By clicking on the “Terms and Conditions” checkbox and successfully completing the registration process for a Merchant Account, You are stating that You are Eligible to be a Merchant with Us and that You have read, understood and agreed to be bound by all of these Terms and Conditions of Service (“T&Cs”), which are not subject to negotiation.
Please note that these T&Cs will be incorporated into any Physical Contract We may execute with You in future and will be enforceable against You to the same extent as the terms of the Physical Contract. Therefore We request You to please read these T&Cs carefully before clicking on the “Terms and Conditions” checkbox.
Please go through these terms carefully. It is important that you spend time reading the terms as they constitute a legal agreement (“Agreement”) between / (the “Website” or “Site”) and
- A holder of a NcellRecharge Wallet (“Holder(s)”, “you” or “User”);
- A merchant establishment which allows its customers the option to make a purchase using their NcellRecharge Wallet (“Merchant”, “you” or “User”); or
- An internet surfer (“you” or “User”).
This document is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that provide for the due diligence to be exercised by the Website.
One Umendall Systems Private Limited (“Umendall” “we” or “us”, which also includes its affiliates) is an authorized payment and settlement system under the Payment and Settlement Systems Act, 2007. We issue semi-closed system prepaid payment instruments (“Umendall Wallet”) to Holders on which they can load and transfer funds in Indian Rupees within India to make purchases or avail of certain financial services (“Service(s)”). Umendall has its registered office situated at C84, Mayur Vihar Phase III, New Delhi 110096, India. We have employees and authorized representatives (“Team”).
YOUR AGREEMENT WITH NCELLRECHARGE
- We reserve the right to modify the Terms at any time without giving you any prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as Terms.
- You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us.
- Your access to use of the Website and the Services will be solely at the discretion of NcellRecharge.
- The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
APPROVAL OF TERMS
- By using the Website and its Services, you agree that you have read and understood these Terms and you agree to be bound by these Terms and use the Services in compliance with these Terms. Please read these Terms carefully. If you do not agree to be bound by (or cannot comply with) any of the terms below, please leave the Website immediately and terminate your account with us. The information that you obtain or receive from NcellRecharge, its Team, contractors, partners, sponsors, advertisers or otherwise on the Website is for informational and scheduling purposes only.
- The information provided on the Website is not professional advice and must not be considered as such. Your use of information provided on the Website is solely at your own risk.
- You can accept the Terms by:
- Using the Website; or
- By actually using the Services. In this case, you understand and agree that NcellRecharge will treat your use of the Services as acceptance of the Terms from that point onwards.
- For being a valid User you must satisfy the following conditions:
- You are of legal age to form a binding contract with NcellRecharge; or
- You are not a person barred from receiving the Services under the laws of India or other countries including the country in which you are resident or from which you use the services.
INFORMATION PRESENTATION/ EDITORIAL CONTROL
- We make the Website available as a part of our Service to Holders and Merchants. We may, but have no obligation to, have non user-posted information reviewed by the Website’s editorial personnel.
- It is important to note, however, that the timeliness and accuracy of any or all of the information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information.
USE OF SERVICES AND INFORMATION ON THE WEBSITE
- In order to access certain Services, you may be required to provide information about yourself (such as identification, contact or payment details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to us will always be true, accurate, correct, complete and up to date. Any phone number used to register with the Website needs to be registered in your name and you might be asked to provide supporting documents to prove the same.
- Information provided by NcellRecharge or otherwise obtained from the Website will not be used for any unauthorized and unlawful purpose;
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by NcellRecharge, unless you have been specifically allowed to do so in a separate agreement with us;
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
- You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the information obtained from the Website for any purpose whatsoever;
- You agree that you are solely responsible for (and that NcellRecharge has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which MobiKwik may suffer) of any such breach.
- You will not impersonate another person, including, without limitation, a Holder or a Merchant.
- All personal and contact information provided by you will be kept confidential by NcellRecharge. This includes your personal information given in relation to your account creation and subsequent administration.
CONTENT YOU POST OR SUBMIT
- On creation of an account on the Website, you will have the opportunity to use various interactive aspects through which you can communicate with our Team and share information (collectively “Posted Information”). It is important that you act responsibly when providing such Posted Information. Do not use inappropriate language, make gratuitous personal criticisms or comments. When participating in interactive aspects of the Service, please do include all relevant information in a concise manner to help us provide you with a helpful response.
