www.KPayasyougo.com (hereinafter referred to as “Website”) is owned by KPayInnovationPrivate Limited (hereinafter referred as ‘Company’). The Company is engaged in the business of pay-as-you-go technology platform that allows consumers to own/purchase any powered device by paying for it over time, as per their need and affordability, or use the product “as-a-service” __
The purpose of the website is to facilitate a visitor as well as a Registered user [Refer definition b and c respectively].to login into thewww.KPayinnovation.com (hereinafter referred to “KPay software application”) where the KPay software application allows customer to use and pay for any registered powered device over time, based on his needs and affordability, via mobile and digital payment gateways.
The Website helps the Visitor [refer definition 1(b)] to visit and access the information available on the Website viz., about the company, company’s impact, company’s solution and its contact details. The Visitor by registering (creating KPay account) and becoming Registered Users [refer definition 1(c)] can add money in their virtual KPay wallet [refer definition 1(e)]. After adding money to the KPay wallet the Registered user can recharge associated powered device according to the recharge amount (hereinafter referred to as ‘Services’).
These Terms and Conditions constitute a binding legal agreement between the Owner and Visitor /Registered User/s; and govern legal rights, remedies, obligations and various other terms like limitations, jurisdiction, applicable law etc.
The Agreement between the Visitor or Registered User and the Website and KPay software application shall be subject to following Terms and Conditions: –
The terms wherever used shall unless contrary, carry the meaning as given under:
- “Visitor” means and includes any person who visits the Website and KPay software application to see the various Services available which are displayedA visitor who wants to use the Get Started, Contact/Get in touch and Join Us is required to provide personal information such as full name, mobile number, company name, designation, e-mail ID, nature of business, country and city, desired designation, upload resume and has the option to leave a message and click the I’m not a robot tab.
- “Registered User” means and includes any person are one who are registered/added by one who is above in hierarchy (e.g. Super admin can register/add Manufacturers & provide them login, similarly manufacturer can register/add owners & provide them login) who uses Login tab available on the Website by accessing and providing his/her/their required predefined details along with the payments. A Registered User has to provide some additional information including but not limited to GPS location, income details, ID proof, DOB Gender, Marital status, electricity uses, consent form, photo etc.
- “Powered Device” means any electrical/electronic/mechanical device and includes but not limited to TV, Fridge, water pump, electric vehicle, solar powered system, etc.
- “Recharge” means the recharge coupon which is generated & send to customer once the required amount is received against a particular device and includes a number of any length formed using any digits from 0 to 9.
- “Super Admin” means a profile which is top most in a given hierarchy who can add/update/delete Manufacturer, Owner, Distributor, Customer and add/update/delete Device types as well as devices
- “Manufacturer” means a profile who can add/update/delete Owner, Distributor, Customer and add/update/delete Devices. Further, one manufacturer can have multiple owners [Refer Definition ‘h’]
- “Owner” means a profile who can add/update/delete Distributor and Customer, add/update/delete Devices and Device Types and add / deduct money i.e. virtual currency to a selected Distributor [Ref Definition i]. Further, one owner can have multiple distributors [Refer Definition ‘i’]
- “Distributor” means a profile who can add/update/delete Customer, add money to either his account (from different payment gateway) or to a selected customer [Refer Definition j] and recharge the device to a selected Device. Further, one distributor can have multiple customers.
- “Customer” means a profile who can add money to distributor under whose hierarchy the customer profile is created, recharge the device to a selected Device and seek for support.
- “Virtual KPay Wallet” shall mean Once customer/distributor pays real money to distributor/owner, their Virtual wallet credited with same amount. By clicking on add money button in KPay application, it will be redirected to the payment page. Here customer/distributor can put their bank credentials to send money to the distributor/owner. Once money transferred to distributor/owner, his KPay wallet is credited with same amount.
- Eligibility, Registration and Termination:
The Website can be accessed by going onwww.kpayasyougo.comandafter clicking the Login button on the Website the Visitor/Registered User will be directed to the KPay software application at www.kpayinnovation.com. The Website and the KPay software application can be used/accessed only by persons who can form a legally binding contract under the Indian Contract Act, 1872. The Visitor may use the Website and shall have access to the information while a Visitor can also use the Get Started Tab and provide information such as full name, mobile number, company name, designation, e-mail ID, nature of business, country and city and has the option to leave a message and click the I’m not a robot tab. After filing the Get Started Tab the authorized team of the website owner will get in touch with the Visitor. The super admin/manufacturer/owner/distributor will create unique login credentials for the manufacturer/owner/distributor/customer who now becomes the Registered User. The super admin/manufacturer/owner/distributor will share the unique login details with the Registered User on its registered email or by sending SMS or over a telephonic call. The Registered User can then login in the KPay software application and provide some additional information(if the login creator has missed some information) including but not limited to GPS location, income details, ID proof, DOB Gender, Marital status, electricity uses, etc. The Registered User has the right to change the unique login credentials created by the super admin/manufacturer/owner/distributor.
