PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY AS YOUR USE OF THE MOBILE APPLICATION – SWITCHPE (HEREINAFTER REFERRED TO AS “APPLICATION”) IS SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS (“TERMS” / “AGREEMENT”).

THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT (TOGETHER REFERRED TO AS “YOU”/ “USERS”/ “YOUR”) AND AYE FINANCE PRIVATE LIMITED (HEREINAFTER REFERRED TO AS “COMPANY”, “WE”, “US”, “OUR” WHICH EXPRESSION SHALL UNLESS IT BE REPUGNANT TO THE CONTEXT AND MEANING THEREOF, MEAN AND INCLUDE ITS SUCCESSORS AND PERMITTED ASSIGNS) WHO ARE THE OWNERS OF THE APPLICATION. WHILE USING THE APPLICATION, YOU MAY BE SUBJECT TO ANY POSTED GUIDELINES OR RULES APPLICABLE TO THE APPLICATION. ALL SUCH GUIDELINES OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS. BY USING OR ACCESSING THE APPLICATION, YOU DE-FACTO AGREE TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS, DO NOT USE THE APPLICATION.

IF YOU CONTINUE TO USE THIS APPLICATION, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, WHICH ALONG WITH THE PRIVACY POLICY (THE “PRIVACY POLICY”) GOVERN YOUR RELATIONSHIP WITH US. YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE PROVISIONS OF THIS AGREEMENT.

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THE TERMS AND CONDITIONS AT ANY TIME. WE WILL NOTIFY YOU ABOUT SUCH CHANGES THAT MAY MATERIALLY IMPACT YOUR USE OF THE APPLICATION. YOUR CONTINUED USE OF APPLICATION FOLLOWING THE CHANGES OR UPDATES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE REVISIONS.

THIS AGREEMENT CONSTITUTES AN ELECTRONIC RECORD, WHICH IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES, OR ANY OTHER FORM SUCH AS CLICKWRAP TO INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS:

a. “Applicable Laws”: means all applicable laws, statutes, rules, regulations, guidelines, statutory or government notifications including Reserve Bank of India regulations and Payment Participant Rules (as defined below).

b. “Company’s Policy”: refers to the policies of the Company which are notified on the Application (including Privacy Policy) or as may be otherwise notified by the Company to the Users.

c. “Credit Facility”: refers to the loan facility provided by the Company to the Retailers pursuant to which Company settles the Payment Transaction requests raised by the Retailers.

d. “Distributor”: refers to the sellers of the products to the Retailers.

e. “Distributor Information” is any information about a Distributor, including personal information about the Distributor.

f. “Funding Account”: means the bank account that is registered or used by a Company to fund Payment Transactions.

g. “Beneficiary Account” means the account of the Distributor where the Payment Transaction instruction through Services for crediting the account is received from the Retailer to be executed either in real time basis or periodically with a settlement process.

h. “Permitted User”: shall mean any user as authorized by the User who may use the Application and Services pursuant to the license granted herein.

i. Payment Participants: means all parties involved in the payment system including payment aggregators, card associations, National Payments Corporation of India and the Reserve Bank of India.

j. “Payment Participant Rules” will mean applicable rules, guidelines, directions, instructions, requests, etc. issued by Payment Participants from time to time.

k. “Payment Service Provider” means such entities (i) which are regulated by the Reserve Bank of India under Banking Regulations Act 1949 and is authorized by the Reserve Bank of India for providing mobile banking service, and (ii) with whom Company has entered into an arrangement to facilitate Payment Transactions.

l. “Payment Transaction” refers to the payment instruction placed/raised by Retailer to the Company for the purchase of products from the Distributor.

m. “Retailer/s” refers to buyers of the products from the Distributors.

n. “Services” refers to all the services provided by the Company to the Users on the Application.

o. “Settlement Amount” means the amount (inclusive of applicable taxes levied on sale of product/ services by Distributor to you) to be settled to the Distributor (as per this Agreement), with respect to products and services purchased by you using the Services and will mean an amount remaining after deducting applicable Taxes from such Payment Transaction, subject to Applicable Laws.

p. “Transaction” refers to purchase, or lease of products from the Distributor to you for which Credit Facility is availed by you.

