Please read and accept these Terms of Services carefully before using Jupiter Edge.
The words “Jupiter Edge”, “We” and “Us” refers to LivQuik Technology (India) Private Limited, a
company
incorporated under the laws of India and having its registered office at B-206, Supreme Business Park,
Hiranandani Gardens,
Powai, Mumbai-400076.
The words “you”, “your”, “user” or “yours” refer to the account holder using
Jupiter Edge. The terms / words not defined herein shall have the same meanings as defined in the Terms &
Conditions applicable
to the use of LivQuik.
Notwithstanding anything to the contrary mentioned elsewhere in this Terms and Condition, this page
contains important information regarding the Terms and Conditions (“T&Cs”) applicable to the user when
availing any services
from the LivQuik mobile application known as “Jupiter Edge”. Please read the T&Cs carefully before using
Jupiter Edge. By using Jupiter Edge, you signify your agreement to be bound by this T&Cs.
These Terms of Services (ToS) supplements and are in addition to, and not in derogation of, the
applicable Terms & Conditions of LivQuik and will continue to be governed by regulations of Reserve Bank
of
India (“RBI”) on prepaid
payment instruments (PPI).
These Terms & Conditions apply to all transactions on or through Jupiter
Edge
“Mobile App” involving Jupiter Edge and form the contract between the Jupiter Edge holder and LivQuik
subject to which
Jupiter Edge is issued by LivQuik Technology (India) Private Limited. In relation to these Terms &
Conditions :
-
All references to singular shall include plural and masculine gender shall include feminine gender.
-
The clause headings are only for convenience and do not affect the meaning of the relative clause.
-
If any provision hereof is held to be illegal, void or unenforceable by any court of competent
jurisdiction, such provision shall be deemed to be deleted here from and the remaining Terms and
Conditions shall continue in force and effect.
1. DEFINITIONS
In this document, the following word and phrases shall have the following meanings:
-
The words “LivQuik”, “We” and “Us” refers to LivQuik Technology (India) Private Limited, a company
incorporated under the laws of India and having its registered office at B-206, Supreme Business Park,
Hiranandani Gardens, Powai, Mumbai-400076 and includes
its successors and assignors.
-
“LivQuik” shall mean LivQuik Technology (India) Private Limited, i.e., the proprietors of Jupiter
Edge.
-
“Applicant” in relation to Jupiter Edge means a person who applies for and receives the Jupiter Edge
Account from LivQuik Technology (India) Private Limited through Jupiter Edge
-
“Jupiter Edge Account” means the account opened in the name of an applicant and maintained by LivQuik
Technology (India) Private Limited for the purpose of usage of the account as per the Terms &
Conditions
contained herein.
-
“Jupiter Edge Account Holder/ Account Holder” means an Individual who has acquired a Jupiter Edge
Account for purchase of goods, services and remittances.
-
“Jupiter Edge” means a prepaid instrument issued by LivQuik to a Jupiter Edge Account Holder in terms
hereof. It facilitates purchase of goods & services and remittances against the value stored on such
instruments. “Enterprise” shall mean any company,
partnership firm and/or sole proprietorship firm that desire to utilize the facility of Jupiter Edge
provided by LivQuik Technology (India) Private Limited, to its employees/consultants/distributors as
the
case may be.
-
“Merchant” means an establishment which has an arrangement with LivQuik to accept and honour Jupiter
Edge, for paying consideration for sale of goods and services by the Merchant to the Jupiter Edge
Account Holder. Merchants shall include among others,
stores, shops, restaurants, transport organizations as advertised from time to time by LivQuik.
-
“Available Amount” means in relation to the Jupiter Edge Account, the amount available at a given
point
of time for use by the Jupiter Edge Account Holder, being a sum of amount(s) deposited in Jupiter Edge
as reduced by (a) the amount(s) utilized by
using Jupiter Edge for transaction(s) and (b) fees, costs and expenses as charged by LivQuik
Technology
(India) Private Limited.
-
“Password” means the alphanumeric string required for authenticating the use of Jupiter Edge on a
mobile
or web platform allocated by LivQuik or chosen by Jupiter Edge Account Holder from time to time.
-
“Transaction” means an instruction or an inquiry or communication as appearing in LivQuik’s records,
given or made by Jupiter Edge Account Holder using Jupiter Edge directly or indirectly to LivQuik to
effect a transaction, whether via Mobile or any other
device of LivQuik or of the LivQuik’s shared network.
-
“Tariff Annexure” refers to the annexure detailing the charges applicable for services offered on the
PPI. The charges are subject to change at the sole discretion of LivQuik Technology (India) Private
Limited. However, such changes in the charges may
be made only with prospective effect giving prior notice to the Jupiter Edge Account Holder.
-
“Escrow Account” For the safety of the Account Holder’s fund, LivQuik has ensured that the same is
transferred into LivQuik escrow account opened with a Escrow Bank wherein LivQuik can operate account
only for settling the funds with the Merchants, partner
Regulated Entities or remittance recipients. It ensures that, in case, LivQuik defaults, the funds are
secure, and Account Holder can claim the same from the Partner Bank by providing appropriate proofs as
deemed fit by
the Escrow Bank.
-
“Know Your Customer (KYC)” refers to the various norms, rules, laws and statutes issued by RBI from
time
to time under which LivQuik is required to procure personal identification details from you before any
services can be delivered.
-
“Offer(s)” Vouchers, coupons, discounts or other valuable content that can be redeemed at a
participating Merchant.
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“Escrow Bank” means IDFC First Bank with whom LivQuik has opened Escrow Account.
2. APPLICATION FOR JUPITER EDGE
A person desirous of availing Jupiter Edge should apply to LivQuik using its mobile application Jupiter
Edge
Merchant and accept Terms & Conditions laid out for the use of Jupiter Edge. Jupiter EdgeMerchantJupiter
Edge LivQuik shall have a right, not
to consider any application, without assigning any reason.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
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You must be a resident of India and 18 years or older to use the services.
-
In order to register, create and use an account, LivQuik may require that you submit certain personal
information and sensitive personal information, including but not limited to your Name, Mobile Phone
Number, E-mail Address, Date of Birth, and Unique
Identification Number (UIN) to LivQuik. During the registration process, or when you access the
Jupiter
EdgeJupiter Edge Mobile App from a phone, your phone’s device ID may be stored. You agree that the
personal information
you provide to LivQuik upon registration and at all other times will be true, accurate, current and
complete. You agree to maintain and update this personal information to keep the personal information
true, accurate, and
complete.
-
You hereby authorize LivQuik, directly or through third parties, to make any inquiries we consider
necessary to validate your identity and/or authenticate your identity and account information. This
may
include asking you for further information and/or
documentation about your account usage or identity, or requiring you to confirm identification by
furnishing KYC documentation, ownership of your email address, telephone number or financial
instruments, among others. This
process is for internal verification purposes.
4.IDENTITY AUTHENTICATION
You hereby authorize LivQuik, directly or through third parties, to make any inquiries we consider
necessary
to validate your identity and/or authenticate your identity and account information. This may include
asking
you for further information and/or
documentation about your account usage or identity, or requiring you to confirm identification by
furnishing
KYC documentation, ownership of your email address, telephone number or financial instruments, among
others.
This process
is for internal verification purposes.
5.JUPITER EDGE SECURITY
-
The Jupiter Edge Account Holder shall be responsible for the security of Jupiter Edge Account and
ensure
all steps towards safekeeping and authorized use of Jupiter Edge.
-
LivQuik will initially ask the customer to generate a Password for the safety of Jupiter Edge Account
of
the customer.
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The password should only be entered where prompted by LivQuik or third party platforms to authenticate
the Jupiter Edge Transaction.
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The Jupiter Edge Account Holder shall not disclose the password to anyone verbally, or in writing nor
record it elsewhere.
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The security of the Password is very important and breach of any of the above requirement shall amount
to unauthorized use of Jupiter Edge without the LivQuik being liable for such use.
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The Jupiter Edge Account is non-transferable.
6.DEPOSIT/LOAD JUPITER EDGE
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The amount that can be deposited in the Jupiter Edge Account is governed by policies laid down by RBI.
These involve monthly limits, transaction limits as well as balance limits on the account.
-
In addition to RBI guidelines, LivQuik at its discretion, could impose further limits on the amount of
money you deposit in your account. Please see our FAQ for more details on limits. If we have
authenticated your identity, we may increase your deposit
limits. These limits may change from time to time on LivQuik sole discretion.
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The Jupiter Edge Account Holder can use multiple funding sources for depositing money in their
account.
