Terms And Conditions
Please note that these T&Cs will be incorporated into any Physical Contract We may execute with
You in future and will
be enforceable against You to the same extent as the terms of the Physical Contract. Therefore We
request You to
please
read these T&Cs carefully before clicking on the "Terms and Conditions" checkbox.
Please go through these terms carefully. It is important that you spend time reading the terms as they
constitute
a legal
agreement ("Agreement") between https://www.akkuluji.in/in/ (the "Website" or "Site").
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 that provide for the
due diligence
to be exercised by the Website.
One Akkuluji ("Akkuluji" "we" or "us", which also includes its affiliates) is an
authorized payment
and settlement system under the Payment and Settlement Systems Act, 2007. We issue semi-closed system
prepaid
payment
instruments ("akkuluji.in") to Holders on which they can load and transfer funds in Indian Rupees
within India
to make purchases or avail of certain financial services ("Service(s)"). Akkuluji has its registered
office
situated
at One Akkuluji, Devasom Shopping complex, Kanichukulangara - Mararikulam Road, Mararikkulam North,
Kerala 688544, India. We have employees and
authorized representatives
("Team").
These Terms of Use ("Terms") including our
Privacy Policy define the terms and conditions
under which you're allowed
to use the Website and how we'll treat
your account and akkuluji.in while you are a member. If you have any questions about our terms, feel
free to
contact
us at
info@akkuluji.com
YOUR AGREEMENT WITH AKKULUJI
- We reserve the right to modify the Terms at any time without giving you any prior
notice. Your use of the
Website following
any such modification constitutes your agreement to follow and be bound by the Terms as
modified. Any additional
terms and conditions, disclaimers, privacy policies and other policies applicable in
general and/ or to specific
areas of this Website or to particular Service are also considered as Terms.
- You acknowledge that you will be bound by this Agreement for availing any of the
Services offered by us.
- Your access to use of the Website and the Services will be solely at the discretion of
Akkuluji.
-
The Agreement is published in compliance of, and is governed by the provisions of Indian
law, including but
limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed thereunder,
including the (Indian)
Information Technology
(Reasonable Security Practices and Procedures and Sensitive Personal
Information) Rules, 2011, and the
(Indian)
Information Technology (Intermediaries Guidelines) Rules, 2011.
APPROVAL OF TERMS
- By using the Website and its Services, you agree that you have read and understood these
Terms and you agree to be
bound by these Terms and use the Services in compliance with these Terms. Please read
these Terms carefully. If you
do not agree to be bound by (or cannot comply with) any of the terms below, please leave
the Website immediately
and terminate your account with us. The information that you obtain or receive from
Akkuluji, its Team, contractors, partners, sponsors, advertisers or otherwise on the
Website is for informational and
scheduling purposes only.
- The information provided on the Website is not professional advice and must not be
considered as such. Your use of information provided on the Website is solely at your
own risk.
-
You can accept the Terms by:
- Using the Website; or
- By actually using the Services. In this case, you understand and agree that
Akkuluji will treat your use
of the
Services as acceptance of the Terms from that point onwards.
-
For being a valid User you must satisfy the following conditions:
- You are of legal age to form a binding contract with Akkuluji; or
- You are not a person barred from receiving the Services under the laws of India
or other countries
including the
country in which you are resident or from which you use the services.
- I give consent to Akkuluji to collect KYC documents from PSUs and Government agencies on
my behalf.
INFORMATION PRESENTATION/ EDITORIAL CONTROL
- We make the Website available as a part of our Service to Holders and Merchants. We may,
but have no obligation to, have non user-posted information reviewed by the Website's
editorial
personnel.
- It is important to note, however, that the timeliness and accuracy of any or all of the
information is not guaranteed. Neither the authors, the editorial personnel, nor any
other party who has
been involved in the preparation or publication of this work 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.
USE OF SERVICES AND INFORMATION ON THE WEBSITE
- In order to access certain Services, you may be required to provide information about yourself
(such as
identification,
contact or payment details) as part of the registration process for the Service, or as part of
your continued
use
of the Services. You agree that any registration information you give to us will always be true,
accurate,
correct,
complete and up to date. Any phone number used to register with the Website needs to be
registered in your name
and
you might be asked to provide supporting documents to prove the same.