2. SCOPE OF THE APPLICATION AND ROLE OF COMPANY:

2.1. This Agreement is applicable to Retailers using the Application, to avail Services from the Company. The Application allows Retailers to avail Credit Facility from the Company for the Transactions by raising request for Payment Transaction and in turn allows seamless payment of Settlement Amount to the Distributor by the Company as provided in Clause 6 below. User hereby agrees that the Credit Facility provided by the Company to the Retailers is for the limited purpose of completing the Payment Transaction with the Distributors.

2.2. Subject to the terms of this Agreement, Company shall, on intimation of a Payment Transaction, initiate the payment of Settlement Amount to the Distributor through its Funding Account, on behalf of the Retailer as provided in clause 6 of these Terms. You hereby agree and acknowledge that, the Company:

1. 1. is not a party to the Transactions between a Distributor and Retailer;
   2. is not a Payment Service Provider;
   3. is not and will not be responsible for any aspect of the products or services that You avail including but not limited to refunds, returns, warranty issues, discounts, exchange, replacement;
   4. is not and will not be responsible for any communications or offers made by Distributor to the Retailer or any third party;
   5. does not determine, advise or in any manner control the commercial terms of the Payment Transaction, including the price of products and services offered for sale by a Distributor.

 

2.3. Company may use a third party to provide some or all aspects of the Services (“Third Party Service Provider”). For this purpose, you acknowledge and consent that Company can share details about your business with the Third Party Service Provider. You may also need to accept such Third Party Service Provider’s additional terms and conditions and meet additional requirements (“Third Party Service Provider’s Terms”) to enable the Third Party Service Provider to provide their services on the Application. Company will not be responsible or liable to you for any loss incurred by you as a result of your interaction with such Third Party Service Provider pursuant to the use of the Services, or for any action or inaction of such Third Party Service Provider.

3. REGISTRATION OBLIGATIONS:

3.1. Eligibility criteria:

3.1.1. To begin the enrolment process, you must complete the registration process for one or more of the Services provided on Application and create an account using your valid mobile number. By registering on the Application, you represent and warrant that –

a. You can lawfully enter into and form contracts under the Indian Contract Act, 1872 (or any other law in force) and that you are fully able, competent and authorized to enter into the terms, conditions, obligations, representations and warranties set forth in this Agreement. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Application.

b. If you are a minor i.e. under the age of 18 years, you shall not register as a User on, transact or use the Application. Company reserves the right to terminate your registration and/or refuse you access to Application if it is brought to Company’s notice or discovered that you are under the age of 18 years.

c. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the terms and conditions of this Agreement and you have the authority to bind the business entity to this Agreement and that the business entity is registered under the applicable laws.

d. Your use of Application does not violate any applicable law or regulation.

e. You have not been previously removed from using the Service or Application by Us or your account has not been terminated by Us.

f. You do not have any other fictitious account registered on the Application.

g. All the information provided by you is true, accurate, current and complete, and you will not hold us liable to verify any such information or your eligibility or authority to use the Application or avail the Services.

3.2. Registration of User.

3.2.1. Registration on the Application.

An unregistered User shall be able to only access the Application but shall not be able to avail the Services on the Application. A User shall be able to avail the Services on the Application only upon completing the registration process on the Application. As part of the registration process, you understand and acknowledge that it is your responsibility to get complete information of the Services offered by Company, before availing the same and you are required to first register with the Application, by using the new register/sign up option available at the Application using your valid mobile number. The mobile number used by the User for registering would be deemed to be the “Registered Mobile Number”. You must provide us with your (or your business’) legal name, address, phone number, e-mail address, applicable tax registration details as well as any other information we may request. Furthermore, you must also set a PIN number (“PIN”) while login on the Application. This generated PIN will be confidential and User shall not share the same with any third party. In case any User or Permitted User logout from the Application, then the User and/or Permitted User shall use the Registered Mobile Number and OTP for all subsequent log-ins to the Application. Any one-time-password (OTP) generated on the Registered Mobile Number, will be required for log-in to the Application and such OTP shall be kept confidential by the User and/or Permitted User and shall not be shared with any unauthorized third party. Company shall not be liable for verifying the use of the Application during such log-in.

