Terms & Conditions

Eko Connect is licensed to You (End-User) by Eko India Financial Services Private Limited, located at Plot 34, Sector 44 Rd, Institutional Area, Sector 44, Gurugram, Haryana 122003, India (“Licensor”), for use only under the terms of this License Agreement. We are registered in India and have our registered office at 547, Alaknanda Rd, Gangotri Enclave, Mandakini Enclave Colony, Delhi, New Delhi - 110019.

By using the app (directly accessible on the web at “https://connect.eko.in” or by downloading the Licensed Application from Google’s software distribution platform “Play Store”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. Play Store is referred to in this License Agreement as ”Services”.

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Eko India Financial Services Private Limited, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Google Play Terms of Service (“Usage Rules”). Eko India Financial Services Private Limited acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

Eko Connect when purchased or downloaded through the Services, or when accessed via the web located at https://connect.eko.in, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Eko Connect app is to be used on devices that operate with Google’s operating system (“Android”), and on other devices via a web browser.

1. THE APPLICATION

Eko Connect (“Licensed Application”) is a piece of software created to Offer Services like Aadhar ATM, Money Transfer, Payments, DMT, Mobile recharge — and customized for Android mobile devices (“Devices”) and the web browser.

2. SCOPE OF LICENSE

2.1.  You are given a non-transferable, non-exclusive, non-sublicensable license to access the webapp or install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules.

2.2.  This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3.  You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Eko India Financial Services Private Limited’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4.  You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Eko India Financial Services Private Limited’s prior written consent).

2.5.  You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6. You may not create frames around the webpages of the Licensed Application or embed them within any other application or webpage.

2.7.  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.8.  Licensor reserves the right to modify the terms and conditions of licensing.

3. FEES AND EXPENDITURE

3.1. In consideration of Company making available the Platform, Website and /or Company Services to Retail Partner, it shall be entitled to a service fees (“Company Service Fee”) as may be intimated by Company from time to time. Company shall also be entitled to receive/deduct any other service fee from Retail Partner for any services provided by the Company to Retail Partner as may be intimated by Company from time to time.

3.2. In addition to the limited right to use the available Platform, Website and /or Company Services and depending upon the nature of Services being provided by Retail Partner, Retail Partner may be entitled to commissions, discounts service fees or such other remuneration from Consumers and/or Company (collectively the “Retail Partner Service Fees”) as may be intimated by Company from time to time.

3.3. Retail Partner shall be responsible for payment of its own Taxes, of whatever nature, in respect of all sums payable by Company to Retail Partner under this Agreement.

3.4. In relation to certain Company Services, Retailer Partner

4. OPERATION OF RETAIL OUTLET

4.1. During the Term, Retailer Partner shall render Services by and through such of its officers, employees, agents, representatives and affiliates as it shall designate, from time to time. Notwithstanding anything to the contrary contained in this Agreement, Company shall have the right at any time, to modify, alter, amend and/or discontinue Services, including the manner, procedure, process in which Retail Partner will be required to perform Services and Retail Partner shall be bound by all such modifications, alterations and amendments made by Company.

4.2. It is hereby agreed between the Parties and declared for the avoidance of doubt that Retail Partner shall only market, promote or make available such Company Services as are permitted expressly by Company.

4.3. Company may specify to Retail Partner, the necessary infrastructure and equipment required at the Retail Outlet including but not limited to any minimum area requirements of the Retail Outlet, computer terminals, peripherals attachments, internet and broadband connectivity, mobile device and/or any such device with GPRS connectivity, html enabled, which is sufficient for the purposes of utilizing Software and/or effectively making available Company Services (“Specifications”). Retail Partner shall ensure compliance with Specifications at all times at its sole expense. Further, Retail Partner shall at all times during the Term, display Company’s signage, signboards, logos, etc. at a prominent place in the Retail Outlet strictly in accordance with the instructions provided by Company and/or BP in this regard.

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

4.5. Company may, in the interest of making available Services to Consumers, allow Retail Partner to provide Services from a location other than a Retail Outlet subject to Applicable Law and rules intimated by Company in this regard.

