RETAILER AGREEMENT
Please read the following Terms and Conditions of service that you are agree to, when you access this website (“www.justrechargenow.com”), a service offered by Worddss Infotech”/ Just Recharge Now”.
The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being as, an individual user, customer, Retailer or agent of this service of at least 18 years of age, and Worddss Infotech(Just Recharge Now!) having its registered office at 3rd Floor, Aditya City Center, Ashiyana-Digha Road, Patna-25, Bihar. All services are rendered by Just Recharge Now! through its various platforms regarding your use of our Services regarding Utility Bill payments, Money Transfer, E-recharge, travel Booking etc., loading and facilitating transaction of Semi Closed prepaid Wallet and other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as the case may be). All the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Just Recharge Now!. (Together with its subsidiaries and other affiliates, “us”, “We”, “Worddss Infotech “or JUST RECHARGE NOW!),
Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. We reserve the right, at its sole discretion, to revise, 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 “Site” may introduce RECITALS WHEREAS, JUST RECHARGE NOW! is in the business of providing above mentioned service that offers pre- paid and electronic payment instruments to mobile phone subscribers for purchasing services and for merchants to electronically accept payments and facilitate their movement of funds in India.
AND WHEREAS, the Retailer is engaged in trading, business or providing services, desires to avail the services of JUST RECHARGE NOW! pertaining to receive the payments from Customers or End users, and JUST RECHARGE NOW! has agreed to provide such services on certain terms & conditions, which have been described herein below.
SERVICES OF JUST RECHARGE NOW!
(i) the collections of Bills (further defined below), (ii) Booking services e.g. Air, Bus Rail ,Hotel, any Travel related services (iii) Kiosk Banking Services (through business correspondences banking) (iv) Domestic Money Transfer (v) Cash Card Sales & Reloading of Cash Cards, (vi) Distribution of Financial Services (vii) Collection of monies for vouchers exchangeable for tickets at specified cinema houses, transportation facilities, etc. (viii) Selling or Dispensing of Recharges, Top-up, DTH etc services..
The user can avail above services by various mode of transaction.-
POS
MPOS (mobile pos)
Web services
Using connecting portals of business affiliations of Just Recharge Now!.
Now this instrument witnesseth and it is hereby agreed by and between both the parties hereto as follows:
REPRESENTATIONS AND WARRANTIES
Retailer is an individual/company/firm/proprietary concern duly constituted and validly existing under Indian law. In case of individual as a Retailer, he / she is an Indian citizen. The Retailer holds necessary licenses, approvals and consents as may be required for the conduct of its business and such licenses, approvals and consents are valid and subsisting. The User / Retailer has, in terms of applicable law and its constitution documents, capacity to enter into and perform this Agreement and it has taken all actions required for its entering into this Agreement.
GENERAL OBLIGATIONS OF THE USER
The use of this website and the content contained therein is governed by the following Terms of Use. When you use this site you acknowledge that you have read the Terms of Use of Just Recharge Now! website and that you agree & accept and will be bound by the terms and conditions hereof in this agreement if you do not agree to or wish to be bound by the terms of use, you may not access or otherwise use the web site.
The User agrees and confirms that user is not minor person & has completed 18 years of age to be eligible to use online services of Just Recharge Now!. The User agrees and confirms that KYC documents provided for availing service of Just Recharge Now! for business purpose is valid as per the governing law of India.
The User agrees to collect relevant & proper KYC documents from consumers, before providing any service to user which are mandatory by Just Recharge Now!. The User agrees to keep secure and
Confidential details of consumer KYC and also agrees to provide same to Just Recharge Now!, as and when require.
The User agrees and confirms to keep secure the passwords and user id provided by Just Recharge Now!, Just Recharge Now! will not be responsible for act arising from any Misuses or Hacking of user id and password provided to the user. User will be sole responsible for any loss by the attempt, committed loss for the same.
Retailer shall not provide any assurances, guarantees on the Transaction unless as stated by JUST RECHARGE NOW! .Retailer shall not provide any schemes, offers, discounts, lucky coupons involving JUST RECHARGE NOW! in whatsoever manner. Retailer shall provide true and correct documents, information to JUST RECHARGE NOW! as and when requested by JUST RECHARGE NOW!. It is hereby specifically agreed that the retailer shall keep his RDA Active in order to use the Payment Mechanism at JUST RECHARGE NOW!.