- In terms of Information and Technology Act,2000 read with Information Technology (Intermediary
guidelines)
Rules, 2011,
Akkuluji securely transmits and saves your data including but not limiting to the interactions
done by the user
on
the Akkuluji App, the transactions undertaken by the user via Akkuluji including the exchange of
short message
service,
to our secure servers. The same enables Akkuluji to not only serve its users with better offers
but also with
reminders
and notifications for activities more in-line for users interests.
- Information provided by Akkuluji or otherwise obtained from the Website will not be used for
any unauthorized
and unlawful
purpose;
- You agree not to access (or attempt to access) any of the Services by any means other than
through the
interface that
is provided by Akkuluji, unless you have been specifically allowed to do so in a separate
agreement with us;
- You agree that you will not engage in any activity that interferes with or disrupts the
Services (or the
servers and
networks which are connected to the Services);
- You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or
resell the
information
obtained from the Website for any purpose whatsoever;
- You agree that you are solely responsible for (and that Akkuluji has no responsibility to you
or to any third
party
for) any breach of your obligations under the Terms and for the consequences (including any loss
or damage which
Akkuluji may suffer) of any such breach.
- You will not impersonate another person, including, without limitation, a Holder or a Merchant.
- You agree to the use of your data in accordance with Akkuluji's
Privacy Policy
- All personal and contact information provided by you will be kept confidential by Akkuluji.
This includes your
personal
information given in relation to your account creation and subsequent administration.
CONTENT YOU POST OR SUBMIT
- On creation of an account on the Website, you will have the opportunity to use various
interactive aspects
through
which you can communicate with our Team and share information (collectively "Posted
Information"). It is
important
that you act responsibly when providing such Posted Information. Do not use inappropriate
language, make
gratuitous
personal criticisms or comments. When participating in interactive aspects of the Service,
please do include all
relevant information in a concise manner to help us provide you with a helpful response.
-
Please note that:
- You are solely responsible for any Posted Information that you submit on the Website or
transmit to our
Team and/or
other users of the Website;
- You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other
proprietary
information without obtaining the prior written consent of the owner of such proprietary
rights. You may not
submit any content or material that infringes, misappropriates or violates the
intellectual property,
publicity,
privacy or other rights of any party;
- You may not provide any Posted Information that falsely expresses or implies that such
content or material
is sponsored
or endorsed by Akkuluji;
- You may not provide any Posted Information that is unlawful or that promotes or
encourages illegal
activity;
- You understand and agree that Akkuluji may (but is not obligated to) review and delete
any Posted
Information that
in the sole judgment of Akkuluji violates these Terms or which might be offensive,
illegal, or that might
violate
the rights of, harm, or threaten the safety of other users of the Website and/or any other
person;
- You agree that you will only provide Posted Information that you believe to be true and
you will not
purposely
provide false or misleading information; and
-
The following is a partial list of the kind of content and communications that are illegal
or prohibited
on/through the Website.
Akkuluji reserves the right to investigate and take appropriate legal action in its sole
discretion against
anyone
who violates this provision, including without limitation, removing the offending
communication from the
Services
and terminating the membership of such violators or blocking your use of the Services
and/or the Website.
You
may not post content that:
- Involves the transmission of unsolicited mass mailing or "spamming";
- Harasses or advocates harassment of another person;
- Is false or intentionally misleading;
- Violates the intellectual property or other rights of any person;
- Is threatening, obscene, defamatory or libellous; or
- Is pornographic or sexually explicit in nature.
- You agree, through Your use of this Service, that you will not use this Website to post any
material which
known
to be unlawful, false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing,
libelous, harmful,
obscene,
profane, sexually oriented, threatening, racially offensive, invasive of a person's privacy, or
otherwise
objectionable
material of any kind or nature. You agree not to post any copyrighted material unless the
copyright is owned by
You or You have been given permission by the copyright owner to post such material and You give
due credit to
the
copyright owner by including the copyright information in your post.
- You agree and acknowledge that you will not submit unlawful, offensive, inaccurate, misleading,
abusive,
pornographic,
harassing, libelous, blasphemous, defamatory, obscene, paedophilic, invasive of another's
privacy, hateful,
racially
or ethically objectionable, disparaging, relating to or encouraging money laundering or
gambling, or otherwise
inappropriate material.
