POLICIES
Mitr Sewa Insurance & Fintech Private Limited (U52399UP2021PTC140614), a company incorporated under the provisions of the
Companies Act, 2013, having its registered office at 682, GF Adarsh Colony, Insaf Nagar, Lucknow-226016
hereinafter referred to as the “Company”, which expression shall unless repugnant to the context or meaning
thereof, include its subsidiaries, branches, affiliates, associate companies, successors in office and
permitted assignees from time to time, of the First Part;
hereinafter referred to as the “Mitr Sewak (MS)”, which expression shall unless repugnant to the context or
meaning thereof, include his/her legal heirs, successors and permitted assignees from time to time, of the
Second Part.
The parties above named are referred to individually as “Party” and collectively as “Parties”.
- GENERAL
These terms and conditions shall govern the accessing and availing by You the Services as detailed below
when You as an end user approach us or our Mitr Sewak for the same. By accessing and using the Services,
you as the End User agree to be bound by these terms and conditions of use, including any additional
guidelines and/or future modifications to these terms and conditions ("Terms"). You agree and acknowledge
that the access and use of the Services by You is voluntary and of Your own accord, and that the Terms
shall be binding on you, for access and use of the Services, in India ("Territory"). Your access and use
of the Services shall be subject to the applicable laws, rules and regulations in force in the Territory,
and as may be amended from time to time ("Applicable Laws") Your act of accessing and using the Services,
shall be deemed to be Your absolute agreement to these Terms and Privacy Policy (defined below) of Mitr
Sewa Private Limited ("MSPL") as prescribed from time to time.
- SERVICES
Services herein shall mean the payment services availed by You as an end user ("You/End User") through
Mitr Sewa (Wallet) which is a semi-closed prepaid instrument, operated under the authorisation granted by
RBI under Payment and Settlement System Act 2007, and shall be linked to Your registered mobile number
after Your registration on Wallet. The payment services shall include money transfer services. For the
purpose of availing the Services, You will be required to register Yourself upon providing certain
information. Upon verification and successful registration, Your user account ("User Account") will get
created in the form of a mobile wallet through which You will be able to avail the Services.
- PRIVACY POLICY & DATA PROTECTION
Any personal information You supply to Mitr Sewa Private Limited when using the Services will be used by
MSPL in accordance with its privacy policy ("Privacy Policy") as available in the Website.
- PROPRIETARY RIGHTS AND LICENCE
-
All trademarks, copyright, database rights and other intellectual property rights of any nature
in the Website and Services, any name, mark or logo related to Mitr Sewa and/or the Services are owned
either directly by Mitr Sewa or Mitr Sewa’s licensors. You should not adapt or use otherwise any name,
mark or logo that is identical, or confusingly similar to any of these marks and logos. You agree and
acknowledge that the access and use of the Services and Website shall not be construed to confer on
You any rights of any nature including rights in any form of intellectual property contained in the
Services and/or Website or related to Mitr Sewa. If in the course of accessing and using the Services
and Website, You even unintentionally infringe the rights including rights in any form of intellectual
property of Mitr Sewa or Mitr Sewa’s licensors in the Services, You shall immediately cease and desist
any such use.
-
You agree and confirm that You shall not at any time reveal or make public any and all proprietary
and/or confidential information relating to Mitr Sewa, its business, the Services, that You may gain
access to during the course of accessing and using the Services. Except as expressly authorized by
Mitr Sewa, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works
based on the content comprised on the Website or Services, in whole or in part.
-
CONDITIONS OF USE
-
The Website and the Services are not available to persons under the age of 18 or to anyone previously
suspended or removed from the Services by Mitr Sewa. By accepting these Terms and/or by using the
Website/Services, You represent that You are at least of the age of 18 years.
-
The Website and the Services here under are currently made available to You for Your personal and
non-commercial use. Mitr Sewa reserves the right to amend or withdraw the Website and the Services,
provided to You in accordance with these Terms, at any time and for any reason.
