Terms & Conditions

END-USER LICENSE AGREEMENT FOR ANDROID APPLICATION “Admobly”

This is anEnd User License Agreement (“EULA” or “Agreement”) between you (“You”) /“Customer” and HARSHIT INFO SOLUTIONS PRIVATE LIMITED having CIN U74900DL2013PTC253261and Registered Office at E-13, GROUND FLOOR, LAXMI NAGAR, DELHI – 110092, Delhi, INDIA(“Harshit”) and governs your use of the “App Money” mobile application (“Application”). You acknowledge and agree that to the extent not in conflict with this EULA, your use of Application will be subject to the Terms of Service provided with those services and the Private Policy.

  1. 1. DEFINATIONS:

    1. “Application”- means the mobile application developed, hosted and maintained by the Publisher on the Android Market Place operated by Google Inc. / Google Play Store and /or any other market site operated or controlled by Google Inc. or any third party;
    2. “Admobly”- means the application developed by the Publisher and subject of the present EULA;
    3. “Service”- means all connected, incidental and ancillary services provided by Harshit towards and under the Application developed by it and hosted on the Android Market Place;
    4. “Intellectual Property Rights”- shall include all proprietary rights of the Publisher in the Application(s) or “Admobly” protected under the Copyright Act and the Trademarks Act;
    5. “Value”– means the monetary benefit associated with the downloading of the various Mobile Application(s) of the different Advertiser(s) from Admobly on the internet compatible device of the Customer, as specified from time to time;
    6. “Incentive”– means the monetary benefit associated with the performance of / carrying all such additional activities, other than covered under Value, including and not limited to friend referral(s), Active shopping on the website of Advertiser through Admobly, reading of articles, watching videos, participating in surveys etc. which may be prescribed by the publisher from time to time;
    7. “Control”- means and shall include all actions, steps, and precautions taken or required to be taken by the Publisher for enforcing the prohibited conduct under the EULA;
    8. “Encashment” – means and shall include the conversion of the value under the present agreement into Mobile Re-charge Coupons and / or DTH Re-charge,and also includes Cash Coupons redeemable only at the web portal khoobsurati.com and no other(s), however, the Publisher may notify and include any other option of conversion other than stipulated above and shall be considered as encashment;
    9. “Affiliate”– means all associate group entities, sub-business groups, Associate companies of the Publisher;
    10. “Publisher”- Publisher means Harshit Info Solutions Private Limited having CIN U74900DL2013PTC253261 and Registered Office at E-13, Ground Floor, Laxmi Nagar, Delhi – 110092, Delhi, India (“Harshit”)
    11. “Customer” or “You”mean any person who has registered with Admobly for availing the Mobile Application services and has accepted these terms and conditions, and owns/operates/has access to an internet compatible device that supports the Application.
    12. “Advertiser” shall mean and include a third party whose application(s) is/ are available on Admobly and are promoted by the Publisher may be for value or otherwise;
    13. “Value Period”shall mean the minimum time for which the application of the Advertiser is to remain alive on the mobile application device of the Customer after downloading from the Admobly,and prescribed by the application or by any other mode by the Publisher;
    14. “Business Partner” means the telecom companies, DTH Companies or companies/ agencies/ entities/ organizations etc. providing services capable of encashment of value under the EULA;
    15. “Technical requirements”shall include all those requirements, of both software and hardware, which shall be necessary for the access, download and use of the Admobly, as updated from time to time, and shall also include the requirements specified by Android Market Place operated by Google Inc. / Google Play Store and /or any other market site operated or controlled by Google Inc. or any third party;
    16. “Cash Coupon”shall mean to include electronic coupon (e-coupon) generated by the Admobly for encashment of value at the web portal khoobsurati.com or any other website/ portal nominated by the Publisher from time to time, non-redeemable in cash.
    17. “Friend” shall mean to include only one direct network added to Admobly by the Customer and no further, and which has been issued an independent and unique Customer ID;
    18. “Customer ID” means the automatic and system generated unique identification number issued and allotted to each customer upon successful registration with the Admobly.
    19. “Minimum Prescribed Activity (MPA)” means and includes all such minimum level of activity or incentive prescribed by the Publisher and earned by the Customer which qualifies the customer for incentive or value under this EULA
    20. “Host” hall mean Google Inc. / Google Play Store and /or any other market site operated or controlled by Google Inc. or any third party hosting the Application of the Publisher.
  2. 2. LICENSE

    Subject to the terms of this EULA, Harshit grants you a limited, non-exclusive, non-transferable and revocable license to use the application on any mobile device owned or controlled by You that can access the Android Market site operated by Google Inc. / Google Play Store and /or any other market site operated or controlled by Google Inc. or any third party hosting the Application.

