Use of the Mobiteq Platform / Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Mobiteq website located at Mobiteq.com, and all associated sites linked to Mobiteq.com, or the Mobiteq mobile application or any similar platform (hereinafter collectively, the Mobiteq Platform run by One97 Communications Limited, having its registered office at or Mobiteq ) on any device and/or before availing any services offered by Mobiteq on the Mobiteq Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by Mobiteq on the Mobiteq Platform (hereinafter individually, and collectively, the Mobiteq Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Mobiteq Services, whether offered by Mobiteq Payment or its affiliates.

Acceptance

By registering on, accessing, browsing, downloading or using the Mobiteq Platform for any general purpose or for the specific purpose of availing any Mobiteq Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Mobiteq Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any Mobiteq Service or any future service that may be offered by Mobiteq on the Mobiteq Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Mobiteq Platform or availing any Mobiteq Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Mobiteq Platform and immediately terminate Your availing the Mobiteq Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Mobiteq Platform or a customer or beneficiary of the Mobiteq Services, and Mobiteq. All services are rendered by Mobiteq through the Mobiteq Platform under the brand name “Mobiteq” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Mobiteq, regarding Your use of Mobiteq’s digital services (which includes but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets), the semi closed wallet service, the marketplace service or any such other services which may be added on the Mobiteq Platform and which will henceforth be a Mobiteq Service, from time to time. The Mobiteq Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Mobiteq grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Mobiteq Platform and/or avail the Mobiteq Services.

Eligibility

The Mobiteq Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Mobiteq from availing the Mobiteq Services or accessing the Mobiteq Platform. By accepting the T&Cs or by otherwise using the Mobiteq Services on the Mobiteq Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Mobiteq, or disqualified for any other reason, from availing the Mobiteq Services or using the Mobiteq Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Mobiteq reserves the right to suspend or permanently prevent You from availing Mobiteq Services or using the Mobiteq Platform.

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific Mobiteq Services and to specific portions or features of the Mobiteq Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Mobiteq Platform or for any Mobiteq Service offered on or through the Mobiteq Platform, the latter terms shall control with respect to Your use of that portion of the Mobiteq Platform or the specific Mobiteq Service. Mobiteq may make changes to any Mobiteq Services offered on the Mobiteq Platform, or to the applicable terms for any such Mobiteq Services, at any time, without notice. The materials on the Mobiteq Platform with respect to the Mobiteq Services may be out of date, and Mobiteq makes no commitment to update the materials on the Mobiteq Platform with respect to such Mobiteq Services. The following terms also govern and apply to Your use of the Mobiteq Platform, and they are incorporated herein by this reference:

SSOID Service, Participating Platforms

Mobiteq’s SSOID service offers You the convenience, after a one-time registration any Mobiteq Platform, to sign on (log in) to all web pages and online platforms operated by Mobiteq or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Mobiteq’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Mobiteq is solely responsible only for those content that it actually operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by One97 for use on all Participating Platforms. For the use of Mobiteq’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform Mobiteq immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that Mobiteq sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts Mobiteq’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. Mobiteq is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Mobiteq) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account. If the mobile phone number or e-mail address provided by You to Mobiteq Platform for the SSOID service is transferred/surrendered/deactivated due to any reason, it shall be your responsibility to contact Mobiteq and have the number/email address duly updated in Mobiteq records before it is transferred/surrendered/deactivated. In case of any failure to have the updation request duly raised with Mobiteq, Mobiteq shall not be liable for any misuse of Your account.

