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Website Terms of Use

Last updated on October 15, 2015

THESE WEBSITE TERMS OF USE ("TERMS OF USE") IS AN ELECTRONIC 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. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND SNAPDEAL (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE 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 USER AND SNAPDEAL FOR THE USE OF THE WEBSITE (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 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

These Terms of Use of the website located at the URL www.snapdeal.com and mobile application under the name and style "Snapdeal" (the Website) is between Jasper Infotech Private Limited (hereinafter referred to as "Jasper Infotech" or "Snapdeal" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which Snapdeal offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

These Terms of Use together with the Privacy Policy available at http://www.snapdeal.com/page/terms, the Terms of Sale available at http://www.snapdeal.com/info/termsOfSale, the other policies of the Website available at www.snapdeal.com under "Policy Info" section or elsewhere on the Website, the Seller Agreement available at sellers.snapdeal.com (applicable if You are a seller of the products on the Website) and any other terms which may apply to specific Services ("Additional Service Terms") together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

If you are accessing the Snapdeal mobile application or accessing the Services through the Snapdeal mobile application, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store, Microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.

1.
General
1.1
Jasper Infotech is a company incorporated under the laws of India, with its registered office at 238, 1st Floor, Okhla Industrial Estate, Phase III, New Delhi - 110020, India and having CIN U72300DL2007PTC168097. Jasper Infotech is an intermediary in the form of an online marketplace and is limited to managing the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.

1.2
These Terms of Use are subject to revision by Jasper Infotech at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, You can determine when Snapdeal last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be Your responsibility to check these Terms of Use periodically for changes. Snapdeal may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.

1.3
If there is any conflict:
(i) between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence' but only to the extent of the conflict;
(ii) between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service;
(iii) between the Seller Agreement and any other part of these Terms of Use, the Seller Agreement shall take precedence but only to the extent of the conflict;
(iv) between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

2.
Services
2.1
The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
3.
Eligibility to Use
3.1
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Snapdeal system by Snapdeal for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Snapdeal and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
3.2
Snapdeal reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3
You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.



4.
User Account, Password, and Security
4.1
You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.

4.2
Registered users: Snapdeal makes certain sections of the Services available to You through the Website only if You have provided Snapdeal certain required User information and created an account and a Snapdeal ID through certain log-in ID and password ("Account"). You can create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (Snapdeal ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").

In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Snapdeal of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Snapdeal cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Snapdeal or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Snapdeal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Snapdeal has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

4.3
Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.

4.4
Depending upon whether You are a seller or a buyer or another user who otherwise wish to use the Website, and the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and Snapdeal may collect certain personal information. Your provision of, and Snapdeal's collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Snapdeal's privacy policy, which is available at http://www.snapdeal.com/page/terms ("Privacy Policy").





5.
Payments related Information
5.1
Presently, Snapdeal does not levy any fee for browsing the Website or buying the Products on the Website. Snapdeal may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. Snapdeal will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service. You agree that Snapdeal may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.

5.2
You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Snapdeal expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
5.3
Snapdeal may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) or receive (if You are a seller) in the course of a single transaction. Snapdeal will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, Snapdeal 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 You/cardholder having exceeded the preset limit mutually agreed by Snapdeal with its bank from time to time.
5.4
For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and Snapdeal does not control the same and shall be liable for the same.
5.5
Payment Facility for Your orders: Snapdeal may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of Snapdeal's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. Snapdeal shall initiate the remittance of the payments made by Your for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between Snapdeal and sellers.

6.
User Obligations And Role Of Snapdeal
6.1
Subject to compliance with the Agreement(s), Snapdeal grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
6.2
You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.
6.3
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with clause 7.
6.4
You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Snapdeal. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
6.5
If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.
6.6
The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to Snapdeal using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Snapdeal does not endorse any User Content on the Website and is not responsible or liable for any User Content. Snapdeal reserve the right to disable access to the User Content on the Website.
6.7
You hereby grant Snapdeal a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.
6.8
You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that Snapdeal is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Snapdeal is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). Snapdeal neither recommends You to buy or sell any Products on the Website nor does Snapdeal endorses any such Products and nor does Snapdeal provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, Snapdeal does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.
6.9
When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
  • belongs to another person and to which the User does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnicall objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  • harms minors in any way;
  • impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  • attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Snapdeal server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
  • probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Snapdeal, including any Snapdeal Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
  • disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  • use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Snapdeal or other third parties;
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • violate any applicable laws or regulations for the time being in force within or outside India;
  • violate the terms of the Agreement.
6.10
You agree that You are solely responsible to Snapdeal and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which Snapdeal or its affiliates or its vendors may suffer) for any such breach.
6.11
Snapdeal does not pre-screen User Content. Snapdeal has no obligation to monitor any User Content. However, Snapdeal at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if Snapdeal determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where Snapdeal removes any User Content from the Website, Snapdeal will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negate or dilute Snapdeal's position as an intermediary or impose any liability on Snapdeal with respect to User Content.
6.12
You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
6.13
You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
6.14
You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
6.15
Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, Snapdeal reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Snapdeal as per certain criteria. Any rewards or benefits provided by Snapdeal and used by You for placing the 'Bulk Order' will not be refunded. An order can be classified as 'Bulk Order' if it meets certain criteria adopted by Snapdeal for the purpose of identifying 'Bulk Order', including but not limited to:
a. Products ordered for commercial resale and not for self-consumption;
b. Multiple orders placed for same product at the same address;
c. Bulk quantity of the same product ordered;
d. Invalid address given in order details; or
e. Any malpractice used to place the order.
6.16
There may be certain orders that Snapdeal is unable to process or pass on buyer's order to the seller and must cancel. Some situations that may result in Snapdeal's inability to process or pass on buyer's order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.
6.17
In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.
6.18
In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts Snapdeal for the same, Snapdeal may inform the seller to provide or facilitate the provision of such services to the buyer. Snapdeal is not and shall not be obliged to provide any such additional services. Snapdeal's role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.
6.19
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
7.
Use of Content
7.1
Except as expressly indicated to the contrary in any applicable Additional Service Terms, Snapdeal hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
  • You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
  • You may not modify or alter product catalogues available on the Website;
  • You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
  • You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
7.2
The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
7.3
Any software that is available on the Website is the property of Snapdeal or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of Snapdeal.
8.
Intellectual Property Rights
8.1
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Snapdeal or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Snapdeal reserves the right to change or modify the Content from time to time at its sole discretion.
8.2
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Snapdeal or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Snapdeal, the vendor/seller or the third party that may own the Marks.
8.3
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Snapdeal owns all intellectual property rights to and into the trademark "Snapdeal", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
8.4
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Snapdeal or thirty party owner of such Content.



9.
Third Party Content
9.1
General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an 'As Is' basis. Snapdeal may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Snapdeal shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
9.2
In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Snapdeal makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.



10.
Disclaimer Of Warranties & Liability
10.1
THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY SNAPDEAL ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SNAPDEAL MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNAPDEAL OR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
10.2
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SNAPDEAL WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SNAPDEAL ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
10.3
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SNAPDEAL WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. SNAPDEAL HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT SNAPDEAL NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. SNAPDEAL SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, SNAPDEAL SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND SNAPDEAL 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SNAPDEAL IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. SNAPDEAL ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
10.4
In the event You have purchased / downloaded the Website from any online application stores, whether provided by Apple, Inc., Google, Inc. or Blackberry Limited (or their respective affiliates) (collectively referred to as "Store Providers"), and there occurs any failure of the Website and / or Services, You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any (i) warranty obligations of Snapdeal and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability / consumer protection claims, and claims related to the Website's non-conformity with any applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the Website / Snapdeal.



11.
Indemnification and Limitation of Liability
11.1
You agree to indemnify, defend and hold harmless Snapdeal, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
11.2
Snapdeal may notify You of any claims which You shall be liable to indemnify Snapdeal against. You will then be required to consult with Snapdeal regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Snapdeal without the express prior written consent of Snapdeal which can be withheld or denied or conditioned by Snapdeal in its sole discretion.
11.3
Notwithstanding anything to contrary in the Agreement(s), Snapdeal's entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to Snapdeal under the relevant order to which the cause of action for the liability relates.
11.4
Notwithstanding anything to contrary in the Agreement(s), in no event shall Snapdeal, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Snapdeal has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.



12.
Terms
12.1
The Agreement will continue to apply until terminated by either You or Snapdeal as set forth below. If You want to terminate Your agreement with Snapdeal, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Snapdeal has made this option available to You.
12.2
You agree that Snapdeal may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Snapdeal determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to Snapdeal, for which monetary damages may be inadequate, and You consent to Snapdeal obtaining any injunctive or equitable relief that Snapdeal deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Snapdeal may have at law or in equity.
12.3
In addition to Clause 12.2 above, Snapdeal may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
  • Snapdeal is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
  • The provision of the Services to You by Snapdeal is, in Snapdeal's opinion, no longer commercially viable;
  • Snapdeal has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
  • In the event Snapdeal faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
12.4
Snapdeal may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
12.5
You agree that all terminations shall be made in Snapdeal's sole discretion and that Snapdeal shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
12.6
Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Snapdeal chooses to terminate them. Snapdeal may inform the sellers who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. Snapdeal may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.



