Terms & Conditions
DIGISSENTIAL ENTERPRISES PRIVATE LIMITED (“DigiSsential”) is the sole owner and proprietor of the ‘Bill Bachao’ mobile application (the “Application”) which provides end users access to the Services (defined below) and Plans (defined below) provided by DigiSsential via the Application or on its website www.billbachao.com (the “Website”).
DigiSsential reserves the right to modify the TOU at any time, without any prior notice to you. It is your responsibility to review the TOU from time to time. You will be deemed to have accepted the terms of the TOU, as amended, if you continue to use the Services (defined below) after the TOU is modified. Discontinuing use of the Services will not affect the applicability of the TOU to your prior uses of the Services via the Application or the Website.
- 1.1 You agree that the creation of a user account is mandatory if you are keen on using the Services via the Application. However, for accessing the Services via the Website it shall not be mandatory for you to open a user account. You agree not to reveal your user account information to anyone. You are solely responsible for maintaining the confidentiality and security of your user account and for all activities that occur on or through your user account. Further, you agree that use of the Application requires compatible mobile devices, now known or later developed (“Device”).
- 1.2 By clicking on “I AGREE” you agree that you are at least eighteen (18) years of age. If you are under the age of eighteen (18) years, you agree that you and your parent or legal guardian have reviewed this TOU and further if required your parent / legal guardian shall perform or undertake such activities to enter into a legally binding agreement with DigiSsential. You agree that you are fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in this TOU. You hereby represent that you have the right, authority, and capacity to enter into this TOU and can abide by all of the terms and conditions set forth therein.
2. Grant of License:
- 2.1 Software License: You hereby agree that all rights, title and interest in the Application are owned by or licensed to DigiSsential. Subject to your strict and full compliance with the TOU, DigiSsential hereby grants you a revocable, non-exclusive, non-transferable, non-sub-licensable, limited license, to download, install and use the Application on a single Device owned and controlled by you, and to access and use the Plans through the Application on such Device or through the Website, strictly in accordance with the terms of the TOU. The Application includes (i) the software application in object code that you may access and download and the scripts, interfaces, graphics, displays, text, documentation and other components/associated data and information made available to you as part of the software; and (ii) any updates, modifications, or enhancements to (i) or any part thereof, as may be provided by DigiSsential.
- 2.2 “Plans” shall include recharge and mobile plans provided by third parties through the Application and/or the Website. All Plans made available to you by DigiSsential will be on an ‘AS IS’ basis. The Plans shall be provided to you on payment of a Subscription Fee as specified in Clause 6.1 below.
- 2.3 Except for the rights expressly stated herein, no other rights are granted to you with respect to the Application, the Services or the Plans, either by implication, estoppel, or otherwise.
- 3.1 Based on (a) crowd sourced information; (b) inputs provided by you; and (c) data procured from your Device, DigiSsential shall provide the Services to you. “Services” shall mean recommendations, time saving tips, money saving tips related to mobile data plans, notifications, network experience analysis, provision of access to Plans & for purchase of prepaid mobile recharge analysis of current signal strength and speed test and other related details analysed by DigiSsential. You understand that the aggregate of all such information, as listed herein, is based on variable factors and hence the accuracy of the Services cannot be guaranteed by DigiSsential and are provided on a best efforts basis.
- 3.2 DigiSsential shall use reasonable efforts to make the Services available to you, at all times through the Application/Website. However, as the Services are provided over the Internet, data and cellular networks, the quality and availability of the same may be affected by factors outside DigiSsential’s control. DigiSsential will not be responsible for any support or maintenance for the Application, you may need as a consequence of your using the Application.
4. Terms of Accessing the Application, the Services and the Plans:
- In using the Bill Payment Service, you agree to:
- 4.1 The Application is merely intended as a means to provide the Services and the Plans to you. Your access of the Application signifies your consent to view / receive all such Plans based on the Services.
- 4.2 DigiSsential may, in its sole discretion, and without any obligation or liability towards you (including refund or credits for any subscription fee whether in full or in part thereof), restrict or expand the scope of Services provided to you, or add or delete one or more Plans, or any feature from the Application for the Plans or any of your rights or authorizations at any time, without any notice to you. You agree to abide by the changes made under this provision.
- 4.3 From time to time, and without prior notice to you, DigiSsential may provide updates of the Application, or may issue upgraded versions of the Application. However, DigiSsential shall be under no obligation to do so. All updates/upgrades provided by DigiSsential will be subject to the terms of this TOU and any amendments made to the TOU from time to time.