These sources could be but not limited to Credit Cards, Debit Cards, Net Banking, and Transfer from
another Jupiter Edge Account.
-
In order to manage risk, LivQuik may limit the funding sources available for your use to fund any
particular transaction. For example, we may limit your funding sources for a particular transaction to
debit cards or your net banking account.
-
Each funding source will have a different dispute resolution mechanism and the relevant mechanism will
be followed should your transaction turn out to be unsatisfactory.
-
LivQuik will monitor each deposit made into your Jupiter Edge Account to monitor high-risk &
fraudulent
transactions. If your deposit is classified as a high-risk transaction or is suspected of fraud,
LivQuik
will place a hold on the deposit and may ask
you for more information on you and your funding source. LivQuik will conduct a review and either
clear
or cancel the deposit. If the deposit is cleared, LivQuik will notify you and update your Jupiter Edge
Account. Otherwise,
LivQuik will cancel the deposit and the funds will be forfeited by LivQuik. The said funds will be
refundable only to source account upon valid demand raised by holder of source account. LivQuik will
notify you by email
and/or in the account history tab of your LivQuik account if the deposit is cancelled.
-
When you make a deposit, you are liable to LivQuik for the full amount of the deposit plus any fees if
the deposit is later invalidated for any reason. This means that, in addition to any other liability,
you will be responsible for the amount of the
deposit, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the
deposit. If the owner of the funding source of a deposit later disputes the deposit or files a claim
for
a chargeback,
the debit or credit card issuer or the originating bank, not LivQuik, will determine whether the
dispute
is valid and to whom payment is due. You agree to allow LivQuik to recover any amounts due to LivQuik
by
debiting
your Jupiter Edge Account balance. If there are insufficient funds in your account to cover your
liability, you agree to reimburse LivQuik through other means. If LivQuik is unable to recover the
funds
from your primary
funding source, LivQuik may attempt to contact you, LivQuik may recover the funds from your alternate
funding sources, or may take other legal actions to collect the amount due, to the extent allowed by
applicable law.
7. Features/conditions of Full KYC PPIs:
If the customer with minimum detail semi-closed PPI upto Rs. 10,000 desires to upgrade to full KYC PPI, he
shall be allowed to do so after completing the full KYC as per RBI’s Master Directions on KYC, after
which,
his outstanding limits will increase
upto Rs. 2,00,000. Below are the conditions in case his product is upgraded to a full KYC PPI:
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These PPIs shall be reloadable in nature and issued only in electronic form, including cards.
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The amount outstanding shall not exceed Rs.2,00,000 at any point of time.
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The funds can be transferred ‘back to source’ (payment source from where the PPI was loaded) or ‘own
bank account of the PPI holder’ (duly verified by the Issuer). However, PPI issuer will set the limits
taking into account the risk profile of the PPI
holders, other operational risks, etc.
-
PPI issuer may provide the facility of ‘pre-registered beneficiaries’ whereby the PPI holder can
register the beneficiaries by providing their bank account details, details of PPIs issued by same
issuer (or different issuers as and when permitted by the
RBI).
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In case of such pre-registered beneficiaries, the funds transfer limit shall not exceed Rs. 2,00,000/-
per month per beneficiary. PPI issuer shall set the limits within this ceiling taking into account the
risk profile of the PPI holders, other operational
risks, etc.
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The funds transfer limits for all other cases shall be restricted to Rs. 10,000/- per month. Funds
transfer from such PPIs shall also be permitted to other PPIs, debit cards and credit cards as per the
limits given above.
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There is no separate limit on purchase of goods and services using PPIs and PPI issuer may decide
limit
for these purposes within the overall PPI limit.
-
PPI issuer shall clearly indicate these limits to the PPI holders and also provide necessary options
to
PPI holders to set their own fund transfer limits.
-
PPI issuer shall also give an option to close the PPI and transfer the balance as per the applicable
limits of this type of PPI. For this purpose, the issuer shall provide an option, including at the
time
of issuing the PPI, to the holder to provide details
of pre-designated bank account or other PPIs of same issuer (or other issuers as and when permitted)
to
which the balance amount available in the PPI shall be transferred in the event of closure of PPI,
expiry of validity
period of such PPIs, etc.
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The features of such PPIs shall be clearly communicated to the PPI holder by SMS / e-mail / post or by
any other means at the time of issuance of the PPI / before the first loading of funds.
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Such PPI shall be valid for a term of 4 year.
8. Features of PPIs upto Rs.10,000/- (with no cash loading facility) where loading is permissible through
bank or credit cards or full KYC PPI:
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Such PPIs shall be issued by the PPI Issuer after obtaining below minimum details of the PPI
holder:
a. mobile number verified with One Time Pin (OTP) and;
b.
self-declaration
of name and
unique identity / identification number of any ‘mandatory document’ like PAN, passport, driving
licence,
Voter's Identity Card, NREGA job card, proof of possession of Aadhaar number and letter issued by the
National Population
Register.
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These PPIs shall be reloadable in nature and issued in electronic form. Loading / Reloading shall be
from a bank account and / or credit card.
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The amount loaded in such PPIs during any month shall not exceed Rs.10,000 and the total amount loaded
during the financial year shall not exceed Rs.1,20,000.
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The amount outstanding at any point of time in such PPIs shall not exceed Rs.10,000.
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These PPIs shall be used only for purchase of goods and services and not for funds transfer.
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PPI issuer shall provide an option to close the PPI at any time and also allow to transfer the funds
‘back to source’ (payment source from where the PPI was loaded) at the time of closure. Alternatively,
the closure proceeds can be transferred to a bank
account after complying with KYC requirements of PPI holder.
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The features of such PPIs shall be clearly communicated to the PPI holder by SMS / e-mail / post or by
any other means at the time of issuance of the PPI / before the first loading of funds.
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Such PPI shall be valid for a minimum term of 1 year.
9. PAYMENT AND REFUNDS USING JUPITER EDGE
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Jupiter Edge Account Holder can choose to use Available Amount to pay Merchants in exchange of some
goods or services provided by the Merchant.
-
The Merchants who accept Jupiter Edge as payment will be approved by LivQuik and the list of Merchants
will be advertised to Jupiter Edge Account Holders from time to time. The list of Merchants could be
amended without any intimation to the Jupiter Edge
Account Holders.
-
If the Jupiter Edge Account Holder is unsatisfied with the service provided by the MMerchant or hasn’t
received goods promised by the MMerchant then the Account Holder can raise a dispute with LivQuik
after
first raising and failing to get redressal of
his grievance from the concerned MMerchant. Any such dispute should be raised within a period of 30
days
from the date of the payment.
-
LivQuik will be the sole arbitrator in these disputes between the LivQuik Account Holder and the
Merchant. LivQuik will conduct an investigation within 7 working days from the receipt of the
complaint.
The Jupiter Edge Account Holder may be required to
furnish further information as judged suitable by LivQuik to rule on the validity of your dispute.
-
If the dispute is found valid, the amount charged for the payment will be refunded from the Merchant
and
credited back to source within 7 to 10 working days. However, if the dispute is ruled in the favour of
the Merchant then your payment will not be
refunded to your Jupiter Edge Account.
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If you have a dispute with one or more Jupiter Edge users or Jupiter Edge participating Merchants
relating to payment, LivQuik is not responsible for any such dispute and you hereby release Company
(and
our officers, directors, agents, joint ventures
and employees) from any and all claims, demands and damages (actual and consequential) of every kind
and
nature arising out of or in any way connected with such disputes.
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You acknowledge and agree that this Agreement is between you and LivQuik, not with any third party
(including, but not limited to, Apple®, Google®, any mobile carrier, or any Merchant (as defined
above)), and that Company is solely responsible for the
transaction processing services. Your use of the other services may be subject to separate agreements
you may enter into with your mobile device operating system provider (e.g., Apple, Google or
Microsoft®), your mobile
device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., Airtel or Vodafone®),
and other parties involved in providing your mobile device service. Merchants as defined above, third
party operating
system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer,
your wireless carrier or other network provider, any other product or service provider related to your
mobile device
service are collectively referred to as “Covered Third Parties.” You agree to comply with all
applicable
third party terms of agreement when using the third party services. Company is not a party to those
agreements and
has no responsibility for the products and services provided by third parties.