13.
Governing Law and Jurisdiction
13.1
These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Snapdeal shall be governed in accordance with the laws of India without reference to conflict of laws principles.
13.2
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and Snapdeal shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. 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 this Agreement shall be effective against a party if given as provided herein.



14.
Report Abuse And Take Down Policy
14.1
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please refer to the Snapdeal Report and Take Down Policy available at www.snapdeal.com under "Policy Info" section.



15.
Communications
15.1
When You use the Website or send emails or other data, information or communication to Snapdeal, You agree and understand that You are communicating with Snapdeal through electronic records and You consent to receive communications via electronic records from Snapdeal periodically and as and when required. Snapdeal 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,



16.
General Provisions
16.1
Notice: All notices with respect to these Terms of Use from Snapdeal will be served to You by email or by general notification on the Website. Any notice provided to Snapdeal pursuant to these Terms of Use should be sent to Grievance Officer at grievanceofficer@snapdeal.com.
16.2
Assignment: You cannot assign or otherwise transfer the 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. Snapdeal's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Snapdeal to any third parties without the requirement of seeking Your prior consent. Snapdeal may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Snapdeal shall have right to transfer Your Account and Account Information to a third party who purchases Snapdeal's business as conducted under the Website.
16.3
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. Snapdeal 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 these Terms of Use.
16.4
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 these Terms of Use 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.
16.5
Principal to Principal Relationship: You and Snapdeal are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Snapdeal. As an abundant caution, it is clarified that Snapdeal shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and Snapdeal have entered this agreement on principal to principal basis.
16.6
Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by Snapdeal is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, 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 Snapdeal or its third parties performing such services as sub-contractor to Snapdeal and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Snapdeal shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Snapdeal shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
16.7
Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Snapdeal for the purpose of this Agreement shall be Mr. Rakesh Yadav with email address: grievanceofficer@snapdeal.com. Snapdeal may change the aforesaid details from time to time under intimation to You.



17.
Feedback and Information
17.1
Any feedback You provide to this Website shall be deemed to be non-confidential. Snapdeal shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Snapdeal is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Snapdeal may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Snapdeal for the feedback under any circumstances.
17.2
To clarify, Snapdeal may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Snapdeal shall not be obliged to do so. Further, in the event that Snapdeal makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Snapdeal, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.



Privacy Policy

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND SNAPDEAL (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS PRIVACY POLICY WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE ‘I ACCEPT’ TAB OR BY USE OR THE WEBSITE OR BY OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND SNAPDEAL FOR YOUR USE OF THE WEBSITE (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO SNAPDEAL AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.

By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by Snapdeal as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person.

Jasper Infotech Private Limited and its subsidiaries and affiliates and Associate Companies (individually and/ or collectively, “Snapdeal”) is/are concerned about the privacy of the data and information of users (including sellers and buyers/customers whether registered or non-registered) accessing, offering, selling or purchasing products or services on Snapdeal’s websites, mobile sites or mobile applications (“Website”) on the Website and otherwise doing business with Snapdeal. “Associate Companies” here shall have the same meaning as ascribed in Companies Act, 2013.
The terms “We” / “Us” / “Our” individually and collectively refer to each entity being part of the definition of Snapdeal and the terms “You” /“Your” / “Yourself” refer to the users.
This Privacy Policy is a contract between You and the respective Snapdeal entity whose Website You use or access or You otherwise deal with. This Privacy Policy shall be read together with the respective Terms Of Use or other terms and condition of the respective Snapdeal entity and its respective Website or nature of business of the Website.

Snapdeal has provided this Privacy Policy to familiarise You with:
• The type of data or information that You share with or provide to Snapdeal and that Snapdeal collects from You;
• The purpose for collection of such data or information from You;
• Snapdeal’s information security practices and policies; and
• Snapdeal’s policy on sharing or transferring Your data or information with third parties. This Privacy Policy may be amended / updated from time to time. Upon amending / updating the Privacy Policy, we will accordingly amend the date above. We suggest that you regularly check this Privacy Policy to apprise yourself of any updates. Your continued use of Website or provision of data or information thereafter will imply Your unconditional acceptance of such updates to this Privacy Policy.
• Information collected and storage of such Information:
The “Information” (which shall also include data) provided by You to Snapdeal or collected from You by Snapdeal may consist of “Personal Information” and “Non-Personal Information”.
• Personal Information
Personal Information is Information collected that can be used to uniquely identify or contact You. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:
• Your user name along with Your password,
• Your name,
• Your address,
• Your telephone number,
• Your e-mail address or other contact information,
• Your date of birth,
• Your gender,
• Information regarding your transactions on the Website, (including sales or purchase history),
• Your financial information such as bank account information or credit card or debit card or other payment instrument details,
• Internet Protocol address,
• Any other items of ‘sensitive personal data or information’ as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;
• Identification code of your communication device which You use to access the Website or otherwise deal with any Snapdeal entity,
• Any other Information that You provide during Your registration process, if any, on the Website. Such Personal Information may be collected in various ways including during the course of You:
• registering as a user on the Website,
• registering as a seller on the Website,
• availing certain services offered on the Website. Such instances include but are not limited to making an offer for sale, online purchase, participating in any online survey or contest, communicating with Snapdeal’s customer service by phone, email or otherwise or posting user reviews on the items available on the Website, or
• otherwise doing business on the Website or otherwise dealing with any Snapdeal entity. We may receive Personal information about you from third parties, such as social media services, commercially available sources and business partners. If you access Website through a social media service or connect a service on Website to a social media service, the information we collect may include your user name associated with that social media service, any information or content the social media service has the right to share with us, such as your profile picture, email address or friends list, and any information you have made public in connection with that social media service. When you access the Website or otherwise deal with any Snapdeal entity through social media services or when you connect any Website to social media services, you are authorizing Snapdeal to collect, store, and use and retain such information and content in accordance with this Privacy Policy.
• Non-Personal Information
Snapdeal may also collect information other than Personal Information from You through the Website when You visit and / or use the Website. Such information may be stored in server logs. This Non-Personal Information would not assist Snapdeal to identify You personally.
  • This Non-Personal Information may include:

    Your geographic location,

    details of Your telecom service provider or internet service provider,

    • the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.),

    • the operating system of Your system, device and the Website You last visited before visiting the Website,

    • The duration of Your stay on the Website is also stored in the session along with the date and time of Your access, Non-Personal Information is collected through various ways such through the use of cookies. Snapdeal may store temporary or permanent ‘cookies’ on Your computer. You can erase or choose to block these cookies from Your computer. You can configure Your computer’s browser to alert You when we attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of the Website.


    Ads: Snapdeal may use third-party service providers to serve ads on Snapdeal’s behalf across the internet and sometimes on the Website. They may collect Non-Personal Information about Your visits to the Website, and Your interaction with our products and services on the Website. Please do note that Personal Information and Non Personal Information may be treated differently as per this Privacy Policy.

    • You hereby represent to Snapdeal that:
      • • the Information you provide to Snapdeal from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to Snapdeal.
      • • Your providing the Information to Snapdeal and Snapdeal’s consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
      • Snapdeal and each of Snapdeal entities officers, directors, contractors or agents shall not be responsible for the authenticity of the Information that You or any other user provide to Snapdeal. You shall indemnify and hold harmless Snapdeal and each of Snapdeal entities officers, directors, contracts or agents and any third party relying on the Information provided by You in the event You are in breach of this Privacy Policy including this provision and the immediately preceding provision above.
      • Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Republic of India but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.
      • • Purpose for collecting, using, storing and processing Your Information Snapdeal collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of Snapdeal entities and shall include the following:
      • • to facilitate Your use of the Website or other services of Snapdeal entities;
      • • to respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Website;
      • • to provide You with information about products and services available on the Website and to send You information, materials, and offers from Snapdeal;
      • • to send You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
      • • to send You surveys and marketing communications that Snapdeal believes may be of interest to You;
      • • to personalize Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
      • • to help You address Your problems incurred on the Website including addressing any technical problems;
      • • if You purchase any product or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
      • • for proper administering of the Website;
      • • to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
      • • to improve the services, content and advertising on the Website;
      • • to provide value added services such as Single Sign On. Single Sign On 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 multiple websites and applications;
      • • to facilitate various programmes and initiatives launched by Snapdeal or third party service providers and business associates
      • • to analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments
      • • to conducting academic research and surveys
      • • to protect the integrity of the Website;
      • • to respond to legal, judicial, quasi judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
      • • to conduct analytical studies on various aspects including user behaviour, user preferences etc.;
      • • to permit third parties who may need to contact users who have bought products from the Website to facilitate installation, service and any other product related support;
      • • to implement information security practices;
      • • to determine any security breaches, computer contaminant or computer virus;
      • • to investigate, prevent, or take action regarding illegal activities and suspected fraud,
      • • to undertake forensics of the concerned computer resource as a part of investigation or internal audit;
      • • to trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website or by Snapdeal;
      • • to enable a potential buyer or investor to evaluate the business of Snapdeal (as further described in paragraph 8 of the Privacy Policy). [Individually and collectively referred to as (“Purposes”)] You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of each of the Snapdeal entities or any person on their respective behalf, and the collection of Information is necessary for the Purposes.
      • Sharing and disclosure of Your Information
        You hereby unconditionally agree and permit that Snapdeal may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various Snapdeal entities and to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by Snapdeal under applicable law.