The Registered User agrees that the Information provided by him/her/them at the time of registration is true, complete and correct and that any change in the Information will be updated to the super admin/manufacturer/owner/distributor with immediate effect of the change. If the Information details are found not to be true (wholly or partly), the super admin/manufacturer/owner/distributor has the right in its sole discretion to reject the registration and debar the Registered User from using the Services of the website and KPay software application and/or other affiliated Website/Websites without prior intimation whatsoever.
The super admin/manufacturer/owner/distributor reserves the right at its sole discretion to terminate, refuse, restrict or suspend any Registered User’s account at any time, for any reason, without notice, including when a Registered User fails to abide by these Terms and Conditions or any other policy or terms posted anywhere on the website and KPay software application.
The super admin/manufacturer/owner/distributor reserves the right at its sole discretion to terminate, refuse, restrict or suspend any Registered User’s account at any time if any Registered User-
- uploads pornographic contents/photos/videos/links on the website and KPay software application.
- uploads any detrimental or offensive contents/photos/videos/links or offensive comments/photos/videos/links pertaining to religion on the website and KPay software application.
- Any content that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable.
The Registered User or may be prohibited from creating a new account if he/she/they has/have been previously terminated as per the above-mentioned circumstances or for any other reason whatsoever objectionable by the Owner.If any Registered User misuses the details of any other Registered User, then the Owner reserves the right at its sole discretion to terminate that Registered User account and the owner reserves the right at its sole discretion to initiate appropriate legal action against the Registered User(s).
- Facilities for Visitors:
The facilities for user are as follows-
- Browse the website and KPay software application
- Understand about the owner, its impact, contact options, information about job openings.
- Contact the Owner
- See the job opening and apply for the same by providing predefined information and sharing the resume.
- Facilities for Registered Users:
The facilities for Registered Users are as follows-
- Login into the KPay software application.
- Add/edit/view the details provided while registering.
- Change the unique login credentials created by the super admin/manufacturer/owner/distributor.
- Add money to virtual KPay Wallet.
- Pay real money to the Owner.
- Recharge the powered device.
- Use of Contents and restrictions on Registered User:
The Visitor or Registered User agrees not to display, upload, modify, publish, transmit, update, share or otherwise make available on the website and KPay software application, any content and/or material that is unlawful, unsolicited including unsolicited messages, e-mails, and/or material which contains viruses, trojans, worms, files or software intended to interrupt, corrupt, destroy, limit the use, access or functionality of the KPay software application. The Visitor or Registered User also agrees not to display, upload, modify, publish, transmit, update, share or otherwise make available on the website and KPay software application, any content and/or material that is harmful, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, abusive, invasive of another person’s privacy, hateful or racially, ethnically objectionable, disparaging or relating to or encouraging money laundering or gambling etc.The Visitor or Registered User agrees not to display, upload, modify, publish, transmit, update, share or otherwise make available any content and/or material which is in violation of patents, trade mark, copyright or any other proprietary rights of other person/people.The Visitor or Registered User can only access the content available on the website and KPay software application only for his/her purpose and shall not copy/modify/broadcast/share the content on the website and KPay software application for anybody else.
- Notification Settings:
A Visitor or Registered User agrees to receive messages from KPAY by way of notifications with respect to recharge codes, reminders etc.
- Conduct of Visitor or Registered Users:
The Visitor or Registered Users accept and agree that he/she/they are entirely responsible for compliance of all the laws, rules or regulations etc. that applies to Visitor or Registered User’s use and/or access of the website and KPay software application or Services provide therein.
- Applicable laws and Jurisdiction:
These terms shall be governed, interpreted and construed in accordance with the laws of the Republic of India applicable from time to time. The website and KPay software application and the Visitor or Registered User agree to submit to the exclusive jurisdiction of courts located in Pune (M.S.) India for any claims, actions, demands, suits, disputes arising out of and/or in connection with Services provided by the Owner.