-
You acknowledge that the terms of agreement with Your respective telecom or internet service provider
will continue to apply when using the Services. As a result, You may be charged by the respective
telecom or internet service provider for access to network connection services for the duration of the
connection while accessing the Website and the Services or any such third-party charges as may arise.
You accept responsibility for any such charges that arise, and shall not claim the same from Mitr Sewa
or dispute the same.
-
If you are not the bill payer for the internet services provided by the telecom operator/internet
service provider being used to access the Services, You will be assumed to have received permission
from the bill payer for using the Services.
-
You are solely responsible for your use of the Services. Mitr Sewa does not create, monitor, examine
or inspect the content delivered to You through the Services, if any. Such content may include links
to third-party websites and content. The linked content is not under Mitr Sewa’s control and Mitr Sewa
is not responsible whatsoever for the content of any such linked content. The content does not
represent or reflect any advice, views, opinions or beliefs of Mitr Sewa.
-
You must only use the Services and anything available via the Services for lawful purposes (complying
with all Applicable Laws), in a responsible manner, and not in a way that might damage Mitr Sewa’s
name or reputation or that of any of Mitr Sewa’s affiliates or service providers. You agree and
acknowledge that the use of the information delivered to You through the Services is Your sole
responsibility and that Mitr Sewa shall not at any time be held responsible for any unlawful usage of
the information secured through the Services, by You.
-
You may find advertising or other content delivered with the use of Services that link to the sites
and mobile applications and services of Mitr Sewa’s partners, advertisers, sponsors, licensors and
other third parties and service providers. Mitr Sewa does not control the content, advertisement or
links that appear through the Services and are not responsible for the practices employed by those
websites and mobile applications linked to or from the Services. In addition, these sites and mobile
applications or services, including their content and links, may be constantly changing. These sites
and mobile applications and services may have their own terms of use and customer service policies.
Browsing and interaction on any other website, advertisements and mobile applications which have a
link in the Services, is subject to that website’s, advertisements and mobile applications own terms
and policies. You may find campaigns and offers organized by Mitr Sewa (on its own or along with Mitr
Sewa’s partners, Suppliers, advertisers, sponsors, licensors and other third parties and service
providers), from time to time which may be made available to You in the course of Your access and use
of Services. If You choose to participate in such campaigns and offers, You agree that Your
participation shall be voluntary and at Your sole discretion. Further, You should read and understand
fully the contents of such campaigns and offers and should be in agreement with them before Your
participation. These campaigns and offers may have their own terms of use and customer service
policies available on their respective websites and You agree to such terms of use and policies before
You participate in any of them. Mitr Sewa shall not be liable for any costs, liabilities, expenses and
damages to You or any third parties arising out of and in course of Your participation in such
campaigns and offers and Your availing the benefits therefrom
-
You will not, nor allow third parties on Your behalf to (i) make and distribute copies of the Website
(ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer,
exchange or translate the Website; or (iii) create derivative works of the Website of any kind
whatsoever.
-
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any
manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to
"indecent representation of women" within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986;
-
harm minors in any way;
-
infringes any patent, trademark, copyright or other proprietary rights or third party’s trade
secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of
counterfeit or stolen items;
-
violates any law for the time being in force;
-
deceives or misleads the addressee/ users about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
-
impersonate another person;
-
contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms,
time bombs, cancelbots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any
system, data or personal information;
-
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any cognisable offence
or prevents investigation of any offence or is insulting any other nation.
-
shall not be false, inaccurate or misleading;
-
CONDITIONS OF USE SPECIFIC TO THE SERVICES
You agree and acknowledge the following:
- You are solely responsible for entering the correct information (name, phone number, email
address, home address, Date of Birth, Gender etc.);
-
Mitr Sewa is not responsible for faulty internet connection or electricity failure or any other
problem on Your side while availing the Services;
-
Mitr Sewa shall not in any way be liable for any delay, disruption or defects in the online
payment facility provided by any financial institution/bank/payment gateway service provider. You
acknowledge that You assume all the risks involved in using the online payment facility provided
by the financial institution/bank/payment gateway service providers and Mitr Sewa shall not be in
any way liable for any damage, loss, expense, liability or detriment caused (directly or
indirectly) by a defect in said online payment facility.
