These terms and conditions (“Terms”, “Agreement”) are an agreement between Mobile Application Developer (“Mobile Application Developer”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the OnePe mobile application and any of its products or services (collectively, “Mobile Application” or “Services”).
Terms and conditions
- OnePe is offering its users this application for their own personal use only, but users should be aware that they are not allowed to copy, or modify the application or any part thereof, or our trademarks in any way. Users are not allowed to attempt to extract the source code of the application, and the user should not try to translate the application into other languages or make derivative versions. The application itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, exclusively belong to us.
- You agree that you attained the majority under Indian Contract Act and accordingly capable of entering into this agreement and to use the Service. You agree that the services associated to OnePe mobile application are available only to and can only be used by, an individual who can form legally binding contracts under the applicable laws of India. The term individual shall not include individuals such as Company, partnership, trusts, Business entities, clubs, associations, NGO, organizations, governing bodies or other all fictitious legal creations. You agree that at any time if you disqualify as to the use of service under this agreement, you will immediately stop using OnePe application and other services associated with the same.
- You agree that you have read the terms of this agreement in full and have carefully evaluated the terms as specified in this agreement and understood the expose/rights/benefits and you are capable to enter into this agreement including the fact that the OnePe mobile application shall be reviewing all your information and shall be occupying substantial space in your mobile device and are not being prevented by any of the stipulation/arrangement prohibiting your entering into this instant agreement.
- That you shall not post/chat (including data/voice call) violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized by OnePe to create accounts on your behalf, OnePe prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to OnePe upon registration and at all other times including the information that has been tracked with the help of software, associated with the use of your mobile device by you only, will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You agree that If you provide any information that is untrue, inaccurate, not current or incomplete, or OnePe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OnePe has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- You agree that you will not solicit, collect or use the login credentials of other OnePe users. You further agree that you, at all times during the installation/use of OnePe application shall keep the necessary space in your mobile available.
- You are responsible for keeping your password secret and you are not induced by any of the associate of OnePe to purchase the mobile phone and you shall also not do the same accordingly with any of the third party.
- You shall not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and the employees/directors/associates/vendors of OnePe and in that eventuality, OnePe shall be having sole and final authority to terminate the registration/membership of the user and/or its known associates.
- You shall not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service, upon the said option being given
- You shall not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or OnePe .
- You agree that OnePe as an organisation through the services provided by OnePe including its mobile application, is not any speculative and/or any money making schemes and does in no way provide any assurance of attaining any short/quick money/gain. It is worth to mention that OnePe does not incentivize the users for clicking and viewing the ads displayed on the mobile device. It is clarified and accordingly agreed by you that the cashback through the OnePe account is not based upon the clicks on the advertisement and accordingly the user of OnePe account is not required to click on all or any of the advertisement and the user is free to opt to choose/see the advertisement based upon his/her needs and preferences.
- You shall not unauthorizedly access OnePe ’s private software/servers/host computers and other computer, computer system, computer network and shall in no way adversely affect the functioning of the OnePe application and other services. You shall not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You shall not inject content or code or otherwise alter or interfere with the way any OnePe page is rendered or displayed in a user”s mobile application or device.
- You shall not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any OnePe users.
- You shall not use domain names or web URLs of OnePe , in your username without prior written consent from OnePe and also shall not use/apply the name OnePe as your domain and/or URL.
- You shall not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. Notwithstanding anything stated in this agreement, it is clarified that the application OnePe is being developed and made available, only for genuine users, who wish to be benefited. Accordingly one person/user shall not be permitted to get himself registered with more than one registration. That in case any person was found getting himself registered with OnePe under various names/identities or was found obtaining several registrations, whether or not under different names but was found managing all the said accounts, OnePe shall be having sole and exclusive right to terminate all such accounts and the network created through the said account. Further in case of the instance as specified in this para, without prejudice to the other rights of OnePe , it shall be having all other rights to initiate legal action against such person for prosecution and to recovery of the money paid and also to forfeit the entire OnePe balance available in all such accounts.
- That it is felt in the interest of the account holder/user of OnePe account that he should have the required information about the participants at one level below to him and one level up to him in the entire network of people developed by the people for their interest, it is therefore, you by accepting to become the holder of OnePe account apart from accepting the terms of this agreement also do hereby give your unconditional and unequivocal acceptance of sharing your details with the persons one level up to you and one level below to you and you know and agree that you may be contacted by all those persons and also contact them only for the purposes of your gain via OnePe and for no other purpose.
