These terms and conditions outline the rules and regulations for use of Uvik Technologies Pvt Ltd's website, located at https://www.uvik.in.
A User may opt for services of Uvik Technologies Pvt Ltd only if he/she accepts and abides by all of the Terms. Uvik may periodically change these Terms without notice.
Definitions
For the purpose of these Terms, the following words and phrases shall have the meaning assigned to them under this Article.
Eligibility
The App and Services are intended solely for persons who can form legally binding contracts under Indian law and who are 18 years of age or older. Any access to or use of the App or Services by anyone under 18 is expressly prohibited. By using the App or Services, the User represents and warrants that he is 18 or older and is competent to contract. User also agrees that his Payer/Payee is similarly competent to contract.
A User represents and warrants that he has full power and authority for using the Services and is in strict compliance of all laws.
These terms and conditions as accepted by User shall be read along with and in addition to any terms and conditions in force from time to time and issued by any Service Provider. They will also be read in conjunction with the Privacy Policy.
A User may use the Services and this App only if he accepts and abides by all of the following terms and conditions.
Registration
In order to avail the Services, User must be registered with Uvik and the Service Providers. User shall provide Uvik with all such documents as may be required.
By registering with Uvik, User agrees to provide true, accurate, current and complete information — failing which Uvik may at any time reject User's registration and terminate his right to use or access the App and/or Services. When User registers with Uvik, a User Account will be created, associated with the User's username, password and other identifying information. User shall be responsible for anything that happens through his User Account.
Use of Services
The Services may be used by User for making and receiving payments from/to third parties. To enable the User to use the Services, a link with login credentials will be communicated to the User on his mobile phone or email address. The User irrevocably and unconditionally accepts sole responsibility for use, confidentiality and protection of said login credentials, including passwords, as well as for all orders and information changes entered using such credentials.
Uvik has no obligation to verify the authenticity of the Transaction other than by means of verification of the User's basic KYC information. The User shall at all times take all appropriate steps to maintain the security and confidentiality of the information. Uvik shall not be liable for any mistake or misuse of the Services by either the User or by any person authorized by the User, or by any person gaining access to the Services through the User.
User agrees that Uvik accepts all instructions originating from his Account in good faith and in a manner consistent with commercially reasonable security standards. User shall indemnify and hold Uvik harmless for direct or indirect losses sustained as a result of the disclosure of sensitive information by or through User.
On receiving the necessary details from the Service Provider, Uvik shall initiate the required payment to Payee/User as instructed by User/Payer. Confirmation of the Transaction performed using valid login credentials shall be conclusive evidence of a Transaction being effected.
User is responsible to furnish Uvik with correct and current Payee information. In the event that the payment is in respect of a purchase of Products by the User/Payee, Uvik shall not be required to ensure that the purchased Products have been duly delivered. In the event a User chooses to complain about a Transaction, the same should be communicated to Uvik within 10 (Ten) days of the Transaction.
User Obligations
Each User shall be responsible to:
- Furnish correct and accurate information of the Payer/Payee as may be required, on an independent basis.
- Furnish to Uvik forthwith on demand, the original copy/copies of proof of delivery of Products, invoices or other records pertaining to any Transaction.
- Ensure that all licenses and registrations required by him are in full force and effect to enable them to carry on the business of sale/purchase of Products.
User shall not:
- Carry out any activity which is banned, illegal or immoral.
- Use the Services in any manner or in furtherance of any activity which constitutes a violation of any law or regulation or which may cause Uvik to be subject to investigation, prosecution or legal action.
User undertakes and assures to Uvik that payments shall not be made/received in respect of any Products mentioned in the banned items list set out in Annexure A.
User shall act in compliance with all laws, rules and regulations and shall at all times comply with the guidelines set by Visa/MasterCard/acquiring banks/Service Providers.
User shall not sell, provide, exchange, or otherwise disclose to third parties any personal information about any third party — including account details and mobile number — without obtaining the prior written consent of such third party.
User shall take all precautions as may be feasible or as may be directed by Uvik to ensure that there is no breach of security and that the integrity of the link between their systems/site, the App and the payment mechanism is maintained at all times.
User shall bear and be responsible for the payment of all relevant taxes (including any applicable withholding taxes) as may be due.
A User shall not at any time require any other user to provide details of accounts held with any Banks — including passwords, account numbers, card numbers, mobile phone numbers and PINs.
A User shall inform Uvik of any change in his email address, mobile number, address, ownership or legal status or cessation of business in writing 30 working days in advance of such change.
Uvik has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Fees
The acquiring bank will authenticate, authorize, and process the payment instructions given by the Payer in respect of a Transaction upon fulfillment of valid criteria as set forth by the acquiring bank from time to time, and accordingly transfer such approved Transaction Amount from the Payer's bank account to the account(s) maintained by Uvik in accordance with the RBI.
In consideration of the Services rendered by Uvik to the User, the User shall pay to Uvik a fee that is agreed upon in the Fee Schedule defined in the Merchant Agreement or proposed by Uvik over email to the registered email address.
