Read the following terms and conditions “T&Cs” carefully before accessing, registering for or using the oongole wallet (as defined below) located at https://www.oongole.com or before availing any e-wallet services that may be offered by KGLLP (as defined below) on the oongole platform (here in after, individually oongole wallet service and collectively, the oongole wallet services).
The oongole wallet is issued by and the oongole wallet services are provided by Keshav Gaugram LLP (“KGLLP”), a limited liability partnership firm registered under the rule 11(3) of the Limited Liability Partnership Rules, 2009 having its registered office in Bharat at Plot No. 1518, Built Up Unit, JLPL, Sector 82, Industrial Park, Mohali, Punjab- 160082.
The customers using oongole wallet may load amounts in the wallet through their credit or debit cards, and the amounts in the oongole wallet may be used for making payments towards transactions done by customers on the oongole platform.
The customers shall not be permitted to make any cash withdrawals from the oongole wallet.
By registering for or using oongole wallet, you accept, represent and warrant that you have the right, authority and capacity to enter into these oongole wallet T&Cs and to abide by all the T&Cs.
Eligibility
The oongole wallet services are not available to persons under the age of 18 or to anyone previously suspended or removed by KGLLP from availing the oongole wallet services or accessing the oongole platform. By accepting the T&Cs or by otherwise using the oongole wallet services on the oongole platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by KGLLP, or disqualified for any other reason, from availing the oongole wallet services or using the oongole platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs.
Customer shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.
In the event of any violation of the T&Cs, KGLLP reserves the right to suspend or permanently prevent you from availing oongole wallet services or using the oongole platform.
Definitions
‘Customer’ or ‘you’ means a person who has registered with oongole platform and avails the oongole wallet, and who has accepted the T&Cs, and a person who owns, operates, or has access to an internet compatible device that supports the oongole wallet and the oongole platform.
‘oongole wallet’ means the closed system pre-paid payment instrument issued by KGLLP.
‘oongole wallet account’ means the customer oongole wallet account classified as closed system payment instruments issued by accepting minimum customer details being customer name, e-mail address, mobile number, which permit payment for purchase of eligible goods from oongole platform.
‘Transaction’ means purchase of eligible products on the oongole platform.
‘Enrolment Form’ means the oongole wallet enrolment form, as is required by KGLLP from the customer at the time of registration for availing or continuation of the oongole wallet.
‘Password’ means the secret password used to secure oongole wallet applications, without knowledge of which your oongole wallet will not be operable.
‘KYC’ stands for know your customer and refers to the personal identification and other information required by KGLLP from you before any oongole wallet services can be delivered. KYC documents/ information may be required by KGLLP from the customer at the time of registration and/or on a later date, for availing and/or continuation of the oongole wallet.
‘T&Cs’ means all the terms and conditions applicable to the customer’s use of the oongole platform and oongole wallet.
Documentation
The collection, verification, audit and maintenance of correct and updated customer information is a continuous process and KGLLP reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.
KGLLP reserves the right to discontinue services or reject applications for oongole wallet at any time if there are discrepancies in information and/or documentation provided by you.
You may be required to complete a verification process by furnishing your details (such as your name and date of birth) to comply with the KYC requirement under applicable laws.
Any information provided to KGLLP with the intention of securing oongole wallet services shall vest with KGLLP, and may be used by KGLLP, for any purpose that is not inconsistent with any applicable law or regulations, at its discretion.
oongole wallet validity
Your oongole wallet account stays active and there is no expiry date for your wallet balance.
General conditions for oongole wallet
oongole wallet is not transferable.
You are permitted to maintain and operate only one oongole wallet.
oongole wallet is available only to resident Bharatiyas who have attained the age of 18 years and are competent to contract.
You will be issued an oongole wallet account immediately after successful registration.
You may note that withdrawing money from oongole wallet is not allowed. Any outstanding credit in the oongole wallet must be utilized only to make payments for bona fide transactions.
No interest will be payable by KGLLP on the available balance reflected on the oongole wallet.
You may add money to or recharge your oongole wallet through online payment methods such as domestic credit/debit card and net banking. However, you will not be able to use prepaid/virtual bank cards, EMI, cards issued outside India or a combination of cards to add money to or recharge your oongole wallet. Except as provided hereunder, amounts in your oongole wallet will not be refunded to you under any circumstances.
