Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the OppiaPe website, and all associated sites, or the OppiaPe . mobile application or any similar platform (hereinafter collectively, the OppiaPe . Platform run by OppiaPe,
Any of its affiliates (hereinafter collectively, OppiaPe . or OppiaPe on any device and/or before availing any services offered by OppiaPe . on the OppiaPe Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by OppiaPe on the OppiaPe Platform (hereinafter individually, and collectively,
The OppiaPe . Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all OppiaPe Services, whether offered by OppiaPe or its affiliates.

ACCEPTANCE

By registering on, accessing, browsing, downloading or using the OppiaPe Platform for any general purpose or for the specific purpose of availing any OppiaPe Service, you agree to be bound by the single-sign-on ID (hereinafter TRANSFER) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each OppiaPe Service (hereinafter collectively, the T&Cs).
These T&Cs shall also include any additional or modified terms and conditions in relation to the TRANSFER or any additional or modified service-specific terms and conditions in relation to any OppiaPe Service or any future service that may be offered by OppiaPe on the OppiaPe Platform. By registering on, accessing, browsing, downloading or using (as applicable) the OppiaPe Platform or availing any OppiaPe Service or the TRANSFER, you automatically and immediately agree to all the T&Cs. If at any time you do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse or use the OppiaPe Platform and immediately terminate your availing the OppiaPe Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between you, being at least 18 years of age and an individual user of the OppiaPe Platform or a customer or beneficiary of the OppiaPe Services, and OppiaPe.
All services are rendered by OppiaPe through the OppiaPe Platform under the brand name “OppiaPe” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, OppiaPe, regarding your use of OppiaPe’s digital services (which includes but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets), the semi closed wallet service, the marketplace service or any such other services which may be added on the OppiaPe Platform and which will henceforth be a OppiaPe Service, from time to time.
The OppiaPe Services shall be used by you subject to your adherence with the T&Cs. As long as you accept and comply with these T&Cs, OppiaPe grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the OppiaPe Platform and/or avail the OppiaPe Services.

ELIGIBILITY

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

OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply in order for you to avail specific OppiaPe Services and to specific portions or features of the OppiaPe Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the OppiaPe Platform or for any OppiaPe Service offered on or through the OppiaPe Platform, the latter terms shall control with respect to your use of that portion of the OppiaPe Platform or the specific OppiaPe Service.
OppiaPe may make changes to any OppiaPe Services offered on the OppiaPe Platform, or to the applicable terms for any such OppiaPe Services, at any time, without notice. The materials on the OppiaPe Platform with respect to the OppiaPe Services may be out of date, and OppiaPe makes no commitment to update the materials on the OppiaPe Platform with respect to such OppiaPe Services. The following terms also govern and apply to your use of the OppiaPe Platform, and they are incorporated herein by this reference:

OppiaPe Platform Services, Participating Platforms

OppiaPe services offers you the convenience, after a one-time registration any OppiaPe Platform, to sign on (log in) to all web pages and online platforms operated by OppiaPe or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time.
After successfully registering for the OppiaPe Service, the user can log-in via each Participating Platform with his OppiaPe access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations).
The Participating Platforms that offer the OppiaPe as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which OppiaPe’s service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions.
These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of OppiaPe is solely responsible only for those content that it actually operates. For the OppiaPe service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The OppiaPe shall be owned and operated by OppiaPe Solutions. for use on all Participating Platforms, by OppiaPe or its affiliates. For the use of OppiaPe’s service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the OppiaPe service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the OppiaPe service or to disclose them otherwise.
The user is obliged to inform OppiaPe immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our OppiaPe service (hereinafter the OppiaPe Agreement). Our offer for the conclusion of the OppiaPe Agreement is then affected by the fact that OppiaPe sends the user a confirmation by e-mail, in which a confirmation link is included next to the user name and the password for the OppiaPe Service.
By the user clicking on this confirmation link, the user accepts OppiaPe’s offer, so that in this way the OppiaPe Agreement enters into force. Conclusion of the OppiaPe Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. OppiaPe is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for OppiaPe) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.