-
You can approach to Mitr Sewa to close your account and withdraw the amount lying in your user
account. You need to raise a request to Mitr Sewa to transfer the amount in your bank account.
Mitr Sewa shall verify the authenticity of the customer and amount shall be paid directly in the
bank account. Post withdrawal of amount Mitr Sewa shall close the account.
-
Your correspondence or related activities with third parties, including payment transactions under
the Services are solely between You and that third party. You agree that MITR SEWA 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.
-
Fee-based Services require You to pay a charge or fee, as described in the specific conditions
included where those Services are offered:
- You agree to pay all fees and charges which are specified for availing any fee-based
Services. Unless otherwise noted, all currency references are in Indian Rupees.
-
MITR SEWA may, upon notice if required by applicable laws, at any time change the amount of,
or the basis for determining, any fee or charge, or institute new fees or charges.
-
All taxes, levies, cesses or statutory claim for the charge or fee paid to MITR SEWA shall be
borne and paid by you, whether past, present or future, including penalties or claims of any
nature whatsoever.
-
The cost of connectivity including but not limited to voice calls, GPRS activation charges,
internet charges and charges for sending/receiving SMS from designated numbers will be borne
by You as per the charges specified by Your respective service providers.
-
Refund of amount loaded/reloaded in User Account, as the case may be, will be done in accordance
with regulatory framework prevailing and as amended from time to time.
-
MITR SEWA shall not be liable/ responsible for any defect in the
product/merchandise/goods/services purchased/availed from third parties through Wallet.
-
MITR SEWA is not responsible in any manner whatsoever for non-provisioning of the Services due to
GPRS/EDGE/3G failure/internet connectivity failure/download error.
-
You understand and agree that password and other information with respect to your User Account are
confidential information.
-
You agree to immediately change the password on receipt and to continue changing the password
periodically (recommended every 15 days).
-
You agree that MITR SEWA shall not be responsible if you share your password and other
confidential information about Your User Account with any person or fail to abide by the advice
given in these Terms about changing password periodically.
-
You understand and agree that Your User Account is linked to your registered mobile number.
-
MITR SEWA will not be held liable for unauthorized use of User Account on account of
loss/theft/misplacement of Mobile number and/or SIM, unless You have informed MITR SEWA customer
care about such loss/theft/misplacement and have blocked User Account temporarily till You
reactivate the same using a new SIM with same mobile number. It must be noted that You shall
continue to be held liable for any unauthorized use of your User Account till You inform MITR SEWA
customer care about such loss/theft/misplacement and Your request for blocking your User Account
is executed.
-
You agree and acknowledge that MITR SEWA shall not be responsible for any use/misuse of User
Account in any manner whatsoever.
-
MITR SEWA may amend the procedure and process of creation and operation of User Account in
compliance with any laws or direction/order of any government/ statutory/regulatory authority
and/or court, with or without intimation to the User.
-
As of now Mitr Sewa is providing Services in the Territory only, therefore only individuals of 18
years or older and residing in India may enroll for the Services. Mitr Sewa reserves the right to
prevent access to the Website and the Services there under from mobile number or IP addresses
outside of India.
-
You agree and undertake that You shall not use or create fake ID or provide any fake/false profile
information for availing the Services through the Website.
-
You agree to promptly notify Mitr Sewa of any change in Your mobile number or email address or any
other details in Your personal profile by sending an e-mail to customercare@mitrsewa.in.
-
Mitr Sewa will not be liable to pay any compensation if any error occurs due to any technical or
manual fault at the end of the web server holder.
-
You are solely responsible for Your device and the internet services that connect Your said device
to the Website.
-
You agree and confirm that You shall not be entitled to opt out of receiving transactional
messages pertaining to the Services.
-
You agree and confirm to provide MITR SEWA any and every detail MITR SEWA requires to obtain from
You, including such other personal or proprietary information relating to any of Your acts or
omissions or violations of other persons who may be a party with You, on suspicion or otherwise in
relation to the use of Website.
