Term Of Use Policy

Adhishwar Nivesh Private Limited: TERM OF USE POLICY

1. Definition and Interpretation

1.1.Deﬁnitions:

“Aﬃliate” means and includes any entity that (a) directly or indirectly Controls, is Controlled by, or is under common Control with Adhishwar, where “Control” means the ownership of, or the power to vote at least twenty percent (20%) of the voting stock, shares or interests of such entity and (b) is subsidiary or holding of another entity;

“Authority” means any competent regulatory, prosecuting, tax or governmental authority, court or tribunal, in any jurisdiction, domestic or foreign.

“Conﬁdential Information” means Personal Information relating to the User and any other information either designated by the User as conﬁdential at the time of disclosure or that a reasonable person would consider such information as conﬁdential or proprietary in nature;

“Eligible” means the individual who fulﬁlls all the Eligibility requirements as mentioned at Clause 5.1.(a) below.

“KYC” stands for Know Your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which Adhishwar is required to procure personal identiﬁcation details and proof of documents from the User as may be required at the time of enrolling for Adhishwar Wallet and/ or on a later date, for availing and / or continuation of the Adhishwar Wallet.

“Law” means the applicable Indian law.

“Merchant” shall mean and include physical merchants, remote merchants, electronic commerce merchants, mobile commerce merchants and/or any other merchants (including ﬁnancial services) with whom Adhishwar has entered into a speciﬁc arrangement to accept payment by the User using his Adhishwar Wallet for the goods or services being sold by such merchants. The name of such merchant may be listed out on the Oﬃcial Website of Adhishwar;

“Adhishwar” or “the Company” shall mean Adhishwar limited, a company registered under the Company’s Act, and having its registered oﬃce at

“Adhishwar Wallet” shall mean a semi-closed system payment instrument issued by Adhishwar, which can be used by the Users to purchase goods and services of Merchants, or to avail of certain ﬁnancial services including domestic fund transfer in accordance with RBI Regulations and these T&Cs;

“Adhishwar Wallet A/c” shall mean the account of the User associated with his Adhishwar Wallet, which account shall be maintained by Adhishwar on its system;

“Offerings” shall have the meaning as deﬁned at Clause 1.2 above;

“Personal Information” means User’s personal information received by Adhishwar from the User or his representatives in the course of providing Services to the User. User’s personal information may include name, mobile number, identiﬁcation and veriﬁcation information, email id, bio-metric details, bank account, transactional information and usage behavior to the extent that these amount to personal information under applicable local law.

“RBI” means Reserve Bank of India;

“RBI Regulation” means the regulations made under the Payment and Settlement Systems Act, 2007, the Issuance and Operation of Pre paid Instruments in India (RBI) Directions, 2009 and any notiﬁcations, master circulars, instructions or guidelines issued and updated by the RBI from time to time, in relation to the same.

“Services” refers to stored value wallet services offered by Adhishwar under the certiﬁcate of authorization issued by RBI. Under the Services, Adhishwar issues the Adhishwar Wallet A/c. Adhishwar’s services are governed by: (a) The Payment and Settlement Systems Act, 2007 & Regulations made there under, (b) Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 and (c) Instructions issued by the RBI from time to time in respect of the same

“Transaction” shall mean any debit or credit in the User’s Adhishwar Wallet A/c, including but not limited to payment for purchase of goods or services from Merchant including ﬁnancial services or domestic money transfers, at the instruction of the User.

“User” shall mean an Eligible individual who has registered with Adhishwar for availing the Services and who has accepted these T&C;

“You” or “Your” shall mean an individual competent to enter into a contract under the applicable Laws, who is bound by the terms of this T&C, and who is availing any Offerings from Adhishwar;

1.2.Interpretation

(a) All references to singular include plural and vice versa and the word “includes” should be construed as “without limitation”; (b) Words importing any gender include the other gender;

(c) 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;

