TERMS OF SERVICE AGREEMENT

LAST REVISION: [09-11-2022]

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, freepayonline.com (the "Website"), FREEPAYCARD RETAIL PRIVATE LIMITED ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. FREEPAYCARD RETAIL PRIVATE LIMITED reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. FREEPAYCARD RETAIL PRIVATE LIMITED will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. FREEPAYCARD RETAIL PRIVATE LIMITED encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with FREEPAYCARD RETAIL PRIVATE LIMITED for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

A. DEFINITIONS

The parties referred to in these Terms of Service shall be defined as follows:

  1. Owner, Us, we: The Owner, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. FREEPAYCARD RETAIL PRIVATE LIMITED, Owner, Us, We, Our, Ours and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner.

  2. You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For the purpose of these Terms of Service, the term ’User’ or ’you’ shall mean any natural or legal person who person is accessing the Website. The term ‘Your’ shall be construed accordingly.

  3. Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.

B. CRITERIA OF USUAGE

  1. AGE RESTRICTION: You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to these Terms of Service. The Owner assumes no responsibility or liability for any misrepresentation of Your age.
  2. ABOUT THE SITE: The Website is an online store which carries out sale/ adversting of the following: Gift Pre-paid cards, softwares, membership registrations, appointment of consultants etc. We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time. The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights or restricting the use of this Website by any third party.
  3. LICENSE TO USE WEBSITE: The Owner may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in Your use of the Website or Services. Subject to these Terms of Service, the Owner grants You a non-exclusive, limited, non-transferable and revocable license to use the Owner Materials solely in connection with Your use of the Website and Services. The Owner Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of these Terms of Service.

    You agree not to collect contact information of other Users from the Website or download or copy any information by means of unsolicited access to communicate directly with them or for any reason whatsoever. Any unauthorized use by you shall terminate the permission or license granted to you by the Website and You agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the Website.
  4. USER OBLIGATIONS: As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. The billing information You provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of Your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. The Owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
  5. PAYMENT & FEES: Should You register for any of the paid Services on this website or purchase any product or service on this website, You agree to pay Us the specific monetary amounts required for that product or those Services. These monetary amounts (*Fees') will be described to You during Your account registration and/or confirmation process. The final amount required for payment will be shown to You immediately prior to purchase. Payment for any on-going Services is billed automatically until You notify Us that You would like to terminate Your access to the Services. We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
  6. ACCEPTABLE USE: You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Owner.
    1. You further agree not to use the Website or Services:
      1. To harass, abuse, or threaten others or otherwise violate any person's legal rights;
      2. To violate any intellectual property rights of the Owner or any third party;
      3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
      4. To perpetrate any fraud;
      5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
      6. To publish or distribute any obscene or defamatory material;
      7. To publish or distribute any material that incites violence, hate or discrimination towards any group;
      8. To unlawfully gather information about others.

    You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; (d) to violate any local, federal or international law, statute, ordinance or regulation; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or any content which is defamatory, libellous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to damage, disable, overburden, or impair the Website or any other party's use of the Website; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (m) to personally threaten or has the effect of personally threatening other Users. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. The Company has the full authority to review all content posted by Users on the Website. You acknowledge that the Website is not responsible or liable and does not control the content of any information that may be posted to the Website by You or other User of the Website and you are solely responsible for the same. You agree that You shall not upload, post, or transmit any content that you do not have a right to make available (such as, the intellectual property of another party).

    You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that is abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  7. COMMUNICATION: You understand that each time use the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from the Website including e-mail messages telling you about products and services offered by the Website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the Website. You agree that the communications sent to You by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
  8. AFFILIATE MARKETING & ADVERTISING: The Owner, through the Website and Services, may engage in affiliate marketing whereby the Owner receives a commission on or percentage of the sale of goods or services on or through the Website. The Owner may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
  9. PRIVACY INFORMATION: Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Owner to use Your information in India and any other country where We may operate.
    1. Information We May Collect or Receive: When You register for an account, You provide Us with a valid cell phone number email address and may provide Us with additional information, such as Your name or billing information and registration info present with Freepaycard. Depending on how You use Our Website or Services, We may also receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
    2. How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through SMS and/or email communication. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
    3. How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Owner will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, the Owner will store information about You.

C. PRODUCTS

Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.

