Legal Disclaimer

The User is requested to carefully read the disclaimer contained herein below ("Legal Disclaimer") before accessing this Application/website and any pages hereof. If the User does not agree to any of the terms mentioned herein, the User should exit the Application/website immediately. Kohler India Corporation Private Limited (“Kohler” or “Company”) reserves the right to change the Legal Disclaimer including the User Agreement and the Privacy Policy, which Users are responsible for regularly reviewing and the User's use of this Application/website will constitute their free and unconditional consent to all such changes.

The access and/or use by the User of the Application/Website shall be deemed to be UNAUTHORIZED if the terms and conditions of the Legal Disclaimer contained herein, in part or in full including this paragraph, are not recognized and/or not capable of being enforced in the country and/or jurisdiction from where the User has voluntarily or otherwise accessed and/or used the Application/website in any manner. Kohler has taken due care and caution in the compilation of the data and the contents for the Application/website.

By accessing the Application/website, the User has read, understood, and agreed to be legally bound by the terms of this Disclaimer, User Agreement, and the Privacy Policy. Your browsing of the Application/website is at your risk. Neither Kohler nor any other party involved in creating, producing, or delivering the Application/website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Application/website. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Users are responsible for their own connectivity: Users agree that they are responsible for the means used to access the Application/website and understand that their hardware, software, the Internet, Internet Service Provider, and other third parties involved in connecting the User to the Company’s Application/website may not perform as intended or desired.

Kohler retains exclusive control over the content stated herein and reserves the right, at any time and in its sole discretion, without prior notice to User(s), to (a) change, improve or correct the information, materials and descriptions on this Application/website; (b) change, suspend or discontinue all or a portion of the Content; (c) impose limits on, restrict or terminate User access to all or a portion of the Content on the Company’s Application/website.

The contents of this Application/website, including the text, images, audio, and video shall not be distributed, modified, transmitted, reused, reported, or used for public or commercial purposes without the prior written permission of Kohler. Kohler is not responsible for the content of any website that links to or from this Application/website. By providing access to other Application(s)/website(s), Kohler is neither recommending nor endorsing the content available in the linked websites. User linking to any off-site pages or other sites is at their own risk. Please contact Kohler for permission before linking to this Site.

Privacy Policy General – KOHLER

NOTICE: In this policy, "User" refers to persons visiting/accessing the Application/Website of Kohler India Corporation Private Limited (hereinafter referred to as "Kohler" or "Company"). In order to ensure uninterrupted use of services, we collect, process, store, transfer, and disclose information about Users (You) in accordance with the IT Act, 2000 (21 of 2000) and other national and state laws that relate to the processing of personal data. We hereby provide this notice explaining our information practices and the choices you can make about the way your information is collected and processed. Please read the following carefully to understand our policy and practices regarding personal data.

• We collect your personal information in order to provide and continually improve our product and services.
• Our privacy policy is subject to change at any time without notice. Please review this policy periodically to ensure you are aware of any changes.
• All partner firms and any third party working with or for us and who have access to personal information will be expected to read and comply with this policy.

Kohler will not share or provide access to any sensitive personal information without ensuring compliance with the IT Act, 2000 and its applicable rules.

GENERAL

We are committed to respecting your online privacy data. We further recognize your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us. Information that is considered personal about you includes, but is not limited to, your name, address, email address or other contact information, your bank account/Credit/Debit Card details, your financial information, investment experience, investment objectives, your financial situation, KYC norms, etc. This privacy policy applies to data we collect from users who browse, access or view the site, for informational purposes or otherwise.

SECTION 1 – HOW DO WE COLLECT THE INFORMATION

We may collect information from you directly and through this Application. The data we collect depends on the context of your interaction with our Application. Information may also be collected through business interaction with you or your employees, or from other sources such as public databases, government websites, joint marketing partners, social media platforms, or other third parties.

SECTION 2 – WHAT DO WE DO WITH YOUR INFORMATION?

We primarily use your personal information to:

• Improve our services, site, application and how we operate our businesses;
• Understand and enhance your experience using our site, application, products and services;
• Personalize our products or services and make recommendations;
• Provide and deliver the products and services you request;
• Process, manage, complete, and account for transactions;
• Provide customer support and respond to your requests, comments, and inquiries;
• Communicate with you about promotions, upcoming events, and news about products and services;
• Investigate and deter against fraudulent, unauthorized or illegal activity.