(d) 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. Scope

Adhishwar limited (“Adhishwar” “We” or “Us” or “Ours”, which also includes its successor or Aﬃliates) is an authorized payment and settlement system under the Payment and Settlement Systems Act, 2007. We issue Adhishwar Wallet to Users on which the User can load, pay and transfer funds in Indian currency within India to make purchases of goods and services including ﬁnancial services. Adhishwar also provides facility to load the Adhishwar Wallet by cash through Adhishwar’s agents / distributors (i.e. physical point of sales or ‘Channel Partners’). All services being provided include any future addition, modiﬁcation or deletion, are collectively referred to as the ‘ Services’.
These terms and conditions (including any changes / modiﬁcations from time to time, “T&C”), govern the general relationship (including, without limitation, any use of website, application, web links, services or other offerings which is offered by Adhishwar) between the user and Adhishwar (Adhishwar shall include its Channel Partners who facilitates cash transaction on behalf of Adhishwar), and any particular services mentioned hereinafter and made available to the user at the sole discretion of Adhishwar from time to time (all collectively referred to as the “Offerings”). Any other services that may be offered to the User at the discretion of Adhishwar, shall be on special conditions, which may be separately agreed to between Adhishwar and the User. In case of conﬂict between any of these T&C and the above-mentioned special conditions, such special conditions shall, in case of the particular services to which they relate, prevail.
This document is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 and any other applicable law.

3. Acceptance

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING, ACCESSING, BROWSING, DOWNLOADING OR USING THE OFFERINGS. BY ACCESSING OR USING THE OFFERINGS, YOU, UNCONDITIONALLY AND UNDISPUTEDLY, AGREE TO BE BOUND BY THESE T&C SET FORTH BELOW INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS. WITHOUT PREJUDICE TO THE FOREGOING, THE USE OF THE OFFERINGS BY THE USER WILL BE DEEMED ACCEPTANCE OF THE T&C. No act, delay or omission by Adhishwar shall affect its rights, powers and remedies under these T&C. If at any time You do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, You may not access or use the Offerings and immediately terminate Your use of the Offerings. Any information provided by Adhishwar is not professional advice and must not be considered as such. Your use of information provided by Adhishwar is solely at Your own risk. Further, the timeliness and accuracy of any or all of the information is not guaranteed. Neither the authors, nor the editorial personnel, nor any other party who has been involved in the preparation or publication of such information can assure You that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information.
For being a valid User You must satisfy that (a) You are of legal age to form a binding contract with Adhishwar; or (b) You are not a person barred from receiving the Offerings under the laws of India or other countries including the country in which You are resident or from which You use the Offerings.

4. General Condition

These T&C as well as any amendments thereof are part of a contract between You and Adhishwar and govern the use of Offerings;

1. Use of Offerings must be by individuals above 18 years of age;
Any duplication or unauthorized use of Adhishwar’s Offerings will be subject to cancellation and necessary legal action, at the sole discretion of Adhishwar;
Adhishwar’s scope is limited only to the extant of providing a mechanism to its Users for (i) payment settlement in case of payment to vendor / Merchant by its User or fund transfer from one User to another or (ii) resell of third party’s services or aggregator’s services to its User viz. talk time recharge, data recharge, cable tv recharge, payment of utility services, ticketing etc. Therefore, Adhishwar is not a warrantor, insurer, or guarantor of the services or product to be provided by any third party or aggregator through Adhishwar. Any Service sold / provided by Adhishwar to its User is sold without recourse against Adhishwar for any breach of contract by the third party service provider or aggregator. Adhishwar shall not be liable / responsible for any defect, disputes, liability, claim, deﬁciency (including unacceptable denomination of services) in respect to the product / merchandise / goods / services availed through Adhishwar;
Adhishwar’s Offerings may not be available to its You or shall substantially get affected due to dependency on quality / stability of telecom networks, availability of telecom services by the telecom service provider at User’s location, compatibility of User’s handset / PC / other devices for availing the Offerings. In event of occurrence of any of the aforesaid event, Adhishwar is not responsible in any manner whatsoever for non-provisioning of the Services and is not obligated to provide its Offerings to the User;
The User understand and agree that password and other information, which authenticates the User’s access to Adhishwar’s Services, are conﬁdential information. The User agree to continue changing the password periodically. Adhishwar shall not be responsible, if the User share his/her password and other conﬁdential information with any other person or fail to abide by Adhishwar’s advice viz. changing password periodically or other advice which may be given from time to time;
The User understand and agree that his Adhishwar Wallet A/c is linked to his registered mobile number. Adhishwar will not be held liable for unauthorized use of Adhishwar Wallet on account of loss / theft / misplacement of mobile number and / or SIM unless the User has informed Adhishwar’s customer care about such loss / theft / misplacement. It must be noted the User shall continue to remain liable for any unauthorised use of his Adhishwar Wallet till the User inform Adhishwar’s customer care about such loss / theft / misplacement and request for blocking his Adhishwar Wallet A/c is executed. Adhishwar shall not be responsible for any misuse of Adhishwar Wallet and / or other Services / Offerings;
Adhishwar reserves the right to suspend / discontinue the Services and / or Offerings at any time, for any cause, including, but not limited, to the following:

