The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by talk2pay. By accepting these Terms & Use or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
Coupon/Offer redemption is purely subjected to standard and specified terms and conditions mentioned by the respective provider. Coupons are issued on behalf of the respective provider. Hence, any damages, injuries, losses incurred by the end user by using the coupon is not the responsibility of Talk2pay.
You agree that the information you provide to Talk2pay on registration and at all other times, including payment, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that Your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, PIN, Password, or any credit, debit or prepaid cash card number or net-banking login/password, if applicable), then you agree to immediately notify Talk2pay and indemnify Talk2pay from any liabilities that may arise from the misuse of your account.
Your mobile number and email acts as your username that will identify your account and thereby all of your transactions and account related activity on Talk2pay. If an account is found to be overly inactive, the account may be reclaimed by Talk2pay without notice. Inactivity may be considered as you're not signing in and/or never having done a transaction from your account on Talk2pay for more than six months at a stretch.
We encourage you to choose a strong password to protect your account. It is advised that you not share your password with anyone or write it down. Make sure you sign out before leaving a computer unattended. Talk2pay never, under any circumstances, asks for your account password.
Third Party Sites, Products and Services
The Services and/or the Site may include links or references to other web sites or services solely as a convenience to users ("Reference Sites"). Talk2pay does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services and/or the Site are solely between You and such entity. Access and use of reference sites, including the information, materials, products, and services on or available through reference sites is solely at your own risk.
Billing and Payment
We may in future provide a detailed billing summary in the format of its choice, which may change from time to time. This summary may be found by logging into your account (if you have registered and created an account) on the Site.
All Sales are Final
All sales of Recharge are final with no refund or exchange permitted. You are responsible for the details you provide that lead to a purchase. However, if in a transaction performed by you on the Site, money has been charged to your card or bank account and service is not delivered within 24 hours of your completion of the transaction then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page. Talk2pay shall investigate the case and if it is found that money was indeed charged to your card or bank account without delivery of the Service then you will be refunded the money within 7 working days from the date of receipt of your email.
Termination; Agreement Violations
You agree that Talk2pay, 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 Services and remove and discard all or any part of Your account, Your user profile, or Your recipient profile, at any time. Talk2pay may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Services or any account You may have or portion thereof may be effected without prior notice, and You agree that Talk2pay will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Talk2pay may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Services.
Limitation of Liability and Damages:
In no event will Talk2pay or its contractors, agents, licensors, partners, or suppliers 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 services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if Talk2pay or a Talk2pay authorized representative has been advised of the possibility of such damages. In no event will Talk2pay or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers' total liability to You for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) Your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with Talk2pay, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by You, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that Talk2pay 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 Talk2pay, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Talk2pay. Talk2pay would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such cases, Talk2pay’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold Talk2pay, 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 Your use or misuse of the Services or of the Site, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. Talk2pay reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Talk2pay, including rights to settle, and You agree to cooperate with Talk2pay’s defense and settlement of these claims. Talk2pay 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.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, Talk2pay and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Talk2pay or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term "Talk2pay" includes Talk2pay’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that Talk2pay is a reseller and is not liable for any 3rd party (suppliers) obligations due to rates, quality, and all other instances, whether to any such supplier’s subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an "as is" and "as available," "with all faults" basis and without warranties or representations of any kind either express or implied. Talk2pay, and its third party suppliers, licensors, and partners do not warrant that the data, Talk2pay software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Talk2pay and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. you understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will Talk2pay be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.
Ownership; Proprietary Rights
The Services and the Site are owned and operated by Talk2pay 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 Services and the Site provided by Talk2pay (the "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 Talk2pay, all Materials, trademarks, service marks, and trade names contained on the Site are the property of Talk2pay and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Talk2pay 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 Services. Except as expressly authorized by Talk2pay, 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. Talk2pay reserves all rights not expressly granted in this Agreement. If You have comments regarding the Services and the Site or ideas on how to improve it, please contact our Helpdesk. Please note that by doing so, You hereby irrevocably assign to Talk2pay, and shall assign to Talk2pay,all right, title and interest 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
Talk2pay reserves the right to change, modify, add, or remove portions of this Agreement (each, a "change") at any time by posting notification to the Talk2pay website www.Talk2pay.in 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 payment transactions initiated after the posting date. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate your use of the services. For certain changes, Talk2pay may be required under applicable law to give you advance notice, and Talk2pay will comply with such requirements.
