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 240, OKHLA INDUSTRIAL ESTATE, PHASE III, NEW DELHI - 110020 ("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 (DEFINED BELOW).
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 Customers.
- 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.
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 purpose.
- 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 telecommunications equipment;
- manipulating Service identifiers in order to disguise the origin of any content transmitted via the Services;
- collecting or storing personal data about other users;
- interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
- using any robot, spider, website search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
- 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 grievances@Freecharge.in.
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 hereunder.
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: email@example.com
Telephone number 0124-4330000
Freecharge may change the aforesaid details from time to time under intimation to You.