(a)For any suspected discrepancy in the particular(s), documentation or enrolment form provided by You;

(b) To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc.;

(c) If the same is due to technical failure, modiﬁcation, up-gradation, variation, relocation, repair, and / or maintenance due to any emergency or for any technical reasons;

(d) If the same is due to any transmission deﬁciencies caused by topographical and geographical constraints / limitations; (e) If the mobile connection with which the Adhishwar Wallet A/c is related ceases to be operational or in the User’s possession or control;

(f) For any suspected violation of the rules, regulations, orders, directions, notiﬁcations issued by RBI from time to time or for any violation of the T&C mentioned in herein;

Adhishwar would endeavor its best to keep improving the features of its Offerings / Services. It is agreed by You that some of the T&C as set out herein are not applicable till such features shall be added by Adhishwar with its Offerings / Services. Consequently, You agree that Adhishwar shall not be liable with respect to the legislated T&C herein in the event of non-availability of such features;
Our “Oﬃcial Website” is available at https://www.Adhishwar.co.in. You will note that the URL to every webpage on Our Oﬃcial Website begins with https://. In other words, every webpage on Our Oﬃcial Website is hypertext transfer protocol secure (“HTTPS Enabled”) or “identity veriﬁed”.
We have had Our entire Oﬃcial Website HTTPS Enabled to better protect Your security against dummy websites. Please verify that a webpage is HTTPS Enabled before providing any information to it. We will not be liable for any consequences, if You provide Your details on any third party website, including dummy websites.
We do not guarantee the security, functionality or accessibility of any third party website, including in those cases where the link to a third party website is available on Our Oﬃcial Website.
All of the information that Adhishwar collect from You, such as registration and Debit / credit card information etc., is subject to its privacy policy.

5. Adhishwar Wallet

5.1.Eligibility

(a) Following are the eligibility criteria for use of Adhishwar Wallet:

(i) You are a resident of India;

(ii) Your age is 18 (eighteen) years or above;

(iii) You will use Adhishwar Wallet to perform transactions in Indian Rupees only and no other currency; and

(iv) You will avail Adhishwar Wallet services on a device which supports such Services.

(b) If You are not Eligible, please immediately uninstall the Adhishwar Wallet application and stop using the Services. We rely completely on Your representation that You are Eligible.

(c) We reserve the right to immediately terminate Your Adhishwar Wallet A/c if We have reason to believe that Your Adhishwar Wallet A/c is being used by any person who is not Eligible, or for any other reason. Adhishwar shall have no liability if You or anyone who uses Your Adhishwar Wallet A/c is found to be not Eligible.

5.2.Download

(a) Adhishwar’s application has to be downloaded by the Users only from the sources authorized by Adhishwar onto to his device and the downloaded ﬁles have to be installed in order to avail the select Services;

(b) Adhishwar may, at its sole discretion, make bug ﬁxes or release updates for the installed application;

(c) The select Offerings / Services use certain software, which is compatible on selected operating systems (OS) and devices only;

(d) The installation of Adhishwar Wallet application and the future upgrades would consume certain memory space of the User’s device. User needs to make sure that he has suﬃcient memory space available on his device.

5.3.Creation of Account

(a) To open a Adhishwar Wallet A/c, You must provide the following Personal Information to Us:

(i) certain information as may be requested to You through the app / web Your name / age / gender, Your valid mobile no., Your valid email id, Your present / permanent address etc. The mobile no. and email id to be provided by You shall be considered as Registered Mobile Number (“RMN”) and Registered Email ID (“RID”). The information which are must to be provided by You shall carry ‘mandatory’ instructions at the relevant places on Your app or web; and

(ii) any additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your User norms (“KYC Norms”), or as We deem ﬁt.