- You/user agree and aware that there are certain things that OnePe will not take responsibility for, for the application not working at full functionality if users do not have access to Wi-Fi or mobile data, and users do not have any active internet connection and no mobile data left and the benefits to use the services are limited till the activation of your OnePe account and the termination of OnePe account for any reason, whatsoever, will disentitle you for any benefit associated with the use of OnePe account.
- Users may be charged by their mobile service provider, for the cost of data for the duration of the connection, while accessing the application, or other third party charges. While using the application, users accept responsibility and liability for any such charges, including roaming data charges if users use the application outside of their home territory (i.e. region or country) without turning off data roaming. If users are using a prepaid mobile connection for the device on which they are using the application, they accept liability for data spends while accessing the application. It is unconditionally and unequivocally agreed by the user that the user has been using the services of OnePe application for its benefit and after careful consideration of the benefits and exposure attached to the same and it is therefore for the use of mobile data and for the payment by user to his/her service provider, OnePe shall in no way be responsible and no claim citing the expenses towards mobile data, shall ever be raised by the user against OnePe and/or any of its directors/employees. The user further agree and undertake that it shall, during the terms of its association with OnePe mobile application, periodically review the use of mobile data and/or payment for the said use and the continuance with OnePe application by the user shall be termed/presumed the consent by the user for the incurring of such expenses, without any assurance of any return by OnePe in money terms.
- OnePe application is currently available on Android Play Store and may be available on other mobile platforms in future. OnePe may update the application at any point of time, and as a result thereof, the requirements for systems (and for any additional systems OnePe may decide to extend the availability of the application to) may change, and users shall need to download the updates, if you/user want to keep using the application. OnePe does not promise that it will always update the application so that it works with the Android version that users have installed on their device. However, you/users during the term of your use of the OnePe service including mobile application, shall always accept updates to the application as and when available to download and agree and understand that if the you/user do not download the updates, you may not be able to access the application or receive the offers and services provided by OnePe .
- OnePe shall under its sole discretion and under no legal mandate whatsoever, shall be free to stop providing its offers/services through the application and may terminate use of it at any point of time without giving prior notice of termination. Unless OnePe tells you otherwise, upon the termination of your account because of any reason whatsoever (you agree that the reason for termination of OnePe account shall not be open to challenge, as this being gracious service and no money is being charged from you the user) (a) the rights and benefits granted to you in these terms shall automatically end; (b) you must stop using the application, and (if needed and/or directed by OnePe accordingly) delete it from your device. It is further agreed by you that in case of breach on your part in adherence of the instructions from the side of OnePe , OnePe shall be free to take any action be that it be legal or otherwise including the blocking of your mobile device and/or escalation of the same to any authority.
- OnePe may contain links to other mobile applications or websites operated by third parties, and OnePe may monetize some of these links. Notwithstanding such advertisement programs, OnePe does not have any influence or control over any such Third Party mobile applications or websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents displayed thereon. You understand that, as OnePe is acting merely a facilitator, bridging the gap between the seller and the buyer, at no consideration from the buyer, by using and accessing this application, you may encounter content that may be deemed offensive, indecent, or objectionable and you agree to use the Services at your sole risk and that OnePe shall not have any liability to you for such content that may be found to be offensive, indecent, or objectionable.
- You unconditionally and unequivocally agree that if you/user uninstalls the OnePe application and it remains uninstalled for 15 calendar days OR in case of 15 days of inactivity, in other words, if you/user do not use or access mobile phone for at least once in 15 days then the you/user will be considered inactive and all cashback amount accumulated under OnePe Balance shall automatically expire. You further agree and understand that this instant clause is substantial to the operation and functioning of this OnePe application as such, in case of failure/gap on your part in remaining deactivate for a term equal to and/or more than 15 days, you shall be having no right to claim the said status thereafter and all such claims from your side shall be void ab-initio, being contrary to basic understanding.
- You hereby agree that OnePe shall place advertising and promotions at your mobile device, to assist you in your shopping activities and preferences, which may or may not be based upon your data/personal information/ habits and other online preferences. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- The OnePe name and logo are trademarks of OnePe , and may not be copied, imitated or used, in whole or in part, without the prior written permission of OnePe . In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of OnePe , and may not be copied, imitated or used, in whole or in part, without prior written permission from OnePe .
- Although it is OnePe intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, OnePe reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by OnePe , including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. OnePe will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
- The plans for using OnePe application shall be based/changed solely decided by the OnePe management. Further all benefits, if released by OnePe to the users of the OnePe mobile application, shall be subject to Income Tax Laws of India and appropriate tax shall be deducted.
- That OnePe shall at all times be well within its right to amend the reward plans and the user shall not be having any right to dispute the same and/or claim on the basis of any prior plan.
