Terms and Conditions

Terms & Conditions

Privacy Policy
Last Updated on 1st January, 2026

This privacy policy is an electronic record in the form of an electronic contract formed under the information technology act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. This privacy policy does not require any physical, electronic or digital signature. This privacy policy is a legally binding document between you and Freecharge (both terms defined below). The terms of this privacy policy will be effective upon your registration on the website (as defined below) and will govern the relationship between you and Freecharge for your use of the website. This document is published and shall be construed in accordance with the provisions of the information technology (reasonable security practices and procedures and sensitive personal data or information) rules, 2011 under the information technology act, 2000; that require publishing of the privacy policy for collection, use, storage and transfer of personal information including sensitive personal information.

Please read this privacy policy carefully. By registering an account on the website and agreeing to the privacy policy by checking the privacy policy tick box, you indicate that you understand, agree and consent to this privacy policy. If you do not agree with the terms of this privacy policy, please do not accept the privacy policy and/or use this website. You hereby provide your unconditional consent or agreements to Freecharge as provided under the information technology act, 2000 and the rules and regulations made under therein.

By providing Us Your Information or by making use of the services provided by the Website, You hereby consent to the collection, storage, processing, disclosure and/or transfer of any or all of Your Personal Information (as defined below), Sensitive Personal Information (as defined below) and NonPersonal Information (as defined below) by Freecharge, as specified under this Privacy Policy. You further agree that such collection, use, storage, disclosure and/or transfer of Your Information shall not cause any loss or wrongful gain to You or any other person

Freecharge Payment Technologies Private Limited and any other person, directly or indirectly, controlled by, controlling, or under common control with, Freecharge Payment Technologies Private Limited, ("Freecharge") is/are concerned about the privacy of the data and information of users (including merchants and buyers/customers whether registered or non-registered) accessing, offering, selling or purchasing products or services on the websites, mobile sites or mobile applications of a Freecharge ("Website") and otherwise doing business with a Freecharge.

The terms “We” / “Us” / “Our” individually and collectively refer to each entity being part of the definition of Freecharge and the terms “You” / “Your” / “Yourself” refer to the users.

This Privacy Policy is a contract between You and the respective Freecharge whose Website You use or access or You otherwise deal with. This Privacy Policy shall be read together with the respective terms of use or other terms and conditions of the respective Freecharge and its respective Website or nature of business of the Website
1. The Freecharge has provided this Privacy Policy to familiarize You with:
  1. The type of data or information that You share with or provide to any Freecharge, and that any Freecharge collects from You;
  2. The purpose for collection and usage of such data or information from You;
  3. The information security practices and policies of Freecharge; and
  4. The policy of Freecharge on disclosing, sharing or transferring Your data or information with/to third parties.
2. Amendment of Privacy Policy
  This Privacy Policy may be amended / updated from time to time. We will notify You of any amendment of, or update to, the Privacy Policy, as is required under applicable laws.
3. Information collected and storage of Information
  The information or data provided by You to a Freecharge or collected from You by the Freecharge may consist of “Personal Information”, “Sensitive Personal Information” and “Non-Personal Information”.
4. Personal Information
  1. Personal Information is information or data collected that can be used to identify You. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:
    (i) Your name, parent’s name, address, telephone number, e-mail address or other contact information;
    
    (ii) Your date of birth;
    
    (iii) Your gender, marital status;
    
    (iv) Your occupation;
    
    (v) Your internet protocol address;
    
    (vi) identification code of the communication device which You use to access the Website or otherwise deal with any Freecharge;
    
    (vii) any other information provided by You during Your registration process on the Website (other than Sensitive Personal Information);
    
    (viii) information provided by You towards complying with know your customer norms, either as part of Our internal policies and as may be required under applicable laws;
    
    (ix) information relating to query all packages installed on your device. The information collected through this process, including information about the other apps installed on your device, will be used to detect fraudulent activities.
    