(b) The Personal Information and any other information provided by You to Us must be true to the best of Your knowledge, information and belief. Any liability for false Personal Information provided by You will be borne solely by You and not Us.

(c) The login user id for the Adhishwar Wallet application (“Adhishwar APP”) shall be Your RMN and the login password can be set by You through Adhishwar APP, upon veriﬁcation of One Time Password (“OTP”), which shall be generated by Adhishwar and sent to You on Your RMN. You agree to immediately login using Your user id and passward and set you transaction password using the Adhishwar APP. You agree to set all Your password as per the password instructions that may be provided by Adhishwar;

(d) In the event that You have forgotten the password (both login and transaction) of Your Adhishwar Wallet A/c, You may click on “Forgot Password?”, which would allow You to reset Your password after veriﬁcation of OTP as per the process explain above.

(e) Based on Our sole discretion, we reserve rights to get satisﬁed that the identity of the applicant for a new password matches Your identity. We also reserve rights to freeze Your Adhishwar Wallet A/c in the event of any material discrepancy in your identity and / or Your unsuccessful attempts to login Your Adhishwar Wallet A/c. The cautionary warnings may be displayed on the screen of Your device before such freezing. Upon receipt of satisfactory proof from You, the aforesaid freeze may be removed, at the sole discretion of Adhishwar.

(f) Upon receipt of documents as per KYC Norms, the relevant features of the Adhishwar Wallet shall be made available to You for use. Failure to provide these documents / information timely or the provision of wrong / invalid documents / information may result in (i) limited features available with Your Adhishwar Wallet A/c, (ii) blockage for debit / credit transactions from Your Adhishwar Wallet A/c or (iii) closure of Your Wallet account upon notice. Such actions shall be solely decided by Adhishwar considering the materiality of requirements of documents / information from You. Further, if at any point of time, Adhishwar is of the opinion that the proﬁle / nature of the Your account or the transactions in Your account are not in line with Adhishwar’s internal policies or guidelines pertaining to KYC, then Adhishwar shall have every right to freeze operations of Your Adhishwar Wallet A/c or upon notice to even close the Account;

(g) In accordance with RBI Regulations to prevent money laundering and the funding of terrorism in India, We may suspend or terminate Your Account with immediate effect if we have reason to believe that the information provided by You is incorrect / invalid, or that the security of Your Adhishwar Wallet A/c has been compromised in any way;

(h) Please note that in order to comply with RBI Regulations, we do not allow You to open more than one Adhishwar Wallet A/c;

(i) Once You have successfully created an Account after completing the registration process in accordance with these T&Cs, You can start availing of our Services through Adhishwar Wallet.

5.4.Safety Measure

(a) Please do not share aforesaid Personal Information with any third party as You will be solely responsible for maintaining the conﬁdentiality of Your Personal Information and will be liable for all activities and transactions that occur through Your Adhishwar Wallet A/c, whether initiated by You or any third party;

(b) In the event You change your RMN or RID, You agree to immediately change such details registered with Adhishwar and make sure that You receive the conﬁrmation from Adhishwar in the matter before using Your Adhishwar Wallet A/c;

(c) In order to protect the security of Your Adhishwar Wallet A/c, We require You to immediately inform Us at the Adhishwar’s helpdesk, of (i) any unauthorized use of Your Adhishwar Wallet A/c, (ii) loss of Your password.

(d) You agree to change Your password periodically (recommended every 15 days) in such a way that your previous passwords should not be repeated;

(e) You need to ensure that You log out Your Account at the end of every session;

(f) In the event that You are unable to access Your Account for any reason other than forgetting Your password (in which case please follow the instruction written above), please inform Us at the Adhishwar Helpdesk and make a request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to You making a request for blocking.

