TERMS & CONDITIONS
AP MONEY PVT. LTD.
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Please read the following terms and conditions
carefully before registering, accessing, browsing, downloading or using the
site. By accessing or using the site or by availing the service, you agree to
be bound by these terms and conditions set forth below including any additional
guidelines and future modifications. 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 site and immediately terminate your use of the
services.
Your
Agreement to these Terms and Conditions of Service
The Terms and Conditions (as may be amended from
time to time, the "Agreement “is a legal contract between you,
an individual customer, member, user, or beneficiary of this service of at least
18 years of age ("You"), and AP MONEY PVT. LTD. Teleservices Pvt Ltd.
having its registered office at Malegaon AP MONEY PVT. LTD. is a platform owned by the owner of the website SECURE.APMONEY.IN AP
MONEY PVT. LTD. mobile application, AP MONEY PVT. LTD. WAP site (Collectively
referred to as "AP MONEY PVT. LTD.") hence all the rights, benefits,
liabilities & obligations under the following terms & conditions shall
accrue to the benefit of AP MONEY PVT. LTD.. (together with its subsidiaries
and other affiliates, "us", "we", "AP MONEY PVT. LTD."
or "AP MONEY PVT. LTD."), regarding Your use of our prepaid
mobile/DTH recharge purchasing services (known as "Service") to
purchase prepaid mobile/DTH recharge (known as "Recharge") and
related Services. The www.AP MONEY PVT. LTD..in website (known as the
"Site") and Service is subject to your compliance with the terms and
conditions set forth below including all exhibits. AP MONEY PVT. LTD. 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 from time to time to stay abreast of
any changes that the "Site" may introduce. The services hereunder are
offered by AP MONEY PVT. LTD., located at: Malegaon Maharashtra
ELIGIBILITY
The services are not available to the person under
the age of 14 or anyone previously suspended or removed from the services by AP
MONEY PVT. LTD.. 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
this Agreement and to abide by all of the terms and conditions of it. You shall
not impersonate any person or entity or falsely state or otherwise misrepresent
identity, age or affiliation with any person or entity.
COUPON REDEMPTION
Coupon redemption is purely subjected to standard
and specified terms and conditions mentioned by the respective retailer.
Coupons are issued on behalf of the respective retailer.
Hence, any damages, injuries, losses incurred by
the user’s end by using the coupon is not the responsibility of AP MONEY PVT.
LTD..
BILL PAYMENTS
In order to use the Service, you may need to obtain
access to the World Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with such access. In
addition, you must have all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
AP MONEY PVT. LTD. and/or the AP MONEY PVT. LTD.
Business Partner reserve the right to charge and recover the fees from the User
for availing the Services. These changes shall be effective from the time they
are posted on to the AP MONEY PVT. LTD. Website or over the AP MONEY PVT. LTD.
Business Partner channel through which you are availing the Service. You are
bound by such revisions and should therefore visit the AP MONEY PVT. LTD.
Website or check with the AP MONEY PVT. LTD. Business Partner channel through
which you are availing the Service to review the current fees from time to
time.
In the event that you stop or seek a reversal of
the Payment Instructions as may have been submitted, AP MONEY PVT. LTD. shall
be entitled to charge and recover you and you shall be liable to pay such
charges to the Bill Payment Service as maybe decided by AP MONEY PVT. LTD..
These charges shall be charged on to your designated Payment Account or in any
other manner as decided by AP MONEY PVT. LTD.. AP MONEY PVT. LTD. offers a
convenient and secure way to make payments towards identified Biller(s) using a
valid Payment Account.
Depending upon the AP MONEY PVT. LTD. 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 AP
MONEY PVT. LTD. Business Partner or the channel over which the Service is being
availed. From time to time, AP MONEY PVT. LTD., at its sole discretion, add to
or delete from such list of Billers or types of Payment Accounts that can be
used in respect of making payments to a Biller.