-
You acknowledge and agree that this Agreement is between you and LivQuik, not with any third party
(including, but not limited to, Apple®, Google®, any mobile carrier, or any Merchant (as defined
above)), and that Company is solely responsible for the
transaction processing services. Your use of the other services may be subject to separate agreements
you may enter into with your mobile device operating system provider (e.g., Apple, Google or
Microsoft®), your mobile
device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., Airtel or Vodafone®),
and other parties involved in providing your mobile device service. Merchants as defined above, third
party operating
system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer,
your wireless carrier or other network provider, any other product or service provider related to your
mobile device
service are collectively referred to as “Covered Third Parties.” You agree to comply with all
applicable
third party terms of agreement when using the third party services. Company is not a party to those
agreements and
has no responsibility for the products and services provided by third parties.
-
Please note that LivQuik has opened its application programming interface (“API”), so you may be
subject
to agreements with third parties when using a service that was not created by LivQuik. LivQuik has no
liability or responsibility for your use of
these third party services.
10. JUPITER EDGE HOLDER’S OBLIGATIONS & COVENANTS
-
Jupiter Edge Account Holder will be liable for all Transactions and for the related charges.
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Jupiter Edge Account Holder accepts that at his request and risk LivQuik has agreed to provide him the
Jupiter Edge & accepts full responsibility for all Transactions recorded by use of his Jupiter Edge.
-
An instruction given by means of the Jupiter Edge shall be irrevocable.
-
Jupiter Edge Account Holder shall, in all circumstances, accept full responsibility for the use of the
Jupiter Edge, whether or not processed with his knowledge or his authority, expressed or implied.
-
Jupiter Edge Account Holder shall, in all circumstances, accept full responsibility for the use of the
Jupiter Edge, whether or not processed with his knowledge or his authority, expressed or implied.
-
Jupiter Edge Account Holder irrevocably authorizes LivQuik to debit the amounts utilized by using the
Jupiter Edge for Transactions to his Jupiter Edge Account.
-
Jupiter Edge Account Holder should hold LivQuik indemnified and harmless for its actions in good faith
and in the normal course of business based on Transactions.
-
LivQuik will employ its best efforts in carrying out the Transactions but will not incur any liability
either to the Jupiter Edge Account Holder or any other person for any reason whatsoever including for
its delay or inability to carry out a Transaction
or an instruction.
-
LivQuik reserves the right at any time to charge the Jupiter Edge Account Holder any fees/ charges for
the transactions carried out by you on Jupiter Edge. Details of applicable fees and charges can be
obtained from LivQuik Website and are subject to
change from time to time.
-
Any government charges, or debits, or tax payable as a result of the use of Jupiter Edge shall be
Jupiter Edge Account Holder’s responsibility.
-
Amounts due and payable by Jupiter Edge Account Holder, if not paid separately shall be recovered by
LivQuik from the Available Amount.
-
LivQuik may at its sole discretion withdraw or suspend Jupiter Edge or amend any of its features
without
notice to the Jupiter Edge Account Holder.
-
LivQuik shall have discretion for not to allow the Account Holder to carry out a transaction where it
has reason to believe that the use of Jupiter Edge is not authorized or the Transaction appears not
genuine or unclear or such as to raise a doubt.
-
LivQuik Technology (India) Private Limited, at its sole discretion, reserves the right to either
temporarily or permanently withdraws the privileges on the instrument and/or cancel the instrument at
any time without giving any notice or assigning any
reason thereof. In case of temporary withdrawal, the privileges may be reinstated by LivQuik
Technology
(India) Private Limited as deemed fit. However, it is made distinctly clear the withdrawal
(temporarily
or permanently)
shall constitute automatic withdrawal of all attendant benefits, privileges and services attached to
the
instrument. However, the Account Holder shall continue to be fully liable for all the charges incurred
on the instrument
prior to such withdrawal together will all other applicable charges thereon, unless other specified by
LivQuik Technology (India) Private Limited.
-
Account balances held by you are held by LivQuik in an Escrow Account. These funds are not used
operating expenses or any other corporate purposes, and are not made available to our creditors in the
event of bankruptcy. While your funds are in our custody,
LivQuik will combine your funds with the funds of other users and place those pooled accounts in the
escrow account in Company’s name.
-
LivQuik can operate account only for settling the funds with the Merchants or remittance recipients.
-
LivQuik is not a bank. Funds held by LivQuik or its service providers in connection with the
processing
of transactions are not insured for the benefit of the user by the Deposit Insurance and Credit
Guarantee Corporation (DICGC)or any other governmental
agency.
-
It ensures that in case LivQuik is defaulted the funds are secure and customers can claim the same
from
the Bank by providing appropriate proofs as deemed fit by the Bank.
-
The said escrow account is managed with IDFC First Bank.
11. Charges for various types of transactions
-
LivQuik does not charge Jupiter Edge Account Holder any fees for the transactions carried out by him
on
Jupiter Edge, except wallet to bank transfer charges, the precise details of which shall be displayed
on
the mobile application before effecting the
transfer of stored value from customer’s wallet to Bank. The applicable fees and charges are subject
to
change from time to time.
-
Any government charges, or debits, or tax payable as a result of the use of Jupiter Edge shall be
Jupiter Edge Account Holder’s responsibility.
-
Amounts due and payable by Jupiter Edge Account Holder, if not paid separately shall be recovered by
LivQuik from the Available Amount.
-
GSTIN: 27AACCL3044Q1Z6
12. LivQuik Technology (India) Private Limited
-
LivQuik may at its sole discretion withdraw or suspend Jupiter Edge or amend any of its features
without
notice to the Jupiter Edge Account Holder.
-
LivQuik shall have discretion for not to allow the Account Holder to carry out a transaction where it
has reason to believe that the use of Jupiter Edge is not authorized or the Transaction appears not
genuine or unclear or such as to raise a doubt.
-
LivQuik Technology (India) Private Limited, at its sole discretion, reserves the right to either
temporarily or permanently withdraws the privileges on the instrument and/or cancel the instrument at
any time without giving any notice or assigning any
reason thereof. In case of temporary withdrawal, the privileges may be reinstated by LivQuik
Technology
(India) Private Limited as deemed fit. However, it is made distinctly clear the withdrawal
(temporarily
or permanently)
shall constitute automatic withdrawal of all attendant benefits, privileges and services attached to
the
instrument. However, the Account Holder shall continue to be fully liable for all the charges incurred
on the instrument
prior to such withdrawal together will all other applicable charges thereon, unless other specified by
LivQuik Technology (India) Private Limited.
13.ESCROW ACCOUNT
-
Account balances held by you are held by LivQuik in an Escrow Account. These funds are not used
operating expenses or any other corporate purposes, and are not made available to our creditors in the
event of bankruptcy. While your funds are in our custody,
LivQuik will combine your funds with the funds of other users and place those pooled accounts in the
escrow account in Company’s name.
-
LivQuik can operate account only for settling the funds with the Merchants or remittance recipients.
-
LivQuik is not a bank. Funds held by LivQuik or its service providers in connection with the
processing
of transactions are not insured for the benefit of the user by the Deposit Insurance and Credit
Guarantee Corporation (DICGC)or any other governmental
agency.
-
It ensures that in case LivQuik is defaulted the funds are secure and customers can claim the same
from
the Bank by providing appropriate proofs as deemed fit by the Bank.
-
The said escrow account is managed with IDFC First Bank.
14.GOVERNING LAW & JURISDICTION
These Terms and Conditions and/or the Transactions shall be governed by Indian law and all courts in
Mumbai
shall have the exclusive jurisdiction as regards any claims or matters arising out of the use of Jupiter
Edge.
TERMS OF SERVICE
THIS LIVQUIK USER AGREEMENT (“AGREEMENT”) IS A CONTRACT BETWEEN YOU (“YOU” OR “USER”) AND LIVQUIK
TECHNOLOGY
(INDIA) PVT. LTD. THIS AGREEMENT GOVERNS YOUR USE OF LIVQUIK’S MOBILE PAYMENT AND DIGITAL WALLET
APPLICATION
AND ALL RELATED SERVICES (COLLECTIVELY
“JUPITER EDGE”). TO USE JUPITER EDGE, YOU MUST: (1) BE AT LEAST EIGHTEEN YEARS OLD AND A CITIZEN OR LEGAL
RESIDENT OF INDIA; (2) READ, AGREE WITH, AND ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND
(3)
COMMUNICATE YOUR
ACCEPTANCE OF THIS AGREEMENT BY CLICKING ON THE “REGISTER” BUTTON. IF YOU DO NOT CLICK ON THE “REGISTER”
BUTTON, YOU WILL NOT BE ABLE TO USE THE JUPITER EDGE APPLICATION (“APPLICATION”) OR ACCESS JUPITER EDGE.
