Refund Policy

SAFAA WALLET REFUND POLICY

safaawallet.com offers prepaid mobile recharge and other online service provides related information herein known as ‘services page’ in the website. The persons/ parties visiting the site safaa wallet.com or registering with site for use of any of the services will be herein known as the ‘user/s’. safaawallet.com will herin also be known as the ‘site’.

The “User” of the site safaawallet.com in visiting the site or using any other service agrees to be bound by the following terms and conditions. The Users acceptance to the Terms & Conditions given below is reaffirmed each time the user visits /uses the services of the site. The “Site” reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. The “User” shall re-visit the “Terms of Use” link from time to time to stay abreast of any changes that “Site” may introduce.

Eligibility
The User needs to be of 18 years or above to be using the services of the ‘site’. In case any user below 18 years registers to the ‘site’, his or her registration would stand as void. “User” represents and warrants that he/she has the right, authority, and hereby accepts that he or she is of legal age to accept and abide by the terms and conditions of use of the ‘site’.And that while using the site, The “User” shall not impersonate any person or entity,or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity. The “Site” may terminate the account of such a visitor, delete the content posted by him/ her, prohibit access to the ‘site’or to any of its related services for any reason without citing or stating any reasons as and when needed and without limitation.

Registration
The Registration form to be filled by the ‘user ‘for registration to the ‘site’ needs to be filled as accurately as possible to the best of knowledge of the user. The responsibility of maintaining the security of the password and id lie with the user and is directly liable for any action/ use of the ‘site’ from his/ her account. It is the duty of the user to immediately notify the site if their account is being used without authorisation.

The user agrees to update the user account details as and when prompted by the site and in time to time in case of any change in any registration detail provided by the user on the ‘site’.

The ‘site’ has full right to terminate any user account without stating any reason and without any notice.

Use of The Recharge Facility 

Safaa wallet/Safaa Multi Tech Pvt Ltd provides Recharge of Prepaid Phones (India) for personal use and not commercial use. The user in using this facility agrees to the following Terms
1. The User is solely responsible for entering the correct information ( phone number, recharge value, etc.)
2. Safaa wallet is not responsible for faulty connection on the side of the user while using the Payment Option
In case the user has paid and not recieved the recharge amount, the user will have to submit complete transaction details along with contact details to customer support at safaawallet. The matter will be resolved after cross checking with the concerned service provider vendor after which refund, if any, will be made to the users account. This process may take 10 days or longer depending on the response from the vendor.Safaa wallet will not be liable for late action in such a case.
3. Safaa Wallet will not refund any money once a sale has taken place.
4. The user hereby agrees that by using the facility of online recharge from safaawallet.com the user has agreed to pay out of will any extra charges on account of online service/ sale of online recharge.

Standard of User Conduct

The “User” agrees that all contents (information, data, text, photographs, videos, music, graphics and/or other materials) hosted/viewed in the “Site” are the sole responsibility of the “User” from whom such content originated.

“The “Site” does not guarantee the accuracy, integrity and quality of such contents. The “User” must also understand that it is possible for him/her to receive contents that are offensive, objectionable or indecent. The “Site” will not be liable for any error or any negative effect/result of such content whatsoever.

The “User” represent, warrant and agree that no materials of any kind submitted through “User” account or otherwise posted or shared by “User” through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

The “User” further agrees that he/she shall not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden, impair or disrupt the service, servers, system, site or networks connected to the service.

Users shall recognize that they have the responsibility of evaluating and bearing the risks associated with the content’s (that is shared and used) reliability accuracy, usefulness, purpose and comprehensiveness. Consequently, users shall understand that they cannot entirely depend on the data displayed at the “Site”.

The “User” expressly and impliedly agrees not to use the services or the “Site” to:

  • Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially or ethnically or otherwise objectionable;
  • Upload, post, email, transmit or otherwise make available any content that is or likely to cause/affect/violate the rights of any party with respect to religious sentiments, secular credentials, communal harmony, peace, integrity of a nation, or that would otherwise create liability or violate any local, state, national or international law;
  • Impersonate any person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content listed on the site or services;
  • Upload, post, email, transmit or otherwise make available any content that the “User” does not have a right to make available under any law or under contractual relationship (such as inside information, proprietary and confidential information, learned or disclosed as part of non-disclosure agreements);
  • Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence;
  • Upload, post, transmit, share, store or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 
  • Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than normal, or otherwise act in a manner that negatively affects the other users ability to engage in real time exchanges; 
  • Upload, post, transmit, share, store or otherwise make available content that is likely to cause or damage the computer, computer system, site, server and services; 
  • Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 
  • Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; 
  • The Site safaawallet is not responsible for incorrect phone entry or incorrect selection of recharge value while recharging the prepaid mobile of the user. 
  • In using this Services, you must comply with all laws, all directions of a Regulator and reasonable directions of Safaa wallet, you must not use, or attempt to use, the services to break any law or to miss-use another person’s rights; 
  • Safaa Wallet is not responsible for problem in recharge due to faulty internet connection, electricity failure or PC system error or any kind of problem on the side of the user during recharge process. Safaa wallet is not liable for any damages in case of any delay in correcting any fault in any Service provided by the ‘site’. 
  • Safaa Wallet is not liable for any changes in talk value by the service provider or validity period by operator. Safaa Wallet is not liable for any problem while recharging. If the user finds a problem with the recharge value of a recharge coupon, the user will need to contact respective service provider’s customer care. 
  • Disputes arising out of the transactions between the user and the Safaa wallet sites are subject to the jurisdiction of courts situated in Theni,Tamil Nadu,India only. Safaawallet reserves the right to ban the users phone number from recharge on the ‘site’ if Safaa wallet  suspects any foul use/ activity/ commercial use of the recharge facility provided by the site. 