If JUST RECHARGE NOW! suspects that the Retailer has committed a breach of this Agreement or has acted dishonestly or fraud has been committed against JUST RECHARGE NOW!, or has in connivance with any other person done the same or assisted in the same, JUST RECHARGE NOW! shall be entitled to suspend payment under this Agreement to the Retailer.
JUST RECHARGE NOW! shall be, in relation to a Transaction, entitled at any time to refuse payment hereunder to Retailer or to seek immediate reimbursement from the retailer towards the amounts paid, if:
a.) the Customer disputes the Transaction for whatever reason;
b.) the Transaction is doubtful or erroneously executed by the Customer.
In case of any discrepancy in the ledger, every retailer shall inform the company within 3 working days from the date of transaction (event), post which the company shall hold no liability against the same.
In case of any discrepancy in the ledger, every distributor shall inform the company within 3 working days from the date of transaction (event), post which the company shall hold no liability against the same.
NO PARTNERSHIP AND RELATIONSHIP
Nothing in this Agreement shall be construed to create an association, trust, partnership, quasi- partnership or joint venture between the Parties or to impose a trust, partnership or quasi- partnership duty, obligation, or liability between the Parties except to the extent specifically contained herein. This Agreement is entered on Principal to Principal basis and the actions of either party shall not bind to the other party in any manner whatsoever.
ROLLING DEPOSIT ACCOUNT (RDA)
The User agrees to deposit, on the date of this Agreement, the sum with Just Recharge Now! , as an interest free security deposit or balance as rolling deposit for acquiring limits from the Just Recharge Now!, and all payment accepted by the User will be made from this limit. The User agrees not to accept without the prior permission of Just Recharge Now! any amounts from the Customer (in cash) which either by itself or when aggregated with all the Collected Amounts (in cash) exceeds the eligible Collection Limit.
CONSIDERATION
In consideration for the use of services by the Retailer, JUST RECHARGE NOW! shall be entitled to a commission as mutually agreed. JUST RECHARGE NOW! has the right to change the commission rate of the services & will be publish on website. The User agrees to follow the clause of Acceptance of Bills, User is not allowed to accept the part payment or any payment in advance unless the transaction is processed and system receipt is issued to Consumers. The User agrees to arrange the premises for the said outlet from where the User will operate the business; The Users shall employ staff, without liability to the Just Recharge Now!, which is necessary to run the business, day to day operations of the said outlet. The Retailer will bear cost as per local laws, labour laws, any laws abided by any authority to run the business, Just Recharge Now! will not have any liability whatsoever for the employee of the Users. The retailer shall bear all applicable taxes, including but not limited to Service Tax, TDS, or any other taxes, local or central, as applicable.
ACCOUNTS AND OTHER INFORMATION
The User agrees to keep accurate and separate records and accounts in respect of the Transactions (“Accounts”) in a secure and orderly manner. The User agrees to allow Just Recharge Now!, their representatives and auditors, access to the Premises to enable Just Recharge Now! and the compliance with this Agreement and to enable it to exercise its rights or perform its obligations under this Agreement including, to inspect and / or audit the user’s record of transaction.
LINKS TO THIRD PARTY WEB SITES / CONSOLIDATION
If you decide to access any of the third party sites linked to this Web site, you do so entirely at your own risk. Just Recharge Now! does not authorize any of its agents and franchises to consolidate or resell Just Recharge Now! products to sub-agents and/or other agents and franchises. If found all such bookings shall be treated as fraudulent and Just Recharge Now! has the right to cancel such bookings at its own discretion with no liability for any consequential loss or damage. Any consolidation or reselling of Just Recharge Now! products and services by Just Recharge Now! agents and franchises requires prior approval and permission of Just Recharge Now!.
CONTESTS AND INTERACTIONS
This Site may contain contests that require you to send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you participate. This Web site may contain links to Web sites operated by parties other than Just Recharge Now! Such hyperlinks are provided for reference only. Just Recharge Now! does not control such Web sites and is not responsible for their contents. Just Recharge Now!’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their service provider or operators.
AVAILABILITY
The products and services displayed on the Site may not be available for purchase in your particular City or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geographical location.
COMMISSION
Any Commission or Surcharge on Services are solely depends upon Our Providers and may increase and decrease as per providers. We are not responsible for any commission or surcharge changes on portal and no refund would be provided if commission or surcharge changes on website.
TRANSMITTED MATERIAL
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card/debit card/ payment gateway information) is encrypted (send in code). Sending a message to Just Recharge Now! does not cause Just Recharge Now! to have any special responsibility to you.
