising from these Terms, without regard to conflict of law principles.

B1.3 GST and Indian Taxation:

  • All prices for Indian customers include applicable Goods and Services Tax (GST) at the prevailing rate
  • Our GST Number: 09AYTPV7980M1ZW
  • GST invoices will be provided for all transactions
  • If you are GST-registered, please provide your GSTIN for proper invoicing

B1.4 Indian Data Protection (DPDPA 2023): We are a "Data Fiduciary" under the Digital Personal Data Protection Act, 2023. Your use of the Service is subject to our Privacy Notice, which explains how we handle personal data in compliance with DPDPA.

B1.5 Consumer Protection Rights: If you are a "consumer" under the Consumer Protection Act, 2019, nothing in these Terms excludes or limits your statutory rights. You may file complaints with:

B1.6 Payment Methods for India: Indian customers may pay via:

  • Credit/Debit cards issued by Indian banks
  • UPI (Unified Payments Interface) via Stripe
  • Net Banking
  • Digital wallets supported by Stripe

B1.7 Language: The English language version of these Terms shall prevail in case of any conflict with translations.

🇪🇺 🇬🇧 PART B2: EU & UK-Specific Provisions

GDPR, UK GDPR, Consumer Rights Directive

B2.1 Data Protection: We comply with the General Data Protection Regulation (GDPR) and UK GDPR. Please see our Privacy Notice for details on how we process your personal data as a data controller.

EU Data Residency: All personal data is stored and processed in Helsinki, Finland (European Union), ensuring full GDPR compliance and adequate protection for EU/EEA data subjects.

B2.2 Your Role as Data Controller: When you collect personal data from End Customers, you are the data controller and we are the data processor. You must:

  • Have a lawful basis for processing customer personal data
  • Provide customers with a privacy notice
  • Obtain necessary consents
  • Honor customer data subject rights (access, deletion, portability, etc.)
  • Report data breaches to supervisory authorities within 72 hours
  • Comply with GDPR/UK GDPR requirements

B2.3 Data Processing Agreement: By using the Service to process customer personal data, you agree to our Data Processing Agreement (DPA), which forms part of these Terms. The DPA includes:

  • Standard Contractual Clauses (SCCs) for data transfers outside the EU/UK
  • Security measures we implement
  • Sub-processor list and authorization
  • Data breach notification procedures

The full DPA is available at stampier.co/dpa

B2.4 14-Day Cooling-Off Period (Consumer Contracts): If you are a consumer (not a business) in the EU/UK, you have the right to cancel your subscription within 14 days of purchase without giving any reason, subject to:

  • Full refund of payments made
  • If you have used the Service during the cooling-off period, you may be charged for the value of services provided
  • Notify us in writing at cancellations@stampier.co

B2.5 VAT: Prices exclude VAT. VAT will be added based on your location and business status:

  • UK VAT: 20% for UK customers (unless reverse charge applies)
  • EU VAT: Applicable rate for your EU country (unless reverse charge applies)
  • Businesses: Provide your VAT number for reverse charge mechanism

B2.6 Unfair Contract Terms: Nothing in these Terms shall exclude or limit our liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Any matter for which it would be illegal to exclude or limit liability

B2.7 Representative in the EU/UK: With our primary data storage in Helsinki, Finland (EU), we maintain EU data residency compliance. As our company is registered in India, we are appointing GDPR Article 27 representatives (target: Q3 2025). Until then, EU/UK businesses may contact our Data Protection Officer at dpo@stampier.co. See our Privacy Notice for updates.

🇺🇸 PART B3: United States-Specific Provisions

Federal Law, California CCPA/CPRA, State Privacy Laws

B3.1 Arbitration Agreement and Class Action Waiver:

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and Stampier agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration rather than in court, except as set forth below.

