RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION
TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED
PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS
STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS
AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL
THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN
YOU (DEFINED BELOW) AND FREECHARGE PAYMENT TECHNOLOGIES PRIVATE
LIMITED, A COMPANY INCORPORATED UNDER COMPANIES ACT, 2013 HAVING ITS
REGISTERED OFFICE AT ("FREECHARGE"). FREECHARGE IS A WHOLLY OWNED
SUBSIDIARY OF JASPER INFOTECH PRIVATE LIMITED WHICH IS INTER ALIA DOING
BUSINESS AS "SNAPDEAL" .
THE TERMS OF THIS AGREEMENT WILL BE EFFECTIVE UPON
YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM
OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP
BETWEEN YOU AND FREECHARGE FOR THE USE OF SINGLE-SIGN-ON SERVICES
THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN
ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION
TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION
TECHNOLOGY ACT, 2000.
By accessing Website or Mobile Applications, for
registering or for using our Services, You are agreeing to the Terms
and Conditions set out below and will be bound by them. Unless the
context requires otherwise the terms defined shall have the same
meaning attributed to them in these Terms and Conditions:
By agreeing to these Terms and Conditions, You represent the following:
- You are eighteen (18) years old or older. If You
are below the age of eighteen (18) years, please read through these
Terms and Conditions with Your parent or legal guardian, and only use
the Services with the permission of Your parent or legal guardian in
accordance with the applicable laws.
- Capable of entering into a legally binding agreement.
- You have not been previously suspended or removed from any services availed under Freecharge account.
- You have valid and subsisting right, authority,
and capacity to enter into these Terms and Conditions and to abide by
all of the terms and conditions contained herein.
- You are not impersonating any person or entity,
or falsely stating or otherwise misrepresenting identity, age or
affiliation with any person or entity.
All references in this Terms and Conditions to "You"
or "Your" shall refer to the users or Customer of Website or Merchant
site(s). All references in this Terms and Conditions to "We," "Us," or
"Our" shall refer to Freecharge.
In this document, unless the context otherwise
requires, the following word and phrases shall have the meanings
ascribed to them hereunder:
- "Affiliate Site(s)" shall mean webpages, websites, mobile sites, mobile application and online platforms of
Freecharge, Jasper Infotech Pvt. Ltd. (www.snapdeal.com), Accelyst
Solutions Pvt. Ltd. (www.freecharge.in), prepaid payment instrument
provided by Yes Bank Limited, and any other affiliate as may be
determined by Freecharge from time to time.
- "Customer" means the registered user of Freecharge account.
- "Freecharge account" shall
mean the account created by the Customer using Single-Sign-On Services
provided by Freecharge which would give the Customer access to
Affiliate Site(s) and Merchant Site(s).
- "Merchant(s)" shall mean
seller(s), retailers or e-commerce marketplaces or such other business
entities which allow Customers to use Freecharge account at their
website, mobile site, mobile application or establishments.
- "Mobile Application(s)" shall mean the software application(s) which inter alia, enables Freecharge account through the mobile-device.
- "Single-Sign-On Services" or "Services" shall
mean a session/user authentication process that permits a user to
enter his/her name or mobile number or e-mail address or any
combination thereof and password in order to access Affiliate Site(s).
- "Terms and Conditions" shall mean these terms and conditions.
- "Website" shall mean website
having the domain https://www.account.freecharge.in, mobile site,
Mobile Application(s) or online interphases, through which Freecharge
shall among other things enable Single-Sign-On Services.
REGISTRATION AND SINGLE-SIGN-ON SERVICES
- A user desirous of availing the Freecharge
account should register for Freecharge account using Single-Sign-On
Services at any of the Affiliate Site(s) or Merchant site(s) and accept
these Terms & Conditions.
