Arasur Digital

Assignment; Restrictions on Information Sharing; Privacy

1• These T&Cs, and any rights granted hereunder, may not be transferred or assigned by you without the store/Falcon Square’s prior written consent, which may be withheld at the store's sole discretion, but these T&Cs, and any rights granted hereunder, may be assigned by the store and Falcon Square freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.
2•By accepting the store Terms and the T&Cs in general, you agree to be a customer of the store. Additionally, you expressly and impliedly provide your free and unconditional consent for the following:
(a) transferring the store’s rights and obligations under the store Terms in favor of any affiliate of the store/Falcon Square or any third party;
(b) using the store Platform and availing of the store Services subject to any specific terms and conditions imposed by any affiliate of the store;
(c) receiving communications, notices, and information from the store/Falcon Square or any affiliate;
(d) sharing of business information (including any information relating to you or the services being availed by you) in relation to the store service (including data analytics) between the store/Falcon Square and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes:
(i) provision of better services to the store’s customers (including you);
(ii) provision of better services by the store’s vendors and store establishments;
(iii) preventing any breach of a binding agreement between the store and any affiliate, or giving effect to any such agreement;
(iv) ensuring compliance with applicable law or legally compelled disclosures by the store or any affiliate of the store/Falcon Square;
(v) preventing fraud and money laundering and enhancing risk mitigation systems and processes in relation to the activities of the store/Falcon Square or any affiliate;
(vi) Retaining any and all information relating to you till such time as may be required under applicable laws or internal policies.
3• At times, the store/Falcon Square or its affiliates may make certain personal information available to affiliates and strategic partners that work with the store/Falcon Square to provide products and services, or that help the store market to customers. Personal information will only be shared by the store/Falcon Square to provide or improve the store’s products, services, and advertising, and will always be shared in compliance with applicable laws.
4• Falcon Square, among others, may share information with companies (including its affiliates) that provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in the store/Falcon Square’s products and services offering, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable laws and these companies are obligated to protect your personal information under applicable law.
5• It may be necessary – by law, legal process, litigation, and/or requests from public and governmental authorities – for the store/Falcon Square to disclose your personal information. The store/Falcon Square may also disclose information about you if the store/Falcon Square determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
6• The store/Falcon Square may also disclose information about you if the store/Falcon Square determines that disclosure is reasonably necessary to enforce the store Terms or the T&Cs in general or protect the store/Falcon Square’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of Falcon Square’s business or products or services offered through any store Platform to any person (including any affiliates), Falcon Square may transfer any and all personal information that Falcon Square collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees.
7• Falcon Square’s privacy policy applies to the use of the store Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the store Platform, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the store Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Confidentiality

8• You specifically agree that in order to facilitate the provision of the store , the store with the assistance of Falcon Square or Falcon Square individually may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise, or any third party.

Terms of Policy ARASUR DIGITAL - Terms and Conditions Please read the following terms and conditions (“T&Cs”) carefully before registering for, accessing, or using the store (as defined below), located at the Falcon Square-powered store mobile application on any device and/or before availing any e- services that may be offered by the store using Falcon Square technology on the store Platform (hereinafter, individually store Service and collectively, the store Services powered by Falcon Square). The store is issued by the store, and the store Services powered by Falcon Square are provided by Falcon Square Pvt Ltd, a private limited company registered under the Companies Act, 1956, having its registered office at Falcon Square Pvt Ltd, No.48, Kovaithirunagar, Goldwins, Coimbatore-641004, Tamil Nadu, India. The customers using the store may use the amounts in the store for making payments towards transactions done by customers on the store App. Customers shall not be permitted to make any cash withdrawals from the store . By registering for or using the store , you represent and warrant that you have the right, authority, and capacity to enter into these T&Cs and to abide by all the T&Cs.

Eligibility

1• The store Services powered by Falcon Square are not available to persons under the age of 18 or to anyone previously suspended or removed by store owners with assistance from Falcon Square from availing the Services or accessing the store Platform. By accepting the T&Cs or by otherwise using the store Services on the store Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by the store, or disqualified for any other reason, from availing the Services or using the store Platform. In addition, you represent and warrant that you have the right, authority, and capacity to enter into these T&Cs and to abide by all the T&Cs. Finally, you shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity, age, or affiliation with any person or entity. In the event of any violation of the T&Cs, the store reserves the right to suspend or permanently prevent you from availing Services or using the store Platform.