Limited User


The Website safaa wallet.com is not for commercial use but is specifically meant for personal use only.

Information Technology Act & Indian Laws

The “User” agrees and undertakes to abide by the provisions of Information Technology Act and/or any other laws/rules/regulations of India. The User impliedly and expressly undertakes to submit to the jurisdiction of enforcing/statutory authorities for any violation of the IT act and other laws.

Proprietary Rights

All the Content on the Site whether text, graphics, pictures, video etc. their selection and arrangement are the proprietary property of the site, its Users or its licensors with all rights reserved. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission, is strictly prohibited and will terminate the registration granted herein.

Exclusions in Online Payment Facility

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

We shall not in any way be liable for any delay, disruption or defects in the Online Payment Facility. You acknowledge that you assume all the risks involved in using our Online Payment Facility and we shall not be in any way liable for any charges,damage, loss, expense or detriment caused (directly or indirectly) by a defect in our Online Payment Facility.

Termination

The User should agree that the Site, in its sole discretion, may terminate the account, password or use of the service, for any reason or if the Site believes that the user has violated or has acted inconsistently with the spirit of Terms of Service. The site also in its sole discretion and at any time may discontinue providing the service, with or without notice. Upon termination, user’s right to use the Site immediately ceases. Further, the user must agree that the Site shall not be liable to anyone for any termination of User access to the service.

Indemnity

The User agrees to indemnify and hold the Site , its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the Content that the User submits, posts, transmits or otherwise makes available through the Service, the use of the Service, the connection to the Service, the violation of this Agreement, or the violation of any rights of another or any violation of any applicable law or any breach of your representations and warranties set forth above.

Limitation of Liability

The site is not to be held liable for special, consequential, incidental, indirect or punitive loss, damage or expenses , data, loss of facilities, or equipment or the cost of recreating lost data regardless of whether arising out of a breach of contract, warranty, tort, strict liability or otherwise. The User shall agree that the Site shall not be liable for any damage, monetary loss resulting from transactions resulting to the damage of the User’s reputation resulting from bogus entries.

 

Links to third-party sites

This Site contains links to third party sites. The linked sites are not under the control of the Site and the Site is not responsible for the contents of any linked site or any link contained in the linked site. The Site provides these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by the Site.

If this site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (collectively “Forums”), User agrees to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By the way of example, and not as a limitation, User agrees that when using a Forum, User shall not do any of the following:

  • Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of Privacy and publicity) of others. 
  • Publish post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. 
  • Upload or attach files that contain software or other material protected by Intellectual Property Laws (or by rights of Privacy and Publicity) unless “User” owns or controls the rights thereto or have received all necessary consents. 
  • Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. 
  • Delete any author attributions, legal notices or Proprietary designation or labels in any file that is uploaded. 
  • Falsify the origin or source of software or other material contained in a file that is uploaded. 
  • Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters. Download any file posted by other user of a Forum that the “User “may know, or reasonably should know, cannot be legally disturbed in such manner. 
  • The “User” acknowledges that all Forums or Discussion Groups are public not private communication. Further, “User” acknowledges that chats, postings, conferences, emails and other communication by other users are not endorsed by the “Site” and such communication shall not be considered reviewed, screened, or approved by the “Site”. The “Site” reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation email and bulletin board postings.

            

Disclaimer

             This site and the contents hereof are provided “as is” and without warranties of any kind
             either expressed or implied to the fullest extent permissible pursuant to applicable law.
             The Site disclaims all warranties , express or implied , and conditions including, but not
             limited to, implied warranties of merchantability, fitness for particular purpose, title and
             non – infringement. Nor does multimedia warrant that the functions of this site or the
             functions contained in the materials of in this site will be interrupted or error – free, that
             defects will be corrected, or that this site or the server’s that make the sites available are
             free of viruses or other harmful components. In no event shall multimedia and/or its
             licensors or suppliers be liable for any special, indirect or consequential damages or any
             damages whatsoever resulting form loss of use, data or profits, whether in an action of
             contract, negligence or other wrongful actions, arising out of or in connection with the
             use or performance of any products, materials or information available from this server.
             This “Site” in whole or in part, could include technical inaccuracies or typographical
             errors.  Changes are periodically added to the information herein. User’s continued use of
             this “Site” following the posting of any change or modification of the terms will mean the
            “User” to accept those changes or modifications.