- Freecharge among other things offers
Single-Sign-On Services to users. Single-Sign-On Services offer
Customers the possibility, after a one-off registration on one of the
Affiliate Sites to sign on to all the Affiliate Sites with the Sign On
Data. Single-Sign-On Services are enabled for all the users registering
(signing up) at Affiliate Site(s). Single-Sign-On Services are also
enabled for Customers at Affiliate Site(s) at the time of signing in or
otherwise. Freecharge is however entitled to reject users or Customers
for Single-Sign-On Services without giving reasons. Single-Sign-On
Services may be extended by Freecharge for registration on Merchants’
sites (other than Affiliate Site(s)) with the consent of users and
- Freecharge shall have a right, not to consider or reject any request for registration, without assigning any reason.
- In order to allow use of Single-Sign-On Services,
Freecharge may require that You submit certain personal information,
such as Your name, address, mobile phone number, e-mail address, date
of birth, and permanent account number (PAN) to Freecharge ("Data" or
"Sign On Data"). During the registration process, or when You access
the Freecharge account through Single-Sign-On Services from a Mobile
Application, Your mobile phone's device ID may be stored. You agree
that the Data You provide upon registration and at all other times will
be true, accurate, current and complete. You agree to maintain and
update this Data in case of any changes or inconsistencies.
- Registration can also be completed by means of
particular social media networks that are offered. This requires that
You already have a user account at the relevant social media network.
If You use this feature of the social media network, the terms and
conditions of use and data privacy policies of that particular social
media network shall also apply. Freecharge may acquire Your certain data
or information from such social media network to the extent permitted
by such social media network, and such data or information then will be
USAGE AND DISCLOSURE OF DATA
- Freecharge may share some or all information
provided by You with Affiliate Site(s), Merchants or any other third
parties as may be necessary for the efficient provision of
Single-Sign-On Services by Freecharge. You hereby authorise Freecharge
to provide such information to such third parties, provided that,
Freecharge may, irrespective whether required under law or otherwise,
seek additional information or documents from You on behalf of itself
or such third parties, for verifying any information provided during
the registration. Data available with Freecharge or otherwise obtained
from the Website will not be used for any unauthorized and unlawful
- The Affiliate Sites may have their respective
independent of these terms and conditions. For the Single-Sign-On
Services these Terms and Conditions apply exclusively, whereas for the
use of the Affiliate Sites their business, user terms and conditions
- The Sign On Data is intended solely for personal
use by the Customer and therefore always to be kept secret and safe.
The Customer is not entitled to share his Sign On Data details with
third parties to use the Single-Sign-On services or to disclose them
otherwise. The user is obliged to inform us immediately on becoming
aware of and/or suspecting a case of any unauthorized use, disclosure
and / or misuse of their Sign On Data or of their user account.
Furthermore, the user is obliged not to use the Sign On Data or user
account of another person.
- You agree and acknowledge that You are providing
your Information out of your free will. You have an option not to
provide or permit Freecharge to collect Your Information or later on
withdraw Your consent so provided herein by sending an email to the
grievance officer or such other electronic address of Freecharge as may
be notified to You. In such case, You should neither visit any Website
nor use any services provided by Freecharge nor shall contact
Freecharge. In case You chose not to provide or later on withdraw Your
consent, Freecharge reserves its right not to provide Services for
which the said information was sought.
- You hereby agree and acknowledge that in the
event of non- compliance of the Terms and Conditions for usage and
access to Single-Sign-On Services, Freecharge has the right to
terminate Your access or usage limits and also have the authority to
remove any/all non-compliant information.
- Freecharge may at its sole discretion, utilize
the services of external service providers/or agents and on such terms
as required or necessary, in relation to its Single-Sign-On Services.
- You shall be solely responsible for maintaining
the confidentiality, prevention of unauthorised use or any other breach
of security of the Freecharge account and Single-Sign-On Services and
shall ensure that You take all necessary steps towards safekeeping of
Sign On Data and authorized use of the Freecharge account and
Single-Sign-On Services. You agree to (a) immediately notify Freecharge
of any unauthorized use of Your Sign On Data or Freecharge account or
any other breach of security, and (b) ensure that You securely exit
from Your Freecharge account at the end of each session.