- 4.4 Provide true, accurate, current and complete information about yourself (“Registration Data/Personal data”), your Payment Account details (“Payment Data”), your Biller details (“Biller Data”)
- 4.5 Maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BillBachao has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BillBachao has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The term biller includes telecom operators.
- In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail
5. Restrictions on use of the Application and the Plans:
- 5.1 You shall use the Application strictly in accordance with the TOU and shall not: (i) decompile, disassemble, reverse engineer or attempt to derive the source code of or in any manner decrypt the Application; (ii) make any modification, adaptation or improvement, enhancement, or derivative work from the Application; (iii) violate any applicable laws or regulations in connection with your access or use of the Application or the Plans; (iv) remove or obscure any proprietary notice (including any notice of copyright or trademark) forming a part of the Application or the Plans; (v) use the Application, Services or the Plans for any revenue generation endeavor, or any other purpose for which it is not designed or intended; (vi) install, use or permit the Application to exist on more than one Device at a time, other than by means of your separate downloads of the Application, each of which is subject to a separate license; (vii) make available the Application/Services/Plans ove r a network or other environment permitting access or use by multiple users at the same time or where it could be used by multiple devices at the same time, whether or not the same is for commercial use; (viii) use the Application for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with the terms of the TOU; (ix) use the Application to attempt to interfere with the proper display of the Plans; (x) use the Application for undertaking any hacking activities like breaching or attempt to breach the security of another user or attempt to gain access to any other person's computer, software or data without the knowledge and consent of such person; (xi) use the Application for creating a service or software that is directly or indirectly, competitive with the Application or the Services; or (xii) derive any confidential information, processes, data or algorithms from the Application.
- 5.2 You also expressly agree not to engage in any use or activity that (a) may interrupt, destroy, alter, damage, delay, or limit the functionality or integrity of the Application or the Plans including that of, any associated software, hardware, telecommunications or wireless equipment; (b) may manipulate identifiers, or numeric information to disguise the origin of any user, device, material or other information; (c) may interfere with the proper working of the Application or prevent others from using the Application; or (d) may delete the copyright and other proprietary rights notices on the Application.
- 5.3 You agree not to use the Application for any activity relating to infringement of any intellectual property rights, including any trademarks, service marks, or trade names, privacy rights, personality rights, or any other proprietary rights of any third party. The Service is intended for users in India and users may access the same via the Application and/or the Website in the territory of India and DigiSsential shall not be liable for use and effect of such use outside India. DigiSsential shall have the right to use various technologies and digital rights management mechanisms to enforce this territorial restriction and/or to verify your compliance with this restriction.
- 5.4 Nothing contained herein shall be construed or implied to grant any right or license to use any trademarks, trade names, service marks or logos, which are a part of the Application or the Plans, without the prior written consent of the owner of rights in such marks.
- 5.5 You shall not use the Services by any means other than through use of the Application or Website. You shall, unless explicitly provided herein, neither directly nor through the use of any device, software, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, modify, sell the Plans or any part thereof.
- 5.6 You agree not to, or permit anyone else to, circumvent, disable or otherwise interfere with security-related features and any digital rights management mechanisms of the Application. You agree that DigiSsential shall have no liability for, and you agree to defend, indemnify and hold DigiSsential harmless against, any claims, losses or damages arising out of, or in connection with, your unauthorized use of the Application including any information made available via the Application.
- 6.1 You hereby agree that for subscribing to any Plans, you shall be required to pay the requisite subscription fee to DigiSsential, as per the subscription plan selected by you (“Subscription Fee”). The Subscription Fee shall be inclusive of applicable taxes. Unless otherwise specified, Subscriptions Fee once paid is non-refundable. The subscribed services will automatically be terminated once the subscription period is over.
- 6.2 At the time of subscribing to the Plans, you agree to DigiSsential’s collection of the Subscription Fee associated with the subscribed Plans as selected by you, through your credit (or debit) card/net banking using the payment gateway authorized by DigiSsential.
- 6.3 DigiSsential will not be responsible, nor will you be entitled for any refunds of Subscription Fee for unavailability of the Plans due to disruption, unavailability, or failure in your telecommunications equipment or internet connection or other relevant services.
7. Rights of DigiSsential:
- Upon your breach of this TOU or any other restrictions or guidelines of DigiSsential for use of the Application, DigiSsential reserves the right to take any responsive actions which DigiSsential may deem appropriate. Such actions may include (but may not be limited to) termination of your subscription or immediate suspension or cancellation of your access to the Plans via the Application, without any obligation of DigiSsential to refund any Subscription Fee whether in whole or in any part thereof.