        You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when Snapdeal transfers Your Information to any other entity within or outside Your country of residence, Snapdeal will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.

        Snapdeal may share statistical data and other details (other than Your Personal Information) without your express or implied consent to facilitates various programmes or initiatives launched by Snapdeal, its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. We may transfer/disclose/share Information (other than Your Personal Information) to those parties who support our business, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. These affiliates and third party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy.Notwithstanding the above, We use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards etc. to enable You to make payments for buying products or availing services on Snapdeal. When You sign up for these services, You may have the ability to save Your card details for future reference and faster future payments. In such case, We may share Your relevant Personal Information as necessary for the third parties to provide such services, including your name, residence and email address. The processing of payments or authorization is solely in accordance with these third parties policies, terms and conditions and we are not in any manner responsible or liable to You or any third party for any delay or failure at their end in processing the payments.

        Snapdeal may also share Personal Information if Snapdeal believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.

        We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.

        You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.
      • Links to third party websites
        Links to third-party advertisements, third-party websites or any third party electronic communication service may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, Snapdeal unless expressly specified on the Website.

        Snapdeal is not responsible for any form of transmission, whatsoever, received by You from any third party website. Accordingly, Snapdeal does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party websites, nor does Snapdeal control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such third party websites. The inclusion or exclusion does not imply any endorsement by Snapdeal of the third party websites, the website's provider, or the information on the website. The information provided by You to such third party websites shall be governed in accordance with the privacy policies of such third party websites and it is recommended that You review the privacy policy of such third party websites prior to using such websites.
      • Security & Retention
        The security of your Personal Information is important to us. Snapdeal strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Snapdeal adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Snapdeal stores Your Personal Information. Each of the Snapdeal entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all Snapdeal entities from any claim of damages under contract or under tort.

        If you choose a payment gateway to complete any transaction on Website then Your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).

        Snapdeal may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, Snapdeal is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Snapdeal is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).

        Notwithstanding anything contained in this Policy or elsewhere, Snapdeal shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

        A Force Majeure Event shall mean any event that is beyond the reasonable control of Snapdeal and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of Snapdeal), power or electricity failure or unavailability of adequate power or electricity.

        While We will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.

        You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.
      • User discretion and opt out
        You agree and acknowledge that You are providing your Information out of your free will. You have an option not to provide or permit Snapdeal to collect Your Personal Information or later on withdraw Your consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of the respective Snapdeal entity as may be notified to You. In such case, You should neither visit any Website nor use any services provided by Snapdeal entities nor shall contact any of Snapdeal entities. Further, Snapdeal may not deliver products to You, upon Your order, or Snapdeal may deny you access from using certain services offered on the Website.

        You can add or update Your Personal Information on regular basis. Kindly note that Snapdeal would retain Your previous Personal Information in its records.
      • Grievance Officer
        If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Privacy Policy or any terms of Snapdeal’s Terms of Use, Term of Sale and other terms and conditions or polices of any Snapdeal entity, please contact the following:

        For Jasper Infotecch Private Limited:
        Mr. Rakesh Yadav, the designated grievance officer under Information Technology Act, 2000 E-mail: grievanceofficer@snapdeal.com.

        For Accelyst Solution Private Limited:
        Mr. Velmurugan Arumugam, the designated grievance officer under Information Technology Act, 2000 E-mail: grievanceofficer@freecharge.com.

        For Freecharge Payment Technologies Private Limited:
        Mr. Vibhu Arya, the designated grievance officer under Information Technology Act, 2000 E-mail: grievances@klickpay.in.
        The details of the grievance officer may be changed by us from time to time by updating this Privacy Policy.
      • Business / Assets Sale or Transfers
        Snapdeal may sell, transfer or otherwise share some or all of its assets, including Your Information in connection with a merger, acquisition, reorganization or sale of assets or business or in the event of bankruptcy. Should such a sale or transfer occur, such Snapdeal entity will reasonably ensure that the Information you have provided and which we have collected is stored and used by the transferee in a manner that is consistent with this Privacy Policy. Any third party to which any of Snapdeal entity transfers or sells as aforesaid will have the right to continue to use the Information that you provide to us or collected by us immediately prior to such transfer or sale.
      • Further Acknowledgements
        You hereby acknowledge and agree that this Privacy Policy:
      • • is clear and easily accessible and provide statements of Snapdeal policies and practices with respective to the Information;
      • • provides for the various types of personal or sensitive personal data of information to be collected;
      • • provides for the purposes of collection and usage of the Information;
      • • provides for disclosure of Information; and
      • • provides for reasonable security practices and procedures.

Terms and Conditions for Prepaid Payment Instrument namely Freecharge Balance issued by Yes Bank Limited

THIS DOCUMENT IS PUBLISHED IN COMPLIANCE OF AND SHALL BE GOVERNED BY INDIAN LAW, INCLUDING BUT NOT LIMITED TO (I) THE INDIAN CONTRACT ACT, 1872; (II) THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER INCLUDING THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION) RULES, 2011, AND THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011; (III) THE PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 AND APPLICABLE RULES, REGULATIONS AND GUIDELINES MADE THEREUNDER INCLUDING POLICY GUIDELINES ON ISSUANCE AND OPERATION OF PRE-PAID PAYMENT INSTRUMENT IN INDIA; AND (IV) RESERVE BANK OF INDIA ACT, 1934 AND THE APPLICABLE RULES, REGULATIONS AND GUIDELINES MADE THEREUNDER FOR THE BANK TO ISSUE PRE-PAID PAYMENT INSTRUMENT AND FOR MONEY TRANSFER.

THIS DOCUMENT IS AN ELECTRONIC 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 SIGNATURE. THIS DOCUMENT IS ALSO DISCLOSED IN COMPLIANCE WITH SECTION 21 OF PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 AND AS REQUIRED TO BE DISCLOSED UNDER POLICY GUIDELINES ON ISSUANCE AND OPERATION OF PRE-PAID PAYMENT INSTRUMENT IN INDIA.

THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND THE BANK (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS DOCUMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD OR OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND THE BANK FOR THE USE OF FREECHARGE BALANCE AND SERVICES (DEFINED BELOW). IF ANY TERMS OF THIS DOCUMENT CONFLICT WITH ANY OTHER DOCUMENT/ELECTRONIC RECORD IN THIS BEHALF, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL, UNTIL FURTHER CHANGE / MODIFICATIONS ARE NOTIFIED BY THE BANK.
Before Yes Bank Limited issues You the FreeCharge Balance or before You use the FreeCharge Balance issued by Yes Bank Limited, please read these TERMS & CONDITIONS carefully. By offering to acquire, accepting or using FreeCharge Balance, You are unconditionally agreeing to the Terms and Conditions set out below with Yes Bank Limited and will be bound by them.

By agreeing to these Terms and Conditions, You represent the following:
• You are 18 (eighteen) years old or older;
• Capable of entering into a legally binding agreement;
• You are an Indian resident;
• You have not been previously suspended or removed from the Prepaid Payment Account Services or Single-Sign-On Services;
• 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; and
• 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 these Terms and Conditions to You or Your shall refer to the users or Customer of Website or Merchant Site(s). All references in these Terms and Conditions to We, Us, or Our shall refer to Yes Bank Limited, and their respective affiliates, as the case may be.

1. DEFINITIONS: Unless the context requires otherwise the terms defined shall have the same meaning attributed to them herein:

• "Applicable Law(s)" shall mean all applicable central, state and local laws, statute, regulations, orders or directives as may be amended and in effect or re-enacted from time to time, order or other legislative action of any government authority to the extent having the force of law, including but not limited to Payment & Settlement Systems Act, 2007, Payment & Settlement Systems Regulations, 2008, Policy Guidelines on Issuance and operation of Pre-paid Payment Instruments in India, guidelines on issuance of debit cards and co-branded pre-paid cards by the Banks and any other guideline in relation to semi closed loop pre-paid 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;