SECTION 3 - CONSENT

When you provide us with personal information to complete a request, schedule some activity, or verify your mobile number, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent or provide you with an opportunity to say no.

SECTION 4 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 5 - THIRD-PARTY SERVICES

The third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us. Please review their privacy policies to understand how they handle your personal information.

SECTION 6 – DATA SECURITY

We take reasonable steps to protect your personal information to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, it is your responsibility to protect your usernames and passwords.

SECTION 7 – DATA TRANSFER

We share your data with your consent or to complete any transaction or provide any product or service you have requested or authorized. We also share data with our affiliates, subsidiaries, and vendors working on our behalf.

SECTION 8 – COOKIES

We use cookies to optimize our web presence. These cookies help improve your access to our site and learn more about your interests.

SECTION 9 - AGE OF CONSENT

By using this site, you represent that you are 18 or above years of age and fully capable of entering into a contract.

SECTION 10 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time. Changes will take effect immediately upon their posting on the website.

QUESTIONS AND CONTACT INFORMATION

If you would like to access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information, please contact us at: [email protected]

Terms & Conditions

Updated _31st January_2025

Effective 1st February 2025, the Dealer Loyalty program for Kohler India Corporation Private Limited (“Kohler” or “Company”) is hereinafter referred to as the “Loyalty Program” or “Kohler Elite Konnect”.

The Loyalty Program operates under the terms and conditions as set out below unless otherwise expressly stated (the “Program Rules”). The Program Rules govern the Company’s relationship with Members of the Loyalty Program (collectively, “Loyalty Program Members,” and individually, a “Loyalty Program Member,” “Member,” or “you”), including how Members manage their accounts, sales, achieve status, earn and redeem Loyalty Program points (“Points”).

By opening a Loyalty Program Membership account (“Account” or “Membership Account”), or by using the Membership Account number you were assigned (“Membership Number”) to receive and redeem benefits of the Loyalty Program, including, without limitation, Loyalty Program Points, you agree that:

• you have read and accept these Program Rules, and you have read and accept the Website Terms & Conditions which are incorporated by reference herein; and
• you consent to the collection, use, and disclosure of your personal data by the Company, the Loyalty Program and Partner Programs, and their authorized third-party agents and licensees in accordance with the Company’s Privacy Policy.

All Loyalty Program benefits, amenities, offers, awards and services are subject to availability and may be changed by the Company at any time without notice. Except as otherwise expressly prohibited or limited by applicable laws, the Company may at any time amend, modify or supplement these Program Rules, the structure for earning and redeeming Awards (as defined below), with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Awards (collectively “Program Rule Changes”). The Company may terminate the Loyalty Program, in whole or in part, with 30 days advance notice to all active Loyalty Members and with less than 30 days’ notice in any jurisdiction if required to do so by applicable law. At the Company’s sole discretion, the Company may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Loyalty Members. If the Loyalty Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Award claims will be honoured after the conclusion of the notice period. The Loyalty Program terms form part and parcel of the Website Terms and Conditions.