  1. Customer Solicitation: Unless you notify our third party call centre reps or direct FREEPAYCARD RETAIL PRIVATE LIMITED sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations FREEPAYCARD RETAIL PRIVATE LIMITED and its designated in house or third party call team(s).
  2. Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
    1. You may use the opt out link found in any email solicitation that you may receive.
    2. You may also choose to opt out, via sending your email address to:.
    3. You may send a written remove request to:
      FREEPAYCARD RETAIL PRIVATE LIMITED, Ground Floor, Tower-B, Suncity, Golf Course Extension road, Sector 65, Gurugram Haryana- 122005
  3. Proprietary Rights: FREEPAYCARD RETAIL PRIVATE LIMITED has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell, or redistribute any Product manufactured and/or distributed by FREEPAYCARD RETAIL PRIVATE LIMITED. FREEPAYCARD RETAIL PRIVATE LIMITED also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.
  4. Sales Tax: If you purchase any Products, you will be responsible for paying any applicable sales tax.

D. WEBSITE

Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. FREEPAYCARD RETAIL PRIVATE LIMITED does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that FREEPAYCARD RETAIL PRIVATE LIMITED does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. FREEPAYCARD RETAIL PRIVATE LIMITED does not endorse the contents on any such third-party websites. FREEPAYCARD RETAIL PRIVATE LIMITED is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website; FREEPAYCARD RETAIL PRIVATE LIMITED is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from FREEPAYCARD RETAIL PRIVATE LIMITED or the applicable third party (if third party content is at issue).

Posting. By posting, storing, or transmitting any content on the Website, you hereby grant FREEPAYCARD RETAIL PRIVATE LIMITED a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. FREEPAYCARD RETAIL PRIVATE LIMITED does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. FREEPAYCARD RETAIL PRIVATE LIMITED is not liable for any damage or harm resulting from any posts by or interactions between users. FREEPAYCARD RETAIL PRIVATE LIMITED reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content FREEPAYCARD RETAIL PRIVATE LIMITED deems objectionable.

E. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND " AS AVAILABLE" BASIS. FREEPAYCARD RETAIL PRIVATE LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FREEPAYCARD RETAIL PRIVATE LIMITED MAKES NO WARRANTY:

  1. THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
  2. THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
  3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WliL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
  4. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WliL BE CORRECTED.
  5. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
  6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

F. LIMITATION OF LIABILITY

FREEPAYCARD RETAIL PRIVATE LIMITED ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.

FREEPAYCARD RETAIL PRIVATE LIMITED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

G. INDEMNIFICATION

You will release, indemnify, defend and hold harmless FREEPAYCARD RETAIL PRIVATE LIMITED , and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to FREEPAYCARD RETAIL PRIVATE LIMITED .When FREEPAYCARD RETAIL PRIVATE LIMITED is threatened with suit or sued by a third party, FREEPAYCARD RETAIL PRIVATE LIMITED may seek written assurances from you concerning your promise to indemnify FREEPAYCARD RETAIL PRIVATE LIMITED; your failure to provide such assurances may be considered by FREEPAYCARD RETAIL PRIVATE LIMITED to be a material breach of this Agreement. FREEPAYCARD RETAIL PRIVATE LIMITED will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of FREEPAYCARD RETAIL PRIVATE LIMITED choice at its expense. FREEPAYCARD RETAIL PRIVATE LIMITED will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend FREEPAYCARD RETAIL PRIVATE LIMITED against any claim, but you must receive FREEPAYCARD RETAIL PRIVATE LIMITED prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

H. PRIVACY

FREEPAYCARD RETAIL PRIVATE LIMITED believes strongly in protecting user privacy and providing you with notice of use of data. Please refer to FREEPAYCARD RETAIL PRIVATE LIMITED privacy policy, incorporated by reference herein, that is posted on the Website.

I. AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

J. GENERAL

Force Majeure. FREEPAYCARD RETAIL PRIVATE LIMITED will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation. FREEPAYCARD RETAIL PRIVATE LIMITED may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement. This Agreement comprises the entire agreement between you and FREEPAYCARD RETAIL PRIVATE LIMITED and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of FREEPAYCARD RETAIL PRIVATE LIMITED to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction. This Website originates from Gurugram, Haryana. This Agreement will be governed by the laws of the State of Haryana without regard to its conflict of law principles to the contrary. Neither you nor FREEPAYCARD RETAIL PRIVATE LIMITED will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of [State Name]. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination. FREEPAYCARD RETAIL PRIVATE LIMITED reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and FREEPAYCARD RETAIL PRIVATE LIMITED may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, FREEPAYCARD RETAIL PRIVATE LIMITED reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until FREEPAYCARD RETAIL PRIVATE LIMITED chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. FREEPAYCARD RETAIL PRIVATE LIMITED makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment. You may not assign your rights and obligations under this Agreement to anyone. FREEPAYCARD RETAIL PRIVATE LIMITED may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.