Term and Condition

TERMS AND CONDITIONS FOR APPOINTMENT AS RETAILER/DISTRIBUTOR/MASTER DISTRIBUTOR

These terms and conditions(Terms and Conditions) shall apply to and govern the commercial arrangement between Fajlka Industries(herein after referred as "Aepspe ) and the Retailer/Distributor/Master Distributor. These Terms and Conditions and any attachments hereto represent the entire agreement between Aepspe and the Retailer/Distributor/Master Distributor and no changes to the same are binding unless they are in writing and intimated by the authorized representative of Aepspe

"Aepspe" is a digital financial facilitation service provider, a company incorporated under the Companies Act, 2013 and having its registered office Ward No. 20, Hashmi Nagar, Azadi Colony Jhunjhunu (hereinafter referred to as the Company/Aepspe which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns).

OPERATION OF THE RETAIL /Distributor/Master Distributor OUTLET

1. During the Term, the Retailer/Distributor/Master Distributor shall render the services("Services") of Aepspe, by and through such of its officers, employees. agents, representatives and affiliates as it shall designate, from time to time.Notwithstanding anything contrary contained in these Terms and Conditions, Aepspe shall have the right at any time, to modify, alter and amend the lists of Services, including the manner, procedure, process in which the Retailer/Distributor/Master Distributor will be required to perform the Services and the Retailer/Distributor/Master Distributor shall be bound by all such modifications, alterations and amendments made by Aepspe

2. The Retailer/Distributor/Master Distributor shall only market, distribute sell or promote such
Aepspe Services as are permitted expressly by Aepspe.The Retailer/Distributor/Master Distributor shall not automatically have the right to market, sell, distribute, or promote any product or service that may be provided by other retail outlets, whether in the present or in the future. In the event of any addition to the Services, Aepspe may, at its sole discretion, intimate the Retailer/Distributor/Master Distributor that the Retailer/Distributor/Master Distributor is entitled to sell, market, distribute and promote such product or service.Aepspe shall also have the right to direct the Retailer/Distributor/Master Distributor to discontinue providing any of the Aepspe Services at the Retail Outlet without assigning any reason whatsoever.

3. Aepspe shall specify to the Retailer/Distributor/Master Distributor, the necessary infrastructure and equipment including but not limited to computer terminals, peripherals attachments, internet and broadband connectivity, mobile device and/or any such device with GPRS connectivity, HTML enabled, which is compatible enough to run Aepspe Software/Services etc. for effectively providing the Aepspe Services, which the Retailer/Distributor/Master Distributor shall acquire at its sole expense. In case of the MPOS Application, the Retailer/Distributor/Master Distributor shall be entitled to install the Aepspe Software on that particular mobile device and/or any such other device, which is proposed to be registered with Aepspe for availing Aepspe Services, and no other mobile/device of the Retailer/Distributor/Master Distributor shall have such Software installed unless registered under the terms and conditions of this Agreement Further, the Retailer/Distributor/Master Distributor shall prominently display the Aepspe signage, signboards, logos, etc at a prominent place in the Retail Outlet, strictly in accordance with the directions issued by Aepspe in this regard.

4. Upon satisfactory installation and operation of the necessary equipment and peripherals, Aepspe shall, subject to these Terms and Conditions, install the necessary software and other Aepspe Intellectual Property to enable the provision of the Services. All Services shall be provided solely through the portal of Aepspe or are recorded therein and no offline transactions are permitted and/or no such fake/false receipts should be issued by the Retailer/Distributor/Master Distributor for the willful fraud transaction done by the Retaller/Distributor/Master Distributor which are not transacted through Aepspe Software/portal.However, if any Retailer/Distributor/Master Distributor is found and/or discovered doing any such malicious/wrong/willful/fraudulent acts and/or offline transactions, it shall be liable and charged for such civil/penal and criminal acts by and under but not limited to the Indian Penal Code 1860 and Criminal Procedure Code 1973

5. The Retailer/Distributor/Master Distributor shall obtain all necessary license(s), permits and approvals for selling, distributing, marketing and promoting the Services from the Retail Outlet and shall bear all costs and incidental expenses incurred in this regard, including without limitation all fees for application, license fees, charges and taxes.

6. The Retailer/Distributor/Master Distributor shall keep the Retailer/Distributor/Master Distributor Outlet open for business during normal business hours, or aspermitted by law or such other time period as Aepspe may specify from time to time.

7. The Retailer/Distributor/Master Distributor shall ensure that the Retail Outlet is utilized for the purpose of rendering the Services in accordance with these Terms and Conditions. The Retailer/Distributor/Master Distributor shall further ensure that and shall not cause or permit

(a) any material that may not be made available to the public under applicable law, including without limitation any vulgar, obscene, pornographic, misleading, defamatory, libellous, offensive, derogatory, threatening, harassing, abusive or violent content, to be made available in the Retail Outlet or

(b) any activities that are proscribed under law or reasonably considered to be immoral or against public interest

8. Aepspe may, at its sole discretion and with or without consideration, provide training manuals, technology support, ongoing advice and assistance to the Retailer/Distributor/Master Distributor and designated employees of the Retailer/Distributor/Master Distributor, including, provision of brochures, pamphlets charts, signboards, signage and other materials for the purposes of advertisement, promotion and marketing the Services.Any materials supplied by Aepspe shall be utilized solely in relation to the provision of Services and the Retailer/Distributor/Master Distributor shall ensure that such materials are not utilized for any other purpose.

9. The Retailer/Distributor/Master Distributor shall not encroach/poach upon the areas of operation of other neighbouring Retailer/Distributor/Master Distributors appointed by Aepspe or act in any manner which will prejudice the business prospects of neighbouring Retailer/Distributor/Master Distributors appointed by Aepspe

10. In this Terms of Use, unless the contrary intention appears and/or the context otherwise requires, capitalised terms defined by: (i) inclusion in quotations and/ or parenthesis have the meanings so ascribed, and(ii) the following terms shall have the meanings assigned to them herein below:

DEFINITIONS AND INTERPRETATION

"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 including but not limited to Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial Services by Banks, Business Correspondent Guidelines issued by RBI from time to time, Payment & Settlement Systems Act, 2007, Payment & Settlement Systems Regulations, 2008, Policy Guidelines on Issuance and operation of Pre-paid Payment Instruments in India, and any other guideline in relation to pre-paid cards issued from time to time by Reserve Bank of India and in each case, any implementing regulation or interpretation issued thereunder including any successor Applicable Law.

"Applicant" shall mean You or any individual person above the age of[18(eighteen)] years, using an operational mobile phone connection, who applies either on his owner approaches Retail Partner at the Retail Outlet locations and/or such other locations, for availing the Company Services

"Company Rules" shall mean policies issued by the Company with respect to its strategic business partners, retail partners, distributors, Consumers including but not limited to the policy on the code of conduct and other sales and management policies as issued on the Website, Platform and/ or otherwise and amended from time to time

"Consumer shall mean an Applicant who upon submission of the CAF and upon completion of necessary formalities, is found to be eligible by Company as per guidelines issued by RBI (if any), to avail the Company Services and has opened a Membership Account.

"Governmental Authority" means any nation, state, sovereign, or government, any federal, regional, state, local or political subdivision and any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, constitutionally established and having jurisdiction over any of the parties(to the extent relevant to the transactions contemplated hereby) or the assets or operations of any of the foregoing or the transactions contemplated hereb.

"INR or "RS" means Indian Rupees, the lawful currency of the Republic of India.

"Intellectual Property" shall mean all intellectual property used for the purpose of or in association with or in relation to providing the Company Services utilising the Platform and includes without limitation,

(a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, in association with or for the operation of the software installed by Company:

(b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by Company during the course of its business and all depictions, derivations and representations thereof,

(c) all promotional material including without limitation, advertisements, literature, graphics, images, content and the look and feel" of all of the above, and

(d) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques."Tax" or "Taxes" shall mean any and all taxes, GST, cess, levies, imposts, duties, charges, deposits, fees, deductions or withholdings that are, or that are to be.imposed, levied, collected, withheld or assessed, together with any and all interest, penalties, claims or other liabilities arising under or relatingDISTRIBUTOR

ACCEPTANCE AND APPOINTMENT AS RETAILER/DISTRIBUTOR/MASTER DISTRIBUTOR

11. These Terms and Conditions shall come into force from the date (Effective Date) of Retailer/Distributor/Master Distributor Application Form attached herewith.Within 30 (thirty) days from the date of acceptance by Retailer/Distributor/Master Distributor, the Retailer/Distributor/Master Distributor shall commence business in accordance with these Terms and Conditions

12. The Retailer/Distributor/Master Distributor acknowledges that it has read and understood these Terms and Conditions at the time of making an application to Aepspe for operation of a retail outlet to provide the Services(as defined herein) under the name and style of "Aepspe" and that it has had sufficient time to evaluate the financial requirements, equipment required to conduct the business, services applicable/ enable in his area of operation and risks associated with the establishment and operation of the retail outlet

