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These terms and conditions (“Terms of Use” / “Terms”) constitute a binding and enforceable contract between Umunthu System Private Limited, a private limited company having its registered office at 710, Trade Centre, Opposite MTNL Building, Bandra Kurla Complex, Bandra East Mumbai – 400051 (hereinafter referred to as “we”, “us”, “our”, “Company” or “Galgal”), and you, an end user (hereinafter referred to as “you”, “your”, “User”, “Customer”) in relation to the use of the website www.galgal.money and/or the mobile application ‘Galgal’ available at Android/ iOS platforms (collectively referred to as the “Online Platform”). You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms. Galgal and the User are collectively referred to as “Parties” and singularly referred to as “Party”.
Please read the Terms carefully prior to using, signing up or registering on our Online Platform or accessing/availing our Services. By signing-up to use the Online Platform, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By signing up to use the Online Platform, you represent that you have provided us with valid identifying information which may be used to verify your identity. Please note that we may restrict, suspend, or terminate your access at any time to the Online Platform if we believe you have breached these Terms. We may use certain technologies to monitor your activities on the Online Platform in accordance with our Privacy Policy.
We may modify these Terms or any other terms at any time by posting a revised version of the same on the Online Platform, and the amended version of these Terms shall become automatically binding upon you if you continue to avail the Services. The amended Terms will be applicable even if not accepted by you separately. You shall have the responsibility to review these Terms on a regular basis. If you do not wish to be bound by the updated Terms, we request you to stop accessing the Online Platform and the Services and to reach out to us to deactivate your User Account.
DEFINITIONS
For the purpose of these Terms, the following words and phrases shall have the meaning assigned to them hereunder.
“Applicable Law” includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognized stock exchange, as may be applicable.
“Confidential Information” means and includes the Intellectual Property and any and all business, technical and financial information of Galgal or of any of its affiliates that is related to any of the arrangements contemplated in these Terms or any other document in which these Terms are incorporated by reference or otherwise disclosed by Galgal to the User any information which relates to its financial and/or business operations, including but not limited to, specifications, models, merchant lists/information samples, reports, forecasts, current or historical data, computer programs or documentation and all other technical, financial or business data, information related to its internal management, customers, products, services, anticipated products/services, processes, financial condition, employees, merchants, Intellectual Property, marketing strategies, experimental work, trade secrets, business plans, business proposals, customer contract terms and conditions, and other valuable confidential information and materials that are customarily treated as confidential or proprietary, whether or not specifically identified as confidential or proprietary.
“Intellectual Property” shall mean all intellectual property used for the purpose of or in association with or in relation to the performance of these Terms, and includes without limitation, (a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, or in association with, or for the operation of the software installed by Galgal, (b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by Galgal during the course of its business and all depictions, derivations and representations graphics, images, content and the ‘look and feel’ of all of the above, (d) all information, data or material in whatever form, whether tangible or not, provided by Galgal to the User during the course of usage of the Online Platform; and (e) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques, improvement, utility model, procedures, designs, skills, technical information, notes, experimental results, service techniques, samples, specifications of the Services, labelling specifications, rights on software, and any other knowledge or know-how of any nature whatsoever.
“KYC” or “Know Your Customer” shall mean the process prescribed under the Applicable Law to collect and authenticate the User’s personal or business identification details before offering the Services to the User.
“RBI” means the Reserve Bank of India.
“Services” shall mean the services provided by Galgal to the Users utilizing the Online Platform including content, features, technologies or functions offered or made available on the Online Platform:
“Service Provider” shall mean any banking and/or non-banking entity with which Galgal has, directly or indirectly, executed an agreement for facilitating any Services to the Users in association with such entity.
1. ELIGIBILITY
By accepting these Terms, you hereby declare and confirm that:
2. ACCOUNT REGISTRATION
In order to access the Online Platform and its features, you will be required to create an account on the Online Platform by setting up a username and password which will be linked to your phone number and email address (“Account”). Galgal might require you to share information, including information pertaining to your identification in the process of creation of the Account. You agree that all information provided in this regard is complete, true, and accurate. You further agree and acknowledge that for undertaking any financial Service through the Online Platform, Galgal may undertake due diligence measurers and seek mandatory information required for KYC purpose, in accordance with the Applicable Law.