-
You also agree that you will:
- Not upload or share any information that impersonates another person, threatens the
unity, integrity,
defence,
security or sovereignty of India;
- Obtain any consents, permission or licenses that may be legally required for you to
submit any material;
- Respect the privacy of others;
- Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes,
viruses;
- Not use any other technologies or initiate other activities that may harm the Service, or
the interest
or property of the Users; and
- Not use any automated systems or means to access, acquire, copy or monitor any part of
the Service.
YOUR USE OF INFORMATION
- Except for Posted Information that you submit, all of the information available on or through
the Services
and/or the
Website, including without limitation, text, photographs, graphics and video and audio content,
is owned by us
and
our licensors and is protected by copyright, trademark, patent and trade secret laws, other
proprietary rights
and
international treaties. You acknowledge that the Services and any underlying technology or
software used in
connection
with the Services contain Akkuluji's proprietary information. We give you permission to use the
aforementioned
content
for personal, non-commercial purposes only and do not transfer any intellectual property rights
to you by virtue
of permitting your use of the Services. You may print, download, and store information from the
Website for your
own convenience, but you may not copy, distribute, republish (except as permitted in this
paragraph), sell, or
exploit
any of the content, or exploit the Website in whole or in part, for any commercial gain or
purpose whatsoever.
Except
as is expressly and unambiguously provided herein, we do not grant you any express or implied
rights, and all
rights
in the Website and the Services not expressly granted by us to you are retained by Akkuluji.
- We make no guarantees, representations or warranties, whether expressed or implied, with
respect to
professional qualifications,
expertise and quality of work or services or other information concerning the Team.
USER RESPONSIBILITIES
- We make no guarantees, representations or warranties, whether expressed or implied, with
respect to
professional qualifications,
expertise and quality of work or services or other information concerning the Team.
PRIVACY AND INTELLECTUAL PROPERTY PROTECTION
- Akkuluji's
Privacy Policy explains how we treat your
personal data and protect
your privacy when you use our Services. By
using our services, you agree that Akkuluji can use such data in accordance with our policies.
- You agree and understand that you are responsible for maintaining the confidentiality of
passwords associated
with
any account you use to access the Services.
- You agree that you will be solely responsible to Akkuluji for all activities that occur under
your account.
- If you become aware of any unauthorized use of your OTP or of your account, you agree to notify
us
immediately
at
ph: +91 9142914202.
- All trademarks, brands and service marks used in conjunction with the Services offered by
Akkuluji and owned
by Akkuluji
shall be our property; Akkuluji shall own all of the copyrights and database rights in the
Services. Without our
consent, you may not publish, distribute, extract or reproduce any contents provided by the
Services. For use of
any third party's intellectual property, you need to get permission directly from the owner of
the intellectual
property
for any use. Third party trademarks may appear on this Website and all rights therein are
reserved to the
registered
owners of those trademarks.
- As a user of our Website, you acknowledge that any intellectual property which is not
specifically mentioned
to be
owned by us is owned by their respective owners and the owners have a right to take appropriate
actions against
you
for any violation, infringement and passing off.
- Your use of the Services is at all times governed by and subject to laws regarding copyright,
trademark,
patent, and
trade secret ownership and use of intellectual property. You agree not to upload, download,
display, perform,
transmit,
or otherwise distribute any information or content in violation of any party's copyrights,
trademarks, patents,
trade
secrets, or other intellectual property or proprietary rights. You agree to abide by laws
regarding copyright,
trademark,
patent, and trade secret ownership and use of intellectual property, and you shall be solely
responsible for any
violations of any laws and for any infringements of any intellectual property rights caused by
use of the
interface/Website.
THIRD PARTY INFORMATION ON THE WEBSITE
-
As some information appearing on the Website is provided to Akkuluji by third parties, Akkuluji
will have no
liability in
respect of any loss or damage arising from third party information which appears on the Website,
including the
manner
in which the information is displayed or information which may be:
- Out of date;
- Inaccurate;
- Duplication;
- Impersonation by a person to be another person.
- All dealings and communication arising from Akkuluji's facilitation of interaction between
Merchant and Holder
will
be between the Merchant and Holder only and Akkuluji is not responsible in any manner for any
communication
between
the Holder and the Merchant, and has no liability in respect of such dealings whatsoever.
