Use of the walle8 Platform/walle8 Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the walle8 website located at elogist.in, and all associated sites linked to elogist.in, or the walle8 or Elogist mobile application or any similar platform (hereinafter collectively, the walle8 Platform run by eLogist Solutions Private Limited, having its registered office atGOPAL PURA BYPASS 310, SHREE GOPAL NAGAR 302018 JAIPUR-Jaipur. (hereinafter referred to as walle8 ) on any device and/or before availing any services offered by walle8 on the walle8 Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by walle8 on the walle8 Platform (hereinafter individually, and collectively, the walle8 Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to only walle8 Services, whether offered by eLogist or its affiliates.

Acceptance

By registering on, accessing, browsing, downloading or using the walle8 Platform for any general purpose or for the specific purpose of availing any walle8 Service, You agree to be bound by terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each walle8 Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to any additional or modified service-specific terms and conditions in relation to any walle8 Service or any future service that may be offered by walle8 on the walle8 Platform. By registering on, accessing, browsing, downloading or using (as applicable) the walle8 Platform or availing any walle8 Service, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the walle8 Platform and immediately terminate Your availing the walle8 Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the walle8 Platform or a customer or beneficiary of the walle8 Services, and walle8. All services are rendered by walle8 through the walle8 Platform under the brand name “walle8” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, walle8, regarding your use of walle8’s digital services (which includes but may not be limited to prepaid recharge), the semi closed wallet service, the marketplace service or any such other services which may be added on the walle8 Platform and which will henceforth be a walle8 Service, from time to time. The walle8 Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, walle8 grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the walle8 Platform and/or avail the walle8 Services.

Eligibility

The walle8 Services are not available to persons under the age of 18 or to anyone previously suspended or removed by walle8 from availing the walle8 Services or accessing the walle8 Platform. By accepting the T&Cs or by otherwise using the walle8 Services on the walle8 Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by walle8, or disqualified for any other reason, from availing the walle8 Services or using the walle8 Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, walle8 reserves the right to suspend or permanently prevent You from availing walle8 Services or using the walle8 Platform.

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific walle8 Services and to specific portions or features of the walle8 Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the walle8 Platform or for any walle8 Service offered on or through the walle8 Platform, the latter terms shall control with respect to Your use of that portion of the walle8 Platform or the specific walle8 Service. walle8 may make changes to any walle8 Services offered on the walle8 Platform, or to the applicable terms for any such walle8 Services, at any time, without notice. The materials on the walle8 Platform with respect to the walle8 Services may be out of date, and walle8 makes no commitment to update the materials on the walle8 Platform with respect to such walle8 Services.

Communication Policy

By accepting the T&Cs, You accept the following:

• walle8 will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from walle8 as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the walle8 Platform or availing any walle8 Services. walle8 shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold walle8 liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
• The SMS/e-mail alert/push notification service provided by walle8 is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, walle8 shall be immediately informed about the same by You and walle8 will make best possible efforts to rectify the error as early as possible. You shall not hold walle8 liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
• The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. walle8 shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
• You will indemnify and hold harmless walle8 and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which walle8 or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You.

Use of walle8 Platform

You understand that except for information, products or services clearly indicated as being supplied by walle8, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that walle8 cannot and does not guarantee or warrant that files available for download through the walle8 Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.

Prohibited Conduct

By accessing or using the walle8 Platform or by availing walle8 Services, You agree not to:

• violate the T&Cs;
• impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the walle8 Services, perform any other similar fraudulent activity or otherwise avail walle8 Services with what we reasonably believe to be potentially fraudulent funds;
• infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
• use the walle8 Services if You are under the age of 18 years without a parental sponsor or, in any event, use the walle8 Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
• post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
• post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
• refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to walle8;
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the walle8 Services and the walle8 Platform or features that enforce limitations on the use of the walle8 Services or the walle8 Platform;
• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards walle8 Services or walle8 Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
• use the walle8 Services or the walle8 Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the walle8 Services or the walle8 Platform in an automated manner;
• modify, adapt, translate or create derivative works based upon the walle8 Services and the walle8 Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
• intentionally interfere with or damage operation of the walle8 Services or the walle8 Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
• use any robot, spider, other automatic device, or manual process to monitor or copy the walle8 Platform without prior written permission;
• interfere or disrupt the walle8 Platform or networks connected to the walle8 Platform;
• take any action that imposes an unreasonably or disproportionately large load on walle8’s infrastructure/network;
• use any device, software or routine to bypass the walle8 Platform’s robot exclusion headers, or interfere or attempt to interfere, with the walle8 Services;
• forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the walle8 Platform or to manipulate Your presence on the walle8 Platform;
• sell the walle8 Services, information, or software associated with or derived from it;
• use the facilities and capabilities of the walle8 Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
• breach this Agreement, or any other agreement or policy as may be applicable pursuant to the T&Cs;
• provide false, inaccurate or misleading information;
• use the walle8 Platform to collect or obtain personal information, including without limitation, financial information, about other users of the walle8 Platform, except and only as expressly provided in the T&Cs;
• avail walle8 Services with what walle8 reasonably believes to be potentially fraudulent funds;
• use the walle8 Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to walle8, a third party or You;
• use the walle8 Services in a manner that walle8 or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
• take any action that may cause walle8 to lose any of the walle8 Services from its service providers or lose any of its recharge partners or business partners, including banks, toll operators, telecom companies, payment processors or other suppliers;
• send automated request of any kind to the walle8 Platform without express permission in advance from walle8.