COMMUNICATION POLICY

By accepting the T&Cs, you accept the following: 1. OppiaPe may send alerts to the mobile phone number provided by you while registering with the OppiaPe Platform for the TRANSFER service or on any updated mobile number subsequently provided by you on the OppiaPe Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then you may not get the alert at all or get delayed messages.
2. OppiaPe will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that you shall have received the information sent from OppiaPe as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the OppiaPe Platform or availing any OppiaPe Services. OppiaPe shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold OppiaPe liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
3. The SMS/e-mail alert/push notification service provided by OppiaPe is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that you observe any error in the information provided in the alert, OppiaPe shall be immediately informed about the same by you and OppiaPe will make best possible efforts to rectify the error as early as possible. You shall not hold OppiaPe liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.
4. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. OppiaPe shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
5. You will indemnify and hold harmless OppiaPe and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which OppiaPe or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
(i) misuse by you or improper or fraudulent information provided by you;
(ii) incorrect number or a number that belongs to an unrelated third party provided by you; and/or
(iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from OppiaPe and/or the SMS/e-mail service provider.
6. You will receive information via SMS, e-mail and phone calls regarding what OppiaPe perceive to be of your interest based on your usage history and browsing history (which information may be shared by OppiaPe with its affiliates). This includes providing information relating to offers, discounts and general information by OppiaPe. In case you do not want such information, you have to explicitly ask to be excluded.

Use of OppiaPe Platform

You understand that except for information, products or services clearly indicated as being supplied by OppiaPe, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that OppiaPe cannot and does not guarantee or warrant that files available for download through the OppiaPe Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for accuracy of data input and output.

PROHIBITED CONDUCT

By accessing or using the OppiaPe Platform or by availing OppiaPe Services, you agree not to: 1. Violate the T&Cs; 2. Impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the OppiaPe Services, perform any other similar fraudulent activity or otherwise avail OppiaPe
Services with what we reasonably believe to be potentially fraudulent funds; 3. Infringe our or any third party’s intellectual property rights, rights of publicity or privacy; 4. Use the OppiaPe Services if you are under the age of 18 years without a parental sponsor or, in any event, use the OppiaPe Services if you are under the age of 13 years old even with a parental sponsor and in accordance with applicable law; 5. Post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person; 6. Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature; 7. Refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to OppiaPe; 8. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the OppiaPe Services and the OppiaPe Platform or features that enforce limitations on the use of the OppiaPe Services or the OppiaPe Platform; 9. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards OppiaPe Services or OppiaPe Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law; 10. Use the OppiaPe Services or the OppiaPe Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the OppiaPe Services or the OppiaPe Platform in an automated manner; 11. Modify, adapt, translate or create derivative works based upon the OppiaPe Services and the OppiaPe Platform or any part thereof, except and only to the extent that that this is permissible by applicable law; 12. Intentionally interfere with or damage operation of the OppiaPe Services or the OppiaPe Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features; 13. Use any robot, spider, other automatic device, or manual process to monitor or copy the OppiaPe Platform without prior written permission; 14. Interfere or disrupt the OppiaPe Platform or networks connected to the OppiaPe Platform; 15. Take any action that imposes an unreasonably or disproportionately large load on OppiaPe’s infrastructure/network; 16. Use any device, software or routine to bypass the OppiaPe Platform’s robot exclusion headers, or interfere or attempt to interfere, with the OppiaPe Services; 17. forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the OppiaPe Platform or to manipulate your presence on the OppiaPe Platform; 18. Sell the OppiaPe Services, information, or software associated with or derived from it; 19. Use the facilities and capabilities of the OppiaPe Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others; 20. Breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs; 21. Provide false, inaccurate or misleading information; 22. Use the OppiaPe Platform to collect or obtain personal information, including without limitation, financial information, about other users of the OppiaPe Platform, except and only as expressly provided in the T&Cs; 23. Avail OppiaPe Services with what OppiaPe reasonably believes to be potentially fraudulent funds; 24. Use the OppiaPe Services in a manner that results in or may result in complaints, disputes, reversals, charge-backs, fees, fines, penalties and other liability to OppiaPe, a third party or you; 25. Use the OppiaPe Services in a manner that OppiaPe or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules; 26. Take any action that may cause OppiaPe to lose any of the OppiaPe Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers; 27. Send automated request of any kind to the OppiaPe Platform without express permission in advance from OppiaPe.