         

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safaaw February 20, 2019 0 Comments

Privacy Policy

Last updated: February 13, 2019 Safaa Wallet (“us”, “we”, or “our”) operates the Safaa Wallet website (the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at https://safaawallet.com

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information (“Personal Information”) may include, but is not limited to:

  • Name
  • Email address
  • Telephone number

Log Data

We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we discover that a child under 18 has provided us with Personal Information, we will delete such information from our servers immediately.

Compliance With Laws

We will disclose your Personal Information where required to do so by law or subpoena.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us.

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safaaw February 13, 2019 0 Comments

Terms and Conditions

Last updated: February 20, 2019

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://safaawallet.com website (the “Service”) operated by Safaa Wallet (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Safaa Wallet and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Safaa Wallet.

Safaa Wallet has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Safaa Wallet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of India without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

CONSUMER TERMS & CONDITIONS

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.THESE CONSUMER TERMS AND CONDITIONS WERE UPDATED ON FEB 19, 2019 (hereinafter referred as the “Agreement”/ “ Terms of Use”)

FACILITY USER AGREEMENT

IMPORTANT: This Facility user Agreement IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND Safaa Multi Tech Private Limited (Hereinafter referred to as “SAFAA WALLET”). 

READ IT CAREFULLY BEFORE COMPLETING THE LOGIN PROCESS AND USING THE WEBSITE. IT PROVIDES A LICENSE TO ACCESS AND USE THE WEBSITE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE LOGIN NOW BUTTON AND/OR USING THE WEBSITE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE WEBSITE ACCESS AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT LOGIN OR USE THE WEBSITE. IN ORDER TO USE THIS WEBSITE, YOU MUST FIRST READ AND ACCEPT THE TERMS OF THIS LICENSE.

INTRODUCTION ON THE SCOPE OF THIS TERMS AND CONDITIONS

  • Safaa wallet/Safaa Multi Tech Private Limited is best leading Online Service Provider Company in India, a company incorporated under the company Act,2013 and having Registered office at S.F.NO.444/1,FirstFloor,V.K.R.Complex,ThittasalaiRoad,Theni-625331
  • The Company is engaged in the business of online services in the areas of Multi recharge for prepaid,DTH,Utility Bills to the channel partners and dealers and To provide all kinds of online services and all kinds online bookings services and all kinds of consultancy services including online marketing Services, Tours &Travels and Pilgrim services including Haj&Umrah Services and other related business.
  • The USER is engaged in the business of organizing, We are trying to get your wallet filled for all online payment Services, We are trying to give all online services in our portal so that every users can do all services to their customers and other related business.
  • The Company has developed its official website namely safaawallet.com and we are developed Mobile application. users  has the features or offers for example,Multi recharge services, Utilitybills, Busbooking, flights, Tours&Travels holiday packages or etc.
  • The USER has approached the Company and requested the Company to provide service to the USER intending to purchase or inquiring for any products and/ or services of the Company by using Company’s websites or using any other customer interface channels of Company which includes its sales persons, offices, call centers, advertisements, information campaigns etc. to permit them to use of the website.
  • The Company accepted the offer of User and wishes to have a business relationship as subject to the following terms and conditions..

1.DEFINITIONS

Unless the contrary intention appears:

    1. an agreement / document / undertaking / deed / instrument / indenture / writing includes all amendments made thereto from time to time as also all schedules, annexure and appendices thereto;
    2. an “amendment” includes a supplement, modification, novation, replacement or re-enactment and “amended” is to be construed accordingly;
    3. “authorization” includes an authorization, consent, clearance, approval, permission, resolution, license, exemption, filing and registration;
    4. “Encumbrance” includes a mortgage, charge, lien, pledge, hypothecation, security interest or any lien or any right of any description whatsoever;
    5. “person” includes an individual, statutory corporation, body corporate, partnership, joint venture, association of persons, Hindu Undivided Family (HUF), societies (including co-operative societies), trust, unincorporated organization, government (central, state or otherwise), sovereign state, or any agency, department, authority or political subdivision thereof, international organization, agency or authority (in each case, whether or not having separate legal personality) and shall include their respective successors and assigns and in case of an individual shall include his legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or the trustees for the time being;
    6. “law” includes any constitution, statute, law, rule, regulation, ordinance, judgement, order, decree, authorisation, or any published directive, guideline, requirement or governmental restriction having the force of law, or any determination by, or interpretation of any of the foregoing by, any judicial authority, whether in effect as of the date of the Facility User Agreement or thereafter and each as amended from time to time;
    7. The words “include” or “including” shall be construed without limitation;
    8. a gender shall include references to the female, male and neuter genders;
    9. a “month” is a reference to a period starting on one day in a calendar month and ending on the date immediately before the numerically corresponding day in the next calendar month, except that if there is no numerically corresponding day in the month in which that period ends, that period shall end on the last day in that calendar month;
    10. The singular includes the plural (and vice versa);
    11. “Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site.
    12. “Content” also includes Marks and Products and Services.
    13. “Mark” means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
    14. “USER” means an individual who has registered with the Site. Member choose a User ID and a password.
    15. “USER ID” means the e-mail address you use (with your password) to login to the Site.
    16. “Safaawallet” or “we” and its subsidiaries and affiliates.
    17. “Products and Services” means the Multi recharge services Prepaid recharge,postpaid,Dth,Utility bills,Bus booking and all kinds of online services and other items available through the Site.
    18. xviii.“Provider” means Safaawallet/Safaa Multi Tech pvt ltd licensors, suppliers, information providers, and travel and leisure service providers.
    19. “Purchase” means to book, reserve, or purchase. The terms “Site”, “Marks”, “Content” and “Products and Services” do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party’s website.
    20. “website” means the Safaawallet.com website and Mobile Application services, and their respective subsites, together with the respective Content, Marks, Products and Services available from these sites and subsites.
    21. “Confidential Information” means any and all information in whatever form whether disclosed orally or in writing or whether eye readable, machine readable or in any other form including, without limitation, the form, materials and design of any relevant equipment or any part thereof, the methods of operation and the various applications thereof, processes, formulae, plans, strategies, data, know¬how, designs, photographs, drawings, specifications, technical literature and any other material made available by one Party to the other Party or gained by the visit by one Party to any establishment of the other Party whether before or after this Agreement is entered into, for the purpose of considering, advising in relation to or furthering the negotiations (and any information derived from such information).
  1. SCOPE OF THE AGREEMENT:
    • The Company agrees to permit the User to register its details in the Company’s website. The user shall choose a password and shall maintain the confidentiality of the password and account. The user is fully responsible for all activities that occur while using their password or account. It is the duty of the user to notify the Company immediately of any unauthorized use of their password or account or any other breach of security. The Company will not be liable for any loss that may be incurred by the user as a result of unauthorized use of their password or account, either with or without their knowledge.
    • The Company reserves the right, in its sole discretion, to terminate the access to any or all Company’s websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
    • In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by the Company like online services and holiday packages etc. Such TOS will be provided/ updated by the Company which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail.
    • Additionally, the Company itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers’ fare rules, contract of carriage or other rules.
    • The Company’s Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail the Company’s Services.
    • The USER agrees that they shall not distribute exchange, modify, sell or transmit anything from the Company’s website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
    • It is agreed between the parties that, as long as the USER comply with the terms of Use, the Company agrees provide a non–exclusive, non–transferable, limited right to enter, view and use its website to the USER. The USER agrees not to interrupt or attempt to interrupt the operation of this website in any manner.
    • Access to certain areas of the Company’s website may only be available to registered members. To become a registered member, the USER shall answer certain questions. Answers to such questions may be mandatory and/or optional. The USER represents and warrants that all information’s are true and accurate.

The products and services displayed on the website may not be available for purchase in particular country or locality of the USER. The reference to such products and services on the website does not imply or warrant that these products or services shall be available at any time in particular geographical location. The User shall check with local Company’s authorized representative for the availability of specific products and services in the USER area.

3.TERM AND TERMINATION:

    • This Agreement shall take effect and become binding upon the Parties immediately after the party has signed in into the website.
    • Notwithstanding anything contained in this Agreement, and without prejudice to its other rights in law or equity and without any liability and judicial intervention, this Agreement may be terminated by the Party not in default (the “Non-Defaulting Party”) by giving a thirty (30) days’ written notice to the Party in default (the “Defaulting Party”) if any of the following events (hereinafter referred to as an “Event of Default”) occurs:
      1. Either Party commits a breach of this Agreement and such breach, if capable of remedy, is not remedied by the Defaulting Party within the aforesaid thirty (30) days’ notice period;
      2. Any change in control of either Party. For the purpose of this sub-clause, the Party in respect of which a change in control occurs will be deemed to be the Defaulting Party; or
      3. If either Party goes into liquidation (other than a voluntary liquidation for the purposes of reconstruction and where all the rights and obligations are validly assigned), administration or receivership or ceases to carry on its business or is otherwise insolvent or unable to pay its debts on time.
    • This Agreement may be terminated by the mutual written consent of the Parties.
    • Upon termination of this Agreement for whatever reason, all the rights and obligations of the Parties hereunder shall cease.

