TERMS OF SERVICE AND REFUND POLICY
Terms of Service
These Terms of Service (“Terms”) read with the Other Agreements (defined below) constitute a binding and enforceable agreement by and between Kuruvila Technologies Private Limited, a private limited company incorporated under the Companies Act, 2013, with its registered office at F-17, Dreams the Mall, LBS Marg, Bhandup (West), Mumbai – 400078 Maharashtra - India (“the Company”, “we”, “us”, or “our”) and you (“Partner”, “you” or “your”). The Company and the Partner shall also be referred to as “Party” or “Parties”.
These Terms apply to all visitors, users and others who access or use the Service. You agree and acknowledge that the Company may make commercially reasonable changes to the nature and scope of Services provided without prior notice to you.
The Company reserves the right to update these Terms from time to time. Any such modifications shall be effective immediately from the date of posting on the Platform or or, via email to your registered email ID, as the case may be. The Company shall make best efforts to communicate all such modifications to your registered email ID.
For the purposes of these Terms,
a. “Applicable Law” shall mean all applicable statutes of any legislative body in India, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental Authority, and shall also include all guidelines, regulations, circulars, directions issued by the Reserve Bank of India (RBI)/National Payments Corporation of India (NPCI)/Securities Exchange Board of India (SEBI)/other relevant regulator;
b. “Force Majeure Event” means any event including but not limited to an act of God, fire, epidemic, natural calamity; riots, civil commotion or unrest, terrorism, war, strikes or lockouts; expropriation or other governmental actions; any changes in Applicable Law or regulation beyond the control of any Party which restricts or prohibits the performance of the obligations of such Party;
c. “Governmental Authority” shall include the President of India, the government of India, the Governor and the government of any state in India, any Ministry or Department of the same, any municipal or local government authority, any authority or private body exercising powers conferred by Applicable Law and any court, tribunal or other judicial or quasi-judicial body, and shall include, without limitation, a stock exchange, SEBI, RBI, NPCI and any other regulatory body.
d. “Intellectual Property” means all patents, trademarks, permits, service marks, brands, trade names, trade secrets, proprietary information and knowledge, technology, computer programs, databases, copyrights, licenses, franchises, formulae, designs and other Confidential Information.
2. Registration Terms
2.1. To access and use the Services, you agree to provide true, accurate and complete information to the Company at all times during and after registration, and you shall be responsible for all acts done through the use of your registered account.
2.2. The continued provision of the Services shall be subject to:
a. these Terms, the provisions of the Other Agreements, and Applicable Law;
b. your acceptance and continued compliance with Clause 10 (Acceptable Use);
c. your satisfactory completion of and compliance with all Know Your Customer (KYC)/Anti-Money Laundering (AML)/Combating Financing of Terrorism (CFT) processes instituted by the Company in accordance with Applicable Law; and
d. your payment of the service charges mutually agreed by you and the Company as consideration for the Services.
To avail the Services, a User would be required to create a profile/sign-up on the Platform (“Profile”) using his/her email ID and phone number among other details. In addition to setting up username and password to create the Profile, the User will be required to furnish certain details, including but not limited to phone numbers and details of its businesses, office locations, location specific users and account details. The User warrants that all information furnished in connection with its Profile is and shall remain accurate and true in all respects. The User further agrees and undertakes to promptly update its details on the Platform in the event of any change or modification of such details.
The User is solely responsible for maintaining the security and confidentiality of its username and password and agrees to immediately notify the Company in writing of any disclosure or unauthorized use of its Profile or any other breach of security with respect to its Profile.
The User expressly agrees to be liable and accountable for all activities that take place through its Profile in furtherance of the use of Service or otherwise. The Company expressly excludes any liability for any unauthorized access to a User’s Profile.
The User agrees to receive communications from the Company regarding: (i) information relating to transactions recorded on the Platform; (ii) requests for payment; (iii) information about the Company and the Services; (iv) promotional offers and services from the Company and its third party partners, and (v) any other matter in relation to the Services.