  3. 3. APP MONEY

    1. The Publisher’s application “Admobly” shall be available for download from the Android Market Place operated by Google Inc. / Google Play Store and /or any other market site operated or controlled by Google Inc. or any third party on an Internet Compatible device and platform allowing the Customer to download the mobile Applications of the Advertiser as per the terms and conditions of Google play. 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 joining fees, if any, payable to the Publisher associated with such access. In addition, you must have all equipment necessary / hardware / compatible device(s) to access and download the Admobly as per the technical requirements specified by the Publisher.
    2. The Publisher may provide/ make available the applications of the Advertiser(s) for download from Admobly on the internet compatible device of the customer and may offer a value capable of encashment under the terms & conditions which shall accrue to the benefit of the Customer. No encashment shall be payable in cash.
    3. Service can be used by You subject to your adherence with the terms and conditions set forth below including relevant policies. Harshit 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 Publisher may introduce.
    4. The regarding encashment of value towards prepaid mobile/DTH recharge services, either to purchase prepaid mobile or DTH recharge (known as “Recharge”) or such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be) will be available and shall only be provided by the Business Partner, and the Publisher shall not be responsible towards the encashment thereof. Any dispute as to non-encashment shall be settled between the Customer and the Business Partner without any recourse to the Publisher. The encashment of value with the Business Partner shall be as per the business policies and guidelines of the Partner, and the Publisher shall have no control over the same.
    5. Encashment of Cash coupons generated by Admobly shall be non-transferable and capable of encashment as per the policy & terms of the web portal which shall be notified by the publisher by push-notification at the time of exercise of option by the Customer on the Admobly and/ or the website of the publisher. The Publisher after issuing a valid e-coupon shall have no responsibility towards the non-redemption thereof due to any reasons including any technical problems and it is clarified that no second e-coupon shall be issued after successful generation of the e-coupon at Admobly.
    6. For entitlement towards value and encashment thereof, the Customer shall be required to adhere to the “Value Period” as applicable to the various applications of different Advertisers, and no claim shall be entertained by the Publisher in non-compliance thereof, and the Customer shall only be entitled to the Value under EULA after the Value Period(s) prescribed for the Application(s).
    7. The value entitlement towards the incentive earned under the EULA shall be redeemable in favour of the Customer as per the policy prescribed by the Publisher from time to time, including and not limited to the time of encashment, mode of encashment and period of encashment notified either by push notifications or displaying the same on its website. The incentive on referral of the Admobly to a friend shall only be redeemable and shared from the on actual activity performed by the friend and not earlier, and only upon achieving the MPA by the friend as prescribed by the publisher from time to time.
    8. Harshit does not either provide mobile service or DTH Services and is only offering value for the applications of the Advertiser, and is also not a warrantor, insurer, or guarantor of the services of the Advertiser, and the customer shall not have any recourse against Harshit for any malfunctioning, breach of contract, deficiency in services by the Advertiser or its application(s). Any disputes regarding the mobile recharge/ DTH recharge/ performance of the applications, quality, minutes provided, cost, expiration, or other issues must be handled directly between You (Customer) and the Advertiser; and / or You and the Mobile Operator or DTH service provider.
    9. The Publisher before, and even after the initial registration of the Customer for the Admobly may require the Customer to provide any information and carry any verification by any mode whatsoever including multilevel verification(s) through phone no(s). Email verification(s) etc. and reserves its exclusive right to either deny registration or to cancel the registration at any time (even after the grant of registration and/ or performance of activity under the application) without assigning any reasons for the same.
    10. The benefits under the present agreement vis-à-vis any particular Advertiser Application (both monetary and otherwise) are only available against a device upon/ on which the application of the Advertiser has never been installed either through Admobly or any other source, and the customer unequivocally agrees and confirms that he/she/it shall not claim any benefits under the present agreement in the event the customer at any time prior or simultaneously with the installation of Admobly has downloaded / installed/ operationalized any of the Applications offered by the Advertiser(s) on Admobly on the said device again. To clarify, the benefits under the present agreement shall only be available for first time installations/ download of the Advertiser applications and not otherwise.
    11. The Customer hereby unequivocally agree and confirm that the payment of “value and/ or the incentive” under the present agreement is contingent upon the confirmation from the advertiser on the successful downloading of its application on the device of the customer, and in case the advertiser has stipulated minimum period for which the application shall remain active on the device of the customer, after the expiry of the said period. In case no confirmation is received from the advertiser for any reasons whatsoever including and not limited to technical issues; the Publisher shall not be liable for any incentive or value under the present agreement.
    12. You agree that the services under the present agreement are fully and completely dependent upon the terms and conditions, operations, activities, business of third parties including the host, and in the event the application “Admobly” is suspended / removed/ altered/ restricted in any manner either by the acts/ actions/ commissions/ omissions of the host or any party or by any other reason whatsoever, the Publisher shall not remain liable for any consequences whatsoever, and even for the performance of obligations under the present agreement.
  4. 4. MOBILE RECHARGE/ DTH RECHARGE:

    Harshit and/or the Harshit business partner reserve the right to charge and recover from the Customer, fees for availing the Services. These changes shall be effective from the time they are posted on to the Harshit Website or over the Harshit business partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the Harshit Website or check with the Harshit business partner channel through which you are availing the Service to review the current fees from time to time.