    (x) your Short Messaging Service (SMS(es)) that are stored on your device for the purposes of, including but not limited to, registering you and your device for payments services, OTPs for logins and payments, enhancing your security, bill payments and recharge reminders. (xi) details that you have given permission to upload, sync or import (such as phone status & identity, contacts, calendar, camera, microphone or short messaging system) any information set out in this Clause pertaining to third parties that is provided to Us, during Your use of the Website;
  2. Such Personal Information may be collected in various ways including during the course of You:
    (i) registering as a user on the Website;
    
    (ii) availing certain services offered on the Website, communicating with the customer service of any Freecharge by phone, email or otherwise or posting user reviews on the services / items available on the Website;
    
    (iii) otherwise doing business, transacting or attempting to transact on the Website; or
    
    (iv) otherwise dealing with Freecharge.
  3. We may receive Personal Information about You from third parties, such as social media services, commercially available sources and partners. If You access the Website through a social media service or connect a service on the Website to a social media service, the Information We collect may include Your user name associated with that social media service, any information or content the social media service has the right to share with us, such as Your profile picture, email address or friends list, and any information You have made public in connection with that social media service. When You access the Website or otherwise deal with any Freecharge through social media services or when You connect any Website to social media services, You are authorizing Freecharge to collect, store, use and retain such information and content in accordance with this Privacy Policy.
5. Non-Personal Information
  1. Freecharge may also collect information other than Personal Information or Sensitive Personal Information from You through the Website when You visit and / or use the Website. Such information may be stored in server logs. This Non-Personal Information would not assist Freecharge to identify You personally.
  2. This Non-Personal Information may include:
    (i) Your geographic location;
    
    (ii) details of Your telecom service provider or internet service provider;
    
    (iii) the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.);
    
    (iv) information about Your device, including Your hardware model, operating system and version, device name, device applications, unique device identifier, mobile network information, the Website You last visited before visiting the Website and information about the device's interaction with our Services; or
    
    (v) clickstream data relating to Your activity on the Website, including but not limited to the duration of Your stay on the Website, date and time of Your access of the Website.
    
    (vi) List of Installed Applications in your mobile phone for fraud detection and to offer personalised financial products.
  3. Non-Personal Information is collected through various ways such through as the use of cookies. Freecharge may store temporary or permanent ‘cookies’ on Your computer. You can erase or choose to block these cookies from Your computer. You can configure Your computer’s browser to alert You when We attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of the Website;
  4. Advertisements: Freecharge may use Third Party Service Providers to serve advertisements on behalf of Freecharge across the internet and sometimes on the Website. They may collect Non-Personal Information about Your visits to the Website, and Your interaction with Our products and services on the Website.
  Please do note that Personal Information, Sensitive Personal Information and NonPersonal Information may be treated differently as per this Privacy Policy.
6. Representations and Warranties
  You hereby represent to Freecharge that, at all times during Your registration with Us:
  1. the information You provide to Freecharge is and shall be authentic, correct, current and updated, and that You have all the rights, permissions and consents as may be required to provide such information (including Information pertaining to any third parties) to the Freecharge; and
  2. Your providing the information to Freecharge and the consequent storage, collection, usage, transfer, access or processing of the same by Freecharge shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
  The officers, directors, contractors or agents of Freecharge shall not be responsible for the authenticity of the information that You or any other user provide to any of Freecharge.
7. Purpose of collecting, using, storing and processing Your Personal Information/Non-Personal Information/Sensitive Personal Information
  1. Freecharge reserves the right to collect, use, store, process and disclose Your Personal Information/Non-Personal Information/Sensitive Personal Information for any purpose that may be permissible based on the consent obtained from You. Freecharge uses Personal Information/Non-Perosnal Information/Sensitive Personal Information that is collected for lawful purposes associated with the functions and activities of Freecharge, while also respecting your privacy. Such purposes (“Purposes”) include but are not limited to:
    (i) facilitating Your use of the Website or other services of Freecharge;
    
    (ii) responding to Your inquiries or fulfilling Your requests for information about the various products and services offered on the Website;
    
    (iii) providing You with information about products and services available on the Website and sending You information, materials, and offers about products and services of Freecharge;
    
    (iv) sending You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
    
    (v) sending You surveys and marketing communications that Freecharge believe may be of interest to You;
    
    (vi) personalizing Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
    
    (vii) helping You address Your problems incurred on the Website including addressing any technical problems;
    
    (viii) if You purchase any product or avail any service from the Website, completing and fulfilling Your purchase. For example, having Your payments processed, communicating with You regarding Your purchase, and providing You with related customer service;
    
    (ix) properly administering the Website;
    
    (x) conducting internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
    
    (xi) improving the services, content and advertising on the Website;
    
    (xii) facilitating various programmes and initiatives launched by Freecharge by itself or through a collaboration with Third Party Service Providers or Banks;
    