4. Third party services
The Company makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
The Company enables payments via payment service providers (“PSP”) partners and the User should take care not to share his personal pin or OTP with any third party intentionally or unintentionally. The Company never solicits information such as pin or OTP over a call or otherwise. The Company shall not be liable for any fraud due to the sharing of such details by the User. The providers providing Third Party Services / PSP partners shall not be liable for any fraud due to sharing of such details by the User. If any of such fraudulent transactions occur and where the User shares his debit/credit card or payment information, the Company may share relevant information of such transaction if the victim approaches the Company via proper channels including customer support number given below
5. Intellectual Property:
All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise lawfully licensed by the Company. Subject to compliance with these Terms, the Company grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.
The User should assume that everything the User sees or reads on the Platform is protected under the Indian Copyright Act, 1957 and other intellectual property laws of India and may not be used except with the prior written permission of the Company.
Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to the Company’s or any third party’s intellectual rights.
The contents of the Platform, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyright-protected in the whole and every part of this Platform and the same belongs to the Company and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of the Company.
6. Representations and Warranties
6.1. Each Party hereby represents and warrants to the other that:
a. It is duly organized and validly existing under the laws of India, and has full authority and corporate power to agree to these Terms and carry out its provisions; and
b. These Terms are binding upon it and do not conflict with any other agreement, instrument or understanding to which it is bound.
7.1. You agree that you shall use the Services only in accordance with, and as permitted by Applicable Law, and that all transactions conducted by you through use of the Services are made with respect to products and services which are not in breach of Applicable Law. Further, you are solely responsible for complying with all Applicable Law(s) within the territory in which you operate.
7.2. You agree that you shall not (a) attempt to reverse engineer the Platform, Website, the Services or any component thereof, (b) attempt to create a substitute or a similar service through use of, or access to, the Console, Website or the Services, and (c) use the Services for any activities that are illegal under applicable law or in breach of Clause 7 (Acceptable Use).
7.3. In addition to the specific authorizations made under the Other Agreements, you hereby authorize the Company to hold, receive, transfer and settle funds on your behalf. This authorization shall enable the Company to (a) generate electronic funds transfers between payment services or networks, and an account where such funds shall be processed, and (b) further transfer payments received in such a manner to the Bharat Bill Payment Operating Unit (BBPOU)’s designated account for further settlement to the intended beneficiary as per Applicable Law.
7.4. You agree that you shall promptly cooperate with the company’s reasonable investigation of outages of the Platform, security issues, and any suspected breach of these Terms and under the Other Agreements.
7.5. You agree that you shall not hold the Company liable for any delay, loss, costs, damages, claims, or actions that may be suffered or incurred by you in relation to (a) downtime of the Services owing to any reason beyond the reasonable control of the Company, or (b) any other reason beyond the reasonable control of the Company owing to which any Service is delayed or fails.
8. Acceptable use
8.1. You agree that you shall not use the Services to conduct transactions in relation to any activity that is prohibited or restricted under Applicable Law, including but not limited to:
a. Drugs and other controlled substances including narcotics, steroids, natural or synthetic drugs and all drugs listed in the Narcotic Drugs and Psychotropic Substances Act, 1985 as amended from time to time,
b. Adult material, goods and services, including pornography, pornographic materials involving minors, escort or prostitution related services, or other obscene materials suggestive of sexual violence,
c. Human parts or remains, and any animals or animal parts,
d. Goods, material, media or software that are counterfeit, unauthorized for circulation or are violative of intellectual property rights,
e. Toxic, poisonous, radioactive or hazardous materials, firearms, and any biological, chemical or nuclear weapons,
f. Virtual currency or cryptocurrencies,
g. Circumvention devices such as descramblers, bank card readers, skimmers, and other devices designed to intentionally block, jam or interfere with authorized radio, web or telecommunications,
h. Manuals, how-to guides or other information enabling illegal access to protected property, and
i. Any material which encourages or incites violent acts, or promotes intolerance or hatred on the basis of race, caste, ethnicity, religion, sex or other factors.