1. ELIGIBILITY & MEMBERSHIP

• 1.1. Membership in the Loyalty Program is free and available to any entity (whether incorporated or not who: (a) possesses the legal authority to agree to the Program Rules and is either the registered Exclusive Dealer or registered Non-Exclusive Dealer of Kohler Brand Products and is willing to participate in the Program; (b) resides in a jurisdiction which legally permits participation in the Loyalty Program; (c) is not a resident or citizen of countries sanctioned by the USA under CAATSA or is not lying under the SDN List issued by OFAC, Department of Treasury, USA; (d) provides valid and accurate personal information when enrolling in the Loyalty Program; (d) is not already a Member of the Loyalty Program (i.e., does not already have a Membership Account); and (e) has not previously been terminated from the Loyalty Program by the Company.
• 1.2. Members are responsible for reading and understanding the Loyalty Program Rules, Account statements, and other communications from the Company about the Loyalty Program in order to understand his/her rights, responsibilities, and status in the Loyalty Program. If a Member has any questions about the Loyalty Program or these Program Rules, the Member should contact Member Support at 08044623955 or [email protected].
• 1.3. Members are responsible for reading the Company’s Privacy Policy in order to understand how the Company collects, uses, and discloses a Member’s data. If a Member has any questions about the Company’s Privacy Statement or its collection, use, or disclosure of a Member’s data, the Member should contact Member Support at 08044623955 or [email protected].
• 1.4. Member status and benefits of the Member Loyalty Program are offered at the sole discretion of the Company.
• 1.5. Information provided by a Member will be maintained in a personal preference profile with the Membership Account. All information provided by a Member in his/her personal profile must be valid and accurate and must be kept current. A Member may change his/her address by changing his/her information on the Account Profile on the Loyalty Program website or contact Member Support at 08044623955 or [email protected]. In certain instances, address changes may require supporting legal documentation.
• 1.6. Name changes to a Membership Account must include supporting legal documentation, signature, date and Membership Number. For more information, please contact our Member Support at 08044623955 or [email protected].
• 1.7. Upon successful enrolment into the program, Member shall be deemed to have consented to all the terms and conditions mentioned herein.

2. REWARD POINTS & BENEFITS

• 2.1. Members may earn Points which shall be the currency of the Loyalty Program, as per company’s policy.
  • i. Members can contact Member Support at 08044623955 or [email protected] for any clarification on point structure and other related details.
  • ii. The above program is independent of sale of Kohler products to its members in the normal course of business, or any other program run by Kohler for its Members.
• 2.2. Qualifying Activity: The Qualifying Activity shall be Qualifying Sales, Qualifying Lead Generation and Qualifying Lead Conversion. The decision of the Company shall be final and binding on the Members.
• 2.3. Members should contact Member Support at 08044623955 or [email protected] in case of any discrepancy they observe in the points credited under each category.
• 2.4. Subject to the final approval by the Company, a Member may earn the following benefits against the redemption of reward points earned by the Members under various categories:
  • a. Travel & Experiences
  • b. Home & Lifestyle
  • c. Health & Wellness
  • d. Smart Innovations
  • e. Gift Cards
  • f. Sustainable Rewards
  • g. Automotive & Business Essentials
• 2.5. Rewards/benefits based on the points earned by the Member shall be offered on a quarterly basis. Points earned during each quarter will be eligible for utilisation against the benefits for the next quarter.
• 2.6. Minimum points requirements for the matching rewards/benefits shall be communicated to the Members from time to time.
• 2.7. Members are prohibited from bartering or selling Points for cash or other consideration, whether directly or indirectly.
• 2.8. The earning, accumulation and redemption of Points is subject to the Program Rules. Each Loyalty Program Member is responsible for reading the Program Rules, newsletters, and Account statements in order to understand their rights, responsibilities, and status in the Loyalty Program, as well as the structure for earning Awards.
• 2.9. Accumulation, utilisation, carry forward, and lapse of Loyalty points shall be communicated to the dealers separately via Dealers’ communication, which shall along with this policy, form part of the Loyalty Program.
• 2.10. Selection of rewards and benefits is and will be at the sole discretion of the Company. The Terms and Conditions are liable to change without notice.
• 2.11. The Company holds out no warranty and makes no representation (whether expressed or implied) about the goods and/or services manufactured/supplied by third parties that are offered as benefits to Members of the program, particularly with regard to their quality, suitability, durability or safety. The Company shall not be liable if the said goods/services are defective/deficient in any manner. In respect of vouchers that are part of rewards under the program, the Company shall not be liable for any hidden charges levied by the brands, if any, and concerns or issues in respect of the validity of the said vouchers.
• 2.12. The Company will not accept responsibility for any delays in the delivery of benefits.
• 2.13. The Company will not be responsible for benefits that are stolen, damaged or lost in transit before delivery to the Member.
• 2.14. The Company cannot give any assurance on the availability of eGVs exactly as mentioned in the catalogue shared with the Members from time to time. However, in any such case where there is a price change, or the product is not available, the Member will be offered an equivalent reward option as feasible and available for the time being..
• 2.15. All benefits offered by the Company are on a best-effort basis. In case a Member is not offered a particular benefit, or if the Company does not make a particular benefit available, the Company will not be liable to compensate the Member in any manner, whatsoever.
• 2.16. It is to be clarified that verification of sale is a long process that may take a few weeks to complete. It is clearly understood by the Member that the Sales Submission alone will not be considered for eligibility for this benefit and only verified sales and credited points will be considered for the benefit.
• 2.17. Points and Awards earned through participating in the Loyalty Program may be subject to tax liability. Any tax liability, including but not limited to Tax deduction liability as per the provisions of the Income Tax Act, including disclosure such as permanent account number (PAN) details etc, connected with the receipt or use of Points or Awards is the sole responsibility of the Member and the Company shall not be liable to discharge such liability under any circumstances.
• 2.18. A Member may redeem his/her Points toward charitable donations. Once Points are donated, the exchange cannot be reversed or undone. Such donation of Points will not considered a charitable donation by the Income Tax Department (ITD) of India and, therefore, is not eligible for an exemption under the Income Tax Act and Rules(as may be applicable). Points redeemed in connection with charitable donations are subject to the Program Rules along with any applicable terms and conditions of the partner processing the donations.
• 2.19. Points Expiration Policy: Members must remain active in the Loyalty Program to retain the Points they accumulate. If a Member Account is inactive for Three (3) consecutive months, that Member Account will forfeit all accumulated Points. Members can remain active in the Loyalty Program and retain accumulated Points by earning Points or redeeming Points in the Loyalty Program at least once every three (3) months, except in case of force majeure situations. If a Member does not maintain an active status for three (3) months, the Member’s Account may be deactivated. Once Points are forfeited, the Points cannot be reinstated, but a Member can earn new Points unless that Member’s Account has been deactivated.

