Service T&C

Last updated on April 24, 2018

These Terms of Service (hereinafter referred to as the “Terms” or “ToS”) is a legally binding agreement between you, the user (hereinafter referred to as “User” or “You” and shall include is pronoun forms such as “Your”) and BalanceHero India Private Limited (hereinafter referred to as “BalanceHero” or “Company” or “We”).

BalanceHero is a company incorporated under the Companies Act, 2013 and having its registered office at 2nd floor, Plot no. 121, Sector 44, Gurgaon, Haryana, India, 122002.This document is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that provide for the due diligence to be exercised by the Website.

These Terms shall govern Your use of and access to the Company’s technology platform accessible through any device including mobile phones, smart phones consisting of hardware and / or software (hereinafter referred to as “True Balance Application” or “TB App”) or other services (collectively referred to as the “Services”), offered by Balancehero or its third-party partners, including the global Phone Expense Management (PEM) services (all collectively referred to as the “Services”), presently or in the future, irrespective of their release version, located at www.truebalance.io, Google Play Store  including all associated sites linked to www.truebalance.io.

By creating an account on True Balance Application, you are deemed to agree to these Terms and any other applicable terms and conditions published on TB App (collectively referred to as the “TB Terms”), in toto. If at any time you do not accept or agree with the TB Terms or do not wish to be bound by such TB Terms, you must not access, browse or use the Services and immediately cease availing the Services. It is agreed and acknowledged by You that Services are offered to You by the Company on the unconditional acceptance, without modifications, to the TB Terms and the amendments thereof. Further, it is agreed and acknowledged by You that You shall be entitled to register for only one account on TB App to avail the Services. Any additional TB accounts created by You in violation of the aforementioned shall be subject to being deactivated forthwith, without any notice/ intimations. The Company shall be entitled to forfeit any monies, rewards, free points, etc. present/ earned in such additional account in violation/ circumvention of this Terms.

If there is a conflict between these Terms and the terms posted anywhere else on the TB App with respect to any specific portion of a Service, the latter terms shall prevail with respect to Your use of that portion of the specific Service.

If you violate or breach any of the provisions of these Terms or other TB Terms, We may issue a warning or immediately terminate Your ability to avail the Service, at the Company’s sole discretion. You agree and acknowledge that the Company shall be entitled to understand that we may terminate your ability to use the Service at any time with or without reason without notice to you regardless of any liability on our part. Neither these Terms nor termination of your access or use will waive or adversely affect any other right or relief to which Balancehero may be entitled at law or in equity.

You agree and acknowledge that by becoming a registered user of True Balance Application, You agree to be contacted by the Company or any of its partners and/or affiliates, via all communication modes including but not limited to email, SMS, MMS, and telephonic calls, irrespective of your chosen preference under the National Do Not Call Registry.

I am text block. Click edit button to change this text. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

1. Eligibility

The Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Balancehero from availing or accessing the Services. By accepting the Terms or by otherwise using the Services, you represent that you are at least 18 years of age and have not been previously suspended or removed by Balancehero, or disqualified for any other reason, from availing the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent the identity, age or affiliation with any person or entity.

2. Registration

As a condition to using the Service and the True Balance Application, you are required to (i) have a pre-paid mobile connection operating on Android mobile operating system, (ii) register by creating an account (“Account”), (iii) represent, warrant and covenant that you will provide accurate and complete registration information (including, but not limited to a user name (“User Name”), mobile number and a password which you will use to access the Service) and may also be asked for your email address (iv) keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Account.

For the purpose of these Terms, Account means the account successfully created by the User having a mobile connection operating on Android or any other mobile operating system inserting information such as but not limited to name, contact details, user name, and password as required to be filled in the registration process and include any further changes and additions to the information from time to time for accessing the True Balance Application and Services. The True Balance Application will only be applicable in respect of mobile connection operating on Android or any other such mobile operating system as maybe prescribed by the Company.

You represent and warrant that You shall not:

– create more than one Account for yourself
– create an Account for anyone other than yourself without such person’s prior written permission;
– use a User Name that is the name of another person or entity with the intent to impersonate that person or entity;
– use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization; or
– use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.-

BalanceHero reserves the right to refuse registration of or cancel a User Name at its sole discretion. You are solely responsible and liable for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your User Name and password. In no circumstances, whatsoever, Balancehero would be responsible for any third party getting access to your User Name and password due to your default. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify us in writing of any unauthorized use of your Account, or other Account-related security breach of which you are aware. Any conduct by a User that at our exclusive discretion is in breach of the Terms or which restricts or inhibits any other User from using or enjoying the Service is strictly prohibited

3. Privacy

All personal and contact information provided by You will be kept confidential, which includes Your personal information given in relation to your Account creation and subsequent administration and shall be subject to Balance Hero Personal Information Policy (“Privacy Policy”) as published on TB App which further describes what personal information will be provided to Balancehero and other Users and how Balancehero may use and share such information.

