1. The access and use of this website http://www.kediatech.com/and Account mobile app (herein after referred to as app) are subject to the following terms and conditions of use ("Conditions" and/or "Terms"). If you do not agree to abide by the conditions, please do not review, refer or download materials from this website/app. Kediatech Account is an initiative of Kedia Technologies Ltd ("KTL"), which has several web-sites and/or all web-sites owned by KTL (collectively referred to as "KTL sites" or "Its web-sites")
2. KTL reserves right to modify these Terms at any point of time without notice to you by posting revised Terms on its web-sites/app. Your use of its web-sites/app constitutes your binding acceptance of these Terms, including any modifications that KTL makes. The payment gateway page request for user to accept terms for each payment transaction signifies this consent explicitly.
3. Some of the Services may be subject to additional posted Terms & Conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
4. KTL have the right, but not the obligation, to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice:-
A) Restrict, suspend, or terminate your access to all or any part of its Services;
B) Change, suspend, or discontinue all or any part of its Services;
C) Refuse, move, or remove any material that you submit to it's web-sites/app for any reason;
D) Refuse, move, or remove any content that is available on its web-sites/app or on its social media;
E) Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of its web-sites/app .
F) You agree that KTL will not be liable to you or any third party for taking any of these actions.
G) Some of above actions may be result of any transaction activity which may come under “suspicious transactions” and would require immediate action without prior intimation as per current regulatory framework.
5. You understand and agree that its Services may include communications such as service announcements and administrative messages from KTL or from its partners or licensors or associates and that these communications are considered part of the Services.
6. You will not be able to opt out of receiving transactional messages. You also understand that its Services may include advertisements unless you have opted out by signing for Do Not Disturb registry for non-transactional messages. All messages related to financial transaction will continue to be delivered.
7. You irrevocably and unconditionally agree, confirm, undertake and accept these terms, and other terms and conditions on registration, for access to or use of any contents, games or materials on its web-sites/app.
8. Any amendment to these terms, and other terms and conditions from time to time shall be deemed to be accepted by you and shall be an integral part of the original terms, and other terms and conditions.
9. You confirm to provide KTL any and every detail KTL requires to obtain from you, including such other personal or proprietary information relating to any of your acts or omissions or violations or other persons who may be a party with you, on suspicion or otherwise in relation to the use of KTL site/app.
10. Other web-sites, products, and services
KTL web-sites/app contain links to other Internet web-sites owned by third parties and/or other web-sites owned by KEDIA Group of Companies and/or KTL. Your use of each of those web-sites is subject to the terms and conditions, if any, that each of those web-sites has posted. Its inclusion on its web-sites/app of any third-party content or a link to a third-party site is not an endorsement of that content or any web-site to which its web-sites/app contain links.
11. The Accountis a semi-closed prepaid instrument, under RBI regulated Payment and Settlement System Act 2007, and is linked to your registered Mobile Number. The value in the account can be used by you for money transfer services, recharges and to make payments for purchase of good/or services from any merchant associated/registered with the Etran Account. Use of Accountrepresents payment instrument used for the above purpose and does not represent sale, resale, or licensing any of the products or the services that KTL review, list, or advertise on its web-sites/app, and KTL disclaim any responsibility for or liability related to them.
Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. Any account not transacting for 6 months or more may be treated as expired and the value may be forfeited. Such account user will be intimated through SMS information to this effect in accordance with regulatory frame work prevailing and amended from time to time.
You agree that KTL will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
12. Contest, Competitions and Events:
If a contest, competition or event is organized by KTL on any web-site(s)/app ; it shall be governed by the terms stated herein in addition to other terms and conditions which may be specifically applied per contest, competition or event.
KTL employees, relatives, affiliates, and friends cannot participate in any contest, competition or event and shall stand disqualified with immediate effect even if participated and shall be liable to return the prize or benefit received and at its sole discretion pay penalty, damages and compensation and indemnify KTL against any claims, expenses or liability from any person, entity or third party by this act or omission of the employees or relatives.
13. Fee-based services, contests, competition or complementary gifts and prizes some of the Services require you to pay a charge or fee, as described in the specific conditions included where those Services are offered.
A) You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in Indian Rupees.
B) KTL may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges.
