TERM & CONDITIONS
JAI BHOLE TRADERS on seenuPe PLATFORM
SERVICES USAGE
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the seenuPe website, and all associated sites, or the JAI BHOLE TRADERS mobile application or any similar platform (hereinafter collectively, the JAI BHOLE TRADERS Platform run by seenuPe,
Any of its affiliates (hereinafter collectively, JAI BHOLE TRADERS or seenuPe on any device and/or before availing any services offered by JAI BHOLE TRADERS on the seenuPe 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 seenuPe on the seenuPe Platform (hereinafter individually, and collectively,
The JAI BHOLE TRADERS Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all seenuPe Services, whether offered by seenuPe or its affiliates.
ACCEPTANCE
By registering on, accessing, browsing, downloading or using the seenuPe Platform for any general purpose or for the specific purpose of availing any seenuPe Service, you agree to be bound by the single-sign-on ID (hereinafter TRANSFER) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each seenuPe Service (hereinafter collectively, the T&Cs).
These T&Cs shall also include any additional or modified terms and conditions in relation to the TRANSFER or any additional or modified service-specific terms and conditions in relation to any seenuPe Service or any future service that may be offered by seenuPe on the seenuPe Platform. By registering on, accessing, browsing, downloading or using (as applicable) the seenuPe Platform or availing any seenuPe Service or the TRANSFER, 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 seenuPe Platform and immediately terminate your availing the seenuPe 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 seenuPe Platform or a customer or beneficiary of the seenuPe Services, and seenuPe.
All services are rendered by seenuPe through the seenuPe Platform under the brand name “seenuPe” (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, seenuPe, regarding your use of seenuPe’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 seenuPe Platform and which will henceforth be a seenuPe Service, from time to time.
The seenuPe 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, seenuPe grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the seenuPe Platform and/or avail the seenuPe Services.
ELIGIBILITY
The seenuPe Services are not available to persons under the age of 18 or to anyone previously suspended or removed by seenuPe from availing the seenuPe Services or accessing the seenuPe Platform. By accepting the T&Cs or by otherwise using the seenuPe Services on the seenuPe Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by seenuPe, or disqualified for any other reason, from availing the seenuPe Services or using the seenuPe 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, seenuPe reserves the right to suspend or permanently prevent you from availing seenuPe Services or using the seenuPe Platform.
OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply in order for you to avail specific seenuPe Services and to specific portions or features of the seenuPe 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 seenuPe Platform or for any seenuPe Service offered on or through the seenuPe Platform, the latter terms shall control with respect to your use of that portion of the seenuPe Platform or the specific seenuPe Service.
seenuPe may make changes to any seenuPe Services offered on the seenuPe Platform, or to the applicable terms for any such seenuPe Services, at any time, without notice. The materials on the seenuPe Platform with respect to the seenuPe Services may be out of date, and seenuPe makes no commitment to update the materials on the seenuPe Platform with respect to such seenuPe Services. The following terms also govern and apply to your use of the seenuPe Platform, and they are incorporated herein by this reference:
seenuPe Platform Services, Participating Platforms
seenuPe services offers you the convenience, after a one-time registration any seenuPe Platform, to sign on (log in) to all web pages and online platforms operated by seenuPe 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 seenuPe Service, the user can log-in via each Participating Platform with his seenuPe 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 seenuPe 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 seenuPe’s 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 seenuPe is solely responsible only for those content that it actually operates. For the seenuPe 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 seenuPe shall be owned and operated by seenuPe Solutions. for use on all Participating Platforms, by seenuPe or its affiliates. For the use of seenuPe’s 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 seenuPe 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 seenuPe service or to disclose them otherwise.
The user is obliged to inform seenuPe 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 seenuPe service (hereinafter the seenuPe Agreement). Our offer for the conclusion of the seenuPe Agreement is then affected by the fact that seenuPe 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 seenuPe Service.
By the user clicking on this confirmation link, the user accepts seenuPe’s offer, so that in this way the seenuPe Agreement enters into force. Conclusion of the seenuPe 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. seenuPe 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 seenuPe) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.
COMMUNICATION POLICY
By accepting the T&Cs, you accept the following: 1. seenuPe may send alerts to the mobile phone number provided by you while registering with the seenuPe Platform for the TRANSFER service or on any updated mobile number subsequently provided by you on the seenuPe 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.
2. seenuPe 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 seenuPe as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the seenuPe Platform or availing any seenuPe Services. seenuPe shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold seenuPe liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
3. The SMS/e-mail alert/push notification service provided by seenuPe 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, seenuPe shall be immediately informed about the same by you and seenuPe will make best possible efforts to rectify the error as early as possible. You shall not hold seenuPe 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.
4. 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. seenuPe shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
5. You will indemnify and hold harmless seenuPe 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 seenuPe 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 seenuPe and/or the SMS/e-mail service provider.
6. You will receive information via SMS, e-mail and phone calls regarding what seenuPe perceive to be of your interest based on your usage history and browsing history (which information may be shared by seenuPe with its affiliates). This includes providing information relating to offers, discounts and general information by seenuPe. In case you do not want such information, you have to explicitly ask to be excluded.
Use of seenuPe Platform
You understand that except for information, products or services clearly indicated as being supplied by seenuPe, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that seenuPe cannot and does not guarantee or warrant that files available for download through the seenuPe 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.