In any event (i) the type and range of Payment
Accounts that can be used for making payments may differ for each Biller
depending on Biller specifications
(ii) there may be an additional fees/charge when using certain types of Payment
Accounts in respect of a Biller; and
(iii) the terms upon which a payment can be made to a Biller can differ
depending on whether a Card or a Bank Account is used to issue the Payment
Instruction. Further depending on the specific facilities allowed through an AP
MONEY PVT. LTD. Business Partner, payments to a Biller can be made either
(a) by issuing a Payment Instruction for an online debit/charge to a Payment
Account; or (b) by scheduling an automated debit to a Payment Account; or (c)
by issuing a Payment instruction for an online debit/charge to the AP MONEY
PVT. LTD. wallet.
While using the Bill Payment Service, you agree to:
(a) Provide true, accurate, current and complete
information about yourself ("Registration Data"), Your Payment
Account details ("Payment Data"), Your Biller details ("Biller
Data") and
(b) Maintain and promptly update the Registration
Data, Payment Data and Biller Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or AP MONEY PVT. LTD. has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, AP
MONEY PVT. LTD. has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof). The
term biller includes telecom operators.
AP MONEY PVT. LTD. assumes no responsibility and
shall incur no liability if it is unable to effect any Payment Instruction(s)
on the Payment Date owing to any one or more of the following circumstances:
- If the
Payment Instruction(s) issued by you is/are incomplete, inaccurate, and
invalid or delayed.
- If the
Payment Account has insufficient funds/limits to cover for the amount as
mentioned in the Payment Instruction(s)
- If the
funds available in the Payment Account are under any encumbrance or charge
- If your
Bank or the NCC refuses or delays honouring the Payment Instruction(s)
- If
payment is not processed by biller upon receipt.
- Circumstances
beyond the control of AP MONEY PVT. LTD. (including, but not limited to, fire,
flood, natural disasters, bank strikes, power failure, systems failure
like computer or telephone lines breakdown due to an unforeseeable cause
or interference from an outside force) In case the bill payment is not
effected for any reason, you will be intimated about the failed payment by
an e- mail. [email protected]
PROHIBITED CONDUCT
By using the Services, you agree not to:
- Use the
Services for any purposes other than to Purchase Recharge of Telco’s
and/or to access the Services in accordance with these Terms and
Conditions and as such services are offered by AP MONEY PVT. LTD..
- Impersonate
any person or entity, falsely claim or otherwise misrepresent an
affiliation with any person or entity, or access the accounts of others
without permission, forge another persons' digital signature, misrepresent
the source, identity, or content of information transmitted via the
Services, perform any other similar fraudulent activity or otherwise
purchase Recharge with what we reasonably believe to be potentially fraudulent
funds.
- Infringe
our or any third party's intellectual property rights, rights of publicity
or privacy.
- Use the
Services if You are under the age of eighteen (18) without a parental
sponsor or in any event use the Services if You are under the age of fourteen
(14) years old even with a parental sponsor and in accordance with
applicable law.
- Post or
transmit any message which is libellous, defamatory or which discloses
private or personal matters concerning any person.
- Post or
transmit any message, data, image or program which is pornographic in
nature.
- Refuse
to cooperate in an investigation or provide confirmation of your identity
or any other information you provide to AP MONEY PVT. LTD..
- Remove,
circumvent, disable, damage or otherwise interfere with security-related
features of the Services and the Site or features that enforce limitations
on the use of the Services.
- Reverse
engineer, decompile, disassemble or otherwise attempt to discover the
source code of the Services or any part thereof, except and only to the
extent that such prohibition is expressly prohibited by applicable law not
withstanding this limitation.
- Use the
Services in any manner that could damage, disable, overburden, or impair
it, including without limitation, using the Services in an automated
manner.
- Modify,
adapt, translate or create derivative works based upon the Services and
the Site or any part thereof, except and only to the extent that such
prohibition is expressly prohibited by applicable law not withstanding
this limitation.
- Intentionally
interfere with or damage operation of the Services or any other user's
enjoyment of it, by any means, including uploading or otherwise
disseminating viruses, adware, spyware, worms or other malicious code or
file with contaminating or destructive features.
- Use any
robot, spider, other automatic device, or manual process to monitor or
copy the Site without prior written permission.
- Interfere
or disrupt this Site or networks connected to this Site.
- Take
any action that imposes an unreasonably or disproportionately large load
on our infrastructure / network.
- Use any
device, software or routine to bypass the Site's robot exclusion headers,
interfere or attempt to interfere, with the Services.