YOUR USE OF JUPITER
EDGE ALSO COMMUNICATES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE MODIFIED FROM TIME TO TIME. THIS
AGREEMENT INCLUDES THE PROVISIONS BELOW AND THE PROVISIONS OF LIVQUIK’S PRIVACY POLICY (“PRIVACY POLICY”)
AND E-SIGN POLICY
(“E-SIGN POLICY”), BOTH OF WHICH ARE POSTED AT LIVQUIK’S WEBSITE WWW.JUPITER EDGE.COM (“LIVQUIK’S
WEBSITE”).
THEREFORE, WHEN YOU ACCEPT THIS AGREEMENT, YOU ALSO ACCEPT LIVQUIK’S PRIVACY POLICY AND LIVQUIK’S E-SIGN
POLICY. THE TERMS
“YOU” AND “USER” ARE USED INTERCHANGEABLY IN THIS AGREEMENT, AND THE TERM “JUPITER EDGE” INCLUDES THE
“APPLICATION.”
LivQuik reserves the right to modify this Agreement and the Privacy Policy, and any other
applicable LivQuik agreements or policies relating to Jupiter Edge at any time in its sole and absolute
discretion by posting the
modifications on LivQuik’s Website. Your use of Jupiter Edge after the posting of any modification on
Quik’s
Website constitutes your acceptance of the modification. It is your responsibility to visit Quik’s Website
on a regular
basis to obtain the latest updates of this Agreement, including the Privacy Policy. You can always find
the
most recent, updated versions of this Agreement and the Privacy Policy on LivQuik’s Website.
1. Jupiter Edge
Jupiter Edge consists of LivQuik’s proprietary computer software, including the Application, and all
software, tools, technology, documentation, components, and Internet-based services, including access to
LivQuik’s Website, that LivQuik supplies in connection
with delivery of its mobile payment and related services to you. LivQuik reserves the right, in its sole
and
absolute discretion, to upgrade, add, delete, or modify features of Jupiter Edge at any time and from time
to time, without
notice. Jupiter Edge allows you to store on LivQuik’s host servers credit, debit, rewards, and other card
information associated with card issuers that accept mobile payments via Jupiter Edge (“Card Issuers”).
You
then can access
this information via a compatible smartphone or other compatible mobile device (“Mobile Device”) for point
of sale transactions with selected providers of goods and services that accept mobile payments via Jupiter
Edge within India.
LivQuik does not represent that all Mobile Devices are compatible with Jupiter Edge or that Jupiter Edge
will function with all carriers of wireless services. Not all issuers of debit, credit, and other cards
accept payments with
Jupiter Edge, and not all sellers of goods and services accept Jupiter Edge. Payment with Jupiter Edge is
available only at certain locations and only with certain compatible Mobile Devices. LivQuik reserves the
right, in its sole
and absolute discretion, to add or delete Card Issuers, Vendors, compatible Mobile Devices, and locations
that accept Jupiter Edge at any time.
Payments you make with your Mobile Device (“Mobile Payments”) are processed via electronic
communication among sellers of the goods and services that you purchase that accept payment with Jupiter
Edge (“Vendors”), Card Issuers,
and the payment service providers and processors (collectively “Payment Processors”) that process
transactions for the Vendors and the Card Issuers. Jupiter Edge provides you with access to your card
information and a means of
communication among you, Vendors, Card Issuers, and Payment Processors. LivQuik is an independent
contractor
for all purposes of the Jupiter Edge services that it provides to you. When you initiate a Mobile Payment
to
a Vendor,
you authorize the Vendor, the Card Issuer, and the Payment Processor to implement the entire transaction,
and you ultimately will receive a bill or other statement from the Vendor or the Card Issuer. You are
responsible for all
Mobile Payments that you make with Jupiter Edge. LivQuik is not a bank, and it does not offer banking
services as defined by the Reserve Bank of India. LivQuik also does not offer money service business
services as defined by the
RBI.
2.Third Party Responsibilities
LivQuik is not responsible for any of the products or services that you purchase or rewards or other
incentives that you earn using a credit, debit, or rewards card that you access with Jupiter Edge. LivQuik
is an independent contractor for all purposes
of the Jupiter Edge services that it provides to you. Complaints regarding products, services, and rewards
and incentives programs must be directed to the Vendor and, in the case of complaints regarding rewards,
you
may have recourse
to the Card Issuer or another third party involved in providing or administering the rewards program. You
also may have certain refund, reversal, chargeback, or other rights with respect to the Card Issuer
pursuant
to your agreement
with the Card Issuer or under applicable law.
3.Your Responsibilities
You are responsible for all payments, fees, interest, penalties, and similar charges relating to your
credit
and debit cards and your purchases with Jupiter Edge. You must comply with the terms and conditions of
your
agreements with your Card Issuers
and, if applicable, the card networks and associations with which they are associated (collectively
“Networks”). You are responsible for all fees and charges imposed by your Internet and Mobile Device
service
providers and compliance
with the terms and conditions of your agreements with them. LivQuik urges you to retain the originals of
all
of your credit, debit, gift, rewards, and other cards in a safe place, such as a safe or other secure
location at home
or in a bank safe deposit box, because the occasion may arise when it is necessary or desirable to have an
original of one or more of your Cards.
4. Personal Information
When you open a Jupiter Edge account through Jupiter Edge, you must provide LivQuik with certain
personally
identifiable information (“Personal Information”). Personal Information may include the following: your
name
and e-mail address; your mailing address;
your Internet browser type and Internet Protocol address; your credit, debit, rewards, and other card
information [which may include your card permanent account number (PAN), card issuer, card type (e.g.,
Visa), card expiration
date, card security code, name of card holder, and card billing address]; your date of birth; your Aadhaar
number; a password that you create; and a personal identification number that you create (PIN). When you
use
Jupiter Edge,
some of the Personal Information described in the preceding sentence, as well as other information
relating
to your transaction that also may be Personal Information, including the date, amount, and location of the
transaction,
will be shared among LivQuik, Vendors, Card Issuers, and Payment Processors. You must keep your Personal
Information up to date. LivQuik, Vendors, and Card Issuers also may use Jupiter Edge to offer you
promotions, incentives,
contests, rewards, credits, and coupons. By opening a Jupiter Edge account, and each time you use Jupiter
Edge, you consent to the sharing of your Personal Information as described in this Agreement (including
the
Privacy Policy)
and authorize LivQuik to retain your Personal Information to comply with regulatory requirements and the
requirements of Vendors, Card Issuers, Payment Processors, and the Networks.
5.User Representations and Warranties
When you open a Jupiter Edge account, and each time that you use or access Jupiter Edge, you represent and
warrant to Quik that (1) you are at least 18 years old, (2) you are a citizen or a legal resident of
India,
(3) all Personal Information that you
have provided to LivQuik is complete and accurate in all material respects, You may not use Jupiter Edge
if
you are a resident of a country embargoed by India or are a foreign person or entity embargoed, blocked,
or
denied entry
or other privileges by any governmental authority or agency of India.
6. License
LivQuik hereby grants you a personal, revocable, non-exclusive, non- transferable, limited license
(“License”) to use Jupiter Edge (which includes the Application) for personal use on a computer, tablet or
Mobile Device in accordance with and subject
to all the terms and conditions contained in this Agreement. LivQuik reserves all rights not expressly
granted to you in this Agreement. Your use of Jupiter Edge is strictly limited to use of your computer or
Mobile Device for
the purpose of accessing your credit card, debit, or rewards card information to make or review mobile
payments (“Mobile Payments”) for goods and services with those credit, debit, rewards, and similar cards
for
which you activate
access via Jupiter Edge. You may not use the License or Jupiter Edge for any other purpose. Any other use
of
the License or Jupiter Edge is strictly prohibited, and you may not sublicense or otherwise grant any
third
party permission
to use Jupiter Edge on your behalf or on behalf of such third party or any other party. You shall not
copy,
publish, reproduce, alter, modify, adapt, create derivative works from, sell, license, distribute, share,
publicly display,
republish, upload, post, transmit, decompile, decipher, or reverse engineer Jupiter Edge or any
information
or material that is a component of or otherwise associated with Jupiter Edge, which information and
material
includes the
intellectual property of Quik described in the following paragraph. You shall not attempt to work around,
bypass, or circumvent any of the technical features or aspects of Jupiter Edge. LivQuik Technology (India)
Private Limited.,
Jupiter Edge, the LivQuik and Jupiter Edge logos, the graphics, icons, and the scripts used in connection
with Jupiter Edge on your computer or Mobile Device, LivQuik’s & Jupiter Edge’s Website, or elsewhere are
trade dress, service
marks, trademarks, or registered trademarks of LivQuik Technology (India) Private Limited., Jupiter Edge,
LivQuik’s Website, and their contents, features, and related software are protected by trade dress,
copyright, service mark,
trademark, patent, trade secret, and other laws, and by international treaties, the laws of India and
other
nations, and other intellectual property protections. LivQuik reserves all present and future intellectual
property rights
throughout the world, and the License granted to you pursuant to this Agreement only permits you to use
Jupiter Edge in strict compliance with all the terms and conditions of this Agreement. LivQuik’s reserved
intellectual property
rights include, without limitation, the following: all patent, trademark, service mark, trade secret, and
trade dress rights; all copyrights; all mask work rights, rights of publicity, and moral rights; and all
associated goodwill.