C) All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
D) All taxes, levies, cesses or statutory claim for the charge or fee paid to KTL or for contest competition or complimentary gifts and prizes shall be borne and paid by you, whether past, present or future, including penalties or claims on any nature whatsoever.
E) All contest, competition and complimentary winnings shall be exclusive of taxes, stamp duty, registration charges, levies, cesses and fees of lawyers engaged by KTL, and administrative charges, as notified in the contest from time to time. These taxes and levies etc would have to be borne by account user.For all contest, competition and complimentary, you will be liable for compliance under all laws of Land.
F) Non compliance by you of any law shall entitle KTL return of any prize or gifts and indemnification against any claims, expenses or liabilities by any person, entity or third party including statutory authorities.
G) The cost of connectivity including but not limited to voice calls, GPRS activation charges, charges for sending/receiving sms from designated numbers will be borne by you and charges for aforementioned will be specified by your telecom operators.
14. General Terms for use of Etran Account: Etran Account is a trade name used by Kedia Technologies Limited (hereinafter also referred as "Kediatech"). Kediatech Account can only be obtained by individuals who has capacity to contract as per Section 11 of The Indian Contract Act,1872 which specifies ‘that every person is competent to contract provided:
A) He should not be a minor i.e. an individual who has not attained the age of majority i.e. 18 years in normal case and 21 years if guardian is appointed by the Court.
B) He should be of sound mind while making a contract. A person, who is usually of unsound mind, but occasionally of sound mind, can make a contract when he is of sound mind. Similarly if a person is usually of sound mind, but occasionally of unsound mind, may not make a valid contract when he is of unsound mind.
C) He is not a person who has been personally disqualified by law to which he is subject’
a) A minor under a guardianship of a person who has capacity to contract may hold and use Kediatech Account under such guardianship
b) A Minor having age of more than 10 years may hold Kediatech Account subject to reasonable restriction imposed by Kediatech and subject to any direction of any regulatory Authority for the time being in force.
15. These terms and conditions as well as any amendments thereof are part of a contract between you and Kedia Technologies Limited ("KTL") and govern the use of Kediatech Account.
a) Any duplication/cloning of an Kediatech account will be subject to cancellation and necessary legal action, if required by KTL.
b) Amount loaded in Kediatech Account, being a semi-closed account, in no case will be refunded to any Customer for any reason whatsoever.KTL shall not be liable/ responsible for any defect in the product/merchandise/goods purchased through Kediatech’s third parties. Kediatech will only assist on service failures of recharges and bill payments availed on Kediatech Account.
c) KTL does not warranty against any damage or defect for the services delivered through above mentioned transactions.
d) KTL Products/Services for select content are handset dependent. Kediatech is not responsible in any manner whatsoever to provide Services to a Customer not using compatible handset.
e) Kediatech Account and other KTL Products/Services made available on Kediatech Account mobile applications are GPRS/EDGE/3G Dependent and cannot be availed by you in the event of GPRS/EDGE/3G failure and/or download error.
f) Kediatech is not responsible in any manner whatsoever for non provisioning of the services due to GPRS/EDGE/3G failure/connectivity failure/download error.
g) Kediatech Account Products/Services for select content is Operator dependent. Kediatech is not obligated to provide Services to the Customers in relation to the areas/ Operators/ Service Providers not mentioned herein.
h) GPRS/EDGE provisioning on handsets are governed by terms of respective Operator.
i) You understand and agree that password and other information with respect to your Kediatech Account account are confidential information.
j) You agree to immediately change the password on receipt and to continue changing the password periodically (recommended every 15 days).
k) You agree that Kediatech Account shall not be responsible if you share your password and other confidential information about your Kediatech Account account with any person or fail to abide by the advice given in this document about changing password periodically.
l) You understand and agree that your Kediatech Account account is linked to your registered mobile number.
m) KTL will not be held liable for unauthorized use of Kediatech Account on account of loss/theft/misplacement of Mobile number and/or SIM, unless you have informed Kediatech Account customer care about such loss/theft/misplacement and have blocked account temporarily till you reactivate the same using a new SIM with same mobile number.
n) It must be noted that you shall continue to be held liable for any unauthorized use of your Kediatech Account account till you inform Kediatech Account Customer care about such loss/theft/misplacement and request for blocking your account account is executed.
o) KTL shall not be responsible for any misuse of Kediatech Account
p) KTL may deal, amend , with the Kediatech Account or accounts in compliance with any direction of any competent authority, laws, order or court with or without intimation to the account Holder.
q) Kediatech Account shall not be responsible for any Operator nor be held responsible for not having any specific unit required in its Product Portfolio.
r) Kediatech is not obligated to provide Services to the Customers in case the Operator/Service Provider does not have the required product or the required denomination.
