Term & Conditions

TERM & CONDITIONS

Happiness Easy Life Services Pvt. Ltd. is an Information Technology company that among other information technology related services, offers an online platform available through a website and mobile apps for Android and iOS which is called HappyPesa. Happiness Easy Life Services Pvt. Ltd. And that of HappyPesa has its registered office situated at D-103, 2nd Floor, Okhla Industrial Area Phase – 1, New Delhi – 110020..

The relationship between the user (“you”, “your”) and Happiness Easy Life Services Pvt. Ltd. (“HappyPesa”, “we”) is governed by the Terms of Service (“ToS”) and the Privacy policy (collectively referred to as “Terms and Conditions”).

By your usage of the website, platform, mobile application, (“Platform”) it is implied that you have read and understood the ToS and the Privacy Policy of HappyPesa and agree to the same.

We offer you a bounty of services, including but not limited to services such as HappyPesa e-Wallet, mobile recharge, bill Payment, bus, railway and flight ticket booking, movie ticket booking and such other services (“Services”) as may be included in the Platform.

General:

Your access to the Platform shall be solely at the discretion of HappyPesa.

Your use of information provided on the website is solely at your own risk and it cannot be construed as professional advice.

On your usage of the Platform, you impliedly accept to all the provisions of the ToS.

For being a valid user you must satisfy the following conditions:

a.You are of legal age to form a binding contract with HappyPesa;

b. 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.

c.You hereby give consent to HappyPesa to collect KYC documents from PSUs and Government agencies on your behalf.

Suspension/Permination:

HappyPesa reserves the right to suspend/discontinue the Services to you at any time, for any reason, including, but not limited, to the following:

a. For commission of violation of any of the Indian laws through HappyPesa, existing at the time, including but not limited to, Criminal laws, Intellectual Property Laws and Cyber laws;

b. For any suspected violation or violation of the rules, regulations, orders, directions, notifications issued by any statutory authority from time to time or for any violation of the terms and conditions mentioned in this document;

c. For any suspected discrepancy in the particular(s), documentation or KYC (know your customer) enrolment form provided by you;

d. To combat potential fraud, use of abusive language, sabotage, willful destruction, threat to national security;

e. Force majeure;

f. If the same is due to technical failure, modification, upgrade, variation, relocation, repair, and/or maintenance due to any emergency or for any other technical reasons;

g. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations.

h. If HappyPesa believes, in its reasonable opinion, that cessation/ suspension is necessary.

Your Conduct On The Platform:

You hereby agree to act in conformity with the following terms:

a. If HappyPesa requests registration information from you, you will provide with true, accurate, current, and complete information.

b. You agree to log out from your accounts at the end of each session for your own security.

c. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying its web-sites/app or the Services.

d. Without limiting the foregoing, you agree to not use the Services offered through Platform to take any of the following actions.

Engage in any act which is obscene, offensive, indecent, racial, anti religious, anti-national, objectionable, defamatory, abusive, harass, stalk, threaten, or otherwise violate the legal right of others

Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content

Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, its web-sites/app, any software or hardware, or telecommunications equipment

Advertise or offer to sell any goods or services for any commercial purpose unless you have its written consent to do so

Transmit web-sites/app, services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters

Download any file, recompile or disassemble or otherwise affect its products that you know or reasonably should know cannot be legally obtained in such manner

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material

Collect or store personal information about other end users

Impersonate any person or entity, including, but not limited to, a representative of HappyPesa or falsely state or otherwise misrepresent your affiliation with a person or entity

Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Platform or related application or to manipulate your presence on the Site or related application available through authorised sources

Take any action that imposes an unreasonably or disproportionately large load on Our infrastructure/ network

Engage in any illegal activities

Unauthorized access to Platform or related application is a breach of these Terms and a violation of the law.

e. You agree not to access Platform by any means other than through the interface that is provided by HappyPesa for use in accessing Platform or related application

f. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of Platform or related application, except those automated means that HappyPesa have approved in advance and in writing.

Privacy And Intellectual Property Protection

HappyPesa's Privacy explains how we treat your personal data and protect your privacy when you use our Services. By using our services, you agree that HappyPesa 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 HappyPesa for all activities that occur under your account.

If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.

All trademarks, brands and service marks used in conjunction with the Services offered by HappyPesa and owned by HappyPesa shall be our property; HappyPesa 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 And Mobile App:

As some information appearing on the Website is provided to HappyPesa by third parties, HappyPesa 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:

a. Out of date;

b. Inaccurate;

c. Duplication;

d. Impersonation by a person to be another person.

All dealings and communication arising from HappyPesa's facilitation of interaction between Merchant and Holder will be between the Merchant and Holder only and HappyPesa 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.

HappyPesa is not an agent for any of the Third Parties/Merchants listed on this Website and HappyPesa has no responsibility for and no liability whatsoever in respect of the conduct of a Third Party/Merchant or quality of service provided by a Third Party/Merchant.

Disclaimer

The Service and the Website and its entire contents are provided on an 'as is' basis. HappyPesa 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.

HappyPesa 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 HappyPesa's or any other person's negligence or otherwise).

You and HappyPesa 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.

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.

Charges Applicable:

We reserve the right to levy any charges that may be applicable in view of the Services rendered to you. The fixing of any charges for each of the Services provided and the formula for arriving at the amount falls within the sole discretion of HappyPesa.

Appropriate taxes that may be applicable may be charged from you by HappyPesa or by any Third Party Service Provider

Amendent:

HappyPesa reserves the right to amend, modify, remove, include any terms, at any time, without giving any prior notice to you or any party.

Jurisdiction For Dispute Resolution:

All or any disputes arising between HappyPesa and you shall be referred to arbitration with a single arbitrator, which shall be conducted in New Delhi, India. The decision of the sole arbitrator so appointed shall be final and binding on the parties to dispute, and such arbitration proceedings shall be governed by Arbitration and Conciliation Act, 1996, which is in force.

Only the Courts, Tribunals or dispute redressed forums that are situated in New Delhi, shall have jurisdiction to decide upon any legal proceedings against HappyPesa.

Severability

If any provision of these ToS is, or is found to be, unenforceable under applicable laws, that will not affect the enforceability of the other provisions of these ToS.

Complaints

In case of any deficiency in services or if you face any difficulties in accessing the Services, Platform or if you have any other queries, feel free to contact us at the email address services@happypesa.com or call 91-11-49994111 during the normal business hours (9:30 AM to 6:30 PM) Monday to Friday.

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