• "Customer" shall mean the registered user of FreeCharge account who also acquires Prepaid Payment Account from Yes Bank Limited.
• "FreeCharge account" shall mean the account created by the Customer by using the services provided by Freecharge, upon the Customer "signing in" or "signing up" for the purposes of entering into a Transaction with a Merchant or other Customer; which would give the Customer access inter alia to FreeCharge Balance.
• "FreeCharge Balance" or "Prepaid Payment Account" shall mean a semi closed prepaid payment instrument issued by Yes Bank Limited and which is co-branded with Accelyst Solutions Private Limited ("Accelyst") in the form of a virtual payment account comprising one reloadable prepaid payment instrument and/or prepaid gift instrument(s), if issued, which will be issued by the Bank on Merchants sites and can be used on the Website or Merchants site(s) (a) to make payments for goods and services ("Products") purchased/availed through Merchant(s); (b) for transfer of funds from one Customer's Prepaid Payment Account to another Prepaid Payment Account or (c) for any other purposes as may be specified from time to time.
• "Freecharge" shall mean Freecharge Payment Technologies Private Limited, a private limited company incorporated in India under the Companies Act, 2013 and having its registered office at Ground Floor, 237, Okhla Industrial Estate, Phase III, New Delhi - 110020.
• "Merchant(s)" shall mean seller(s), retailers or e-commerce marketplace or such other business entities who accept FreeCharge Balance as payment options for collecting payments from the Customer.
• "Mobile Application(s)" shall mean the software application(s) which inter alia, enables FreeCharge account through the mobile-device.
• "Prepaid Payment Account Services" or "Services" shall mean the scheme under which Prepaid Payment Account is issued by the Bank and related services or functionalities as detailed under this Agreement enabling Customers to make Transaction.
• "RBI" shall mean Reserve Bank of India. • "Single-Sign-On Services" shall mean the services provided by Freecharge to Customers through FreeCharge account, or otherwise. For avoidance of doubt, the FreeCharge Balance is issued by Yes Bank Limited but can be accessed through Single-Sign-On Services.
• "Terms and Conditions" shall mean these terms and conditions;
• "Transaction" shall mean an online and offline purchase of Product; or payments for purchase of Products or for any other specified purpose to a Merchant; or to other Customer, or transfer of funds to any bank account, through FreeCharge Balance or through any other modes as determined by the Bank from time to time and shall also include load/reload of FreeCharge Balance.
• "Website" shall mean website having the domain https://www.account.freecharge.in or mobile site, Mobile Application(s), or online front end or back end interphases through which the Bank shall issue the Prepaid Payment Account after creation of FreeCharge account.
• "Yes Bank Limited" or "The Bank" shall mean the Yes Bank Limited, a company incorporated under the Companies Act, 1956 and a banking company within the meaning of the Banking Regulation Act, 1949 and having its registered office at 9th Floor, Nehru Centre, Discovery of India, Worli, Mumbai-400 018.

2. INTERPRETATIONS
2.1. All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
2.2 Words importing any gender include the other gender.
2.3 Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
2.4 All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these terms.
2.5. These Terms and Conditions shall be independent of the terms and conditions of Merchant(s)' site(s).
3. ISSUANCE AND REGISTRATION OF FREECHARGE BALANCE / PREPAID PAYMENT ACCOUNT
3.1. The Prepaid Payment Account will be issued by the Bank to Customer on the request of the Customer and pursuant to the Customer making an application for registration of FreeCharge Balance and agreeing to these Terms and Conditions and other applicable terms and conditions in the manner prescribed by the Bank in this regard, provided the Customer has fulfilled the eligibility and Know Your Customer ("KYC") criteria and provided all relevant information and/or documentation request by the Bank.

3.2. A Customer desirous of acquiring a Prepaid Payment Account should apply to the Bank using Website or using Merchant's Site as mentioned on the Website and accept these Terms and Conditions and other terms and conditions as may be specified.

3.3 The Bank reserves the right to reject any application made for issuing a Prepaid Payment Account without assigning any reason.

3.4 In order to acquire register, create and use a Prepaid Payment Account, the Bank may require You to submit certain personal information, such as Your name, mobile phone number, e-mail address, date of birth, preferred language of communication, etc. ("Data"). You agree that the Data You provide to the Bank upon registration and at all other times will be true, accurate, current and complete. You shall immediately inform the Bank or its authorized service provider(s) about change in Data along with such proof of change.

3.5 You hereby authorize the Bank, directly or through third parties, to make any inquiries that the Bank may consider necessary to validate Your identity and/or authenticate Your identity and Prepaid Payment Account information. This may include asking You for further information and/or documentation about Your account usage or identity, or requiring You to confirm identification by furnishing KYC documentation, ownership of Your email address, telephone number or financial instruments, among others. This process is for internal verification purposes. You agree and understand that the Data as entered by You shall always be maintained by Bank's authorized service provider(s).

3.6. The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and the Bank reserve the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.

3.7 The Bank reserves the right to discontinue the Services/ reject applications for Prepaid Payment Account Services at any time if there are discrepancies in information and/or documentation provided by You or if the information/documentation provided by You is found to be incorrect or wrong. In such an event, the Bank reserves the right to forfeit the balance therein to the extent and in accordance with Applicable Laws.

4. EXTENT OF PREPAID PAYMENT ACCOUNT SERVICES
4.1. The amount that can be transacted in the Prepaid Payment Account is governed by Applicable Laws including rules, regulations and guidelines laid down by RBI which include monthly limits, transaction limits and balance limits on the Prepaid Payment Account. Subject to any change in Applicable Law including guidelines/notifications issued by RBI from time to time the limitations stated hereunder may be reviewed and modified at the discretion of the Bank without prior intimation to the Customer:

4.1.1. Prepaid Payment Account Transactions for payment instruments other than prepaid gift instruments:

a. The maximum monetary value that can be stored at any point of time and the total value of reloads during any given month in Prepaid Payment Account is INR 10,000/- (Indian Rupees Ten Thousand only).

b. The maximum monetary value that can be transferred from one Prepaid Payment Account to other Prepaid Payment Account or the Bank account in a single Transaction is INR 5,000/- (Indian Rupees Five Thousand only). The maximum monetary value that can be transferred from one Prepaid Payment Account to other Prepaid Payment Account or the Bank account in a single month is INR 25,000/- (Indian Rupees Twenty Five Thousand only).

4.1.2. Prepaid Payment Account Transactions for prepaid gift instruments
a. Maximum value of each such payment instrument shall not exceed INR 50,000/- (Indian Rupees Fifty Thousand Only).
b. The maximum number of instruments which can be issued to an individual shall be 25 (twenty five).
c. The validity of the prepaid gift instruments shall be six months. However, it may vary between six months to three years as may be decided by the Bank at the time of issuance of prepaid gift instruments.
4.2 The said Prepaid Payment Account is valid for purchase of Products and Transactions throughout India in Indian Rupees only.
4.3 Prepaid Payment Account or Services thereunder is not transferable unless required by operation of law.
4.4 The Customer shall be able to use the Prepaid Payment Account only to the extent of the amount loaded onto the Prepaid Payment Account.
4.5 The Prepaid Payment Account shall be activated subject to the such minimum amount being loaded on the Prepaid Payment Account as may be specified by the Bank from time to time and after creation of the FreeCharge account.
4.6 The Customer or any other person permitted to load the Prepaid Payment Account may credit the Prepaid Payment Account through any of the methods prescribed from time to time.
4.7 The Customer may be able to carry out all or any kind of Transactions, as may be available from time to time
4.8 No cash withdrawal or cash remittance is permissible on the FreeCharge Balance. No interest will be payable by the Bank to Customers on the available balance reflected on the FreeCharge Balance.
4.9 The Customer is permitted to maintain and operate only one Prepaid Payment Account. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Prepaid Payment Accounts associated with the Customer.
4.10 The Bank may further as per its discretion introduce appropriate controls over the usage of the Prepaid Payment Account.
5. NATURE OF USAGE