13. During the Term and subject to these Terms and Conditions, Aepspe hereby appoints the Retailer/Distributor/Master Distributor and the Retailer/Distributor/Master Distributor hereby accepts the appointment as a Aepspe Retailer/Distributor/Master Distributor, to establish and operate a retail outlet at such address as specified in the Retailer/Distributor/Master Distributor application form attached herewith for the purpose of marketing, selling and providing the Services("Retail Outlet"). No changes to the address as mentioned in the Retailer/Distributor/Master Distributor Application form shall be permitted, except with the prior written consent from Aepspe whereas such consent shall be signed by the Authorized Representative of the level of Vice President or above

14. The appointment of the Retailer/Distributor/Master Distributor under these Terms and Conditions shall remain valid up to the termination(Term"). Aepspe may exercise its right of withdrawal by giving a notice in writing to the Retailer/Distributor/Master Distributor 1 (one) month prior to withdrawal unless any breach of this agreement by the Retailer/Distributor/Master Distributor

15. The Retailer/Distributor/Master Distributor may describe himself as an 'authorized Retailer/Distributor/Master Distributor of Aepspe, but must not hold [itself/himself] out as being entitled to bind Aepspe in any way. The Retailer/Distributor/Master Distributor shall not make, cause or permit, directly or indirectly. any description or projection of itself as a partner or employee or officer or representative of Aepspe 16. Aepspe is in the business of facilitating/distributing/marketing/providing of product(s)/service(s) of various service providers to enable them to expand the distribution networks for the services provided by them.

17. The Retailer/Distributor/Master Distributor has understood the business model and aware that Aepspe is just a facilitator and distributor of products and services and does not own such services or products by itself.Aepspe takes reasonable efforts to make available the services and products, however, shall not be liable and responsible for any deficiency of such services and products.Aepspe further also takes reasonable efforts to provide its best uninterrupted services at best quality; however, technological systems are prone to interruption for upgradation, maintenance, break down of either the systems of Aepspe or that of the Service Providers.The Retailer/Distributor/Master Distributor shall be managing his business considering such interruptions.

PAYMENTS AND COMMISSIONS

18. Non Refundable Registration Fees: The Retailer/Distributor/Master Distributor shall deposit such an amount ("Registration Fees") by way of a non-refundable registration fee as per commercial terms defined by Aepspe on or before the Effective Date.

Working Capital

19. The Retailer/Distributor/Master Distributor shall maintain and deposit with Aepspe working capital ("Working Capital") in a bank designated and intimated to the Retailer/Distributor/Master Distributor for this purpose ("Designated Bank) which will be an interest free deposit. The Working Capital limit may be increased from time to time by way of written intimation to the Retailer/Distributor/Master Distributor. The Retailer/Distributor/Master Distributor shall immediately deposit such further amounts to ensure that the Working Capital is maintained at the aforementioned amounts at all times.

Working Capital Limit

20. The Retaller/Distributor/Master Distributor shall be entitled to a credit limit equivalent to the Working Capital balance in the books of Aepspe ("Credit Limit").. The Retailer/Distributor/Master Distributor may enter into transactions up to the value of the existing Credit Limit. In the event the value of the transactions exceed the Credit Limit, all further transactions exceeding the Credit Limit shall automatically be blocked until the Credit Limit is sufficient to permit further transactions. In the event the Retailer/Distributor/Master Distributor desires to enter into transactions in excess of the Credit Limit, the Retailer/Distributor/Master Distributor shall deposit the amount either with the Distributor or Aepspe as the case may be to increase its Credit Limit accordingly. The Distributor/ Aepspe shall, at their sole discretion, permit enhancement of the Credit Limit. If the amount is deposited with the Distributor, the Retailer/Distributor/Master Distributor need to obtain proper receipt and the limit gets enhanced from the Distributor. Aepspe shall not be responsible for any liabilities in such an event

Commission

21. The Retailer/Distributor/Master Distributor shall be entitled to commission, which shall be adjusted on a daily basis/monthly basis/transaction basis, for the provision of the Services at a rate to be intimated by Aepspe to the Retailer/Distributor/Master Distributor from time to time through its portal, either by way of credit to the Working Capital or the Retailer/Distributor/Master Distributor may deduct the commission due to it, prior to depositing the proceeds of a transaction in the Current Account. The Retailer/Distributor/Master Distributor shall be regularly updated on the Rates of Commission through the Portal. Aepspe, at its sole discretion shall decide the sharing of Gross Margin with the Retailer/Distributor/Master Distributors and its decision will be final. It is presumed that the Retailer/Distributor/Master Distributor has agreed to such commission / margin before the transaction. Any dispute in this regards will not be admissible by Aepspe

Prices and discounts

22. All prices, charges, fees and discounts for all Aepspe Services shall be determined, and may from time to time be revised, by Aepspe at its sole discretion. The Retailer/Distributor/Master Distributor shall not collect cash from the customers by offering discounts on the Services which do not have Aepspe's sanction. The Retailer/Distributor/Master Distributor shall also not provide any incentives, subsidies or do any act/ omission or thing, which shall have the effect of providing incentives or subsidies on the Services. The Retailer/Distributor/Master Distributor acknowledges that Aepspe has the right to alter the prices or nullify any sales that have been entered in the portal.

Taxes

23. All current and/or future taxes or similar fees including without limitation GST, value added tax, service tax and other local or municipal taxes shall be payable by the Retailer/Distributor/Master Distributor. Such amounts shall not be retained by the Retailer/Distributor/Master Distributor while retaining its commission. Payments made to the Retailer/Distributor/Master Distributor shall be subject to such withholdings as prescribed under applicable law. Subject to the aforesaid, Aepspe assumes no responsibility for the tax compliance of the Retailer/Distributor/Master Distributor.

Costs

24. All costs and expenses for operation of Aepspe Kiosk including but not limiting to electricity, telephone, staff salary, traveling, promotional activities and other similar out-of-pocket expenses incurred in the performance of the Services shall be borne by the Retailer/Distributor/Master Distributor

Activity/Inactivity charges

25. A minimum monthly charges plus Taxes may be levied by Aepspe and the same shall be deducted from the Retailer/Distributor/Master Distributor's Working Capital balance. The Retailer/Distributor/Master Distributor hereby agrees and acknowledges to pay such charges as intimated to the Retailer/Distributor/Master Distributor from to time
Set off: Aepspe may, deduct sums due from the Retailer/Distributor/Master Distributor under these Terms and Conditions from any sums due to the Retaller/Distributor/Master Distributor under the same and the Retailer/Distributor/Master Distributor hereby consents to such set off being made by Aepspe

EMPLOYEES

26.The Retailer / Distributor / Master Distributor shall be solely responsible for all such personnel employed by it, including payment of wages, making of contributions under various labour laws, such as the Employees Provident Fund and Miscellaneous Provisions Act, 1952, the Employees State Insurance Act, 1948, etc.
   

   27.The Retailer / Distributor / Master Distributor acknowledges that it shall be responsible for all acts and comissions of its employees, subordinates, agents, aforesaid assignees or other personnel engaged by the Retailer / Distributor / Master Distributor.

      EXCLUSIVITY AND NON COMPETE
      

      28.During the continuation Term of this agreement, the Retailer / Distributor / Master Distributor shall not, directly or indirectly, through any other person, firm, corporation or other entity(whether as an officer, director, employee, partner, consultant, holder of equity or debt investment, lender or in any other manner or capacity)
      

      market, offer and / or perform services similar to that being developed, offered or sold by Aepspe; solicit, induce, encourage or attempt to induce or encourage any employee or consultant of Aepspe to terminate his or her employment or consulting relationship with Aepspe, or to breach any other obligation to Aepspe; (c)solicit, interfere with, disrupt, alter or attempt to disrupt or alter the relationship, contractual or otherwise, between Aepspe and any other person including, without limitation, any consultant, contractor, customer, potential customer, or supplier of Aepspe; or(d) engage in or participate in any business conducted under any name that shall be the same as or similar to the name of Aepspe or any trade name used by Aepspe.

      INTELLECTUAL PROPERTY

29.No license under any patents, copyrights, trademarks or any other intellectual property rights of Aepspe/ its affiliates / its Service Provider(s) / third party(ies) is granted to or conferred upon to the Retailer / Distributor / Master Distributor by virtue of being the Retailer / Distributor / Master Distributor of Aepspe.The Retailer / Distributor / Master Distributor shall not acquire any interest and right on the trademark(s), trade name(s), logo, etc.of other party including Aepspe by virtue of this Agreement and shall not use the logos, trademark of Aepspe / owner of intellectual property on including interalia the Retailer / Distributor / Master Distributor's Rubber stamps, letterheads, Visiting Cards, websites etc. and/or any such material in whatsoever manner.


