“Buyer” or “Consumer” or “You” means a consumer who downloads the Xygle Software on to his or her mobile device to use the service provided by YCash.
"Software” shall mean the YCash QR Code Generating Software Programme which shall be licensed by YCash to Merchants who shall, by virtue of such license be authorised to participate in the Virtual Shopping Framework developed by YCash and offer their products for sale to Buyers on such Virtual Shopping Framework by generating different QR codes for the products through the Software which can be displayed on any form of print or electronic media.
“YCash Mobile Application” or “Xygle” shall mean the YCash Mobile Application Software that shall be licensed by YCash to a Consumer when he downloads the said mobile application software on to his mobile device for the purpose of selecting, purchasing and making payment for a product of a participating Merchant by scanning the QR codes generated by such Merchants on the YCash Virtual Shopping Platform.
“YCash VSF” or “Service” shall mean the Virtual Shopping Framework created by YCash to facilitate a virtual shopping experience (i) for Merchants to sell their products to Consumers using QR codes generated with the Software and (ii) for Consumers to scan the QR codes and purchase the said products from Merchants using the Xygle and any authorised payment mode made available on VSF, including YPC Facility.
“Merchant” or “Retailer” or “Seller” means a retail trader to whom YCash has licensed the Software which will enable a Consumer to purchase the products of such Merchant or Retailer or Seller and make payment through one of the acceptable payment modes on VSF.
“QR Code” means Quick Response Code which is a two dimensional barcode having black patterns arranged in a square box format in a white background, which can be used for the purpose specified in a particular software programme.
Grant of License
- You acknowledge such rights and will not take any action to jeopardize, limit or interfere with YCash’s and/or its licensors’ rights to Xygle. The Xygle is not sold to you but merely licensed.
- You agree not to (i) copy, translate, publish or create derivative works of the Xygle (ii) resell, make any commercial use, modify, reverse engineer, decompile or disassemble the Software, or (iii) use the Xygle for illegal or fraudulent purposes.
- To be eligible for using our Service You must be 18 years of age or older and capable of entering into a legally binding contract. Your mobile phone should have a camera to scan the QR code of the products that You wish to purchase and should be capable of issuing payment instructions on VSF through any authorised/acceptable payment mode.
Services and Features of VSF
- By registering with VSF, You can scan the QR code of products of Merchants displayed in catalogues, bill boards, internet or any other form of print / electronic media, select and purchase the said products by issuing payment instructions through any authorised payment mode available on Xygle.
- As a registered user of VSF we will send information to you in the form of SMS/Emails about new services launched on VSF, promotions and offers currently running on VSF, and any other information about VSF and use of VSF at regular intervals. Should you wish not to receive such information please call YCash Customer Care and request 'Do Not Disturb' feature. Alternately, you can also send an email request to helpdesk email ID mentioned in YCash website.
Confidentiality of Information
- You acknowledge that (a) VSF contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) YCash owns all right, title, Intellectual Property Rights and interest in and to software, content, features, information and every other aspect of VSF.
- You are responsible for: 1) maintaining the confidentiality of Your username and password, 2) any and all transactions by persons that You give access to or that otherwise use such username or password, and 3) any and all consequences of use or misuse of Your username and password. You agree to notify us immediately of any unauthorized use of Your username or password or any other breach of security regarding Xygle or VSF of which You have knowledge, including loss of this mobile device.
- If Buyer is a business entity, Buyer agrees that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by Buyer with the authority to use the Service and legally bind Buyer. Buyer shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by Buyer, that access the Service using Buyer’s user name and password.
- You agree to comply with all applicable laws and regulations regarding the download, installation and/or use of Xygle & VSF on your mobile phone.
- You agree to hold harmless and indemnify YCash and its subsidiaries, affiliates, officers and employees from and against any claim, suit or action arising from or in any way related to your use of VSF or your violation of these Terms and Conditions.
Disclaimer/Limitation of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF VSF IS AT YOUR SOLE RISK. VSF IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YCash EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. b) YCash DOES NOT MAKE ANY WARRANTY (I) THAT VSF WILL MEET YOUR REQUIREMENTS OR IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (II) THAT VSF WILL BE ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF VSF, AND (IV) THAT ANY ERRORS IN VSF WILL BE CORRECTED. c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VSF IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YCash TOTAL LIABILITY SHALL ALWAYS BE LIMITED TO DIRECT, GENERAL DAMAGES NOT EXCEEDING THE VALUE OF THE CONCERNED TRANSACTION OR RS.100, WHICHEVER IS LESS AND THAT YCash SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
- YCash makes no warranty or representation, and bears no responsibility for and as regards: (i) the continued availability of any Merchant via VSF; or (ii) the goods and services purchased by you using VSF including their quality and quantity.