- Please note that:
- You are solely responsible for any Posted Information that you submit on the Website or transmit to our Team and/or other users of the Website;
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
- You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by NcellRecharge;
- You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity;
- You understand and agree that NcellRecharge may (but is not obligated to) review and delete any Posted Information that in the sole judgment of NcellRecharge violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users of the Website and/or any other person;
- You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information; and
- The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Website. NcellRecharge reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Website. You may not post content that:
- Involves the transmission of unsolicited mass mailing or “spamming”;
- Harasses or advocates harassment of another person;
- Is false or intentionally misleading;
- Violates the intellectual property or other rights of any person;
- Is threatening, obscene, defamatory or libellous; or
- Is pornographic or sexually explicit in nature.
- You agree, through Your use of this Service, that you will not use this Website to post any material which known to be unlawful, false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, libelous, harmful, obscene, profane, sexually oriented, threatening, racially offensive, invasive of a person’s privacy, or otherwise objectionable material of any kind or nature. You agree not to post any copyrighted material unless the copyright is owned by You or You have been given permission by the copyright owner to post such material and You give due credit to the copyright owner by including the copyright information in your post.
- You agree and acknowledge that you will not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous, blasphemous, defamatory, obscene, paedophilic, invasive of another’s privacy, hateful, racially or ethically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise inappropriate material.
- You also agree that you will:
- Not upload or share any information that impersonates another person, threatens the unity, integrity, defence, security or sovereignty of India;
- Obtain any consents, permission or licenses that may be legally required for you to submit any material;
- Respect the privacy of others;
- Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses;
- Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Users; and
- Not use any automated systems or means to access, acquire, copy or monitor any part of the Service.
- You will notify NcellRecharge at NcellRecharge Helpdesk upon coming across any objectionable content on the Website and NcellRecharge shall use best efforts to remove such objectionable content within thirty-six hours from being duly notified.
YOUR USE OF INFORMATION
- Except for Posted Information that you submit, all of the information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain NcellRecharge’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Website for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in the Website and the Services not expressly granted by us to you are retained by NcellRecharge.
- We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise and quality of work or services or other information concerning the Team.
- We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise and quality of work or services or other information concerning the Team.
PRIVACY AND INTELLECTUAL PROPERTY PROTECTION
- You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
- You agree that you will be solely responsible to NcellRecharge for all activities that occur under your account.
- If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at NcellRecharge Helpdesk.
- All trademarks, brands and service marks used in conjunction with the Services offered by NcellRecharge and owned by NcellRecharge shall be our property; NcellRecharge shall own all of the copyrights and database rights in the Services. Without our consent, you may not publish, distribute, extract or reproduce any contents provided by the Services. For use of any third party’s intellectual property, you need to get permission directly from the owner of the intellectual property for any use. Third party trademarks may appear on this Website and all rights therein are reserved to the registered owners of those trademarks.
- As a user of our Website, you acknowledge that any intellectual property which is not specifically mentioned to be owned by us is owned by their respective owners and the owners have a right to take appropriate actions against you for any violation, infringement and passing off.
- Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the interface/Website.
THIRD PARTY INFORMATION ON THE WEBSITE
- As some information appearing on the Website is provided to NcellRecharge by third parties, NcellRecharge will have no liability in respect of any loss or damage arising from third party information which appears on the Website, including the manner in which the information is displayed or information which may be:
- Out of date;
- Impersonation by a person to be another person.
- All dealings and communication arising from NcellRecharge’s facilitation of interaction between Merchant and Holder will be between the Merchant and Holder only and NcellRecharge is not responsible in any manner for any communication between the Holder and the Merchant, and has no liability in respect of such dealings whatsoever.
- NcellRecharge is not an agent for any of the Merchants listed on this Website and NcellRecharge has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or quality of service provided by a Merchant.
LINKS TO OTHER SITES
- The Services may include links to other websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and the provision of these links does not mean that we endorse these websites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.
- You will note that the URL to every webpage on our Website begins with “https://” .
In other words, every webpage on our Website is hypertext transfer protocol secure (“HTTPS Enabled”) or “identity verified”.
- We have had our entire Website HTTPS Enabled to better protect your security against dummy websites. Please verify that a webpage is HTTPS Enabled before providing any information on it. We will not be liable for any consequences of you providing details on any third party website, including dummy websites.