- Akkuluji is not an agent for any of the Merchants listed on this Website and Akkuluji has no
responsibility
for and
no liability whatsoever in respect of the conduct of a Merchant or quality of service provided
by a Merchant.
LINKS TO OTHER SITES
- The Services may include links to other websites. Some of these websites may contain materials
that are
objectionable,
unlawful, or inaccurate. These links are provided for your convenience only and the provision of
these links
does
not mean that we endorse these websites or the products and services they provide. You
acknowledge and agree
that
we are not responsible or liable for the content or accuracy of these other websites.
-
You will note that the URL to every webpage on our Website begins with "https://".
In other words, every webpage on our Website is hypertext transfer protocol secure ("HTTPS
Enabled") or
"identity verified".
- We have had our entire Website HTTPS Enabled to better protect your security against dummy
websites. Please
verify
that a webpage is HTTPS Enabled before providing any information on it. We will not be liable
for any
consequences
of you providing details on any third party website, including dummy websites.
NO WARRANTIES
- The interface/Website is provided subject to all of the terms set forth in the Terms.
-
Akkuluji disclaims all warranties whether express or implied, including but not limited to:
- That our Website will always function without disruptions, delay or errors. A number of
factors may impact
the
quality of your communications and use of the Website and may result in the failure of
your communications
including
but not limited to: your local network, firewall, your internet service provider, the
public internet, the
public
switched mobile network, private switched mobile networks and your power supply. We take
no responsibility
for
any disruption, interruption or delay caused by any failure of or inadequacy in any of
these items or any
other
items over which we have no control;
- Your ability to use the Service through the Website;
- Your satisfaction with the Service or the Website;
- Security and privacy of your data;
- That bugs or errors in the Service and/or Website will be corrected;
- That our Services will be compatible with all broadband services and modems and we
disclaim any express or
implied
warranties regarding the compatibility of our Service with any particular broadband
service or modems;
- We make no express or implied representations or warranties about our Services or the
Website and disclaim
any
implied warranties, including, but not limited to, warranties or implied warranties of
merchantability or
fitness
for a particular purpose or use or non-infringement. We do not authorize anyone to make a
warranty on our
behalf
and you may not rely on any statement of warranty as a warranty by us; and
- That our Team who furnishes Services to you in connection with this Agreement or the
Service will be
liable for
any act or omission in relation to the Website.
RESTRICTIONS ON USE
-
In addition to all Terms of this Agreement, you shall not:
- Use the third party links to sites without agreeing to their website terms &
conditions;
- Post links to third party websites or use their logo, company name, etc. without their
prior written
permission;
or
- Use the Services for spamming and other illegal purposes.
TERMINATION OF SERVICES
-
Your account may be disabled and Services may be terminated based upon the representations made
by you. Any of
the following
actions may result in termination of Services:
- Impersonating another person or entity with the effect of misleading users about the
identity of the
creator of
content (including misleading account user names, voices and sounds used in broadcasts,
and account profile
information);
- Impersonating the Services or a Akkuluji Team member;
- Representing that content you post or transmit through the Services is created or
endorsed by us;
- Providing or sending any content which may be harmful or detrimental to Akkuluji or its
business
associates, or
which violates any restriction or policy established by Akkuluji or its business
associates;
- Submission of any content that falsely expresses or implies that such content is
sponsored or endorsed by
us;
- Falsification or deletion of any author attributions, legal or other proper notices or
proprietary
designations
or labels of the origin or source of software or other material contained in a file that
is posted;
- Putting on Akkuluji's system any content that contains software viruses, trojan horses or
any other
computer code,
files, or programs designed to interrupt, destroy, or limit functionality of any computer
software or
hardware
or telecommunications equipment;
- Manipulating Service identifiers in order to disguise the origin of any content
transmitted via the
Services;
- Collecting or storing personal data about other users;
- Interfering with or disrupting the Service or servers or networks connected to the
Service, or disobeying
any requirements,
procedures, policies or regulations of networks connected to the Service;
- Using any robot, spider, website search/retrieval application, or other device to
retrieve or index any
portion
of the Service or collect information about users for any unauthorized purpose; or
- Creating user accounts by automated means or under false or fraudulent pretences.
