Spice Digital Limited - Terms and Conditions


1. GENERAL

By accessing and using the Application (as defined below), you as the End User (as defined herein below) agree to be bound by these terms and conditions of use, including any additional guidelines and/or future modifications to these terms and conditions ("Terms"). You agree and acknowledge that the access and use of the Application by you is voluntary and of your own accord, and that the Terms shall be binding on you, for access and use of the Services (as defined below) for any purpose, in India ("Territory"). Your access and use of the Application shall be subject to the applicable laws, rules and regulations in force in the Territory, and as may be amended from time to time ("Applicable Laws") Your act of accessing and using the Application for any purpose, shall be deemed to be your absolute agreement to these Terms and Privacy Policy (defined below) of Spice Digital Limited ("Spice") as prescribed from time to time.

2. Application

The "Application" shall mean the software application provided by Spice and availed/accessed by you as end user ("End User") which allows you to use and avail the services of various service providers which are made available by Spice, through the Application to be availed/accessed on android platform based mobile devices of End User having internet facility. The services made available are prepaid mobile/data card/DTH recharge services, IRCTC e-ticketing services and deals and offers related thereto ("Services"). These Services are provided by various service providers {such as telecom operators in case of mobile/data card recharges, DTH operators in case of DTH recharges and Indian Railway Catering and Tourism Corporations (IRCTC) in case of railway e-ticketing services}. You agree and acknowledge that for availing the Services, you will be charged as per applicable rates of the service providers and the service charges of service providers as well as of Spice and also the payment gateway charges (non-refundable), as applicable from time to time. Before making any payment, you will be informed of the actual charges payable by you for availing the Services and in case you do not agree with such charges or you do not wish to proceed further, you should not make the payment and thus abandon the transaction. If you proceed further and make payment, it shall be considered your absolute acceptance and agreement with such charges.

3. DATA PROTECTION

Any personal information you supply to Spice Digital Limited when using the Services will be used by Spice in accordance with its privacy policy ("Privacy Policy"). Such Privacy Policy is available on the website of Spice at http://www.spicesafar.com/scomm/rechargeWeb/privacy-policy.jsp

4. PROPRIETARY RIGHTS AND LICENCE

4.1 All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application and Services, any name, mark or logo related to Spice and/or the Services are owned either directly by by service providers or by Spice or Spice's licensors. You should not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of these marks and logos. You agree and acknowledge that the access and use of the Services shall not be construed to confer on you any rights of any nature including rights in any form of intellectual property contained in the Services or related to Spice. If in the course of accessing and using the Services, you even unintentionally infringe the rights including rights in any form of intellectual property of service providers or Spice or Spice's licensors in the Services, you shall immediately cease and desist any such use.
4.2 You agree and confirm that you shall not at any time reveal or make public any and all proprietary and/or confidential information relating to Spice, its business, the Services, the service providers that you may gain access to during the course of accessing and using the Services. Except as expressly authorized by Spice, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content comprised in the Services, in whole or in part.

5. CONDITIONS OF USE

5.1.  The Application and the Services are not available to persons under the age of 18 or to anyone previously suspended or removed from the Services by Spice. By accepting these Terms and/or by using the Application/Services, you represent that you are at least of the age of 18 years.
5.2.  The Application and the Services there under are currently made available to you for your personal and non-commercial use. Spice reserves the right to amend or withdraw the Services, provided to you in accordance with these Terms, at any time and for any reason.
5.3.  You acknowledge that the terms of agreement with your respective telecom operator ('Mobile Provider') will continue to apply when using the Services As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Services or any such third party charges as may arise. You accept responsibility for any such charges that arise, and shall not claim the same from Spice or dispute the same.
5.4.  If you are not the bill payer for the mobile telephone or handheld device being used to access the Services, you will be assumed to have received permission from the bill payer for using the Services.
5.5.  You are solely responsible for your use of the Services. Spice does not create, monitor, examine or inspect the content delivered to you through the Services, if any. Such content may include links to third-party websites and content. The linked content is not under Spice's control and Spice is not responsible whatsoever for the content of any such linked content. The content does not represent or reflect any advice, views, opinions or beliefs of Spice.
5.6.  You must only use the Services and anything available via the Services for lawful purposes (complying with all Applicable Laws , in a responsible manner, and not in a way that might damage Spice's name or reputation or that of any of Spice's affiliates or service providers. You agree and acknowledge that the use of the information delivered to you through the Services is your sole responsibility and that Spice shall not at any time be held responsible for any unlawful usage of the information secured through the Services, by you.
5.7.  You may find advertising or other content delivered with the use of Services that link to the sites and mobile applications and services of Spice's partners, suppliers, advertisers, sponsors, licensors and other third parties and service providers. Spice does not control the content, advertisement or links that appear through the Services and are not responsible for the practices employed by those websites and mobile applications linked to or from the Services. In addition, these sites and mobile applications or services, including their content and links, may be constantly changing. These sites and mobile applications and services may have their own terms of use and customer service policies. Browsing and interaction on any other website, advertisements and mobile applications which have a link to the Services, is subject to that website's, advertisements and mobile applications' own terms and policies.
5.8.  You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
5.9.  You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
(j). shall not be false, inaccurate or misleading;

