RECHARGE DUNIYA Services as are permitted expressly by RECHARGE DUNIYA. The Retailer/Distributor/Master Distributor shall not automatically have the right to market, sell, distribute, or promote any product or service that may be provided by other retail outlets, whether in the present or in the future. In the event of any addition to the Services, RECHARGE DUNIYA may, at its sole discretion, intimate the Retailer/Distributor/Master Distributor that the Retailer/Distributor/Master Distributor is entitled to sell, market, distribute and promote such product or service.RECHARGE DUNIYAshall also have the right to direct the Retailer/Distributor/Master Distributor to discontinue providing any of the RECHARGE DUNIYA Services at the Retail Outlet without assigning any reason whatsoever. 

 

3. RECHARGE DUNIYA shall specify to the Retailer/Distributor/Master Distributor, the necessary infrastructure and equipment including but not limited to computer terminals, peripherals attachments, internet and broadband connectivity, mobile device and/or any such device with GPRS connectivity, HTML enabled, which is compatible enough to run RECHARGE DUNIYASoftware/Services etc. for effectively providing the RECHARGE DUNIYAServices, which the Retailer/Distributor/Master Distributor shall acquire at its sole expense. In case of the MPOS Application, the Retailer/Distributor/Master Distributor shall be entitled to install the RECHARGE DUNIYASoftware on that particular mobile device and/or any such other device, which is proposed to be registered with RECHARGE DUNIYA for availing RECHARGE DUNIYA Services, and no other mobile/device of the Retailer/Distributor/Master Distributor shall have such Software installed unless registered under the terms and conditions of this Agreement Further, the Retailer/Distributor/Master Distributor shall prominently display the RECHARGE DUNIYAsignage, signboards, logos, etc at a prominent place in the Retail Outlet, strictly in accordance with the directions issued by RECHARGE DUNIYAin this regard. 

 

4. Upon satisfactory installation and operation of the necessary equipment and peripherals, RECHARGE DUNIYAshall, subject to these Terms and Conditions, install the necessary software and other RECHARGE DUNIYAIntellectual Property to enable the provision of the Services. All Services shall be provided solely through the portal of FAJLKA or are recorded therein and no offline transactions are permitted and/or no such fake/false receipts should be issued by the Retailer/Distributor/Master Distributor for the willful fraud transaction done by the Retaller/Distributor/Master Distributor which are not transacted through RECHARGE DUNIYASoftware/portal.However, if any Retailer/Distributor/Master Distributor is found and/or discovered doing any such malicious/wrong/willful/fraudulent acts and/or offline transactions, it shall be liable and charged for such civil/penal and criminal acts by and under but not limited to the Indian Penal Code 1860 and Criminal Procedure Code 1973 

 

5. The Retailer/Distributor/Master Distributor shall obtain all necessary license(s), permits and approvals for selling, distributing, marketing and promoting the Services from the Retail Outlet and shall bear all costs and incidental expenses incurred in this regard, including without limitation all fees for application, license fees, charges and taxes. 

 

6. The Retailer/Distributor/Master Distributor shall keep the Retailer/Distributor/Master Distributor Outlet open for business during normal business hours, or aspermitted by law or such other time period as RECHARGE DUNIYA may specify from time to time. 

 

7. The Retailer/Distributor/Master Distributor shall ensure that the Retail Outlet is utilized for the purpose of rendering the Services in accordance with these Terms and Conditions. The Retailer/Distributor/Master Distributor shall further ensure that and shall not cause or permit

 

(a) any material that may not be made available to the public under applicable law, including without limitation any vulgar, obscene, pornographic, misleading, defamatory, libellous, offensive, derogatory, threatening, harassing, abusive or violent content, to be made available in the Retail Outlet or

 

(b) any activities that are proscribed under law or reasonably considered to be immoral or against public interest 

 

8. RECHARGE DUNIYA may, at its sole discretion and with or without consideration, provide training manuals, technology support, ongoing advice and assistance to the Retailer/Distributor/Master Distributor and designated employees of the Retailer/Distributor/Master Distributor, including, provision of brochures, pamphlets charts, signboards, signage and other materials for the purposes of advertisement, promotion and marketing the Services. Any materials supplied by RECHARGE DUNIYA shall be utilized solely in relation to the provision of Services and the Retailer/Distributor/Master Distributor shall ensure that such materials are not utilized for any other purpose. 

 

9. The Retailer/Distributor/Master Distributor shall not encroach/poach upon the areas of operation of other neighbouring Retailer/Distributor/Master Distributors appointed by RECHARGE DUNIYA or act in any manner which will prejudice the business prospects of neighbouring Retailer/Distributor/Master Distributors appointed by RECHARGE DUNIYA

 

10. In this Terms of Use, unless the contrary intention appears and/or the context otherwise requires, capitalised terms defined by: (i) inclusion in quotations and/ or parenthesis have the meanings so ascribed, and (ii) the following terms shall have the meanings assigned to them herein below: 

 

DEFINITIONS AND INTERPRETATION

 

"Applicable Law" includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognized stock exchange, as may be applicable including but not limited to Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial Services by Banks, Business Correspondent Guidelines issued by RBI from time to time, Payment & Settlement Systems Act, 2007, Payment & Settlement Systems Regulations, 2008, Policy Guidelines on Issuance and operation of Pre-paid Payment Instruments in India, and any other guideline in relation to pre-paid cards issued from time to time by Reserve Bank of India and in each case, any implementing regulation or interpretation issued thereunder including any successor Applicable Law. 

