Terms of Service
Last updated on Mar 28, 2017
Last updated on Mar 28, 2017
Please read these Terms of Services (“Terms”), a legal agreement between Balance Hero India or Balancehero India Pvt. Ltd. a Company incorporated under the Companies Act, 2013 of the first part having its registered office at 2nd floor, Plot no.121, Sector 44, Gurgaon, Haryana, India, 122022 (in any case, hereinafter referred to as “Balance Hero”) and users (“Users” or “You”) of the second part which shall govern use of and access to the licensed technology platform accessible through mobile phones, smart phones consisting of hardware and / or software ( “True Balance Application”) or other services, offered by Balance Hero including the global Phone Expense Management (PEM) services (all collectively “Services”), irrespective of release version. By accessing or using any of the Services, You agree to be bound by these Terms. By creating an account, you agree to True Balance Promotion Terms & Conditions(http://truebalance.io/terms-of-service/promotc).
Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms.
If you violate these Terms, we may issue you a warning or terminate your ability to use the Service. You 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 Balance Hero may be entitled at law or in equity.
By clicking “sign up” or the ‘I accept’ tab at the time of registration, or through the continued use or accessing the True Balance Application, You agree to be subject to these Terms.
We request You to please read these Terms carefully and do not click “sign up” or “I accept” or continue the use of True Balance Application and Services unless You agree fully with these Terms.
By becoming a registered user of True Balance Application, you agree to be contacted by True Balance Application via communication modes including but not limited to email, SMS, MMS, and telephonic calls.
You must be 18 years of age or older at the time of accessing or using True Balance Application and any of the Service. 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 identity, age or affiliation with any person or entity.
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 opened by the User having a pre-paid mobile connection operating on Android mobile operating system by downloading the True Balance Application and 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 pre-paid mobile connection operating on Android mobile operating system.
You shall not :
– 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.
Balance Hero reserves the right to refuse registration of, or cancel a User Name in 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. 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 in 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.
In Balance Hero’s mission to build the most accurate and complete Phone Expense Management (PEM) service accessible to anyone, anywhere across the globe, the Service is depending on the Users sharing certain information. Balance Hero is therefore firmly committed to the security and protection of integrity of the Users of the Services and their phone expense information.
For the purpose of the Services, any data shared with Balance Hero will only be used to check the phone balance, recharge (a.k.a top up) information, usage information already available to the User by browsing the record in the mobile device and by browsing any related information sent via USSD, SMS, MMS, WAP link, Mobile Internet, or WEB from the subscribed mobile telecommunication operators.
Regarding 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, 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 Balance Hero and other Users.
– You shall not use the Services for any commercial purpose.
– You shall not to harm Balance Hero’s rights under these Terms.
– You shall use the Service subject to these Terms and will not abuse your right, violating duty of good faith.
– You shall not try to access the Service using a method other than the interface and the instructions that Balance Hero provides.
– You shall not use the Services or the Content (defined below) illegally, harmfully or in an offensive manner to Balance Hero, 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 Balance Hero.
You shall not host, display, upload, modify, publish, transmit, update or share any of the information that:
Unless specifically requested by Balance Hero, 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, social security 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, 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 in nature;
– 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, 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;
– shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
You acknowledge and agree that Balance Hero is not responsible for any results from such misuses or torts, committed by You.
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”).
You shall indemnify and hold harmless, Balance Hero, its affiliates, any third party content / networks / infrastructure providers and their respective directors, officers, personnel, contractors and agents, for and against any and all claims, suits, judgment, losses, damages, cost and expenses arising or relating to your (i) use of the True Balance Application and Service or (ii) your breach of these Terms or any (iii) other restrictions or guidelines provided by Balance Hero or (iv) any negligent or intentional wrongdoing on Your part.
This indemnification obligation will survive after the termination of these Terms.
The Service and True Balance Application are exclusive properties of Balance Hero. Without limitation of the foregoing, other than the User Content (mentioned below), 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 (Collectively the Content), and all software embodied therein is proprietary to and owned by Balance Hero, 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. Balance Hero 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.
You acknowledge that Balance Hero owns all rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in and to the True Balance Application including the software, the present or future modifications / upgradations thereof and standard enhancements thereto and the Service offered thereunder.
Subject to your compliance with these Terms at all times, Balance Hero grants You a personal, limited, no-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 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 prohibit 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 Balance Hero to You.
The License does not allow You to use True Balance’s name, trademarks or other commercial symbols. All rights and licenses not expressly granted to You under these Terms shall be owned by Balance Hero.