3.2.2. Registration of Beneficiary Account:

At the time of registration, the User/Permitted User shall provide all the relevant information to the Company to allow the Company to perform a KYC of the Retailer at the time of registering of the Retailer as per Applicable Laws and to link the Beneficiary Account of the Distributor to allow the Company to transmit the Settlement Amounts. Retailer agrees and acknowledges that:

(a) as a precondition to registering on the Application as a Retailer, Company will access the User’s past credit history and any other information that it deems fit.

(b) The User further authorizes the Company to disclose such information/documents to RBI, income tax authorities, any credit bureau, third parties, credit rating agencies, data banks, corporates, other banks, financial institutions or any other Government or regulatory authorities, statutory authorities, quasi-judicial authorities or any marketing agencies as it deems fit.

(c) The User also understands and agrees that the Credit Information Bureau (India) Limited and any other agency so authorized may

(i) use, process the said information and data disclosed by the Company in the manner as deemed fit by them; and

(ii) may furnish for consideration the processed information and data or products thereof prepared by them, to banks / financial institutions and other credit grantors, as may be specified by RBI in this behalf.

3.2.3. The Application does not screen or censor the users who register on and access the Application. You assume all risks associated with dealing with other users with whom you come in contact through this Application. You agree to use the Application only for the purpose as provided in this Agreement, without infringing the rights or restricting the use of the Application by any third party.

4. USE OF SERVICE:

4.1. Grant of license.

The Company hereby grants to the User during the Term, a fixed-term, non-exclusive, non-transferable, revocable, non-sub licensable, worldwide, limited license to use and access the Application and/or Services for the User’s internal business use only and in accordance with the terms and conditions of this Agreement. Nothing herein contained shall be construed as granting to the User any intellectual property right, which includes copyrights, regarding the Application and Services except as expressly provided for hereunder. Company reserves all rights not expressly granted herein. Use of the Application for any purpose not expressly permitted by this Agreement is strictly prohibited. The grant of license to use and access Application and Services shall be restricted to Permitted Users only and must be in accordance with the terms and conditions of this Agreement. The User shall agree to ensure that the Permitted Users shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Permitted User’s account. The Permitted User shall be responsible for maintaining the confidentiality of User’s account and password or any OTP.

4.2. You will

(a) use the Services only to only to avail the products offered by Distributors for a bona fide Transactions;

(b) not use the Services for illegal purposes, or in support of illegal activities;

(c) not use the Services to promote or facilitate an unlawful transaction or the sale or exchange of any unlawful or prohibited products or services;

(d) not use the Services in connection with content or activities that are deceptive or that are prohibited under the as per the policies of the Company or Applicable Laws;

(e) not use the Services in any way that suggests that your business is endorsed by Company;

(f) in any way that may damage Company’s reputation or goodwill; or

(g) on in any way that is not compliant with the Applicable Law.

4.3. Non-Transactional Remittances.

You may not use the Service to otherwise transfer money between you and a Distributor in any transaction, that does not directly result from that Distributor’s sale of a product or service.

5. ACCESS TO THE APPLICATION:

5.1. Accessing, browsing, subscribing, creating an account or any other action you undertake with respect to the Application does not deem to make you a member, shareholder or affiliate of the Company for any purposes whatsoever, nor shall you have any of the rights of statutory members of the Company.

5.2. Company does not guarantee availability of the Application at all times. We shall take reasonable efforts to make the Services available to you, at all times through the Application. However, as the Services are provided over the internet, data and cellular networks, the quality and availability of the same may be affected by factors outside Company’s control. Therefore, we shall not be liable for non-availability of the Services at any time. We may try and restore access to the Application and the Services on a reasonable and commercially viable basis.

5.3. Company assumes that your relationship with Distributors is bonafide and Company will not authenticate or verify any Transactions between you and the Distributors.

5.4. You hereby express Your intent to know through telephonic calls, WhatsApp messenger application or SMS on your Registered Mobile Number or any other alternate number of yours as well as in this undertaking, or through any other communication mode, various Credit Facility schemes or Credit Facility promotional schemes or any other promotional schemes and hereby authorize Company and its employee, agent, associate to do so. You confirm that laws in relation to the unsolicited communication referred in “National Do Not Call Registry” (the “NDNC Registry”) as laid down by Telecom Regulatory Authority of India will not be applicable for such communication/calls/ SMS/messages through WhatsApp messenger application received from Company, its employees, agents and/or associates.