5.1 The Customer shall at all times ensure that the FreeCharge account/ Prepaid Payment Account credentials are kept safe and shall under no circumstances whatsoever allow the FreeCharge account and Prepaid Payment Account to be used by any other individual. You shall be responsible for all facilities granted by the Bank and for all related charges and shall act in good faith in relation to all dealings with the Prepaid Payment Account and the Bank.
5.2 The Customer will be responsible for the security of the Prepaid Payment Account including FreeCharge account and shall take all steps towards ensuring the safekeeping thereof. The Customer shall not disclose his/her/its password to anyone verbally or in writing nor record it elsewhere.
5.3. The Customer will be liable for all charges incurred on the Prepaid Payment Account until the Prepaid Payment Account is reported for closure. You shall, immediately intimate the Bank of the occurrence of any fraud, hacking or unauthorised use and the Bank may, after due investigations, suspend or terminate the Prepaid Payment Account. However the Bank or any of its authorized service provider(s) shall not be liable for any such unauthorised usage or access of the Prepaid Payment Account and it shall be solely Customers responsibility to ensure privacy and confidentiality of Prepaid Payment Account details.
5.4 On creation of Prepaid Payment Account, You will have the opportunity to use various interactive aspects through which You can communicate with us and share information (collectively "Posted Information"). It is important that You act responsibly when providing such Posted Information. Do not use inappropriate language, make gratuitous personal criticisms or comments. When participating in interactive aspects of the Service, please do include all relevant information in a concise manner to help us provide You with a constructive response.
You agree and acknowledge that:
5.4.1 You are solely responsible for any Posted Information that You submit on the Website or transmit to our Team and/or other users of the Website;
5.4.2 You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
5.4.3 You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by the Bank ;
5.4.4 You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity;
5.4.5 You understand and agree that the Bank may (but is not obligated to) review and delete any Posted Information that in the sole discretion of the Bank violates these Terms or which might be offensive, illegal, or violate the rights of, harm, or threaten the safety of other users of the Website and/or any other person;
5.4.6 You acknowledge and agree that the Bank does not and shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Services. The Bank does not endorse, verify or otherwise certify the contents of any comments or other material or information made by You. You are solely responsible for the contents of Your communications and may be held legally liable or accountable for the content of Your comments or other material or information;
5.4.7 You agree that You will only provide Posted Information that You believe to be true and You will not purposely provide false or misleading information; and
5.4.8 The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Website. The Bank reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking Your use of the Services and/or the Website. You may not post content that:
(a) belongs to another person and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.5. You will notify the Bank at care@freecharge.in upon coming across any objectionable content on the Website and the Bank shall use best efforts to remove such objectionable content within the time period prescribed under Applicable Law.
5.6. The Customer shall inform the Bank in writing within seven (7) days, if any discrepancies exist in the Transactions/ particulars of the FreeCharge Balance on any statement / records that is made available to the Customer. If the Bank does not receive any information to the contrary within seven (7) days, the statement and the transactions shall be deemed to be correct and unconditionally and irrevocably binding on You. All records of Your instructions and such other details (including but not limited to payments made or received) maintained by the Bank, in electronic or documentary form pursuant to the Terms and Conditions herein, shall as against You, be deemed to be conclusive evidence of such instructions and such other details. In case of any dispute relating to the time of reporting and/ or Transaction/s made on the FreeCharge Balance or any other matter in relation to the said FreeCharge Balance, the Bank shall reserve the right to ascertain the time and/ or the authenticity of the disputed Transaction.
5.7. You may only use the Services for Transactions with the approved Merchants.
5.8. You must ensure the availability of sufficient funds before executing any Transaction from the Prepaid Payment Account.
5.9. You agree to adhere to all Applicable Laws and all such regulations, guidelines and rules prescribed from time to time by the Bank, RBI and any other regulatory body.
5.10. The Customer agrees that he will not use the Prepaid Payment Account for payment of any illegal/unlawful purchases/purposes.
5.11. You hereby agree and acknowledge that the Prepaid Payment Account is issued, loaded, withdrawn, terminated, closed down, suspended by the Bank only.
5.12. You shall be bound to comply with the terms and conditions and all the policies stipulated by the Bank from time to time in relation to the Prepaid Payment Account. The Bank may, at its sole discretion, refuse to accept the application or to issue Prepaid Payment Account to the Customer.
5.13. You shall not use the Services for any purpose that might be construed as contrary or repugnant to any Applicable Laws, regulations, guidelines, judicial dicta, the Banks policies or public policy or for any purpose that might negatively prejudice the goodwill of the Bank.
5.14. You shall accept full responsibility for wrongful use of the Prepaid Payment Account and which is in contravention of these terms and conditions. You shall indemnify the Bank and Freecharge and their respective director, officers, personnel, contractors and agents, to make good any loss, damage, penalties, claims, demand, interest or any other financial charges (including lawyer fees) that the aforesaid persons may incur and or suffer whether directly or indirectly as a result of the Customer committing violations of these terms and conditions.
5.15. The Bank reserves the absolute discretion and liberty to decline or honor the authorization request on the Prepaid Payment Account without assigning any reason thereto.
5.16. The Customer acknowledges and understands that the Services are linked to internet connection (and in case of mobile, mobile phone connection) and the Bank or its authorised service providers shall not be responsible and the Customer is solely responsible for all liability arising from including but not limited to any loss or interruption of the Services or the unavailability of Services due to a mobile or internet not supporting Website or Merchant site(s).
5.17. The Customer acknowledge and understand that the information submitted by the Customer for availing the Services or information submitted while using the Services may be shared with third parties inter alia, to facilitate the provision of the Services.
5.18. The Bank may request the Customer to submit additional KYC information/documents as part of ongoing monitoring and due diligence.
5.19. The Bank may at their sole discretion, utilize the services of external service providers/or agents and on such terms as required or necessary, in relation to FreeCharge Balance and/or Services.
6. INFORMATION/DATA USAGE
6.1. Except for Posted Information that You submit, all of the information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the Bank’s proprietary information. We give You permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to You by virtue of permitting Your use of the Services. You may print, download, and store information from the Website for your own convenience, but You may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant You any express or implied rights.
6.2. THE CUSTOMER UNDERSTANDS THAT THE TERMS AND CONDITIONS PROVIDED ON MERCHANTS SITE(S) SHALL BE INDEPENDENT OF THESE TERMS AND CONDITIONS MENTIONED HEREIN.
7. TRANSACTION AND LOADING OF PREPAID PAYMENT ACCOUNT
7.1 You can use multiple funding sources for loading money in the Prepaid Payment Account. These sources could be but not limited to Cash, Credit Cards, Debit Cards, Net Banking, and transfer from another Prepaid Payment Account.
7.2 The Prepaid Payment Account may also be loaded by transfer of refund money of Transactions carried out using services of Merchant(s) or such other manner as is acceptable to the Bank. The Prepaid Payment Account may also comprise prepaid gift instruments issued by way of incentives such as cash back, gifts, etc. by Merchant or third parties or such other manner as is acceptable to the Bank.
7.3 The Bank may impose charges/ fees etc., payable by the Customer for availing the said Prepaid Payment Account and funds shall be loaded on the Prepaid Payment Account after deduction of the applicable charges/ fees etc.
7.4 In order to manage risk, the Bank may limit the funding sources available for Your use to fund any particular Transaction.
7.5 The Bank may monitor each Transaction made into Your Prepaid Payment Account to monitor high-risk & fraudulent transactions. If Your Transaction is classified as a high-risk Transaction or is suspected of fraud, the Bank will place a hold on the Transaction and may ask You for more information on You and Your funding source. The Bank will conduct a review and accordingly the Bank will either clear or cancel the Transaction, as per Applicable Law. If the Transaction is cleared, Bank will notify You and update Your Prepaid Payment Account. Otherwise, the Bank will cancel the Transaction and the funds may be forfeited. The said funds will be refundable only to source account upon valid demand raised by holder of source account. The Bank will notify You by email and/or in the account history tab of Your Prepaid Payment Account if the Transaction is cancelled.
7.6 When You load the Prepaid Payment Account, You are liable to the Bank for the full amount of the load plus any fees, if the load is later invalidated for any reason including but not limited to chargeback, reversal of Transaction, dispute by the owner of funding source of a Transaction, You agree to allow the Bank to recover any amounts due to the Bank by debiting Your Prepaid Payment Account. If there are insufficient funds in Your Prepaid Payment Account to cover Your liability, You agree to reimburse the Bank through other means. If the Bank is unable to recover the funds from Your primary funding source, the Bank may attempt to contact You and/or recover the funds from Your alternate funding sources, or may at their discretion, can take appropriate legal actions to collect the amount due, to the extent allowed by Applicable Law. In addition, the Bank reserves the right to suspend or terminate Your Prepaid Payment Account.
8. PAYMENT USING Prepaid Payment Account
8.1 The Customer may also partially pay for the Products offered by the Merchant from its Prepaid Payment Account and pay the remaining amount using other payment mechanism such as debit card, credit card, net banking, etc.
9. TRANSACTIONS IN Prepaid Payment Account
9.1 Customer can choose to withdraw the funds available in his Prepaid Payment Account to any bank account by way of IMPS/NEFT in accordance with guidelines of RBI. However, the Bank may deny such withdrawal in any of the events as specified in Clause 10.2 herein below.
9.3 The Bank reserves the right to delay withdrawals while screening for risk, or request You provide additional information to verify Your identity and may limit the amount You can withdraw until the information is verified.
9.4 Any withdrawal found to be suspicious will be held back and reversed into Prepaid Payment Account. The Prepaid Payment Account will also be suspended for operations and no Transactions will be possible pending an investigation. A notification will be given to You if You are the subject of an investigation. If You are able to provide a justification for the withdrawal to the satisfaction of the Bank, Your account will be removed from suspension and You would be free to transact using Your Prepaid Payment Account.
9.5 In the case of no information being provided by You for a suspended Prepaid Payment Account, the Prepaid Payment Account will continue to be suspended till its validity and the amount will be forfeited in compliance with guidelines of RBI.
10. SUSPENSION OR DISCONTINUANCE OF SERVICES
10.1 Under no circumstances shall the Bank or any of its authorised service provider shall be held liable for a delay or failure or disruption of the Service resulting directly or indirectly from, acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures or non-availability, strikes, labor disputes, riots, insurrections, civil disturbances, sabotage, wilful destruction, threat to national security, shortages of labor or materials, fire, flood, heavy rains, storms, explosions, Acts of God, war, governmental actions, orders of courts or tribunals or non-performance of third parties (" Force Majuere").
10.2 The Bank reserves the right, without prior notice and at its sole discretion, to suspend, restrict, discontinue or deny access to or Your use of Services provided by the Bank:
10.2.1 if You use or the Prepaid Payment Account is used or suspected to be used to defraud any person or entity;
10.2.2 if You use the Prepaid Payment Account to engage in any unlawful activities including without limitation those which would constitute the infringement of intellectual property rights, a civil liability or a criminal offence;
10.2.3 if You engage in any activities that would otherwise create any liability for the Bank or for any of its contractors or agents;
10.2.4 for any suspected discrepancy in the particular(s), online application, documentation provided by the Customer;
10.2.5 any Force Majeure reasons;
10.2.6 if the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
10.2.7 for any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI and/or any other regulatory authority from time to time or for any violation of the terms and conditions mentioned herein; or
10.2.8 if the Bank believes, in its reasonable opinion, that cessation/ suspension is necessary.
11. TERMINATION OF Prepaid Payment Account
11.1 Customer has the option to close the Prepaid Payment Account at any time. The closure of such Prepaid Payment Account may be communicated to the Bank over email at care@freecharge.in and Telephone No. 0124-4330000. Termination will be effective subject to payment of all amounts outstanding on the Prepaid Payment Account and there is no unused prepaid gift instrument. No fees charged, if any, to Customer shall be refunded in the event of termination, suspension or discontinuance of Services.
11.2 The Bank may also restrict, terminate or suspend the use of Prepaid Payment Account at any time without prior notice if the Bank reasonably believes it necessary for business or security reasons. The Prepaid Payment Account must not be used after these Terms and Conditions end or while use of Prepaid Payment Account is suspended.
11.3 The Bank shall, upon adequate verification, block/suspend/close the Prepaid Payment Account and terminate all facilities in relation thereto following the receipt of such intimation and shall not be liable for any inconvenience caused to the Customer in this regard.
11.4 There may be expiry date for the Prepaid Payment Account as may be decided by the Bank in accordance with the guidelines of RBI.
11.5 Any value in Your Prepaid Payment Account (other than prepaid gift instruments) must be utilized in the following manner:
11.5.1 Within 6 months from the date of Your last Transaction or
11.5.2 Within 6 months from the date of activation; whichever is later.
11.6 Any value in Prepaid Payment Account which is not utilized or withdrawn in the aforesaid manner may stand forfeited at the discretion of the Bank. The Bank will send thirty (30) days advance communication to Customer before any forfeiture of outstanding amount in the Prepaid Payment Account by SMS at the mobile number and/or by email at email id which is provided by Customer for use of the Services. It is the responsibility of the Customer to ensure that the information provided by the Customer including the email id and the mobile number is updated at all times.