PROHIBITED CONDUCT
By accessing or using the seenuPe Platform or by availing seenuPe Services, you agree not to: 1. Violate the T&Cs; 2. Impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the seenuPe Services, perform any other similar fraudulent activity or otherwise avail seenuPe
Services with what we reasonably believe to be potentially fraudulent funds; 3. Infringe our or any third party’s intellectual property rights, rights of publicity or privacy; 4. Use the seenuPe Services if you are under the age of 18 years without a parental sponsor or, in any event, use the seenuPe Services if you are under the age of 13 years old even with a parental sponsor and in accordance with applicable law; 5. Post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person; 6. Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature; 7. Refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to seenuPe; 8. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the seenuPe Services and the seenuPe Platform or features that enforce limitations on the use of the seenuPe Services or the seenuPe Platform; 9. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards seenuPe Services or seenuPe Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law; 10. Use the seenuPe Services or the seenuPe Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the seenuPe Services or the seenuPe Platform in an automated manner; 11. Modify, adapt, translate or create derivative works based upon the seenuPe Services and the seenuPe Platform or any part thereof, except and only to the extent that that this is permissible by applicable law; 12. Intentionally interfere with or damage operation of the seenuPe Services or the seenuPe Platform 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; 13. Use any robot, spider, other automatic device, or manual process to monitor or copy the seenuPe Platform without prior written permission; 14. Interfere or disrupt the seenuPe Platform or networks connected to the seenuPe Platform; 15. Take any action that imposes an unreasonably or disproportionately large load on seenuPe’s infrastructure/network; 16. Use any device, software or routine to bypass the seenuPe Platform’s robot exclusion headers, or interfere or attempt to interfere, with the seenuPe Services; 17. forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the seenuPe Platform or to manipulate your presence on the seenuPe Platform; 18. Sell the seenuPe Services, information, or software associated with or derived from it; 19. Use the facilities and capabilities of the seenuPe Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others; 20. Breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs; 21. Provide false, inaccurate or misleading information; 22. Use the seenuPe Platform to collect or obtain personal information, including without limitation, financial information, about other users of the seenuPe Platform, except and only as expressly provided in the T&Cs; 23. Avail seenuPe Services with what seenuPe reasonably believes to be potentially fraudulent funds; 24. Use the seenuPe Services in a manner that results in or may result in complaints, disputes, reversals, charge-backs, fees, fines, penalties and other liability to seenuPe, a third party or you; 25. Use the seenuPe Services in a manner that seenuPe or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules; 26. Take any action that may cause seenuPe to lose any of the seenuPe Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers; 27. Send automated request of any kind to the seenuPe Platform without express permission in advance from seenuPe.
TERMINATION; AGREEMENT VIOLATIONS
You agree that seenuPe, 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 seenuPe Services/seenuPe Platform and remove and discard on the seenuPe Platform all or any part of your account, your user profile, or your recipient profile, including your SSOID, at any time. seenuPe may also in its sole discretion and at any time discontinue providing access to the seenuPe Services, or any part thereof, with or without notice. You agree that any termination of your access to the seenuPe Services/seenuPe Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that seenuPe 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 seenuPe may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the seenuPe Services/seenuPe Platform.
LIMITATION OF LIABILITY AND DAMAGES
In no event, seenuPe 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 seenuPe Services, the seenuPe Platform or any reference site/app/platform/service; or (iv) your use or inability to use the seenuPe Services, the seenuPe Platform (including any and all materials) or any reference sites/app/platform/service, even if seenuPe or a seenuPe authorized representative has been advised of the possibility of such damages. In no event, seenuPe or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers 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 seenuPe Services, the seenuPe Platform or any reference site/app/platform/service; or (iv) your use or inability to use the seenuPe services, the seenuPe Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with seenuPe, 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 seenuPe Service or the seenuPe Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that seenuPe 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 seenuPe, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and seenuPe. seenuPe 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, seenuPe’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 seenuPe, 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: (i) your use or misuse of the seenuPe Services or of the seenuPe 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 (iv) Contractors, agents and distributors indemnify all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to retailers and vice-versa. seenuPe reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify seenuPe, including rights to settle, and you agree to cooperate with seenuPe’s defense and settlement of these claims. seenuPe 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.
OWNERSHIP; PROPRIETARY RIGHTS
The seenuPe Services and the seenuPe Platform are owned and operated by seenuPe 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 seenuPe Services and the seenuPe Platform provided by seenuPe (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 seenuPe, all Materials, trademarks, service marks, and trade names contained on the seenuPe Platform are the property of seenuPe and/or third party licensors or suppliers. You agree not to remove, obscure, or alter seenuPe 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 seenuPe Services/seenuPe Platform. Except as expressly authorized by seenuPe, 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. seenuPe reserves all rights not expressly granted in this Agreement. If you have comments regarding the seenuPe Services and/or the seenuPe Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to seenuPe, and shall assign to seenuPe, 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
seenuPe 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 seenuPe 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 seenuPe Platform, availing the seenuPe 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 seenuPe Services/seenuPe Platform. For certain changes, seenuPe may be required under applicable law to give you advance notice, and seenuPe will comply with such requirements. Your continued use of the seenuPe Platform following the posting of changes will mean that you accept and agree to the changes.
NOTICE
seenuPe may provide you with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the seenuPe Platform or by any other reasonable means. Except as otherwise set forth herein, notice to seenuPe must be sent by courier or registered mail to seenuPe B350, WOODLAND COMPLEX, THANE, MAHARASHTRA (421003), India.
WAIVER
The failure of seenuPe 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 seenuPe.
DISPUTE RESOLUTION
If any dispute, controversy or claim arises under this Agreement or in relation to any seenuPe Service or the seenuPe Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable Endeavour’s to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, seenuPe 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 seenuPe 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 seenuPe (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor seenuPe 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 seenuPe. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
GOVERNING LAW AND FORUM FOR DISPUTES
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against seenuPe must be resolved by a court having jurisdiction 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 Indian law. This paragraph shall survive termination of this Agreement.
SEVERABILITY
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.
