Terms and Conditions

6th January 2020

Please read the following terms and conditions carefully before accessing, browsing or using this Payments Services hosted on Vihari Telugu Keyboard Android mobile application or any similar platform (hereinafter VIHARI) owned and operated by Keypoint Technologies UK Ltd. registered at 1 Ainslie Road, Hillington Park, Glasgow G52 4RU, Scotland and its subsidiary Keypoint Technologies India Pvt. Ltd. registered at RAJAPRAASADAMU, D.No. 1-55/4/RP/L2/W1, Level 2, Wing 2, Botanical Gardens Road, Kondapur, Hyderabad-500084, Telangana, India. (hereinafter collectively KPT). The terms and conditions is a legal agreement (AGREEMENT) between you and KPT.

Acceptance

You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services and/or immediately terminate the Services. If you use Vihari Telugu Keyboard and/or its services in conjunction with products proprietary to third parties, you must also read, agree to and comply with the terms and conditions set out in the relevant third party license terms. If you do not agree with the terms and conditions of this Agreement, your only recourse is to discontinue the use of the Software and/or its services. KPT reserves the right to amend or modify this Agreement at any time, and it is your responsibility to review this Agreement for any changes. If you do not agree to the revised terms of this Agreement, your only recourse is to discontinue the use of the Software and/or its services. Your continued use of the Software following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

Accepting or agreeing to the terms and conditions will constitute a legal agreement between You, being at least 18 years of age and an individual user of the Vihari Telugu Keyboard. Consequently, all the rights, benefits, liabilities and obligations under the terms and conditions shall, as the case may be, accrue to the benefit of, or incurred by, KPT regarding Your use of Vihari Payment Services (which includes but not limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets,), or any such other services which may be added on the Vihari Telugu Keyboard Platform. The Vihari Payment Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, KPT grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Vihari Telugu Keyboard and/or avail the Services.

Eligibility

In order to access and use the Vihari Payment Services you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law.

Debit/Credit Card, Bank Account Details

You agree that the debit/credit card details provided by you for use of the Vihari Payment Services must be correct and accurate and that you shall not use a debit/ credit card, that is not lawfully owned by you or the use of which is not authorized by the lawful owner thereof. You further agree and undertake to provide correct and valid debit/credit card details.

You may pay your bills using a debit/credit card or through online banking account. You warrant, agree and confirm that when you initiate a payment transaction and/or issue an online payment instruction and provide your bank details: You are fully and lawfully entitled to use such credit / debit card, bank account for such transactions; You are responsible to ensure that the card/ bank account details provided by you are accurate; You are authorizing debit of the nominated card/ bank account for the bill payments or recharges selected by you along with the applicable Fee; You are responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by you inclusive of the applicable Fee.

Refund and Cancellation Terms

The cancellation/refund in respect of any bill payments or recharges will also be governed as per the terms and conditions of the aggregator or of the merchant/vendor. KPT has no role in governing refund/cancellation charges. KPT will not be responsible for refund/cancellation including any charges arising therefrom. The aggregator or the merchant/vendor is solely responsible for the content/bookings made available by it through Vihari Telugu Keyboard platform. You should contact the respective aggregator or merchant/vendor directly in relation to the above mentioned queries. However, if in a transaction performed by you on the Vihari Payment Services for a recharge (mobile/DTH), money has been charged/debited from your bank account or card, and the recharge is not delivered within 48 hours of the completion of the transaction or the money is not refunded within 48 hours in case of a failed transaction, then you shall inform KPT by sending an email to our customer services under Contact Us section mentioned below. Please include the email address with the mobile/DTH account number, operator details, recharge value, transaction date and the transaction ID. KPT will investigate and if found that the transaction is failed (money was debited/charged but the recharge is not delivered), you will be refunded the money within 21 working days from the date of receipt of your email to your card or bank account.

Privacy

At any point, we never collect your bank account details or debit/credit card details. We collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to the Terms of Service, You hereby agree to Our Privacy Policy, which may be updated by Us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by You in connection with the Services may be shared with Our affiliates or partners. Please refer to the link below for detailed terms and conditions on Privacy Policy.

Consent to Electronic Communications and Transactions

By using our Services, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address/mobile number of yours, or when we post the electronic communication on the website. The requirements for such electronic transactions and communications following: you must have access to the Internet, mobile web, applications and a valid e-mail address. You can withdraw your consent at any time by contacting us, but we reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify us promptly if your email address, phone number or other contact information changes by updating your account information or contacting us.