7. Personal Information, Disclosure, and Security
When you open a Jupiter Edge account, you must provide LivQuik with Personal Information. When you use
Jupiter Edge, some of this Personal Information, and additional Personal Information relating to your
transactions, will be disclosed to and shared
among LivQuik, Vendors, Card Issuers, Payment Processors, and third parties contracted by or otherwise
affiliated with LivQuik that provide products or services that are necessary or desirable to assure the
performance and functionality
of Jupiter Edge (collectively “LivQuik Contractors”). LivQuik has expended considerable time, effort, and
resources, and implemented technical and organizational measures, to maintain the security of your
Personal
Information.
However, LivQuik cannot and does not guarantee that your Personal Information is impervious to all
breaches
of security through interception, hacking, or other means. Operation of Jupiter Edge, LivQuik’s host
servers, and communication
and other links among LivQuik, Vendors, Card Issuers, and Card Processors may be interfered with by
numerous
factors beyond LivQuik’s or their control. Vendors, Card Issuers, and Payment Processors cannot process a
Mobile Payment
without identifying certain Personal Information, including name, card type, card permanent account
number,
card expiration date, card security code, transaction details, transaction authorization code, and billing
address. By
opening a Jupiter Edge account and by using Jupiter Edge, you consent to the transmission of Personal
Information to LivQuik and authorize LivQuik and its agents to receive, record, store, and process your
Personal Information
and permit Vendors, Card Issuers, Payment Processors, and LivQuik Contractors access to it as reasonably
necessary or desirable to facilitate Mobile Payments and to maintain and improve the services that Jupiter
Edge provides.
You also authorize Vendors, Card Issuers, Payment Processors, and LivQuik Contractors to receive, record,
store, and process your Personal Information as reasonably necessary or desirable to facilitate Mobile
Payments and to maintain
and improve the services that Jupiter Edge provides. The scope and use of your Personal Information by
LivQuik are described in and subject to the terms and conditions of this Agreement and LivQuik’s Privacy
Policy, which forms
an integral part of this Agreement. LivQuik’s use of your Personal Information is subject to the Privacy
Policy. As provided in the Privacy Policy, you cannot opt-out of the disclosure or sharing of Personal
Information that is
necessary or desirable for the functionality of Jupiter Edge, but you may have the right to opt-out of the
disclosure or sharing of Personal Information for marketing purposes. Please find the most recent version
of
LivQuik’s Privacy
Policy here. Card Issuers, and some Vendors, will have their own privacy policies regarding your Personal
Information. LivQuik has no responsibility for those policies.
8. Acceptable Use
Under no circumstance shall you use Jupiter Edge for any purpose other than to facilitate an authorized
Mobile Payment. You shall not access or use Jupiter Edge in any manner that (1) is unauthorized,
deceptive,
fraudulent, or unlawful, or that gives
rise to civil liability, (2) uses technology or any other means to improperly access or monitor LivQuik or
any Vendor, Card Issuer, Payment Processor, or LivQuik Contractor, (3) uses technology or any other means
to
improperly
access, monitor, or use any material or data or proprietary or confidential information of LivQuik, any
Vendor, Card Issuer, Payment Processor, or LivQuik Contractor, or any party that uses the services of
LivQuik or any Vendor,
Card Provider, Payment Processor, or LivQuik Contractor, (4) uses any automated system, such as “robots,”
“spiders,” “scrapers,” or “offline readers” to (a) improperly access or monitor LivQuik or any Vendor,
Card
Issuer, Payment
Processor, or LivQuik Contractor, or any party that uses the services of LivQuik or any Vendor, Card
Provider, Payment Processor, or LivQuik Contractor, or (b) improperly access, monitor, or use any material
or data or proprietary
or confidential information of LivQuik or any Vendor, Card Issuer, Payment Processor, or LivQuik
Contractor,
or any party that uses the services of LivQuik or any Vendor, Card Provider, Payment Processor, or LivQuik
Contractor,
(5) attempts to introduce spam, viruses, worms, Trojan horses, or any other computer codes, files, or
programs that damage, disable, overburden, interrupt, impair, limit, or interfere with the functionality
of
any computer or telecommunications
software, hardware, or network, including Jupiter Edge, (6) attempts to gain unauthorized access to
LivQuik’s host servers, computer networks, or user or Merchant accounts, (7) attempts to damage, disable,
overburden, interrupt,
impair, limit, or interfere with LivQuik’s servers or networks, (8) attempts to modify the code or
functionality of Jupiter Edge, or (9) violates this Agreement. You agree not to use Jupiter Edge to make
Mobile Payments for any
of the following purposes or in connection with any of the following transactions: (1) any illegal
activity;
(2) infomercial purchases; (3) internet, mail order, or telephone order prescriptions or services (where
fulfillment of
medication is performed with an internet or telephone consultation, absent a physical visit with a
physician, including re-importation of pharmaceuticals from foreign countries); (4) prepaid phone cards or
phone services; (5) sales
of money- orders or foreign currency by non-financial institutions; (6) betting, including lottery
tickets,
casino gaming chips, off-track betting, wagers at races, and gambling establishments; (7) financial
institutions offering
manual or automated cash disbursements; (8) bill payment services; (9) wire transfer money orders; (10)
drug
paraphernalia; (11) internet, mail order, or telephone order cigarette, tobacco, or wine or liquor
purchases; (12) adult
entertainment oriented products or services, including internet, telephone, and printed material; (13)
hate
products and occult materials; (14) escort services; (15) internet, mail order, or telephone order firearm
or weapon purchases;
(16) airline tickets and services; (17) cruise line tickets and services; (18) collection agency services;
(19) credit counseling or repair agencies or debt elimination or reduction services; (20) credit
protection
or identity
theft protection services; (21) direct marketing or continuity or subscription offers or services; (22)
multi-level marketing products or services; (23) telemarketing purchases; (24) multi-level marketing
program
purchases; (25)
buyers or membership club purchases; (26) bankruptcy attorney services; (27) purchases from financial
institutions offering merchandise and services; If any of the activities or transactions described above
occurs, LivQuik shall
have the right, in its sole and absolute discretion and without prior notice, to suspend or terminate your
License to use Jupiter Edge, but LivQuik shall have no obligation to do so and LivQuik shall not be
responsible for any
failure or delay in doing so or taking any other action. Nothing contained in this Agreement or the
Privacy
Policy supersedes or limits your obligations under any agreement you may have with a Card Issuer,
including
obligations
regarding granting permission to third parties to use your credit, debit, or rewards card, and you shall
comply at all times with those obligations. If you grant permission to another person to use Jupiter Edge
to
access your stored
credit, debit, or rewards card information in violation of this Agreement or your agreement with a Card
Issuer, you do so at your own risk. The granting of such permission shall not relieve you of your
responsibilities under this
Agreement, and the person to whom you have granted permission also shall be bound by this Agreement. If we
believe that a Mobile Payment or other use of Jupiter Edge violates this Agreement or any applicable law
or
regulation,
we may decline to process the Mobile Payment or otherwise suspend your use of Jupiter Edge without prior
notice. In the case of a reasonable suspicion that you are using Jupiter Edge for an illegal purpose, you
acknowledge and
agree that we may share information regarding you and your use of Jupiter Edge with law enforcement
authorities. You shall immediately notify LivQuik and the applicable Card Issuer of any inaccurate,
unauthorized, or fraudulent
Mobile Payment transaction or any breach of security (such as use of your PIN). Do not share your PIN. You
are responsible for all transactions made in whole or in part via your Jupiter Edge account. LivQuik shall
not be responsible
for any losses arising out of the loss or theft of Personal Information or from inaccurate, unauthorized,
or
fraudulent Mobile Payment transactions. Your liability for inaccurate, unauthorized, or fraudulent Mobile
Payment transactions
is governed by your agreement with the applicable Card Issuer. Your sole remedy against LivQuik with
respect
to any inaccurate, unauthorized, or fraudulent Mobile Payment transaction is to terminate this Agreement
and
not make
any further Mobile Payments using Jupiter Edge.