5.5.Loading and Usage

(a) You may avail of only those modes of payment options as may be listed at https://www.Adhishwar.co.in and / or communicated by Adhishwar directly through helpdesk or otherwise, which list may be revised from time to time by Us;

(b) When You opt to load money into Your Adhishwar wallet You will be required to provide certain “Payment Details” for the purpose of making the desired transaction. If You provide such Payments Details, You agree that You do so voluntarily;

(c) The Payment Details You provide must be true and accurate to the best of Your knowledge, information and belief. We do not bear any liability for the consequences if You provide false or incorrect Payment Details;

(d) You represent and warrant that You are legally and fully entitled to use any debit card, credit card or bank account that You attempt to use to load funds into Your Adhishwar Wallet A/c;

(e) You represent and warrant that the bank account through which You attempt to load funds into Your Adhishwar Wallet A/c has suﬃcient funds to permit Your proposed transaction. We bear no liability for loading transactions which are cancelled on account of insuﬃcient funds in Your bank account;

(f) You hereby authorize Us to hold, receive and disburse funds in Your Adhishwar Wallet A/c in accordance with any payment instructions We receive from You. Among other things, Your authorization permits Us to debit or credit the bank account associated with Your Payment Details. Your authorization will remain in effect as long as You maintain an Account with Us and must be in compliance with the applicable Laws. You may view the transaction history associated with Your Adhishwar Wallet A/c upon login either through Adhishwar App or web. If You wish to request a refund or chargeback on any past transaction which has occurred through Your Adhishwar Wallet, You may do so in accordance with the procedure outlined in these T&Cs.

(g) You conﬁrm that You are aware of the fact that when making any online payment through credit card / debit card / net banking account, You may be directed to the payment gateway page. The payment gateway may redirect You to other website(s) maintained or controlled by third parties and Adhishwar does not control such third party website(s) and is not responsible for any transactions on such website(s);

(h) The User understands and acknowledges that Adhishwar is entitled to information with regard to source of any mon¬ies being loaded in Adhishwar Wallet A/c and the User shall, upon demand, without demur or dispute, inform Adhishwar of any such source of monies

(i) You may load money to Your Adhishwar account using Debit Card , Credit Card, Net Banking, and UPI etc.

(j) In case of any cash deposits to be made in the Account for an amount of Rs. 50,000/- or above (Rupees Fifty Thousand only), in line with the requirements of the Income Tax Act, the User making such loading shall be required to provide PAN number. Incase PAN number is not available, the User making such deposit shall be required to provide Form 60/61;

(k) The User understands and acknowledges that cash withdrawal or redemption by the User is not permitted from his Adhishwar Wallet A/c pursuant to the applicable guidelines issued by RBI;

(l) When We receive payment instructions from You to pay a Merchant, You authorize and order Us to commit Your payment to that Merchant;

(m) In the event that You are not satisﬁed with the goods or services provided to You by a Merchant for any reason, We recommend that You report the matter to the Merchant in question. Please note that We are not responsible for the goods or services provided by Merchants and cannot be involved in any disputes between a Merchant and User regarding the same. For the purpose of providing services to recharge of talk time, DTH, data card etc., We may act as reseller in certain cases, and therefore may facilitate resolving any dispute between You and the service providers through Our intermediaries / aggregators;

(n) In respect to transaction for transfer of funds from User to other person’s Adhishwar Wallet, You agree / You are responsible :

(i) that the Receiver must be eligible to open Adhishwar Wallet A/c and register a wallet Account on Adhishwar to receive transfer of funds from You unless the Receiver is already an User;

(ii) that We rely solely on Your representation under this Paragraph and will bear no liability in the event that funds are transferred to persons who are not Eligible;

(iii) If We have reason to believe that funds have been transferred by You to persons who are not Eligible, We reserve the right to terminate Your Adhishwar Wallet A/c and the account of the person to whom You transferred funds, with immediate effect;

(iv) You agree to ensure that the receiver must provide one time acceptance to Adhishwar that such receiver does not have any objection in receiving money from Your Adhishwar Wallet A/c. Such acceptance shall remain valid till the receiver withdraws such acceptance.

(v) In the event the receiver fails to provide one time acceptance of money from Your RMN or the transaction fails due to any other reason whatsoever, the funds shall be refunded back to Your Adhishwar Wallet A/c within seven (7) working days, if Your Adhishwar Wallet A/c is debited with the aforesaid funds;

(o) Subject to applicable guidelines from RBI and other applicable Laws, the User shall be allowed to transfer all or any part of outstanding balance of his Adhishwar Wallet A/c to a bank account in India;