8.2. You further agree to not use the Services to host, display, upload, modify, publish, transmit, update or share any information which:
a. Belongs to another person or over which you do not have any right,
b. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner,
c. Is harmful to minors,
d. Infringes any patent, trade mark, copyright or any proprietary,
e. Violates any law for the time being in force,
f. Is deceptive or misleading about the origin of such information, or is grossly offensive or menacing in nature,
g. Impersonates any person,
h. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any digital system or computer resource, or
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 cognisable offence or prevents investigation of any offence or insults other nations.
8.3. The above list is not exhaustive, and the Company reserves the right to terminate Services, if in the estimation of the Company, you engage in transactions that are violative of Applicable Law or the Company’s internal policies.
9.1. The Parties agree that all information obtained, developed, created, or disclosed including all documents, data, sensitive personal information, papers and statements of the Customers and trade secrets of the other Party relating to its business practices and their competitive position provided to the Parties in connection with the performance of obligations under these Terms shall be considered to be confidential and proprietary information ("Confidential Information”).
9.2. The Confidential Information shall be safeguarded and the Parties must take all necessary actions to protect it against misuse, loss, destruction, or modification. In the event of a breach or threatened breach by either Party of this provision, monetary damages alone may not be sufficient remedy and the other Party may, without waiving any other rights or remedies, be entitled to injunctive or equitable relief.
9.3. The obligations in respect of Confidential Information shall survive termination of these Terms and Other Agreements and deletion of your account.
9.4. Information shall not be treated as Confidential Information if it (a) is in or enters the public domain, (b) is known to the receiving Party at the time of first receipt, or thereafter becomes known to it prior to such disclosure without similar restrictions from a source other than the disclosing Party, as evidenced by written records, or (c) is disclosed pursuant to any Applicable Law or order of any court or regulatory authority having jurisdiction over the receiving Party.
10. Refund policy
While availing the Services, transactions which have failed for any reason directly attributable to the Platform, and we receive corresponding confirmation from the BBPOU or, the payment gateway will be refunded* to the user's bank registred account with us, within 3-15 working days from the date of transaction.
*Please note that only the actual transaction amount will be refunded, excluding payment gateway charges and all applicable taxes.
However, for cases where the user has received a successful completion confirmation but has yet to receive Services, the user can submit a complaint via the Platform. In an extreme case, we may refund the payment deducting necessary professional service charges based on the inquiry. Our liability will be restricted to providing the user with a valid refund to the extent of the corresponding payment received by the Company concerning a particular transaction.
The company shall not be responsible for any other claim or consequential liability arising from failed assistance or delay in payment from your end, on our Platform. You understand that it is your responsibility to ensure that all payments are duly completed one day before the due date for payment and the Company is not liable for any penalty or consequential damages arising out of such negligence.
11. Force Majeure
11.1. Notwithstanding anything contained in these Terms, the Parties shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by a Force Majeure event.
12. Governing law
12.1. These Terms shall be governed and construed in accordance with the laws of India and subject to Clause 13 (Arbitration) the Parties irrevocably submit to the exclusive jurisdiction of the courts in Mumbai.
13.1. In the event of any disputes arising between the Parties in connection with these Terms and the Other Agreements, the Parties shall first attempt to amicably settle them, failing which they shall be referred to arbitration by a sole arbitrator appointed by mutual agreement. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The proceedings shall be held in Mumbai, and the courts there shall have exclusive jurisdiction.
These Terms shall remain in effect as long as you continue to access the Platform, avail the Services, or maintain an Account on the Platform.
You shall indemnify, defend at the Company’s option, and hold the Company, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your access of the Services.
16. Limitation of liability
16.1. You acknowledge and agree that to the extent permitted by Applicable Law, the Company shall not be liable under these Terms for lost revenues, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute services, or indirect, special, incidental, consequential, exemplary, or punitive damages, losses or expenses resulting from your use of the Services.