6. CONDITIONS OF USE SPECIFIC TO THE SERVICES

You agree and acknowledge the following:
(i) You are solely responsible for entering the correct information (phone number, recharge value, train details, date of journey, passenger details, etc.);
(ii) Spice is not responsible for faulty internet connection or electricity failure or any other problem on your side while using the payment options for availing the Services;
(iii) Spice shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization by the debit card/credit card/internet banking service provider for any transaction done by you through the Application for availing the Services.
(iv) Spice shall not in any way be liable for any delay, disruption or defects in the online payment facility provided by any financial institution/bank/payment gateway service provider. You acknowledge that you assume all the risks involved in using the online payment facility provided by the financial institution/bank/payment gateway service providers and Spice shall not be in any way liable for any damage, loss, expense, liability or detriment caused (directly or indirectly) by a defect in said online payment facility.
(v) You agree that by using the Services through the Application, you have agreed to pay, out of your own will and volition, any extra charges on account of getting the Service through the Application on your handheld mobile phone device.
(vi) As soon as you download the Application, a mobile wallet account for you will get created for the purpose of facilitating transactions under the Services. All your refund amount, if any and when applicable, shall be credited in your said mobile wallet account, unless you specifically request Spice to credit your refund amount to your debit/credit/netbanking account, in which case the said refund will be credited to your debit/credit/netbanking account.

7. CONDITIONS OF USE SPECIFIC TO IRCTC E-TICKETING SERVICES

You agree and acknowledge the following:
(i) You shall abide by the existing rules of Indian Railways and IRCTC for reservation and booking of railway e-tickets, available at their websites and the same shall apply to all such transactions along with special conditions imposed for internet/mobile application based booking from time to time.
(ii) The terms and conditions of service applicable on booking of e-tickets through IRCTC website apply Mutatis Mutandis on the e-tickets booked by you under the Services.
(iii) You acknowledge that IRCTC functions as an agent for Indian Railways and refunds are made by Indian Railways and credited to Your account by IRCTC as and when received from Indian Railways. Spice does not bear any liability for delay or non-payment of refund amount, by Indian Railways.
(iv) Spice and/or IRCTC will not be liable to pay any compensation if any error occurs due to any technical or manual fault at the end of the web server holder.

8. CONDITIONS OF USE SPECIFIC TO PREPAID MOBILE/DATA CARD/DTH RECHARGE SERVICES

You agree that while using the recharge services:
(i) In case you have paid but have not received the recharge of your mobile phone/data card/DTH, you will have to submit complete transaction details along with contact details to customer support at helpdesk@spicesafar.com. The matter will be resolved after cross checking with the concerned service provider of cellular/data card/DTH services, after which refund, if any, will be made as per applicable policy of concerned service provider. This process may take 21 days or longer depending on the response from the said service provider. Spice shall not be liable for late action in such a case;
(ii) Spice shall not be responsible for problem in recharge due to faulty internet connection, electricity failure or any kind of problem on the side of the End User during recharge process;
(iii) Spice is not liable for any changes in talk time value/recharge value and/or validity period by the service providers of cellular/data card/DTH services;
(iv) Spice is not liable for any problem while recharging. If the End User finds a problem with the recharge value of a recharge, the End User agrees to contact respective service provider's customer care department.