(p) Adhishwar will issue and send periodical account statements of User’s Adhishwar Wallet A/c (“Statement(s)”) through email to the User at his RID, if such RID is available with Adhishwar. The User understands, agrees and accepts that Adhishwar will not send the statement for period when no transaction has been done in the account or when the account is in ‘non-operative status’. User must notify Adhishwar in writing if any Statement or other advices expected by User is not received. In case there is a discrepancy, error or omission in the particulars or details of the Adhishwar Wallet A/c as contained in the Statement, User shall intimate Adhishwar in writing of the relevant discrepancy, error or omission within 14 days of receiving the Statement which User thinks has a discrepancy, error or omission, failing which the Statement shall be deemed to be true and correct for all intents and purposes and accepted as such by User and the User shall not be entitled to dispute the same. Adhishwar would be deemed to have delivered the Statement to User, immediately on the User receiving notice of the e-mail containing the Statement as an attachment and/or notice of the availability of the Statement.

(q) Limits for transactions using Adhishwar Wallet are as follows

(i) Currency of issue: Indian Rupees only.

(ii) Cash withdrawal: Cash withdrawal and redemption of balance from Adhishwar Wallet A/c is prohibited under RBI Regulations. (iii) Transferability: RBI Regulations prohibit transfers of Accounts from a User to any third party;

(iv) Validity period: 3 (three) years from the date of registration;

(v) Maximum permissible period of no use of a Adhishwar Wallet A/c: As mentioned at Clause 5.10(e) below;

(vi) Re-load, uses of funds and no. of transactions: As per the limits prescribed by RBI from time to time.

5.6.Charges and Fee

(a) The terms and conditions related to any such fees that We may charge to the Users for the transaction in his Adhishwar Wallet A/c shall be disclosed by Adhishwar on Adhishwar App or web.

(b) We reserve the right to modify the fees for our Services in future subject to prior information to the user.

5.7.Refund

(a) In the event that You desire a refund of any amount that has been debited from Your Adhishwar Wallet A/c, You agree to take up Your request directly with the Merchant / receiver. Adhishwar does not assume any liability whatsoever for any dispute / disagreement between the Merchant / receiver and You. Provided however, that In the event the goods or services are purchased from Adhishwar by the User using the Adhishwar Wallet A/c, Adhishwar may facilitate settlement of dispute for such goods or services and refund the amount so debited to the account of the User after due veriﬁcation / deliberation;

(b) You agree that in the event of any refund from Merchant / receiver, the amount of refund shall be credited to the same Adhishwar Wallet A/c from where the same amount was debited.

5.8.Chargeback

(a) You may have the right to initiate a chargeback request in accordance with the terms and conditions of Your debit or credit card scheme. Please note that Your chargeback request will be processed by Your debit/ credit card provider and not by Us. Therefore, We bear no liability for the processing of chargeback requests.

(b) In order to comply with RBI Regulations, We reserve the right to review Your Adhishwar Wallet A/c and transaction history pursuant to a chargeback request, in order to determine the occurrence of fraud. If We have any reason to believe that there has been fraudulent activity on Your Adhishwar Wallet A/c, We reserve the right to terminate Your Adhishwar Wallet A/c with immediate effect.

6. Indemnification

You agree to defend, indemnify and hold harmless Adhishwar, group company, Partner Bank, our independent contractors, Payment System Providers and our directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to

(a) any actual or alleged breach of these Terms and Conditions or any other terms, policies or guidelines provided by us, Payment System Providers or Card Associations;

(b) any actual or alleged violation of applicable laws or rules of any payment card association, network or company; (c) your wrongful or improper use of the services; or

(d) your violation of the rights of any third party.

7. Limitation on Liability

7.1 In no event shall we, our directors, employees or agents, be liable to You for any direct, indirect, incidental, consequential, punitive, special or exemplary damages or for any damages of any kind, including but not limited to loss of use, loss of proﬁts or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use or inability to use the services, including without limitation any damages caused by or resulting from reliance by you on any information obtained from us or that result from mistakes, omissions, interruptions, deletion of ﬁles, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to our records, programs or services.

7.2 In no event shall our aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use or inability to use the services exceed any fee, you pay to us, if any, to access or use the services. In addition, we shall not be liable for errors You make in using the Service, including the following:

You erroneously direct us to submit a payment instructions to a Merchant multiple times; or
You direct us to submit the wrong amount to a Merchant; or
You direct us to submit a payment instruction for a wrong Merchant; or
You provide us with incorrect or incomplete information; or
You do not update Your App to the latest version

Any of the above issue(s) needs to be taken up directly with the Merchant.