3. CANCELLING OR SUSPENDING MEMBERSHIP ACCOUNTS

• 3.1. Cancelling by Member: A Member may cancel his/her Membership in the Loyalty Program at any time by sending written notice of cancellation to Member Support at 08044623955 or [email protected]. All unredeemed Points and rewards as well as achieved Member status, will be forfeited immediately and may not be reinstated or transferred.
• 3.2. Cancelling or Suspending by the Company: The Company may cancel a Member’s accumulated Points, suspend Loyalty Program benefits, or cancel a Member’s Account at any time with immediate effect and without written notice, for any reason and in the Company's sole discretion, including, without limitation, if the Company believes the Member has:
  • a. acted in a manner inconsistent with applicable laws, regulations, and ordinances;
  • b. acted in an inappropriate, fraudulent, abusive or hostile manner;
  • c. breached or violated any of these Program Rules;
  • d. fraudulently claimed eligibility to earn benefits;
  • e. engaged in any misconduct or wrongdoing in connection with the Loyalty Program including, without limitation, with respect to Points, rewards usage, or any other Loyalty Program Member benefits.
• 3.3. Bankruptcy. Subject to applicable law, a Member’s Membership in the Loyalty Program will terminate automatically upon the Member filing for bankruptcy or otherwise being subject to a bankruptcy proceeding.
• 3.4. Legal Action. Nothing contained in these Program Rules will limit the Company in the exercise of any legal or equitable rights or remedies.
• 3.5. Effect of Membership Cancellation
  • a. The Loyalty Program, Points, rewards, and other related benefits and services are the sole property of the Company and are not the property of Members. On cancellation of Membership in the Loyalty Program for any reason, all unredeemed Points, rewards and other related benefits and services will be forfeited and a Member will no longer be able to participate in the Loyalty Program. Points, Awards and other related benefits and services have no cash value and the Company will not compensate or pay cash for any forfeited or unused Points.
  • b. If the Company cancels a Member’s Account for any reason, the Member may not reapply for Membership in the Loyalty Program except in very limited circumstances at the Company’s sole discretion, and any unauthorized Account opened in the Member’s name following cancellation, as well as Points, Awards and other related benefits and services earned in that Account will be forfeited upon discovery.
  • c. If a Member cancels his/her Account, or if a Member Account becomes inactive as described in the Program rules, the Member may reapply for Membership in the Loyalty Program at a later date, but no Points, Awards and other related benefits and services previously forfeited or expired will be reinstated to the Member Account.