6. PAYMENT TRANSACTION:

6.1. On receipt of a payment instruction from Retailer for a Payment Transaction, Company shall disburse the Settlement Amount from its Funding Account to the Distributor’s Beneficiary Account as per conditions more specifically mentioned in the loan agreement signed with Retailer .

7. OBLIGATIONS OF RETAILER:

7.1. Obligation to Accept Delivery of Products.

You are responsible for accepting delivery of products or services by the Distributor. If you are unable to receive the whole or any part of the products or services, you will inform the Distributor and take immediate action to refund the payment amount in whole or in part.

7.2. Risk of Delivery.

All risks associated with availing the products will be borne solely by you; and any disputes regarding the product or service purchased, including quality, merchantability, non-delivery, delay in delivery, will be resolved directly between you and the Distributor.

7.3. Rechecking of Products.

You are required to recheck the products availed by you from Distributor once the delivery process is competed. Company shall not be liable for any incorrect delivery, defects or tampered products received by you.

8. CONTENT:

8.1. Any content available on our Application is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Application.

8.2. Although we make reasonable efforts to update the information on our Application, we make no representations, warranties or guarantees, whether express or implied, that the content on our Application is accurate, complete or up to date.

8.3. The Company shall not be held liable under any circumstances including, but not limited to: any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future business loss, liability, claims or omission of information or details posted, or any link accessible or made available through this Application. You understand that by using this Application, you may be exposed to content that may be incomplete, old, offensive and/or objectionable due to any reason whatsoever. The Company assumes no responsibility for such content. We reserve the right to modify the contents of the Application at any time. You agree that such modified content shall be binding upon you and you agree to abide by the same.

9. THIRD PARTY CONTENT AND ADVERTISEMENT:

You acknowledge that when You access a link that leaves the Application, the website that you will enter into is not controlled by the Company and different terms of use and privacy policies may apply. By accessing such third-party links to other website, you acknowledge that the Company is not responsible for those websites. The Company has no liability to remove or in any manner block such third-party links or pop-ups. The Application may contain third party advertisements. The display of such advertisements does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser or the merchant, its products or services. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its products and/or services. The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

10. OWNERSHIP OF INTELLECTUAL PROPERTY:

10.1. All the rights including but not limited to intellectual property rights subsisting under or in relation to the Application (including any content uploaded by the Company) are owned by Company and its affiliates, subsidiaries, licensors as the case may be. The Company respects the copyright, and we prohibit You from submitting, uploading, posting, or otherwise transmitting any content or details on the Application that violates another person’s proprietary rights.

10.2. If You believe that the Application contains elements that infringe any intellectual property rights, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content that is indicated as infringing and/or take any other appropriate action at our discretion.

10.3. All materials on this Application, including but not limited to the content of the Company, are protected by copyright under the copyright laws. You cannot use the Application or the content of the Company, except as specified herein. There may be several proprietary logos, service marks and trademarks found on the Application whether owned/used by us or otherwise. By displaying them on the Application, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of such proprietary logos, service marks, or trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

11. CONFIDENTIALITY:

11.1. Confidential information, for the purpose of these Terms, shall mean the information including but not limited to the features, functionalities, processes, data and information regarding the Application, or other information of a confidential nature disclosed by one party to the other party including Retailer Information under these Terms, in any form (“Confidential Information”).

11.2. We will keep any personal information shared by you, confidential and only use it as per the terms of our Privacy Policy.

11.3. Safeguards. At all times that you (or those acting on your behalf) have access to Confidential Information (which for purposes of these terms includes Distributor information and other Retailer’s Information), you will, and will ensure that Permitted Users, maintain reasonable administrative, technical and physical controls designed to ensure the privacy, security, and confidentiality of that Confidential Information. These controls will meet or exceed relevant industry standards and the requirements prescribed under Applicable Law (if any). These controls will limit the collection, storage, disclosure, use of, or access to Confidential Information solely to Permitted Users and for purposes authorized by the Company under these Terms. These controls will be appropriate to your role, operations and exposure to your information under these Terms. You will ensure that anyone acting on your behalf is subject to these controls or otherwise provides equivalent or greater protections for the security and privacy of Confidential Information. At any time upon Company’s request, you will cooperate with Company’s reasonable efforts to assess the adequacy of these controls and the Permitted User’s controls.