    (xiii) analysing how Our services are used, to measure the effectiveness of advertisements, to facilitate payments;
    
    (xiv) conducting academic research and surveys;
    
    (xv) protecting the integrity of the Website;
    
    (xvi) responding to legal, judicial, quasi-judicial process and providing information on law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
    
    (xvii) conducting analytical studies on various aspects including user behaviour, user preferences etc.;
    
    (xviii) permitting third parties who may need to contact users who have bought products from the Website to facilitate installation, service and any other product related support;
    
    (xix) implementing information security practices;
    
    (xx) determining any security breaches, computer contaminant or computer virus;
    
    (xxi) investigating, preventing, or taking action regarding illegal activities and suspected fraud;
    
    (xxii) undertaking forensics of the concerned computer resource as a part of investigation or internal audit;
    
    (xxiii) facilitating payments/repayments for the use of the Website or other any other Freecharge services ;
    
    (xxiv) tracing computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website or by Freecharge;
    
    (xxv) enabling a potential buyer or investor to evaluate the business of Freecharge; or
    
    (xxvi) sharing, disclosing or transfer of such data in the event of any merger, acquisition, reorganization or sale of assets or business of Freecharge to a third party or in the event of bankruptcy of Freecharge
8. Storage and Processing of Your Personal Information/Non-Personal Personal Information
  1. Your Personal Information/Non-Personal Information/Sensitive Personal Information will primarily be stored in electronic form. However, certain data may also be stored in physical form.
  2. We may store, collect, process and use Your data only within the Republic of India to the extent permissible under applicable laws
  3. We may enter into agreements with third parties (Within India) to store or process Your Personal Information/Non-Personal Information/Sensitive Personal Information. These third parties may have their own security standards to safeguard Your Personal Information/Non-Personal Information/Sensitive Personal Information and We will, on commercially reasonable basis, require such third parties to adopt reasonable security standards to safeguard Your I Personal Information/Non-Personal Information/Sensitive Personal Information, as per the requirements of applicable laws.
  4. Sharing and disclosure of Your Personal Information/Non-Personal Information/Sensitive Personal Information You hereby unconditionally agree and permit that Freecharge may transfer, share, disclose or part with all or any of Your Personal Information/Non-Personal Information/Sensitive Personal Information, within the Republic of India to Freecharge, Third Party Service Providers / Partners / Banks and Financial Institutions for one or more of the Purposes, government agencies upon directions of such agency, or to any other third party as may be required under applicable law. In case of any Personal Information/Sensitive Personal Information so transferred, shared, disclosed or parted with, We will contractually oblige the receiving parties of the information to ensure the same level of data protection adopted by Freecharge is adhered to by the receiving party.
  5. You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when Freecharge transfer Your information to any other entity within India, Freecharge will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.
  6. Freecharge may transfer/disclose/share Non-Personal Information to third parties who support Our business, such as providing technical infrastructure services, analysing how Our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. Such transferees shall adhere to confidentiality obligations consistent with this Privacy Policy.
  7. Notwithstanding the above, We use other third parties such as a credit/debit card processing companies, payment gateways, pre-paid cards etc. to enable You to make payments for buying products or availing services on the Website. When You sign up for these services, You may have the ability to save Your card details for future reference and faster future payments. In such case, We may share or disclose Your relevant Personal Information/ as necessary for the third parties to provide such services, including Your name, residence and email address. The processing of payments or authorization is solely in accordance with these third parties’ policies, terms and conditions and We are not in any manner responsible or liable to You or any third party for any delay or failure at their end in processing the payments.
  8. Freecharge may also share Personal Information/Sensitive Personal Information with such third parties to whom Freecharge believes it is necessary to do so in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or Our policies.
  9. We reserve the right to disclose Your Personal Information/Non-Personal Information/Sensitive Personal Information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise Our legal rights or defend against legal claims.
  10. You further agree that such disclosure, sharing and transfer of Your Personal Information/Non-Personal Information/Sensitive Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to Us or to any third party.
9. Links to third party websites
  1. Links to third-party advertisements, third-party websites or any third party electronic communication service may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, Freecharge unless expressly specified on the Website.
  2. Freecharge are not responsible for any form of transmission, whatsoever, received by You from any third party website. Accordingly, Freecharge does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party websites, nor does Freecharge control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such third party websites. The inclusion or exclusion does not imply any endorsement by Freecharge of the third party websites, the website's provider, or the information on the third party website. The information provided by You to such third party websites shall be governed in accordance with the privacy policies of such third party websites, and it is recommended that You review the privacy policy of such third party websites prior to using such websites.
10. Security & Retention
  1. The security of Your Personal Information/Sensitive Personal Information is important to us. Freecharge strive to ensure the security of Your Personal Information/Sensitive Personal Information and to protect Your Personal Information/Sensitive Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Freecharge adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Freecharge stores Your Personal Information/Sensitive Personal Information. Freecharge shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Personal Information/Sensitive Personal Information. Provided that, Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000, and You hereby waive and release all Freecharge from any claim of damages under contract or under tort, to the extent permissible under applicable laws.