17. Your conduct on its web-sites
If KTL request registration information from you, you will provide KTL with true, accurate, current, and complete information.
A) You will promptly update your registration to keep it accurate, current, and complete.
B) If KTL issues you a password, you must not reveal it to anyone else for safety of your Kediatech Account.
C) You are responsible for maintaining the confidentiality of your accounts and passwords.
D) You agree to immediately notify KTL of any unauthorized use of your passwords or accounts or any other breach of security.
E) You also agree to exit from your accounts at the end of each session.
F) KTL will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
G) The technology and the software underlying its web-sites/app and the Services is the property of Kedia Technologies Limited, its affiliates, and its partners or licensors or associates.
H) You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying its web-sites/app or the Services.
I) You agree not to modify the software underlying its web-sites/app in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to its web-sites/app .
J) Without limiting the foregoing, you agree that you will not use the services offered through its web-sites/app to take any of the following actions:
a) Obscene, offensive, indecent, racial, hatred to religion, anti-national, objectionable, defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
b) Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content.
c) transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, its web-sites/app, any software or hardware, or telecommunications equipment;
d) Advertise or offer to sell any goods or services for any commercial purpose unless you have its written consent to do so;
e) Transmit web-sites/app, services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
f) Download any file, recompile or disassemble or otherwise affect its products that you know or reasonably should know cannot be legally obtained in such manner;
g) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
h) Restrict or inhibit any other user from using and enjoying any public area within its web-sites/app;
i) Collect or store personal information about other end users;
j) Interfere with or disrupt its web-sites/app, servers, or networks;
k) Impersonate any person or entity, including, but not limited to, a representative of Kedia Technologies Limited or falsely state or otherwise misrepresent your affiliation with a person or entity;
l) Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its web-sites/app or to manipulate your presence on its web-sites/app;
m) Take any action that imposes an unreasonably or disproportionately large load on its infrastructure/ network;
n) Engage in any illegal activities.
o) You agree to use its bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
K) Unauthorized access to its web-sites/app is a breach of these Terms and a violation of the law.
L) You agree not to access its web-sites/app by any means other than through the interface that is provided by Kediatech Services (India) Private Limited for use in accessing its web-sites/app.
M) You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of its web-sites/app, except those automated means that KTL have approved in advance and in writing.
N) Use of its web-sites/app is subject to existing laws and the Terms Any violation by you of any terms of this Terms and Condition or the laws of land may result in severe civil and criminal prosecution under respective laws, penalties, forfeiture of Kediatech Account Balance, suspension of Kediatech Account Account, black listing to the all KTL web-sites/app and intimation/disclosure to the third to third parties to whom KTL deems necessary. Any violators may be prosecuted to the maximum extent possible.
O) All rights reserved. Any rights not expressly granted herein are reserved.
P) Nothing contained in these Terms shall limit its right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of its web-sites/app. Contact email@example.com with problems or questions, as appropriate.
Personal, non-commercial use:
You shall not download, reformat, and print content from www.kediatech.com/ and Kediatech Account mobile app for your personal and commercial use other than payment receipts.
Q) In accessing www.kediatech.com web pages/app, you agree that you may only access the content for your own personal non-commercial use.
R) You shall also not include excerpts or limited portions of information from www.kediatech.com/app in printed memos, reports, and presentations or any other manner.
Kediatech Requests you to inform us in writing to remove certain content from its web-sites/app, if you believe that content have been copied, are offensive and have been published in a manner that violates your intellectual property rights.
18. Copyright Notice:
All rights, including copyright/trademark, in the content of www.kediatech.com web-sites/app are either owned or controlled by Kedia Technologies Limited or used with due permission of owner of that right. In accessing www.kediatech.com pages/app, you agree that you may only access the content for your own personal non-commercial use.