TERMINATION; AGREEMENT VIOLATIONS

You agree that OppiaPe, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the OppiaPe Services/OppiaPe Platform and remove and discard on the OppiaPe Platform all or any part of your account, your user profile, or your recipient profile, including your SSOID, at any time. OppiaPe may also in its sole discretion and at any time discontinue providing access to the OppiaPe Services, or any part thereof, with or without notice. You agree that any termination of your access to the OppiaPe Services/OppiaPe Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that OppiaPe will not be liable to you or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies OppiaPe may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the OppiaPe Services/OppiaPe Platform.

LIMITATION OF LIABILITY AND DAMAGES

In no event, OppiaPe or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the OppiaPe Services, the OppiaPe Platform or any reference site/app/platform/service; or (iv) your use or inability to use the OppiaPe Services, the OppiaPe Platform (including any and all materials) or any reference sites/app/platform/service, even if OppiaPe or a OppiaPe authorized representative has been advised of the possibility of such damages. In no event, OppiaPe or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the OppiaPe Services, the OppiaPe Platform or any reference site/app/platform/service; or (iv) your use or inability to use the OppiaPe services, the OppiaPe Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with OppiaPe, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the OppiaPe Service or the OppiaPe Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that OppiaPe has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and OppiaPe, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and OppiaPe. OppiaPe would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, OppiaPe’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

INDEMNIFICATION

You agree to indemnify, save, and hold OppiaPe, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) your use or misuse of the OppiaPe Services or of the OppiaPe Platform; (ii) any violation by you of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by you herein (iv) Contractors, agents and distributors indemnify all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to retailers and vice-versa. OppiaPe reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify OppiaPe, including rights to settle, and you agree to cooperate with OppiaPe’s defense and settlement of these claims. OppiaPe will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

OWNERSHIP; PROPRIETARY RIGHTS

The OppiaPe Services and the OppiaPe Platform are owned and operated by OppiaPe and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the OppiaPe Services and the OppiaPe Platform provided by OppiaPe (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and OppiaPe, all Materials, trademarks, service marks, and trade names contained on the OppiaPe Platform are the property of OppiaPe and/or third party licensors or suppliers. You agree not to remove, obscure, or alter OppiaPe or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the OppiaPe Services/OppiaPe Platform. Except as expressly authorized by OppiaPe, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. OppiaPe reserves all rights not expressly granted in this Agreement. If you have comments regarding the OppiaPe Services and/or the OppiaPe Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to OppiaPe, and shall assign to OppiaPe, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

MODIFICATION OF THIS AGREEMENT

OppiaPe reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the OppiaPe Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the OppiaPe Platform, availing the OppiaPe Services or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the OppiaPe Services/OppiaPe Platform. For certain changes, OppiaPe may be required under applicable law to give you advance notice, and OppiaPe will comply with such requirements. Your continued use of the OppiaPe Platform following the posting of changes will mean that you accept and agree to the changes.

NOTICE

OppiaPe may provide you with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the OppiaPe Platform or by any other reasonable means.

WAIVER

The failure of OppiaPe to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by OppiaPe.

DISPUTE RESOLUTION

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

GOVERNING LAW AND FORUM FOR DISPUTES

Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against OppiaPe must be resolved by a court having jurisdiction in Thane INDIA. You agree to submit to the personal jurisdiction of the courts located within Thane INDIA, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

SEVERABILITY

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.