    Depending upon the Harshit 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 Harshit business partner or the channel over which the Service is being availed. Harshit assumes no responsibility and shall incur no liability if the Business Partner is unable to affect any Payment Instruction(s) owing to one or more circumstances.

  5. 5. USE OF SITE

    You understand that except for information, products or services clearly indicated as being supplied by the Harshit, we do not operate, control, or endorse any information, products or services on the Internet in any way whatsoever. You also understand that Harshit cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
  6. 6. GRANT OF A LIMITED USE LICENSE.

    Subject to your compliance with the Harshit Terms and this Agreement, Harshit hereby grants, and you hereby accept, a limited, non-exclusive license to:
    (a) install the Application on one mobile device owned by you or under your legitimate control; and
    (b) engage in non-commercial use of the Application. 
    All rights to use the Application are granted on the condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

  7. 7. USE OF THE APPLICATION.

    When you use the Application, you may connect to Harshit’s or its vendors’ servers.  Your communication with Harshit’s properties is governed by the Harshit Privacy Policy.  You consent to our use of data that you provide or that we may collect about you through the Application, in compliance with the Privacy Policy.

    As part of the Application, you may receive push notifications, text messages, MMS messages or other types of messages directly sent to you outside or inside the Application (collectively, "Push Messages").  You may control the Push Messages in your device’s or the Application’s settings.  Some of the Push Messages may be related to your location or to your use of the Application or Content.  Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance.  Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device.  Contact your carrier with questions regarding these issues.  You may discontinue Push Messages in your device’s or the Application’s settings or by deleting the Application.  We may collect information related to your use of Push Messages.  If you have registered for Push Messages, you agree to notify Harshit of any changes to your mobile number, as applicable, and update your account on the Application to reflect this change.

  8. 8. REFUND POLICY

    All Value and incentive earned under EULA are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number you purchase Recharge for and all charges that result from those purchases. Harshit is not responsible for any purchase of Recharge for an incorrect mobile number or DTH account number.

  9. 9. COMMUNICATION POLICY:

    1. By accepting the terms and conditions You accept that Harshit may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by You. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get / get after delay any alerts sent during such period.
    2. Harshit will make best efforts to provide the service and it shall be deemed that You have received the information sent from Harshit as an alert on the mobile phone number provided during the course of registration and Harshit shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold Harshit liable for non-availability of the service in any manner whatsoever.
    3. The customer acknowledges that the SMS service provided by Harshit is an additional facility and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, Harshit shall be immediately informed about the same by the customer and Harshit will make best possible efforts to rectify the error as early as possible. You shall not hold Harshit liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
    4. You acknowledge that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the business service provider. Harshit shall not be responsible for any non-delivery, delayed delivery or distortion of the alert or non availing of any benefits under the present EULA in any way whatsoever for the said reasons.
    5. The customer agrees to indemnify and hold harmless Harshit and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which Harshit and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of
      (i) misuse, improper or fraudulent information provided by the customer,
      (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party.
    6. By accepting the terms and conditions the customer acknowledges and agrees that Harshit may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback, collecting database, up-gradation of the services, resolution of complaints etc.
    7. The publisher reserves its complete, full, absolute and uncontrolled right to terminate, suspend, block any Customer ID associated with Admobly, without any prior information or notice, as and when the publisher founds / detects breach of the terms and conditions of “Prohibited Conduct” under the present EULA, and upon such termination, suspension etc. the publisher shall not be liable for encashment / redemption of any incentive or value associated or earned under the Customer ID;
  10. 10. MAINTENANCE, SUPPORT AND DEVELOPMENT.

    You acknowledge that while Harshit may provide maintenance and support for the Application from time to time and may also carry out development(s) and up-gradation in the Application from time to time which shall be available at the Google Play Store and / or any other market site, however, Harshit will have no obligation whatsoever towards You to provide any such services and / or may terminate such services at any time without notice. The publisher may be required to suspend, block, terminate, delay the services provided under the Admobly for carrying technical up gradations, improvements etc. any notional loss or damage caused due to it to any customer shall not be accountable against Harshit.

  11. 11. NO WARRANTY

    You agree that your use of the Application is at your sole risk, and the Application is provided on an "as is" and "as available" basis. Harshit, its suppliers and their respective affiliates expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

  12. 12. LIMITATION OF LIABILITY

    Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, some of the exclusions or limitations set forth below may not apply to you. You specifically agree that Harshit, its suppliers and their respective affiliates will not be liable to you for any indirect, incidental, special, consequential or exemplary damages , including damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if the party you are seeking damages against has been advised of the possibility of such damages), resulting from the use or inability to use the Application or in any way relating to the Application.