30.The Retailer / Distributor / Master Distributor agrees to protect the logo, trade name and trademark of Aepspe and not use the same, in any unauthorised manner, whatsoever, including interalia as a tool for acknowledging payments accepted by the Retailer / Distributor / Master Distributor / his representative, thereby creating false impression about the authenticity of such acknowledgment / receipt.The Retailer / Distributor / Master Distributor hereby undertakes to indemnify, defend and hold Aepspe harmless for all loss(es) / damage(s) arising due to infringement of this clause.

           The Retailer / Distributor / Master Distributor is aware of the consequences, if at all, the Retailer/ Distributor / Master Distributor and/ or his representative are found in unauthorized use of Aepspe logo / trade name(s) in any manner, then strict action shall be taken against the Retailer/ Distributor / Master Distributor, including permanent deactivation of his Services, but not limited to any other legal action which Aepspe may deem fit and proper, under the provisions of law.

CONFIDENTIALITY AND SECURITY

31.The Retailer / Distributor / Master Distributor agrees that all information disclosed by Aepspe or which the Retailer/ Distributor / Master Distributor gets in the course of negotiating this Agreement is confidential in nature and hence cannot be disclosed. Each Party may disclose the existence of this Agreement, but agrees that the terms and conditions of this Agreement will be treated as Confidential Information; provided, however, that each Party may disclose the terms and conditions of this Agreement:

as required by any court or other governmental body.

(a) to legal counsel of the Parties; in confidence, to accountants, banks, and financing sources and their advisors;

(b) in connection with the enforcement of this Agreement or rights under this Agreement;

(c) in confidence, in connection with an actual or proposed merger, acquisition or similar transaction.

32.The Retailer / Distributor / Master Distributor also agrees that on and from the date of this Agreement all information, which the Retailer / Distributor / Master Distributor may obtain from Aepspe pursuant to this Agreement, shall be kept confidential by the Retailer / Distributor / Master Distributor and shall not be disclosed to any third party, save and except with the prior written consent of the Aepspe.

SECURITY OF CONFIDENTIAL USER INFORMATION

33.Security of POS User ID and Password: The Retailer/ Distributor / Master Distributor shall be solely, exclusively and absolutely responsible and liable for safe - guarding and / or securing the confidentiality of the user id and passwords relating to access of Aepspe Services and such other relevant information, in whatsoever name called pertaining to the Retailer / Distributor / Master Distributor / User Account of the Retailer / Distributor / Master Distributor.
 

  34.Unauthorized Access: The Retailer / Distributor / Master Distributor shall take all necessary precautions to prevent unauthorized and illegal use of Aepspe services and unauthorized access to the Retailer / Distributor / Master Distributor Accounts provided by Aepspe.The Retailer / Distributor / Master Distributor hereby agrees that Aepspe shall not be held liable and / or responsible for any wrong doings / misappropriation / misrepresentation / any leakage of passwords and for any liability arising due to insufficient security maintained by the Retailer / Distributor / Master Distributor with respect to the Retailer / Distributor / Master Distributor account.Aepspe shall take all commercially viable and / or reasonable care to, ensure the security of and to prevent unauthorized access, using commercially viable and reasonable technology available to Aepspe.

Fraud / fake transactions

35.Aepspe shall not be liable and / or responsible for any fraud/ fake transactions occurring from the Retailer/ Distributor / Master Distributor id by any third party.Aepspe takes utmost care for encryption of the Retailer / Distributor / Master Distributor's personal details. However, Aepspe cannot control the misuse of the sensitive information like password/s once it is handed over to the Retailer/Distributor/Master Distributor. Retailer/Distributor/Master Distributors shall be responsible to follow standard guidelines for securing their id/password for the Aepspe Software.

    (a) Fajlka Industries will not be responsible or liable for any wrong transaction done by the Retailer / Distributor / Master Distributor by using fake fingerprints or cloning fingerprints.
        

        (b) In case of any issue with the documents provided by the Retailer/ Distributor / Master Distributor, Fajlka Industries may collect OTP from the member to download the documents as KYC, if the member fails to do the KYC successfully, the member ID may be blocked.

(c)Retailer / Distributor / Master Distributor misbehaving or abusing with customer care, charges ranging from 100 to 10,000 can be imposed and ID can also be blocked

   WARRANTIES AND CONVENANTS OF THE RETAILER / DISTRIBUTOR / MASTER DISTRIBUTOR

36.The Retailer / Distributor / Master Distributor hereby warrants, covenants and undertakes that it shall

Promptly, effectively, efficiently and professionally sell, market, distribute and promote the Services and shall promptly respond to all inquiries by any customer or

potential customer in relation to the Services. at all times co-operate with Aepspe's representative(s) and promptly report to Aepspe any complaints or customer feedback relating to the Services which may come to the Retailer/Distributor/Master Distributor's attention. ) Conduct its operations in compliance with applicable law, these Terms and Conditions and all guidelines and instructions that may be provided by Aepspe from time to time.

) Promote Aepspe's business interests.

not do or omit, or cause to be done or omitted, any act, deed or thing, directly or indirectly which may potentially result in any damage to, loss of reputation of or any

loss to Aepspe in any manner whatsoever,

) employ sufficient number of personnel to provide the Services, who shall be adequately trained to provide the Services; Ensure all personnel employed by it comply with these Terms and Conditions and the Retailer / Distributor / Master Distributor shall be solely responsible for all acts/ omissions of such personnel.

    Not enter into any agreements with customers or any other third parties which are contrary to law or to these Terms and Conditions. ) adhere to and shall cause its employees, subordinates, agents, aforesaid assignees or other personnel engaged by the Retailer / Distributor / Master Distributor to provide the Services to adhere to the dress code and professional conduct and etiquette as prescribed by Aepspe from time to time; ensure that none of the Services are denied to any person or group of persons or to any customer save and except with the express written consent and/ or

instructions of Aepspe; not engage in any unfair or unethical trade or practice;

(1) not permit unauthorized persons entry into the Retail Outlet and shall, under no circumstance, permit any unauthorized person to access the computer/ server located at the Retail Outlet or access to information, material, accounts and records in relation to Aepspe.Services.
 (2) not permit any other person whosoever, to conduct any business, trade or profession of any nature at the Retail Outlet; and obtain and maintain all required necessary approvals, permits, waivers, consents, registrations and licenses from the relevant authority to perform all its obligations under these Terms and Conditions.

37.The Retailer / Distributor / Master Distributor agrees that it shall be solely liable and responsible for any seizure of instruments provided by Aepspe to it by any governmental authority for its actual or alleged illegal and unlawful act.
   

   38.The Retailer / Distributor / Master Distributor agrees that it shall be solely liable and responsible for taking any type of Insurance including but not limited to Cash handling / transit Insurance, in accordance to provide protection to Aepspe business accordingly from time to time.
      

      39.The Retailer / Distributor / Master Distributor agrees and undertakes to ensure that the contact details including phone number and / or any other credentials of the consumer / s which needs to be captured on Aepspe platform for acknowledging the transaction done at Aepspe network, should be genuinely of the customer and / or taken from the customer/ s and the Retailer / Distributor / Master Distributor shall not put his own or any fake / wrong credentials on behalf of customer / s, in any manner whatsoever.
             

             40.The Retailer / Distributor / Master Distributor also agrees that it shall during the Term of this Agreement, allow Aepspe and / or any other statutory authority / person of its management, auditors, regulators and / or agents the opportunity of inspecting, examining, auditing and / or taking copies of any records with the Retailer / Distributor / Master Distributor in relation to the performance of the Services by the Retailer / Distributor / Master Distributor.
             

             41.The Retailer / Distributor / Master Distributor shall co - operate with such internal or external auditors and/or as defined above to assure a prompt and accurate audit of the Retailer/Distributor/Master Distributor's records and data and shall also co-operate in good faith and in best efforts basis with Aepspe to correct any practices, which are found to be deficient as a result of any such audit within a reasonable time.

42. The Retailer/Distributor/Master Distributor shall perform its responsibilities under these Terms and Conditions diligently and shall strive to increase the sale of Aepspe Services to the best of its ability and shall always maintain a good relationship with the specified Distributor and the customers and shall maintain total transparency in relation to the same.