12. YOUR OTHER OBLIGATIONS
• You shall be solely liable for entering into any Transaction and the risk arising thereof.
• You accept that at Your request and risk, the Bank has agreed to provide You the Prepaid Payment Account and You accept full responsibility for all Transactions recorded by use of Your Prepaid Payment Account.
• An instruction given by means of the Prepaid Payment Account shall be irrevocable.
• You shall, in all circumstances, accept full responsibility for the use of the Prepaid Payment Account, whether or not processed with Your knowledge or Your authority, expressed or implied.
• You irrevocably authorize the Bank to debit the amounts utilized by using the Prepaid Payment Account for Transactions from Your Prepaid Payment Account.
• You should hold the Bank indemnified and harmless for its actions in good faith and in the normal course of business based on Transactions.
• The Bank will employ its best efforts in carrying out the Transactions but will not incur any liability either to the Customer or any other person for any reason whatsoever including for its delay or inability to carry out a Transaction or an instruction.
• Any government charges, or debits, or tax payable as a result of the use of Prepaid Payment Account shall be Your responsibility.
• Amounts due and payable by Customer, if not paid separately shall be recovered by the Bank from the funds available in the Prepaid Payment Account to the extent permitted under Applicable Laws.
• The Bank shall have discretion to not allow You to carry out a Transaction where it has reason to believe that the use of Prepaid Payment Account is not authorized or the Transaction appears ambiguous or unclear or such as to raise a doubt.
13. WINDING UP OF PREPAID PAYMENT ACCOUNT AND CONSEQUENCES THERETO
13.1 To the extent permitted under Applicable Laws, the Bank may at its sole discretion close or wind up any Prepaid Payment Account Services or amend any of its features with notice to You.
13.2 You hereby agree that, upon any closure or winding up of the Prepaid Payment Account Services, You may redeem the outstanding balance in Your Prepaid Payment Account or transfer the same to any prepaid payment instrument or bank account held/maintained by you with any third party with in such time as may be determined by the Bank, failing which, the Bank may transfer the balance in Your Prepaid Payment Account to Your another prepaid payment instrument issued by such entity having authorisation from RBI and with which the Bank has made appropriate arrangements.
14. INDEMNITY AND LIMITATION OF LIABILITY
14.1. Your sole and exclusive remedy for any dispute with us is suspension of Your Prepaid Payment Account. In no event shall our total cumulative liability to You for any and all claims relating to or arising out of Your use of the Website or Services, regardless of the form of action, exceed INR 1000/- (Indian Rupees One thousand only).
In consideration of the Bank providing the Customer with the facility of the Prepaid Payment Account, You hereby agree to indemnify and keep the Bank indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses whatsoever (including lawyer's fees) which the Bank or its service providers may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of directly or indirectly providing the Customer the said facility of the Prepaid Payment Account or by reason of the Bank's acting in good faith and taking or refusing to take or omitting to take action on the Customer's instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer; breach or noncompliance of the rules/ terms and conditions relating to the Prepaid Payment Account or fraud or dishonesty relating to any Transaction by the Customer.
14.2 Without prejudice to the foregoing, the Bank or its authorised service providers shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of:
14.2.1 Any issue relating to the Products from Merchant;
14.2.2 the refusal to honor or to accept the Prepaid Payment Account registration;
14.2.3 the malfunction of any computer/point of sale terminal;
14.2.4 effecting Transaction instructions other than by a Customer;
14.2.5 handing over of the Prepaid Payment Account credentials by the Customer to a third Party;
14.2.6 the exercise by the Bank of their right to demand and procure the surrender of the Prepaid Payment Account prior to the expiry, whether such demand and surrender is made and/ or procured by the Bank or by any person or computer terminal.
14.2.7 the exercise by the Bank of their right to terminate any Prepaid Payment Account ;
14.2.8 any injury to the credit, character and reputation of the Customer alleged to have been caused by the repossession of the Prepaid Payment Account and/ or, any request for its return or the refusal of any Merchant honor or accept the Prepaid Payment Account;
14.2.9 any misstatement, misrepresentation, error or omission in any details disclosed by the Bank except as otherwise required by law;
14.2.10 If the Bank receives any process, summons, order injunction, execution distrait, levy, lien, information or notice which the Bank in good faith believes/ calls into question the Customer's ability, or the ability of someone purporting to be authorized by the Customer, to transact on the Prepaid Payment Account, the Bank may, at its option and without liability to the Customer or such other person, decline to allow the Customer to obtain any portion of his funds, or may pay such funds over to an appropriate authority and take any other steps required by Applicable Law. the Bank reserves the right to deduct from the balance available on the Prepaid Payment Account, a service charge and any expenses it incurs, including without limitation legal fees, due to legal action involving the Customer's Prepaid Payment Account;
14.2.11 In the event a demand or claim for settlement of outstanding dues from the Customer is made, either by the Bank or any person acting on behalf of the Bank, the Customer agrees and acknowledges that such demand or claim shall not amount to be an act of defamation or an act prejudicial to or reflecting upon the character of the Customer, in any manner.
14.3 Each party acknowledges that the other party has entered into these Terms and Conditions relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. The exclusions and limitations of liability contained in this Section 13 shall not apply to damages arising out of or relating to gross negligence or willful misconduct of a Party; or caused by breach of Applicable Laws, obligation of confidentiality or infringement of intellectual property rights.
15. SPAMMING
15.1 You may not use contact information provided by us or other users or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as spam. You may not allow others to use Your account to violate the terms of this section. We may terminate Your membership or access to the Website immediately and take other legal action if You or anyone using Your credentials violates these provisions.
16. ADDITIONAL TERMS
16.1 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.
17. DISCLAIMER
17.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE BANK HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, AVAILABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BANK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. Use of the Service is at Your own risk. No advice or information, whether oral or written, obtained by You from the Bank or through the Services will create any warranty not expressly stated herein. Without limiting the foregoing, the Bank does not warrant that the content is accurate, reliable or correct; that the Services will meet Your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Services is free of viruses or other harmful components. The Bank will not be liable for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of access to and/or use of the Services; interruption or stoppage Website; non-availability of connectivity links/hyperlinks.
17.2 Any material downloaded or otherwise obtained through the use of the Service is done at each Customer's sole discretion and risk and each Customer is solely responsible for any damage to its computer system or property or loss of data that results from the download of any such material.
17.3 The Bank does not warrant, endorse, guarantee, or assume responsibility for Products advertised or offered by a third party through the Services or any hyperlinked website or Service, or featured in any banner or other advertising, and the Bank will not be a party to or in any way monitor any Transaction between You and third-party providers of goods and/ or services.
17.4 The Services are controlled and operated from and in India. The Bank and/or its authorized service provider(s) makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all Applicable Laws, rules, regulations, guidelines including but not limited to export and import regulations and RBI regulations. You may not use the Service if You are a resident of a country embargoed by the India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in India.
17.5 The Banks sole obligation and Your sole and exclusive remedy in the event of interruption in Services or loss of use and/or access to Services, will be to use all reasonable endeavours to restore the Services and/or access as soon as reasonably possible.
17.6 The Bank makes no representations or guarantees regarding Merchants utilizing Prepaid Payment Account. Use of Prepaid Payment Account in no way represents any endorsement by the Bank of a Merchant's existence, legitimacy/legality, ability, policies, practices, beliefs as well as the Merchants Products and reliability. The Merchant alone will be responsible to the Customer and neither we nor anybody connected to us will have any responsibility or liability towards the Customer for goods and services purchased from the Merchant.
17.7 The relationship between the Bank and the Merchant is on principal-to-principal basis.
18. ADDITION, ALTERATION, WITHDRAWAL OF SERVICES AND AMENDMNET OF TERMS & CONDITIONS :
18.1 The Bank may, at its sole discretion, and to the extent permissible under Applicable Laws, make available to the Customer more services or make alteration in the services on the Prepaid Payment Account, point of sale terminals, internet or other wise and/ or other devices through shared networks for the Customer's convenience and use. All fees and charges related to Transactions done by the Customer at these devices as determined by the Bank from time to time will be recovered by a debit to the balance available on the Prepaid Payment Account. The Customer understands and agrees that the shared networks may provide different functionalities and service offerings and different charges for different services. The Bank shall also, in its sole discretion, at any time, without notice to the Customer, be entitled to withdraw, discontinue, cancel, suspend/ or terminate the facility to use the Prepaid Payment Account and/ or services related to it, at POS Terminal/ Internet/ other devices within India and shall not be liable to the Customer for any loss or damage suffered by him resulting in any way from such withdrawal, discontinuance, cancellation, suspension or termination.
18.2 We have the right, at our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time by posting notification here or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, after the initial posting and shall apply on a going-forward basis with respect to Transactions initiated after the posting date. You should make sure You view these Terms and Conditions periodically to make sure You are familiar with their most recent version. In the event that You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of the Services.
19. DISCLOSURE OF INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
19.1 The Bank reserves the right to disclose the Customer's information to any court of competent jurisdiction, quasi-judicial authorities, law enforcement agencies and any other wing of Central Government or State Government. The Customer hereby consents to sharing of their information with the Bank and its authorized service provider(s) or agencies or partners for providing Services in relation to the Prepaid Payment Account.
19.2 Any information relating to the Customer is generally used to provide the Services, improve the Services and otherwise for a detailed overview of what kind of information that the Bank collects, stores, uses, shares, please go through the privacy policy available on the Website.
19.3 The user interfaces, graphics, logos, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Service provided by the Bank are protected by copyright, designs, patent, and trademark laws, international conventions and other applicable intellectual property and proprietary rights of either the Bank or authorised service provider(s) of the Bank.
19.4 Nothing contained herein shall authorize the Customer to use, apply, invade or in any manner exploit or infringe the intellectual property rights of the Bank, and the usage of the same shall be in compliance with these Terms and Conditions and such approval and policies as may be notified from time to time. In addition, Customer undertakes not to infringe the intellectual property rights of any third party.
19.5 The Customer undertakes not to infringe the intellectual property rights of the Bank, whether directly or indirectly through any third party. The Customer warrants that it shall only use the Website, software application and the Services for the purposes of these Terms and Conditions. Customer or any other person empowered by the Customer shall not use the Website and software application and/or the Bank’s services and software in any form whatsoever, so as to:
19.5.1 design, realize, distribute or market a similar or equivalent software program;
19.5.2 adapt, modify, transform or rearrange the Bank or its third party service provider's software applications and Website or Merchant website for any reason whatsoever, including for the purpose, among other things, of creating a new software program or a derivative software program;
19.5.3 allow unauthorized use of or access to the Bank software applications and Merchant's website;
19.5.4 disassemble, reverse engineer, decompile, decode or attempt to decode the Bank software applications and Merchant's website;
19.5.5 allow the Bank software applications and Merchant's website to be disassembled, reverse engineered, decompiled or decoded; and/or
19.5.6 in any way override or break down any protection system integrated into the Bank software applications and Merchant's website.
20. DISPUTES
These Terms and Conditions will be governed by and be construed in accordance with the laws of India. All disputes are subject to the exclusive jurisdiction of the Courts in Mumbai, irrespective of whether any other Court may have concurrent jurisdiction in the matter. 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.