Definitions

1• “Customer” or “you” means a person who has registered with the store Platform and avails the store , and who has accepted the T&Cs, and a person who owns, operates, or has access to an internet-compatible device that supports the store and the store Platform.
2• “store ” means the closed system pre-paid payment instrument issued by the store which is inbuilt in the application powered and supported by Falcon Square.
3• “store Account” means the Customer Falcon Square account classified as closed system payment instruments issued by accepting minimum customer details being Customer name, e-mail address, mobile number, which permit payment for purchase of eligible goods from the store Platform.
4• “Enrolment Form” means the store enrolment form, as may be required by the store from the Customer at the time of registration for availing and/or continuation of the store .
5• “KYC” stands for know your customer and refers to the personal identification and other information required by the store from you before any store Services powered by Falcon Square can be delivered. KYC documents/information may be required by the store from the Customer at the time of registration and/or on a later date, for availing and/or continuation of the store .
6• “Password” means the secret password used to secure store applications, without knowledge of which your store will not be operable.
7• “Transaction” means purchase of eligible products on the store Platform.

Documentation

1 • The collection, verification, audit, and maintenance of correct and updated Customer information is a continuous process and the store reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. The store reserves the right to discontinue services or reject applications for the store at any time if there are discrepancies in information and/or documentation by you.
2• You may be required to complete a verification process by furnishing your details (such as your name and date of birth) to comply with the KYC requirement under applicable laws.
3• Any information provided to the store with the intention of securing store services shall vest with the store and may be used by the store or Falcon Square, for any purpose that is not inconsistent with any applicable law or regulations, at its discretion.

Customer Obligations

1 • Any value in your store that is utilized towards making payments for any Transaction shall be automatically debited from your store . Falcon Square does not endorse, promote, or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using the store .
2• Store availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. Store availability is subject to the maintenance of a mobile phone handset and other applications on which the store Platform can run, and the Customer is solely responsible for all liability arising from the unavailability of the store Platform due to a deficient mobile handset or the internet service provider not being able to support any store channel or application.
3•You must ensure the availability of sufficient funds in your store before executing any Transaction from your store .
4• You shall be solely responsible for the confidentiality, safety, and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of the disclosure of the Password and/or the unauthorized use of the store . In case the Password is lost or misplaced, you shall promptly inform the store who may take assistance from Falcon Square by calling on the store numbers, where after the existing Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/SIM card/mobile number associated with your store is lost/stolen/misplaced/no longer in your control, you shall promptly inform the store. The store may, upon receipt of such information, block the relevant account with the assistance of Falcon Square.
5•You acknowledge and understand that the store is linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/theft/misuse of the mobile phone number or deactivation of the mobile connection by the concerned telecom service provider.
6•Information submitted by you for availing of the store and/or information submitted while using the store may be shared by the store with any affiliate of the store or any third party, inter alia, to facilitate the provision of the store or for the purposes specified in the T&Cs.

Indemnification

1• You agree to indemnify, save, and hold Falcon Square, its affiliates, contractors, employees, officers, directors, agents, and its third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to (i) your use or misuse of the store ; (ii) any violation by you of the T&Cs, including the store Terms; or (iii) any breach of the representations, warranties, and covenants made by you herein. Falcon Square reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Falcon Square, including rights to settle, and you agree to cooperate with Falcon Square’s defense and settlement of these claims. Falcon Square will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive the termination of these T&Cs, including the store Terms.

Additional T&C

1• Any web-link on the store Platform to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in relation to that web-link.
2• In the event of any Dispute (defined below), records as maintained by the store/Falcon Square shall be binding as conclusive evidence of the Transactions carried out through the use of the store .
3•The store may send customer communications by SMS and/or e-mail, and such SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
4•You agree to receive all commercial messages, including transactional messages, from the store platform.
5•The parties are independent contractors, and nothing in these store Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture, or partnership.

Amendment of Terms, Store Platform

1• The store may modify, terminate, and/or suspend the store service at any time with or without prior notice due to changes in internal policies, rules, regulations, and laws set by relevant authorities/regulators. The store may seek assistance from Falcon Square for such actions. The store reserves the right to change, modify, add, or remove portions of these T&Cs (each, a “change” and collectively, “changes”) at any time by posting a notification on the Falcon Square Platform or otherwise communicating the notification to you. The changes will become effective and shall be deemed accepted by you 12 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the store Platform, availing of the store service, or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the store Platform/store . For certain changes, the store may be required under applicable law to give you advance notice, and the store will comply with such requirements. Your continued use of the store Platform and the store following the posting of changes will mean that you accept and agree to the changes.