REPRESENTATIONS AND WARRANTIES

43. The Retailer/Distributor/Master Distributor represents and warrants that:

it has had a full and adequate opportunity to read and review this Agreement and to be thoroughly advised of the terms and conditions of this Agreement by an attorney or other personal representative, and has had sufficient time to evaluate and investigate the provision of Services under this Agreement and the financial requirements and risks associated with the same;

Neither the execution of this Agreement nor the performance of the Retailer/Distributor/Master Distributor's obligations under this Agreement will result in a violation or breach of any other agreement by which the Retailer/Distributor/Master Distributor is bound;

it has and will continue to have the power and authority to be bound by these Terms and Conditions and to perform and fulfill all activities contemplated herein and that no other person or entity is required to consent or provide permission to the activities contemplated under these Terms and Conditions and the Retailer/Distributor/Master Distributor is not subject to any agreement, judgment or order inconsistent with these Terms and Conditions;

(a) the entry into and performance of these Terms and Conditions in accordance therewith shall not result in a violation of applicable law, its charter documents or any other agreement by which it is bound; and it is adequately insured for all liabilities specified herein.

44. The warranties provided herein by the Retailer/Distributor/Master Distributor are in addition to and do not exclude any of the implied warranties under the applicable law with respect to the activities contemplated under these Terms and Conditions.

MISCELLANEOUS

45. Governing Law: These Terms and Conditions shall be governed by, and construed in accordance with Indian law as such law shall from time to time be in effect, subject to Delhi Jurisdiction courts only. 46. Dispute Resolution: The Parties shall try and resolve disputes, if any, arising under these Terms and Conditions amicably failing which the same shall bereferred to arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any modifications or re-enactments thereof. The arbitration shall be conducted by a sole arbitrator agreed between both Parties. The venue of arbitration shall be New Delhi Only. The arbitration proceedings shall be in English. The award shall be final and binding on the Parties. A Retailer/Distributor/Master Distributor is a business associate and the relationship is created under this agreement. In no way the Retailer/Distributor/Master Distributor is a customer of Aepspe and shall not be entitled to the remedy under consumer dispute Act. In the event of disputes between the Retailer/Distributor/Master Distributor and any other operator of Aepspe Retail Outlet, such disputes shall be resolved by an officer of Aepspe, whose decision shall be final and binding.

Non-Exclusive Appointment

47. The Retailer/Distributor/Master Distributor hereby acknowledges that all of the rights provided under these Terms and Conditions including area of operation, without limitation, the limited license to use Aepspe Intellectual Property are non-exclusive in nature and nothing herein shall be read to prejudice any right that Aepspe to any other person any other right or permission to perform the activities contemplated under these Terms and Conditions.

Force Majeure

48. If Aepspe is prevented from performing any of its obligations under this Agreement due to any cause beyond Aepspe's reasonable control, including, but without limitation to, any act of God, fire, flood, explosion, war, strike, embargo, government authority / regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers, major system break down and data loss beyond recoverable (a "Force Majeure Event") the time for Aepspe's performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however that if Aepspe is unable to cure that event within 30 (thirty) days of the Force Majeure Event ceasing, or such further time as may be granted by Aepspe , Aepspe may terminate the Retailer/Distributor/Master Distributor's appointment without any compensation or damages.

Injunctive Relief

49. Aepspe shall be entitled to injunctive relief in the event of breach of the terms of these Terms and Conditions by the Retailer/Distributor/Master Distributor to prevent or curtail any actual or threatened breach by the Retailer/Distributor/Master Distributor of the express provisions of these Terms and Conditions or purpose fundamental (though not expressed) to signing of these Terms and Conditions.

Relationship

50. The Services rendered by the Retailer/Distributor/Master Distributor under this Agreement shall be provided to Aepspe on "Principle to Principle" basis, and nothing in this Agreement creates or shall be deemed to.

create the relationship of partners, a joint venture, employer-employee, or principal-agent between the Parties. The Retailer/Distributor/Master Distributor shall not, without Aepspe's prior written approval, either on its invoices, letterheads or any other place or by any other means, orally or in writing, make any statement or representation, calculated or liable to induce others to believe that the Retailer/Distributor/Master Distributor is the agent of Aepspe or do any act, deed or things to bind Aepspe in any way in dealing with any third party (ies). The Retailer/Distributor/Master Distributor is providing services to the customers and any dispute with the consumer shall be sole responsibility of the Retailer/Distributor/Master Distributor.

Notice

51. Any notice required to be provided hereunder by one Party to the other shall be given in writing and shall be delivered by

(a) personal messenger,
(b) proof of delivery requested courier service or
(c) facsimile. All notices shall be delivered to the address of the Parties as provided in the Retailer/Distributor/Master Distributor Application Form.

Assignment

52. The Retailer/Distributor/Master Distributor may not assign or delegate any of its rights or obligations hereunder without a prior written consent from Aepspe. Subject to the foregoing, the rights and obligations under these Terms and Conditions shall ensure to the benefit of, and shall be binding upon, the heirs, legatees, successors, representatives, and permitted assigns of the respective Parties.53. For the purpose of this Agreement, the term "Software" shall include custom built software that is owned by Aepspe, or software that has been licensed from third party suppliers by Aepspe and in relation to which Aepspe has obtained the right to sub license from such third party suppliers.

54. The Retailer/Distributor/Master Distributor shall not sublicense, assign or otherwise transfer the said Software to any person and/or any third party and is expressly prohibited from distributing, sublicensing, assigning, transferring or otherwise, the Software, or other technical documentation /information pertaining thereto, or any portions thereof in any form.

55. The Retailer/Distributor/Master Distributor shall not make any changes / modifications / alterations in entire / any part of Software / Intellectual Property of Aepspe

Severability

56. If for any reason whatsoever any provision of these Terms and Conditions is or becomes, or is declared to be, invalid, illegal or unenforceable under applicable law, then the Parties will negotiate in good faith to agree on one or more provisions to be substituted therefor, which provisions shall, as nearly as practicable, leave the Parties in the same or nearly similar position to that which prevailed prior to such invalidity, illegality or unenforceability.Such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms and Conditions, and these Terms and Conditions shall be construed as if such invalid, illegal or unenforceable provision had never been contained in these Terms and Conditions, and the remaining provisions of these Terms and Conditions shall be given full force and effect.

Amendment

57. No change, alteration, modification or addition to these Terms and Conditions shall be valid unless in writing and properly executed by Aepspe.

Waiver

58. A waiver by Aepspe in respect of a breach of a provision of these Terms and Conditions by the Retailer/Distributor/Master Distributor will not be deemed to be a waiver in respect of any other breach and the failure of Aepspe to enforce at any time a provision of these Terms and Conditions will in no way be interpreted as a waiver of such provision.

Third Parties

59. Nothing in these Terms and Conditions, unless expressly provided for herein, is intended to confer upon any person, other than the Parties hereto and their permitted successors and assigns, any rights or remedies under or by reason of these Terms and Conditions.

Further Actions

60. The Parties shall do or cause to be done such further acts, deeds, matters and things and execute such further documents and papers as may be reasonably required to give effect to the terms of these Terms and Conditions.

Costs

61. The Retailer/Distributor/Master Distributor shall bear all taxes, fees, levies and other expenses in relation to its appointment pursuant to these Terms and Conditions.

Rights Cumulative

62. The rights, powers, privileges and remedies provided in these Terms and Conditions are cumulative and are not exclusive of any rights, powers, privileges or remedies provided by applicable law or otherwise.No failure to exercise nor any delay in exercising any right, power, privilege or remedy under these Terms and Conditions shall in any way impair or affect the exercise thereof or operate as a waiver thereof in whole or in part.Similarly, no single or partial exercise of any right, power, privilege or remedy under these Terms and Conditions shall prevent any further or other exercise thereof or the exercise of any other right, power, privilege or remedy.

CHANGE IN RETAILER/DISTRIBUTOR/MASTER DISTRIBUTOR

63. If the Retailer/Distributor/Master Distributor is an individual, in the event of his/her death, incapacity or inability to operate the Retail Outlet, his/her successor or assignee shall continue to operate the Retail Outlet only after obtaining a prior written consent from Aepspe.

64. If the Retailer/Distributor/Master Distributor is a partnership or a company, in the event of a change in control of the partnership or company, due to a change in the partnership or change in management or majority shareholding of the company, as the case may be, the successors in interest or permitted assigns of the partnership or the company, as the case, may continue to operate the Retail Outlet only after obtaining a prior written consent from Aepspe.

TERMINATION

65. These Terms and Conditions shall cease to have effect upon expiry of the Term. Either Party hereto shall have the right to terminate the Agreement without cause by written notice of 30 days to the other Party.

66. Aepspe shall be entitled to terminate the appointment of the Retailer/Distributor/Master Distributor by written notice of Thirty[30] days to the Retailer/Distributor/Master Distributor in the following circumstances:

(a) the Retailer/Distributor/Master Distributor commits any breach of any of the provisions of these Terms and Conditions and, in the case of a breach capable of remedy, fails to remedy the same within 15 (fifteen) days after receipt of a written notice giving particulars of the breach and requiring it to be remedied; the Retailer/Distributor/Master Distributor at any time breaches any obligation in relation to Aepspe Intellectual Property: repeated failure to deposit the proceeds of transactions on a daily basis; Aepspe, subsequent to ascertaining the commercial viability of continuing the appointment of the Retailer/Distributor/Master Distributor, determines that the Retailer/Distributor/Master Distributor is not a fit person to carry out the obligations imposed on it; the Retailer/Distributor/Master Distributor assigns its rights and obligations under these Terms and Conditions in an unauthorized manner immediately upon the occurrence of the Retailer/Distributor/Master Distributor becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors.