You may add money into your oongole wallet up to a maximum of INR 10,000 (Rupees ten thousand) per month. This limit will be inclusive of any credits made by you and any refunds received by you for any transactions in your oongole wallet. Additionally, the balance in your oongole wallet shall not exceeding INR 10,000 (Rupees ten thousand) at any relevant time of determination. These limits may be reviewed and modified at the discretion of KGLLP without any prior intimation to the customer.
KGLLP reserves the right to suspend/discontinue oongole wallet services to you at any time, for any cause, including, but not limited, to the following:
For any suspected violation of the T&Cs;
For any suspected discrepancy in the particular(s), documentation or enrolment form provided by you;
To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure event;
For any infringement of our or a third party’s intellectual property rights;
For decompiling, disassembling or reverse engineering (including any attempts to do the same) any of the software or other materials provided on or through the oongole wallet or oongole platform;
For removing, circumventing or damaging any security features or technical features of the oongole wallet;
For modifying, adapting, copying or making derivative works of the oongole wallet or oongole platform;
If the same is due to technical failure, modification, up gradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
If the mobile connection with which your oongole wallet is related ceases to be operational or in your possession or control;
If KGLLP believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.
In addition to the foregoing, KGLLP or the wallet service provider reserves the right to suspend/ discontinue oongole wallet services to you at any time, for any cause, including for breach of any terms and conditions, privacy policy or any other policies relevant to the oongole wallet services, as provided by the wallet service provider.
Any operation of or continued availability of any facility in respect to the oongole wallet from time to time shall be subject to any requirements under applicable laws, and any new regulations or directions from any regulatory authorities in Bharat.
Confidentiality
You specifically agree that in order to facilitate the provision of oongole wallet, KGLLP may be required to disclose any information or particulars pertaining to you in accordance with the oongole privacy policy.
Customer Obligations
You must ensure the availability of sufficient funds in your oongole wallet before executing any transaction from your oongole wallet.
Information submitted by you for availing oongole wallet and/ or information submitted while using oongole wallet may be shared by KGLLP with any affiliate of KGLLP or any third party, inter alia, to facilitate the provision of oongole wallet or for the purposes specified in the T&Cs.
Any value in your oongole wallet that is utilized towards making payments for any transaction shall be automatically debited from your oongole wallet. KGLLP does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using oongole wallet.
oongole wallet availability is subject to the maintenance of an active mobile phone handset and internet connection with an associated telecom provider on which oongole platform can run and the customer is solely responsible for all liability arising from unavailability of the oongole platform due to a deficient mobile handset or the internet service provider not being able to support any oongole wallet channel or application.
You acknowledge and understand that oongole wallet is linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/ theft/ misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider.
You shall be solely responsible for the confidentiality, safety and security of the password. You shall be responsible for the consequences arising out of disclosure of the password and/or the unauthorized use of oongole wallet. In case the password is lost or misplaced, you shall promptly inform KGLLP by calling on the customer care number where after the existing password will be barred and a new password will be issued to you after necessary validation. In case the mobile phone/SIM card/mobile number associated with your oongole wallet is lost/stolen/misplaced/no longer in your control, you shall promptly inform at oongole care. oongole care will, upon receipt of such information, block the relevant account.
Indemnification
You agree to indemnify, save, and hold KGLLP, its affiliates, contractors, employees, officers, partners, agents and its third party suppliers, licensors, 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 :
Your use or misuse of the oongole wallet;
Any violation by you of the T&Cs, including the oongole wallet terms; or
Any breach of the representations, warranties, and covenants made by you herein. KGLLP reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify KGLLP, including rights to settle, and you agree to cooperate with KGLLP’s defence and settlement of these claims. KGLLP 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 these T&Cs, including the oongole wallet terms.
Additional T&C
Any amount transferred erroneously by the customer, while adding money to or recharging the oongole wallet or while executing transaction on oongole platform, shall not be refunded to the customer by KGLLP in any circumstances.
Any web-link on the oongole platform to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in relation to that web-link.
In the event of any dispute (defined below), KGLLP records shall be binding as the conclusive evidence of the transactions carried out through the use of oongole wallet.
KGLLP shall send all customer communications by SMS and/or e-mail and such SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
You agree to receive all commercial messages including transactional messages from KGLLP.
You agree that nothing in these oongole wallet terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership between you and KGLLP.