Please note that certain information and other materials provided by You may be provided to third parties, as maybe required for the provision of Services or any other allied services, subject to the Privacy Policy.

4. Use of the True Balance Application and Services

Regarding the use of True Balance Application and the Service, You acknowledge and guarantee that:

– You shall use the True Balance Application to provide information related to phone balance and expense and other data, such as Your profile information, as provided by you to the best of Your knowledge, that is not false or otherwise may not corrupt or disrupt the Services and that you have the lawful right to share it with BalanceHero and other Users.
– You shall not use the Services for any commercial purpose.
– You shall not cause any harm BalanceHero’s rights under these Terms.
– You shall use the Service subject to these Terms and will not abuse your right, violating the duty of good faith.
– You shall not try to access the Service using a method other than the interface and the instructions that BalanceHero provides.
– You shall not use the Services or the Content (defined below) illegally, harmfully or in an offensive manner to BalanceHero, other Users, or third parties.
– You shall not exploit the Services in any unauthorized manner, including but not limited to, trespass or burdening network capacity, putting software viruses, Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment of BalanceHero.
– You shall not host, display, upload, modify, publish, transmit, update or share any of the information that:

➢ Unless specifically requested by BalanceHero, is “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions including physical, physiological and mental health conditions, passwords, Aadhaar numbers, biometric information, credit cards, debit cards, other payment instruments, bank accounts or other financial information, other information concerning trade union membership, sex life, sexual orientation, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters) belongs to another person and to which you do not have any right to;
➢ is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, related to or in any way supportive of terrorism, or otherwise unlawful in any manner whatever;

➢     harms minors in any way;

➢     User Content that may infringe any patent, trademark, trade secret, copyright or other Intellectual Property Rights or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content;

➢     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;

➢     impersonates 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;

➢     threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

➢     shall not be false, inaccurate or misleading;

➢     shall not create liability for us or cause us to lose (in whole or part) the services of our ISPs or other suppliers; and

For avoiding any doubts “Intellectual Property Rights” means all trade secrets, patents and patent applications, trade marks (whether registered or unregistered and including any goodwill acquired in such trade marks), service marks, trade names, business names, internet domain names, e-mail address names, copyrights (including rights in computer software), moral rights, database rights, design rights, rights in know-how, rights in confidential information, rights in inventions (whether patentable or not) and all other intellectual property and proprietary rights (whether registered or unregistered, and any application for the foregoing), and all other equivalent or similar rights which may subsist anywhere in the world.

You acknowledge and agree that Balancehero is not responsible for any results from such misuses or torts, committed by You.

5. Digital Services

True Balance facilitates the payment of certain bills through the True Balance Platform with respect to certain services offered by True Balance business partners who have partnered with True Balance to enable their bills to be paid through the True Balance Platform. Please see the relevant links on the True Balance Platform for more information on True Balance’s bill payment service. Further, True Balance offers certain digital products which facilitate the purchase of prepaid recharges for mobile, DTH and Bill payments. The terms and conditions in relation to bill payments and digital products are set out below. The terms and conditions in relation to bill payments and digital products set out below are applicable to and binding on You in conjunction with the SSOID terms and conditions already accepted by You. Each SSOID term or condition is applicable to and binding on You, or any of Your activities on the True Balance Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned herein below includes the terms and conditions in relation to bill payments and digital products set out below and the SSOID terms and conditions as well as other service-specific terms and conditions in relation to True Balance Services or True Balance Platform. The benefits of the recharge

