Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Anik Financial website located at Anik. ltd, and all associated sites linked to Anik. ltd, or the Anik Financial mobile application or any similar platform (hereinafter collectively, the Anik Financial Platform run by Anik Financial Services Pvt. Ltd., having its registered office at Sahyadri Building, Sainaka Ambajogai Road, Latur. Maharashtra 413512(hereinafter collectively, Anik Financial or Anik Financial ) on any device and/or before availing any services offered by Anik Financial on the Anik Financial Platform which may include services digital products and marketplace service or any other service that may be offered by Anik Financial on the Platform (hereinafter individually, and collectively, the Anik Financial Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Anik Financial Services, whether offered by Anik Financial or its affiliates.
Acceptance
By registering on, accessing, browsing, downloading or using the Anik Financial Platform for any general purpose or for the specific purpose of availing any Anik Financial Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Anik Financial Service (hereinafter collectively, the T&Cs).
These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any Anik Financial Service or any future service that may be offered by Anik Financial on the Anik Financial Platform.
By registering on, accessing, browsing, downloading or using (as applicable) the Anik Financial Platform or availing any Anik Financial Service or the SSOID, 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 Anik Financial Platform and immediately terminate Your availing the Anik Financial 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 Anik Financial Platform or a customer or beneficiary of the Anik Financial Services, and Anik Financial.
All services are rendered by Anik Financial through the Anik Financial Platform under the brand name “Anik Financial” (or any derivatives or variations thereof). The marketplace service or any such other services which may be added on the Anik Financial Platform and which will henceforth be a Anik Financial Service, from time to time.
The Anik Financial 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, Anik Financial grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Anik Financial Platform and/or avail the Anik Financial Services.
Eligibility
The Anik Financial Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Anik Financial from availing the Anik Financial Services or accessing the Anik Financial Platform. By accepting the T&Cs or by otherwise using the Anik Financial Services on the Anik Financial Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Anik Financial, or disqualified for any other reason, from availing the Anik Financial Services or using the Anik Financial 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, Anik Financial reserves the right to suspend or permanently prevent You from availing Anik Financial Services or using the Anik Financial Platform.
Other Terms and Conditions
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 Anik Financial Platform or for any Anik Financial Service offered on or through the Anik Financial Platform, the latter terms shall control with respect to Your use of that portion of the Anik Financial Platform or the specific Anik Financial Service. Anik Financial may make changes to any Anik Financial Services offered on the Anik Financial Platform, or to the applicable terms for any such Anik Financial Services, at any time, without notice. The materials on the Anik Financial Platform with respect to the Anik Financial Services may be out of date, and Anik Financial makes no commitment to update the materials on the Anik Financial Platform with respect to such Anik Financial Services. The following terms also govern and apply to Your use of the Anik Financial Platform, and they are incorporated herein by this reference: https:/www.anik.ltd/privacy.html.
Communication Policy
By accepting the T&Cs, You accept the following:
• Anik Financial may send alerts to the mobile phone number provided by You while registering with the Anik Financial Platform for the SSOID service or on any updated mobile number subsequently provided by You on the Anik Financial 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.
• Anik Financial 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 Anik Financial as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Anik Financial Platform or availing any Anik Financial Services. Anik Financial shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Anik Financial liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
• The SMS/e-mail alert/push notification service provided by Anik Financial 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, Anik Financial shall be immediately informed about the same by You and Anik Financial will make best possible efforts to rectify the error as early as possible. You shall not hold Anik Financial 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.