TERMINATION OF SERVICES
- Freecharge may suspend, restrict, discontinue or
deny access to or terminate the Services for, including but not limited
to, any of the following actions:
- 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 employees and representatives of Freecharge;
- 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 Freecharge or its business associates, or
which violates any restriction or policy established by Freecharge, its
affiliates, Merchants or its business associates;
- submission of any content that falsely expresses or implies that such content is sponsored or endorsed by us;
- publishing on or transmitting from Freecharge'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
- 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
- creating user accounts by automated means or under false or fraudulent pretences;
- if Freecharge, in its reasonable opinion, that cessation/ suspension is necessary.
5.1 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.
- Freecharge reserves the right at any time to charge the Customer any fees / charges for using Single-Sign-On Services.
- However, such fees / changes will be applicable only with prospective effect giving prior notice to the Customer.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
- Website, Single-Sign-On Services and all
Information, content, materials, and services included on or otherwise
made available to You through Website, or Single-Sign-On Services are
provided by Freecharge on an "as is" and "as available" basis. Unless
otherwise specified in writing, Freecharge makes no representations or
warranties of any kind, express or implied, as to the operation of
Website, Single-Sign-On Services, information, any application, content
including without limitation: (A) any implied warranties of
merchantability, satisfactory quality, suitability, relaibility,
completeness, performance, fitness for a particular purpose, title, or
non-infringement; (B) that Website, or Single-Sign-On Services will
meet Your requirements, will always be available, accessible,
uninterrupted, timely, secure, operate without error, or will contain
any particular features or functionality; (C) any implied warranty
arising from course of dealing or trade usage, unless otherwise
specified in writing. You expressly agree that Your use of Website
and/or Single-Sign-On Services is at Your sole risk and are using Your
best and prudent judgment before entering into any transactions through
Website and/or Single-Sign-On Services; (D) electronic communications
sent through Website and/or Single-Sign-On Services are free of viruses
or other harmful components.
- Without limiting the foregoing, in no event will
we or any of our Affiliates be liable to You for any failure or delay
by us (or our employees, agents, or representatives) in performing our
obligations under this Agreement, where such failure or delay is caused
by abnormal and unforeseeable circumstances beyond our control, the
consequences of which would have been unavoidable despite all reasonable
efforts to the contrary, or where we are bound by other legal
obligations covered by applicable law.
- To the fullest extent permitted by applicable
law, we and our affiliates (and our and their respective employees,
directors, agents and representatives) will not be liable for any
indirect, incidental, punitive, or consequential damages arising out of
or in connection with these Terms and Conditions, Single-Sign-On
Services (including the inability to use the services). In addition,
and without limiting the foregoing, to the fullest extent permitted by
applicable law, we and our affiliates (and our and their respective
employees, directors, agents and representatives) will not be liable
for any damages arising out of or in connection with any services or
products purchased or transactions entered into through the Services.
To the fullest extent permitted by applicable law, in no event will our
or our affiliates’s (and our and their respective employees,
directors, agents and representatives) aggregate liability arising out
of or in connection with this agreement or the transactions
contemplated hereby, whether in contract, tort (including negligence,
product liability or other theory), warranty, or otherwise, exceed INR
100/- (Indian Rupees One Hundred only).
8.1 You agree to defend, indemnify and hold Freecharge,
and its affiliates and their respective officers, directors, agents
and employees, 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 breach
of Your representations, warranties, or obligations set forth in these
Terms and Conditions; or any actual or alleged infringement,
misappropriation or violation of any third-party rights or applicable
law by Your trademarks used in connection with the or using the Website
and/or Service; or any transaction submitted by You through the
Website and/or Service.
- We reserve the right to make changes to Website,
policies, and these Terms and Conditions at any time, in our sole
discretion. Your use of the Website following any such modification
constitutes Your agreement to follow and be bound by the Terms and
Conditions 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 and Conditions.