4.USER’S RESPONSIBILITY OF CONGNIZANCE OF THIS AGREEMENT:

    • The USER shall download copy/copies of the Content to be used only by USER for your personal use unless the sub–site you are accessing states that USER may not. By download any Content from website, the USER shall not remove any copyright or trademark notices or other notices that go with it.
    • The Company agrees to make every effort to ensure that the description and content on each page of the website is correct, it does not, however, take responsibility for changes that occur due to human, data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, the Company does not own and other suppliers and cannot therefore control or prevent changes in the published descriptions. The Company reserves the right to make such changes and in the event of USER placing an order with the Company or choosing to avail the services, the same will be communicated to USER before the confirmation invoice is made.
    • The USER should not take any action based on information on the website until received a confirmation of the transaction. The Company shall send confirmations within 24 hours of Purchase. If you have not received a confirmation of the purchase via e-mail, (check in “spam” or “junk” folder to verify that it has not been misdirected), and if still not found, USER shall contact customer service department of the Company.
    • The Company agrees to take all measures to exclude viruses from the website, but cannot ensure that the website will be at all times free from viruses or other destructive software. The USER shall take appropriate safeguards before downloading information from the website. The Company shall not hold any responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the website.
    • It is agreed between the parties that, although most travel, including travel to international destinations is completed without incident; travel to certain destinations may involve greater risks than others. The USER shall review and evaluate travel prohibitions, warning, announcements, and advisories issued by the government and the aviation administration before booking travel to international destinations. By offering for sale travel to particular international destinations, the Company does not represent or warrant that travel to such point is advisable or without risk. The Company does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.
    • The Company’s websites may contain links to other websites. The linked sites are not under the control of the Company and hence, the Company is not responsible for the content of any linked site, or any changes and updates to a linked site. The Company is providing these links to the USER only as a convenience, and the inclusion of any link does not entail endorsement by the Company of the site or any association with its operators or owners.
    • The Company shall allow links from a third party site to the home page of the website, through a plain text link, provided that USER shall:
      • Give prior written notice to the Company.
      • Discontinue providing a link to our Site if so requested by the Company.
      • Not imply in any fashion that Company is endorsing any of products or service or is affiliated with the USER.
      • Not to present the Company in a false light, or provide misleading or false information about the Company, or its website or Services.
      • Not remove or obscure the copyright notices, or other notices on the website.
      • Not use any Mark of the Company; and
      • Not replicate, frame or mirror the content of the website.
    • The Company reserves the right to compel the USER to remove links to the website, in its sole discretion. Linking to any page of the website other than to the homepage is strictly prohibited in the absence of a separate linking agreement with the Company.
    • The Company acts only as a booking agent, it accepts no liability whatsoever for any part of the arrangements between the supplier and the customer with regard to the standard of service. In no circumstances the Company shall be liable for the services provided by the supplier/third party.
    • If the website contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities, the USER agrees to use the same only to send and receive messages and materials that are proper and related thereto. The USER agrees that when using the website or any facility available there from, shall not do any of the following:
      • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
      • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
      • Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefore as may be required by law
      • Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.
      • Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
      • Falsify the origin or source of software or other material contained in a file that is uploaded.
      • Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
    • The USER agrees that, they shall not post or transmit any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. The Company assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. The Company may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates the Company’s policies in any manner way.
    • The Company agrees to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting such materials.
    • Any communications or materials send by the USER to the website by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by the Company, as non–confidential. The USER hereby give up any and all claim that any use of such material violates any of rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way the Company uses such material. Further, any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by the Company.

5.OWNERSHIP:

    • It is agreed between the parties that, all materials on website, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by copyright under international conventions and copyright laws. The USER shall not use the Content, except as specified therein. The USER agrees to follow all instructions on website limiting the way USER may use the Content. The website is the sole and exclusive property of the Company or its licensors. The Company and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website. The website is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of the website may violate such laws.
    • There are a number of proprietary logos, service marks and trademarks found on website whether owned/used by the Company or otherwise. By displaying them on the website, the Company is not granting the USER any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

6.FEES PAYMENT:

    • The Company reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. The Company further reserves the right to alter any and all fees from time to time, without notice. The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
    • In case, there is a short charging by the Company for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
    • In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, the Company shall process the refund and intimate the USER of the same. The Company is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.

7.USAGE OF MOBILE NUMBER OF THE USER BY THE COMPANY: 

The Company agrees to send booking confirmation & itinerary information & update the USER on the booking status and any further itinerary information via SMS (short messaging service) on the mobile number given by the USER at the time of booking. The USER hereby unconditionally consents such intimation via SMS by the Company in accordance with the ‘Do not disturb’ guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad.

8.PERSONAL AND NON-COMMERCIAL USE LIMITATION:


Unless otherwise specified, the Company services are for the User’s personal and non – commercial use. The User may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Company’s website(s) without the express written approval from the Company.