B3.1.1 Arbitration Rules:

  • Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
  • The arbitration shall be conducted in English
  • The arbitrator's decision is final and binding
  • Judgment on the award may be entered in any court of competent jurisdiction

B3.1.2 Exceptions to Arbitration: You may bring claims in small claims court if they qualify. Either party may seek injunctive relief in court for intellectual property infringement.

B3.1.3 Class Action Waiver: You and Stampier agree that disputes will be resolved on an individual basis. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

B3.1.4 Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@stampier.co within 30 days of first accepting these Terms.

B3.2 California-Specific Rights (CCPA/CPRA): If you are a California resident, you have specific privacy rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). See our Privacy Notice for details on:

  • Categories of personal information we collect
  • Your right to know, delete, and correct personal information
  • Your right to opt-out of "sales" or "sharing" of personal information
  • Your right to limit use of sensitive personal information
  • Non-discrimination for exercising your rights

B3.3 Other State Privacy Laws: We comply with privacy laws in:

  • Virginia (Consumer Data Protection Act)
  • Colorado (Privacy Act)
  • Connecticut (Data Privacy Act)
  • Utah (Consumer Privacy Act)
  • Other states as laws are enacted

See our Privacy Notice for state-specific rights.

B3.4 Sales Tax: Prices exclude sales tax. We collect applicable state and local sales taxes based on your billing address.

B3.5 Electronic Signatures: By accepting these Terms electronically, you agree that your electronic acceptance constitutes your signature and consent under the Electronic Signatures in Global and National Commerce Act (ESIGN Act).

🇨🇦 PART B4: Canada-Specific Provisions

PIPEDA, Provincial Consumer Protection Laws

B4.1 Privacy Compliance: We comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws. See our Privacy Notice for details.

B4.2 Your Privacy Obligations: When collecting personal information from End Customers in Canada, you must comply with PIPEDA and provincial laws, including:

  • Obtain meaningful consent for collection, use, and disclosure
  • Limit collection to what is necessary
  • Provide access to personal information upon request
  • Protect personal information with appropriate safeguards

B4.3 Quebec-Specific Rights (Law 25): If you operate in Quebec, you must also comply with Quebec's Law 25 (modernized Act respecting the protection of personal information in the private sector).

B4.4 Consumer Protection: Nothing in these Terms excludes or limits your rights under provincial consumer protection legislation.

B4.5 Currency and Taxes:

  • Prices may be quoted in CAD or USD
  • GST/HST and provincial sales taxes apply based on your province
  • Provide your business number for GST/HST exemption if applicable

B4.6 Dispute Resolution: While Section B3.1 (Arbitration) may apply, Canadian law may provide you with additional dispute resolution options, including access to provincial courts and consumer protection tribunals.

🇦🇺 🇳🇿 PART B5: Australia & New Zealand Provisions

Australian Consumer Law, NZ Fair Trading Act, Privacy Acts

B5.1 Australian Consumer Law (ACL): If you are an Australian consumer or small business, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

B5.2 Consumer Guarantees: Under the ACL, you are entitled to:

  • Services provided with due care and skill
  • Services fit for the purpose disclosed
  • Services delivered within a reasonable time

B5.3 Limitation of Liability (Australia): To the extent permitted by law, our liability for breach of a non-excludable consumer guarantee is limited to (at our option):

  • Re-supplying the services; or
  • Paying the cost of having the services supplied again

B5.4 New Zealand Fair Trading Act: If you are in New Zealand, you have rights under the Fair Trading Act 1986 and Consumer Guarantees Act 1993. Nothing in these Terms limits those rights.

B5.5 Privacy Compliance:

  • Australia: We comply with the Privacy Act 1988 and Australian Privacy Principles (APPs)
  • New Zealand: We comply with the Privacy Act 2020 and Information Privacy Principles (IPPs)

See our Privacy Notice for details.

B5.6 GST:

  • Australia: Prices include GST (10%) for Australian customers
  • New Zealand: Prices include GST (15%) for NZ customers

B5.7 Complaints: Australian customers may lodge complaints with the Office of the Australian Information Commissioner (OAIC). New Zealand customers may contact the Office of the Privacy Commissioner.