Termination; Agreement Violations

You agree that walle8, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the walle8 Services/walle8 Platform and remove and discard on the walle8 Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your Registered Mobile Number, at any time. walle8 may also in its sole discretion and at any time discontinue providing access to the walle8 Services, or any part thereof, with or without notice. You agree that any termination of Your access to the walle8 Services/walle8 Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that walle8 will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies walle8 may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the walle8 Services/walle8 Platform.

Limitation of Liability and Damages

In no event, walle8 or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the walle8 Services, (iii) the walle8 Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the walle8 Services, the walle8 Platform (including any and all materials) or any reference sites/app/platform/service, even if walle8 or a walle8 authorised representative has been advised of the possibility of such damages. In no event, walle8, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the walle8 Services,(iii) the walle8 Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the walle8 services, the walle8 Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with walle8, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You. You acknowledge and agree that walle8 has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and walle8, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and walle8. walle8 would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, walle8’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold walle8, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the walle8 Services or of the walle8 Platform; (ii) any violation by You of this Agreement or (ii) any breach of the representations, warranties, and covenants made by You herein. walle8 reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify walle8, including rights to settle, and You agree to cooperate with walle8’s defence and settlement of these claims. walle8 will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, walle8 and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from walle8 or through the walle8 Services or the walle8 Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “walle8” includes walle8’s officers, directors, employees. You acknowledge that walle8 is a reseller of services and is not liable for any third party (banks, telecom companies, toll operators, mobile operators or suppliers etc.) obligations due to rates, quality and all other instances. You expressly agree that use of the walle8 Services on the walle8 Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. walle8 does not warrant that the walle8 Services will be uninterrupted or error-free or that defects in the site will be corrected. The walle8 Services and the walle8 Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. walle8, and its partners do not warrant that the data, walle8 software, functions, or any other information offered on or through the walle8 Services/walle8 Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. walle8 and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the walle8 Services/walle8 Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the walle8 Services/walle8 Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorise anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will walle8 be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the walle8 Platform.

Ownership; Proprietary Rights

The walle8 Services and the walle8 Platform are owned and operated by walle8. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the walle8 Services and the walle8 Platform provided by walle8 (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and walle8, all Materials, trademarks, service marks, and trade names contained on the walle8 Platform are the property of walle8. You agree not to remove, obscure, or alter walle8 or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the walle8 Services/walle8 Platform. Except as expressly authorised by walle8, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials. walle8 reserves all rights not expressly granted in this Agreement. If You have comments regarding the walle8 Services and/or the walle8 Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to walle8, and shall assign to walle8, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

walle8 reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the walle8 Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 12 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the walle8 Platform, availing the walle8 Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the walle8 Services/walle8 Platform. For certain changes, walle8 may be required under applicable law to give You advance notice, and walle8 will comply with such requirements.Your continued use of the walle8 Platform following the posting of changes will mean that You accept and agree to the changes.

Notice

walle8 may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the walle8 Platform or by any other reasonable means. Except as otherwise set forth herein, notice to walle8 must be sent by courier or registered mail to ELOGIST SOLUTIONS PRIVATE LIMITED GOPAL PURA BYPASS 310, SHREE GOPAL NAGAR 302018 JAIPUR-Jaipur.

Waiver

The failure of walle8 to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by walle8.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any walle8 Service or the walle8 Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, walle8 may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute 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 Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Jaipur, Rajasthan and the language of this arbitration shall be English. Either You or walle8 may seek any interim or preliminary relief from a court of competent jurisdiction in Jaipur necessary to protect the rights or the property belonging to You or walle8 (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor walle8 may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and walle8. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against walle8 must be resolved by a court having jurisdiction in Jaipur, Rajasthan, India. You agree to submit to the personal jurisdiction of the courts located within Jaipur, Rajasthan, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This Agreement is the entire agreement between You and walle8 relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by walle8 in accordance with the terms of this Agreement.

Eligibility

The walle8 Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by walle8 from availing the walle8 Digital Services or accessing the walle8 Platform. By accepting the T&Cs or by otherwise using the walle8 Digital Services on the walle8 Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by walle8, or disqualified for any other reason, from availing the walle8 Bill Payment and Digital Goods Services or using the walle8 Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, walle8 reserves the right to suspend or permanently prevent You from availing walle8 Services or using the walle8 Platform.