  2. If You choose a payment gateway to complete any transaction on the Website, then Your credit card/debit card data may be stored in compliance with industry standards/ recommended data security standards for security of financial information such as the Payment Card Industry Data Security Standard.
  3. Freecharge may share Your Personal Information/Non-Personal Information with third parties under a confidentiality agreement which inter alia provides that such third parties shall not disclose the Personal Information/Non-Personal Information further unless such disclosure is for the Purpose. However, Freecharge is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information/Non-Personal Information. Freecharge is not liable for any loss or injury caused to You as a result of You providing Your Personal Information/Non-Personal Information to any third party (including any third party websites, even if links to such third party websites are provided on the Website).
  4. Notwithstanding anything contained in this Policy or elsewhere, to the extent permissible under applicable laws, Freecharge shall not be held responsible for any loss, damage or misuse of Your Personal Information/Non-Personal Information/Sensitive Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
  5. A Force Majeure Event shall mean any event that is beyond the reasonable control of Freecharge and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable control of Freecharge), power or electricity failure or unavailability of adequate power or electricity.
  6. While We will endeavour to take all reasonable and appropriate steps to keep secure any Personal Information/Non-Personal Information/Sensitive Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information/Non-Personal Information/Sensitive Personal Information.
  7. You agree that all Sensitive Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Personal Information/Non-Personal Information will be retained indefinitely.
11. Deletion of freecharge account
  1. On receipt of account deletion request, FREECHARGE will delete your data and immediately stop collecting, storing, and using your personal information and other data, except as otherwise required by applicable laws and regulations or industry standards. For example, FREECHARGE will retain your transaction related details and corresponding data for compliance purposes as per RBI, PMLA and PPI Act & Guidelines respectively, for up-to Ten (10) years.
  2. Legal Consequences of Account Deletion
    Once the account is deleted, all related contractual relationships between you and FREECHARGE are terminated. The consequences of account deletion include but are not limited to the following:
    1. You will not be able to use/access this account to log in (signing in) to the FREECHARGE website, app, with your previous login credentials.
    2. You will not be able to perform any operations that require the account access.
    3. You will not be able to retrieve the personal information, transaction records, business data, and historical information under the account.
    4. You will not be able to use FREECHARGE services.
    5. If you wish to create an account with the same mobile number and/or email id, through which you had raised your account deletion request. In such case, Freecharge shall consider and register you on its platform as new customer.
  3. Not with standing contrary to the above, the deletion of your account does not mean that all your account operations and responsibilities before your account deletion are exempted or mitigated.
  4. Customer can raise the Deletion request at care@Freecharge.com and the same shall be completed within a period of 90 days from the Date on which the request is received.
12. Indemnity
  You shall indemnify and hold harmless Freecharge, its officers, directors, contractors or agents and any third parties relying on the Information provided by You for any losses, including all claims, damages, liabilities, deficiencies, assessments, interest, awards, settlements, penalties, fines, costs or expenses, suffered, incurred, sustained by, or imposed on Freecharge, as a result of, arising out of, with respect to, in connection with or by reason of a breach or non-performance of any of the terms, conditions, representations, warranties or covenants contained in this Privacy Policy by You.
13. User discretion and opt out
  1. You agree and acknowledge that You are providing Your Personal Information/Non Personal Information/Sensitive Personal Information out of Your own free will. You have an option not to provide or permit Freecharge to collect Your Personal Information/Non Personal Information/Sensitive Personal Information or later on withdraw Your consent with respect to such Personal Information/Non-Personal Information/Sensitive Personal Information so provided herein, in writing, by sending an email to the grievance officer, details of whom are set out in clause 14 of this Privacy Policy, or to such other electronic address of the respective Freecharge as may be notified to You. In such case, You should neither visit the Website nor use any services provided by Freecharge nor shall contact Freecharge. Further, Freecharge may not deliver products to You, upon Your order, or Freecharge may deny You access from using certain services offered on the Website. Freecharge also reserves the right to store and not delete the data that is required for its operations to provide You with continuous usage of its services.
  2. You can review, add or update Your Personal Information/Senstive Personal Information on a regular basis. Any Personal Information/Sensitive Personal Information found to be inaccurate or deficient, can be amended or corrected by You, as feasible. However, We will not be responsible for the authenticity of the Personal Information/Sensitive Personal Information provided by You to Us or to any other entity acting on behalf of Us. Kindly note that Freecharge shall retain Your previous Personal Information/Sensitive Personal Information in its records, as required under applicable law.
14. Grievance Officer
  1. If You find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information/Sensitive Personal Information under this Privacy Policy or any terms of the terms of use of Freecharge, and other terms and conditions or policies of any Freecharge, please contact the following personnel:
    Mr. Megha Khatri, the designated grievance officer
    Phone: 01246634800
    E-mail: grievanceofficer@freecharge.com
    Working Days: Monday to Friday
    Working Hours: 9:30 am to 6:30 pm
  2. We will strive to address Your feedback and concerns in a timely and effective manner. The details of the grievance officer may be changed by Us from time to time by updating this Privacy Policy.
15. Business / Assets Sale or Transfers
  