 

"Applicant" shall mean You or any individual person above the age of [18 (eighteen)] years, using an operational mobile phone connection, who applies either on his owner approaches Retail Partner at the Retail Outlet locations and/or such other locations, for availing the Company Services 

 

"Company Rules" shall mean policies issued by the Company with respect to its strategic business partners, retail partners, distributors, Consumers including but not limited to the policy on the code of conduct and other sales and management policies as issued on the Website, Platform and/ or otherwise and amended from time to time 

 

"Consumer shall mean an Applicant who upon submission of the CAF and upon completion of necessary formalities, is found to be eligible by Company as per guidelines issued by RBI (if any), to avail the Company Services and has opened a Membership Account. 

 

"Governmental Authority" means any nation, state, sovereign, or government, any federal, regional, state, local or political subdivision and any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, constitutionally established and having jurisdiction over any of the parties (to the extent relevant to the transactions contemplated hereby) or the assets or operations of any of the foregoing or the transactions contemplated hereb. 

 

"INR or "RS" means Indian Rupees, the lawful currency of the Republic of India. 

 

"Intellectual Property" shall mean all intellectual property used for the purpose of or in association with or in relation to providing the Company Services utilising the Platform and includes without limitation,

 

(a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, in association with or for the operation of the software installed by Company:

 

(b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by Company during the course of its business and all depictions, derivations and representations thereof,

 

(c) all promotional material including without limitation, advertisements, literature, graphics, images, content and the look and feel" of all of the above, and

 

(d) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques."Tax" or "Taxes" shall mean any and all taxes, GST, cess, levies, imposts, duties, charges, deposits, fees, deductions or withholdings that are, or that are to be. imposed, levied, collected, withheld or assessed, together with any and all interest, penalties, claims or other liabilities arising under or relatingDISTRIBUTOR 

 

ACCEPTANCE AND APPOINTMENT AS RETAILER/DISTRIBUTOR/MASTER DISTRIBUTOR 

 

11. These Terms and Conditions shall come into force from the date (Effective Date) of Retailer/Distributor/Master Distributor Application Form attached herewith. Within 30 (thirty) days from the date of acceptance by Retailer/Distributor/Master Distributor, the Retailer/Distributor/Master Distributor shall commence business in accordance with these Terms and Conditions 

 

12. The Retailer/Distributor/Master Distributor acknowledges that it has read and understood these Terms and Conditions at the time of making an application to RECHARGE DUNIYAfor operation of a retail outlet to provide the Services (as defined herein) under the name and style of "RECHARGE DUNIYA" and that it has had sufficient time to evaluate the financial requirements, equipment required to conduct the business, services applicable/ enable in his area of operation and risks associated with the establishment and operation of the retail outlet 

 

13. During the Term and subject to these Terms and Conditions, RECHARGE DUNIYA hereby appoints the Retailer/Distributor/Master Distributor and the Retailer/Distributor/Master Distributor hereby accepts the appointment as a RECHARGE DUNIYA Retailer/Distributor/Master Distributor, to establish and operate a retail outlet at such address as specified in the Retailer/Distributor/Master Distributor application form attached herewith for the purpose of marketing, selling and providing the Services ("Retail Outlet"). No changes to the address as mentioned in the Retailer/Distributor/Master Distributor Application form shall be permitted, except with the prior written consent from RECHARGE DUNIYA whereas such consent shall be signed by the Authorized Representative of the level of Vice President or above 

 

14. The appointment of the Retailer/Distributor/Master Distributor under these Terms and Conditions shall remain valid up to the termination (Term"). RECHARGE DUNIYA may exercise its right of withdrawal by giving a notice in writing to the Retailer/Distributor/Master Distributor 1 (one) month prior to withdrawal unless any breach of this agreement by the Retailer/Distributor/Master Distributor 

 

15. The Retailer/Distributor/Master Distributor may describe himself as an 'authorized Retailer/Distributor/Master Distributor of RECHARGE DUNIYA, but must not hold [itself/himself] out as being entitled to bind FAJLKA in any way. The Retailer/Distributor/Master Distributor shall not make, cause or permit, directly or indirectly. any description or projection of itself as a partner or employee or officer or representative of RECHARGE DUNIYA 16. RECHARGE DUNIYA is in the business of facilitating/distributing/marketing/providing of product(s)/service(s) of various service providers to enable them to expand the distribution networks for the services provided by them. 

 

17. The Retailer/Distributor/Master Distributor has understood the business model and aware that RECHARGE DUNIYA is just a facilitator and distributor of products and services and does not own such services or products by itself. RECHARGE DUNIYA takes reasonable efforts to make available the services and products, however, shall not be liable and responsible for any deficiency of such services and products.RECHARGE DUNIYA further also takes reasonable efforts to provide its best uninterrupted services at best quality; however, technological systems are prone to interruption for upgradation, maintenance, break down of either the systems of RECHARGE DUNIYA or that of the Service Providers. The Retailer/Distributor/Master Distributor shall be managing his business considering such interruptions.