Terms of Service

Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site (defined below). By accessing or using the Site or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services.

Your Agreement to these Terms and Conditions for availing Service

The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and Hoorray Payment Services Private Limited having its registered offfice at “D1-401, Ganga Orchard, Pinglewasti, Mundhwa, Pune, India, Pin 411036”.

Truepay Payment Sevices Pvt Ltd is a service provider to the merchants to facilitate issue of coupons which can be redeemed from the same merchant within a prescribed time period. Truepay Payment Sevices Pvt Ltd is, in no way, involved in monitoring or guaranteeing the quality of the services or performance of the products delivered by the merchants issuing the coupons.

Hoorray can no way be held responsible for any losses damages or liabilities arising out of the use of the coupons due to the products or services availed through the technical platform provided by Hoorray Payment Services Private Limited.

The merchants issuing coupons are independent contractors and nothing in these Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership. These Terms constitute the entire agreement between you and us regarding its subject matter and supersede all prior and contemporaneous undertakings and agreements between the parties, whether written or oral, with respect to that subject matter. Should any provision of these Terms be deemed unenforceable or invalid, the other provisions of these Terms shall remain in full force and effect. You cannot assign the Terms or delegate your obligations under these Terms without the express written consent of Truepay Payment Services Pvt Ltd. The prevailing party in any action relating to these Terms shall be entitled to recover its reasonable legal fees, costs and disbursements incurred in connection therewith from the non- prevailing party.

Termination; Agreement Violations
You agree that Truepay Payment Services Pvt Ltd, 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 Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. Truepay Payment Services Pvt Ltd may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Truepay Payment Services Pvt Ltd will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Truepay Payment Services Pvt Ltd may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.

Limitation of Liability and Damages
In no event will Truepay Payment Services Pvt Ltd or its contractors, agents, licensors, partners, suppliers 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 services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if Truepay Payment Services Pvt Ltd or a Truepay Payment Services Pvt Ltd authorized representative has been advised of the possibility of such damages. In no event will Truepay Payment Services Pvt Ltd or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with Truepay Payment Services Pvt Ltd, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Hundred Rupees (Rs.100), whichever is less. You acknowledge and agree that Truepay Payment Services Pvt Ltd 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 Truepay Payment Services Pvt Ltd, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Truepay Payment Services Pvt Ltd. Truepay Payment Services Pvt Ltd would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, Truepay Payment Services Pvt Ltd’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.

Indemnification
You agree to indemnify, save, and hold Truepay Payment Services Pvt Ltd, its affiliates, contractors, employees, officers, directors, 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 Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. Truepay Payment Services Pvt Ltd reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Truepay Payment Services Pvt Ltd, including rights to settle, and you agree to cooperate with Truepay Payment Services Pvt Ltd’s defense and settlement of these claims. Truepay Payment Services Pvt Ltd 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, Truepay Payment Services Pvt Ltd and its third-party partners, licensors, and suppliers disclaim all warranties, 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 Truepay Payment Services Pvt Ltd or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “Truepay Payment Services Pvt Ltd” includes Truepay Payment Services Pvt Ltd’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that Truepay Payment Services Pvt Ltd is a reseller of Mobile recharges and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. You expressly agree that use of the services and the site 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. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site 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. Truepay Payment Services Pvt Ltd, and its third party suppliers, licensors, and partners do not warrant that the data, Truepay Payment Services Pvt Ltd software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Truepay Payment Services Pvt Ltd 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 services, the site or any reference sites 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 services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) 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 paragraph shall survive termination of this agreement. In no event will Truepay Payment Services Pvt Ltd 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 site.

Ownership; Proprietary Rights
The Services and the Site are owned and operated by Truepay Payment Services Pvt Ltd and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by Truepay Payment Services Pvt Ltd (the “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 Truepay Payment Services Pvt Ltd, all Materials, trademarks, service marks, and trade names contained on the Site are the property of Truepay Payment Services Pvt Ltd and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Truepay Payment Services Pvt Ltd 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 Services. Except as expressly authorized by Truepay Payment Services Pvt Ltd, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Truepay Payment Services Pvt Ltd reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Truepay Payment Services Pvt Ltd, and shall assign to Truepay Payment Services Pvt Ltd, all right, title and interest 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
Truepay Payment Services Pvt Ltd reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, Truepay Payment Services Pvt Ltd may be required under applicable law to give you advance notice, and Truepay Payment Services Pvt Ltd will comply with such requirements.

Notice
Truepay Payment Services Pvt Ltd may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to Truepay Payment Services Pvt Ltd must be sent by courier or registered mail to “Truepay Payment Services Pvt Ltd., D1-401, Ganga Orchard, Pinglewasti, Mundhwa, Pune, India, Pin 411036”

Waiver
The failure of Truepay Payment Services Pvt Ltd 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 Truepay Payment Services Pvt Ltd.

Arbitration
Truepay Payment Services Pvt Ltd may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, 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 Pune, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or Truepay Payment Services Pvt Ltd (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.

Governing Law and Forum for Disputes
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Truepay Payment Services Pvt Ltd must be resolved by a court located in Pune, India. You agree to submit to the personal jurisdiction of the courts located within Pune, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.

Limitation of Liability
Notwithstanding Anything To The Contrary Contained Herein, Neither Hoorray Services Pvt Ltd , Nor Its Affiliated Companies, Subsidiaries, Officers, Directors, Employees Or Any Related Party Shall Have Any Liability To Users Or To Any Third Party For Any Indirect, Incidental, Special Or Consequential Damages Or Any Loss Of Revenue Or Profits Arising Under Or Relating To These Terms, The Site Or The Offerings, Even If Any Of Said Parties Had Been Advised Of, Knew Of, Or Should Have Known Of The Possibility Of Such Damages. To The Maximum Extent Permitted By Law, Our Maximum Aggregate Liability To You For Any Causes Whatsoever, And Regardless Of The Form Of Action (Whether Liability Arises Due To Negligence Or Other Tort, Breach Of Contract, Violation Of Statute, Misrepresentation Or For Any Other Reason), Will At All Times Be Limited To Inr One Hundred (Inr 100).

Choice of Law and Dispute Resolution
These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Pune shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, the Platform/Network or the Site. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.

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.

Assignment
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

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, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.