- That you vide agreeing to the terms of this agreement agree that you will not risk your income/resources/assets in furtherance of use of the OnePe mobile application and/or any other services provided by OnePe .
- Without prejudice to the rights under these Terms and Conditions, if you/user breach these terms and conditions in any manner, OnePe may take such action as deems appropriate to deal with such breach, by suspending your access to the application, prohibiting you from accessing our website, blocking your device using your device ID, IP address from accessing the application or website, contacting your service provider to request that they block your access to the application or website and/or take any legal action against you.
- You/User agree and acknowledge that while using or accessing OnePe application, and thereafter, you/user shall maintain confidentiality, and shall not disclose to any third party, the following: Any information concerning OnePe present or former customers, including their names and identities, their employees and representatives, business practices, as well as the information sought to be gathered, and actually gathered, in connection with the services provided by OnePe to its customers; Any and all information concerning OnePe employees and representatives, as well as any information designated orally or in writing as confidential by OnePe regarding OnePe’s sales methods, plans, and records, OnePe ’s collections on behalf of its customers, all written communications, training and marketing materials, and all other like documents not disseminated to the general public, including computer programs and printouts, as well as any other confidential information regarded by OnePe as a trade secret or otherwise protected from disclosure under applicable law and disclosure of any such confidential information by the User without consent of OnePe shall be treated as a breach of the terms of the agreement. The user may, in accordance with the foregoing, use such information solely as necessary in user”s work for OnePe .
- You/user understand and agree that any breach or threatened breach by User of the non-competition and non-disclosure provisions contained in this Agreement will cause OnePe substantial, irreparable harm which is difficult to measure and that OnePe , therefore, may obtain an injunction against such conduct and User consents thereto. This right is in addition to any other rights OnePe may have against User for breach of this Agreement. Therefore, whenever OnePe may apply for the restraining order or injunction against User for breaching or threatening to breach this Agreement as described above, User waives any notice to which User may be entitled and consents to such restraining order or injunction. In the event of any breach of this Agreement by User, User agrees to pay OnePe all losses and damages sustained as a result thereof, as well as court costs, attorney fees, and related expenses.
- You agree and understand that either party to this agreement may, at any time, terminate this Agreement for any reason or for no reason at all. However, each party shall continue to comply with any and all obligations of this Agreement that are intended to survive its termination or expiration. User understands that in the event of termination or expiration, User will not receive the OnePe account balance as shown in his/her account. OnePe and User shall deal with each other fairly and in good faith relative to this Agreement. OnePe may terminate User accounts without prior notice if any suspicious activity is found which come is the way of natural or intended functioning of OnePe . OnePe shall choose to terminate account(s) of any user(s) if found to be involved in promoting referral links on any public property along with communication that is spam or misleading in any manner. Termination of user accounts will be at sole discretion of OnePe .
- NOTWITHSTANDING anything stated in this agreement, you agree that OnePe shall be free and well within its rights to terminate/close the operation of OnePe mobile application and/or all the applications/services provided by OnePe .
- If any provision of the Terms and Conditions of this agreement is determined by any court or other competent authority in India or otherwise to be unlawful and/or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this agreement, but the legality and enforceability of the remainder of this agreement shall not be affected.
- In the event of any dispute arises out of or in connection with the installation/use of mobile application, validity, interpretation or implementation of this agreement, the Parties shall attempt in the first instance to resolve such dispute through online escalation matrix/ exchange of emails. If the dispute is not resolved in this manner then within 30 days from the date of failure of such discussion one party shall inform other party through a notice for referring the dispute to arbitration in accordance with The Arbitration and Conciliation Act, 1996 (as amended from time to time). The venue for the arbitration proceedings shall be at New Delhi, India or any other mutually agreeable place. The arbitration panel shall consist of sole arbitrator as appointed by OnePe . The cost of arbitration shall be shared equally by both the Parties. The award shall be enforceable in any court having jurisdiction, subject to the applicable Laws.
- That in view of the terms of this agreement, you have out of your own free will, unconditionally agreed to share your sensitive personal data/information including confidential information and accordingly permitted OnePe to take your sensitive personal data/information including confidential information. You further agree and confirm that sharing the sensitive personal data/information including confidential information with OnePe is an option of which you have wilfully availed and you are aware that you shall be having the right to withdraw your consent vide opting the termination of OnePe account. You further agree and confirm that your consenting to the terms of this agreement shall be termed as your consent to share your sensitive personal data/information including confidential information in terms of rule 5 of Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 as amended upto date and you shall waive all your right to dispute the said consent.
Acceptance of above terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
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