-
MODIFICATIONS AND INTERRUPTION TO SERVICE
Mitr Sewa reserves the right to modify or discontinue the Service with or without notice to You. Mitr Sewa
shall not be liable to you, or any third party should Mitr Sewa exercise its right to modify or
discontinue the Service. You acknowledge and accepts that Mitr Sewa does not guarantee continuous,
uninterrupted or secure access to Website and operation of our Website may be interfered with or adversely
affected by numerous factors or circumstances outside the control of Mitr Sewa.
-
COLLECTION OF END USER INFORMATION
You agree and acknowledge that Mitr Sewa may collect IP address and Website usage information from you.
Mitr Sewa may use the above information, inter alia.
- to maintain, operate, provide and enhance our Website and Services; and
- to comply with legal requirements or process, or where necessary to prevent or investigate fraud, to
protect the safety of an individual. Mitr Sewa may share Your personally identifiable information with
suppliers, subcontractors, vendors and other businesses that we employ to perform functions on our
behalf. For example, Mitr Sewa may employ third parties to send email campaigns or provide marketing
assistance, or provide customer service. These entities have access to Your information only for the
purposes of performing the functions for which we have engaged them. If such entities have access to
Your personally identifiable information, their agreements with us require them to keep Your
information confidential.
-
AVAILABILITY
-
Mitr Sewa will use reasonable efforts to always make the Services available. However, you acknowledge
the Services are provided over networks of internet service providers and dependent on them, so the
quality and availability of the Services may be affected by factors outside of Mitr Sewa’s reasonable
control. In the event the Services are unavailable to You for any factors not attributable to Mitr
Sewa and due to any reasons attributable to any third party service provider, Mitr Sewa shall not be
responsible for the same in any event whatsoever.
-
You hereby agree and confirm that Mitr Sewa shall not be held liable for any unavailability or
non-functionality of the Website or Services due to war, industrial action, flood, or act of God. You
further agree and confirm that Mitr Sewa shall not be responsible for any disruption in the
functionality of the Services and/or any unavailability in the Services, arising due to the internet
service provider and/or any other third party, and/or any intermediary who may deliver the Services to
You and that You shall not hold Mitr Sewa liable for any of the same.
-
SYSTEM REQUIREMENTS
-
In order to access and use the Services, You are required to have a mobile, computer or laptop or any
compatible device with internet connectivity.
-
It is Your responsibility to ensure Your device meets all the necessary technical specifications to
enable You to access and use the Services.
-
TERMINATION
Notwithstanding any remedies that may be available under any Applicable Law, Mitr Sewa may temporarily or
permanently deny, limit, suspend, or terminate the Services provided to You, if Mitr Sewa believes that:
(a) You have abused Your rights to use the Services; or
(b) You are in breach of this Terms or Privacy
Policy; or,
(c) You have performed any act or omission that violates any Applicable Law, rules, or
regulations; or,
(d) You have performed any act or omission which is harmful or likely to be harmful to
Mitr Sewa, or any other third party, including other users or suppliers of Mitr Sewa or the service
providers; or,
(e) You made use of the Services to perform an illegal act, or for the purpose of enabling,
facilitating, assisting or inducing the performance of such an act; or,
(f) You made any confidential
and/or proprietary information pertaining to the Mitr Sewa and/or the Services public without the prior
written consent of Mitr Sewa. You agree that notwithstanding the termination, Mitr Sewa will continue to
be entitled to use the information supplied by You or collected from You during the use and access of the
Services by You.