  By accepting this Privacy Policy, you hereby agree that, in the event of a merger, acquisition, reorganization or sale of assets or business of Freecharge to a third party or in the event of bankruptcy of Freecharge, Freecharge may transfer or otherwise share some or all of its assets, including Your Personal Information/Non-Personal Information/Sensitive Personal Information to such third party. Should such a sale or transfer occur, Freecharge will reasonably ensure that the Personal Information/Non-Personal Information/Sensitive Personal Information You have provided and which We have collected is stored and used by the transferee in a manner that is consistent with this Privacy Policy and with applicable laws. Any third party to which Freecharge transfer or sell as aforesaid will have the right to continue to use the Personal Information/Non Personal Information/Sensitive Personal Information that You provide to Us or collected by Us immediately prior to such transfer or sale for the Purposes.
16. Further Acknowledgements
  You hereby acknowledge and agree that this Privacy Policy:
  1. is clear and easily accessible and provide statements of policies and practices Freecharge with respect to Personal Information/Non-Personal Information/Sensitive Personal Information ;
  2. provides for the various types of Personal Information/Non-Personal Information/Sensitive Personal Information to be collected;
  3. provides for the purposes of collection and usage of the Personal Information/Non Personal Information/Sensitive Personal Information;
  4. provides for disclosure of Personal Information/Non-Personal Information/Sensitive Personal Information; and
  5. provides for reasonable security practices and procedures as per the applicable laws, rules and regulations for the time being in force.
17. Definitions
  1. “Third Party Service Providers” or “Partners” shall mean any third party entity with which any of Freecharge has a contractual arrangement for providing any kind of services to the respective Freecharge; and
  2. “Banks” shall mean various banks, financial institutions, payment system providers who are licensed by the Reserve Bank of India and with whom any of the Freecharge has entered into an agreement
Terms of Use of Freecharge
Last Updated on 12th January, 2026

These Terms of Use, read with the Privacy Policy, are an electronic record under the Information Technology Act, 2000, and the rules made thereunder and the amended provisions pertaining to electronic records under various statutes as amended by the Information Technology Act, 2000 and is enforceable against You (as defined hereinafter) under law by way of Your acceptance hereof. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of domain name www.freecharge.com (“Website”), including the related mobile site, domains, and mobile application (hereinafter collectively referred to as “Platform”).

Your use of the Platform and services provided through the Platform (“Services”) are governed by the following terms and conditions ("Terms of Use") including any terms and policies which are incorporated herein by way of reference along with any amendments / modifications made by Freecharge at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of the Services. These Terms of Use are a binding legal agreement between You and Freecharge (both terms defined below) and come into effect when You register for a Freecharge Account or upon Your usage of the Platform and/or any Services.