Talk2pay may provide you with notices and communications by email, regular mail or postings on the Talk2pay website www.Talk2pay.in or by any other reasonable means. Except as otherwise set forth herein, notice to Talk2pay must be sent by courier or registered mail to General Counsel, M/s Talk2 Homebills Services; 1st Floor, GTB Tower, University Road, Gwalior (M.P.) -474011, India.
The failure of Talk2pay 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 Talk2pay.
Talk2pay may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim 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 arbitration shall be conducted in Gwalior, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Gwalior, India, necessary to protect the rights or the property of you or Talk2pay (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of arbitration shall be English.
Governing Law and Forum for Disputes
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Talk2pay must be resolved by a court located in Gwalior, India. You agree to submit to the personal jurisdiction of the courts located within Gwalior, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
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.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
This is the entire agreement between You and Talk2pay relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by Talk2pay in accordance with the terms of this Agreement.
Use of Services
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Talk2pay website located at talk2pay.in, and all associated sites linked to talk2pay.in or the Talk2pay mobile application or any similar platform (hereinafter collectively, the Talk2pay Platform run by "M/s Talk2 Homebills Services" , having its registered office at GTB Tower, 1st Floor, University Road, Gwalior – 474011 (hereinafter collectively, Talk2pay) on any device and/or before availing any services offered by Talk2pay on the Talk2pay Platform which may include services such as recharge or bill payment, digital products & service and marketplace service or any other service that may be offered by Talk2pay on the Talk2pay Platform (hereinafter individually, and collectively, the Talk2pay Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Talk2pay Services, whether offered by Talk2pay or its affiliates.
By registering on, accessing, browsing, downloading or using the Talk2pay Platform for any general purpose or for the specific purpose of availing any Talk2pay Service, You agree to be bound by the terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Talk2pay Service. By registering on, accessing, browsing, downloading or using (as applicable) the Talk2pay Platform or availing any Talk2pay Service, You automatically and immediately agree to all the terms and conditions. Accepting or agreeing to the terms and conditions, will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Talk2pay Platform or a customer or beneficiary of the Talk2pay Services, and Talk2pay. All services are rendered by Talk2pay through the Talk2pay Platform under the brand name “Talk2pay” (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, Talk2pay, regarding Your use of Talk2pay’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 marketplace service or any such other services which may be added on the Talk2pay Platform and which will henceforth be a Talk2pay Service, from time to time. The Talk2pay 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, Talk2pay grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Talk2pay Platform and/or avail the Talk2pay Services.
You understand that except for information, products or services clearly indicated as being supplied by Talk2pay, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Talk2pay cannot and does not guarantee or warrant that files available for download through the Talk2pay 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.