21. COMMUNICATION
21.1 When You use the Services or send emails or other data, information or communication to the Bank, You are aware of the risks involved in sending email Instructions, including the risk that email Instructions may: (a) be fraudulently or mistakenly written, altered or sent; and (b) not be received in whole or in part by the intended recipient; You declare and confirm that the You are fully aware of and having duly considered, the risks involved, (which risks shall be borne fully by You) have requested and authorised the Bank to rely upon and act on Instructions which may from time to time be given by email as mentioned above. The Bank may (but shall not be obliged to) act as aforesaid without inquiry as to You identity or authority giving or purporting to give any instruction or as to the authenticity of any email message and may treat the same as fully authorised by and binding on You regardless of the circumstances prevailing at the time of the instruction and notwithstanding any error, misunderstanding, lack of clarity, fraud, forgery, or lack of authority in relation thereto, and without requiring any confirmation provided that the concerned person acting on behalf of the Bank believed the instruction to be genuine at the time it was acted upon.
21.2 You consent to receive communications via electronic records from the Bank periodically and as and when required. The Bank will communicate with You by email or by notices on Your Prepaid Payment Account or electronic records on the Website which will be deemed adequate service of notice / electronic record. You hereby waive all your rights to challenge the service of documents under any and all legal proceedings if the document is served on your designated electronic address including Your Prepaid Payment Account in terms of Information Technology Act, 2000.
21.3 Notwithstanding anything contained herein or elsewhere, the Bank shall not be bound to act in accordance with the whole or any part of the instructions or directions contained in any Instruction and may in its sole discretion and exclusive determination, decline or omit to act pursuant to any instruction, or defer acting in accordance with any instruction, and the same shall be at Your risk and the Bank shall not be liable for the consequences of any such refusal or omission to act or deferment of action.
21.4 Customers can contact the Bank at any of the below mentioned points: Email to care@freecharge.in and Telephone No. 0124-4330000
22. FEES AND CHARGES
22.1 All fees and charges related to Prepaid Payment Account, as determined by the Bank will be recovered by a debit to the Prepaid Payment Account or through other means as available and applicable. The fee is not refundable. Any government charges, duty or debits, or tax payable as a result of the use of the Prepaid Payment Account shall be the Customer's responsibility and if imposed upon the Bank (either directly or indirectly), the Bank shall debit such charges, duty or tax against the Prepaid Payment Account
22.2. The Bank reserves the right at any time to charge the Customer any fees/ charges for the Transactions carried out by using Your Prepaid Payment Account.
22.3 Charges applicable for using Prepaid Payment Account are subject to change from time to time at the discretion of the Bank. Details of the currently applicable fees and charges as stipulated by the Bank, will be displayed on the Website.
Existing Fees Schedule :
Type of Prepaid Payment Account Transaction Fees (Amount in INR)
Issuance Fee NIL
Loading Fee NIL
Fund Transfer (To another Prepaid Payment Account) NIL
Fund Transfer (To the Bank Account) NIL
Service Tax, unless explicitly stated in this Schedule of Charges, as may be applicable from time to time on all fees, surcharge and other charges will be levied to the Customer.
23. GENERAL PROVISIONS
23.1 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. The Bank's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by the Bank to any third parties without the requirement of seeking Your prior consent. The Bank may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement on best effort basis.
23.2 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. The Bank 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.
23.3 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.
23.4 Force Majeure: If performance of any service or obligation under this Agreement by the Bank 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 the Bank or its third parties performing such services as sub-contractor to the Bank and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then the Bank shall be excused from such performance to the extent of and during the period of such Force Majeure Event. The Bank shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
23.5 Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until the Bank chooses to terminate them.
If You have any questions or concerns about this Agreement, please send us a thorough description to care@freecharge.in. We strive to respond to all User requests.
If You have any questions or claims of copyright infringement, please contact us at care@freecharge.in.

Privacy Policy for FreeCharge Balance Issued by Yes Bank

THIS PRIVACY POLICY IS AN ELECTRONIC 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 PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND YES BANK (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS AGREEMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND YES BANK FOR THE USE OF THE WEBSITE (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR ACCESS OR USAGE OF HYPERLINK http://www.myrefers.com/, THE WEBSITE, DATA AND INFORMATION.

PLEASE READ THIS PRIVACY POLICY CAREFULLY.BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND AND AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT PROCEED FURTHER TO USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO YES BANK AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.

Yes Bank Limited its affiliates, group companies, Associate Companies (collectively, "Yes Bank") is concerned about the privacy of the data and information of users (including sellers and buyers/customers whether registered or non-registered) accessing services onwww.accounts.freecharge.in or mobile application ("Website"). "Associate Companies" here shall have the same meaning as ascribed in Companies Act, 2013.

The terms 'We'/'Us'/'Our' individually and collectively refer to Yes Bank and the terms "You" / "Your" / "Yourself" refer to the users.

Yes Bank has provided this "Privacy Policy" to familiarise You with:

The type of data or Information that You share or provide with Yes Bank and that Yes Bank collects from You;

The purpose for collection of such data or Information from You;

Yes Bank's information security practices and policies;

Yes Bank's policy on sharing or transferring Your data or Information with third parties

This Privacy Policy may be amended / updated from time to time.. We suggest that you regularly check this Privacy Policy to apprise yourself of any updates. Your continued use of Website or provision of data or information thereafter will imply Your unconditional acceptance of such updates to this Privacy Policy.

Information provided or collected and storage of the same:

The "Information" (which shall also include data) provided by You to Yes Bank or collected from You by Yes Bank may consist of "Personal Information" and "Non-Personal Information". The term Personal Information shall include 'sensitive personal information or data' as may be provided under applicable law from time to time and as may be provided by you or collected by Yes Bank from time to time for the Purposes as mentioned herein or as permitted under applicable laws.

