Terms And Conditions
Terms And Conditions
Please read the following terms and conditions
carefully before registering, browsing, downloading or using the site. By using the site
or by using our services, you agree to be bound by these terms and conditions set forth
below including any additional guidelines and future modifications that we implement
from time to time. 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 refrain from using the site
and immediately terminate your use of the services.
The Terms and Conditions (as may be amended from time to time) is a legal contract and an
agreement between you, an individual customer, member, user, or beneficiary of this
service of at least 18 years of age ("You"), and miniswipe.in (together with its
subsidiaries and other affiliates, "us", "we", "miniswipe.in"), regarding Your use of
our
prepaid mobile/DTH recharge services (known as "Service") to purchase prepaid mobile/DTH
recharge (known as "Recharge") and related Services on our website miniswipe.in (known
as the "Site")
Contact you through email ,SMS, WhatsApp, or such other communication channels to inform
you about the services under this TOU should you opt to not receive any
communication,you may choose to opt for DND service ( Do not Disturb ) service by
logging in your request on the miniswipe.in website or while talking to representatives
from
miniswipe.in .All our communication comes with the ability to opt for DND.
miniswipe.in in reserves the right, at its sole discretion, to revise, add, or delete
portions of these terms and conditions any time without further notice which shall be
your responsibility to visit from time to time in order to stay abreast of any changes
that the "Site" may introduce. The services hereunder are offered by miniswipe.in
Eligibility
you shall be at least 18 years of age or over to register and avail the services of the
"Site". You represent and warrant that he/she has the right, authority, and capacity to
enter into this Agreement and to abide by all of the terms and conditions of this
Agreement. You shall not impersonate any person or entity, or falsely state or otherwise
misrepresent identity, age or affiliation with any person or entity. The "Site" may
terminate the registration of the "User", and any content or information that You have
posted on the "Site" and/or prohibit You from using or accessing the Service or the Site
(or any portion, aspect or feature of the Service or the Site) for any reason including
the reasons stated above, at any time in its sole discretion, with or without notice,
including without limitation if it believes that you are under 18 years of age.
Account Passwords and Registration You agree that the information you provide to
miniswipe.in 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 miniswipe.in and indemnify miniswipe.in from any liabilities
that may arise from the misuse of Your Account.
Prohibited Conduct
By using the Services you agree not to:
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; post or transmit any message which is libellous, defamatory or
which discloses private or personal matters concerning any person; refuse to cooperate
in an investigation or provide confirmation of Your identity or any other information
You provide to miniswipe.in ; 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
notwithstanding this limitation; 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; 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; breach this Agreement or any other miniswipe.in
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 miniswipe.in
reasonably believes to be potentially fraudulent funds; use the Services in a manner
that results in or may result in complaints, disputes, reversals, charge backs, fees,
fines, penalties and other liability to miniswipe.in, a third party or You; use the
Services in a manner that miniswipe.in 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 miniswipe.in to lose any of the Services from its service
providers, Telco’s, payment processors or other suppliers;
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"). miniswipe.in 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.
Limitation of Liability and Damages
In no event will + 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 miniswipe.in or a miniswipe.in authorized representative has
been
advised of the possibility of such damages. In no event will miniswipe.in 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 miniswipe.in , 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 miniswipe.in 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 miniswipe.in , and that the warranty disclaimers and the
limitations
of liability set forth herein form an essential basis of the bargain between you and
miniswipe.in. miniswipe.in 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, miniswipe.in
liability will be limited to the fullest extent permitted by applicable law. This
paragraph shall survive termination of this agreement.
Limitation of Liability and Damages
you agree to indemnify, save, and hold miniswipe.in , 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. miniswipe.in reserves the right, at your expense, to assume the exclusive
defence and control of any matter for which you are required to indemnify miniswipe.in ,
including rights to settle, and you agree to cooperate with miniswipe.in 's defence and
settlement of these claims. miniswipe.in 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, miniswipe.in 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
miniswipe.in 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
"miniswipe.in” includes miniswipe.in officers, directors, employees, shareholders,
agents,
licensors, subcontractors and affiliated companies. you acknowledge that miniswipe.in 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. miniswipe.in , and its third
party
suppliers, licensors, and partners do not warrant that the data, miniswipe.in 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.
miniswipe.in 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 miniswipe.in
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.
Ownership; proprietary rights
the services and the site are owned and operated by miniswipe.in 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 services and the site provided by miniswipe.in (the "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 miniswipe.in, all materials, trademarks, service
marks, and trade names contained on the site are the property of miniswipe.in and/or
third
party licensors or suppliers. You agree not to remove, obscure, or alter miniswipe.in 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 services.
Except as expressly authorized by miniswipe.in , 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.
miniswipe.in reserves all rights not expressly granted in this agreement. If you have
comments regarding the services and the site or ideas on how to improve it, please
contact us on info@sarupruralinfra.in .in or send us a message on the contact us page.
Please note that by doing so, you hereby irrevocably assign to miniswipe.in, and shall
assign to miniswipe.in all right, title and interest 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.
Arbitration
miniswipe.in may elect to resolve any dispute, controversy or claim arising out of or
relating to this agreement or service provided in connection with this agreement by
binding arbitration in accordance with the provisions of the Indian arbitration &
conciliation act, 1996. Any such dispute, controversy or claim 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 arbitration shall be conducted in our district in
India and judgment on the arbitration award may be entered in any court having
jurisdiction thereof. All administrative fees and expenses of arbitration will be
divided equally between you and us. In all arbitrations, each party will bear the
expense of its own lawyers and preparation. The language of arbitration shall be
English.
Governing law and forum for disputes
except as otherwise agreed by the parties or as described in the arbitration section
above, you agree that any claim or dispute you may have against miniswipe.in must be
resolved by a court situate in our district in India. This agreement shall be governed
by the laws of India, without giving effect to any principles of conflicts of law.
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.
Assignment
this agreement, and any rights granted hereunder, may not be transferred or assigned by
you without our prior written consent which may be withheld in our sole discretion, but
may be assigned by us without restriction. Any assignment attempted to be made in
violation of this provision shall be void and of no effect. Refund Policy for B2B
Customer:-
B2B customer, takes the balance. In any event, the balance will not return.
Changes to the terms and conditions
the site may amend its terms and conditions at any time, at its sole discretion. If there
are any change made in the terms and conditions, the same shall be notified to you by
posting an announcement on the site so that you are abreast of the changes that occur on
the site from time to time. 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 payment transactions initiated after the posting
date. If you do not agree with any such modification, your sole and exclusive remedy is
to terminate your use of the services.