CONFIDENTIALITY
Neither JUST RECHARGE NOW! nor retailer shall use for its own purposes or disclose before or after the termination of this Agreement to any person, company, firm or organization any secret or confidential information relating to the other party or to any third party which were obtained either directly or indirectly as a result of this Agreement, except as authorized by such party or as may be necessary in accordance with the Agreement. Retailer shall not do or cause to be done anything which may in any way:-
- Damage, jeopardize or otherwise prejudice the goodwill or reputation of JUST RECHARGE NOW! or adversely affect the reputation, brand name or image of the JUST RECHARGE NOW!
- Bring JUST RECHARGE NOW! into disrepute or disregard anywhere in the world.
OWNERSHIP RIGHTS
All materials provided on Just Recharge Now!’s Web site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the”Materials”), and the selection, arrangement and display thereof, are the copyrighted works of Just Recharge Now! and/or its services provider, vendors or suppliers.
The materials on this site are provided on an “As Is” basis, without warranties of any kind either expressed or implied. Information, software, products, and services contained on this website, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Just Recharge Now!, Just Recharge Now! affiliates and their respective suppliers. All Materials herein and all Just Recharge Now!’s software are proprietary of Just Recharge Now! and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Just Recharge Now!.
LIMITATION ON LIABILITY
Just Recharge Now! is not the last-mile service provider to you and therefore it shall not be or deemed to be responsible for any lack or deficiency of services provided by any aggregator, service provider, operator etc,. Neither Just Recharge Now! nor any of its directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this Web site or any Just Recharge Now!’s product, or damages from the use of or reliance on the information present on this Web site.
Just Recharge Now! does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction
JUST RECHARGE NOW! disclaims all warranties, express or implied, written or oral. The retailer acknowledges that JUST RECHARGE NOW!’s services may not be uninterrupted or error free. JUST RECHARGE NOW! does not warrant that mobile, telecommunication services shall remain uninterrupted. The JUST RECHARGE NOW!’s sole obligation and the retailers ’s sole and exclusive remedy in the event of interruption to the services and/or access to the Payment Mechanism, shall be to use all reasonable endeavors to restore the services and/or access to the Payment Mechanism as soon as reasonably possible.
Without prejudice to any other provision of this Agreement, JUST RECHARGE NOW! does not warrant that:
The Payment Mechanism will be provided uninterrupted or free from errors or that any identified defect will be corrected; or
Is free from any virus or other malicious, destructive or corrupting code, program or macro.
For the avoidance of doubt, in no event shall JUST RECHARGE NOW! be liable to the retailer or any other third party for any of the following:
amounts due from Customer;
any applicable taxes and Government levies.
INDEMNIFICATION
Retailer shall indemnify, defend and hold harmless JUST RECHARGE NOW! against and in respect of any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including without limitation, interest, penalties, and reasonable attorney’s fees that JUST RECHARGE NOW! shall incur or suffer, which arise, result from or relate to any breach of or failure by the retailer to perform any services, representation, warranty, Agreement and breach of laws
and/or any conditions in the regulations. Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the Parties and shall survive termination of this Agreement.
SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
AMENDMENT TO USER TERMS & CONDITIONS
Just Recharge Now! reserves right to amend, modify, update or delete the terms and conditions from time to time, without any prior notification to users. If users do not adhere the terms and condition changed by Just Recharge Now! must stop availing services of Just Recharge Now!. User’s continuous use of services will signifies the acceptance of changes in terms and conditions.
ARBITRATION
If a dispute arises in connection with the meaning of effect of any ARTICLES of this Agreement or the rights or liabilities of the Parties hereto hereunder, or any other question or dispute in any manner relating to this Agreement, the Parties shall attempt in the first instance to resolve such dispute through friendly consultations. If the dispute is not resolved in this manner within sixty
(60) days after one Party has served written notice on the other Party requesting commencement of such consultations, then either Party may refer the dispute to arbitration in accordance as set out below. The question or dispute shall be referred to arbitration under the provisions of Indian Arbitration and Conciliation Act, 1996.
The Parties shall appoint [1] arbitrator by mutual consent failing which in accordance with the provisions of the rules prescribed under the provisions of Indian Arbitration and Conciliation Act, 1996.
JURISDICTION
This Agreement shall be interpreted under and in pursuance to the laws of India. The Courts in Patna alone shall have exclusive jurisdiction arising out of this Agreement or otherwise between the parties to the present agreement, irrespective of any transaction partly arising outside the jurisdiction of, and no other Courts shall have jurisdiction.
