This is anEnd User License Agreement (“EULA” or “Agreement”) between you (“You”) /“Customer” and HARSHIT INFO SOLUTIONS PRIVATE LIMITED having CIN U74900DL2013PTC253261and Registered Office at E-13, GROUND FLOOR, LAXMI NAGAR, DELHI – 110092, Delhi, INDIA(“Harshit”) and governs your use of the “App Money” mobile application (“Application”). You acknowledge and agree that to the extent not in conflict with this EULA, your use of Application will be subject to the Terms of Service provided with those services and the Private Policy.
Subject to the terms of this EULA, Harshit grants you a limited, non-exclusive, non-transferable and revocable license to use the application on any mobile device owned or controlled by You that can access the Android Market site operated by Google Inc. / Google Play Store and /or any other market site operated or controlled by Google Inc. or any third party hosting the Application.
Harshit and/or the Harshit business partner reserve the right to charge and recover from the Customer, fees for availing the Services. These changes shall be effective from the time they are posted on to the Harshit Website or over the Harshit business partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the Harshit Website or check with the Harshit business partner channel through which you are availing the Service to review the current fees from time to time.
Depending upon the Harshit business partner through whom the Service is availed by you
(i) the specific features of the Service may differ
(ii) the number of Billers available over the Service can differ
(iii) the type and range of Payment Accounts that can be used to issue a Payment Instructions can differ and
(iv) the modes/devices over which the Service can be accessed can differ; and
(v) the charges, fees for availing the Service or any aspect of the Service can differ.
Specific details related to these aspects would be available with the Harshit business partner or the channel over which the Service is being availed. Harshit assumes no responsibility and shall incur no liability if the Business Partner is unable to affect any Payment Instruction(s) owing to one or more circumstances.
Subject to your compliance with the Harshit Terms and this Agreement, Harshit hereby grants, and you hereby accept, a limited, non-exclusive license to:
(a) install the Application on one mobile device owned by you or under your legitimate control; and
(b) engage in non-commercial use of the Application.
All rights to use the Application are granted on the condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
As part of the Application, you may receive push notifications, text messages, MMS messages or other types of messages directly sent to you outside or inside the Application (collectively, "Push Messages"). You may control the Push Messages in your device’s or the Application’s settings. Some of the Push Messages may be related to your location or to your use of the Application or Content. Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your device’s or the Application’s settings or by deleting the Application. We may collect information related to your use of Push Messages. If you have registered for Push Messages, you agree to notify Harshit of any changes to your mobile number, as applicable, and update your account on the Application to reflect this change.
All Value and incentive earned under EULA are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number you purchase Recharge for and all charges that result from those purchases. Harshit is not responsible for any purchase of Recharge for an incorrect mobile number or DTH account number.
You acknowledge that while Harshit may provide maintenance and support for the Application from time to time and may also carry out development(s) and up-gradation in the Application from time to time which shall be available at the Google Play Store and / or any other market site, however, Harshit will have no obligation whatsoever towards You to provide any such services and / or may terminate such services at any time without notice. The publisher may be required to suspend, block, terminate, delay the services provided under the AppMoney for carrying technical up gradations, improvements etc. any notional loss or damage caused due to it to any customer shall not be accountable against Harshit.
You agree that your use of the Application is at your sole risk, and the Application is provided on an "as is" and "as available" basis. Harshit, its suppliers and their respective affiliates expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, some of the exclusions or limitations set forth below may not apply to you. You specifically agree that Harshit, its suppliers and their respective affiliates will not be liable to you for any indirect, incidental, special, consequential or exemplary damages , including damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if the party you are seeking damages against has been advised of the possibility of such damages), resulting from the use or inability to use the Application or in any way relating to the Application.
The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of the Application of at least 18 years of age. All services are rendered by Harshit through its Application under the brand name ‘App Money’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Harshit (together with its subsidiaries and other affiliates, “us”, “We” or “Harshit”). Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. Harshit reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link at the website of Harshit from time to time to stay abreast of any changes that the Application may introduce.
You acknowledge that given the nature of Services under the Application, Harshit cannot guarantee that the Services under the application will be uninterrupted or error free, and warrants that it will provide the Services with reasonable care and skill. You also acknowledge that Harshit gives no warranty or representation that the Services under the Application will not be dependent upon factors and circumstances beyond its control. Harshit will endeavor to provide services under the Application uninterrupted timely, secure or error-free basis. You also understand that the services under the Application and the performance thereunder is directly dependent on technical factors, and in the event of any lapse or failure of technology, Harshit shall not be held responsible.
The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by Harshit. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
You agree that Harshit, 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 Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. Harshit may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Harshit will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Harshit may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
In no event will Harshit or its contractors, agents, licensors, partners, suppliers 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 services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if Harshit or a Harshit authorized representative has been advised of the possibility of such damages. In no event will Harshit or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with Harshit, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that Harshit 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 Harshit, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Harshit. Harshit would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, Harshit’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold Harshit, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, 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 your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. Harshit reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Harshit, including rights to settle, and you agree to cooperate with Harshit’s defense and settlement of these claims. Harshit 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.
To the fullest extent permissible pursuant to applicable law, Harshit and its third-party partners, licensors, and suppliers disclaim all warranties, 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 Harshit or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “Harshit” includes Harshit’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that Harshit is a reseller of Mobile recharges and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. You expressly agree that use of the services and the site 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. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site 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. Harshit, and its third party suppliers, licensors, and partners do not warrant that the data, Harshit software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Harshit and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites 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 services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) 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 Harshit 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 site.
The Services and the Site are owned and operated by Harshit and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by Harshit (the “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 Harshit, all Materials, trademarks, service marks, and trade names contained on the Site are the property of Harshit and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Harshit 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 Services. Except as expressly authorized by Harshit, 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. Harshit reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Harshit, and shall assign to Harshit, all right, title and interest 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.
Harshit reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site 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 payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, Harshit may be required under applicable law to give you advance notice, and Harshit will comply with such requirements.
Harshit may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to Harshit must be sent by courier or registered mail to Harshit Stores (P) Limited, B-30, 3rd Floor, Chandra Gupta Complex, Vikas Marg,Delhi - 110092, Delhi, India.
The failure of Harshit 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 Harshit.
Harshit may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim 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 arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or Harshit (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Harshit must be resolved by a court located in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between you and Harshit relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by Harshit in accordance with the terms of this Agreement.