Balance Hero may, in 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, the 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 Balance Hero, you grant Balance Hero 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.
Intentionally providing fraudulent information on the True Balance Application and while using the Service in any manner will result in deletion of such User’s account without prior notice and may be deemed to relinquish all rewards offered to the account.
Such fraud includes providing false information to the Service and any attempts with an unfair intention to obtain rewards from any offer provided by Balance Hero, which is not accordance with Balance Hero’s promotional purpose. The fraud includes, but not limited to, providing other person’s personal information to apply for promotional offers or applying one-time promotional offer for multiple times using multiple accounts, regardless of an approval of the owner of the accounts.
Multiple signups by any individual user shall be grounds for immediate termination of all involved accounts. Balance Hero reserves the right to file charges against an individual in an attempt to recover any rewards provided to the User.
Once Balance Hero detects any fraud under these Terms, Balance Hero may immediately suspend the User’s account and forfeit all rewards granted to the User.
Balance Hero strives to provide adequate and efficient technical support, upgrades and updates for the Services. Balance Hero 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.
Balance Hero reserves the right, at its own discretion, to freely assign and transfer the rights and duties under these Terms to any third party. User shall not have any right to assign or transfer their rights and duties under these Terms to any third party.
We are a reseller only. Balance Hero does not provide any mobile service and is only a reseller of prepaid mobile services by telecommunication service providers, the providers of such prepaid recharge (the ‘Telco’ or ‘Telcos’), other distributors or aggregators of such Telco’s. Balance Hero is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s. We are not liable to refund of recharge for any breach of contract by the Telco. Any disputes regarding the quality, availability, cost, expiration, or other terms of the recharge must be handled directly between You (or the recipient of the recharge) and the Telco.
-The maximum permitted value of Recharge for each mobile number shall not exceed INR 1,000/- (Indian Rupees One Thousand only) per one day if you recharge with Points earned as a result of participating in True Balance’s promotions.
-You can recharge multiple mobile numbers from your account. The maximum permitted value of Recharge for each account shall not exceed INR 2,000/- (Indian Rupees Two Thousand only) per one day if you recharge with Points earned as a result of participating in True Balance’s promotions.
The maximum permitted value of Recharge 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 Balance Hero.
Balance Hero will not guarantee that your recharge operation or data use in the Service will always be reflected to actual balance managed by the Telco. Since Balance Hero acts as an intermediary between You and the Telco, Balance Hero does not have any liability to refund the payment for recharge or to indemnify any damages from such omission or malfunction.
Balance Hero’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Balance Hero is merely providing a platform to the User for recharging their mobile phone.
Balance Hero is not responsible for any delay, pricing or cancellation of recharge from mobile operators end. User is solely responsible for the selection of the mobile operator.
Your right to use the Services continues until these Terms are terminated. Balance Hero may terminate them and Your use of the Services at any time with thirty (30) days’ notice in advance.
You may terminate these Terms at any time by uninstalling the True Balance Application and ceasing the use of the Services.
These Terms will automatically terminate if You fail to comply with these Terms.
Upon any termination, You agree to stop using the Services. Upon termination by You, or by Balance Hero 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 Balance Hero 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.
Balance Hero reserves the right, at its own discretion, to remove any unused credits regardless User’s any right to request refund after twelve (12) months from the purchase.
Provisions of No Warranty, Limitation of Liability, and Termination Sections shall survive for 5 years from any termination of these Terms.
As Balance Hero 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.
Balance Hero reserves the right to modify the Services and these Terms at any time, at its sole discretion. Balance Hero will do its best to notify such change of the Terms, by publishing on the True Balance Application or Website. However, Balance Hero 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BALANCE HERO 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.
BALANCE HERO 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.
Balance Hero makes no representation that the Services are available in any particular location.
Balance Hero 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.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT BALANCE HERO 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 BALANANCE APPLICATION, SERVICES OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, BALANCE HERO 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.
BALANCE HERO 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.
BALANCE HERO SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE APPLICATION BY BALANCE HERO OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
You understand and acknowledge that Balance Hero is not liable for network-related problems under the operation of the Services and any changes in network configuration may affect the Services’ performance.
Balance Hero will make an effort to provide correct information through Service. However, Balance Hero 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. Balance Hero 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. Balance Hero 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.
Balance Hero’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)
Use of the Services, functionalities of the Service and relationship between You and Balance Hero 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 first instance.
Balance Hero 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 Balance Hero
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.
These terms constitute the entire agreement between Balance Hero 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.
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: email@example.com