- Forge
headers or manipulate identifiers or other data in order to disguise the
origin of any content transmitted through our Site or to manipulate your
presence on our Site.
- Sell
the Services, information, or software associated with or derived from it.
- Use the
facilities and capabilities of the Site to conduct any activity or solicit
the performance of any illegal activity or other activity which infringes
the rights of others.
- Breach
this Agreement or any other AP MONEY PVT. LTD. agreement or policy.
- Provide
false, inaccurate or misleading information.
- Use the
Site to collect or obtain personal information, including without
limitation, financial information, about other users of the Site.
- Purchase
Recharge with what AP MONEY PVT. LTD. reasonably believes to be
potentially fraudulent funds.
- Use the
Services in a manner that results in or may result in complaints,
disputes, reversals, chargeback’s, fees, fines, penalties and other
liability to AP MONEY PVT. LTD., a third party or you.
- Use the
Services in a manner that AP MONEY PVT. LTD. or any payment card network
reasonably believe to be an abuse of the payment card system or a
violation of payment card network rules.
- Take
any action that may cause AP MONEY PVT. LTD. to lose any of the Services
from its service providers, Telco’s, payment processors or other
suppliers.
- Send
automated request of any kind to the Site's system without express
permission in advance from AP MONEY PVT. LTD..
PRIVACY POLICY & INFORMATION USAGE
We respect your privacy at AP MONEY PVT. LTD. and
value your trust. Kindly read our Privacy Policy carefully for information
related to our collection, use and disclosure of your personal information. The
Privacy Policy is incorporated by reference in this Agreement. Use of the AP
MONEY PVT. LTD. website, WAP site and applications and/or its services
constitutes acceptance of the Privacy Policy. For more information check our
detailed Privacy Policy.
ACCOUNT PASSWORDS AND REGISTRATION
You agree that the information you provide to AP
MONEY PVT. LTD. on registration and at all other times, including payment, will
be true, accurate, current and complete. You also agree that you will ensure
that this information is kept accurate and up-to-date at all times. If you have
reason to believe that your account is no longer secure (e.g., in the event of
a loss, theft or unauthorized disclosure or use of your account ID, PIN,
Password, or any credit, debit or prepaid cash card number or net banking
login/password, if applicable), then you agree to immediately notify AP MONEY
PVT. LTD. and identify AP MONEY PVT. LTD. from any liabilities that may arise
from the misuse of Your Account.
USERNAMES AND PASSWORD
Your mobile number is a username that will identify
your account and thereby all of your transactions and account related activity
on AP MONEY PVT. LTD.. Each user can choose a valid mobile number which can be
edited later only by sending a request by an e-mail to us.
We encourage you to choose a strong password to
protect your account. We recommend the use of upper and lower-case letters,
inclusion of one or more numerical digits and/or inclusion of special
characters, e.g. @, #, $ etc. It is advised that you do not share your password
with anyone or write it down. Make sure you sign out before leaving a computer
unattended. AP MONEY PVT. LTD. never, under any circumstances, asks for your
account password.
BILLING AND PAYMENT
AP MONEY PVT. LTD. may in future provide a detailed
billing summary in the format of its choice, which may change from time to
time. This summary may be found by logging into your account (if you have
registered and created an account) on the Mobile App & WEB App. All charges
will be automatically placed to your credit card, debit card, prepaid AP MONEY
PVT. LTD. Top-up or net banking account for the amount of Recharge successfully
purchased at the time of purchase. No additional notice or consent will be
required for charging Service use to your credit card, debit card, prepaid AP
MONEY PVT. LTD. Top-up or net banking account. The merchant’s name “F-08
COMMERCIAL BELT GREATER NOIDA 201308(U.P)" will appear on your credit card
statement for purchase of Recharge or any additional paid services you may use
from AP MONEY PVT. LTD..
Commission adjustment and Service Charge Clause
The Retailer expressly acknowledges that the Company receives varying commission rates from different telecom operators (including but not limited to Airtel, Jio, VI, etc.).
The Company shall have the absolute right, at its sole discretion and without prior notice, to adjust the commission/discount payable to the Retailer based on operator-wise commission structures, actual payouts received from operators, prevailing market conditions, and the Retailer’s daily transaction volume.
