Terms of Service
1. General
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of iReff.
The domain name www.ireff.in (hereinafter referred to as "Website") & iReff mobile application on all platforms (hereinafter referred to as “App”) is owned by
The use of this Website and App, and any other mode used by you to access our services are governed by this policy and any policy so mentioned by terms of reference. Moving past home page, downloading our App or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding on You and that You are contracting with the Company and have undertaken binding obligations with the Company
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person utilizing any service made available through the Website and apps delivered on all mobile devices. The term "We", "Us", "Our" shall mean iReff.
You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Website & app, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.
We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the Website or apps on all mobile devices, following such a change, this is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website or App and the services offered therein.
By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Company Policies, inter alia Privacy Policy, which would be amended from time to time.
About iReff:
iReff provides prepaid mobile recharge plans and tariff information to its end users via our Website, mobile Apps, social media and SMS. We also facilitate prepaid mobile recharges and other value added features to our users.
2. Membership
The membership of this Website and App is available only to those who are not covered under ‘Incompetent to Contract’ under the Indian Contract, 1872, which inter alia include insolvents. If you are a minor, you may use the services through your legal guardian and we reserve all rights to terminate your membership / account on knowledge of you being a minor.
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
3. Communications
BY using this Website or Apps, it is deemed that you have consented to receive calls, messages and emails through provided contact information at any time in future. You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website or App.
4. Charges
The membership of this Website and App is free of cost and this includes the browsing of the site, using App and the use of certain services. We reserve the right to amend this no-fee policy and charge for the services rendered. Upon the happening of such an event, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site or App.
5. Website, APP as an Intermediary Platform
The Website and App is a platform that Users utilize to obtain prepaid mobile tariff information for all circles and operators in India. We may help you carry out recharges on such prepaid numbers by sending your request to third party recharge providers of your choice. We are merely facilitating the transfer of recharge details to the third party providers, and we are not a party to such interaction and take no liability that arises from any such transaction.
6. Third Party Information
The prepaid mobile recharge plans and tariffs data included in the information services are the Intellectual Properties of the respective Telecom Operator and Service Provider and iReff does not own any such Intellectual Property Rights over the same. The information services, layout and interface design of the site/app, any visuals on the website/app, presentation and structuring of data on the site/app, is solely owned by iReff and is protected by local copyright law and international treaty provisions. Nothing in this Agreement shall be deemed to be a transfer of intellectual property rights.
It is hereby specifically disclaimed that we shall under no circumstance be liable for any failure to recharge or any other complication arising from a recharge information provided on our Website or App & transaction we facilitate through multiple third parties. The user hereby directed to communicate with such third parties directly for any transactional issues.
7. User Obligations
You are a restricted user of this Website and App on all devices.
7.1 You are bound not to modify, recreate, reverse engineer, publish or create derivative works from, transfer, or sell any software obtained from the Website and app. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website and App is not permitted.
7.2 You agree not to access (or attempt to access) the Website and App and/or the materials or Services by any means other than through the interface that is provided by the Website and app. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and App is specifically prohibited.
7. 3 In places where this Website and App allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website and App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation, to monitor the materials posted on the Website and App. We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.
7. Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, APP, SERVICES AND ALL TARIFF PLANS AND RECHARGE PLANS ARE PROVIDED BY THIS WEBSITE AND APP IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) THE RECHARGE CARRIED OUT WILL BE EFFECTIVE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, APP SERVICES OR OTHER MATERIALS INCLUDING TARIFF PLANS AND RECHARGE PLANS WILL BE CORRECTED.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR INFORMATION OBTAINED THROUGH THE WEBSITE AND APP IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY FOR THE SAME. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS WHOLE DISPLAYING THE INFORMATION PROVIDED TO US THROUGH TELECOM COMPANIES OR THEIR API’S. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. ANY ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE OR APP OR SMS WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY AND WE HOLD NO LIABILITY FOR SUCH INFORMATION OR YOUR ACTIONS UPON BECOMING AWARE OF SUCH INFORMATION.
7. Indemnification and Limitation of Liability
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE AND APP INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE OR YOUR USE OF OUR SERVICES.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE TELECOM COMPANIES OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, APP, SERVICES OR CONTENT.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
8. Disputes and Jurisdiction
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a sole Arbitrator appointed by Us. The award as the outcome of the arbitration is final and binding on all the parties. The arbitration proceedings will take place in the English Language and will take place at Bangalore, Karnataka.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts in chennai, Tamilnadu.