GENERAL

These terms and conditions shall govern the accessing and availing by You the Services as detailed below when You as an end user approach us or our retailers for the same. By accessing and using the Services, you as the End User agree to be bound by these terms and conditions of use, including any additional guidelines and/or future modifications to these terms and conditions ("Terms"). You agree and acknowledge that the access and use of the Services by You is voluntary and of Your own accord, and that the Terms shall be binding on you, for access and use of the Services, in India ("Territory"). Your access and use of the Services shall be subject to the applicable laws, rules and regulations in force in the Territory, and as may be amended from time to time ("Applicable Laws") Your act of accessing and using the Services, shall be deemed to be Your absolute agreement to these Terms and Privacy Policy (defined below) of Addpay Services Pvt Ltd as prescribed from time to time.

Platform Services

Company is inter-alia engaged in the business of providing digital /technological solutions to its customers in India through the Platform (as defined below) either directly or through its business partners such as Retail Partners (as defined below). The services include access to digital financial services provided by various service providers and non-financial products and services (“Platform Services”).

PRIVACY POLICY & DATA PROTECTION

Any personal information You supply to Addpay when using the Services will be used by Addpay in accordance with its privacy policy ("Privacy Policy") as available in the Website.

Retail Partners

Company is now desirous of appointing various retail-level business partners to assist Company (“Retail Partner(s)”) and to provide to such Retail Partners access to its Platform in accordance with the terms and conditions provided herein.

Verification Process

You have expressed your desire of engaging with Company as Retail Partner and in this regard have submitted RAF (as defined below) on this Platform and have also verified the information so provided (“Verification Process”).

Acceptance of these Terms and Conditions (“T&C”) and its revisions

You understand, agree and acknowledge that your engagement as Retail Partner and the use of this Platform, Website and/or Platform Services is conditioned upon the successful completion of Verification Process and Your acceptance of these T&C. These T&C are subject to change at any time without prior notice to You. To ensure that You are aware of the changes, please review this T&C and all the documents referred to hereunder periodically. Any new features or tools which are added to the current Platform shall also be subject to this T&C. In the event You are representing an incorporated entity, You hereby confirm that You have been expressly authorized by such entity to provide consent to this T&C and such entity agrees to be bound by the terms hereunder.

TERMS AND CONDITIONS FOR THE RETAILER PARTNERS

Definition and Interpretation

In these T&C, unless the context otherwise requires, capitalized terms defined by:

(i) inclusion in quotations and/ or parenthesis have the meanings so ascribed;
(ii) used herein and not defined in this T&C shall have the meaning ascribed to them in Company Rules and/or Website; and
(iii)the following terms shall have the meanings assigned to them herein below:
“Agreement” / “T&C” means these terms and conditions and all their modifications from time to time in accordance with the provisions contained herein, together with all schedules, annexures and exhibits hereto;
“Applicable Law” includes all applicable Indian statutes, enactments, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any Governmental Authority including Reserve Bank of India, as may be applicable and in each case, any implementing regulation or interpretation issued thereunder including any successor Applicable Law;
“Business” shall mean the business of carrying on business activities by provisions of electronic commerce, digital commerce either directly, indirectly, through collaboration to facilitate digital commerce in most efficient manner by means of technology application and/or facilitating dissemination of digital financial services to customers;
“Confidential Information means all information relating to the business, financial or other affairs (including future plans) of Company, Retail Partners, Consumers which is or may be treated by Company as confidential or is marked as or is by its nature confidential, including but not limited to all Intellectual Property belonging to Company, their affiliates or any other Retail Partners or BPs as the case may be, together with the existence and contents of this Agreement (including all Schedules), any ancillary documents and the negotiations relating to this Agreement;
“Competing Business” shall mean: Business; and/or consulting in the area of Business.
Upon successful completion of Verification Process and You agreeing to T&C by providing your consent by logging into the Addpay application or web portal You hereby agree to be engaged as a Retail Partner. As Retail Partner, Company will allow you to access Website and/or Platform

FEES AND EXPENDITURE

In consideration of Company making available the Platform, Website and /or Platform Services to Retail Partner, it shall Company shall also be entitled to receive/deduct any other service fee from Retail Partner for any services provided by the Company to Retail Partner as may be intimated by Company from time to time.
In addition to the limited right to use the available Platform, Website and /or Company Services and depending upon the nature of Services being provided by Retail Partner, Retail Partner may be entitled to commissions, discounts service fees or such other remuneration from Consumers and/or Company (collectively the “Retail Partner Service Fees”) as may be intimated by Company from time to time.
Retail Partner shall be responsible for payment of its own Taxes, of whatever nature, in respect of all sums payable by Company to Retail Partner under this Agreement.
In relation to certain Company Services, Retailer Partner may be required to maintain such security deposit as may be intimated by Company and/or BPs from time to time.