4. CONDITIONS FOR TRANSFERRING POINTS.

• 4.1. There are limited exceptions to the restriction on the transfer of a Member’s Points to his/her surviving members:
• 4.2. Death: In the event of a Member’s death, the Company may, in its sole discretion, allow unredeemed Points from the deceased Member’s Account to be transferred to a family Member of the Dealer upon the Company’s receipt and review of all requested documentation and communications.
• 4.3. Divorce: In the event of a Member’s adjudicated divorce proceedings, the Company allows unredeemed Points to be transferred from one Member’s Account to another Member’s Account as ordered by a court. To request such a transfer, at least one party to the divorce proceedings must provide to the Company (1) both party’s Member numbers, (2) bona fide copies of a valid divorce decree, divorce order, divorce agreement, other similar court-approved legal document (“Divorce Order”) which expressly states that one Member has been ordered to transfer Points to the other Member, and (3) valid contact information, including an email address and phone number, for each Member. Company reserves the right to request further information or documentation from either or both Members. Upon the Company’s receipt and review of the Divorce Order and other requested information, the Company may elect to transfer Points as ordered by a court in the Divorce Order. Company may refuse to make the transfer should, in the Company’s discretion, there appears to be an indication of fraud or other misrepresentation. Unless the Divorce Order states otherwise, the Company will use the date of the Divorce Order to calculate the number of Points to be transferred.
• 4.4. Any Points that the Loyalty Program deems in its sole discretion to have been transferred in violation of the Loyalty Program Terms and Conditions may be confiscated.

5. MODIFICATION OF LOYALTY PROGRAM.

Except as otherwise expressly prohibited or limited by applicable laws, the Company has the right to change, limit, modify or cancel the Loyalty Program Rules and Rewards, with or without notice, even though such changes may affect the value of Points or the ability to obtain certain Rewards. Partner Programs similarly reserve the right to modify their own programs, which may impact your rights and expected benefits under the Loyalty Program. The Company and Partner Programs may, among other things: (i) increase or decrease the number of Points received for benefits or Reward; (ii) withdraw, limit, modify or cancel any Reward; or otherwise restrict the continued availability of Rewards; (iii) change program benefits, travel partners, locations served by the Company or its travel partners, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, or rules governing the use of Rewards; (iv) change or cancel its travel Rewards. In accumulating Points, Members may not rely upon the continued availability of any Rewards.

6. TERMINATION OF PROGRAM

The Company may terminate the Loyalty Program with thirty (30) days advance notice to all active Loyalty Members. At the Company’s sole discretion, the Company may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice to active Loyalty Members. A Member may not accumulate Points or claim Rewards, Loyalty Program benefits or amenities after the termination of the Loyalty Program. If the Loyalty Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Award claims will be honoured after the conclusion of the notice period. The Company may terminate any of the Loyalty Program in whole or in part, in any jurisdiction on less than thirty (30) days advance notice if required to do so by applicable law.

7. USE OF INFORMATION COLLECTED IN APPLICATION.

The information a Member provides to the Company when completing the Loyalty Program application and/or redeeming Points is processed in accordance with the Company’s Privacy Statement. Communication of relevant information is important to administering the Loyalty Program and providing each Member with the opportunity to maximize the benefits of Membership. The Loyalty Program will only disclose Member information to: the Company, person(s) authorized by the Member; franchisees, fulfilment houses, email service providers and mail houses that process mail for such entities; Authorized Licensees (as defined in the Company’s Privacy Statement); and marketing companies that provide services to the Company. Member information will, in each case, only be disclosed for one or more of the following purposes: 1) in order to better service the Membership Account and the Member’s preferences by keeping the Member informed of Account status and activities through printed or electronic statements; 2) to assess a Member’s entitlement to benefits; 3) to offer a Member additional products and services; 4) to send periodic satisfaction or market research surveys, and/or 5) to offer Member products or services from select reputable companies with whom the Loyalty Program has a strategic relationship because the Loyalty Program believes their offerings will be of interest to the Member. In choosing to become a Loyalty Program Member, the Member consents to receive all the types of information described above, but the Member will be given the opportunity to define and modify mailing and other communication preferences.