9. Notices and Disclosures
You agree that LivQuik may provide notices and disclosures required by law and other information to you
regarding Jupiter Edge and this Agreement (including the Privacy Policy and the E-Sign Policy) by posting
it
on LivQuik’s Website or by sending you
an e-mail at the e-mail address you use in connection with your Jupiter Edge account. Upon your acceptance
of this Agreement, you confirm that you have read, understood, and accepted LivQuik’s Privacy Policy.
Notices and disclosures
posted on Jupiter Edge’s or LivQuik’s Website or e-mailed to you shall be deemed effective 24 hours after
posting or e-mailing. It is your responsibility to visit Jupiter Edge’s and/or LivQuik’s Website on a
regular basis to obtain
notices, disclosures, and the latest updates of this Agreement, including the Privacy Policy and the
E-Sign
Policy. It also is your responsibility to update your Personal Information as it may change from time to
time, including
your e-mail address. You agree that electronic notices and disclosures have the same meaning and effect as
if provided in a paper format. You acknowledge your understanding that email messages may not be secure,
may
contain computer
viruses or other defects, may not be accurately replicated on other systems, or may be intercepted,
deleted
or interfered with without the knowledge of the sender or the intended recipient. LivQuik makes no
warranties in relation
to these matters.
10. Disclaimer of Warranties
LIVQUIK IS PROVIDING JUPITER EDGE TO USER ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY EXPRESS,
IMPLIED, OR STATUTORY WARRANTY. USER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF JUPITER
EDGE. WRITTEN OR ORAL ADVICE OR INFORMATION
THAT YOU MAY OBTAIN FROM LIVQUIK THROUGH JUPITER EDGE OR LIVQUIK’S WEBSITE, INCLUDING THROUGH
COMMUNICATION
WITH LIVQUIK’S CUSTOMER SUPPORT DEPARTMENT, DO NOT CREATE ANY EXPRESS OR IMPLIED WARRANTIES. QUIK’S ONLY
WARRANTIES AND
OTHER OBLIGATIONS TO USER ARE CONTAINED IN AND ARE LIMITED BY THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR
OTHERWISE RECEIVED THROUGH JUPITER EDGE OR LIVQUIK’S WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND
YOU ALONE ARE RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR STORED DATA AS A RESULT OF SUCH DOWNLOADING OR RECEIPT
OR
USE OF JUPITER EDGE OR LIVQUIK’S WEBSITE, INCLUDING ALL REPAIR AND REPLACEMENT COSTS. LIVQUIK DOES NOT
WARRANT, GUARANTEE,
ENDORSE, OR ASSUME RESPONSIBILITY FOR ANY GOODS OR SERVICES ADVERTISED, OFFERED, OR SOLD BY A THIRD PARTY
THROUGH JUPITER EDGE OR QUIK’S WEBSITE, WHETHER DONE DIRECTLY OR THROUGH BANNERS OR BY MEANS OF A
HYPERLINK
TO ANOTHER WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIVQUIK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, LIVQUIK DOES NOT WARRANT OR GUARANTEE THAT (1) JUPITER EDGE WILL OPERATE
ON
AN UNINTERRUPTED BASIS OR BE AVAILABLE AT ALL TIMES AND ALL PLACES OF BUSINESS, OR (2) THE SECURITY OF
YOUR
PERSONAL INFORMATION
WILL NOT BE BREACHED, OR (3) PERSONAL INFORMATION OR OTHER DATA TRANSMITTED OR STORED IN CONNECTION WITH
JUPITER EDGE (INCLUDING AS PART OF A MOBILE PAYMENT TRANSACTION) WILL BE SUCCESSFULLY, ACCURATELY, OR
SECURELY TRANSMITTED
OR STORED, OR (4) JUPITER EDGE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (5) GOODS AND SERVICES
PROVIDED BY THIRD PARTIES WILL BE OF THE NATURE OR QUALITY REPRESENTED BY THE PROVIDER OR REQUIRED BY LAW.
YOU ACKNOWLEDGE
AND AGREE THAT ALL OF THE DISCLAIMERS OF WARRANTY CONTAINED IN THE PRECEDING PARAGRAPHS OF THIS
“DISCLAIMER
OF WARRANTIES” SECTION OF THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THAT LIVQUIK WOULD
NOT PROVIDE
JUPITER EDGE OR ACCESS TO LIVQUIK’S WEBSITE TO YOU WITHOUT THEM. APPLICABLE LAW MAY NOT PERMIT SOME OR ALL
OF THE FOREGOING DISCLAIMERS OF WARRANTY, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER
RIGHTS, WHICH
VARY FROM STATE TO STATE.
11. Limitation of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT
ACT OR A NEGLIGENT OMISSION OR FAILURE TO ACT, SHALL LIVQUIK OR ANY OF ITS SHAREHOLDERS, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES,
AFFILIATES, OR CONTRACTORS BE RESPONSIBLE OR LIABLE TO USER OR ANY THIRD PARTY (1) BASED ON THE USE OR
PERFORMANCE OF JUPITER EDGE OR LIVQUIK’S WEBSITE, INCLUDING PERFORMANCE OF A MOBILE PAYMENT TRANSACTION
THAT
INVOLVES THE USE
OF JUPITER EDGE AT ANY STAGE OF A MOBILE PAYMENT TRANSACTION; OR (2) FOR ANY INTERRUPTION, UNAVAILABILITY,
OR CESSATION OF JUPITER EDGE SERVICE OR LIVQUIK’S WEBSITE; OR (3) BASED ON A BREACH OF SECURITY OR
UNAUTHORIZED ACCESS TO
LIVQUIK’S SERVERS OR ANY PERSONAL INFORMATION OR OTHER DATA STORED ON LIVQUIK’S SERVERS; OR (4) BASED ON A
BREACH OF SECURITY OR UNAUTHORIZED ACCESS TO YOUR COMPUTER OR MOBILE DEVICE OR ANY PERSONAL INFORMATION OR
OTHER DATA STORED
ON THEM; OR (5) FOR THE NATURE OR QUALITY OF A GOOD OR SERVICE THAT YOU PURCHASE WITH JUPITER EDGE OR
OTHERWISE THROUGH LIVQUIK’S WEBSITE; OR (6) FOR PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER
THAT MAY RESULT FROM
YOUR USE OF OR ACCESS TO JUPITER EDGE OR LIVQUIK’S WEBSITE; OR (7) FOR ANY BUGS, VIRUSES, TROJAN HORSES,
WORMS, OR SIMILAR OR RELATED MALWARE THAT A THIRD PARTY MAY TRANSMIT VIA JUPITER EDGE OR LIVQUIK’S
WEBSITE.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVQUIK OR ANY OF ITS SHAREHOLDERS, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, OR CONTRACTORS BE RESPONSIBLE OR LIABLE TO USER
OR ANY THIRD PARTY FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY (PUNITIVE) DAMAGES, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR ANY OF THE FOLLOWING: LOSS OF GOODWILL; LOSS OF PROFITS; LOSS, THEFT, OR
CORRUPTION
OF PERSONAL INFORMATION
OR OTHER DATA; LOSS OF USE OR OTHER INTANGIBLE LOSSES; THE INABILITY TO USE JUPITER EDGE OR LIVQUIK’S
WEBSITE; OR COMPUTER OR MOBILE DEVICE FAILURE OR MALFUNCTION. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE
LAW, IN NO EVENT
SHALL USER OR ANY THIRD PARTY BE ENTITLED TO ANY REMEDY FOR DAMAGES OTHER THAN DIRECT, ACTUAL DAMAGES, THE
TOTAL AGGREGATE AMOUNT OF WHICH DAMAGES SHALL NOT EXCEED INR 50, REGARDLESS OF WHETHER THE DAMAGES ARE
BASED
ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR ANY OTHER BASIS. YOU ACKNOWLEDGE
AND
AGREE THAT ALL OF THE LIMITATIONS CONTAINED IN THE PRECEDING PARAGRAPHS OF THIS “LIMITATION OF
LIABILITIES”
SECTION OF
THIS AGREEMENT (1) ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THAT LIVQUIK WOULD NOT PROVIDE JUPITER
EDGE OR ACCESS TO QUIK’S WEBSITE TO YOU WITHOUT THEM, AND (2) APPLY REGARDLESS OF WHETHER THE REMEDY
SOUGHT
IS BASED ON BREACH
OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR OTHERWISE. APPLICABLE LAW MAY
NOT
PERMIT SOME OR ALL OF THE FOREGOING LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.