7.3 You understand and acknowledge that we do not have control of, or liability for, the goods or services that are paid for via the Service.

7.4 The liability of the Adhishwar or User for any unauthorized transaction shall be:

7.4.1. Zero Liability of a User – A customer’s entitlement to zero liability shall arise where the unauthorized transaction occurs in the following manner:

(a) Contributory fraud/ negligence/ deﬁciency on the part of Adhishwar (irrespective of whether or not the transaction is reported by You)

(b) Third party breach where the deﬁciency lies neither with Adhishwar nor with You but lies elsewhere in the system, and You notiﬁes Adhishwar within three working days of receiving the communication from bank regarding the unauthorised transaction.

(c) Limited Liability of a User – You shall be liable for the loss occurring due to unauthorised transactions in the following cases: In cases where the loss is due to Your negligence, such as where You have shared the payment credentials, You will bear the entire loss until You reports the unauthorised transaction to Adhishwar. Any loss occurring after the reporting of the unauthorised transaction shall be borne by Adhishwar.

(d) In cases where the responsibility for the unauthorised electronic payment transaction lies neither with the Adhishwar nor with You, but lies elsewhere in the system and when there is a delay (of four to seven working days after receiving the communication from the Adhishwar) on Your part in notifying Adhishwar of such a transaction, the liability of the customer shall be limited to the transaction value or INR 10,000/- per transaction whichever is lower.

7.4.2. In case You notify Adhishwar after seven working days of receiving the communication from the Adhishwar regarding the unauthorized transaction, Adhishwar shall evaluate and determine the same as per the Adhishwar’s board approved policy.

The number of days mentioned above shall be counted excluding the date of receiving the communication from Adhishwar.

7.5 Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply. You agree that, if you are dissatisﬁed with the services or any portion thereof, your exclusive remedy shall be to stop using the services.

8. Reversal timeline for zero liability/limited liability of a User in case of Unauthorised Electronic Payment Transaction

Adhishwar shall credit the amount involved in the unauthorised electronic payment transaction to Your wallet account within 10 days from the date of such notiﬁcation by You.

Adhishwar shall also ensure that complaint is resolved and liability of the User, if any, established within the timeline as speciﬁed in Adhishwar Board approved policy, but not exceeding 90 days from the date of receipt of the complaint by Adhishwar. In case Adhishwar in unable to resolve the complaint or determine Your liability, if any, within 90 days, the amount as prescribed in clause 7.4 above shall be paid to You, irrespective of whether negligence is on Your part or otherwise.

9. Notices

9.1. Any notice or other communication regarding our Offerings shall be sent to the User on Your RMN and / or RID (if provided). You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the ‘do not call registry’.

9.2. The User shall notify Adhishwar, without delay of any change in his/her RID and / or RMN.

10. Force Measure

Adhishwar shall not be liable for any losses caused by its inability or delay in providing all or any Service or fulﬂling any of Adhishwar’s obligations hereunder, either wholly or in part, caused by or in connection with any force majeure events including, but not limited to, restrictions on transferability, riot, disturbance, strikes, lock-outs, bandhs, war, civil strife, burglary, theft, dacoity, accident, technical fault including problems related to computers, accessories, software’s, printers, fax machines, Internet, telephone system and such related hardware and software beyond the control of Adhishwar, breach of trust by any authorized persons, ﬂood, ﬁre, earthquake, act of God, act of any government, change in regulation or law and other allied acts of regulatory or statutory nature or if the performance of such obligation or provision of such service would result in the breach of any law, regulation or other requirement of any governmental or other Authority or on account of any other restriction or requisition or other circumstances or events whatsoever beyond the control of Adhishwar. The opinion of Adhishwar shall be considered ﬁnal in this regard.

11. Governing Law

The laws of India will govern these T&C and the same shall be subject to the exclusive jurisdiction of the appropriate courts at New Delhi.

12. Grievance Redressal

In the event that User would like to share any suggestion, opinion, feedback, scope of improvement or any complaint on any of Adhishwar’s Services / Offerings, then the User may raise a query by way of a call on our customer care no. 8093288928