9. AVAILABILITY

9.1. These Services are available on handheld mobile devices based on android platform. Spice will use reasonable efforts to make the Services available at all times. However you acknowledge the Services are provided over mobile networks and dependent on the service providers of mobile, DTH and travel services, so the quality and availability of the Services may be affected by factors outside of Spice's reasonable control. In the event the Services are unavailable to you for any factors not attributable to Spice and due to any reasons attributable to any third party service provider, Spice shall not be responsible for the same in any event whatsoever.
9.2. Spice and the service providers do not accept any responsibility whatsoever for unavailability of the Services, or any difficulty or inability to access Application or any other communication system failure which may result in the Services being unavailable. To the extent permitted in law, you hereby agree and acknowledge that you shall not at any time institute any suit, claims, actions, proceedings, against Spice or the service providers for any reason relating to the unavailability of the Services.
9.3. You hereby agree and confirm that Spice or the service providers shall not be held liable for any unavailability or non-functionality of the Application or Services due to war, industrial action, flood, or act of God. You further agree and confirm that Spice shall not be responsible for any disruption in the functionality of the Services and/or any unavailability in the Services, arising due to the mobile network provider and/or any other third party, and/or any intermediary who may deliver the Services to you and that you shall not hold Spice liable for any of the same.

10. SYSTEM REQUIREMENTS

10.1. In order to access and use the Services, you are required to have a compatible mobile device based on android platform.
10.2. It is your responsibility to ensure your mobile device meets all the necessary technical specifications to enable you to access and use the Services.

11. TERMINATION

Notwithstanding any remedies that may be available under any Applicable Law, Spice may temporarily or permanently deny, limit, suspend, or terminate the Services provided to you, if Spice believes that:
(a) you have abused your rights to use the Services; or
(b) you are in breach of this Terms or Privacy Policy; or,
(c) you have performed any act or omission that violates any Applicable Law, rules, or regulations; or,
(d) you have performed any act or omission which is harmful or likely to be harmful to Spice, or any other third party, including other users or suppliers of Spice or the service providers; or,
(e) you made use of the Services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
(f) you made any confidential and/or proprietary information pertaining to the Spice and/or the Services public without the prior written consent of Spice. You agree that notwithstanding the termination, Spice will continue to be entitled to use the information supplied by you or collected from you during the use and access of the Services by you.

12. LIMITATION OF LIABILITY

SPICE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES WILL NOT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO ACCESS AND USE THE APPLICATION OR THE SERVICES, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT OR ERROR MADE BY SPICE'S STAFF, OR FROM YOUR RELIANCE ON CONTENT DELIVERED THROUGH THE SERVICES, OR FROM ANY COMMUNICATION WITH SPICE OR FROM ANY DENIAL OR CANCELLATION OF REQUEST FOR INFORMATION THROUGH THE SERVICES, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT THROUGH THE SERVICES, REGARDLESS OF WHETHER SPICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, AS DEEMED FIT BY SPICE IN ITS SOLE DISCRETION. WITHOUT PREJUDICE TO THE AFORESAID, IT IS HEREBY ACKNOWLEDGED BY THE END USER THAT THE AGGREGATE LIABILITY OF SPICE, FOR ANY REASONS WHATSOEVER, WILL NOT EXCEED RS. 100/- (RUPEES ONE HUNDRED ONLY) OR THE TOTAL COST PAID BY THE END USER IN THE PERIOD OF 12 (TWELVE) MONTHS PRIOR TO WHICH THE CLAIM AROSE, WHICHEVER IS LOWER.

13. DISCLAIMER OF WARRANTIES

13.1. EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS, SPICE EXPRESSLY DISCLAIMS ANY OTHER WARRANTY WITH RESPECT TO THE USE OF THE APPLICATION/SERVICES OR ANY CONTENT OR INFORMATION DELIVERED OR SENT THROUGH THE SERVICES TO YOU. THE SERVICES ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELIABILITY OF THE INFORMATION DELIVERED THROUGH THE SERVICES. SPICE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SERVICES. SPICE DOES NOT WARRANT OR GUARANTEE THAT THE USE OF THE SERVICES WILL NOT CAUSE ANY DAMAGES TO YOUR MOBILE PHONE OR TO ANY OTHER SERVICES PROVIDED TO YOUR MOBILE PHONE OR APPLICATIONS AND CONTENT THAT RESIDE ON YOUR MOBILE PHONE. YOU AGREE AND ACKNOWLEDGE THAT THE USE, AND ACCESS OF THE SERVICES IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
13.2. SPICE DOES NOT WARRANT OR GUARANTEE THAT THE APPLICATION AND SERVICES WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR FREE FROM ERRORS OR THAT THE SERVICES WILL BE IMMUNE FROM UNAUTHORIZED ACCESS.
13.3. SPICE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT YOU WILL FIND THE SERVICES SUITABLE FOR YOUR NEEDS. SPICE DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION YOU RECEIVE TO YOUR MOBILE DEVICES WILL BE FREE FROM TECHNICAL INACCURACIES.
13.4. SPICE CANNOT AND DOES NOT GUARANTEE THAT THE APPLICATION AND/OR SERVICES WILL BE FREE FROM VIRUSES AND/OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. IT IS YOUR RESPONSIBILITY TO IMPLEMENT APPROPRIATE SECURITY SAFEGUARDS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISY YOUR PARTICULAR REQUIREMENTS AS TO THE SAFETY AND RELIABILITY OF THE SYSTEM.
13.5. SPICE WILL BE ENTITLED TO USE, SUBJECT TO THE PRIVACY POLICY AS DEFINED ABOVE, ANY INFORMATION SUPPLIED BY YOU DURING THE COURSE OF ACCESSING AND USING THE SERVICES.