Intellectual Property Rights

1• Falcon Square, or its licensors, own all right, title, and interest, including, but not limited to, all copyright, trademark, patent, trade secret, or other proprietary rights (hereinafter “IP Rights”), in and to the store Platform, store Services, store , or usage data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform, or otherwise use the store Platform, store Services, or store , or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the store Platform or store , or use the store Platform or store to create a competing product. Unauthorized use of “Falcon Square” as a word, trademark, symbol, device mark, or word mark, is strictly prohibited. All rights are expressly reserved by Falcon Square to use the brand of “Falcon Square” in all its forms and variations.

Disclaimer; No Warranties

1• Falcon Square gives no warranty, express or implied, with respect to the store Platform and store . To the fullest extent permissible, pursuant to applicable law, Falcon Square and its third-party partners, licensors, and suppliers disclaim all warranties or guarantees - whether statutory, express, or implied - including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Falcon Square provides the store Platform and the store and any other technology and services on the store Platform on an “as is,” “where is,” “with all faults” basis.
2•No advice or information, whether oral or written, obtained by you from Falcon Square or through the store or the store Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “Falcon Square” includes Falcon Square’s officers, directors, employees, shareholders, agents, licensors, subcontractors, and affiliates. You expressly agree that use of the store on the store Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the store Platform or on the Internet generally.
3• The store , the store Platform, and any data, information, third-party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is,” “as available,” “with all faults” basis and without warranties or representations of any kind, either express or implied. Falcon Square and its third-party suppliers, licensors, and partners do not warrant that the data, Falcon Square provided store software, functions, or any other information offered on or through the store Services/Falcon Square Platform or any reference sites/platforms/apps/services will be uninterrupted or free of errors, viruses, or other harmful components and do not warrant that any of the foregoing will be corrected.
4•Falcon Square and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the store Services/store Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the store Services/store Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf, and you should not rely on any such statement.

Waiver and Release

1•The failure of Falcon Square to exercise or enforce any right or provision of the T&Cs will not constitute a waiver of such right or provision. Any waiver of any provision of the T&Cs will be effective only if in writing and signed by Falcon Square. To the maximum extent permitted by law, you waive, release, discharge and hold harmless Falcon Square, its affiliates, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the store Platform or store .

Consent to Electronic Communications and Transactions

1• By registering to use the store , 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 Falcon Square sends an electronic communication to your e-mail address/mobile number as per our records, or in the rare case, Falcon Square posts an electronic communication on the store Platform with consent or discussions of the store owners. The prerequisites for effective electronic Transactions and communications are as follows: (a) you must have access to the Internet through a broadband connection or mobile data or through any other applications; and (b) you must have a valid e-mail address and mobile number. You can withdraw your consent for electronic communication at any time by contacting store, but store reserves the right to terminate your store Account, as the case may be, upon such withdrawal. Withdrawal of your consent for electronic communication will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify store promptly if your email address, mobile number or other contact information changes by updating your account information or contacting store.

Limitation of Liability

1• In no event, Falcon Square or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) these T&Cs; (ii) the store , the store Platform or any reference site/app/platform/service; or (iii) your use or inability to use the store , the store Platform (including any and all materials) or any reference sites/app/platform/service or (iv) any other interactions with Falcon Square, however caused and whether arising in contract, tort including negligence, warranty or otherwise, even if Falcon Square or a Falcon Square authorized representative has been advised of the possibility of such damages. You acknowledge and agree that Falcon Square has offered its services to the store, the store set its prices, and entered into these T&Cs in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Falcon Square, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Falcon Square. Falcon Square would not be able to provide the services to the store and thereby to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Falcon Square’s liability will be limited to the fullest extent permitted by applicable law. This section of the store Terms shall survive the termination of these T&Cs.

Dispute Resolution

1•If any dispute, controversy or claim arises under these T&Cs or in relation to a store or the store Platform, including any question regarding the existence, validity or termination of the store Terms or the T&Cs in general or these T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Falcon Square may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Bengaluru and the language of this arbitration shall be English. Either you or store/Falcon Square may seek any interim or preliminary relief from a court of competent jurisdiction in Bengaluru necessary to protect the rights or the property belonging to you or store/Falcon Square (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor store/Falcon Square may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and store/Falcon Square. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of these T&Cs.

Governing Law

1•Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Falcon Square must be resolved by a court having jurisdiction in Bengaluru, India. You agree to submit to the personal jurisdiction of the courts located within Bengaluru, India, for the purpose of litigating all such claims or disputes. These T&Cs shall be governed by Indian law. This paragraph shall survive termination of these T&Cs.

Severability

1•If any provision of the T&Cs in general or as a whole is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from the T&Cs to the minimum extent required, and the remaining provisions will remain valid and enforceable.