-
LIMITATION OF LIABILITY
MITR SEWA, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT
COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES WILL NOT BE LIABLE, TO THE MAXIMUM EXTENT
PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY
OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND
PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE,
INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY
RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO ACCESS AND USE THE WEBSITE OR THE SERVICES,
OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT OR ERROR MADE
BY MITR SEWA'S STAFF, OR FROM YOUR RELIANCE ON CONTENT DELIVERED THROUGH THE SERVICES, OR FROM ANY
COMMUNICATION WITH MITR SEWA OR FROM ANY DENIAL OR CANCELLATION OF REQUEST FOR INFORMATION THROUGH THE
SERVICES, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT THROUGH THE
SERVICES, REGARDLESS OF WHETHER MITR SEWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
DISCLAIMER OF WARRANTIES
-
EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS, MITR SEWA EXPRESSLY DISCLAIMS ANY OTHER WARRANTY WITH
RESPECT TO THE USE OF THE WEBSITE/SERVICES OR ANY CONTENT OR INFORMATION DELIVERED OR SENT THROUGH THE
SERVICES TO YOU. THE SERVICES ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF
QUALITY, RELIABILITY OF THE INFORMATION DELIVERED THROUGH THE SERVICES. MITR SEWA DISCLAIMS ALL
EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SERVICES. MITR SEWA DOES NOT WARRANT OR GUARANTEE
THAT THE USE OF THE SERVICES WILL NOT CAUSE ANY DAMAGES TO YOUR MOBILE PHONE, COMPUTER/LAPTOP AND ANY
OTHER COMPATIBLE DEVICE OR TO ANY OTHER SERVICES PROVIDED TO YOUR MOBILE PHONE, COMPUTER/LAPTOP AND
ANY OTHER COMPATIBLE DEVICE OR WEBSITE AND CONTENT THAT RESIDE ON YOUR MOBILE PHONE, COMPUTER/LAPTOP
AND ANY OTHER COMPATIBLE DEVICE. YOU AGREE AND ACKNOWLEDGE THAT THE USE, AND ACCESS OF THE SERVICES IS
ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
-
MITR SEWA DOES NOT WARRANT OR GUARANTEE THAT THE WEBSITE AND SERVICES WILL OPERATE IN AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR
FREE FROM ERRORS OR THAT THE SERVICES WILL BE IMMUNE FROM UNAUTHORIZED ACCESS.
-
MITR SEWA DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT YOU WILL FIND THE SERVICES
SUITABLE FOR YOUR NEEDS. MITR SEWA DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION YOU RECEIVE TO
YOUR MOBILE, COMPUTER/LAPTOP AND ANY OTHER COMPATIBLE DEVICES WILL BE FREE FROM TECHNICAL
INACCURACIES.
-
MITR SEWA CANNOT AND DOES NOT GUARANTEE THAT THE WEBSITE AND/OR SERVICES WILL BE FREE FROM VIRUSES
AND/OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. IT IS YOUR RESPONSIBILITY TO
IMPLEMENT APPROPRIATE SECURITY SAFEGUARDS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISY
YOUR PARTICULAR REQUIREMENTS AS TO THE SAFETY AND RELIABILITY OF THE SYSTEM.
-
MITR SEWA WILL BE ENTITLED TO USE, SUBJECT TO THE PRIVACY POLICY AS DEFINED ABOVE, ANY INFORMATION
SUPPLIED BY YOU DURING THE COURSE OF ACCESSING AND USING THE SERVICES.
-
INDEMNIFICATION
You agree to indemnify and hold Mitr Sewa, the licensors, business partners of Mitr Sewa or the service
providers and their respective officers, directors, shareholders, employees, sub-contractors, agents,
parent companies, sister companies, subsidiaries and other affiliates, indemnified and harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of
Your use of the Website or Services, any unauthorised use of the Website/Services by You, Your violation
of these Terms, or Your violation of any rights including rights in any form of intellectual property of
any third party and/or any violation of applicable law by You.
-
AMENDMENTS TO THE TERMS
Mitr Sewa may amend and modify this Terms from time to time, including any and all documents and policies
incorporated thereto without any prior notice to You. You agree to be bound by any of the changes made in
the Terms, including changes to any and all documents and policies incorporated thereto. Continuing to
access and use the Services will indicate Your acceptance of the amended Terms. If You do not agree with
any of the amended Terms, then You must avoid any further use and access of the Services. Mitr Sewa
advises You to periodically read these Terms, as it may change from time to time.
-
ENTIRE AGREEMENT
The "Terms" including the Privacy Policy constitutes the entire agreement between You and Mitr Sewa and
governs Your access and use of the Services, superseding any prior agreements between You and Mitr Sewa
with respect to the Website and Services.