- Limitation of Liability:
To the fullest extent permissible by law, in no event shall the Owner or its employees, group companies or agents be liable for any direct, indirect, special, consequential damages or damages of any other kind incurred by the Visitor or Registered User or any third party arising out of the Visitor’s or Registered User’s access or use or inability to access or use the website and KPay software application and/or its Services. The Information and Services displayed through the website and KPay software application may include inaccuracies. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the website and KPay software application. The Owner shall not be held liable and/or responsible for any fake identity, fake calls, frauds caused through people through the help of the website and KPay software application. In any event, the Owner shall not be held liable for any loss or damage including without limitation, indirect or consequential loss or damage or any loss or damage whatsoever arising from loss of data arising out of, or in connection with, the use of the website and KPay software application.The Visitor or Registered User expressly agrees that the Owner shall not be responsible for the information posted and/or shared by the Visitor orRegistered User. The Visitor or Registered User expressly agrees that Owner shall not be responsible and/or liable for any threatening, defamatory, obscene, unlawful, harmful, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The Visitor or Registered User specifically agrees that the Owner shall not be held responsible and/or liable for any content/data sent using and/or included on / the website and KPay software application or Service by any third party/parties.
NOTWITHSTANDING anything contained herein, in any event, the liability of the, financial or otherwise, suffered to the Owner of the website and KPay software application shall be limited to the amount paid by the Registered User and shall not exceed the sale value.
Every effort is made to keep the website and KPay software application up and running smoothly. However, the Owner takes no responsibility for, and shall not be held liable for the website and KPay software application being temporarily unavailable due to technical issues beyond our control.
- Warranty and Indemnification:
The website and KPay software application are provided by the Owner, on “AS IS” and “AS AVAILABLE” basis without express or implied warranty or condition of any kind. The Visitor or Registered User shall use the website and KPay software application at his/her/their own risk. The website and KPay software application disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability. The details and/or information provided by the Owner make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website and KPay software application and/or the information contained on the website and KPay software application for any purpose. Any relation the Visitor or Registered Userplaces on such information are therefore strictly at their own risk.
The Visitor or Registered User agrees that the Owner shall not held responsible or held liable for any transaction between the Registered Userand third-party providers (including payment gateways etc.) of the website and KPay software application or Services provided therein. No advice or information whether oral or in writing received from the Registered Userof the website and KPay software application shall create any warranty on behalf of the Owner in this regard. The Registered User agrees and acknowledges that only it shall be eligible to receive recharge codes and add money in its virtual KPay wallet upon receipt of the payment in the Owners account. If in case the payment is failed and the money is debited from the Registered User’s account, then the Owner of the website and KPay software application shall not be held responsible.
The Registered Useragrees to indemnify, defend and hold harmless the Owner from any suits, claims, losses, fines, penalties, damages, liabilities, demands, expenses including, but not limited to, reasonable legal expenses and accounting fees arising out of and/or in connection with any violation and/or act and/or omission committed and/or alleged to be committed by the Registered User.
- Intellectual Property Rights:
The Visitor and Registered Useracknowledges and accepts that unless otherwise expressly stated, all the content on the website and KPay software application including, but not limited to, images, graphics, photos, sounds, music, videos, software, script, trade names, trademarks, logos, labels, service marks and/or any other proprietary marks are either owned by the Owner or licensed thereto. No information, content or portion uploaded on the website and KPay software application shall be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purposes not expressly permitted by Owner. It is the policy of the website and KPay software application and/or Owner to terminate in its sole discretion, accounts of Registered User orin appropriate circumstances found repeatedly infringing the rights of Owner including but not limited to rights relating to copyright, trademark or other intellectual property rights. The website and KPay software application, its Services and all the content is protected by copyright, trademark and other relevant laws of India. In case of any violation user or registered user is liable to appropriate legal action.
- Contact/Get in Touch:
Any Visitor can view the contact tab which provides the address office of the Company and also provides a Business Enquiry Form. Any visitor who wants to have any business enquire with the Owner shall provide information such as full name, mobile number, company name, designation, e-mail ID, nature of business, country and city and has the option to leave a message and click the I’m not a robot tab. After filing the Business Enquiry Form the authorized team of the owner will get in touch with the Visitor.
- Join Us:
AnyVisitor can use the Join Us tab at the website to see the current openings available with the Companyand interested visitors can contact us by providing predefined information in the Join Us tab. A Visitor provide information/details such as Name, Email Address, Mobile Number, desired designation and current location and also upload its resume. Upon receipt of such information, the owner shall contact the visitor if in case the visitor is shortlisted. The Visitor agrees that the information provided by him/her/them in the Join Us tab is true, complete and correct. If the information/details are found not to be true (wholly or partly), or the request if not found to be genuine then the Owner has the right in its sole discretion to initiate appropriate legal proceedings against such Visitor.