Termination, Amendment of Terms-oongole platform
KGLLP may modify, terminate and/ or suspend oongole wallet to the customer anytime with or without prior notice at its sole discretion. KGLLP reserves the right to change, modify, add, or remove portions of these T&Cs (each, a change and collectively, changes) at any time with or without posting notification on the oongole platform. The changes will become effective, and shall be deemed accepted by you, twelve (12) hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the oongole platform, availing the oongole wallet service, or any 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 oongole platform/ oongole wallet. For certain changes, KGLLP may be required under applicable law to give you advance notice, and KGLLP will comply with such requirements. Your continued use of the oongole platform and the oongole wallet following the posting of changes will mean that you accept and agree to the changes.
Assignment; Restrictions on Information Sharing; Privacy
The T&Cs, and any rights granted here under, may not be transferred or assigned by you without KGLLP’s prior written consent which may be with held in KGLLP’s sole discretion, but these T&Cs, and any rights granted here under, may be assigned by KGLLP freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.
By accepting the oongole wallet terms here and the T&Cs in general, you agree to be customers of KGLLP. In addition, by accepting the oongole wallet terms here and the T&Cs in general, you expressly and impliedly provide your free and unconditional consent for the following:
For transferring KGLLP’s rights and obligations under the oongole wallet terms in favour of any affiliate of KGLLP or any third party;
For using the oongole platform and availing the oongole wallet services by you subject to any specific terms and conditions imposed by any affiliate of KGLLP;
For receiving communications, notices and information from KGLLP or any affiliate of KGLLP;
For sharing of business information (including any information relating to you or the services being availed by you) in relation to the oongole wallet service (including data analytics) between KGLLP and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes:
Provision of better services to KGLLP’s customers (including you);
Provision of better services by KGLLP’s vendors and Merchant Establishments;
To prevent any breach of a binding agreement between KGLLP and any affiliate, or authorised third party service providers, or to give effect to any such agreement;
For ensuring compliance with the applicable law or legally compelled disclosures by KGLLP or any affiliate of KGLLP; or
For preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of KGLLP or of any affiliate of KGLLP; or
KGLLP retaining any and all information relating to you till such time as may be required under applicable laws or internal policies. At times KGLLP or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with KGLLP to provide products and services, or that help KGLLP market to customers. Personal information will only be shared by KGLLP to provide or improve KGLLP’s products, services and advertising, and will always be shared in compliance with applicable laws.
It may be necessary − by law, legal process, litigation, and/ or requests from public and governmental authorities − for KGLLP to disclose your personal information. KGLLP may also disclose information about you if KGLLP determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
KGLLP, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders,delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in KGLLP’s products and services offering any products or services from any oongole platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable laws and these companies are obligated to protect your personal information under applicable law.
KGLLP may also disclose information about you if KGLLP determines that disclosure is reasonably necessary to enforce the oongole wallet terms here or the T&Cs in general or protect KGLLP’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of KGLLP’s business or products or services offered through any oongole platform to any persons (including any affiliates), KGLLP may transfer any and all personal information that KGLLP collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees., KGLLP may transfer any and all personal information that KGLLP collects to the relevant transferee or enter into contractual agreements to share such information with such third party transferee.
KGLLP’s privacy policy applies to use of the oongole platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the oongole platform, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the oongole platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Intellectual Property Rights
KGLLP, or its licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other intellectual property rights (hereinafter read as IP Rights), in and to the oongole platform, oongole wallet services, oongole wallet or usage data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the oongole platform, oongole wallet services or oongole wallet or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the oongole platform or oongole wallet or use the oongole platform or oongole wallet to create a competing product. The “oongole” brand is owned and licensed to Keshav Gaugram LLP “KGLLP”. Unauthorized use of “oongole” as a word, trademark, symbol, device mark or word mark, is strictly prohibited. All rights available under applicable law are expressly reserved by KGLLP to use the brand of “oongole” in all its forms and variations.
Disclaimer; No Warranties
KGLLP gives no warranty, express or implied, with respect to the oongole platform and oongole wallet. To the fullest extent permissible, pursuant to applicable law, KGLLP and its third-party partners, licensors and suppliers 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. KGLLP provides the oongole platform and the oongole wallet and any other technology and services on the oongole platform are on an “as is”, “where is”, “with all faults” basis.
No advice or information, whether oral or written, obtained by you from KGLLP or through the oongole wallet or the oongole 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 “KGLLP” includes KGLLP’s officers, partners, employees, agents, licensors, subcontractors and affiliates. You expressly agree that use of the oongole wallet on the oongole 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 oongole platform or on the internet generally.