6. True Balance Recharges, DTH & Bill Payment

True Balance is only a reseller of digital products. True Balance does not provide mobile operator services and is only a reseller of prepaid mobile recharge, DTH & Mobile or Utility Bill payment services which are ultimately provided by telecommunications service providers (hereafter Telco or Telcos) or by other distributors or aggregators of such Telcos. True Balance is not a warrantor, insurer, or guarantor of the services to be provided by the Telcos. Prepaid mobile recharge, DTH & Mobile or Utility Bill payment sold by True Balance to You is sold without recourse against True Balance for any breach of contract by the Telcos/Operator. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the mobile prepaid recharges, DTH & Mobile or Utility Bill payment purchased must be handled directly between You (or the recipient of the services) and the Telco/Operator. The terms and conditions set out in this section are applicable, mutatis mutandis, to other prepaid recharge products available on the True Balance Platform including prepaid recharges, DTH & Mobile or Utility Bill payment in relation to DTH as well as to other prepaid recharge products that may be offered on the True Balance Platform. True Balance will not be responsible for any failure on the part of any of its recharge partners in effecting a recharge. All DTH recharges and Utility Bill Payments are routed through BBPS (Bharat Bill Payment System) and True Balance strictly follows the Terms & Conditions from time to time as guided by NPCI (National Payments Corporation of India).

7. Third Party Website

You may be provided with links on the True Balance Application that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively “Third Party Websites”) and the Third-party providers may have their own terms and condition which you have to agree to.

Balancehero does not endorse any Third-Party Websites that You may be directed from the True Balance Application. Links to such Third-Party Websites are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting/using any Third-Party Websites via a link available on the True Balance Application. The provision of these links does not mean that we endorse these websites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Your usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and Balancehero is not responsible for Your use of any Third Party Websites and will have no liability in respect of any loss or damage arising from third party information which appears on the Website, including the manner in which the information is displayed or information which may be inaccurate or duplicate or is an impersonation by a person to be another person.

8. Idemnity

You shall indemnify and hold harmless, Balancehero, its affiliates, any third party content / networks / infrastructure providers and their respective directors, officers, personnel, contractors and agents (collectively, the “Indemnities”), for and against any and all claims, suits, judgment, losses, damages, cost and expenses arising (including taxes, fees, fines, penalties, interest, reasonable expenses of investigation and attorneys’ fees and disbursements) as incurred (collectively “Damages”) or relating to your (i) use of the True Balance Application and Service or (ii) your breach of these Terms or TB Terms or any (iii) other restrictions or guidelines provided by Balancehero or (iv) any negligent or intentional wrongdoing or omission by You or any third-party associated with You.
This indemnification obligation will survive after the termination of these Terms.

9. Proprietary Rights

The Service and True Balance Application are exclusive properties of Balancehero. Without limitation of the foregoing, other than the User Content (defined hereinbelow), all the texts, copy, words, image, photos, videos, sound, music, marks, logos, compilations (meaning, the collection, arrangement and assembly of information) and all other content on the True Balance Application and 3rd party platforms operated by True Balance (Collectively the Content), and all software embodied therein is proprietary to and owned by Balancehero, our affiliates or our licensors, and are protected by copyright and international copyright treaties, trademarks, trade secrets, patent and other intellectual property and/or proprietary rights and laws. Balancehero shall retain ownership to the True Balance Application, and the Services offered thereunder and to all related intellectual property rights, including without limitation, trademarks, trade names, copyright, database rights and patents. You are granted only a limited right to use the True Balance Application and Services subject to these Terms

10. Scope of License

You acknowledge that BalanceHero owns all rights, title and interest, including all Intellectual Property Rights in and to the True Balance Application including but not limited to the software, the present or future modifications / up gradations thereof and standard enhancements to it and the Service offered thereunder.

Subject to your compliance with these Terms at all times, BalanceHero grants You a personal, limited, non-assignable, revocable and non-exclusive license (“License”) to use the True Balance Application and Services for non-commercial use. This License does not allow You to use the True Balance Application and Service on any other mobile device that You do not own or control.

You shall not copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify, or create derivative works of the True Balance Application, any updates, and any part thereof unless laws allow those restrictions or it is expressly permitted by these Terms. There may be provisions in the open source license that expressly override some of these Terms.

The Terms do not and shall not transfer any ownership or proprietary interest in the True Balance Application from BalanceHero to You. The License does not allow You to use True Balance’s name, Intellectual Property Rights or other commercial symbols. All rights and licenses not expressly granted to You under these Terms shall be owned by BalanceHero.

BalanceHero may, at its sole discretion, permit you from time to time to submit, upload, post, publish, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the True Balance Application, including your profile, the recharging of your mobile phone, or the posting of any opinions or reviews in connection with the True Balance Application and its Services (all of the foregoing content is sometimes collectively referred to herein as “User Content”). Any User Content provided by User remains your property. By providing User Content to BalanceHero, you grant BalanceHero a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and True Balance Application and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

11. Support

Balancehero strives to provide adequate and efficient technical support, upgrades and updates for the Services. Balancehero shall not, however, be under any obligation to provide support or maintenance for the Services and reserves the right to limit the support, upgrades and updates at its sole discretion.