ELECTRONIC COMMUNICATIONS AND NOTICE
- When You use the Website or send emails or other
data, information or communication to Freecharge, You agree and
understand that You are communicating with Freecharge through electronic
records and You consent to receive communications via electronic
records from Freecharge periodically and as and when required.
Freecharge will communicate with You by email or by notices on Website
or electronic records on the Website or on Your mobile number which
will be deemed adequate service of notice / electronic record to the
maximum extent permitted under any applicable law,
- All notices with respect to this Agreement from
Freecharge will be served to You by email or by general notification on
the Website. Any notice provided to Freecharge pursuant to these Terms
and Conditions should be sent to Grievance Officer at
11.1 These Terms shall be governed by and shall be construed in accordance with the laws of India ("Applicable Laws
All disputes relating to these Terms shall be settled in the courts
located at New Delhi, India. Each party hereby irrevocably waives any
objection which such party may now or hereafter have to the laying of
improper venue or forum non convenience. Each party agrees that a
judgment in any such action or proceeding may be enforced in other
jurisdictions by suit on the judgment or in any manner provided by law.
Any and all service of process and any other notice in any such suit,
action or proceeding with respect to these terms and conditions shall be
effective against a party if given as provided herein.
11.2 Assignment: You cannot assign or otherwise
transfer this Agreements, or any rights granted hereunder or any
obligations, to any third party and any such assignment or transfer or
purported assignment or transfer shall be void ab initio. Freecharge’s
rights and/or obligations under the Agreement are freely assignable or
otherwise transferable by Freecharge to any third parties without the
requirement of seeking Your prior consent. Freecharge may inform You of
such assignment or transfer in accordance with the notice requirements
under the Agreement. Freecharge shall have right to transfer Your
Freecharge account and Information to a third party who purchases
Freecharge's business as conducted under the Website.
11.3 Severability: If, for any reason, a court of
competent jurisdiction finds any provision of the Agreement, or portion
thereof, to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to give effect to the intent of the
parties as reflected by that provision, and the remainder of the
Agreement shall continue in full force and effect. Freecharge may amend
in a reasonable manner such provision to make it enforceable and such
amendment will be given effect in accordance with the amendment terms
of this Agreement.
11.4 Waiver: Any failure or delay by a party to enforce
or exercise any provision of the Agreement, or any related right,
shall not constitute a waiver by such party of that provision or right.
The exercise of one or more of a party's rights hereunder shall not be
a waiver of, or preclude the exercise of, any rights or remedies
available to such party under this Agreement or in law or at equity.
Any waiver by a party shall only be made in writing and executed by a
duly authorized officer of such party.
11.5 Force Majeure: If performance of any service or
obligation under this Agreement by Freecharge is prevented, restricted,
delayed or interfered with by reason of labor disputes, strikes, acts
of God, floods, lightning, severe weather, shortages of materials,
rationing, utility or communication failures, earthquakes, war,
revolution, acts of terrorism, civil commotion, acts of public enemies,
blockade, embargo or any law, order, proclamation, regulation,
ordinance, demand or requirement having legal effect of any government
or any judicial authority or representative of any such government, or
any other act whatsoever, whether similar or dissimilar to those
referred to in this clause, which are beyond the reasonable control of
Freecharge or its third parties performing such services as
sub-contractor to Freecharge and could not have been prevented by
reasonable precautions (each, a "Force Majeure Event"), then Freecharge
shall be excused from such performance to the extent of and during the
period of such Force Majeure Event. Freecharge shall exercise all
reasonable commercial efforts to continue to perform its obligations
11.6 Notwithstanding the foregoing, such terms of this
Agreement as are meant to survive termination / expiry of this
Agreement, will survive indefinitely unless and until Freecharge
chooses to terminate them.
12.1 In compliance with Information Technology Act,
2000 and the rules made thereunder, the Grievance Officer of Freecharge
for the purpose of this Agreement shall be:
email address: firstname.lastname@example.org
Telephone number 0124-4330000
Freecharge may change the aforesaid details from time to time under intimation to You.