The oongole wallet and the oongole 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. KGLLP, and its third-party suppliers, licensors, and partners do not warrant that the data, KGLLP software, functions, or any other information offered on or through the oongole wallet services/oongoleplatform 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. You acknowledge that oongole wallet services and oongole platform may be subject to changes at discretion of KGLLP or its authorized wallet service provider.
KGLLP and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the oongole wallet services/oongoleplatform 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 oongole wallet services/oongoleplatform 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 authorize anyone to make any warranty on our behalf and you should not rely on any such statement.
This section shall survive termination of the T&Cs. In no event will KGLLP 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 oongole platform.
Waiver and Release
The failure of KGLLP to exercise or enforce any right or provision of the T&Cs will not constitute a waiver of such right or provision. Any waiver of any provision of the T&Cs will be effective only if in writing and signed by KGLLP. To the maximum extent permitted by law, you waive, release, discharge and hold harmless KGLLP, its affiliates, and each of their partners, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the oongole platform or oongole wallet.
Consent to Electronic Communications and Transactions
By registering to use the oongole wallet, you consent to conduct transactions and receive communications, notices and information from us electronically, relating to your transactions using the oongole wallet as well as any related information regarding oongole platform and its services from KGLLP via SMS, calls or emails or other electronic means during the period of your use of oongole wallet services. You further agree to provide any other consents required under law to facilitate KGLLP sending such messages to you.
Electronic communications shall be deemed to have been received by you when KGLLP sends an electronic communication to your e-mail address/mobile number as per our records, or when KGLLP posts an electronic communication on the oongole platform.
The pre-requisites for effective electronic transactions and communications are as follows:
You must have access to the Internet through a broadband connection or mobile data or through any other applications; and
You must have a valid e-mail address and mobile number. You can withdraw your consent for electronic communication at any time by contacting KGLLP, but KGLLP reserves the right to terminate your oongole wallet account, as the case may be, upon such withdrawal. Withdrawal of your consent for electronic communication will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify KGLLP promptly if your email address, mobile number or other contact information changes by updating your account information or contacting KGLLP
Limitation of Liability
In no event, KGLLP 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:
These T&Cs;
The oongole wallet, the oongole platform or any reference site/app/platform/service; or
Your use or inability to use the oongole wallet, the oongole platform (including any and all materials) or any reference sites/app/platform/service or
Any other interactions with KGLLP, however caused and whether arising in contract, tort including negligence, warranty or otherwise, even if KGLLP or a KGLLP authorized representative has been advised of the possibility of such damages. You acknowledge and agree that KGLLP has offered its products and services, set its prices, and entered into these T&Cs 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 here in reflect a reasonable and fair allocation of risk between you and KGLLP and that the warranty disclaimers and the limitations of liability set forth here in form an essential basis of the bargain between you and KGLLP. KGLLP 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, KGLLP’s liability will be limited to the fullest extent permitted by applicable law. This section of the oongole wallet terms shall survive the termination of these T&Cs.
Dispute Resolution
If any dispute, controversy or claim arises under these T&Cs or in relation to anoongole wallet or the oongole platform, including any question regarding the existence, validity or termination of the oongole wallet terms or the T&Cs in general or these T&Cs (here in after 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, KGLLP may elect to resolve any dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (here in after 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 SAS Nagar, Mohali and the language of this arbitration shall be English. Either you or KGLLP may seek any interim or preliminary relief from a court of competent jurisdiction in SAS Nagar, Mohali necessary to protect the rights or the property belonging to you or KGLLP (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration.Any arbitration shall be confidential, and neither you nor KGLLP 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 KGLLP. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of these T&Cs.
In the event of any Dispute, you agree that KGLLP records shall be considered as conclusive evidence of the Transactions carried out through the use of oongole wallet.
Governing Law
Subject to the dispute resolution section above, you agree that any claim or dispute you may have against KGLLP must be resolved by a court having jurisdiction in SAS Nagar, Mohali. You agree to submit to the personal jurisdiction of the courts located within SAS Nagar, Mohali for the purpose of litigating all such claims or disputes. These T&Cs shall be governed by Indian law. This paragraph shall survive termination of these T&Cs.
Severability
If any provision of the T&Cs in general or as a whole is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from the T&Cs to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Customer Service
Any questions, comments or complaints related to your oongole wallet should be referred to oongole customer care by email to care@oongole.com, or by calling our customer service number at +91-78145 12489.