For the purpose of these Terms of Use, wherever the context so requires "You" (with the term “Your” or “Yourself” being construed accordingly) or "User" shall mean any natural or legal person who registers for creation of an account with Freecharge (“Freecharge Account” or “Account”) or surfs the Platform or makes any transactions without registering on the Platform. Unless explicitly mentioned hereunder, the term “Freecharge”, "We", "Us", "Our" shall mean Freecharge Payment Technologies Private Limited, a company registered under the Companies Act, 2013, having its registered address at 10^th Floor, Tower C, DLF Cyber Greens, DLF Cyber City, DLF Phase 3, Gurugram, Haryana 122022, and principal office at 10^th Floor, DLF Cyber Greens, Tower C, DLF Cyber City, DLF Phase 2, Gurugram- 122002.

Our Services are very diverse and additional terms or product requirements shall apply to certain Services. These Terms of Use are in addition to and not in derogation with terms and conditions of any other Service provided by Freecharge either individually or by affiliates of Freecharge (“Affiliates”) or by third parties. Thus, when You use any of the Services provided by Us through the Platform, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Services, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part of these Terms of Use. If there is a conflict between these Terms of Use and the additional terms, the additional terms will supersede these Terms of Use.

Please read these Terms of Use carefully before You use the Platform and/or any Services. We reserve the right, at Our sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
1. Eligibility: The Platform and/or the Services should only be used or accessed by persons who are competent to enter into a legally binding contract under the Indian Contract, 1872. If You are a minor (i.e. You are under the age of 18 years), You may use the Platform or Services only with the involvement of Your parent or guardian. Additionally, by agreeing to these Terms of Use, You represent that You are an Indian resident and have a valid and subsisting right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions contained herein. You also undertake that You are not impersonating any person or entity, or falsely stating or otherwise misrepresenting identity, age or affiliation with any person or entity. Freecharge reserve the right to terminate Your account and / or refuse to provide You with access to the Platform if it is brought to Our notice or if it is discovered that You do not qualify the eligibility criteria provided herein.
2. Registration and Your Freecharge Account:
  1. You agree and understand that You are responsible for maintaining the confidentiality of the Account information i.e., Your password which, together with Your e-mail address (“User ID”), allows You to access the Platform. This User ID and password, together with any mobile number or other information You provide form Your "Registration Information." You agree to:
    i. provide only current, accurate and complete information about Yourself in the course of registering to use the Services and
    
    ii. maintain and promptly update the Registration Information, as necessary, to keep it true, accurate, current, and complete at all times. If You provide any information that is untrue, inaccurate, not current, or incomplete, or there are grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate Your Account and refuse any and all current or future use of the Services (or any portion thereof) and You will not have any cause of action against Us for such suspension or termination of Your Account. You agree that Freecharge shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under Your Freecharge Account in cases, including, where You have failed to update Your Registration Information including Your revised mobile phone number and/or e-mail address on the Platform.
  2. If You share or allow others to have access to Your Freecharge Account, by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom. You may be held liable for losses incurred by Freecharge or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Freecharge Account as a result of Your failure in keeping Your Account information secure and confidential or otherwise.
  3. All information and instructions received from Your Freecharge Account will be deemed to have been authorized by You and the recipients of this information shall rely on its authenticity based on the use of Your password. You will be responsible for all actions taken by anyone accessing the services using Your username and password/one time password (OTP).
  4. In the event of any dispute between two or more parties as to ownership of a particular Freecharge Account, You agree that Freecharge will be the arbitrator of such dispute. Freecharge’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
3. Verification of Information: You understand that when You access or use the Platform or Services, We may share some or all of the information You provide with the third parties and other statutory, regulatory, and governmental authorities. By accepting these Terms of Use, You authorize Freecharge to request for supplemental documentation at any time (before or after Your Freecharge Account has been activated), in order to verify Your identity, and the accuracy of the information provided. If We cannot verify that the Registration Information is accurate and complete, We may deny Your use of the Platform and Services, or close Your Freecharge Account at any time.
4. Ownership: You acknowledge and agree that the Platform, the Services, including without limitation any content available on the Platform and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and will remain, the property of Freecharge and its licensors, as applicable. All content related to Freecharge’s corporate and business activities, whether embedded in the Platform or otherwise, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Freecharge or its licensors and is protected by applicable laws. The compilation (meaning the collection, arrangement, and assembly) of any and all content on the Platform and Services is also the exclusive property of the Freecharge and is protected by applicable laws.
  All software used on the Platform and the Services is the property of Freecharge or its licensors / software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms of Use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Platform or the Services is strictly prohibited. All graphics, logos and service names are trademarks of Freecharge or its affiliates. Our trademarks should not be used in connection with any product or service without obtaining authorization from Freecharge, in any manner that is likely to cause confusion among Our customers, or in any manner that disparages or discredits Freecharge. The logos and trademarks of third parties on the Platform belong to respective third parties / brands.
5. License and Restrictions:
  1. Subject to these Terms of Use, Freecharge grants You a limited, personal, non-assignable, non-transferable, nonexclusive, revocable, and non-sublicensable license to use and/or access the Platform and Services for such legitimate purposes that the Platform and Services intend to serve. You will be entitled to download and use any updates that We may make to the Platform and Services, subject to any additional terms, Weas and when these updates available. The license granted herein is revocable at any time and will continue until such time, when You cease to use or access the Platform and/or Services or Your use or access to the Platform and/or Services is terminated by Us.
  2. You may not, nor may You permit any third party, directly or indirectly, to:
    i. access or monitor any material or information on the Platform or Services or any associated system using any manual process or robot, spider, scraper, or other automated means;
    