Except where expressly stated otherwise, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of www.kediatech.com web pages/app for any other purpose whatsoever without the prior written permission of Kedia Technologies Limited. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Copyright 2006 – Kedia Technologies Limited, Hyderabad India.
All rights reserved. Any rights not expressly granted herein are reserved.
Contact firstname.lastname@example.org with problems or questions, as appropriate.
The information, software, products and services included in or available through the Kediatech Account sites/app/services may include interruptions, inconsistencies, errors, inaccuracies or typographical errors. Changes are periodically made to the Kediatech Account sites/app/services and to the information therein. Kedia Technologies Limited (hereinafter “KTL”) and/or its respective suppliers may make improvements and/or changes in the Kediatech Account sites/app/services at any time. Information and advice stated or received via the Kediatech Account sites/app/services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
KTL and/or its respective suppliers make no representations and warranties about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Kediatech Account sites/app/services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. KTL and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
This site may contain links to other web sites operated by third parties ("linked sites"). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains the KTL logo, advertisements and/or other content selected by KTL. You acknowledge that KTL and its sponsors neither endorse nor are affiliated with the linked site and are not responsible for any content of any linked site or any link contained in a link site, or any changes or updates to such sites. You also acknowledge that KTL is providing these links to you only for your convenience. You specifically agree that KTL shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an Kediatech Account sites/app/services. You specifically agree that KTL is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that KTL is not responsible for any content sent using and/or included in an KTL site/app/service by any third party. In no event shall KTL and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Kediatech Account sites/app/services, with the delay or inability to use the Kediatech Account sites/app/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Kediatech Account sites/app/services, or otherwise arising out of the use of the Kediatech Account sites/app/services, whether based on contract, tort, negligence, strict liability or otherwise, even if KTL or any of its suppliers has been advised of the possibility of damages. KTL does not endorse in anyway any advertisers/ contents of advertisers on its web-pages. Please therefore verify the veracity of all information on your own before undertaking reliance and acting thereupon. KTL shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. This agreement is governed by the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of Courts in Secunderabad, India in all disputes arising out of or relating to the use of the Kediatech Account sites/app/services. Use of the Kediatech Account sites/app/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold KTL, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Kediatech Account sites/app/services. KTL reserves the right to disclose any personal information about you or your use of the Kediatech Account sites/app/services, including its contents, without your prior permission if KTL has a good faith belief that such action is necessary to:
(1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of KTL or its affiliated companies;
(3) enforce the terms or use; or
(4) act to protect the interests of its members or others. KTL's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KTL's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Kediatech Account sites/app/services or information provided to or gathered by KTL with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KTL with respect to the Kediatech Account sites/app/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KTL with respect to the Kediatech Account sites/app/services. Kediatech Account app users agree that Kediatech will not be held liable for not updating account account on real time bases due to any technical reason, such as internet connection, system up-gradation or maintenance or any incident which is beyond the control of Kediatech in spite of all due care. The Kediatech Account user do hereby agree that he/she will refresh or re- login after interval of a time for his updated balance with his Kediatech Account app Account and for any transaction there from.
20. Dispute Resolution – Arbitration
Kedia Technologies Limited may elect to resolve any controversy or claim arising out of or relating to these Terms or its web-sites/app by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in secunderabad, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or KTL may seek any interim or preliminary relief from a court of competent jurisdiction in secunderabad, India, necessary to protect the rights or the property of you or Kedia Technologies Limited. (Or its agents, suppliers, and subcontractors), pending the completion of arbitration. The language of Arbitration shall be English. Governing Laws and Courts: Subject to Arbitration, the parties irrevocably agree and undertake that any controversy or claim arising out of or relating to these Terms or its web-sites/app shall be adjudicated exclusively before a competent court in secunderabad, India only. The terms and its web-sites/app shall be governed by the laws of India.
KTL may be required under any legislation, to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon its posting them on its web-sites/app or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide KTL with accurate information, KTL cannot be held liable if KTL fail to notify you. You have the right to request that KTL provide such notices to you in paper format, and may do so by contacting: email@example.com. Its failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of its web-sites/app or these Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Kedia Technologies Limited and govern your use of its web-sites/app, superseding any prior agreements that you may have with KTL. These Terms shall be construed in accordance with the laws of India, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Secunderabad, India if seeking interim or preliminary relief or enforcement of an arbitration award. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.