9.RIGHT TO CANCELLATION BY THE COMPANY IN CASE OF INVALID
    INFORMATION FROM THE USER:

    • The USER expressly undertakes to provide to the Company only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from the Company.
    • In case if the Company discovers or has reasons to believe at any time during or after receiving a request for services from the USER that the request for services is either unauthorized or the information provided by the USER or any of them is not correct or that any fact has been misrepresented by them, the Company in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, the Company shall not be responsible or liable for any loss or damage that may be caused to the USER or any of them as a consequence of such cancellation of booking or services.
    • The User unequivocally indemnifies the Company of any such claim or liability and shall not hold the Company responsible for any loss or damage arising out of measures taken by Company for safeguarding its own interest and that of its genuine customers. This would also include Company denying/cancelling any bookings on account of suspected fraud transactions.

10.PRIVACY AND SECURITY:


   The user hereby consents, expresses and agrees that they have read and fully understands the Privacy
   Policy of the Company contained in the Company websites and hereby consents that the terms and
    contents of such Privacy Policy are acceptable to them.

11.DISCLAIMER OF WARRANTY:

    • The Company and its Providers make no warranty of any kind regarding the website, Content, Products or Services, all of which are provided on an “as is” basis. The Company and its Providers expressly disclaim any representation or warranty that the website will be free from errors, viruses or other harmful components, that communications to or from the website will be secure and not intercepted, that the Services and other capabilities offered from the website will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that the Company is including or offering any Product or Service on the website is not an endorsement or a recommendation of the Product or Service.
    • Other than those warranties which, under the laws applicable to these terms, are implied by laws, and are incapable of exclusion, restriction or modification, the Company and its providers expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

12.THIRD PARTY DISCLAIMER:

          Safaawallet/Safaa Multi Tech Private Limited Makes No Warranty of any kind.Whether express or
          implied,with regard to any third party products,Third Party content or any services,obtained from
          Third party.

13.LIMITATION OF LIABILITY:

    • Subject to applicable law, use of the website and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of the Company.
    • In no event the Company or its providers be liable to any party for any direct, indirect, special or other consequential damages for any use of this site, any hyper linked web site, the acts or omissions of providers who furnish products or services through this site, or the products or services offered by providers through this site, including, without limitation, whether based in contract, tort, negligence, strict liability or otherwise, that arises out of or is in any way connected with(i) any use of, browsing or downloading of any part of our site or content, (ii) any failure or delay (including without limitation the use of or inability to use any component of this site for reservations or ticketing), or (iii) the performance or non performance by us or any provider, or (iv) any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, even if the Company and the provider(s) have been advised of the possibility of damages to such parties or any other party.

14.CONFIDENTIALITY:

    • Each of the Parties recognizes, accepts and agrees that all information obtained or disclosed, including but not limited to all data, documents, applications, papers, statements, slips, programmers, plans and/or any business/ customer information, marketing strategies/plans and any and all other trade secrets, confidential knowledge or information of either Party relating to its business, practices and procedures (hereinafter collectively referred to as “Information”) which may be provided or communicated by such Party to the other Party in connection with this Agreement and/or in the course of performance under this Agreement, is, shall be and shall remain the sole property of the Party providing such Information and shall be of a strictly private and confidential nature and shall be treated as confidential by the other Party.
    • During the term of this Agreement and thereafter, neither Party shall not make use of any such Information for any purpose whatsoever which is not necessary for the discharge of its obligations under this Agreement, or to the disadvantage of the Party providing such Information, nor shall the Party receiving such Information divulge it to any one other than the Party providing the Information or persons designated by such Party.
    • All Information shall be returned forthwith by the Party receiving such Information to the Party providing the Information on the expiry or termination of this Agreement:
    • Provided that the Party receiving such Information shall, upon demand by the Party providing it at any time during the term of this Agreement, return to the Party providing it, any and all Information.
    • The obligations of each of the Parties contained in this clause shall continue for the term of this Agreement and five (5) years after the termination of this Agreement but shall not apply to any Information which: (a) is or hereafter comes into the public domain otherwise than through a breach by any Party of its obligations under this Agreement; (b) is, at the time of disclosure, already known to the Party receiving the Information as evidenced by such Party’s written documentation; (c) is independently developed by employees of the Party receiving the Information who have not had access to or received any such Information under this Agreement; or (d) is required to be disclosed for the purpose of providing Assistance hereunder subject to the other Party’s prior consent to the same:

Provided, however, that nothing contained in this clause shall prevent any Party from disclosing such Information to the extent required in or in connection with legal proceedings arising out of this Agreement or any matter relating to or in connection therewith.