PART C: Liability, Warranties, and Legal Protection

9. Disclaimer of Warranties

Important: Read Carefully

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

9.1 "AS IS" and "AS AVAILABLE": The Service is provided on an "AS IS" and "AS AVAILABLE" basis, with all faults and defects, without warranties of any kind, either express or implied.

9.2 No Warranties: Stampier expressly disclaims all warranties, including but not limited to:

  • Implied warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Quiet enjoyment
  • Accuracy or completeness of content
  • Uninterrupted, timely, secure, or error-free operation
  • Freedom from viruses or harmful components

9.3 No Guarantee of Results: We do not warrant or guarantee that:

  • The Service will meet your requirements or expectations
  • Your use will result in increased customer loyalty or business success
  • Your End Customers will adopt or use the loyalty programs
  • The Service will be compatible with all devices or software
  • Defects or errors will be corrected
  • The Service will be available at all times

9.4 Third-Party Services: We are not responsible for:

  • Stripe payment processing failures or issues
  • Hosting provider downtime or data loss
  • Email delivery failures
  • Future integrations (Square POS, etc.) - functionality not guaranteed until released
  • Internet connectivity or network issues

9.5 QR Code Technology: While we provide QR code generation and scanning functionality:

  • We do not guarantee that all devices or QR readers will successfully scan our codes
  • Camera quality, lighting, and user error may affect scanning
  • We are not liable for failed scans or technical issues with QR codes

10. Limitation of Liability

Critical Legal Provision

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STAMPIER, TERRENE TECH, SANCHIT VARSHNEY, OR ANY AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

10.1 Excluded Damages: We are NOT liable for any:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, business, or anticipated savings
  • Loss of data or information
  • Loss of business opportunity or goodwill
  • Cost of substitute services
  • Damage to reputation
  • Failure to realize expected benefits
  • Claims by your End Customers or third parties

10.2 Maximum Liability Cap: Our total aggregate liability for all claims arising from or related to these Terms or the Service shall NOT exceed the greater of:

  • The amount you paid to Stampier in the 12 months preceding the claim; OR
  • US $100 (or equivalent in your currency)

10.3 Security Breaches and Data Loss:

  • We implement reasonable security measures but do not guarantee absolute security
  • We are not liable for unauthorized access, hacking, or data breaches beyond our control
  • We will notify you of material breaches as required by law
  • You are responsible for maintaining backups of Your Content
  • We are not liable for data loss, corruption, or deletion

10.4 Business-Customer Relationship: You acknowledge and agree that:

  • Stampier is NOT a party to the relationship between you and your End Customers
  • We are NOT liable for disputes between you and your customers
  • We are NOT liable for rewards, refunds, or compensation you promise to customers
  • You are solely responsible for honoring loyalty program terms and rewards
  • We are NOT liable for customer complaints, chargebacks, or legal claims against you

10.5 Fraud Prevention: While we provide tools to prevent fraud (QR tokens, authentication, etc.):

  • We do not guarantee prevention of all fraudulent activities
  • You are responsible for monitoring your programs for suspicious activity
  • We are not liable for fake stamps, counterfeit QR codes, or abuse of your programs
  • You should implement your own anti-fraud measures

10.6 Service Availability:

  • We do not guarantee 100% uptime or availability
  • Scheduled maintenance may cause temporary unavailability
  • We are not liable for downtime, outages, or service interruptions
  • No service level agreement (SLA) is provided unless separately agreed in writing

Jurisdictional Note: Some jurisdictions do not allow certain exclusions or limitations of liability. In such cases, our liability is limited to the maximum extent permitted by applicable law.