- The interface/Website is provided subject to all of the terms set forth in the Terms.
- NcellRecharge disclaims all warranties whether express or implied, including but not limited to:
- That our Website will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Website and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched mobile network, private switched mobile networks and your power supply. We take no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control;
- Your ability to use the Service through the Website;
- Your satisfaction with the Service or the Website;
- Security and privacy of your data;
- That bugs or errors in the Service and/or Website will be corrected;
- That our Services will be compatible with all broadband services and modems and we disclaim any express or implied warranties regarding the compatibility of our Service with any particular broadband service or modems;
- We make no express or implied representations or warranties about our Services or the Website and disclaim any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. We do not authorize anyone to make a warranty on our behalf and you may not rely on any statement of warranty as a warranty by us; and
- That our Team who furnishes Services to you in connection with this Agreement or the Service will be liable for any act or omission in relation to the Website.
RESTRICTIONS ON USE
- In addition to all Terms of this Agreement, you shall not:
- Use the third party links to sites without agreeing to their website terms & conditions;
- Post links to third party websites or use their logo, company name, etc. without their prior written permission; or
- Use the Services for spamming and other illegal purposes.
TERMINATION OF SERVICES
- Your account may be disabled and Services may be terminated based upon the representations made by you. Any of the following actions may result in termination of Services:
- Impersonating another person or entity with the effect of misleading users about the identity of the creator of content (including misleading account user names, voices and sounds used in broadcasts, and account profile information);
- Impersonating the Services or a NcellRecharge Team member;
- Representing that content you post or transmit through the Services is created or endorsed by us;
- Providing or sending any content which may be harmful or detrimental to NcellRecharge or its business associates, or which violates any restriction or policy established by NcellRecharge or its business associates;
- Submission of any content that falsely expresses or implies that such content is sponsored or endorsed by us;
- Falsification or deletion of any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
- Putting on NcellRecharge’s system any content that contains software viruses, trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
- Manipulating Service identifiers in order to disguise the origin of any content transmitted via the Services;
- Collecting or storing personal data about other users;
- Interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
- Using any robot, spider, website search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose; or
- Creating user accounts by automated means or under false or fraudulent pretences.
- You may not use contact information provided by us or other users or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as spam. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Website immediately and take other legal action if you or anyone using your credentials violates these provisions.
- Certain Services on the Website may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
- The Service and the Website and its entire contents are provided on an ‘as is’ basis. NcellRecharge and its officers, employees, agents and contractors give or make no representation or warranty (either express or implied) as to the suitability of the Service or the Website or its contents for any purpose or the completeness, accuracy, reliability, security or availability of the Service or the Website or its contents; nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the Service or the Website.
- NcellRecharge and its officers, employees, agents and contractors are not liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from your use or non-use of the Service or the Website, or your reliance upon the Service or the information contained upon the Website (whether arising from NcellRecharge’s or any other person’s negligence or otherwise).
- You and NcellRecharge agree that any cause of action arising out of your use of the Service or Website must be commenced within 12 (twelve) months after the cause of action accrues or you become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action is permanently barred.
GENERAL LIMITATION OF LIABILITY AND INDEMNIFICATION
- Your sole and exclusive remedy for any dispute with us is the suspension of your NcellRecharge account. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the Website, regardless of the form of action, exceed INR 1000 /- (Indian Rupees [ONE THOUSAND] only).
In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the Website. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, even if we knew or should have known of the possibility of such damages.
- You agree to defend, indemnify and hold NcellRecharge, and its Team harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from your use of this Website.
- You hereby indemnify and hold NcellRecharge, and its Team harmless from any loss, costs, damages, expenses, and liability caused by your use of the Website, your violation of this Agreement, or your violation of any rights of a third party through use of the Website.
- If any provision of these Terms is, or is found to be, unenforceable under applicable laws, that will not affect the enforceability of the other provisions of these Terms.
GOVERNING LAW AND DISPUTE RESOLUTION
- Except as otherwise described, all content availed by the use of this Website/interface are made available only to facilitate the users. NcellRecharge controls and operates the Website and Services and makes no representation that the contents and Services are appropriate or available for use in other locations. If you use the Services from a location other than the location where the Website and Services are controlled and operated, you are responsible for compliance with applicable local laws.
- These Terms shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to these Terms shall be settled in the courts located at New Delhi, India.