YOU MAY HAVE
OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
12. Indemnification
To the maximum extent permitted by applicable law, upon demand by LivQuik, User shall indemnify, defend,
and
hold LivQuik and its shareholders, officers, directors, employees, agents, representatives, contractors,
and
affiliates, and their respective
owners, shareholders, officers, directors, managers, employees, agents, representatives, and contractors
free and forever harmless from and against any and all claims, demands, actions, causes of action,
damages,
liabilities, judgments,
costs, expenses (including attorneys’ and other professionals’ fees), interest, taxes, fines, and
penalties
that arise from or relate to User’s actual or alleged (a) misuse of Jupiter Edge, (b) violation of this
Agreement, (c)
breach of any representation or warranty of User in this Agreement, (d) violation of the rights of any
third
party, or (e) violation of any applicable federal, state, or foreign law or regulation. LivQuik reserves
the
right to
assume the exclusive defense and control of any matter subject to indemnification by User, in which event
User shall cooperate with LivQuik in the defense of the matter and pay all costs and expenses LivQuik
incurs
in such defense,
including attorneys’ fees and other professionals’ fees.
13. Informal Dispute Resolution
If you have a claim, demand, complaint, controversy, or dispute of any kind whatsoever that relates to or
arises from this Agreement, Jupiter Edge, or the relationship between us (each, a “Dispute”), please
contact
our Customer Support Department by e-mail
at edge-support@jupiter.money and we will do our best to resolve the Dispute with you. However, please
recall
that,
as this Agreement states in several places, LivQuik is not responsible for the acts or failures to act of
third parties
or for products and services provided by third parties. If you have a complaint about a product, you must
contact the Vendor and, perhaps, the distributor or manufacturer. If you have a dispute regarding a credit
card bill, you
must contact your Card Issuer and, perhaps, the Vendor. If you have a complaint or dispute regarding
loyalty
points or other rewards, you must contact the applicable Vendor or Card Issuer. LivQuik has no
responsibility for such
matters, and the term “Dispute” does not include third-party complaints or disputes with third parties. If
LivQuik has a claim, demand, complaint, controversy, or dispute of any kind whatsoever with you that
relates
to or arises
from this Agreement, Jupiter Edge, or the relationship between us, LivQuik’s claim, demand, complaint, or
dispute shall be deemed a “Dispute” and, before initiating arbitration on the terms and conditions set
forth
in Section 14
below, LivQuik first shall contact you and attempt to resolve the Dispute on an informal basis. The term
“Dispute” includes claims, demands, complaints, controversies, and disputes of every kind and nature
whatsoever, including
those based on contract, tort, statute, law, equity, or any other legal theory.
14. Binding Arbitration of Disputes
Summary: In the unlikely event that, after contacting our Customer Support Department to resolve a Dispute
with LivQuik on the informal basis contemplated by Section 13 above, the Dispute remains unresolved, you
and
LivQuik agree to resolve the Dispute
through binding arbitration by the Indian Council of Arbitration (“ICA”). If LivQuik has a Dispute with
you
that it has not been able to resolve on the informal basis contemplated by Section 13, LivQuik also agrees
to resolve the
Dispute through binding arbitration by the ICA. Arbitration is more informal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or a jury, generally permits less discovery than
is
available in a court
proceeding, and the arbitrator’s decision or award is subject to very limited court review. The arbitrator
can award the same damages and relief that a judge or other court official could award if a Dispute
relating
to or arising
from this Agreement were the subject of a court proceeding. However, arbitration under this Agreement will
be on an individual basis. That is, we agree that class arbitrations, class actions, private attorney
general actions, and
other group or collective actions are not permitted under this Agreement. If you initiate arbitration of a
Dispute that is not frivolous, LivQuik will pay all filing, administration, and arbitrator fees,
regardless
of whether the
arbitrator decides in favour of you or LivQuik. If, however, the arbitrator decides that either the
substance of your Dispute or the relief you sought is frivolous or brought for an improper purpose, then
the
payment of all such
fees will be governed by the applicable rules of the ICA. The arbitrator may award attorneys’ fees and
costs
in accordance with applicable law, but LivQuik agrees that it shall not be entitled to attorneys’ fees,
even
if the arbitrator
decides in favour of LivQuik, unless the arbitrator determines that either the substance of your Dispute
or
the relief you sought is frivolous or brought for an improper purpose, in which case the payment of
attorneys’ fees shall
be governed by the applicable rules of the ICA. Arbitration Agreement: The following provisions shall
apply
to arbitration under this User Agreement: (a) To the maximum extent permitted by law, you and LivQuik
agree
to resolve
any and all Disputes that have not been resolved through the informal process contemplated by Section 13
above by submitting the unresolved Dispute to binding arbitration by the Indian Council of Arbitration
(www.icaindia.co.in)
in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related
Disputes (collectively, the “Rules”). Except as otherwise specifically provided in this Agreement, the
arbitration shall
be conducted in accordance with the Rules (including the Optional Rules for Emergency Measures of
Protection), and judgment on the arbitrator’s award may be entered in any appropriate court that has
jurisdiction; (b) You may access
the Rules, which are subject to change by the ICA from time to time, at www.icaindia.co.in. You or LivQuik
may initiate arbitration of a Dispute in the manner provided for in the Rules, except that you or LivQuik,
as applicable,
must commence arbitration within one (1) year after the occurrence of the event or the act or the failure
to
act on which the Dispute is based; (c) There shall be a single arbitrator, and you and LivQuik must agree
upon the arbitrator
within the time period and in the manner provided by the Rules. If you and LivQuik are unable to agree
upon
an arbitrator, the ICA shall select the arbitrator in accordance with the Rules. The arbitrator shall have
at least ten
(10) years of experience as an arbitrator and shall be knowledgeable of the specific subject matter of the
Dispute. Unless you and LivQuik agree otherwise, the arbitration shall be conducted in the City of Mumbai,
State of Maharashtra.
(c) There shall be a single arbitrator, and you and LivQuik must agree upon the arbitrator within the time
period and in the manner provided by the Rules. If you and LivQuik are unable to agree upon an arbitrator,
the ICA shall
select the arbitrator in accordance with the Rules. The arbitrator shall have at least ten (10) years of
experience as an arbitrator and shall be knowledgeable of the specific subject matter of the Dispute.
Unless
you and LivQuik
agree otherwise, the arbitration shall be conducted in the City of Mumbai, State of Maharashtra. (d) As
provided in the Rules, you or LivQuik may seek interim measures (such as a temporary injunction), or in
separate judicial proceeding
limited to temporary, interim relief. The arbitrator shall have the discretion and authority to order such
depositions as the arbitrator considers necessary for a full and fair exploration of the issues the
Dispute
presents, consistent
with the nature of an arbitration proceeding conducted in accordance with the Rules; (d) The arbitrator
shall issue a reasoned written explanation of the legal and factual basis of the arbitrator’s award that
is
sufficient to explain
the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final
and binding, and it may be entered as a judgment in any appropriate court that has jurisdiction. LivQuik
shall pay all filing,
administration, and arbitrator fees, regardless of whether the arbitrator decides in favour of you or
LivQuik, unless the arbitrator determines that either the substance of your Dispute or the relief you
sought
is frivolous or
brought for an improper purpose, in which case the payment of all such fees will be governed by the Rules.