Uvik shall deduct its transaction fees plus service tax per successful Transaction, and make payment of the balance of the Transaction Amount to User/Payee's designated bank account. All other taxes, duties or charges shall be borne and paid by User, unless otherwise agreed. Uvik reserves the right to alter/modify/change the discount/commission rate at its discretion.
It is agreed and acknowledged that transaction fees charged by Uvik in respect of a confirmed Transaction shall not be returned or repaid irrespective of the Transaction being rejected, charged back, refunded or disputed.
Specific Terms
Uvik will not be responsible for any disputes between the Users and the Payers/Payees, including issues regarding prices, delivery, non-delivery or delay in delivery of the Products, quality of Products or otherwise. All such disputes will be dealt with directly between the User and the Payer/Payee.
Uvik cannot and does not guarantee the timings of any payments made or received as such timing is dependent upon User's bank, card issuing bank/card processor, acquiring financial institution and other Service Providers. Uvik assumes no liability for any delays in delivery of payment or availability of funds.
Uvik shall not be a party to the agreement between the User and any Payer/Payee in any manner whatsoever. All contracts are directly between Users and their Payers/Payees.
Uvik/Service Provider reserve the right to impose limits on the number of Transactions which may be charged on an individual credit card or other account during any time period, and reserve the right to refuse payments in respect of Transactions exceeding such limit or from Users with a prior history of questionable charges.
Security
Subject to the provisions stated herein, the User will not hold Uvik liable in case of any improper/fraudulent/unauthorized/duplicate/erroneous use of his mobile and/or web-based access. Uvik will also not be liable for any consequences connected with the use/misuse of User's mobile/email account by any third party. If any third parties gain access to the Services, the User will be responsible and shall indemnify Uvik against any liability, costs or damages arising out of such misuse.
Without prejudice to the remedies available to Uvik, Uvik shall be under no liability whatsoever to the User in respect of any loss or damage arising directly or indirectly out of:
- Any defect in any Products supplied to them.
- Any inability of a third party to supply or deliver the required Products.
- The refusal of any person (including a Service Provider) to honour or accept a payment.
- The malfunction of any computer terminal or equipment.
- The utilization of the Services by any person other than the User.
- Any mis-statement, error or omission in any details disclosed to Uvik.
Refunds / Chargebacks
A Chargeback shall mean a Transaction that is uncollectible and returned to Service Provider/Uvik by User/Payee or acquiring bank for a refund to the concerned Payer/User due to any of the following reasons:
- Any payment which the User/Payer refuses to honour or demands a refund of because the Products purchased or the delivery thereof was not as promised, or was defective, deficient, incomplete and/or unsatisfactory.
- Any payments returned by the acquiring bank for any reason whatsoever.
- Any charge/debit arising out of any alleged hacking, breach of security or encryption.
- Any Transaction that is unsuccessful.
As a result of the rapid nature of fund movements, once a payment has been initiated through the Services, it may not be possible to retract the same. If User wishes to attempt to chargeback/retract a payment, he must notify his bank and Uvik immediately and provide all required information.
In the event of a Chargeback situation, the User or Payer shall be advised to resolve the issue with the Payee or User or Service Provider within 45 days. Uvik/Service Provider shall then settle the payment in accordance with the solution agreed upon by the Parties. If no resolution is reached within 45 days, Uvik/Service Provider shall be entitled to make a direct credit to the disputing Payer's account for the disputed amount.
Uvik shall not be responsible to make payments in respect of any Chargeback unless it has received the requisite amounts from the concerned acquiring bank/Service Provider/Payee/User. In the event of receipt of a Chargeback amount from the acquiring bank/Service Provider, Uvik shall pass on such amount to User/Payer within 7 days.
Where Parties have agreed that a Chargeback is entitled, Uvik may give effect to it by: (a) deducting the relevant amount from any amounts due to the Payee; or (b) billing the concerned Party for the relevant amount.
Termination
If either Uvik or Service Provider suspects, on reasonable grounds, that a User has committed a breach of these Terms or any other agreement with Uvik or any act of dishonesty or fraud, Uvik shall be entitled to (a) suspend all payments under these Terms; (b) deactivate/suspend the User Account and disable the password; and (c) terminate User's access to the App or the Services; pending enquiries by Uvik.
User may cancel his User Account at any time by sending Uvik an email. Please note that once an Account is cancelled, Uvik does not have any obligation to return any data or information that may reside on its servers or other equipment.
Indemnity
User shall keep Uvik indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against Uvik by another User/Service Provider/third party for reasons including, but not limited to:
- Delivery, non-delivery or delay, deficiency or mistake in respect of the Products sold.
- A breach, non-performance, non-compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made by him.
- Any acts, errors, misrepresentations, wilful misconduct or negligence of the User, or his employees, subcontractors and agents in performance of their obligations under these Terms.
The User shall comply with all such terms and conditions as Uvik or any Service Provider may prescribe from time to time with regard to the Services. All Transactions effected by or through this Website shall constitute legally binding and valid transactions when done in adherence to and in compliance with the terms and conditions prescribed by Uvik or Seller/Service Provider.