12. Fraud

Provision of inaccurate or incorrect information on the True Balance Application by You, in any manner whatsoever and for any reasons, may result in deletion of such Your Account or such affected Account, at the Company’s sole discretion, without prior notice. The Company shall be entitled to forfeit all rewards, free points, monies present in the Account at the time of such deletion.

Further, Company shall be entitled to forthwith deactivate any Account and forfeit any rewards, free points, gems or any monies present in such Account, if there is any alleged, suspected, threatened or established fraudulent activity or circumvention/ violation or breach of these Terms or any other TB Terms, in its sole discretion and as per the findings of its internal investigations.

In the event of suspicion of any fraudulent activity or any threatened or alleged violation of the Terms or TB Terms (hereinafter referred to as the “Wrongful Activity”), the Company shall be entitled to contact You to obtain any required information from You regarding such Wrongful Activities. You agree and acknowledge that You shall fully cooperate with the Company in such internal investigation and shall not withhold any relevant information pursuant to such Wrongful Activity. You further agree and acknowledge that the findings of the internal investigation of the Company shall be final and binding on the Parties.

In the event of any established fraud or suspicious nature of activity or transactions, the company has the right to block the account and deduct the money available in wallet account or in case where dual payments are made.

Multiple signups by any individual User shall be grounds for immediate termination of all involved Accounts or the additional Accounts, at the sole discretion of the Company.

You agree and acknowledge that the provisions of this clause and the Company’s rights specified herein are cumulative and without prejudice to any other rights that the Company may avail at law or in equity or as per the other provisions of these Terms or other TB Terms. Balancehero reserves the right to file civil and/or criminal charges against an individual in an attempt to recover any rewards earned out of fraudulent activity or in violation of these Terms or other TB Terms.

 

If you come across any fraudulent or suspicious activity or you suspect anything to be wrong, please immediately report to us at fraud@balancehero.com.Your proactiveness in this regard is highly appreciated.

 

13. Payment & Refund Policy

You understand and acknowledge that the Company is a re-seller of third-party services only.

Balancehero is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s and billers and is not responsible for any delay, pricing or cancellation of payment from mobile operators’ or billers’ end or for talk-time given against recharge done as this is purely at mobile operator’s disposal. We are not liable to refund of payment towards special offers provided by the Telcos or billers and for any breach of contract by the Telcos or billers. However, in a case of unsuccessful payment due to a technical error on Balancehero end, the same would be refunded to you within 14 days from the date of payment. Any disputes regarding the quality, availability, cost, expiration, or other terms of the recharge or payment must be handled directly between You (or the recipient of the recharge or payment) and the Telco or service providers/billers.

The maximum permitted value of payment may also change at any time without any prior notice. You acknowledge that your recharge and data use may be omitted due to communication problems of the wireless network, which is not under control of Balancehero.

Balancehero will not guarantee that your recharge operation or data used in the Service will always be reflected in actual balance managed by the Telco. Since Balance Hero acts as an intermediary between You and the Telco, Balancehero does not have any liability to refund the payment for recharge or to indemnify any damages from such omission or malfunction.

Balancehero’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Balancehero is merely providing a platform to the User for recharge and postpaid bill payment for their mobile phone, DTH and utility bill payment.

Balancehero is not responsible for any delay, pricing or cancellation of recharge or bill payment from mobile operators’ or service providers / billers’ end. User is solely responsible for the selection of the mobile operator or service provider / biller.

You are responsible for the DTH, Mobile or Utility Bill Payment account number for which You purchase the prepaid recharge and all charges that result from those purchases. You are also responsible for the information relating to DTH, Mobile or Utility Bill payment and all charges that result from those purchases. True Balance is not responsible for any purchase of prepaid recharge for an incorrect mobile number or DTH account number or Mobile or Utility Bill payment number or incorrect toll or data card information. However, if in a transaction performed by You on the True Balance Platform, money has been charged to Your card or bank account and a recharge is not delivered within 24 hours of the completion of the transaction, then You shall inform us by sending an e mail to our customer services e mail address mentioned on the ‘Contact Us’ page on the True Balance Platform. Please include in the e-mail the following details – the mobile number (or DTH account number or Mobile or Utility Bill payment number/ID or data card or toll-tag information), operator name, recharge value, transaction date and order number. True Balance will investigate the incident and, if it is found that money was indeed charged to Your card or bank account without delivery of the recharge, then You will be refunded the money within 21 working days from the date of receipt of Your e mail. All refunds will be credited to Your semi- closed wallet. You can trigger a request in Your True Balance wallet to transfer the money from Your True Balance wallet back to source. It will take 3-21 working days for the money to show in Your bank account depending on Your bank’s policy.