The Retailer agrees that the daily service charge debited from the Retailer’s wallet may vary depending on the Retailer’s daily sales, number of transactions, and the variation in operator-wise commissions. Such service charge shall be determined solely by the Company, and the Retailer shall have no claim, dispute, or objection in this regard.
In the event that, due to such adjustments, the Retailer receives comparatively lower commission on transactions for certain operators or is charged a higher service fee, the same shall be deemed to have been pre-agreed by the Retailer, and no challenge or claim shall be maintainable.
The Company shall have the right not to display such adjustments in the Retailer’s transaction report, provided that upon a written request from the Retailer, the Company shall share the relevant details via email or any other written mode of communication.
The Retailer fully understands and agrees that such adjustments are necessary for the Company’s commercial interest, operator payout variations, and platform sustainability, and therefore, the Retailer irrevocably waives any legal right to dispute or challenge the same in any manner whatsoever.
THIRD PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Services and/or the Site may include links or
references to other web sites or services solely as a convenience to users
("Reference Sites"). AP MONEY PVT. LTD. does not endorse any such
Reference Sites or the information, materials, products, or services contained
on or accessible through Reference Sites. In addition, your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the Services and/or the Site are solely between you and such entity.
Access and use of reference sites, including the information, materials,
products and services on or available through reference sites is solely at your
own risk.
TERMINATION; AGREEMENT VIOLATIONS
You agree that AP MONEY PVT. LTD. TELESERVICES PVT
LTD, 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. AP MONEY PVT. LTD. 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 AP
MONEY PVT. LTD. 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 AP MONEY PVT. LTD. may have at law or in equity.
Upon termination for any reason, you agree to immediately stop using the
Services.
LIMITATION OF LIABILITY AND DAMAGES
In no event will AP MONEY PVT. LTD. or its
contractors, agents, licensors, partners or 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 AP MONEY PVT. LTD. or a AP MONEY
PVT. LTD. authorized representative has been advised of the possibility of such
damages. In no event will AP MONEY PVT. LTD. 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 AP MONEY PVT. LTD., 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 AP MONEY PVT. LTD. 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 AP MONEY PVT. LTD., and that the warranty disclaimers and the
limitations of liability set forth herein form an essential basis of the
bargain between you and AP MONEY PVT. LTD.. AP MONEY PVT. LTD. 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, AP MONEY PVT. LTD.’S liability
will be limited to the fullest extent permitted by applicable law. This paragraph
shall survive termination of this Agreement.
INDEMNIFICATION
You agree to indemnify, save, and hold AP MONEY
PVT. LTD., 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. AP MONEY PVT. LTD. reserves the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify AP MONEY PVT. LTD., including rights to settle, and You
agree to cooperate with AP MONEY PVT. LTD.’s defense and settlement of these
claims. AP MONEY PVT. LTD. 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, AP MONEY PVT. LTD. 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 AP MONEY PVT. LTD.
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 "AP MONEY PVT. LTD." includes AP MONEY PVT. LTD.'s
officers, directors, employees, shareholders, agents, licensors, subcontractors
and affiliated companies. You acknowledge that AP MONEY PVT. LTD. is a reseller
and is not liable for any 3rd party (Telco’s & 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. AP MONEY
PVT. LTD., and its third party suppliers, licensors, and partners do not warrant
that the data, AP MONEY PVT. LTD. 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. AP MONEY PVT. LTD. may charge a service fee of Rs. 99/- per day for the services rendered. AP MONEY PVT. LTD. 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 AP MONEY PVT. LTD. 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.
arbitration
All disputes, claims, or differences arising out of or in connection with this Agreement, including its validity, interpretation, or termination, shall be first referred to a sole Arbitrator mutually appointed by both parties, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The seat and venue of arbitration shall be the city in which the Company’s registered office is situated at the time of initiation of arbitration proceedings, and the proceedings shall be conducted in the English language.
In the event arbitration fails to provide an efficacious remedy, the courts having jurisdiction over the Company’s registered office at the relevant time shall have exclusive jurisdiction over all matters arising out of or in relation to this Agreement, to the exclusion of all other courts.