5. TECHNICAL REQUIREMENTS

5.1.  You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

5.2.  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

6. MAINTENANCE AND SUPPORT

6.1.  The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Play Store Overview for this Licensed Application.

6.2.  Eko India Financial Services Private Limited and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

7. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: https://eko.in/privacy-policy.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

8. USER-GENERATED CONTRIBUTIONS

The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ”Contributions”). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.

  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.

  4. Your Contributions are not false, inaccurate, or misleading.

  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  9. Your Contributions do not violate any applicable law, regulation, or rule.

  10. Your Contributions do not violate the privacy or publicity rights of any third party.

  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

9. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

10. LIABILITY

10.1.  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

11. WARRANTY

11.1.  Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

11.2.  No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Eko India Financial Services Private Limited’s sphere of influence that affect the executability of the Licensed Application.

11.3.  You are required to inspect the Licensed Application immediately after installing it and notify Eko India Financial Services Private Limited about issues discovered without delay by email provided in Grievance. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 7 days after discovery.

11.4.  If we confirm that the Licensed Application is defective, Eko India Financial Services Private Limited reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

11.5.  In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

11.6.  If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

 11.7.  Retail Partner represents and warrants to Company that the execution and delivery by Retail Partner of this Agreement does not, and the performance by Retail Partner of his obligations hereunder will not, with or without the giving of notice or the passage of time, or both:

(i) violate any judgment, writ, injunction, or order of any court, arbitrator, or governmental agency, applicable to Retail Partner; and / or

(ii) conflict with result in the breach of any provisions of or the termination of, or constitute a default under, any agreement to which the Retail Partner is a party or by which Retail Partner is or may be bound, including, without limitation, any non-competition, non-solicitation agreement or similar agreement.

11.8 Retail Partner further represents and warrants that it fully and completely understands this Agreement and the financial requirements and risks associated with the same and that:

(i) it has the power, financial and legal capacity to execute, deliver and perform its obligations under this Agreement and all necessary corporate, shareholder and other actions have been validly obtained to authorize such execution, delivery and performance, and this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms; and

(ii) it has engaged in negotiations with Company and has either consulted with an attorney of his choice or has had ample opportunity to do so and is fully satisfied with the opportunity it has had.

11.9. Retail Partner hereby represents, agrees and undertakes that:

(i) it shall at all times ensure compliance with Applicable Laws, the provisions of this Agreement, Company Rules and instructions provided by Company from time to time;

(ii) the information provided in the RAF is complete and accurate and if there is any change in such information it shall inform the Company immediately of such change;

(iii) it shall not provide any Services or collect any amounts from Consumers during the time Company Services, Website and/or Platform are unavailable to Retail Partner at any time and/or for any reason whatsoever.

(iv) it shall not at any point undertake or facilitate, any cash collection or payment through any officer, employee, agent of the Company and that it is fully aware that it shall be solely responsible for any such cash collection or settlement and shall indemnify and hold harmless the Company from any loss arising out or in relation to such cash transaction/collection;

12. RIGHTS OF THE COMPANY

12.1. Suspension of Company Services by Company

(i) Retail Partner agrees and acknowledges that Company reserves the right to suspend and/or terminate the provision of Company Services if Retail Partner and/or BP has:

(a) violated or is likely to violate the terms of this Agreement or any other agreement it has with Company or any of the Company Rules;

(b) violated or is likely to violate any of the Applicable Law related to the services provided by it including the Services; and/or

(c) provided any false, incomplete, inaccurate or misleading information or otherwise engaged in fraudulent or illegal conduct.

(ii) Retail Partner agrees and acknowledges that the Company reserves the right to suspend and/or terminate the provision of Company Services:

(a) if Company is mandated to do so under Applicable Law and instructions from Governmental Authority;

(b) for recovery of any of its dues under the Agreement;

(c) for any suspected violation of any rules, regulations, orders, directions, notifications issued by Governmental Authority from time to time;

(d) for any discrepancy or suspected discrepancy in the particular(s) or documentation provided by Consumers, Retail Partner and/or BP;

(e) due to technical failure, modification, up gradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;

(f) due to any act/omission/failure on part of the service provider providing the relevant Financial Services; and/or

(g) for any other reason that Company deems appropriate in the best interests of Business.