11. Indemnification

11.1 Your Indemnity Obligations: You agree to indemnify, defend, and hold harmless Stampier, Terrene Tech, Sanchit Varshney, and all affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, "Indemnified Parties") from and against any and all:

  • Claims, demands, actions, and lawsuits
  • Losses, liabilities, damages, and costs
  • Expenses (including reasonable attorneys' fees and court costs)

Arising from or related to:

You Must Indemnify Us For:

  • Your use or misuse of the Service
  • Your violation of these Terms or any applicable laws
  • Your Content (including infringement of intellectual property rights)
  • Your relationship with End Customers (disputes, complaints, claims)
  • Loyalty programs you create (false advertising, unfulfilled rewards, etc.)
  • Your violation of data protection laws (GDPR, CCPA, PIPEDA, etc.)
  • Unauthorized access to your account due to your negligence
  • Fraudulent activities conducted through your account
  • Your violation of third-party rights
  • Claims by your employees, contractors, or partners

11.2 Defense of Claims: We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with our defense and may not settle any claim without our prior written consent.

11.3 No Indemnity for Our Negligence: This indemnity does not apply to claims arising solely from our gross negligence, willful misconduct, or fraud.

12. Force Majeure

12.1 Excused Performance: Stampier shall not be liable for any failure or delay in performing obligations under these Terms due to events beyond our reasonable control, including but not limited to:

  • Acts of God (earthquakes, floods, fires, natural disasters)
  • War, terrorism, riots, civil unrest
  • Government actions, laws, regulations, or orders
  • Epidemics, pandemics, public health emergencies
  • Labor disputes, strikes, lockouts
  • Power outages, telecommunications failures
  • Internet service provider failures
  • Cyberattacks, hacking, distributed denial-of-service (DDoS) attacks
  • Failures of third-party services (hosting, payment processors, etc.)
  • Any other cause beyond our reasonable control

12.2 Notification: We will use reasonable efforts to notify you of force majeure events and their expected impact.

12.3 No Refunds for Force Majeure: You acknowledge that force majeure events do not entitle you to refunds, credits, or damages.

PART D: General Provisions

13. Data Privacy and Security

13.1 Privacy Notice: Your use of the Service is governed by our Privacy Notice, which is incorporated by reference into these Terms. By using the Service, you consent to the data practices described in the Privacy Notice.

13.2 Your Data Responsibilities: As a Business collecting End Customer data, you are responsible for:

  • Complying with all applicable data protection laws
  • Providing customers with a privacy notice
  • Obtaining necessary consents
  • Honoring customer rights (access, deletion, portability)
  • Implementing appropriate security measures
  • Reporting data breaches to authorities as required by law

13.3 Security Measures: We implement industry-standard security measures including:

  • Encryption of data in transit (TLS/SSL)
  • Encryption of data at rest
  • Access controls and authentication
  • Regular security audits and monitoring
  • Secure coding practices

However, no method of transmission or storage is 100% secure. You provide data at your own risk.

13.4 Data Breach Notification: If we become aware of a data breach affecting your data, we will notify you within the timeframes required by applicable law.

13.5 Data Retention:

  • We retain your data for as long as your account is active
  • After account cancellation, data is retained for 90 days
  • After 90 days, data is permanently deleted (unless required by law)
  • Backup copies may persist for additional time in our backup systems

13.6 Data Exports: You may export Your Content at any time through the Service dashboard or by requesting a data export at data@stampier.co.

14. Modifications to These Terms

14.1 Right to Modify: We reserve the right to modify these Terms at any time for any reason, including:

  • Changes to the Service or features
  • Legal or regulatory compliance
  • Security or operational improvements
  • Business considerations

14.2 Notification of Changes: Material changes will be communicated via:

  • Email notification to your registered email address
  • Prominent notice on the Service dashboard
  • Update to the "Last Updated" date at the top of this page

We will provide at least 30 days' notice for material changes, unless immediate changes are required for legal, security, or operational reasons.