You agree that you shall implement reasonable measures to secure access to any device associated with the email address or phone number linked to your Account with the Online Platform and login or identifying credentials to access the Online Platform. You are responsible for maintaining the confidentiality of your username and password during the Account registration process. You agree to immediately notify Galgal of any disclosure or unauthorised use of your Account, or any other breach of security with respect to your Account.
You expressly agree and consent to be liable and accountable for all activities that take place through your Account. Galgal shall in no manner be held liable for any unauthorised actions through your Account due to unauthorised access including but not limited to hacking and security breaches. Galgal reserves, at its sole discretion, to suspend an Account if it is of the opinion that the Account is being accessed by an unauthorised party or against the interest of the Parties or public at large.
3. CONTENT
You agree and understand that all of the content accessed by you on the Online Platform is purely for informational purposes aimed to provide details and additional data about or in connection with the Online Platform and the Services.
4. ACCURACY OF INFORMATION
Although we may post information, material and content on the Online Platform based on reliable sources, we do not make any express or implied representation, warranty or guarantee as to the accuracy, validity, reliability or completeness of any such information. The features and services of the Online Platform are provided on an “as is” and “as available” basis. We make no representation or warranty about the validity, accuracy, correctness, reliability of any information provided on or through the Online Platform.
5. PLATFORM ACCESS
By using or accessing the Online Platform, you represent and warrant that:
i. you are accessing the Online Platform on your own initiative and are responsible for compliance with all local laws and regulations applicable to you;
ii. you are of the legal age to access the Online Platform;
iii. you are solely responsible for the user content and all activities that occur on or through your Account;
iv. you agree not to undertake activities which include but are not limited to infringing any proprietary rights, including but not limited to Intellectual Property, or Confidential Information, of Galgal or Service Provider; except as may be provided hereunder, copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works, renting, or licensing the Online Platform or any portion thereof;
v. caching unauthorized hypertext links to the Online Platform;
vi. uploading, posting, or transmitting any material that contains software viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
vii. undertaking any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
viii. use of data mining, robots, spiders, scrapers, crawlers, avatars or similar data gathering and extraction tools;
ix. making any back-up or archival copies of the Online Platform or any part thereof;
x. bypassing any measures used by us to prevent or restrict access to the Online Platform;
xi. using the Online Platform for any commercial purpose;
xii. violating the restrictions in any robot exclusion headers on the Online Platform or bypassing or circumventing other measures employed to prevent or limit access to the Online Platform;
xiii. deep-linking to any portion of the Online Platform (including, without limitation, the purchase path for any service) for any purpose without our express written permission;
xiv. ‘framing’, ‘mirroring’ or otherwise incorporating any part of the Online Platform into any other website without our prior written authorization;
xv. use the Online Platform in (i) any unlawful manner, (ii) for fraudulent or malicious activities, or (iii) in any manner inconsistent with these Terms or violate Applicable Laws in any manner.
6. SERVICES IN ASSOCIATION WITH THE SERVICE PROVIDER
Galgal may facilitate any Service to the User in association with the Service Provider. In order to use these Services, you may need to accept additional service specific terms and conditions and meet additional requirements.
a. PREPAID CARD
Galgal, in partnership with LivQuik Technology (India) Private Limited, provides for a prepaid card. It provides for an alternative to cash, easy reloading facility, spend tracking and many more features on the go. The detailed terms and condition for the prepaid card are available at Terms and Conditions – Livquik, https://quikwallet.com/ppi/grievance-policy/. The said terms & conditions shall be read in conjunction and form part & parcel of these Terms.
Surcharge of 1.00% + GST will be charged on fuel transactions and any other merchant-initiated surcharging will be billed on actuals.
7. INTELLECTUAL PROPERTY
All rights, title, and interest in and to the Online Platform, including all Intellectual Property rights arising out of the Online Platform, are owned by or otherwise licensed to Galgal. Subject to your compliance with these Terms, Galgal grants you a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Online Platform in accordance with the Terms.
Except as expressly authorized by Galgal, the User agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Galgal’s Intellectual Property. User do not accrue any rights or interest in Galgal’s Intellectual Property and use of any Intellectual Property by User shall be strictly in for the fulfillment of and in compliance with the Terms. User undertake that it shall not, nor will it allow others to, reverse engineer or disassemble any parts of Galgal’s Intellectual Property.
Galgal may request you to submit suggestions and other feedback, including bug reports, relating to the Online Platform from time to time (“Feedback”). Galgal may freely use, copy, disclose, create derivative works on, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your Intellectual Property rights. Galgal shall be at liberty to make changes/updates to the Online Platform as may be required and Galgal shall have all such rights as mentioned under this section on the additions/modifications.