RIGHTS OF THE COMPANY

Suspension of Company Services by Company Retail Partner agrees and acknowledges that Company reserves the right to suspend and/or terminate the provision of Company Services if Retail Partner and/or BP has

CONDITIONS OF USE

The Website and the Services are not available to persons under the age of 18 or to anyone previously suspended or removed from the Services by Addpay. By accepting these Terms and/or by using the Website/Services, You represent that You are at least of the age of 18 years. The Website and the Services here under are currently made available to You for Your personal and non-commercial use. Addpay reserves the right to amend or withdraw the Website and the Services, provided to You in accordance with these Terms, at any time and for any reason. You acknowledge that the terms of agreement with Your respective telecom or internet service provider will continue to apply when using the Services. As a result, You may be charged by the respective telecom or internet service provider for access to network connection services for the duration of the connection while accessing the Website and the Services or any such third party charges as may arise. You accept responsibility for any such charges that arise, and shall not claim the same from Spice or dispute the same. If you are not the bill payer for the internet services provided by the telecom operator/internet service provider being used to access the Services, You will be assumed to have received permission from the bill payer for using the Services. You are solely responsible for your use of the Services. Addpay does not create, monitor, examine or inspect the content delivered to You through the Services, if any. Such content may include links to third-party websites and content. The linked content is not under Addpay’s control and Addpay is not responsible whatsoever for the content of any such linked content. The content does not represent or reflect any advice, views, opinions or beliefs of Addpay. You must only use the Services and anything available via the Services for lawful purposes (complying with all Applicable Laws), in a responsible manner, and not in a way that might damage Addpay’s name or reputation or that of any of Addpay’s affiliates or service providers. You agree and acknowledge that the use of the information delivered to You through the Services is Your sole responsibility and that Spice shall not at any time be held responsible for any unlawful usage of the information secured through the Services, by You.

CONDITIONS OF USE SPECIFIC TO THE SERVICES

You agree and acknowledge the following: You are solely responsible for entering the correct information (name, phone number, email address, home address, Date of Birth, Gender etc.); Addpay is not responsible for faulty internet connection or electricity failure or any other problem on Your side while availing the Services; Addpay shall not in any way be liable for any delay, disruption or defects in the online payment facility provided by any financial institution/bank/payment gateway service provider. You acknowledge that You assume all the risks involved in using the online payment facility provided by the financial institution/bank/payment gateway service providers and Spice shall not be in any way liable for any damage, loss, expense, liability or detriment caused (directly or indirectly) by a defect in said online payment facility. (b)Your account will be made inactive, in case there is no transaction from a consecutive period of 12 months and the same shall be re-activated only after due diligence.

Modifications and Interruption to Service

Addpay reserves the right to modify or discontinue the Service with or without notice to You. Addpay shall not be liable to You or any third party should Addpay exercise its right to modify or discontinue the Service. You acknowledge and accepts that Addpay does not guarantee continuous, uninterrupted or secure access to Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside the control of Addpay.

AVAILABILITY

Addpay will use reasonable efforts to make the Services available at all times. However You acknowledge the Services are provided over networks of internet service providers and dependent on them , so the quality and availability of the Services may be affected by factors outside of Addpay’s reasonable control. In the event the Services are unavailable to You for any factors not attributable to Addpay and due to any reasons attributable to any third party service provider, Addpay shall not be responsible for the same in any event whatsoever. You hereby agree and confirm that Addpay shall not be held liable for any unavailability or non-functionality of the Website or Services due to war, industrial action, flood, or act of God. You further agree and confirm that Addpay shall not be responsible for any disruption in the functionality of the Services and/or any unavailability in the Services, arising due to the internet service provider and/or any other third party, and/or any intermediary who may deliver the Services to You and that You shall not hold Spice liable for any of the same.

SYSTEM REQUIREMENTS

In order to access and use the Services, You are required to have a mobile, computer or laptop or any compatible device with internet connectivity. It is Your responsibility to ensure Your device meets all the necessary technical specifications to enable You to access and use the Services.

TERMINATION

Your appointment as Retail Partner will be valid unless terminated as per the terms of this T&C. Company shall have the right to terminate this Agreement and Your appointment as Retail Partner immediately upon the occurrence of an “Event of Default”. For purposes of this T&C, the term “Event of Default” shall have occurred if. Notwithstanding any remedies that may be available under any Applicable Law, Addpay may temporarily or permanently deny, limit, suspend, or terminate the Services provided to You, if Addpay believes that: (a) You have abused Your rights to use the Services; or (b) You are in breach of this Terms or Privacy Policy; or, (c) You have performed any act or omission that violates any Applicable Law, rules, or regulations; or, (d) You have performed any act or omission which is harmful or likely to be harmful to Addpay, or any other third party, including other users or suppliers of Addpay or the service providers; or, (e) You made use of the Services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or, (f) You made any confidential and/or proprietary information pertaining to the Addpay and/or the Services public without the prior written consent of Addpay. You agree that notwithstanding the termination, Addpay will continue to be entitled to use the information supplied by You or collected from You during the use and access of the Services by You

AMENDMENTS TO THE TERMS

Addpay may amend and modify this Terms from time to time, including any and all documents and policies incorporated thereto without any prior notice to You. You agree to be bound by any of the changes made in the Terms, including changes to any and all documents and policies incorporated thereto. Continuing to access and use the Services will indicate Your acceptance of the amended Terms. If You do not agree with any of the amended Terms, then You must avoid any further use and access of the Services. Spice advises You to periodically read these Terms, as it may change from time to time.