14. INDEMNIFICATION

You agree to indemnify and hold Spice, the licensors, business partners of Spice or the service providers and their respective officers, directors, shareholders, employees, sub-contractors, agents, parent companies, sister companies, subsidiaries and other affiliates, indemnified and harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Application or Services, any unauthorised use of the Application/Services by you, your violation of these Terms, or your violation of any rights including rights in any form of intellectual property of any third party and/or any violation of applicable law by you.

15. AMENDMENTS TO THE TERMS

Spice may amend and modify this Terms from time to time, including any and all documents and policies incorporated thereto without any prior notice to you. You agree to be bound by any of the changes made in the Terms, including changes to any and all documents and policies incorporated thereto. Continuing to access and use the Services will indicate your acceptance of the amended Terms. If you do not agree with any of the amended Terms, then you must avoid any further use and access of the Services. Spice advises you to periodically read these Terms, as it may change from time to time.

16. ENTIRE AGREEMENT

The "Terms" including the Privacy Policy constitutes the entire agreement between you and Spice and governs your access and use of the Services, superseding any prior agreements between you and Spice with respect to the Application and Services.

17. GOVERNING LAW AND JURISDICTION

17.1These Terms shall be governed by the laws of India. You and Spice agree to submit to the personal and exclusive jurisdiction of the courts of New Delhi. In case of any dispute or other matter arising in reference to the Terms and/or the Services, such dispute or other matter shall be referred to a sole arbitrator appointed by Spice and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be New Delhi, and shall be conducted in English language. All the costs, charges and expenses in connection to the arbitration shall be solely borne by the End User who raised the dispute.
17.2 Subject to the provisions of clause 17.1 above, the courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all the matters which the court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at New Delhi, India.

18. WAIVER AND SEVERABILITY OF TERMS

The failure of Spice to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

19. SURVIVAL

You agree and confirm that the indemnities, confidentiality obligations, limitation of liability, disclaimer of warranties, dispute resolution mechanism, shall survive the efflux of time.

20. RELATIONSHIP
You agree and acknowledge that your relationship with Spice is not a confidential, fiduciary or other special relationship.

21. GRIEVANCE REDRESSAL AND GRIEVANCE OFFICER

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are as under:

Grievance Officer:
Name: Prashant Sharma
Email Address: prashant.sharma @spicedigital.in; (with a copy to b2c.support@spicedigital.in)
Contract telephone number
Board: +91 120 3355131
Timing: 10:00 AM to 5:00PM from Monday to Friday except public holiday.

In case you have any complaints or grievance, you may either contact or write to the Grievance Officer on the contact details, as above with a copy to Legal Department at prashant.mishra1@spicedigital.in.

22. Please submit any questions you have about these Terms and/or Privacy Policy or any problems concerning the Service by email to helpdesk@spicesafar.com, by telephone on + 91 120 3355131 between the hours of 10 am to 5 pm, Monday to Friday, except public holiday or write to us at:

Spice Digital Limited,
S Global Knowledge Park,
19A & 19B, Sector 125,
NOIDA 201301,
Uttar Pradesh, India.

Kind Attention: Abhishek Rathore

Spice Digital Limited is a limited company, registered under the laws of India, having its registered office at 60-D, Street No. C-5, Sainik Farms, New Delhi 110063, India and corporate office at S Global Knowledge Park, 19 A and 19 B, Sector-125, Noida 201301.