13. PRODUCT CLAIMS

Eko India Financial Services Private Limited and the End-User acknowledge that Eko India Financial Services Private Limited, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation.

You represent and warrant that You are located in India; and that You are not listed on any Indian Government list of prohibited or restricted parties.

15. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Eko India Financial Services Private Limited, Plot 34, Sector 44 Rd, Institutional Area, Sector 44, Gurugram, Haryana - 122003, India

16. TERMINATION

TERM AND TERMINATION

16.1. Term

(i) This Agreement will be effective from Effective Date and shall remain valid for a period of 5 (five) years unless terminated earlier in accordance with Clause 6.2 of this Agreement (“Term”).

(ii) Upon the expiry of Term and subject to satisfactory performance of Retail Partner’s obligations under the Agreement, this Agreement may be renewed at Company’ option, on such terms and conditions as may be applicable at the time of such renewal. Company may exercise its right of renewal by giving a notice in writing to Retail Partner 30 (thirty) days prior to the completion of the Term.

(iii) If Company decides to renew this Agreement, the Parties shall forthwith execute an agreement on the same terms and conditions and/or such terms and conditions as may be applicable at the time of such renewal. Retail Partner shall ensure that the said agreement is renewed from time to time and Retail Partner agrees and acknowledges that Company shall not be responsible/liable in any manner whatsoever, if Agreement is not renewed and the Retail Partner continues to do business during such period wherein, there is no valid agreement between the Parties.

16.2. Termination

(i) During the period commencing from the Effective Date and expiring on [24 (twenty-four) months] from the Effective Date, (the “Lock-in Period”) Retail Partner cannot terminate this Agreement.

(ii) After the expiry of Lock-in Period, Retail Partner may terminate this Agreement by giving a 90 (ninety) days’ written notice to Company.

(iii) Company shall have the right to terminate this Agreement immediately upon the occurrence of an “Event of Default”. For purposes of this Agreement, the term “Event of Default” shall have occurred if:

(a) if there is a Material Breach by Retail Partner that remains uncured even after the expiry of 15 (fifteen) Business Days after the date of a written notice issued by the Company of such occurrence;

(b) if the agreement between Company and the BP is terminated; or

(c) if an order is made by a court of competent jurisdiction, or a resolution is passed, for the liquidation, bankruptcy, insolvency or administration of Retail Partner or a notice of appointment of an administrator of Retail Partner is filed with a court of competent jurisdiction.

(iv) In addition to the foregoing, Company may terminate this Agreement at any time by giving a 30 (thirty) days written notice to Retail Partner.

16.3. The rights and obligations of the Parties under this Agreement, which either expressly or by their nature survive the termination of this Agreement, shall not be extinguished by termination of this Agreement.

16.4. The termination of this Agreement in any of the circumstances aforesaid shall

17. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Eko India Financial Services Private Limited represents and warrants that Eko India Financial Services Private Limited will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the ”Instructions for Minimum Terms of Developer’s End-User License Agreement,” Google’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

18. INTELLECTUAL PROPERTY RIGHTS

18.1. During the Term, Company hereby grants Retail Partner a limited non-exclusive, non-transferable, non sub-licensable, non assignable, right to use the Platform and Software solely for the purpose of provision of the Services as contemplated under this Agreement, which may be revoked by Company at any time and without assigning any reason at its discretion.

18.2. Retail Partner shall not sublicense, assign or otherwise transfer the Software to any Person and is expressly prohibited from distributing, sublicensing, assigning, transferring or otherwise, the Software, or other technical documentation pertaining thereto, or any portions thereof in any form.

18.3. Retail Partner may utilize any third party software other than the Software only with Company’s prior written consent. Further, the Retail Partner shall ensure that such third party software is validly licensed and installed.