    ii. work around, bypass, or circumvent any of the technical limitations of the Platform or Services, use any tool to enable features or functionalities that are otherwise disabled in the Platform or Services, or decompile, disassemble, or otherwise reverse engineer the Platform or Services or otherwise exploit them for any commercial purpose;
    
    iii. perform or attempt to perform any actions that would interfere with the proper working of the Platform or Services, prevent access to or use of the Services by Our other customers, or impose an unreasonable or disproportionately large load on Our infrastructure;
    
    iv. copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, or distribute in any way material, information, or Services;
    
    v. post or transmit any file which contains viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the services;
    
    vi. use and benefit from the Platform and Services via a rental, lease, timesharing, or other arrangement;
    
    vii. downloading (other than page caching) of any portion of the services or any information contained therein, except as expressly permitted by Us
    
    viii. transfer any rights granted to You under these Terms of Use;
    
    ix. use the Platform and Services for the sale of firearms, firearm parts, ammunition, weapons, or other devices designed to cause physical harm;
    
    x. use the Platform and Services for any illegal activity or goods or in any way that exposes You, other users, Our partners, or Freecharge to harm; or
    
    xi. otherwise use the Platform or Services except as expressly allowed under these Terms of Use.
    
    If We reasonably suspect that Your Freecharge Account has been used for an unauthorized, illegal, or criminal purpose, We may terminate or suspend Your Freecharge Account. Additionally, You give Us express authorization to share information about You, Your Freecharge Account, and any of Your transactions with law enforcement bodies and officials.
  3. Compatible Mobile Devices and Third-Party Carriers: We do not warrant that the Platform and/or Services will be compatible with Your mobile device or carrier. Your use of the Platform and/or Services may be subject to the terms of Your agreements with Your mobile device manufacturer or Your telecom carrier. You may not use a modified device to use the Services if the modification is contrary to the device manufacturer's software or hardware guidelines, including disabling hardware or software controls-sometimes referred to as ‘jail broken’.
6. Privacy Policy: Please read Our Privacy Policy to understand Our practices which governs Your use of the Platform and Services. Any information (including Your personal information and/or sensitive personal data or information) provided by You on the Platform will be collected, stored, processed, transferred, or shared by Us in accordance with Our Privacy Policy. These Terms of Use are deemed to incorporate the Privacy Policy posted on this Website and accessible/embedded in the mobile application.
7. Your Content: The Services may include functionality for uploading or providing suggestions, recommendations, feedback, photos, documents, and other materials or information ("Content"). You will not host, display, upload, modify, publish, transmit, update or share any Content through the Platform or Services that: (a) belongs to another person and to which the user does not have any right to, (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (j) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (k) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (l) breaches or infringes any rights of any person or entity, including rights of privacy or intellectual property; (m) contains corrupted data or any other harmful, disruptive, or destructive files; (n) in Our sole judgment, is objectionable, or which may expose Freecharge and its Affiliates or its customers to harm or liability of any nature.
8. Single-Sign-On Services: Freecharge offers a Single-Sign-On Service (“SSO Service”) which permit Users to use the login credentials of his/her Freecharge Account to access all web pages and online platforms operated by Freecharge (hereinafter the “Participating Platforms”) with single log-in access / data, without going through a separate registration process every time. 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 and Services offered thereto, for which the SSO Service can be used in accordance with these Terms of Use, these Participating Platforms and Services may alternatively have their own terms and conditions which shall be available on the respective Participating Platforms. In order to be able to use the SSO Service, You must have a Freecharge Account. You are permitted to set up only one Freecharge Account.