Personal Information

Personal Information is information collected that can be used to uniquely identify or contact You. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:
Your user name along with password
Your name,
Your address,
Your telephone number, e-mail address or other contact information,
Your date of birth,
Your gender,
Information about your transaction on Website, purchase history
Your financial information such as bank account information or credit card or debit card or other payment instrument details.
Internet Protocol address,
Identification code of your communication device which You use to access any Website or otherwise deal with Yes Bank,
Any other Information that You provide during Your registration process, if any, with the Website
Such Personal Information may be collected in various ways including during the course of You:
registering as a user on the Website,
registering as a seller on the Website,
availing certain services offered on the Website. Such instances include but are not limited to making an offer for sale, online purchase, participating in any online survey or contest, communicating with Yes Bank's customer service by phone, email or otherwise or posting user reviews on the items available on the Website, or

otherwise doing business on Yes Bank Website or otherwise dealing with Yess Bank.
We may receive Personal information about you from third parties, such as social media services, commercially available sources and business partners. If you access Website through a social media service or connect a service on Website to a social media service, the information we collect may include your user name associated with that social media service, any information or content the social media service has the right to share with us, such as your profile picture, email address or friends list, and any information you have made public in connection with that social media service. When you access Yes Bank Services or otherwise deal with Yes Bank through social media services or when you connect a Yes Bank Service to social media services, you are authorizing Yes Bank to collect, store, and use and retain such information and content in accordance with this Privacy Policy.

Non-Personal Information

Yes Bank may also collect information other than Personal Information from You through the Website when You visit and /or use the Website. Such information may be stored in server logs. This Non-Personal Information would not assist Yes Bank to identify You personally.

This Non-Personal Information may include:

Your geographic location,

Details of Your telecom service provider or internet service provider,
the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.),

the operating system of Your system, device and the Website You last visited before visiting the Website.

The duration of Your stay on the Website is also stored in the session along with the date and time of Your access.

Please do note that Personal Information and Non Personal Information may be treated differently as per this Privacy Policy.

You hereby represent to Yes Bank that the Information you provide to Yes Bank from time to time is and shall be authentic, correct, current and updated and you have all the rights, permissions and consents to provide such information or data to Yes Bank. Your providing the Information to Yes Bank and Yes Bank's consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.

Yes Bank and its officers, directors, contracts or agents shall not be responsible or liable for the authenticity of the Information that You or any other user has provided. You shall indemnify and hold harmless Yes Bank and each of Yes Bank's officers, directors, contracts or agents and any third party relying on the Information provided by You in the event You are in breach of this and the immediately above paragraph.

Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Republic of India but under compliance with applicable laws. We may enter into agreement with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.

Purpose for collecting using, storing and processing Your Information

Yes Bank collects, uses, stores and processes, Your Information for any purposes, as may be permissible under applicable laws, (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) and shall include the following:

to facilitate Your use of the Website;
to respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Website;
to provide You with information about products and services available on the Website and to send You information, materials, and offers from Yes Bank;
to send You important information regarding the Website, changes in Website terms and conditions, user agreements, and policies and/or other administrative information;
to send You surveys and marketing communications that Yes Bank believes may be of interest to You;
to personalize Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
to help You address Your problems incurred on the Website including addressing any technical problems;
if You purchase any product or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
for proper administering of the Website;
to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
to improve the services, content and advertising on the Website;
to provide value added services such as Single Sign On. Single Sign On 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 multiple websites and applications;
to protect the integrity of the Website;
to respond to legal, judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
to conduct analytical studies on various aspects including user behaviour, user preferences etc.
to permit third parties who may need to contact customers who have bought products from the Website to facilitate installation, service and any other product related support;
implement information security practices;
determining any security breaches, computer contaminant or computer virus;
undertaking forensic of the concerned computer resource as a part of investigation or internal audit;
tracing a computer resource or any person who has contravened, or is suspected of having or being likely to contravene, any provision of Information Technology Act, 2000 that is likely to have an adverse impact on the services provided by Yes Bank;
[Individually and collectively referred to as ("Purposes")]
Sharing, transferor disclosure of Your Information
You hereby unconditionally agree and confirm that Yes Bank may transfer, share, disclose, part with all or any of Your Information, within and outside of Republic of India to Yes Bank's Associate Companies/ Group Companies/ affiliates / agents / third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law.

You agree and acknowledge that Yes Bank may transfer Your Information to countries other than Republic of India but in compliance with applicable laws. You acknowledge and agree that to the extent permissible under applicable laws, it is adequate that when Yes Bank transfers Your Information to any other entity within or outside Your country of residence, Yes Bank will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.

You agree and confirm that Yes Bank may share statistical data and other details (other than Your Personal Information) without any further express or implied consent from your end to facilities various programmes or initiatives launched by Yes Bank, its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. You agree and confirm that we may transfer/disclose/share Information to those parties who support our business, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. These affiliates and third party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy.

You agree and confirm that we may use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards etc. to enable You to make payments for buying products or availing services on Yes Bank. When You sign up for these services, You will have the ability to save Your card details for faster future payments. Also, We will share relevant personal information as necessary for the third party to provide that service, including your name, residence and email address. The processing of payments or authorization is solely in accordance with these third parties policies, terms and conditions and we are not in any manner responsible or liable to You or any third party for any delay or failure at their end in processing the payments.

You agree and confirm that Yes Bank may also share Personal Information if Yes Bank believes it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, and situations involving potential threats to the physical safety of any person, violations of Terms of Use or our policies.

You agree and confirm that YES Bank reserves the right to disclose your information when required to do so by law or regulation or under any legal obligation or order under law, or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.

You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.

Links to third party websites
Links to third-party advertisements and third-party websites or any third party electronic communication service may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, Yes Bank unless expressly specified on the Website.

Yes Bank shall not be responsible for any form of transmission, whatsoever, received by You from any third party website. Accordingly, Yes Bank does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party websites, nor does Yes Bank control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such third party websites. The inclusion or exclusion does not imply any endorsement by Yes Bank of the third party websites, the services or products offered by third parties, the website's provider, or the information on the website. The information provided by You to such third party websites shall be at your sole discretion and risk. Further, the information provided by You to such third party websites shall be exclusively governed in accordance with the privacy policies of such third party websites and It is recommended that You review the privacy policy of such third party websites prior to using such websites.

Security & Retention
The security of your Personal Information is important to us. Yes Bank strives to ensure the security, of Your Personal Information and to protect Your Personal Information against any unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Yes Bank adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to safeguard against unauthorized access to systems where Yes Bank stores Your Personal Information. Yes Bank shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release Yes Bank from any claim of damages under contract or under tort.

If you choose a payment gateway to complete any transaction on Website then Your credit card data may be stored in compliance with industry standards / recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).

Yes Bank may share your information to third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, Yes Bank shall not be responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Yes Bank shall not be liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).

Notwithstanding anything contained in this Policy or elsewhere, Yes Bank shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

A "Force Majeure Event" shall mean any event that is beyond the control of Yes Bank and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, terrorist activities, computer hacking, unauthorised access to computer computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable control of Yes Bank), power or electricity failure or unavailability of adequate power or electricity.

While We will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge, agree and confirm that the internet is not 100% secure and that We cannot provide any absolute assurance or guarantee regarding the security of Your Personal Information.

You agree and confirm that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. The Non-Personal Information will be retained by us for perpetuity.

User Discretion and opt out

You agree and acknowledge that You are providing your Information out of your free will and informed consent. You have an option not to provide or permit Yes Bank 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 Yes Bank as may be notified to You, from time to time. In such case, You should neither visit any Website nor use any services provided by Yes Bank nor shall contact Yes Bank. This may include Yes Bank not delivering a product to You, upon Your order, or Yes Bank denying you access from using certain services offered on the Website.

You can add or update Your Personal Information on regular basis. Kindly note that Yes Bank would retain Your previous Personal Information in its records till such time required for the Purpose or required under applicable law, whichever is later.

Grievance Officer
If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Privacy Policy or any terms of Yes Bank's Terms of Use, Term of Sale and other polices, please contact Yes Bank at grievanceofficer@freecharge.com. The details of the grievance officer can be changed by us from time to time by updating this Privacy Policy.
Further Acknowledgements
You hereby acknowledge agree and confirm that this Privacy Policy:
is clear and easily accessible and provide statements of Yes Bank policies and practices with respective to the Information;
provides for the various types of personal or sensitive personal data of information to be collected;
provides for the purposes of collection and usage of the Information;
provides for disclosure of Information; and provides for reasonable security practices and procedures.
You further consent and acknowledge to receiving notifications through text messages, emails and phone calls from Yes Bank and its affiliates, Associate Companies, agents, third party service providers, partners and other agencies in connection with any of the Purposes. You are fully aware of and having duly considered, the risks involved, (which risks shall be borne fully by You) in receiving notifications through text messages, emails and phone calls and agree to be bound by the same.

Standard Terms of Sale

Last updated on October 15, 2015

THESE TERMS OF USE ("AGREEMENT") IS AN ELECTRONIC 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 SIGNATURE.
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.

1.
Definitions



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.
2.
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.
  • 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 subject to Freecharge Privacy Policy.
3.
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 Affiliate Sites may have their respective independent user terms and conditions and privacy policy which are 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 and privacy policy will apply.
  • 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.
4.
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.
ADDITIONAL TERMS



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.

6.
Fees & Charges


  • 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.
7.
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.
INDEMNIFICATION


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.

9.
MODIFICATION


  • 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.
10.
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.
GENERAL PROVISIONS


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.
Grievance Redressal


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: care@freecharge.in
Telephone number 0124-4330000
Freecharge may change the aforesaid details from time to time under intimation to You.