The arbitrator may award attorneys’ fees and costs in accordance with applicable law, but LivQuik agrees
that it shall not
be entitled to attorneys’ fees, even if the arbitrator decides in favour of LivQuik, unless the arbitrator
determines that either the substance of your Dispute or the relief you sought is frivolous or brought for
an
improper purpose,
in which case the payment of attorneys’ fees shall be governed by the Rules; (e) YOU AND QUIK AGREE THAT
EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS
MEMBER, OR REPRESENTATIVE
OF ANY PURPORTED CLASS OR OTHER GROUP IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE
OR COLLECTIVE PROCEEDING. FURTHER, UNLESS YOU AND LIVQUIK AGREE OTHERWISE, THE ARBITRATOR MAY NOT
CONSOLIDATE MORE THAN
ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, CLASS, OR COLLECTIVE
PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THE ARBITRATION
AGREEMENT PROVIDED
FOR IN THIS SECTION 14 SHALL BE NULL AND VOID. IF ANY OTHER PROVISION OF THIS SECTION 14 IS FOUND TO BE
UNENFORCEABLE, IT SHALL BE SEVERED AND THE REMAINING ARBITRATION PROVISIONS SHALL BE ENFORCED (BUT IN NO
CASE SHALL THERE BE
A CLASS ARBITRATION OR SIMILAR PROCEEDING); (f) YOU AND LIVQUIK ACKNOWLEDGE AND AGREE THAT, BY AGREEING TO
RESOLVE DISPUTES BETWEEN US THROUGH ARBITRATION, EACH OF US IS WAIVING THE RIGHT TO A TRIAL BY JURY; AND
(h)
This Agreement
evidences a transaction in interstate commerce. The arbitration provisions of this Agreement shall survive
termination of this Agreement. For purposes of this Agreement, the term “LivQuik.” And “Jupiter Edge”
includes its shareholders,
officers, directors, employees, agents, representatives, contractors, and affiliates.
15. Termination and Suspension
You may terminate this Agreement at any time for any reason or no reason by closing your Jupiter Edge
account. If you wish to do so, contact LivQuik’s Customer Support Department by you may contact LivQuik by
e-mail at edge-support@jupiter.money. LivQuik may
terminate this Agreement and close your Jupiter Edge account, or suspend your Jupiter Edge account, at any
time for any reason or no reason upon notice to you. Extended inactivity may result in a suspension or
termination of this
Agreement and your License. If you or LivQuik terminate this Agreement, your License also is terminated
and
you must discontinue all use of Jupiter Edge. Upon termination, LivQuik may, but is not obligated to,
delete
your Personal
Information and other information relating to you and your account. Federal or state law may require that
LivQuik maintain information for a number of years for regulatory or law enforcement purposes. Rules of
the
Networks also
may require record retention for extended periods.
16. Survival After Termination
Upon termination of this Agreement by you or LivQuik, provisions of this Agreement that reasonably must
remain in effect to enforce or to accomplish the intent of this Agreement shall survive termination. These
surviving provisions include, without limitation,
the provisions of this Agreement concerning collection and sharing of Personal Information (Section 4),
representations and warranties (Section 5), intellectual property protection (Section 6), disclaimer of
warranties (Section
10), limitation of liability and damages (Section 11), indemnification (Section 12), informal dispute
resolution and arbitration (Sections 13 and 14), governing law, jurisdiction, and venue (Section 16), and
the miscellaneous provisions
contained in Section 18. Termination shall not affect any obligations that you may have to third parties,
such as the obligation to pay for completed Mobile Payments. You shall not be entitled to any
compensation,
reimbursement,
or damages in the event LivQuik terminates this Agreement or suspends your Jupiter Edge account, which it
may do for any reason or no reason.
17. Governing Law, Jurisdiction, and Venue
This Agreement is governed by the laws of India and the city of Mumbai, user consents to the exclusive
jurisdiction of the courts in Mumbai, in the event of any legal proceeding relating to or arising from
this
Agreement or Jupiter Edge in connection
with any matter that is not subject to binding arbitration as provided above in this Agreement. The
preceding sentence shall not constitute a waiver of the parties’ agreement that, to the maximum extent
permitted by law, all complaints
and disputes between them shall be resolved by binding arbitration.
18. Customer Support
If you need to communicate with LivQuik for any reason, such as for technical support, to resolve a
Dispute,
to close you Jupiter Edge account, or to opt-out of the sharing of Personal Information regarding which
you
have the right to opt-out, contact
LivQuik’s Customer Support Department by e-mail at edge-support@jupiter.money.
19. Miscellaneous Provisions
This Agreement (including the Privacy Policy), as modified from time to time as provided in this
Agreement,
constitutes the entire agreement between User and LivQuik, and there are no oral or written agreements or
understandings or representations and
warranties between the parties except as expressly set forth in this Agreement. In the event of any
conflict
between the provisions of this Agreement (which includes the Privacy Policy) and any other LivQuik
agreement
or policy,
the provisions of this Agreement shall control. No waiver of any provision of this Agreement shall
constitute a continuing waiver or a waiver of any other provision of this Agreement. No provision of this
Agreement is intended
to be for the benefit of or enforceable by any third party. Except as provided in subsection (f) of
Section
14 of this Agreement (which is entitled “Disputes and Binding Arbitration”), if any provision of this
Agreement is for
any reason declared invalid or unenforceable by reason of the laws of the India, the validity of any of
the
remaining provisions shall not be affected and such remaining provisions shall remain in full force and
effect as if User
and LivQuik had entered into this Agreement without the invalidated provision.
20. Transfer of LivQuik Jupiter Edge Account
Notwithstanding anything to the contrary mentioned elsewhere in this Terms and Condition and Terms of
Service, you expressly consent LivQuik to transfer all your data and account information which is not
limited to your Personal Information, PPI wallet,
KYCs, mobile, name, contact details to business partner with whom LivQuik has entered into an arrangement
with for the users onboarded on Jupiter Edge App.
21. KYC Fetch and Verification
Notwithstanding anything to the contrary mentioned elsewhere in this Terms and Condition and Terms of
Service, you acknowledge, authorizes and give consent to the LivQuik to undertake KYC verification through
CERSAI portal or DigiLocker or otherwise and
undertake all such actions as may be required on behalf or otherwise to duly complete the process of such
verification including by way of KYC fetched through CERSAI portal or DigiLocker and share such
information
with any authority
and store such information in a manner it deems fit.
22. Repayment of Outstanding Loan Amount
Notwithstanding anything to the contrary mentioned elsewhere in this Terms and Condition and Terms of
Service, you understand and expressly consent LivQuik to debit your balance lying in your PPI wallet
account
to repay the outstanding loan amount against
the request received from the lending partner “NDX P2P Private Limited”. This consent shall be valid until
your Jupiter Edge account is closed or suspended as mentioned under this document.
23. Sharing of KYC with the Regulated Entities
LivQuik may share copies of identification data and other relevant documentation relating to the customer
due diligence requirements with the entities which are regulated, supervised or monitored for, and have
measures in place for, compliance with customer
due diligence and record-keeping requirements in line with the requirements and obligations under the PML
Act, for them to rely on. Notwithstanding anything to the contrary mentioned elsewhere in this Terms and
Condition and Terms
of Service, you expressly consent to LivQuik for sharing your KYC information with the Regulated Entities
(including but not limited to Non-Banking Financial Companies and Banks) and business partner for the
purpose of carrying
out all possible checks and balances to assure the credibility of the user, improving existing services,
data enrichment, generate affluence score, outsourcing relationship management activity, collection of
overdues, launch of
ancillary service or product. You further acknowledge that partner regulated entities will have sole
discretion to provide a service to the user. If you are not eligible for a service as per the internal
risk
parameters of partner
Regulated Entities, you will not have access to the Jupiter Edge App. Furthermore, you acknowledge that
the
regulated entities and business partner will retain the information provided by you for regular
credibility
check and if
eligible, you may receive request from LivQuik to complete the onboarding.
24. Information Collection and Sharing
You understand and explicitly consent that Amica Financial Technologies Private Limited (“Jupiter”) is the
technology service provider for LivQuik’s Jupiter Edge App and shall collect your personal information
which
may include device information and
operating system information, financial information and transactional and payment related information
directly from you through Jupiter Edge App for security and service purpose and further share it with the
LivQuik. Details of
it is mentioned in the LivQuik Privacy Policy.
25. Third party affiliations and communications from LivQuik
Accepting these T&C, implies your express consent to be contacted by us,
representatives, affiliates, collection agents or anyone calling on our behalf at
any contact number, or physical or electronic address provided by you while
registering your account with Jupiter. You further agree to us contacting you in
any manner, including without limitation, emails, SMS messages, WhatsApp,
calls using pre-recorded messages or artificial voice, and notifications sent via
our mobile application.
Revision in the T&Cs
Notwithstanding anything to the contrary mentioned elsewhere in this Terms and Condition and Terms of
Service, the T&Cs and ToS may be modified, at any time, at our sole discretion without any prior
intimation
to you. The revised/modified version of the
same shall be posted on the Jupiter Edge App. It is your responsibility to review the same on a regular
basis. By accessing and continuing to use the Jupiter Edge App, it is deemed that the you have understood
and agreed to the
revised version. Further, the services and features provided by Us may be subject to change at our
discretion, and We do not require your consent for the same nor shall We be liable to you for any such
change.