18.4. Further, Subject to the provisions of this Agreement, Company hereby grants a temporary, limited, revocable, conditional, non-exclusive, non-sub-licensable, non-transferable right to use the Intellectual Property, during the Term and solely for the purpose of and to the extent necessary for providing the Services and in accordance with the directions and specifications as, from time to time, communicated or approved by Company in writing.

1.5. Company shall retain all rights over all its Intellectual Property, including the Software and/or Platform, its name and logo and all rights relating to the publicity and marketing materials. Retail Partner hereby acknowledges that:

(i) the execution of this Agreement does not amount to any transfer to it of any Intellectual Property rights held by Company prior to the execution of this Agreement, nor does this Agreement in any way limit Company’s rights over its Intellectual Property, including the right to license to others; and

(ii) any and all goodwill arising from Retail Partner’s use of Company’s Intellectual Property shall inure exclusively to Company without any compensation.

18.6. Retail Partner hereby agrees and undertakes that at any time:

(i) it shall not take any action, which shall or may impair Company’s right, title or interest in the Intellectual Property, or create any right, title or interest therein or thereto, adverse to that of Company;

(ii) it shall not use the Intellectual Property together with any other mark or marks or any other part of trademark;

(iii) it shall not misuse or permit such unauthorized use of the Intellectual Property;

(iv) It shall use the Intellectual Property only in the form and manner stipulated by Company from time to time and shall observe any directions given by Company from time to time, including as to the colours and size of the representations of the logo, the manner and disposition on any printed matter including the signage on the interior and exterior of the Retail Partner’s office premises and any accompanying leaflets, brochures or other advertising materials prepared by the Retail Partner etc.;

(v) it shall not use the Intellectual Property that is not previously provided for by Company without Company’s prior written consent;

(vi) it shall bring to Company’s notice all cases of infringement or passing off of Company’s Intellectual Property or registration or attempted registration of the same or of any other intellectual property similar thereto. In the event Company undertakes any opposition to or any action to restrain or punish such act or acts, the Retail Partners agrees to cooperate fully and freely with Company in the same. If required by Company, the Retail Partner shall permit Company to undertake such opposition or action in the name of the Retail Partner. The costs of any such action shall be borne by the Parties in such proportion as may be mutually agreed upon; and

(vii) it shall render to Company all assistance in connection with any matter pertaining to the protection of the Intellectual Property whether in courts, before administrative agencies, within or without India, or otherwise.

19. APPLICABLE LAW

This License Agreement is governed by the laws of India excluding its conflicts of law rules.

20 MISCELLANEOUS

20.1.  If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

               

20.2.  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

20.3.  ENGAGEMENT AS THE RETAIL PARTNER

(i) During the Term of this Agreement and subject to the provisions of this Agreement, Company herby engages You and You hereby agree to be engaged as a Retail Partner. As Retail Partner, Company will allow you to access the Website and/or Platform and depending upon the nature of transactions, You shall:

(a) provide Services to Company; and/or

(b) avail services from Company and/or third party service providers through the Website and/or Platform.

(ii) During the Term and subject to the provisions of this Agreement, and unless otherwise specified by Company. the Retail Partner shall at its Retail Outlet:

(a) assist Consumers in undertaking transactions and/or utilizing Company Services;

(b) provide such services to Company as is intimated in writing by Company;

(c) assist Company and/or BPs in the marketing of the Company Services; and/or

(d) undertake such other business activities as instructed by the Company and/or informed by BPs from time to time.

(iii) Retail Partner acknowledges and agrees that its appointment is subject to its continuance compliance with the provisions of this Agreement.

(iv) Company may, in order to manage credit risk associated with the transactions on Website / Platform, require Retail Partners to maintain an amount in advance with Company either directly or with the assistance of BP from time to time. Depending upon the nature of Services, Company may restrict certain/all transactions on Website / Platform on account of insufficiency of such advance amount as is required for such Services. Company may rely on factors including but not limited to the nature of Services and the performance record of Retail Partner in evaluating the sufficiency of advance amount required for any transaction on Website / Platform. The determination of such sufficiency / insufficiency shall be at Company’s sole discretion.