Confidentiality
User agrees not to disclose or attempt to use or personally benefit from any non-public information that he may learn on the App or through the Services. This obligation shall continue until such time as the non-public information has become publicly known through no action of your own.
If you are compelled by order of a court or other governmental or legal body to divulge any such non-public information, you agree to promptly notify Uvik and cooperate fully in protecting such information to the extent possible under applicable law.
Uvik may access, preserve and disclose any of your information if required to do so by law, or if we believe in good faith that it is reasonably necessary to: (i) respond to claims asserted against Uvik or to comply with legal process; (ii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; or (iii) protect the rights, property or safety of Uvik, its Users or members of the public.
Intellectual Property Rights
The App content and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Uvik, subject to copyright and other intellectual property rights under the law and international conventions. Such App content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of Uvik.
Privacy Policy
User understands that his access to the Website will result in the collection, use and storage of his information which is subject to Uvik's Privacy Policy. Through his access of the Website, User consents to the collection, use and storage of such information, which will be held by Uvik and may be processed and stored by Service Providers. For an explanation of Uvik's practices and policies related to the collection, use, and storage of Users' information, please read our Privacy Policy.
Disclaimer of Warranties
Limitation of Liability
General Terms
- Unless otherwise set out, all payments may only be made in Indian Rupees.
- Uvik may, if required by law, change any fee or charge or institute new fees or charges. The User agrees to pay all fees and charges so levied.
- Uvik reserves the right to vary any of the Terms contained herein by posting the revised terms on Uvik's Website without notice to the User.
- The User hereby accepts that he may, from time to time, receive from Uvik or its associates, communications such as service announcements, advertisements or administrative communications.
- All information provided by the User to Uvik shall be accurate, current and complete. User shall be solely responsible for the accuracy and correctness of all information provided by him.
- Uvik shall not be liable for any direct, indirect, punitive, incidental, exemplary, special or consequential damages or any loss of profit, business, revenue, goodwill or anticipated savings arising out of or in any way connected with the use of the services.
- Any dispute or new situation not covered in Terms and Conditions will be discussed and closed with mutual conscience.
- Terms and conditions are subject to review and modification without prior notice.
- The Courts of Bangalore, Karnataka, alone shall have the jurisdiction to try and adjudicate all suits.
For any queries / details, Users can contact: support@uvik.in
Annexure A: Banned Items
User undertakes and assures to Uvik that payments shall not be made/received in respect of any of the following banned Products or services:
- Adult goods and services — pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
- Alcohol — alcoholic beverages such as beer, liquor, wine, or champagne.
- Body parts — organs or other body parts.
- Bulk marketing tools — email lists, software, or other products enabling unsolicited email messages (spam).
- Cable descramblers and black boxes — devices intended to obtain cable and satellite signals for free.
- Child pornography — pornographic materials involving minors.
- Copyright unlocking devices — mod chips or other devices designed to circumvent copyright protection.
- Copyrighted media — unauthorized copies of books, music, movies, and other licensed or protected materials.
- Copyrighted software — unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
- Counterfeit and unauthorized goods — replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs; counterfeit stamps.
- Drugs and drug paraphernalia — illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
- Drug test circumvention aids — drug cleansing shakes, urine test additives, and related items.
- Endangered species — plants, animals or other organisms (including product derivatives) in danger of extinction.
- Gaming/gambling — lottery tickets, sports bets, memberships/enrolment in online gambling sites, and related content.
- Government IDs or documents — fake IDs, passports, diplomas, and noble titles.
- Hacking and cracking materials — manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property.
- Illegal goods — materials, products, or information promoting illegal goods or enabling illegal acts.
- Miracle cures — unsubstantiated cures, remedies or other items marketed as quick health fixes.
- Offensive goods — literature, products or other materials that defame or slander any person or groups based on race, ethnicity, national origin, religion, sex, or other factors; encourage or incite violent acts; or promote intolerance or hatred.
- Offensive goods, crime — crime scene photos or items associated with criminals.
- Prescription drugs or herbal drugs / online pharmacies — drugs or other products requiring a prescription by a licensed medical practitioner.
- Pyrotechnic devices and hazardous materials — fireworks and related goods; toxic, flammable, and radioactive materials and substances.
- Regulated goods — air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles or logos; license plates; police badges; law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment.
- Securities — stocks, bonds, or related financial products.
- Tobacco and cigarettes — cigarettes, cigars, chewing tobacco, and related products.
- Traffic devices — radar detectors/jammers, license plate covers, traffic signal changers, and related products.
- Weapons — firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
- Wholesale currency — discounted currencies or currency exchanges.
- Live animals or hides/skins/teeth, nails and other parts of animals.
- Multi Level Marketing collection fees.
- Matrix sites — sites using a matrix scheme approach.
- Work-at-home information.
- Drop-shipped merchandise.
- Any product or service not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.
- Cardholder data sharing — the Merchant shall not sell, purchase, provide or exchange a cardholder's name or MasterCard/Visa account number information obtained by reason of a card transaction to any third party other than its acquiring Member, or pursuant to a government/statutory or competent body's request.