11.4. Access Controls. You and Permitted Users will:

(a) maintain reasonable controls to ensure that only individuals who have a legitimate need to access Confidential Information under these Terms will have such access;

(b) promptly terminate an individual’s access to Confidential Information when such access is no longer required for performance under these Terms; and

(c) be responsible for any unauthorized access to Confidential Information under your custody or control.

11.5. Data Protection. To the extent that you access, use or otherwise process Distributor Information or other retailer’s information, you will:a. comply with all privacy, data security, and data protection laws, directives, regulations, and rules in any jurisdiction applicable to you;b. use or otherwise access Distributor Information or other retailer’s information only for purposes which are consistent with Applicable Law and the consent obtained from the individual to whom the Retailer Information relates, and as expressly permitted in these Terms; andc. implement appropriate organizational and technical measures to protect Distributor Information or other retailer’s information againstd. You will regularly monitor your adherence to this obligation and immediately notify Company in writing if you determine that you can no longer, or there is a significant risk that you can no longer, meet the obligation in this subsection and either cease processing or immediately take other reasonable and appropriate steps to remediate such failure to provide adequate levels of protection.

12. PROHIBITED CONDUCT:

You agree not to engage in any of the following activities:

12.1. Violating laws and rights:

You may not

(a) use the Application for any illegal purpose or in violation of any local, state, national, or international laws,

(b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights,

(c) circumvent or disable any content protection system or digital rights management technology used in connection with the Application Content,

(d) rebroadcast or transmit the content available on the Application,

(e) modify the Application in any manner, including but not limited to, by removing identification, copyright or other proprietary notices from any content, or by framing, mirroring, or utilizing similar techniques.

12.2. Solicitation:

You may not use the Application, or any information provided through the Application for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

12.3. Disruption:

You may not use the Application in any manner that could disable, overburden, damage, or impair the Application, or interfere with any other user’s use and enjoyment of the Application; including but not limited by:a. uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, orb. interfering with or disrupting any network, equipment, or server connected to or used to provide the Application, or violating any regulation, policy, or procedure of any network, equipment, or server, orc. modifying, merging, revising or enhancing the Application in any way, ord. decompiling, disassembling, reverse engineering the Application in any manner whatsoever.

12.4. Impersonation or unauthorized access:

(a) You will not impersonate another person or entity or misrepresent your affiliation with a person or entity when using the Application.

(b) You will not use or attempt to use another person or entity’s information, personal or otherwise; and you will not attempt to gain unauthorized access to the Application or any other user account, through hacking, password mining or any other means.

12.5. Developing competing offerings:

(a) You will not use the Application to develop any competing platforms, applications, websites or products which are similar or substantially similar to the Application.

(b) You understand and acknowledge that if you indulge in any of the prohibited conduct stated above, and it is brought to the notice of the Company, the Company may terminate your right to use the Application and take any other corrective action as it deems fit.

(c) We do not guarantee that our Application will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Application. You should use your own virus protection software.

(d) We will report any breach of this term in our discretion to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Application will cease immediately.

13. AUDIT:

Upon request from Company, Company and/ or its auditors will be given reasonable access at reasonable times to your premises and documentation as Company may reasonably request in order to assure your compliance with these Terms. If any audit reveals that there is a non-compliance by the User, the User will be required to remedy such a non- compliance at its costs.