67. Aepspe shall be entitled to terminate the Appointment without notice: if, by the acts or default of the Retailer/Distributor/Master Distributor, Aepspe suffers damage to its name and reputation; in the circumstance described in Clause 13.4 (Force Majeure); a change in control or management of the Retailer/Distributor/Master Distributor; any event that would affect the ability of the Retailer/Distributor/Master Distributor to perform its obligations: any of the directors/partners/proprietor of the Retailer/Distributor/Master Distributor are convicted of any criminal charge; the Retailer/Distributor/Master Distributor is certified and declared to be of unsound mind.

68. Aepspe shall be entitled to terminate the appointment of the Retailer/Distributor/Master Distributor by giving written notice of seven [7] days to the Retailer/Distributor/Master Distributor, with or without assigning any reasons.

69. The right to terminate the appointment of the Retailer/Distributor/Master Distributor under this Clause shall be without prejudice to any other right or remedy of Aepspe in respect of the breach concerned, if any, or any other breach. Upon termination of appointment of the Retailer/Distributor/Master Distributor
within Fifteen (15) days from the date of termination, should clear all amounts due to Aepspe under these Terms and Conditions; immediately return to Aepspe all Confidential Information provided to the Retailer/Distributor/Master Distributor under this Agreement; immediately return to Aepspe all material provided to the Retailer/Distributor/Master Distributor under this Agreement; immediately discontinue and cease to use the Aepspe Intellectual Property and shall immediately hand over any and all copies or documentation of such Intellectual Property, including POPs and other manuals, the terminal and software supplied by Aepspe, if any; immediately and permanently remove the software or cause it to be removed from all human and machine readable media (or other memory devices); return all originals and/or copies of the Confidential Information, including the publicity and marketing materials in its possession; provide remote access to Aepspe to disable any software that Aepspe had installed; remove all signboards, banners, glow signboards of Aepspe from its office and also all such material, which will indicate any association with Aepspe cease to promote, market or advertise Aepspe or its products/services; the Retailer/Distributor/Master Distributor shall grant Aepspe, its employees or agents, access to its information technology systems for a period of Ninety (90) working days after termination.

70. Upon Aepspe serving a notice of termination, or upon expiry of the Term, the Retailer/Distributor/Master Distributor shall ensure that during the period of 1 (one) month leading to the termination, all systems and procedures will be strictly adhered to and all customers are handled properly. All enquiries from customers will be diverted to Aepspe.

71. Notwithstanding the above, the Retailer/Distributor/Master Distributor shall not, if so directed by Aepspe, discontinue the Services during the notice period and shall continue to provide the Services as per these Terms and Conditions until indicated otherwise by Aepspe.

72. In the event of termination of these Terms and Conditions, the Parties shall settle all claims existing between them, after reconciliation of the accounts. Thereafter, the Retailer/Distributor/Master Distributor shall have no right or claim or entitlement of any kind of compensation or any other payment and Aepspe shall not, under any circumstances, be liable or responsible, individually or collectively or fully or partly, for any kind of loss or expenses incurred by the Retailer/Distributor/Master Distributor including any loss of profits, opportunity cost.

INDEMNITY

73. The Retailer/Distributor/Master Distributor hereby undertakes to indemnify, defend and hold harmless Aepspe, its affiliates, officers, directors, employees, agents, successors and assignees (collectively the "Indemnified Parties") from and against all claims, damages (special or consequential), losses and expenses, including court costs and reasonable fees and expenses of attorneys, expert witnesses and other professionals, arising out of or resulting from:

(a) any action by a third party against the Indemnified Parties that is based on any negligent act, material omission or wilful misconduct of the Retailer/Distributor/Master Distributor or its employees, personnel, officers or agents and which results in: any bodily injury, sickness, disease or death; any injury or destruction to tangible or intangible property (including computer programs and data) or any loss of use resulting thereof, or, any violation of any statute, ordinance, or regulation;

(b) any loss, damage or prejudice suffered by any of the Indemnified Parties due to the breach by the Retailer/Distributor/Master Distributor of any applicable laws, by-laws, regulations and guidelines; (c) any loss, damage or prejudice suffered by any of the Indemnified Parties due to the Retailer/Distributor/Master Distributor representing/providing wrong information to third parties in an unauthorized manner on behalf of Aepspe;

(d) any loss, damage or prejudice suffered by reason of any claim or proceeding by any third party against any of the Indemnified Parties due to the infringement of Aepspe Intellectual Property by the Retailer/Distributor/Master Distributor during the provision of the Services;

(e) any loss, damage or prejudice suffered by any of the Indemnified Parties due to any claim made by the Retailer/Distributor/Master Distributor's employees against Aepspe for
non-compliance with any labour laws, and

(f) any misrepresentation of any representation or warranty of the Retailer/Distributor/Master Distributor under these Terms and Conditions

Declaration

74. I/We certify that the above information is correct and true to the best of my knowledge and belief. I/We further confirm that I/We have read and understood all the terms and conditions governing my engagement as Retailer/Distributor/Master Distributor. I/We shall abide by these terms and conditions and do understand that these may be amended by the Company from time to time and the same would be acceptable to me all the time as long as work as an Retailer/Distributor/Master Distributor. I/We confirm having received a copy of these terms and conditions and have also perused these terms and conditions on the website of the Company "www.fajlkaservices.com. I/We shall keep myself abreast of all the changes to be made by the Company in the terms and conditions from time to time and the same would be obtained by me directly from the website of the Company. I/We have fully understood that the one time registration fee paid by me is not refundable. No cash has been paid by me to any employee of the Company.

75. I/we undertake to always display the rate list of the applicable charges on domestic remittance and shall not overcharge the customers under any circumstances. I/we shall be responsible for payment of all kinds of the taxes including the GST in respect of any charges realised from the customers/Retailer/Distributor/Master Distributors/end users on the domestic remittance.

76. I/We hereby undertake that have resigned from all other BCs where ever I had worked previously and am not working with any other BC or any money transfer agency.

77. I/We further declare that I will exclusively work with Aepspe , In respect of Money Transfer till the pleasure of the Aepspe Or till my services/association is withdrawn/discontinued by the Aepspe Or upto the time resign from Aepspe .
78. have read and fully understood and hereby confirm to undertake, accept and abide by the contents of these Terms and Conditions.

Communication Disclaimer

79. The Retailer/Distributor/Master Distributor hereby understands and agrees that being a Aepspe Retailer/Distributor/Master Distributor, Aepspe may communicate include communications including but not limited to voice, SMS, digital, video, and/or any other mode of innovative communication method, as deemed fit and proper by the Company and that these communications are considered as part and parcel of the Services. The Retailer/Distributor/Master Distributor shall not be able to opt out of receiving these messages and/or communication in any way whatsoever and the Retailer/Distributor/Master Distributor hereby agrees to receive any communication from the Company. The Retailer/Distributor/Master Distributor also understands that the communication may include and contain advertisements.

80. I/we hereby also declare that have also been apprised that these terms and conditions are also available on the website of the Aepspe -"www.fajlka.com" which have been duly perused by me on the website of the Company. I/We also undertake that and any change in the terms and conditions governing my/our appointment may not be notified by Aepspe to me/us but shall be binding on me/us if the change in the terms and conditions are made online by Aepspe. I/We undertake to keep myself/ourselves updated in respect of change in the Terms and Conditions initiated/made by Aepspe in its Website- Www.fajlka.com

81. I/We undertake to immediately inform the Company of all my cash deposits and transfer of funds into the designated Bank Accounts of the Company and shall get the limit from the Company thereafter.I / We will ensure myself that the working limit in the portal by the Company against the cash deposit / fund transfer is madeavailable to me immediately and this will remain as my / our basic responsibility. I / we have noted that the Company will not be held responsible for not assigning of any working limit against my cash deposits / fund transfer if fail to inform the Company immediately after the deposits and do not get my working limit within two hours of cash deposit/ fund transfers made by me/ us.I / We have understood very well that in case of any negligence on my / our part in this regard, may lead to the working limit to someone else by mistake knowingly or unknowingly, for which the Company will not be held responsible under any circumstances.I / we will ensure at my / our own that the proper communication is received at the Company and any failure in this regard would be my / our own responsibility and Company will not be held responsible for that.I / we shall always remain abide by all the terms and conditions as specified above and as may be changed from time to time by the Company in respect of use of the portal and in respect of the domestic money transfer.
                   82.I / we shall inform immediately in case any excess amount is received in my portal by any means including by the distributor.I / we expressly authorise to the Company for withdrawing any excess amount given by mistake by the Company or by the distributor.I / we expressly accept the right of the Company to adjust any amount which I / we may owe to the Company at any point of time and even for the accrual of all kinds of liabilities which may fall upon me / us due to any kind of claim of the Company.
                        