You represent and warrant that:
i. you shall use the Intellectual Property solely for discharge of your duties for the usage of the Online Platform;
ii. you shall use Intellectual Property of Galgal only in the form and manner stipulated by Galgal;
iii. you shall seek prior written consent from Galgal for use of Galgal’s Intellectual Property which is not previously provided for by Galgal;
iv. you shall bring to Galgal’s notice all cases concerning Galgal’s Intellectual Property’s (a) infringement, (b) passing off, (c) registration, or (d) attempted registration;
v. you shall render to Galgal all assistance in connection with any matter pertaining to the protection of Galgal’s Intellectual Property whether in courts, before administrative agencies, or otherwise;
vi. you shall refrain from taking any action which shall or may impair Galgal’s right, title or interest in the Intellectual Property, or create any right, title or interest therein or thereto, adverse to that of Galgal;
vii. you shall not use or permit to be used the Intellectual Property by any unauthorized person, and
viii. you shall not misuse the Intellectual Property or use it together with any other mark or marks.
8. CONFIDENTIALITY
The User shall keep Confidential Information as confidential. The User confirms that it shall protect Confidential Information with such security, confidentiality and degree of utmost care as it would prudently apply to its own confidential information and use it solely in connection with the transaction to which the Confidential Information relates. The User acknowledges and agrees that it is aware of the sensitivity and secrecy involved in keeping such data/information and transaction records and shall ensure that neither the User nor its affiliates will do any act to violate the same. Confidential Information shall exclude any information:
i. which is already in the possession of the receiving Party and not subject to any other duty of confidentiality;
ii. that is at the date hereof, or subsequently becomes, public otherwise than by reason of a breach by the receiving Party of these Terms;
iii. Information that becomes legally available to the receiving Party and/or its affiliates or professional advisors on a non-confidential basis from any third party, the disclosure of which does not, to the knowledge of that Party, violate any contractual or legal obligation which such third party has to the other Party with respect to such information, and
iv. Information that is independently acquired or developed by the receiving Party.
Provided however, that Galgal may make the following disclosures for which no consent shall be required from the User:
i. Disclosures to its directors, officers, employees, affiliates/subsidiaries/group/holding companies, Service Providers and any employees thereof that it reasonable determines need to receive the Confidential Information;
ii. Disclosures to its legal and other professional advisers, instructed by it that it reasonably determines need to receive the Confidential Information; or
iii. Disclosures to any person to whom it is required by any Applicable Law or any applicable regulatory, supervisory, judicial or governmental order, to disclose such information, or at the request of any regulatory or supervisory or judicial or government authority.
9. COMMUNICATION POLICY
As part of the User’s usage of the Services, the User may receive notifications, offers, discounts and general information from Galgal via text messages or by emails, for the purpose of collecting Feedback regarding its Services. The User understands that receipt of non-service related communications can be deactivated from User Account settings or by sending mail to [email protected] and by ab-initio consents to receive such these communications. The User acknowledges that the SMS service provided by Galgal is an additional facility provided for the User’s convenience and that it may be susceptible to error, omission and/ or inaccuracy.
10. TERMINATION
Galgal reserve the right, in its sole and absolute discretion, to suspend or terminate your use of one or more Services, without notice and without liability to you or any third party, for any reason, including without limitation inactivity or violation of these Terms or other applicable policies we may publish from time to time. Any termination of the Services may also be effectuated through the Service Provider and Galgal shall not be held liable for the same. You agree and understand to abide all the terms & conditions stipulated under these Terms and of the Service Provider upon termination of the Services.
Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Galgal may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services of Galgal.
11. THIRD PARTY SERVICES AND LINKS
Our Services contain or may contain, links to third-party websites, applications, content, products, services and resources that are not under the control and do not form a part of the Services offered by the Galgal. We provide these links only for your convenience and Galgal makes no representation or warranty of any kind regarding its accuracy, reliability, effectiveness, or correctness and shall not be responsible or liable for any aspect of any such third-party services.
The User acknowledges sole responsibility for reading and understanding the Terms and Privacy Policy and assumes all risk that applies to their use of any third-party services. Further, the User acknowledges that the information may be transferred, stored or utilised by a third party, and you consent to such transfer and Galgal shall not be responsible for the security of such information.