8. Membership Communications

• 8.1. New Members will receive Loyalty Program communications.
• 8.2. All Loyalty Program communications will be sent to a Member’s mailing address or email address currently provided in the Member’s Account. Communications delivered to the address on file will be deemed to have been received one (1) business day after sending it if delivered to the Member’s email address or five (5) business days after sending it if delivered to the mailing address provided. Members must keep their email and mailing addresses current. Neither the Company nor the Loyalty Program shall have any responsibility for misdirected or lost mail or any consequences thereof.
• 8.3. Members will receive regular Points balance reports by email, provided there has been a transaction on the Account since the last Points balance report and the Member provided the Company with the appropriate permission to contact the Member via email.
• 8.4. The Company may also send Members promotions, offers and other communications from time to time, which may include, without limitation, items from third parties. The items from third parties are based on the information provided to the Company by a Member and any additional data the Company may maintain. Members may change personal details and communications preferences at any time in the Account Profile on the Loyalty Program website or by contacting Member Support at 08044623955 or [email protected]; however, the Company may require a Member to send supporting documentation prior to allowing certain changes (e.g., legal name changes).
• 8.5. Any time a Member contacts Member Support at 08044623955 or [email protected], the Company may ask the Member certain security questions to verify the Member’s identity. Member Support may monitor or record telephone calls to improve the quality of service.
• 8.6. A Member can review his/her Points balance and transaction history and update personal details and preferences in the Account Profile on the Loyalty Program website. A Membership Number or his/her user name and password are required to access the website.