                        83.I / we shall remain always vigil in respect of my / our statement of transactions and balances in the statement and shall report any discrepancy therein to the Company immediately and not later than 24 hours from the time of discrepancy.I / we shall not hold Company responsible on account of any lapse on my / our part in this regards.
                        

                        84.I / we undertake to always display the rate list of the applicable charges on domestic remittance and shall not overcharge the customers under any circumstances.I / we shall be responsible for payment of all kinds of the taxes including the service tax in respect of any charges realised from the customers/ Retailer / Distributor / Master Distributors / end users on the domestic remittance.
                          

                          85.I / We have read and fully understood and hereby confirm to undertake, accept and abide by the contents of these Terms and Conditions.
                          When you visit fajlka.com or send e - mails to us, you are communicating with us electronically.You will be required to provide a valid phone number.We may communicate with you by e - mail, SMS, phone call or by posting notices on the website or by any other mode of communition

 

More :

 

By accessing and using aepspe.com, YOU accept and agree to the terms, conditions and rules without limitation and or qualification.

We reserve the right to modify the terms at any time without giving YOU any prior notice. Your use of aepspe.com following any such modification constitutes your agreement to follow and be bound by the terms as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this website, aepspe.com or to a particular service are also considered as terms.

aepspe.com does not at any point of time during any transaction between the USER and merchant/ vendor and or service provider take the ownership of any of the products/services provided by the merchant. Nor does aepspe.com at any point asserts any rights or claims over the products/services offered by the merchant to the USER. The cancellation/refund, if any, will be governed as per the terms and conditions of the aggregator or of the merchant/vendor. aepspe.com has no role in governing refund/cancellation charges. aepspe.com, will not be responsible for refund/cancellation including any charges arising therefrom.

In the event, YOU erroneously send a payment to a wrong party or have sent a payment for a wrong amount, aepspe.com shall have no liability in this regard and your only recourse will be to contact such third party to whom such payment was sent and seek a refund (if any). aepspe.com will not refund or reverse a payment erroneously made by YOU.

All sales of prepaid recharge on the aepspe.com platform are final with no refund or exchange permitted. YOU are responsible for the mobile number or dth account number for which YOU purchased the prepaid recharge and all charges that result from those purchases. YOU are also responsible for the information relating to data card and similar recharge services and all charges that result from those purchases. aepspe.com is not responsible for any purchase of prepaid recharge for an incorrect mobile number or dth account number or incorrect data card information and or similar services.

aepspe.com disclaims any accountability, legal, losses/damages or else, that might arise because of the act, omission or otherwise of any USER on its website/mobile application or caused by the same. USER/YOU expressly admit that aepspe.com is only a payment facilitator & intermediary, and as such, stands indemnified from any accountability that might arise because of the same. YOU (USER) moreover acknowledge that visiting/using aepspe.com website/mobile application is an implicit reception/confirmation of this disclaimer on your part.

YOU are requested to go through the merchant/vendor provided terms and conditions on their website and or platform. aepspe.com is not responsible for your inability to access such terms and conditions or for any loss resulting from such terms and conditions or lack thereof. YOU agree and acknowledge that the actual contract for sale is directly between YOU and the merchant/vendor. aepspe.com does not control or prevent changes in the published details and descriptions of websites/apps operated by the aggregator or the merchant/vendor and is not responsible for any content therein. aepspe.com has no control over the existence, quality, safety or legality of items displayed; the accuracy of the aggregator’s content or listings; the ability of the aggregator and merchant/vendor to sell items or provide services. aepspe.com does not at any point of time during any transaction between YOU and aggregator/merchant/vendor, take the ownership of any of the listing, bookings or services offered by the aggregator/merchant/vendor. Nor does aepspe.com at any point asserts any rights or claims over the same offered by the aggregator/merchant/vendor to YOU. The aggregator or the merchant/vendor is solely responsible for the content/listings/bookings made available by it through the aepspe.com platform and YOU should contact the respective aggregator or merchant/vendor directly. For more information, we request YOU to contact the vendor/merchant/ service provider in order to get further clarifications and confirmation or the same can be confirmed on their websites as well.

aepspe.com is not a warrantor of the content/listings/bookings/services being offered on aepspe.com by various aggregators or merchant/vendors. YOU understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed as per the terms and conditions of the aggregator or the merchant/vendors, and YOU agree to handle such issues and disputes directly between YOU and the aggregator or merchant/vendor.

aepspe.com is not responsible for any warranty, guarantee, post sale claims, genuineness of listings/bookings, content, products and services. aepspe.com will not be liable for any claims including but not limited to any misrepresentation by the aggregator or the merchant/vendor in its content/listings/bookings.

Notwithstanding anything contrary contained herein, the service, the interface and api work, and their respective information, pricing and data, and availability are subject at any time and from time to time to human, mechanical , typographic, or other errors, oversights, mistakes, limitations, delays, service interruptions, including, without limitation, as may be due in whole or in part to, related to or arising out of (i) computer hardware and software, telecommunication and operating systems, databases, or business processes and procedures, other problems inherent in, or which may be associated with, the use of the internet and electronic communications including, without limitation, force majeure event , government / regulatory actions, orders, notifications etc. And / or and acts and omissions of third parties etc.

Any amount transferred erroneously or for any reason by the USER shall not be refunded to the USER in any circumstances.

The USER understands and agrees that aepspe.com is not a party to the contract between the USER and the merchant establishment. aepspe.com does not endorse any advertiser or merchant linked to its website. Furthermore, aepspe.com is under no obligation to monitor the merchant establishment's service/products used by the USER. The merchant establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any merchant establishment must be directly resolved by the USER with the merchant establishment. It is clarified that aepspe.com shall not be responsible or liable for any deficiency in goods and/or services purchased using aepspe.com wallet.

Any payment made erroneously by the USER to any merchant establishment or any erroneous transfer to any person shall not be refunded to the USER by aepspe.com in any circumstances.

Any web-link on the platform to a third party site is not an endorsement of that web-link. By using or browsing any such other web-link, the USER shall be subject to the terms and conditions in relation to that web-link.

In the event of any dispute (defined below), aepspe.com records shall be binding as the conclusive evidence of the transactions carried out through use of the wallet.

aepspe.com will not be responsible for recovering the money in case the account holder initiates fund transfer to an unintended or incorrect account.

These following terms and conditions shall be applicable to the provision of any fund transfer and fund collection facility provided / facilitated by aepspe.com. The USER shall provide correct beneficiary details to aepspe.com at the time of availing the said facility. The USER shall be solely responsible for entering wrong beneficiary details like incorrect virtual payment address or incorrect mobile number or account no or ifsc code, due to which the fund are transferred to an incorrect beneficiary. The USER agrees that the payment order shall become irrevocable when it is executed by aepspe.com.

The USER is responsible for the accuracy and authenticity of the instructions provided to aepspe.com and the same, if is in the form and manner prescribed by aepspe.com, shall be considered to be sufficient to operate the said facility. aepspe.com shall not be required to independently verify the instructions. aepspe.com has no liability if it does not or is unable to stop or prevent the implementation of any payment order issued by the USER. Once a payment order is issued by the USER the same cannot be subsequently revoked by the USER.

All instructions, requests, directives, orders, directions, entered by the USER, are based upon the USER’s decisions and are the sole responsibility of the USER.

Refunds (if any) will be credited to your aepspe.com wallet account.


Grievance Policy


Preamble

Totp Seva Private Limited. (the Company) is engaged in the following business segment

SEGMENT A:

Semi-Closed prepaid Wallet business: Issuance of multipurpose prepaid aepspe.com Wallet as a payment option alternative to cash for large segment of population in the country that is unable to use e-payment / m-payment facility since they do not have debit/credit cards.

(Semi-Closed prepaid aepspe.com Wallet business is governed by the PSS Act and the RBI Guidelines).

The Company offers safe and easy payment option to every customer for seamless transactions across M-Commerce and E-Commerce domains. The Company has introduced multi-purpose prepaid aepspe.com Wallet (known as "aepspe.com eWallet") which can be used to purchase various goods and services Online/On-mobile/IVRS from affiliated merchants based on "anywhere-anytime" concept which would result in increased sales for all affiliated merchants and safety and convenience for the customer. The Company is helping business organizations to expand markets by supporting sales channels convergence with its payments options.