    • Neither Party shall issue any public statement concerning these arrangements or disclose the contents hereof or matters related thereto to the public or any third party except with the express prior written approval of the other Party or except as required under applicable law.
    • The provisions of this clause shall survive the termination or expiry of this Agreement.

15.INSURANCE:


Unless explicitly provided by the Company in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and the Company doesn’t accept any claims arising out of such scenarios. Insurance, if any provided as a part of the service/ product by the Company shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and the Company shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

16.RIGHT TO REFUSE:

    • The Company at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by the Company is not complete until full money towards the service is received from the customer and accepted by Company.
    • Without prejudice to the other remedies available to the Company under this agreement, the TOS or under applicable law, the Company may limit the user’s activity, or end the user’s listing, warn other users of the user’s actions, immediately temporarily/indefinitely suspend or terminate the user’s registration, and/or refuse to provide the user with access to the website if:

        a.The user is in breach of this agreement, the TOS and/or the documents it incorporates by reference;

        b.The Company is unable to verify or authenticate any information provided by the user; or

        c.The Company believes that the user’s actions may infringe on any third party rights or breach any
           applicable law or otherwise result in any liability for the user, other users of the website and/or the
           Company.

    • The Company may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with the Company or use the website in any manner whatsoever until such time that the user is reinstated by the Company.
    • Notwithstanding the foregoing, if the USER breaches this agreement, the TOS or the documents it incorporates by reference, the Company reserves the right to recover any amounts due and owing by the user to the Company and/or the service provider and to take strict legal action as the Company deems necessary.

17.FORCE MAJURE:

    • The USER agrees that there can be exceptional circumstances where the service operators like the online services, Bus bookings, airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If the Company is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The user agrees that the Company being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
    • The User agrees that in situations due to any technical or other failure In the Company, services committed earlier may not be provided or may involve substantial modification. In such cases, the Company shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of the Company against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
    • The Company shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.
    • Without prejudice to whatever is stated above, the maximum liability on part of the Company arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by the Company for its services.
    • In no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Company website(s) or any other channel . Neither shall Company be responsible for the delay or inability to use the Company websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Company website(s), or otherwise arising out of the use of the Company website(s), whether based on contract, tort, negligence, strict liability or otherwise.
    • The Company is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

18.VISA OBLIGATIONS OF THE USER:


The travel bookings done by the Company are subject to the applicable requirements of Visa which are to be obtained by the individual traveler. The Company is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.

19.INDEMNIFICATION:


The USER agrees to indemnify, defend and hold harmless the Company and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement. The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Company cannot be held responsible for the same.

20.HEADINGS AND SUBHEADINGS:


The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of the Company websites and App or its partner websites or any provision hereof in any manner whatsoever. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular the Company website, then these terms shall control.

21.RELATIONSHIP:


    None of the provisions of any agreement, terms and conditions, notices, or the right to use the website  
    by the User contained herein or any other section or pages of the Company websites or its partner
    websites, shall be deemed to constitute a partnership between the User and the Company and no party
    shall have any authority to bind or shall be deemed to be the agent of the other in any way

22.NOTICE:


    All notices required or permitted hereunder shall be in writing and in the English language and shall be
    sent by internationally recognized courier or by facsimile transmission (with confirming facsimile
    receipt) addressed to the address of each Party set forth below, or to such other address as such other
    Party shall have communicated to the other Party in writing. Notice shall be deemed to have been
    served when received (and in case of a facsimile transmission, provided that a confirming copy is sent
    to the other Party, in accordance with the non-facsimile notice delivery requirements).

    Ifto: SAFAAMULTITECHPRIVATELIMITED,S.F.NO.444/1,01STFLOOR,V.K.R.COMPLEX,

    THITTASALAI ROAD,THENI-625531

23.SEVERABILITY:

    If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such
    invalidity or unenforceability shall attach only to such provision or part of such provision and the
    remaining part of such provision and all other provisions of this Agreement shall continue to be in full
    force and effect.

24.UPDATION OF THE INFORMATION BY THE COMPANY: 

     The User acknowledges that the Company provides services with reasonable diligence and 
     care. It endeavors its best to ensure that User does not face any inconvenience. However, at
     some times, the information, software, products, and services included in or available through
     the Company websites or other sales channels and ad materials may include inaccuracies or
     typographical errors which will be immediately corrected as soon as the Company notices
     them. Changes are/may be periodically made/added to the information provided such. The
     Company may make improvements and/or changes in the Company websites at any time
     without any notice to the User. Any advice received except through an authorized
     representative of the Company via the Company websites should not be relied upon for any
     decisions.

25.NO WAIVER: 


Save where this Agreement expressly provides, neither Party shall be deemed to have waived any right, power, privilege or remedy under this Agreement unless such Party shall have delivered to the other Party a written waiver signed by an authorised officer of such waiving Party. No failure or delay on the part of either Party in exercising any right, power, privilege or remedy hereunder shall operate as a waiver, default or acquiescence thereof, nor shall any waiver on the part of either Party of any right, power, privilege or remedy hereunder operate as a waiver of any other right, power, privilege or remedy, nor shall any single or partial exercise of any right, power, privilege or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power, privilege or remedy hereunder.