14. DISCLAIMER:

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK AND THAT THE APPLICATION AND THE INFORMATION THEREIN IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE APPLICATION IS NOT HACK PROOF. THE INFORMATION MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION OF THE USER INFORMATION. WE DO NOT REPRESENT AND WARRANT THAT USERS USE OF THE APPLICATION WILL MEET THEIR REQUIREMENTS, OR USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR ANY INFORMATION OBTAINED BY YOU AS A RESULT OF USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONSULT OR CONDUCT DUE DILIGENCE WITH RESPECT TO THE CONTENT AVAILABLE ON THE APPLICATION, AT YOUR OWN INITIATIVE, COST AND EFFORT. THE COMPANY SHALL NOT BE LIABLE FOR THE INFORMATION PROVIDED BY YOU OR OTHERWISE TRANSMITTED ON THE APPLICATION. ANY RELIANCE ON SUCH INFORMATION OR THE USE OF ANY SUCH INFORMATION IS SOLELY AT YOUR OWN RISK. ALL LIABILITY WHETHER CIVIL OR CRIMINAL RESULTING FROM ANY INFORMATION OR CONTENT OR BLOGS POSTED OR TRANSMITTED ON THROUGH THIS APPLICATION WILL BE THAT OF THE YOURS OR THIRD PARTY WHO HAS POSTED OR TRANSMITTED SUCH INFORMATION OR CONTENT AND WE RESERVE OUR RIGHT TO CLAIM DAMAGES FROM YOU OR THIRD PARTY THAT IT MAY SUFFER DUE TO SUCH CONTENT PROVIDED, TRANSMITTED ON APPLICATION WE DO NOT CLAIM OWNERSHIP OF ANY KIND OF ANY INFORMATION THAT YOU SUBMIT OR MAKE AVAILABLE ON APPLICATION.

15. LIMITATIONS OF LIABILITY:

In no event, shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use of the Application and provision of Services or for interrupted communications, delay, lost data or monetary losses arising out of or in connection with these Terms.

16. INDEMNIFICATION:

You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to:

(i) Personal Information that You submit or transmit on the Application,

(ii) Your violation of any rights of any other person/Distributor in connection with the Services,

(iii) any use and access of the Distributor Information or breach of Confidentiality or Data protection obligation under these Terms;

(iv) infringement of any third party intellectual property rights,

(v) any breach of the terms and conditions of these Terms,

(vi) any breach or violation of applicable laws and regulations

(vii) any breach of representation and warranties made in relation to use of the Application.

17. PRIVACY POLICY:

The Company is committed to responsibly handling the information and data we may collect through the Application in compliance with our Privacy Policy. Please review the Privacy Policy so that you are aware of how we collect and use your personal information.

18. FORCE MAJEURE:

Without limiting the foregoing, under no circumstances shall Company be held liable for any damage or loss due to deficiency in the performance of the Application resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in laws and regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots, lockdowns, pandemics or any other similar events.

19. TERM AND TERMINATION:

The Company reserves the right to terminate your right and access to use the Application with or without any reason whatsoever. Additionally, your right to access and use the Application terminates automatically upon your material breach of these Terms.

20. SURVIVAL:

Provisions such as, disclaimer of warranties, limitation of liability, indemnity, ownership of intellectual property, prohibited conduct shall survive any termination.

21. GOVERNING LAW:

This Agreement and Your use of the Application and Services is governed by, construed and enforced in accordance with the laws of India and, for the purposes of any legal or equitable actions. You specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Delhi

22. WAIVER:

The Company’s failure to insist on or enforce strict performance of any of these Terms shall not be construed as a waiver of any provision or right.

23. SEVERABILITY:

If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.

24. NO AGENCY:

You agree that no joint venture, employment, or agency relationship exists between you and the Company as a result of these Terms or due to your use of the Application.

25. ENTIRE AGREEMENT:

These Terms, the Privacy Policy and any other Company Policies constitute the entire agreement between you and the Company relating to this subject matter and supersede any and all prior communications and/or agreements between you and the Company relating to this subject matter.

26. CHANGE IN TERMS:

We reserve the right at any time, at our sole discretion to change or otherwise modify/amend the Terms without any prior notice, in which case you continued access shall signify you assent/ ratification to the updated or modified Terms. You are encouraged to check these Terms on a regular basis to be aware of the changes made to it. If we make any changes to these Terms, we will make it available through the Application and indicate the date of the latest revision.

27. CONTACT US

7th Floor, Unitech Commercial Tower 2, Sector 45, Gurugram 122 003, Haryana

If you have any questions or concerns or grievances regarding these Terms, you can email us at our grievance email-address [email protected]

For any significant grievances, kindly refer to the Grievance Redressal Policy in the next section. 

There is no refund or cancellation policy

 

GRIEVANCE REDRESSAL POLICY

You can download our full grievance redressal policy here: Download