Communication Policy

By accepting the T&Cs, You accept the following:

• Mobiteq may send alerts to the mobile phone number provided by You while registering with the Mobiteq Platform for the SSOID service or on any updated mobile number subsequently provided by You on the Mobiteq Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
• Mobiteq will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from Mobiteq as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Mobiteq Platform or availing any Mobiteq Services. Mobiteq shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Mobiteq liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
• You authorize Mobiteq to contact You and communicate with You for any Mobiteq Service or Offer(s). Mobiteq may use third party service providers to send alerts or communicate with You. You authorize Mobiteq and Mobiteq Entities to override the DND settings to reach out to You over calls, SMS, emails and any other mode of communication.
• The SMS/e-mail alert/push notification service provided by Mobiteq is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, Mobiteq shall be immediately informed about the same by You and Mobiteq will make best possible efforts to rectify the error as early as possible. You shall not hold Mobiteq liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
• The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Mobiteq shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
• You will indemnify and hold harmless Mobiteq and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Mobiteq or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Mobiteq and/or the SMS/e-mail service provider

Use of Mobiteq Platform

You understand that except for information, products or services clearly indicated as being supplied by Mobiteq, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Mobiteq cannot and does not guarantee or warrant that files available for download through the Mobiteq Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.

Termination; Agreement Violations

You agree that Mobiteq, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Mobiteq Services/Mobiteq Platform and remove and discard on the Mobiteq Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. Mobiteq may also in its sole discretion and at any time discontinue providing access to the Mobiteq Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Mobiteq Services/Mobiteq Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Mobiteq will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Mobiteq may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Mobiteq Services/Mobiteq Platform.

Limitation of Liability and Damages

In no event, Mobiteq or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Mobiteq Services, the Mobiteq Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Mobiteq Services, the Mobiteq Platform (including any and all materials) or any reference sites/app/platform/service, even if Mobiteq or a Mobiteq authorized representative has been advised of the possibility of such damages. In no event, Mobiteq, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Mobiteq Services, the Mobiteq Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Mobiteq services, the Mobiteq Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Mobiteq, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Mobiteq Service or the Mobiteq Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that Mobiteq has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Mobiteq, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Mobiteq. Mobiteq would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Mobiteq’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold Mobiteq, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Mobiteq Services or of the Mobiteq Platform; (ii) any violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Mobiteq reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Mobiteq, including rights to settle, and You agree to cooperate with Mobiteq’s defense and settlement of these claims. Mobiteq will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, Mobiteq and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Mobiteq or through the Mobiteq Services or the Mobiteq Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Mobiteq” includes Mobiteq’s officers, directors, employees. You acknowledge that Mobiteq is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the Mobiteq Services on the Mobiteq Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Mobiteq does not warrant that the Mobiteq Services will be uninterrupted or error-free or that defects in the site will be corrected. The Mobiteq Services and the Mobiteq Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Mobiteq, and its partners do not warrant that the data, Mobiteq software, functions, or any other information offered on or through the Mobiteq Services/Mobiteq Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Mobiteq and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Mobiteq Services/Mobiteq Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the Mobiteq Services/Mobiteq Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Mobiteq be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Mobiteq Platform.

Ownership; Proprietary Rights

The Mobiteq Services and the Mobiteq Platform are owned and operated by Mobiteq. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Mobiteq Services and the Mobiteq Platform provided by Mobiteq (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Mobiteq, all Materials, trademarks, service marks, and trade names contained on the Mobiteq Platform are the property of Mobiteq. You agree not to remove, obscure, or alter Mobiteq or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Mobiteq Services/Mobiteq Platform. Except as expressly authorized by Mobiteq, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Mobiteq reserves all rights not expressly granted in this Agreement. If You have comments regarding the Mobiteq Services and/or the Mobiteq Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Mobiteq, and shall assign to Mobiteq, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

Mobiteq reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Mobiteq Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Mobiteq Platform, availing the Mobiteq Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Mobiteq Services/Mobiteq Platform. For certain changes, Mobiteq may be required under applicable law to give You advance notice, and Mobiteq will comply with such requirements.Your continued use of the Mobiteq Platform following the posting of changes will mean that You accept and agree to the changes.

Notice

Mobiteq may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Mobiteq Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Mobiteq must be sent by courier or registered mail to One97 Communications Ltd., B-121, Sector-5, Noida, Uttar Pradesh 201301, India.

Waiver

The failure of Mobiteq to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Mobiteq.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any Mobiteq Service or the Mobiteq Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Mobiteq may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or Mobiteq may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or Mobiteq (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Mobiteq may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Mobiteq. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.