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SOFTWARE AND/OR ITS SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KPT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE AND YOUR USE THEREOF. KPT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE PERFORMANCE, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWARE OR OTHERWISE AND ALL SUCH REPRESENTATIONS OR WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED AND EXCLUDED. KPT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SOFTWARE. KPT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOFTWARE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND KPT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

WITHOUT PREJUDICE TO INDEMNITY CLAUSE HEREINABOVE, IN NO EVENT WILL KPT OR ITS SUPPLIER BE LIABLE FOR (1) DIRECT, (2) INDIRECT, (3) SPECIAL, (4) INCIDENTAL OR (5) CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL OR BUSINESS) OR ANY OTHER LOSS RESULTING FROM ANY DEFECT IN AND/OR USE OF THE SOFTWARE AND ITS SERVICES EVEN IF KPT OR ITS SUPPLIER OR ANY SUCH ENTITY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTWITHSTANDING THE ABOVE, IF ANY LIABILITY SHOULD ARISE ON KPT’S PART OR THAT OF ITS SUPPLIER BY REASON OF THE LICENSING OR USE OF THE SOFTWARE OR OTHERWISE WHETHER DUE TO KPT, ITS SUPPLIER OR ANY OTHER SUCH ENTITY'S NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES WHATSOEVER EXCEED THE PRICE PAID BY YOU FOR THE LICENSE TO USE THIS SOFTWARE OR AT THE OPTION OF KTIPL OR YOUR SUPPLIER AS THE CASE MAY BE THE COST OF REPAIR OR REPLACEMENT OF THE DEFECTIVE SOFTWARE.

Indemnity

You agree to defend, indemnify and hold harmless KPT, its affiliate companies, officers, directors, employees and agents, (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, damages, obligations, losses, liabilities, costs or debts, judgments, settlements, fines, penalties and expenses (including without limitation to attorney's fees, court costs, and other legal expenses) arising out of, relating to, or resulting from: (i) your use of and access to the Software; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. (iv) any modification of the Software, or the combination, integration or use of the Software with any hardware, software, applications, systems or services not approved; This defense and indemnification obligation shall survive this Agreement and your use of the Software.

The User acknowledges that any unauthorized use, disclosure or infringement of the Software may cause irreparable harm incapable of adequate monetary compensation. KPT shall therefore be entitled to seek immediate injunctive relief, specific performance and any other equitable remedies without the necessity of proving actual damages.

Governing Law and Jurisdiction.

This agreement is governed by Agreement shall be governed by and construed in accordance with the laws of the Republic of India, This agreement is deemed to have been signed and executed Agreement shall be deemed to have been executed and performed in Hyderabad, Telangana, India, and you expressly submit yourself irrevocably and unconditionally submit to the exclusive jurisdiction of the competent courts at Hyderabad, India only Telangana, India, in respect of any disputes arising out of or relating to our Services this Agreement or the Software. You expressly waive any objection of whatsoever nature to Indian jurisdiction and agree not to raise any objection or take any plea as to Indian jurisdiction on the ground of forum inconvenient, delay, expense, hardship or otherwise howsoever irrevocably waive any objection to such jurisdiction or venue, including on the grounds of forum non conveniens or otherwise. Nothing in this Clause shall restrict KPT's right to seek interim, injunctive or equitable relief before any court of competent jurisdiction.

Disclaimer

The Service is provided in order to facilitate access to view and pay bills and recharges online. KPT and third party partners make no warranty, express or implied regarding the quality of Services including but not limited to the Services will meet your requirements; the Services will be uninterrupted, timely or error free; or any products, information or material obtained by you in connection with the services will meet your requirements. It is your responsibility to evaluate the accuracy, completeness and usefulness of the Services and other information provided by KPT’s mobile application VIHARI AI Keyboard or generally available. We do not authorise anyone to make any warranty on our behalf and you should not rely on any such statement. By accepting/ agreeing to these Terms and Conditions, you expressly agree that your use of the aforesaid online payment service is entirely at your own risk and responsibility.

General Terms

The terms of this Agreement, together with the Privacy Policy and any other legal notices published by KPT (or its affiliate companies), shall constitute the entire agreement between you and KPT concerning the Software. Nothing in this Agreement or otherwise shall obligate either party to enter into any further or future agreement with the other.

KPT reserves the right to amend or modify this Agreement at any time, and it is your responsibility to review this Agreement for any changes. If you do not agree to the revised terms of this Agreement, your only recourse is to discontinue the use of the Software. Your continued use of the Software following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

Failure by either you or KPT to exercise or enforce any available rights shall not amount to a waiver of such rights or the future exercise of such rights or any future rights.

If any provision of this Agreement is found invalid or unenforceable pursuant to any judicial decree or otherwise, the remainder of this Agreement shall remain valid and enforceable according to its terms.

This Agreement shall inure to the benefit of and be binding upon KPT and you and KPT’s successors and permitted assigns; provided, however, that, except as otherwise expressly contained in this Agreement, you shall not make any assignments of this Agreement or any interest herein, without the prior written consent of KPT.

To avoid doubt, if your supplier under this Agreement is not KPT, then KPT shall be a third party beneficiary of this Agreement and the provisions herein shall be enforceable against KPT in addition to the supplier.

Contact Us

Should you have any questions, complaints, or feedback related to Vihari Payment Services, please contact us at support@viharikeyboard.com.