9. ADDITIONAL TERMS OF PARTICIPATION IN THE LOYALTY PROGRAM

• 9.1. Benefits Subject to Availability and Modification: All Loyalty Program benefits, amenities, offers, Awards and services are subject to availability and may be changed at any time without notice.
• 9.2. Eligibility to Receive Benefits: By accepting any Loyalty Program benefits, amenities, offers, awards or services, including, without limitation, any Points or Rewards, a Member acknowledges that he/she is responsible for determining whether he/she is eligible to receive and that he/she is eligible to receive, such Loyalty Program benefits, amenities, offers, Rewards or services (including, without limitation, Points and Rewards) under applicable laws, gift policies and incentive policies. Each Member must immediately notify the Company if he/she is not eligible to receive any Loyalty Program benefits, amenities, offers, Rewards or services at any time.
• 9.3. Eligibility Notification: A Member must promptly notify the Company in the event that (i) he/she is not eligible for any reason, including, without limitation, pursuant to any applicable laws, gift policies or incentive policies, to earn Points, Rewards, or any other benefits that a Member may earn under the Loyalty Program, or (ii) his/her Member Account has been credited with any Points or any other benefit that a Member may earn under the Loyalty Program that he/she has not earned or is not eligible to earn.
• 9.4. No Sale or Transfer: Except as expressly permitted in the Program Rules, Points, Awards, and other Member benefits may not be sold, bartered or transferred (other than by the Company or its agents). Any attempted transfer, sale or barter will be void and will be confiscated. The Company and its partners may refuse to honour or recognize any Points, Rewards, or Member benefits that the Company believes may have been transferred, sold or bartered.
• 9.5. Monitoring Membership Accounts: The Company reserves the right to monitor the Accounts of all Members, at any time and without notice, for compliance with Program Rules. The Company may review all Members’ Points, balances and transaction history including, without limitation, requests for Loyalty Program Rewards, and other benefits.
• 9.6. Audit: The Company reserves the right to conduct regular audits on participating members to verify eligibility and compliance with the terms of the Program. In case of non-compliance, the Company may decide to remove the Member from the program at their sole discretion, without any entitlement of the Member to any reward or any refund or alternative compensation. Such right of audit includes the right to: -
  • a. Audit information and documents relating to the purchase of qualifying products to ensure compliance with the terms of the program.
  • b. Audit information and documents relating to the Reward, redemption and consumption of any and all tokens or rewards to ensure compliance with the terms of the program.
  • c. Audit information and documents relating to the eligibility of a Dealer to participate in the program.
• 9.7. Do not Disturb: The Member acknowledges that they will receive SMSs / e-mails regarding various updates related to the program from time to time from the Company. The member hereby gives its unconditional consent to the Company to send SMS/e-mails regarding various updates/information related to this program and/or other schemes of the Company.
• 9.8. Tax Liability: The Company shall not be responsible for any tax liability (imposed by any tax authority) arising out of action initiated or not initiated by the Member under this program. Further, Kohler reserves the right to recover withholding tax (Tax Deduction at Source) liability or any other tax liability by whatever name called, to be deposited on benefits, provided to Members as part of this program, in accordance with the provisions of the Income Tax Act or any other Act, as applicable. Additionally, any interest, penal or other liabilities imposed on Kohler due to Members’ default(s) or failure to comply with their obligations shall be recovered from members.
• 9.9. No Warranties or Representations, Express or Implied: The Company makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Loyalty Program.
• 9.10. Not Responsible for Acts, Errors, or Omissions: The Company is not responsible for: (a) any loss or misdirection of, or delay in receiving, any Member application, correspondence, redemption requests, Awards or Member benefits; (b) theft or unauthorized redemption of Points or Awards or use of an Award; (c) any acts or omissions of third parties (including, without limitation Reward Partners); or (d) any errors published in relation to the Loyalty Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Loyalty Program affiliates, and errors in the crediting or debiting of Points from Member Accounts. The Company reserves the right to correct, without notice, any errors.
• 9.11. All interpretations of these Loyalty Program Rules regarding Membership are at the Company’s sole discretion, and the Company’s decisions will be final. In the event of any discrepancy between the English version and any translated version of these Program Rules, the English language version will govern.
• 9.12. Trademarks: The Kohler Co. is the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of Kohler India., its affiliates, and the Participating Group Companies. Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world. Member also confirms that Members shall use this mark only to the extent allowed in the program by the Company and not otherwise. The member shall never, directly or indirectly, interfere with or claim ownership of these trademarks.
• 9.13. Indemnity: Member shall always keep indemnify, defend and hold the Company, its Affiliates, and their respective officers, directors, employees and agents harmless from and against any claims, demands, causes of action, debts or liability, costs and expenses, including, without limitation, attorney's fees, based upon or relating to a third party claim against the Company arising from any action or inaction of Member. Member agrees to indemnify the Company, its Affiliates, and their respective officers, directors, employees and agents for any liability or expense due to claims for personal injury or damage to property arising out of the fault or negligence of the Member.
• 9.14. Waiver: The Company’s waiver of any breach of these Loyalty Program Rules by any Member will not constitute a waiver of any other prior or subsequent breach of these Program Rules. The Company’s failure to insist upon strict compliance with these Loyalty Program Rules by any Member will not be deemed a waiver of any rights or remedies the Company may have against that or any other Member. The Company may waive compliance with these Program Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members.
• 9.15. Limitation of Liability: IN NO EVENT WILL KOHLER CO., ITS SUBSIDIARIES AND AFFILIATES, ITS FRANCHISEES OR LICENSEES, ANY PARTICIPATING PARTNERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE LOYALTY PROGRAM, THESE PROGRAM RULES, OR THE COMPANY’S OPERATION OF THE LOYALTY PROGRAM.
• 9.16. Choice of Law and Venue: Any disputes arising out of or related to the Loyalty Program or these Program Rules will be handled individually without any class action, and will be governed by, construed and enforced in accordance with the laws of the State of Haryana, India, without regard to its conflicts of law rules. The exclusive jurisdiction for any claim or action arising out of or relating to the Loyalty Program or the Program Rules may be filed only in the state of Haryana, India.
• 9.17. Subject to Law: Membership in the Loyalty Program and the earning and redeeming of Points are subject to all applicable local laws and regulations. Membership in the Loyalty Program, Member benefits, and Rewards are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in India. Subject to the Modification or Termination of the Loyalty Program, if any part of these Loyalty Program Rules is held to be unlawful or unenforceable, that part will be deemed deleted from these Program Rules in such jurisdiction, and the remaining provisions will remain in force.
• 9.18. Entire Agreement: The Loyalty Program Rules, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and Members relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Loyalty Program website.