SPAMMING
- You may not use contact information provided by us or other users or harvest such information
for the purpose
of sending,
or to facilitate the sending, of unsolicited bulk communications such as spam. You may not allow
others to use
your
account to violate the terms of this section. We may terminate your membership or access to the
Website
immediately
and take other legal action if you or anyone using your credentials violates these provisions.
ADDITIONAL TERMS
- Certain Services on the Website may have additional terms (such as policies, guidelines, and
rules) that will
further
govern your use of that particular Service and supplement these Terms. If you choose to register
for or access
any
such Services, you will be presented with any relevant additional terms and conditions at that
time. By using
those
Services, you agree to comply with such additional guidelines and rules.
- Unless otherwise indicated all SuperCash offers validity, usage, elgibility, availability and
or otherwise are
subject
to Terms and Conditions and may be available at select participating stores and or merchants
only. Be certain to
read the terms and conditions for each offer before use.
- In relation to some SuperCash Offers and or Promotions, certain release requirements or, where
appropriate,
withdrawal
and or earning restrictions must be satisfied, in addition to the general eligibility criteria
set out in the Terms and Conditions.
DISCLAIMER
- The Service and the Website and its entire contents are provided on an 'as is' basis. Akkuluji
and its
officers, employees,
agents and contractors give or make no representation or warranty (either express or implied) as
to the
suitability
of the Service or the Website or its contents for any purpose or the completeness, accuracy,
reliability,
security
or availability of the Service or the Website or its contents; nor do they accept any
responsibility arising in
any
way (including from negligence) for errors in, or omissions from, the Service or the Website.
- Akkuluji and its officers, employees, agents and contractors are not liable for any loss,
damage, claim,
expense, cost
(including legal costs) or liability arising directly or indirectly from your use or non-use of
the Service or
the
Website, or your reliance upon the Service or the information contained upon the Website
(whether arising from
Akkuluji's
or any other person's negligence or otherwise).
- You and Akkuluji agree that any cause of action arising out of your use of the Service or
Website must be
commenced
within 12 (twelve) months after the cause of action accrues or you become aware of the facts
giving rise to the
cause
of action, whichever is later. Otherwise, such cause of action is permanently barred.
- Where any legislation implies any term, condition, representation or warranty into this
Agreement or the
Privacy Policy
and that legislation prohibits exclusion of that term, condition, representation or warranty,
then that term,
condition,
representation or warranty is included.
GENERAL LIMITATION OF LIABILITY AND INDEMNIFICATION
-
Your sole and exclusive remedy for any dispute with us is the suspension of your Akkuluji
account. In no
event shall
our total cumulative liability to you for any and all claims relating to or arising out of
your use of the
Website,
regardless of the form of action, exceed INR 1000 /- (Indian Rupees [ONE THOUSAND] only).
In no event shall we be liable to you (or to any third party claiming under or through you)
for any indirect,
special,
incidental, consequential or exemplary damages arising from your use of, or inability to use,
the Website.
These
exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage,
computer failure
or
malfunction, any other commercial damages or losses, even if we knew or should have known of
the possibility
of
such damages.
- You agree to defend, indemnify and hold Akkuluji, and its Team harmless from and against any
claims, actions,
demands,
liabilities, judgments, and settlements, including without limitation, reasonable legal fees
resulting from or
alleged
to result from your use of this Website.
- You hereby indemnify and hold Akkuluji, and its Team harmless from any loss, costs, damages,
expenses, and
liability
caused by your use of the Website, your violation of this Agreement, or your violation of any
rights of a third
party
through use of the Website.
UNENFORCEABLE PROVISIONS
- If any provision of these Terms is, or is found to be, unenforceable under applicable laws,
that will not
affect the
enforceability of the other provisions of these Terms.
GOVERNING LAW AND DISPUTE RESOLUTION
- Except as otherwise described, all content availed by the use of this Website/interface are
made available
only to
facilitate the users. Akkuluji controls and operates the Website and Services and makes no
representation that
the
contents and Services are appropriate or available for use in other locations. If you use the
Services from a
location
other than the location where the Website and Services are controlled and operated, you are
responsible for
compliance
with applicable local laws.
- These Terms shall be governed by and shall be construed in accordance with the laws of India.
All disputes
relating
to these Terms shall be settled in the courts located at New Delhi, India.