As a service provider industry, customer service and customer satisfaction are the prime concerns of the Company and the object of this policy is to minimize instances of customer complaints through proper service delivery and review mechanism and prompt redressal of various types of Customer Grievance Redressal Policy customer complaints.

The Company is in the business of issuance of Semi-Closed prepaid aepspe.com Wallet and is authorised by the Reserve Bank of India (RBI) to operate a Payment System. It is governed by the Payment and Settlement Systems Act, 2007("the PSS Act"), Regulations made under and the Issuance and Operation of Prepaid Payment Instruments in India (Reserve Bank) Directions, 2009 ("the RBI Guidelines") laid down by the RBI.

As required under the Clause 12.2 of the said RBI Guidelines, the Company has developed a procedure for promptly attending to grievances of the customers in respect of various issues pertaining to aepspe.com Wallet as online payment mode. This is done by setting up an internal two tier system in the form of "Customer Support" and a grievance redressal mechanism in the form of "Customers Grievance Redressal Committee", as hereinafter provided.

This Policy is called the "Customers Grievance Redressal Policy".
It shall apply to the business of the Company in India.
It shall come into force from 1st day of December, 2013
It shall apply only to Semi-closed prepaid aepspe.com Wallet business as mentioned under point 3 above.
It is available on the website of the Company https://www.aepspe.com

Section 1 - Definitions

'Company' shall mean Totp Seva Private Limited. which is carrying on the business of issuance of Prepaid Payment Instruments, payment processing, payment collection and related services by facilitating payment solutions to the Customer for buying goods and services through any digital/electronic medium.
'Complainant' shall mean the Customer who has a Grievance.
'Customer' shall mean the holder and/or user of aepspe.com Wallet and/or any of the system participants of the Company.
'Grievance' shall mean communication in any form by a customer that expresses dissatisfaction about an action or lack of action by, or about the standard of service of the Company and/or its representative, in relation to use of aepspe.com Wallet.
'aepspe.com Wallet' shall mean the activated and valid Semi-closed prepaid wallet and all variants of the same issued by the Company.
'Payment System' means a system that enables payment to be effected between a payer and a beneficiary involving clearing, payment or settlement service or all of them but Customer Grievance Redressal Policy does not include a stock exchange.
'Redressal' shall mean the final disposal of the Grievance of the Complainant by the Company.
'System Participant' shall mean Bank or any other person participating in a payment system and includes the system provider as per the PSS Act.
'System Provider' shall mean a person who operates and authorizes payment system.
'Week' shall mean consecutive seven Working Days.
'Working Day' shall mean any day (other than Sunday & Public Holiday) on which the Company's Corporate Office is open for business.


Section 2 - Principles Governing Company's policy

The Company's policy on grievance redressal is governed by the following principles:Customer shall be treated fairly at all times.
Complaints raised by customers shall be attended with courtesy and in time.
Customers shall be fully informed of avenues for grievance redressal within the organization and their right to approach the Customers Grievance Redressal Committee in case they are not fully satisfied with the response of the Customer Support.
The Company's Officer-in-Charge of Customer Support must work in good faith keeping in mind this policy of the Company.


Section 3 - Process to handle Customer Grievances

Grievances by the holder and/or user of aepspe.com Wallet:
3.1 Two Tier Grievance Redressal System
The Company has established customer grievances redressal machinery functioning at two levels:

 

Legal
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CSC is a trademark of CSC E-Governance Services India Limited Ministry of Electronics & Information Technology Government of India., registered in the India and other countries. This is an independent project developed by Totp Seva Private Limited Company and has no relationship to CSC or CSC E-Governance Services India Limited Ministry of Electronics & Information Technology Government of India.

 

Retailer Policy
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Once the Retailer ID is created, the retailer cannot delete or suspend that ID. The company has full rights to all these. If the company feels that deleting or suspending the person's ID is correct, then the company can do this process. If the retailer completes his KYC, then the right is completely taken away from the retailer to get his ID deleted or terminated. The reason for all this is common, all the wrong and right actions done by the retailer are completely deleted. If the company feels that now there is nothing wrong or cyber fraud-like activity by the person, after that the company can remove the existing ID after 1-2 years. Applicable only if the person has not done any work or logged in for 90 days.

 

 Medical Sucidha Kendra On-board Policy
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This ID is given by the company for free. In some cases, it may also happen that you have reached here by paying money by some other third party person / company. But the company does not have to take any of these third party sources. You get 0.00 amount of transaction in on board process and it represents free process.

We send you email with the help of our medical suvidha kendra, in which you have to enter police verification and aadhar card and other information.

The ID will neither be suspended nor deleted after the completion of KYC from the link received through the email. By uploading the wrong documents at the time of kyc, you will get the ID password, but after logging in the ID, only a white page will appear.

You may face legal action for uploading wrong documents, as it can be a major act of harming national health.

 

PAN CARD SUVIDHA KENDRA PAN CARD AGENT ONBOARD POLICY
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This ID is given by the company for free. In some cases, it may also happen that you have reached here by paying money by some other third party person / company. But the company does not have to take any of these third party sources. You get 0.00 amount of transaction in on board process and it represents free process.

We send you email with the help of our corporate admin, in which you have to enter pan card and aadhar card and other information.

The ID will neither be suspended nor deleted after the completion of KYC from the link received through the sms. By uploading the wrong documents at the time of kyc, you will get the ID password, but after logging in the ID, only a white page will appear.

You may face legal action for uploading wrong documents, as it can be a major act of harming national security.

 


Customer Support & Customers Grievance Redressal Committee

The Company has a Customer Support facility (0800 Hrs to 2300 Hrs Monday to Sunday) for effective resolution for operational issues and all the grievances referred to it.

For quick reference, the contact details are provided herein below:


- Customer Support: aepspe.com Helpdesk

- Customer Care Number - 01429- 227900 / +91 7610807580  (Monday to Saturday 9:00 AM to 8 PM)


Function and Authority

The Customer Support is responsible for the resolution of queries of all customers. The Officer-in-Charge of Customer Support is responsible for ensuring resolution of all queries received at Customer Support to the customer's satisfaction.


Constitution

The customers who are not satisfied with the resolution of their queries by the Customer Support can approach the Customers Grievance Redressal Committee ("the Committee") for redressing their grievances. The Committee shall consist of two members out of whom one will be designated by the Company and the other would be an independent person who has fairly requisite knowledge of the Laws, who is not office-bearer, employee, director or any other person/s who has/have any interest of whatsoever nature in the Company.


This committee, at present, consist of three escalations which can be addressed to:


Banking Ombudsman Scheme
If you are not satisfied with redressal of the complaint provided by aepspe.com or if you have not received a response from aepspe.com within one month i.e. 30 days of logging a complaint with us, you may approach the Reserve Bank of India - Office of Banking Ombudsman for Grievance Redressal. The complaint can be made to the Office of Banking Ombudsman with the complete transaction and other requisite details. (The 30 day period will be reckoned after all the necessary information sought from the customer is received). You may refer https://www.rbi.org.in/Scripts/bs_viewcontent.aspx?Id=3631 for details about this scheme.


Function and Authority

The functions of the Committee are as under:

a. The Committee will address the grievance of the Customer if he/she is not satisfied with the decision of the Customer Support.
b. The Committee will be responsible for ensuring timely and effective implementation of all regulatory requirements regarding customer service.
c. The Committee shall have right to ask for all records from the Customer Support and the customer.
d. The Committee will look into the simplification of procedures and practices prevailing in the Company with a view to safeguarding the interests of customers of the Company.
e. The Committee will review the regulations and procedures prescribed by RBI for customer service and whether the same are adopted in spirit and intent by the Company and make suitable recommendations for rationalization of the same.
f. The Committee will review the practice and procedures prevalent in prepaid payment solutions industry and take necessary corrective action on an on-going basis.
g. The Committee will endeavour to proactively advice the Customer Support on pending complaints.
Grievance Redressal Procedure
a. A grievance may be communicated by the Complainant to the Committee as per the convenience of the Complainant in physical or electronic mode, in the form provided in schedule 'A' hereto to aepspe.com Helpdesk
b. Upon receipt of a grievance, the concerned officer shall enter the details thereof in the Grievance Redressal Register.
c. All grievances received shall be acknowledged within three working days from the receipt of grievance by the Committee.
d. The Committee shall resolve every grievance within 21 working days from the date of receipt of the grievance.
Final Redressal and Closure of Grievance
Grievance shall be treated as finally redressed and closed in any of the following circumstances:

a. Where the Complainant has communicated his acceptance of the Company's decision on redressal of grievance communicated by Customer Support
or
b. Where the Complainant has not communicated his acceptance of the Company's decision, within 1 (ONE) months from the date of communication of decision by the Customer Support or the Committee, as the case may be.
Implementation of the decision
The Management shall take all necessary steps to implement the decision of the Committee.