12. INDEMNITY
You agree to indemnify and hold Galgal and its affiliates harmless against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses whatsoever which Galgal may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising due to any negligence/mistake/misconduct on your part or breach or non-compliance of any provision of these Terms by you or any person using your Account.
13. WARRANTY
You expressly acknowledge and agree that use of the Online Platform is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by Applicable Law, any Services performed or provided by Galgal provided “as is” and “as available”, with all faults and without warranty of any kind, and Galgal hereby disclaims all warranties and conditions with respect to any Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. You acknowledge that Galgal does not provide any banking services regulated by the RBI. Galgal does not warrant against interference with your enjoyment of the Online Platform, that the functions contained in, or Services performed or provided by, the Online Platform will meet your requirements, that the operation of the Galgal’s Services will be uninterrupted or error-free, or that defects in the Online Platform will be corrected. Should the Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
14. LIMITATION OF LIABILITY
In no event shall Galgal or any of its subsidiaries or affiliates be liable to you or any person for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the Services and functions of the Online Platform, even if s expressly advised of the possibility of such damages.
15. FORCE MAJEURE
If performance of the Services by Galgal is prevented, restricted, delayed or interfered with by reason of and including, but not limited to, labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware, trojan or other disruptive mechanisms, pandemic, epidemic, any event of hacking or illegal usage of the Online Platform, utility or communication failures, earthquakes, pandemic, lockdown, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Galgal and could not have been prevented by reasonable precautions, then Galgal shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by Galgal of its obligations herein or incur any legal liability on Galgal.
16. SEVERABILITY
In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.
17. ASSIGNMENT AND WAIVER
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you. We may assign, in whole or in part, the benefits or obligations hereunder. We may, at our discretion, provide an intimation of such assignment to you, which will be binding on the Parties to these Terms.
Unless otherwise expressly stated, the failure to exercise or delay in exercising a right or remedy under these Terms will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under these Terms will prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
18. NOTICES
Galgal may give all notices, requests, demands, and determinations to the User, under these Terms, via email, or may also deliver the notice by hand or by registered post to the address provided by the User.
However, the User should deliver all notices to Galgal under these Terms (other than routine operational communications), only through registered post or courier to the following address:
Umunthu System Private Limited
710, Trade Centre,
Opposite MTNL Building,
Bandra Kurla Complex,
Bandra East Mumbai – 400051
Further, the User also agrees to receive any future communication from Galgal via WhatsApp or text messages.
19. GOVERNING LAW AND DISPUTE RESOLUTION
Any issues and disputes arising out of these Terms & other policies including any other disputes involving you and the company shall be governed by and construed in accordance with the laws of India. The Parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the Parties shall submit themselves to binding arbitration to be conducted at Mumbai in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
20. CANCELLATION
Augmont Bullion on receipt of (i) the User purchase order, and (ii) confirmation from Galgal regarding receipt of payment of the applicable User charges and the purchase price through the prescribed payment instrument, will either (a) send the sale confirmation to concerned User, or (b) reject the User purchase order.
It is clarified that after sale confirmation by Augmont-Bullion, the User purchase order cannot be cancelled, revoked and/or suspended by the User for whatsoever reason. It is further clarified that the sale is made by Augmont-Bullion to User(s), and Galgal is only acting as an online platform/ intermediary (as defined under the Information Technology Act, 2000 and the Rules there under) to provide such services. At no time during the transaction does the title to the product or liabilities thereof attributable to Augmont-Bullion get transferred to Galgal.
21. REFUNDS
Refunds shall be applicable in the following cases:
Non Delivery
In the event that the redeemed products are not available for handover to its designated courier partners (and therefore to the User(s)) by the scheduled time, Augmont-Bullion shall cancel the User redemption order and credit the User’s GAP account.
Sale Back Transactions
Transfer by Augmont-Bullion to the User in case of sale back transactions will be done to User’s bank account in T+1 business days by Augmont-Bullion (where T is the date of confirmation by Augmont-Bullion regarding initiation of payment of the said amount to the User).
Cancellation
In case of cancellation of the transaction before acceptance of the User purchase order by Augmont Bullion, the refund will be initiated to the User’s bank account within T+7 business days by Galgal (where T is the date of confirmation by Galgal regarding initiation of refund of the said amount to the User).
In case of any grievances with respect to such services, the User may email or deliver any notice to the following:
Email: [email protected]