Limitations on the Use of Service
- We may establish general practices and limits concerning use of VSF, including without limitation individual or aggregate transaction limits on the rupee amount or number of payment transactions during any specified time period(s). We reserve the right to change, suspend or discontinue any aspect of VSF at any time, including hours of operation or availability of the Service or any VSF feature, without notice and without liability. We also reserve the right to impose limits on certain VSF features or restrict access to parts or all of VSF without notice and without liability. We may decline to process any payment transaction without prior notice to You or Merchant.
Suspension of Service
- You may terminate these Terms and Conditions at any time by permanently deleting Xygle in its entirety from Your mobile phone.
- YCash reserves the right to suspend or terminate this license without assigning any reasons or without prior notice. Notwithstanding the foregoing, if you are in breach of these Terms the license shall be terminated forthwith and your ability to access and use VSF / Xygle application may be disabled.
Liability for Defective Goods
- You agree that any recourse for dissatisfaction or problems with those goods will lie with the Merchant directly and not from YCash. Upon completion of any transaction using VSF, you acknowledge that the amounts remitted by you are in favour of the Merchant from whom you intend to procure or have procured goods. Therefore, your recourse shall be only to the Merchant and YCash shall not be liable to refund any amounts to you, including for reasons of any defective goods. However, YCash will, without being obliged to do so, cooperate with you and the merchant to facilitate any refund which may be lawfully due to you. The Merchant may at its sole discretion issue a refund of the amount paid for the defective goods or issue a replacement for the defective goods.
- Disputes shall be referred to binding arbitration at Bangalore by a sole arbitrator appointed by you and YCash jointly; if You fail to agree on a sole arbitrator, each shall appoint an arbitrator and the two arbitrators shall appoint the third. The proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996.
Comments and questions
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Xygle - Bumper Mania
- To be eligible, participants should make a purchase using Xygle, between 14th April ans 15th May, 2012
- This Scheme (hereinafter referred to as the “Scheme”) is promoted/organized by Y-Cash Software Solutions Pvt. Ltd. and eMudhra Consumer Services Ltd (hereinafter combined referred to as “eMudhra”). eMudhra in its absolute discretion reserves the right to add, alter, modify, change or vary all or any of these Terms & Conditions, wholly or in part, at anytime without giving any prior notice and the participant/contestant/winner agrees to abide by such additions, alterations, modifications and changes. If you do not agree to the terms mentioned herein you are not eligible to participate in the Scheme.
- To be eligible, participants should make a purchase using Xygle, between 14th April and 15th May, 2012.
- All Scheme terms and conditions apply.
- Offer is valid on first come first serve basis
- Offer is valid from 14th April 2012 to 15 May 2012(both days inclusive).
- This Scheme is valid within India alone.
- The visuals shown are indicative and may differ from the actual product. The images are for representation purpose only.
- eMudhra shall not be liable in any way for the products/goods being deficient or defective or damaged/lost in transit.
- Delivery will be made to the address specified by buyer when the buyer registers on the mobile phone.
- We take special care to endeavor that deliveries are made within the specified delivery period. It is the buyer’s responsibility to ensure that an appropriate person is available at the delivery address on the specified day to collect the product / gift / prize.
- The gifts/prizes on offer shall neither be transferable nor liable for exchange for cash or otherwise.
- All eMudhra employees, relatives, vendors, and/or the employees, relatives or vendors of its parent companies shall not be eligible to participate in the Program.
- eMudhra shall not be responsible for any postal delays, transit losses.
- eMudhra officials or its vendors engaged in the organization and management of the Program, including its directors, officers, partners, employees, consultants and agents are under no obligation to render any advice or service to any person in respect of the Program.
- No responsibility is accepted for late registration.
- Participation in the Program shall be construed as an acceptance of the Terms and Conditions stipulated herein. Any breach or default by a Participant of any of the Terms and Conditions herein shall result in immediate disqualification without notice.
- eMudhra reserves its absolute right to withdraw and/or alter any of the terms and conditions of this offer at any time without prior notice.
- Winners will be decided by the lucky draw which shall be final and binding upon the participants/winner.