  13. 13. AVAILING SERVICE:

    The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of the Application of at least 18 years of age. All services are rendered by Harshit through its Application under the brand name ‘App Money’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Harshit (together with its subsidiaries and other affiliates, “us”, “We” or “Harshit”). Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. Harshit 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 at the website of Harshit from time to time to stay abreast of any changes that the Application may introduce.

  14. 14. SERVICE DELIVERY:

    You acknowledge that given the nature of Services under the Application, Harshit cannot guarantee that the Services under the application will be uninterrupted or error free, and warrants that it will provide the Services with reasonable care and skill. You also acknowledge that Harshit gives no warranty or representation that the Services under the Application will not be dependent upon factors and circumstances beyond its control. Harshit will endeavor to provide services under the Application uninterrupted timely, secure or error-free basis. You also understand that the services under the Application and the performance thereunder is directly dependent on technical factors, and in the event of any lapse or failure of technology, Harshit shall not be held responsible.

  15. 15. ELIGIBILITY:

    The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by Harshit. 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 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.

  16. 16. PROHIBITED CONDUCT:

    By using the Services you agree not to:
    • use the Services for any purposes other than the actions under the Application and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by Harshit;
    • 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 commit 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 thirteen (13) years old even with a parental sponsor and in accordance with applicable law;
    • post or transmit any message which is libelous, 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 Harshit;
    • 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 notwithstanding 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 notwithstanding 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, or 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 Harshit 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 Harshit reasonably believes to be potentially fraudulent funds;
    • use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Harshit, a third party or You;
    • use the Services in a manner that Harshit 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 Harshit to lose any of the Services from its service providers, Telcom companies, payment processors or other suppliers;
    • send automated request of any kind to the Site’s system without express permission in advance from Harshit.
    • Performing or carrying anomalous, spurious, abnormal activity by a Customer under any customer ID allotted / associated with Admobly;
    • Any activity thereby causing unreasonable gain to the customer and loss to the publisher
  17. 17. TERMINATION; AGREEMENT VIOLATIONS

    You agree that Harshit, 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. Harshit 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 Harshit 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 Harshit may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.

  18. 18. LIMITATION OF LIABILITY AND DAMAGES

    In no event will Harshit or its contractors, agents, licensors, partners, 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 Harshit or a Harshit authorized representative has been advised of the possibility of such damages. In no event will Harshit 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 Harshit, 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 Harshit 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 Harshit, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Harshit. Harshit 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, Harshit’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.

  19. 19. INDEMNIFICATION

    You agree to indemnify, save, and hold Harshit, 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. Harshit reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Harshit, including rights to settle, and you agree to cooperate with Harshit’s defense and settlement of these claims. Harshit 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.

  20. 20. DISCLAIMER; NO WARRANTIES

    To the fullest extent permissible pursuant to applicable law, Harshit 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 Harshit 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 “Harshit” includes Harshit’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that Harshit is a reseller of Mobile recharges and is not liable for any 3rd party (telcos & 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. Harshit, and its third party suppliers, licensors, and partners do not warrant that the data, Harshit 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. Harshit 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 Harshit 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.

  21. 21. OWNERSHIP; PROPRIETARY RIGHTS

    The Services and the Site are owned and operated by Harshit 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 Harshit (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 Harshit, all Materials, trademarks, service marks, and trade names contained on the Site are the property of Harshit and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Harshit 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 Harshit, 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. Harshit 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 customer service. Please note that by doing so, you hereby irrevocably assign to Harshit, and shall assign to Harshit, 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.

  22. 22. MODIFICATION OF THIS AGREEMENT

    Harshit reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site 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 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. For certain changes, Harshit may be required under applicable law to give you advance notice, and Harshit will comply with such requirements.

  23. 23. NOTICE

    Harshit may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to Harshit must be sent by courier or registered mail to Harshit Stores (P) Limited, B-30, 3rd Floor, Chandra Gupta Complex, Vikas Marg,Delhi - 110092, Delhi, India.

  24. 24. WAIVER

    The failure of Harshit 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 Harshit.

  25. 25. ARBITRATION

    Harshit 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 New Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or Harshit (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. 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.

  26. 26. 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 Harshit must be resolved by a court located 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 the laws of India, without giving effect to any principles of conflicts of law.

  27. 27. 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.

  28. 28. 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.

  29. 29. SURVIVAL

    Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

  30. 30. HEADINGS

    The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.

  31. 31. ENTIRE AGREEMENT

    This is the entire agreement between you and Harshit relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by Harshit in accordance with the terms of this Agreement.