• 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. Anik Financial shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
Use of Anik Financial Platform
You understand that except for information, products or services clearly indicated as being supplied by Anik Financial, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Anik Financial cannot and does not guarantee or warrant that files available for download through the Anik Financial 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 Anik Financial Platform or by availing Anik Financial 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 Anik Financial Services, perform any other similar fraudulent activity or otherwise avail Anik Financial 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;
• can not use the Anik Financial Services if You are under the age of 18 years;
• 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 Anik Financial;
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the Anik Financial Services and the Anik Financial Platform or features that enforce limitations on the use of the Anik Financial Services or the Anik Financial Platform;
• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Anik Financial Services or Anik Financial Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
• use the Anik Financial Services or the Anik Financial Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Anik Financial Services or the Anik Financial Platform in an automated manner;
• modify, adapt, translate or create derivative works based upon the Anik Financial Services and the Anik Financial 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 Anik Financial Services or the Anik Financial 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 Anik Financial Platform without prior written permission;
• interfere or disrupt the Anik Financial Platform or networks connected to the Anik Financial Platform;
• take any action that imposes an unreasonably or disproportionately large load on Anik Financial’s infrastructure/network;
• use any device, software or routine to bypass the Anik Financial Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Anik Financial Services;
• forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Anik Financial Platform or to manipulate Your presence on the Anik Financial Platform;
• sell the Anik Financial Services, information, or software associated with or derived from it;
• use the facilities and capabilities of the Anik Financial 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, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
• provide false, inaccurate or misleading information;
• use the Anik Financial Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Anik Financial Platform, except and only as expressly provided in the T&Cs;
• avail Anik Financial Services with what Anik Financial reasonably believes to be potentially fraudulent funds;
• use the Anik Financial Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Anik Financial, a third party or You;
Termination; Agreement Violations
You agree that Anik Financial, 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 Anik Financial Services/Anik Financial Platform and remove and discard on the Anik Financial Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time.
Anik Financial may also in its sole discretion and at any time discontinue providing access to the Anik Financial Services, or any part thereof, with or without notice.
You agree that any termination of Your access to the Anik Financial Services/Anik Financial Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Anik Financial 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 Anik Financial may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Anik Financial Services/Anik Financial Platform.
Limitation of Liability and Damages
In no event, Anik Financial 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 Anik Financial Services, the Anik Financial Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Anik Financial Services, the Anik Financial Platform (including any and all materials) or any reference sites/app/platform/service, even if Anik Financial or a Anik Financial authorized representative has been advised of the possibility of such damages. In no event, Anik Financial, directors, employees, agents 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 Anik Financial Services, the Anik Financial Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Anik Financial services, the Anik Financial Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Anik Financial, 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 Anik Financial Service or the Anik Financial Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that Anik Financial 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 Anik Financial, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Anik Financial. Anik Financial 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, Anik Financial’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, Anik Financial and its third-party partners disclaim all warranties or guarantees – whether 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 Anik Financial or through the Anik Financial Services or the Anik Financial Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Anik Financial” includes Anik Financial’s officers, directors, employees. You acknowledge that Anik Financial is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the Anik Financial Services on the Anik Financial Platform 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. Anik Financial does not warrant that the Anik Financial Services will be uninterrupted or error-free or that defects in the site will be corrected. The Anik Financial Services and the Anik Financial Platform 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. Anik Financial, and its partners do not warrant that the data, Anik Financial software, functions, or any other information offered on or through the Anik Financial Services/Anik Financial Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. In no event will Anik Financial 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 Anik Financial Platform.
Modification of this Agreement
Anik Financial 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 Anik Financial 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 Anik Financial Platform, availing the Anik Financial 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 Anik Financial Services/Anik Financial Platform. For certain changes, Anik Financial may be required under applicable law to give You advance notice, and Anik Financial will comply with such requirements. Your continued use of the Anik Financial Platform following the posting of changes will mean that You accept and agree to the changes.
Notice
Anik Financial may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Anik Financial Platform or by any other reasonable means.
Waiver
The failure of Anik Financial 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 Anik Financial.
Dispute Resolution
If any dispute, controversy or claim arises under this Agreement or in relation to any Anik Financial Service or the Anik Financial 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, Anik Financial may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafterAct). 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 Delhi and the language of this arbitration shall be English. Either You or Anik Financial may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or Anik Financial (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Anik Financial 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 Anik Financial. 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 Anik Financial must be resolved by a court having jurisdiction in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, 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.
Survival
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.