17. Disclaimer of warranties
17.1. The Services and each portion thereof are provided "AS IS" without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, we disclaim all warranties, express or implied, with respect to the Services.
19.1. These Terms do not create any partnership or principal-agent relationship between the Parties.
19.2. The illegality, invalidity or un-enforceability of any of these Terms shall not affect the legality, validity or enforceability of the other provisions hereof.
Any violation or threatened violation of this Agreement will cause irreparable injury to Company, entitling Company to obtain injunctive relief in addition to all legal remedies without showing or proving any actual damage and without any bond being required to be posted.
Last updated 10th January, 2023
Please note that this policy only covers the information that we collect, use and share. It does not cover any websites, products, or services that may be provided by third parties in the course of your access of our Services. We encourage you to review the respective privacy policies of those third parties for information about their practices.
Services are not intended for the use of any person under the age of 18. If you are under 18, please do not use the Services. If we learn that we have collected any personal data from a child under 18, we shall delete this information at the earliest.
2. Information collected:
2.1 Email id, phone number, and company information – for the purpose of sending product updates, technical alerts, support, responses to complaints and other communication.
2.2 IP address - To help us ensure our website and services function correctly, improve compatibility and security
2.3 Browser data and IP address - To help us ensure our website and services function correctly, improve compatibility and security.
2.4 Demographic and contact details (legal name, address, location etc.) - To create user accounts, carry out customer due diligence, suspicious activity reporting, foreign exchange and international trade, tax reporting and other applicable laws, regulations, and to enable various services on the platform.
2.5 Bank account details and other financial information - To facilitate financial transactions through our Services.
2.6 Passwords - To verify your identity in the use of the Services, in the event you create a user account on our platform.
This section will be updated as and when we add new products and features.
3. Sharing and disclosure
We may share your information with:
(i) Our subsidiary and affiliate companies, as well as select business partners with whom we have a contractual relationship,
(ii) Our advisors, auditors and other service providers to the extent necessary for the performance of their services,
(iii) Government bodies or law enforcement agencies pursuant to a legal obligation, compliance or corporate governance function.
4. Security practices
We follow industry-standard best practices with respect to storage of your information, and to protect your information from theft, loss, unauthorized access, misuse and modification. We limit access to your information to those of our employees and advisors who have a need to know such information. We store your information using a third party cloud platform solely on their servers located within India.
5. Updates to this policy
We may periodically update this policy, and it is your responsibility to check this page frequently in order to stay up to date with changes. The date of the current version is mentioned at the top of this page. In case of any significant and material changes to this policy, we may email you to explain the changes.
6. Review of information
You may review any information which you provide to us. In case any personal or sensitive personal information you provide to us is found to be inaccurate or deficient, you may correct or amend such information.
7. Data retention
As permitted under applicable law, we may retain your information even after you terminate use of the Services. However, such information will continue to be processed as required by law and in accordance with this policy.
8. Data Destruction and security
Your information collected during your usage of the Services is purged after termination of the Services, provided that we are not required to retain your information under applicable law.
We use commercially reasonable and legally required precautions to preserve the integrity and security of your information against loss, theft, unauthorized access, disclosure, reproduction, use or amendment. Kuruvila Technologies Private Limited assumes no liability for any disclosure of information due to errors in transmission, unauthorized third party access or other acts of third parties that occur despite taking requisite precautions, or acts or omissions beyond its reasonable control, and you agree not to hold Kuruvila Technologies Private Limited responsible for any such breaches.
In the event Kuruvila Technologies Private Limited becomes aware of any breach of the security of your information, we will promptly notify you and take appropriate action to the best of our ability to remedy such a breach in compliance with applicable laws. In this event, we may need to disclose the details of such a breach to the relevant regulatory authorities.
9. Grievance Officer
You may write to our grievance officer, at the following address:
Customer service desk
Kuruvila Technologies Pvt. Ltd.
B-117, Eastern Business District, LBS Marg, Bhandup West, Mumbai City MH 400078