Grievances by a person other than the holder and/or user of aepspe.com Wallet (System Participant):

Grievances between System Participants in respect of any matter connected with the operation of the payment system shall be resolved in accordance with the relevant provisions of the Payment and Settlement Systems Act, 2007, as may be amended from time to time.

Schedule 'A' :

APPLICATION TO COMPANY BY CUSTOMER FOR REDRESSAL OF GRIEVANCE

(All fields are mandatory)


NAME OF THE CUSTOMER
FULL ADDRESS OF THE CUSTOMER ( With Email Id and Mobile N0 )
aepspe.com Wallet ID
DETAILS OF THE GRIEVANCE,
(If space is not sufficient, please enclose separate sheet)
DATE OF ORIGINAL INTIMATION OF GRIEVANCE BY THE CUSTOMER TO THE CUSTOMER SUPPORT
REMEDY PROVIDED BY THE CUSTOMER SUPPORT, IF ANY
(If remedy has been provided, please enclose relevant communication from the Customer Care Centre)
LIST OF DOCUMENTS ENCLOSED
(Please enclose copies of any relevant documents which support the facts giving rise to the Grievance)
DECLARATION
I/ We, the customer/s herein declare that:
the information furnished hereinabove is true and correct; and
I/ We have not concealed or misrepresented any fact stated hereinabove and the documents submitted herewith.
The present Grievance has been intimated to Committee in the prescribed form and manner prescribed by the Company and I/We am/are not satisfied by the remedy provided by the Customer Support
OR
no remedy was provided within a period of (__) days/weeks/months from the date of original intimation.
The subject matter of the present Grievance has never been submitted to the Company by me or by any one of us or by any of the parties concerned with the subject matter to the best of my/our knowledge.
The subject matter of my/our Grievance has not been settled by the Company/ Customer Support in any previous proceedings.
The subject matter of my/our Grievance has not been decided by any competent authority/court/arbitrator and is not pending before any such authority/court/arbitrator.
Yours faithfully

(Signature)
(Customer's name in block letter)

NOMINATION

If the customer wants to nominate his representative to appear and make submissions on his behalf before the Customers Grievance Redressal Committee the following declaration should be submitted:

I/We the above named customer hereby nominate Shri/Smt. , who is not an Advocate and whose address is as my/our REPRESENTATIVE in the proceedings and confirm that any statement, acceptance or rejection made by him/her shall be binding on me/us.

He/ She has signed below in my presence.

(Signature of Representative)

(Signature of Customer)

Need help ? We will be glad to assist you


To Block and Report Unauthorized Transaction on your aepspe.com Wallet Account


Report via aepspe.com Website or App

Visit https://aepspe.com.com/help or Help Section of your aepspe.com App and choose Report Fraud option.
Fill in the required details and click on Create Ticket.
Please use the Ticket Id generated for future reference or communication with our investigation officer.

Report via Call: 01429-227900 / +91 7610807580


To report Fraud on your aepspe.com account please keep the transaction details (Order Id, Amount, Date and Time) handy for quick assistance.

Customer Protection – Limiting Liability of Customers in Unauthorised Electronic Payment Transactions in Prepaid Payment Instruments (PPIs) issued by Authorised Non-banks

https://www.rbi.org.in/scripts/BS_CircularIndexDisplay.aspx?Id=11446

Customer Liability in the event of unauthorized Payment Transaction

In accordance and subject to RBI guidelines and directions made available at https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11446&Mode=0 , a customer’s liability arising out of an unauthorized payment transaction will be limited to:
Customer liability in case of unauthorized electronic payment transactions through a PPI
S.No.    Particulars    Maximum liability of customers
(a)    Contributory fraud / negligence / deficiency on the part of the PPI issuer, including PPI-MTS issuer (irrespective of whether or not the transaction is reported by the customer)    Zero
(b)    Third party breach where the deficiency lies neither with the PPI issuer nor with the customer but lies elsewhere in the system, and the customer notifies the PPI issuer regarding the unauthorised payment transaction. The per transaction customer liability in such cases will depend on the number of days lapsed between the receipt of transaction communication by the customer from the PPI issuer and the reporting of unauthorised transaction by the customer to the PPI issuer -    
i. Within three days#    Zero
ii. Within four to seven days#    Transaction value or ₹ 10,000/- per transaction, whichever is lower
iii. Beyond seven days#    As per the Board approved policy of the PPI issuer
(c)    In cases where the loss is due to negligence by a customer, such as where he / she has shared the payment credentials, the customer will bear the entire loss until he / she reports the unauthorised transaction to the PPI issuer. Any loss occurring after the reporting of the unauthorised transaction shall be borne by the PPI issuer.
(d)    PPI issuers may also, at their discretion, decide to waive off any customer liability in case of unauthorised electronic payment transactions even in cases of customer negligence.
# The number of days mentioned above shall be counted excluding the date of receiving the communication from the PPI issuer.

We at One aepspe.com Systems Pvt. Ltd caution the members of public and our Users not to fall prey to fictitious offers and or unsolicited phone calls or emails asking for financial information or any other type of personal information. It has been observed that fraudsters have resorted to defraud the susceptible public by convincing them over a phone call to divulge details of the debit / credit card or their bank account information in order to commit cybercrimes. Recipients of such communication fall prey to frauds or scams perpetrated by individuals who impersonate to be employees of various financial institution and end up compromising their confidential information and that which is later on used by such fraudsters on ecommerce and m-commerce platforms. We apprise you that aepspe.com will never ask for the details of your Account / PIN / Password / Full Debit / Credit Card number / Expiry Date / OTP / CVV / Confidential Bank Account details or any other security/personnel information .


In case you fall prey to such a fraud or scam , kindly use the link provided to you by us or write to us at AepsPe.com@gmail.com or follow our grievance policy , in order to report the same to avoid further loss.


aepspe.com has implemented a highly secured environment in order to avoid and check fraudulent transactions – however it is important for customers to ensure that they exercise caution and refrain from compromising sensitive and personal information.

 

PRODUCT / SERVICE & SERVICE CHARGES

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01 : You get PAN card services on the existing portal, through which you can submit a new application for PAN card as well as a correction application, if you are a retailer then this service is provided to you free of cost.

02 : You get the services of mobile recharge on the existing portal, through which you can recharge your mobile, if you are a retailer then this service is provided to you free of cost.

03 : You get Bharat bill payment services on Mojuda portal, through which you can provide mobile recharge and BBPS related services, if you are a retailer then this service is provided to you free of cost.

04 : You get domestic money transfer service on the existing portal, through which you can transfer money from your ID to any Indian citizen's account, if you are a retailer then this service is available to you after paying Rs.999.

05 : You get UPI money transfer service on the existing portal, through which you can transfer money from your ID to any Indian citizen in his UPI account. If you are a retailer, then this service is activated only after paying Rs.999.

06 : On the existing portal, you get Aadhaar Enabled Payment (AEPS) service, through which you can withdraw money from your account and give it to your customer through fingerprint verification from the Aadhaar number of any Indian citizen with your ID. If you are a retailer, then this service is activated only after paying Rs.499. Apart from this, if you apply to complete its full kyc, then you have to pay another charge of Rs 538.

07 : On the existing portal, you get the ID of the PAAM login manager, through which you can submit the PAN card application and correction application of any Indian citizen with your ID. If you are a retailer, then this service is activated for free after applying for 100 PAN card paperless IDs.

08 : You get X-Press money transfer service on the existing portal, through which you can transfer money from your ID to any Indian citizen's account, if you are a retailer then this service is available to you after paying Rs.999.

09 : You get hosting and domain services on the existing portal, through which you can go live by making your own blog or domain or your own shop website. If you are a retailer, then this service is applicable to you on https://VleHosting.com suggested annual charge.

10 : You get payout services on the existing portal, through which you can transfer the amount of aeps wallet present in your ID to your account immediately. If you are a retailer, then this service is available to you with a charge of Rs 10 on each transfer.

Check the existing link for product and service changes and other information : https://aepspe.com/pages/service

 

JURISDICTION ACTIVITIES & PROCESSES
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In any event of dispute the area of ​​jurisdiction shall be Jaipur. If the customer and other person has any problem with the website, then he has to choose Jaipur High Court. Apart from this, first the company has to be told where the company is making a mistake. After that the company will take the time to correct the mistake. The person can take recourse to the law only after the expiry of the given time limit of the company. In this, if the person takes recourse to the law without the knowledge of the company for any reason, then such process will be counted in the activities like fraud / loss to the company by the customer or other person.

 

LEGAL
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CSC is a trademark of CSC E-Governance Services India Limited Ministry of Electronics & Information Technology Government of India., registered in the India and other countries. This is an independent project developed by Totp Seva Private Limited Company and has no relationship to CSC or CSC E-Governance Services India Limited Ministry of Electronics & Information Technology Government of India.