By accessing or using the Talk2pay Platform or by availing Talk2pay Services, You agree not to:
- violate the T&Cs;
- 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 Talk2pay Services, perform any other similar fraudulent activity or otherwise avail Talk2pay Services with what we reasonably believe to be potentially fraudulent funds;
- infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
- use the Talk2pay Services if You are under the age of 18 years without a parental sponsor or, in any event, use the Talk2pay Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
- post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
- post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
- refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Talk2pay;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Talk2pay Services and the Talk2pay Platform or features that enforce limitations on the use of the Talk2pay Services or the Talk2pay Platform;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Talk2pay Services or Talk2pay Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
- use the Talk2pay Services or the Talk2pay Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Talk2pay Services or the Talk2pay Platform in an automated manner;
- modify, adapt, translate or create derivative works based upon the Talk2pay Services and the Talk2pay Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
- intentionally interfere with or damage operation of the Talk2pay Services or the Talk2pay 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;
- use any robot, spider, other automatic device, or manual process to monitor or copy the Talk2pay Platform without prior written permission;
- interfere or disrupt the Talk2pay Platform or networks connected to the Talk2pay Platform;
- take any action that imposes an unreasonably or disproportionately large load on Talk2pay’s infrastructure/network;
- use any device, software or routine to bypass the Talk2pay Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Talk2pay Services;
- forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Talk2pay Platform or to manipulate Your presence on the Talk2pay Platform;
- sell the Talk2pay Services, information, or software associated with or derived from it;
- use the facilities and capabilities of the Talk2pay Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
- breach this Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
- provide false, inaccurate or misleading information;
- use the Talk2pay Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Talk2pay Platform, except and only as expressly provided in the T&Cs;
- avail Talk2pay Services with what Talk2pay reasonably believes to be potentially fraudulent funds;
- use the Talk2pay Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Talk2pay, a third party or You;
- use the Talk2pay Services in a manner that Talk2pay or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
- take any action that may cause Talk2pay to lose any of the Talk2pay 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;
- send automated request of any kind to the Talk2pay Platform without express permission in advance from Talk2pay.
Talk2pay facilitates the payment of certain bills through the Talk2pay Platform with respect to certain services offered by Talk2pay business partners who have partnered with Talk2pay to enable their bills to be paid through the Talk2pay Platform. Please see the relevant links on the Talk2pay Platform for more information on Talk2pay’s bill payment service. Further, Talk2pay also offers certain digital products which facilitate the purchase of prepaid recharges for mobile, DTH, toll and data card as well as purchase of movie tickets, bus tickets, hotel reservations, flight tickets and purchase of tickets to amusement or theme parks, etc. Other digital products available on the Talk2pay Platform also include coupon redemption services. The terms and conditions in relation to bill payments and digital products are set out below. The terms and conditions in relation to bill payments and digital products set out below are applicable to and binding on You in conjunction terms and conditions already accepted by You. The terms ‘Agreement’ or ‘T&Cs’ mentioned herein below includes the terms and conditions in relation to bill payments and digital products set out below and terms and conditions as well as other service-specific terms and conditions in relation to Talk2pay Services or Talk2pay Platform.
All sales of prepaid recharge on the Talk2pay Platform are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number for which You purchase the prepaid recharge and all charges that result from those purchases. You are also responsible for the information relating to data card and toll-tag recharge and all charges that result from those purchases. Talk2pay is not responsible for any purchase of prepaid recharge for an incorrect mobile number or DTH account number or incorrect toll or data card information. However, if in a transaction performed by You on the Talk2pay Platform, money has been charged to Your card or bank account and a recharge is not delivered within 24 hours of the completion of the transaction, then You shall inform us by sending an e mail to our customer services e mail address mentioned on the ‘Contact Us’ page on the Talk2pay Platform. Please include in the e-mail the following details – the mobile number (or DTH account number or data card or toll-tag information), operator name, recharge value, transaction date and order number. Talk2pay will investigate the incident and, if it is found that money was indeed charged to Your card or bank account without delivery of the recharge, then You will be refunded the money within 21 working days from the date of receipt of Your e mail. All refunds will be credited to Your semi- closed wallet. You can trigger a request in Your Talk2pay wallet to transfer the money from Your Talk2pay wallet back to source. It will take 3-21 working days for the money to show in Your bank account depending on Your bank’s policy.
If any dispute, controversy or claim arises under this Agreement or in relation to any Talk2pay Service or the Talk2pay Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Talk2pay 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 Gwalior and the language of this arbitration shall be English. Either You or Talk2pay may seek any interim or preliminary relief from a court of competent jurisdiction in Gwalior necessary to protect the rights or the property belonging to You or Talk2pay (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Talk2pay 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 Talk2pay. 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 Talk2pay must be resolved by a court having jurisdiction in Gwalior, India. You agree to submit to the personal jurisdiction of the courts located within Gwalior, 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.
M/s Talk2 Homebills Services
1st Floor, GTB Tower, University Road, Gwalior-474011,