- You shall indemnify and hold harmless, DigiSsential, 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 use of the Application, the Services and/or the Plans or your breach of the terms of the TOU or any other restrictions or guidelines provided by DigiSsential. This indemnification obligation will survive this TOU and your use of the Application/ Services / Plans.
9. Disclaimer of Warranties:
- 9.1 THE APPLICATION, SERVICES AND ALL CONTENT PROVIDED THROUGH THE APPLICATION, IS PROVIDED ON AN “AS-IS” AND “WITH ALL FAULTS AND RISKS” BASIS, WITHOUT WARRANTIES OF ANY KIND. DIGISSENTIAL DOES NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF THE APPLICATION, SERVICES OR ANY CONTENT OR ITS SUSTAINABILITY FOR A PARTICULAR PURPOSE. FURTHER, THE SERVICES ARE PROVIDED TO YOU BASED ON VARIABLE FACTORS SUCH AS CROWD SOURCED INFORMATION AND INPUTS FROM YOU AND HENCE THE ACCURACY OF THE SERVICES CANNOT BE GUARANTEED BY DIGISSENTIAL. ACCORDINGLY, DIGISSENTIAL DOES NOT ACCEPT ANY RESPONSIBILITY FOR ACCURACY AND AVAILABILITY OF THE APPLICATION, THE SERVICES AND/OR CONTENT, AT ANY TIME. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, DIGISSENTIAL DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE APPLICATION, SERVICES AND THE CONTENT OR ANY M ATERIAL THE REOF WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DIGISSENTIAL DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL RESULT IN COMPLIANCE, FULFILLMENT OR CONFORMITY WITH THE LAWS, REGULATIONS, REQUIREMENTS OR GUIDELINES OF ANY GOVERNMENT OR GOVERNMENTAL AGENCY.
- 9.2 To the maximum extent permitted by applicable law, DigiSsential provides no warranty on use of the Plans and shall not be liable for the same under intellectual property rights, libel, privacy, publicity, obscenity or other laws. DigiSsential also disclaims all liability with respect to the misuse, loss, modification or unavailability of any Plans.
10. Limitation of Liability:
- 10.1 YOU ASSUME THE ENTIRE RISK OF USING THE APPLICATION, THE SERVICES AND THE PLANS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGISSENTIAL BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, FAULTY SELECTION OF CONTENT BY DIGISSENTIAL, FOR YOU, BASED ON THE SERVICES PROVIDED, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS OF THE APPLICATION, THE SERVICES OR THE CONTENT OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE APPLICATION, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT DIGISSENTIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OT HER CLAIM A RISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE APPLICATION, SERVICES OR THE CONTENT. FURTHER, DIGISSENTIAL SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE APPLICATION BY DIGISSENTIAL OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
- 10.2 DIGISSENTIAL’S AGGREGATE LIABILITY (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS AFFILIATES SHALL BE LIMITED TO INR [Rs. 5,000].
11. Governing Law:
- This TOU is governed and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction to hear disputes arising out of the TOU.
12. Force Majeure:
- DigiSsential shall be under no liability whatsoever in the event of non-availability of any portion of the 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 DigiSsential.
- Any failure by DigiSsential to enforce the TOU, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.
- If any of the provisions of this TOU are deemed invalid, void, or for any reason unenforceable, that part of the TOU will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the TOU.
15. Entire Agreement:
- The TOU as amended from time to time, constitutes the entire agreement between the parties and supersedes all prior understandings between the parties relating to the subject matter herein.
- We accept Visa and Master Credit Card, Debit Cards and Net banking as mode of payments which are processed through our payment gateway partner (Billdesk) “IndiaIdeas.com Limited”. No information pertaining to payment is shared with us as you fill all the payment related information on your bank's site.
- BillBachao is only a reseller of prepaid mobile services by telecommunications service providers or the providers of such prepaid recharge (the ‘Telco’ or ‘Telcos’) or other distributors or aggregators of such Telco’s. BillBachao is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s. BillBachao has tied up with a third party enabler for the recharge. BillBachao is not responsible for any delay, pricing or cancellation of recharge from mobile operators end. Though, best efforts are made to keep the service above acceptance levels.
- User is solely responsible for the selection of mobile operator and the recharge amount. BillBachao is not responsible for talk-time / benefits given against recharge done through BillBachao as this is purely at mobile operator's disposal.
- The cashback is only for individual users and no commercial usage is permitted
Copyright © 2016, DIGISSENTIAL ENTERPRISES PRIVATE LIMITED
All rights reserved.