Terms & Conditions

This Referral Agreement (“Agreement”) is entered into between Brewbay Innovations Private Limited, a company incorporated under the laws of India, with its registered office at No.39, Sanjay Building no. 3, Ground Floor, Rahul Mittal Industrial Premises CS, Sir MV Road, Marol Naka, Mumbai, Maharashtra, India - 400059 (“abCoffee”, “we”, or “our”), and all eligible referrers (“You” or “Your” or “Yourself” or “Referrers”). This Agreement outlines the terms and conditions governing the referral programme operated by abCoffee (“Referral Programme”) in relation to the Subscription Cards (defined below) offered by abCoffee. By clicking on “I Agree”, You acknowledge that You have read and understood the Referral Programme and agree to enter into a binding agreement between abCoffee and Yourself. This Agreement shall commence on the date You accept the terms hereunder and concludes in accordance with Clause 7 (“Term”)

1. What is abCoffee’s Referral Programme?

The Referral Programme is a reward-based system in which eligible Referrers, i.e. content creators, influencers, and other partners who qualify the eligibility criteria specified in this Agreement, are permitted to promote our products that are available in stores and online (“Company Products”) in accordance with the terms of this Agreement. Based on Your representations and undertakings hereunder, abCoffee hereby engages You as a non-exclusive independent contractor under this Referral Programme, to promote the Company Products and services and refer potential customers to abCoffee.

2. Qualification- You hereby undertake and declare that:
3. Engagementand Process
3.1  On-goingcompliance:

It is hereby clarified that Your continued participation in the Referral Programme is contingent upon maintaining the eligibility criteria outlined in Clause 2.abCoffee reserves the right, at its sole discretion, to restrict or deny Your access to the benefits of the Referral Programme, or to suspend or withhold any payments due to You, should there be reasonable grounds to suspect non-compliance with the eligibility requirements or any other terms of this Agreement.

3.2  On-boarding:

In order to onboard the Referral Programme, You will be required to share Your information on abCoffee’s website, which will be governed by our Privacy Policy. Please read our Privacy Policy prior to submitting any information on the abCoffee website or abCoffee App. Subject to acceptance of Your on-boarding form, a unique referral code will be generated (“Referral Code”) and sent to Your registered email address. Your application must include the exact URL of Your social media page. Please note that generic links such as “facebook.com” or “instagram.com” will not be accepted.

3.3 Referral Code:  In order to avail the benefits of the Referral Programme:
4. Referral Fee: Shall mean the monetary compensation payable by abCoffee to You.
4.1 Eligibility: Your eligibility to earn Referral Fee for a transaction is contingent on the following conditions being met:
4.2  The Referral Fee shall be calculated in the following manner:
Card Name
Commission
Prime
8% of the card MRP
Limitless
12% of the card MRP
Additionalbenefits:
Onsale of more than 10 Prime Cards in a month
An additional one-time fee of Rs. 500.
On sale of more than 5 Limitless cards in a month
An additional one-time fee of Rs. 500.
On sale of 100 Subscription Cards in a quarter
A one-time gift voucher worth Rs. 5000.
4.3 Payment terms:
4.4 abCoffee reserves the right to reject or modify any claim for Referral Fee where:
5.  Subscription Cards:
6. Representations and Warranties

6.1 The representations made to abCoffee with respect to Your eligibility for the Referral Programme are true, accurate and not misleading.

6.2 You shall promote the Subscription Cards in a professional manner and shall not make any false or misleading statements with respect to abCoffee, Subscription Cards, or Company Products.

6.3 You shall not make claims of any additional discounts, offers or promotions to any client, customer, or third party, without prior written permission of abCoffee.

6.4 You are fully and solely responsible and liable for the compliance of all applicable laws, regulations, rules, ordinances, guidelines, notices etc. in respect to Your social media activity, Your business, and Your actions/omissions on or off the digital space. You shall not associate abCoffee, this Referral Programme, the Subscription Cards, Company Products or anything to do with abCoffee or its directors/ founders, with any illegal, immoral or derogatory activity, whether directly or indirectly.

6.5 You shall keep all customer related information, pricing details, and any commission related information as confidential and shall not disclose any such information to any third party. You fully understand, acknowledge and agree that abCoffee shall not be held liable for any claims from clients, customers or third parties, for any loss incurred or damage suffered by them, by the use of the Referral Code, their engagement with You (in any capacity), or for any other reason whatsoever. You agree to fully indemnify and hold harmless abCoffee and its directors, shareholders, officers, employees, representatives, staff from and against any claims arising out of this Agreement or the Referral Programme. Any complaints from clients, customers or third parties with respect to the Referral Programme or Your engagement with them, shall be directly handled by You, provided always that abCoffee reserves the right to seek information, details or documentation from You regarding any third-party claim against abCoffee, or any complaints regarding the Referral Programme.

7. Termination: This Agreement may be terminated by abCoffee in writing, in its sole discretion:

7.1 For breach of this Agreement, without any prior notice. In this case abCoffee shall, in its sole discretion choose to withhold the Referral Fee accrued and payable to You for that month; or

7.2 In the event of discontinuation of the Referral Programme, by providing 7 (Seven) days’ prior written notice via publication on the Platform. In this case, any accrued Referral Fee shall be paid to You within 60 (Sixty) days, from the date You raise the invoice on abCoffee.

7.3 You may choose to withdraw from the Referral Programme at any time, for convenience, by writing to us at marketing@abCoffee.in. However, for clarity, please note that any payments of the Referral Fee shall be subject to the terms of this Agreement following termination of this Agreement for any reason whatsoever.

8. Governing Law and Jurisdiction:

This Agreement shall be governed by the laws of India and any disputes arising out of or in connection with this Agreement shall be settled by the courts at Mumbai, Maharashtra.

9. Miscellaneous:

9.1 abCoffee reserves the right to amend the terms of this Referral Programme at any time during the Term and it is Your responsibility and liability to review these terms regularly during the Term.

9.2 This Agreement does not create a partnership, joint venture, agency, or employment relationship. You shall act as an independent contractor and shall not bind abCoffee in any manner.

9.3 Both parties are free to take additional business engagements. You may engage in other business activities, as long as such activities do not result in harm to the business interests of abCoffee through misuse of any confidential information of abCoffee and its customers.

9.4 You shall not assign Your rights and obligations under this Agreement to any third party without the prior written permission of abCoffee.

9.5 For any queries or clarifications regarding the Referral Programme, subject to Clauses 5 and 6.5, please write to us on marketing@abCoffee.in.

BY CLICKING “I AGREE,” YOU CONFIRM YOUR ELIGIBILITY TO PARTICIPATE IN THIS REFERRAL PROGRAM AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.