14. Cashback Redemption Policy

Notwithstanding anything to the contrary contained herein, Balancehero does not provide redemption of cash availed as a part of any promotional scheme. The cashback availed by using any promotional scheme can only be utilized for availing the Services of Balancehero. The cashback cannot be transferred to the bank account of the User. Even if you exit the application of BalanceHero, the cashback cannot be transferred to the bank account of the User.

15. Consent to use Contact Information

You hereby authorize Balancehero to use and share mobile numbers (Contact Information) for recharge or bill payment, promotional and marketing purpose and also to share it with any third party in accordance with the Privacy Policy. By allowing Contact Information to be collected, You give True Balance Application a right to use that Contact Information as a part of the service provided by True Balance Application, and you further undertake that you have any and all permissions required to share such Contact Information with us.

16. Termination

Your right to use the Services continues until these Terms are terminated. Balancehero may terminate the Services offered to You at any time, at its sole discretion, as per the provisions of these Terms. You may terminate these Terms at any time by uninstalling the True Balance Application and ceasing the use of the Services.

Company shall be entitled to deactivate Your Account and terminate the provision of Services to You in case You fail to comply or breach the provisions of these Terms or any other applicable TB Terms.

Upon any termination, You agree to cease using the Services. Upon termination by You, or by Balancehero due to Your breach of these Terms, You will not be refunded any part of the Services, for example, license fees or other prepaid fees, if any. Upon termination by Balancehero without a reasonable reason, You will be refunded prepaid fees once You request refund in a written form, provided, your request shall include receipts of clear payment instruction for such fee.

Any prepaid credits in the Services are connected to the User device as well as its phone number. Therefore, if You change device or its SIM-card, You have no way to transfer the credits to a new device or SIM-card and refund regarding such changes is unavailable.

Balancehero reserves the right, at its own discretion, to remove any unused credits regardless User’s any right to request a refund after twelve (12) months from the purchase.

Provisions of No Warranty, Limitation of Liability, and Termination Sections shall survive the termination of these Terms.

17. Addition and Change of Terms

As BalanceHero provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices hereto. For API Users, the API License Addendum applies.

BalanceHero reserves the right to modify the Services and these Terms at any time, at its sole discretion. BalanceHero will do its best to notify such change of the Terms, by publishing on the True Balance Application or Website. However, BalanceHero shall not be liable for the notification. Your use of the True Balance Application and Service offered thereunder following any such modification constitutes your agreement to follow and be bound by the Terms as modified.

The revised Terms shall be effective upon such publishing or notification to the User. You may always find the latest version of these Terms at the designated website/TB App

18. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Balancehero OR ITS SUPPLIERS OR DISTRIBUTORS MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Balancehero DOES NOT REPRESENT OR WARRANT THAT THE TRUE BALANCE APPLICATION WILL RESULT IN COMPLIANCE, FULFILLMENT OR CONFORMITY WITH THE LAWS, REGULATIONS, REQUIREMENTS OR GUIDELINES OF ANY GOVERNMENT OR GOVERNMENTAL AGENCY.

AS A RESULT, THE TRUE BALANCE APPLICATION AND SERVICES PROVIDED THEREUNDER ARE PROVIDED “AS IS” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. NEITHER WE NOR ANY THIRD PARTY IS LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE TRUE BALANCE APPLICATION.

Balancehero makes no representation that the Services are available in any particular location.

Balancehero disclaims that the Services will be compatible with all broadband services and modems and also disclaims any express or implied warranties regarding the compatibility of the Service with any particular broadband service or modems.

You choose to access the Services at Your own risk and initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

The materials with respect to the Services may be out of date, and Balancehero does not commit to update such materials and Balancehero shall not be responsible for any errors or omissions or for the results obtained from the use of such information. The information provided on the Website is not professional advice and must not be considered as such. Your use of information provided on the Website is solely at your own risk. Balancehero may, but have no obligation to, have non-user-posted information reviewed by the Website’s editorial personnel.

19. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT BALANCEHERO SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE TRUE BALANCE APPLICATION, SERVICES OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, BALANCEHERO SHALL HAVE NO LIABILITY FOR ANY INFORMATION STORED PROCESSED WITHIN THE TRUE BALANCE APPLICATION OR SERVICES, INCLUDING THE COSTS OF RECOVERING SUCH INFORMATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES, IS TO UNINSTALL THE TRUE BALANCE APPLICATION AND CEASE USE OF THE SERVICES.

BALANCEHERO SHALL NOT BE LIABLE FOR THE VALIDITY AND CORRECTNESS OF THE CONTENT PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE DONE AT YOUR OWN DISCRETION AND RISK.

BALANCEHERO SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE APPLICATION BY BALANCEHERO OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.

You understand and acknowledge that BalanceHero is not liable for network-related problems under the operation of the Services and any changes in network configuration may affect the Services’ performance.

BalanceHero will make an effort to provide correct information through Service. However, BalanceHero shall not be responsible for the inaccurate content, for example, but not limited to, information regarding main balance, pack balance, recharging history, and other statistics. BalanceHero controls and monitors the User Content made available by the Users via the Services, but can nevertheless not guarantee its origin and correctness.

Therefore, You accept that You may be exposed to erroneous or objectionable contents. Balancehero shall not be liable for the Content and other information disseminated or delivered through or in connection with the Services. You agree that You shall bear all risks associated with the use of such information.

Company has endeavoured to ensure that all the information provided by it is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. Company makes no warranty, express or implied, concerning the TB App and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information.

To the extent Company acts only as a facilitator of third-party services on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the User as regards the standards and rendering of services by the service providers. In no circumstances shall Company be liable for the services provided by the service provider. The User shall also be governed by the applicable terms and policies of the third-party service provider whose service the User avails.

In no event shall Company be liable for damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the User’s transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing services from Company.

These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

Balancehero’s aggregate liability (whether under contract, tort including negligence, warranty or otherwise) and that of its affiliates shall be limited to INR 5,000/- (Indian Rupees Five Thousand only).

20. Spam And Phishing Policy

Balancehero encourages You to use our service as long as you abide by the Terms of Services and prohibition on spamming and phishing activities. The following are some examples of spamming usage that may violate the Terms and Spam and Phishing Policy

Manipulating identifiers, such as email headers and images, to disguise the origin of any content transmitted.

Using or causing to be used Service computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, “junk mail,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.

Using “robots” or otherwise harvesting other’s email addresses.

Sending a message that directs a recipient to a website that uses a third party’s branding, trademarks and or other intellectual property to mislead the recipient into believing that he is using a site authorized by that third party.

Violations of our Terms of Service or this Spam and Phishing Policy may result in legal action against you and the termination, without notice, of your Service enrollment and/or anything associated with it, including, but not limited to, encryption keys, access logs and profiles. Nothing in this policy is intended to grant any right to transmit email to or through the Service’s computer systems. BalanceHero does not waive any rights by the failure to enforce this policy in every instance in which it might apply.

Violations of our Terms of Service or this Spam and Phishing Policy may result in legal action against you and the termination, without notice, of your Service enrollment and/or anything associated with it, including, but not limited to, encryption keys, access logs and profiles. Nothing in this policy is intended to grant any right to transmit email to or through the Service’s computer systems. BalanceHero does not waive any rights by the failure to enforce this policy in every instance in which it might apply.

21. Governing Law and Protected Published Content

Use of the Services, functionalities of the Service and relationship between You and BalanceHero are governed by these Terms, which shall be construed in accordance with, and governed by, Laws of India. All disputes relating to these Terms shall exclusively be governed by Laws of India and be adjudicated in India, with the District Court of Gurgaon as the court of the first instance.

22. Force Majeure

BalanceHero shall be under no liability whatsoever in the event of non-availability of any portion of the True Balance Application, Services or subscribed Plans occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of BalanceHero.

23. Severability

If any of the provisions of these Terms are deemed invalid, void, or for any reason unenforceable, that part of the Terms will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the Terms.

24. Entire Agreement

These terms constitute the entire agreement between BalanceHero and You and supersede all prior understandings between the parties relating to the subject matter herein. No term of the Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented.

25. CUMULATIVE RIGHTS

All remedies of the Parties under this Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.

26. Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is as follows:

Name: Sanjay Raul

E-mail address: terms@Balancehero.com