- Winner agrees to his/her name being published in the newsletters and the website
- eMudhra shall not be liable for system/server failures. Neither can eMudhra be held responsible for the failure to fulfill the obligations of any of the third parties involved in the scheme
- eMudhra reserves the right without prior notice, to access, read preserve and/or disclose the personal information of the participant if the same is required for the limited purpose of scheme. OR as below:
- in order to comply with any court judgment/decree/order/directive,
- by any legal/government authority;
- by applicable law;
- By professional/legal advisers, directors, employees/agents/representatives of eMudhra in connection with these terms & Conditions or otherwise;
- For investigating potential violations of the terms herein or applicable national & international laws;
- for investigating deliberate damage to the Services or its legitimate operation;
- for detecting, preventing, or otherwise addressing security and/or technical issues,
- for responding to service support requests, or
- For protecting the rights, property or safety of eMudhra and/or its Directors, employees and the general public at large.
- eMudhra reserves the right to store and process the personal information provided by the participant/winner in India or any other country where eMudhra or its agents/representatives/group companies maintain storage and processing facilities and the participant by using the services herein consents to any such transfer of information outside India without prior notice.
- eMudhra reserves the right to change the timing/dates/hours/duration of the scheme without any prior intimation to the participants
- eMudhra will in no way be responsible for circumstances beyond its control, which hinder the completion of the scheme
- Prize winners are fully responsible for the taxes and levies on winnings as may be imposed by Central, State and Local government authorities from time to time
- The winners shall be required to produce the all documents as required by eMudhra to the satisfaction of eMudhra in order to claim the prize
- Originals of the documents should be made available to eMudhra for verification at any time before the prize is given, if so insisted upon by eMudhra.
- Only the winners shall be informed by eMudhra in such manner as may be decided by eMudhra from time to time. If informed via email, return of any email notification as undeliverable or failure by the winner/participant to reply as specified in the email within the time stated therein shall result in disqualification.
- The mode of delivery of the prizes, shall be conveyed to the winners, separately.
- Participants shall provide their PAN no, where ever needed, as the Winner(s) shall be liable to bear an amount equivalent to Tax Deducted at Source (TDS) as may be applicable from time to time. The prize is subject to Income Tax as per I.T. Act and any other applicable taxes as per prevailing income tax law
- Though eMudhra shall make every effort to declare the results of the contest on the due date/hour, it shall not be responsible for any delay in announcing the winner(s) due to any reasons beyond its control.
- In the event of any winner choosing not to accept a prize(s) or forfeit any and/or all claims qua the prize or if eMudhra is unable to reach/contact the winner, eMudhra shall have the absolute discretion to deal with such prize as it deems fit and/or select an alternative winner
- No correspondence will be entertained with regard to this Program and Lucky Draw
- Participants/winners may be required by eMudhra to participate in a photo, video and/or film session and acknowledge that eMudhra may use such publicity photos, videos and/or films in any medium and in any reasonable manner it may deem fit for the limited purpose of contest or as mentioned herein above
- eMudhra in its absolute discretion may publicize, upload, broadcast or otherwise disclose a participant’s/winner’s name, particulars, likeness, statements or any recording of their voice in advertising or promotional activities concerning this scheme, or generally. eMudhra may promote or advertise that a winner has won this Program.
- eMudhra shall not be responsible for any loss or damage suffered by the participants and winner while participating in the Scheme
- This offer cannot be clubbed with any other offer
- eMudhra in its absolute discretion reserves the right to add, alter, modify, change or vary all or any of these Terms & Conditions, wholly or in part, at anytime without giving any prior notice and the participant/winner agrees to abide by such additions, alterations, modifications and changes
- eMudhra reserves the right to extend or to cancel, or change the manner in which the Scheme is organized or discontinue or terminate the scheme at any time or to accept or reject any or all entries at their absolute discretion without giving any prior notice and without assigning any reason whatsoever.
- Failure by eMudhra to enforce any of these Terms & Conditions in any instance(s) shall not give rise to any claim by any person.
- Any attempt by a participant to deliberately damage or undermine the legitimate operation of the activity is a violation of Criminal and Civil Laws and should such an attempt be made, eMudhra reserves the right to seek damages from any such participant to the fullest extent permitted by law.
- All Participants and winners waive any and all rights of claim against eMudhra, with regard to this Scheme.
- Participation in this Program implies acceptance of all the terms & conditions herein.
- eMudhra shall conduct lucky draw to select the winners from amongst the participants. The decision of eMudhra in this matter will be final and binding and no questions, correspondence, enquiries, etc. on the manner of conduct of the lucky draw and the Contest itself from any party whatsoever will be entertained.
- eMudhra reserves the right to cancel any part or all of the prizes.
- Mere participation in this Program does not entitle you to win a Lucky Draw prize.
- All matters with respect to the Scheme are subject to the jurisdiction of the Courts at Bangalore only.
- Terms and Conditions of Xygle are applicable to the Contest.
- By subscribing to or using any of services/contest, Participants agree that they have read, understood and are bound by the terms and conditions set out herein.
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