14.3 Acceptance of Changes:

  • Continued use of the Service after the effective date constitutes acceptance of the modified Terms
  • If you do not agree to the modified Terms, you must cancel your account before the effective date
  • No refund will be provided for cancellations due to Terms modifications (except as required by law)

14.4 Version History: Previous versions of these Terms may be requested by contacting legal@stampier.co.

15. Dispute Resolution and Governing Law

15.1 Informal Resolution First: Before initiating any formal dispute resolution process, you agree to contact us at legal@stampier.co and attempt to resolve the dispute informally for at least 30 days.

15.2 Primary Governing Law: These Terms are governed by the laws of India (see Section B1 above).

15.3 Jurisdiction-Specific Dispute Resolution: Disputes will be resolved according to the jurisdiction-specific provisions in Part B:

  • India: Courts of Sambhal, Uttar Pradesh (Section B1.2)
  • United States: Binding arbitration via AAA (Section B3.1)
  • EU/UK: As per applicable consumer protection laws and court jurisdiction
  • Canada: Provincial courts or arbitration as applicable
  • Australia/NZ: As per consumer protection laws

15.4 Mediation: If informal resolution fails, either party may propose mediation before pursuing litigation or arbitration. Mediation costs will be shared equally.

15.5 Legal Fees: In any dispute resolution proceeding, the prevailing party may be entitled to recover reasonable attorneys' fees and costs, as permitted by law.

16. Miscellaneous Provisions

16.1 Entire Agreement: These Terms, together with our Privacy Notice and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Stampier regarding the Service and supersede all prior agreements, understandings, and communications.

16.2 Severability: If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction:

  • That provision shall be modified to the minimum extent necessary to make it valid and enforceable
  • If modification is not possible, the provision shall be severed
  • The remaining provisions shall remain in full force and effect

16.3 Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

16.4 Assignment:

  • You may NOT assign or transfer these Terms or your account without our prior written consent
  • We may assign these Terms to any affiliate, successor, or purchaser of our business without your consent
  • Any attempted assignment in violation of this section is void

16.5 No Third-Party Beneficiaries: These Terms are for the benefit of you and Stampier only. No third party has any right to enforce these Terms.

16.6 Relationship of Parties: You and Stampier are independent contractors. These Terms do not create a partnership, joint venture, employment, agency, or franchise relationship.

16.7 Notices: All legal notices must be sent to:

Email: legal@stampier.co

Postal Address:

Terrene Tech (Stampier)
Attn: Legal Department
Behjoi Road, Hayatnagar
Sambhal, Uttar Pradesh 244302
India

We will send notices to your registered email address. You are responsible for keeping your email address current.

16.8 Language: These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

16.9 Headings: Section headings are for convenience only and do not affect interpretation.

16.10 Survival: Provisions that by their nature should survive termination shall survive, including: ownership, warranties, indemnification, limitations of liability, dispute resolution, and general provisions.

16.11 Export Compliance: You agree to comply with all export and import laws and regulations. You represent that you are not located in, or a national of, any country subject to trade embargoes or sanctions.

16.12 Government Use: If you are a U.S. government entity or contractor, the Service is "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in FAR 12.212 and DFARS 227.7202. Use is subject to these Terms.

Contact Information

For questions, concerns, or feedback regarding these Terms and Conditions, please contact our legal team:

Terrene Tech (Stampier)

Legal Department

Behjoi Road, Hayatnagar

Sambhal, Uttar Pradesh 244302

India

Legal Inquiries: legal@stampier.co

General Support: support@stampier.co

Billing Questions: billing@stampier.co

Privacy/Data: privacy@stampier.co

GST Number: 09AYTPV7980M1ZW

Proprietor: Sanchit Varshney

We aim to respond to all legal inquiries within 5 business days. For urgent matters, please mark your subject line as "URGENT".

Acknowledgment of Terms

By creating an account and using Stampier, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Notice. You confirm that:

  • You meet the age and capacity requirements for your jurisdiction
  • You have the authority to bind your business to these Terms
  • You will comply with all applicable laws and regulations
  • You understand the limitations of liability and disclaimers
  • You accept the risks associated with using the Service

If you do not agree to these Terms, you must not use the Service.

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