26.AMENDMENTS AND MODIFICATIONS: 


The Company reserves the right to change the terms, conditions, and notices under which the Company websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.

27.GOVERNING LAWS AND ARBITRATION:

1. Any dispute, difference, controversy or claim (“Dispute”) arising between the Parties out of or in relation to or in connection with this Agreement, of the breach, termination, effect, validity, interpretation or application of this Agreement or as to their rights, duties or liabilities there under, or as to any act, matter or thing arising out of, consequent to or in connection with this Agreement, shall be settled by the Parties by mutual negotiations and agreement. If, for any reason, such Dispute cannot be resolved amicably by the Parties, the same shall then be referred to and settled by way of arbitration proceedings in accordance with the Arbitration and Conciliation Act, 1996 or any subsequent enactment or amendment thereto (the “Arbitration Act”). A sole Arbitrator shall be appointed by the Company. The decision of the Arbitrator shall be final and binding upon the Parties. The venue of arbitration proceedings shall be Theni. The language of the arbitration and the award shall be English. This Agreement shall be construed in accordance with the law of India.

    2. DEFINITIONS AND INTERPRETATION
    
In this Terms of Use, unless the contrary intention appears and/or the context otherwise
     requires, capitalised terms defined by: (i) inclusion in quotations and/ or parenthesis have the
     meanings so ascribed; and (ii) the following terms shall have the meanings assigned to them
     herein below

   “Applicable Law” Includes all applicable Indian statutes,enactments,acts of the state
     legislature or parliament ,laws,ordinances,rules bye-laws, regulations, notifications,
     guidelines, directions, directives and orders of any governmental authority, statutory
     authority, board, recognised stock exchange, as may be applicable including but not limited
     to Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial Services
    by Banks, Business Correspondent Guidelines issued by RBI from time to time, Payment &
    Settlement Systems Act, 2007, Payment & Settlement Systems Regulations, 2008, Policy
    Guidelines on Issuance and operation of Pre-paid Payment Instruments in India, and any other
    guideline in relation to prepaid cards issued from time to time by Reserve Bank of India and in
    each case, any implementing regulation or interpretation issued thereunder including any
    successor Applicable Law;

28.“KYC Guidelines

       KYC” shall mean the Know Your Customer (KYC) guidelines as set forth by Governmental
       Authority including RBI for the Purpose of Avoiding AML
      “Full KYC Membership Account” shall mean the Membership Account operated as per the
        prescribed regulatory limits for which the Applicant has provided self-attested copies of
       valid Proof of Identity, Proof of Address and relevant KYC details as per the KYC guidelines;

     “Low KYC Membership Account” shall mean the Membership Account operated as per the
       prescribed regulatory limits set forth by the by Governmental Authority including RBI and for which
       the Applicant has only submitted his name and mobile number;

29.TAXES:

      Tax or Taxes shall mean any and all taxes ,cess,levies,imposts,duties,charges,deposites,
      fees,deductions, withholdings that are ,or
that are to be, imposed, levied, collected,
     withheld or assessed, together with any and all interest, penalties, claims or other liabilities
      arising under or relating thereto;

30.  MISCELLANEOUS:

    • This Agreement represent the entire Agreement between the Parties as to the subject matter hereof and supersede all prior understandings between the Parties on the subject-matter hereof.
    • No amendments and/or modifications to this Agreement shall be valid unless executed in writing and signed by authorized persons of the both Parties.
    • Termination of this Agreement for any cause whatsoever shall not release a Party from any liability which, at the time of termination, has already accrued to the other Party or which may thereafter accrue in respect of any act or omission prior to such termination.
    • Article headings are inserted for convenience of reference only and shall not be deemed to affect the interpretation of this Agreement or of any clause.
    • Each Party shall co-operate with the other and execute and deliver to the other such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, give effect to and confirm their rights and the intended purpose of this Agreement.
    • No remedy conferred by any of the provisions of this Agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, or any other remedy given hereunder or now or hereafter existing at law, in equity, by statute, or otherwise, except as stated to the contrary in this Agreement. The election of any one or more of such remedies by any of the Parties hereto shall not constitute a waiver by such Party of the right to pursue any other available remedy.
    • The provisions of the following clauses of this Agreement shall survive the termination or expiry hereof:


31.JURISDICTION:
     

      The Company hereby expressly disclaims any implied warranties imputed by the laws of any
       jurisdiction or country other than those where it is operating its offices. The Company
       considers itself and intends to be subject to the jurisdiction only of the courts of  Theni,
       India.

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safaaw February 13, 2019 0 Comments