9. In-App Services: Freecharge facilitates purchase of and/or payments with respect to certain Services offered by third parties who have partnered with Freecharge to enable payments with respect to their services to be made through the Platform such as utility payments with respect to prepaid recharges for mobile, postpaid mobile bills, DTH bills, electricity, gas , insurance premiums etc. and payments with respect to third digital products such as electronic gift cards, bus tickets etc. In addition, We provide value added services such as bill presentment, bill reminders, and transaction history for transparency of transactions, etc. (“In-App Services”). By choosing to use In-App Services, You understand that Freecharge nor its Affiliates assumes no liability for the actual deliver of the products and/or services with respect to which payments are being made using the In-App Services. All obligations with respect to the delivery of products and/or services will be solely that of the third party service provider and not of Freecharge. Further, all payments made using In-App Services shall be final. Such transactions cannot be refunded, returned, or cancelled once initiated.
10. Our Fee:You understand that You may be charged a fee with respect to Your use of the Platform or Services. Further, We may also charge a fee with respect to certain optional valued added services that You elect to use. The amount of the fee will be displayed to You on the payment page. You agree to pay all such fees and charges as may be applicable to the Services You use and authorize Us to add the fee to the amount of the bill payment You request or bill You separately for such fees. You agree and accept that We reserve the right to change the fee structure from time to time.
11. Deals:
  1. Users who register for a Freecharge Account are eligible to avail offers provided by various third parties (“Deal Partner”) listed in the “Deals” tab or displayed upon completion of transactions on the Platform (“Deal(s)”). Unless otherwise permitted by Freecharge and subject to conditions laid down by the Deal Partner, You are entitled to avail each Deal a maximum of 5 times. Each time You avail a Deal, a nominal fee of Re. 1 will be payable by You to Freecharge towards handling and convenience charges.
  2. These Deals are only offered as incentive to and for convenience of Users. Freecharge is not selling/rendering any products/services being offered by the Deal Partner nor does Freecharge act as express or implied agent of the Deal Partner vis-a-vis the customers. Descriptions of the Deals and Deal Partner’s products and/or services are provided by the Deal Partner. Freecharge is neither guaranteeing nor making any representation with respect to the Deals being offered by the Deal Partner and is not responsible for sale/quality/features of the products/services under the offer through these Deals.
  3. Deals offered on the Platform may also be available at other online platforms. The customer's discretion is advised in this regard. The use of the Deal would be subject to the terms & conditions of usage as stipulated by the Deal Partner. Any action taken or obligation created voluntary by the person(s) accessing/using such Deal(s) shall be directly between such person and the Deal Partner and Freecharge shall not be responsible directly or indirectly for such action so taken. Fulfillment of redemption requests against Deals featured on the Freecharge Platform are subject to availability of the products and warranties/restrictions placed by the Deal Partner at the time of the redemption. In case a Deal Partner fails to honor a Deal, the liability of Freecharge shall be limited to refunding the handling and convenience charges paid by You to Freecharge with respect to such Deal.
  4. Reproduction, sale, or trade of Deal(s) is strictly prohibited. Freecharge reserves the right to disqualify any Freecharge Account from the benefits of the Deal program in case of any illegal, suspicious, fraudulent, or potentially fraudulent transaction/activity or misuse of the Program or part thereof.
  5. Freecharge reserves the right to modify wholly or in part this program by any other program or terminate the program at any time without any prior notice to the You. Freecharge also reserves the right to offer/ withdraw any special items for a special set of User selected at its discretion, as well as the right to accept/ decline a User's request at its discretion.
  6. If You avail any offers, discounts, cashbacks, coupons, etc. (“Offers”) provided by Us or Our partners, You are agreeing to comply with and accept the terms and conditions provided in respect of such Offers. Further, You understand that all terms and conditions provided with respect to any Offer shall form part of and shall be read in conjunction with these Terms of Use.
12. Payments: All payments made through the Platform and/or with respect to Services availed shall be compulsorily in Indian Rupees. You understand and acknowledge that when You use any of the payment method/s available on the Platform for availing the Services, Freecharge Entities shall not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
  1. Lack of authorization for any transaction(s), or
  2. Exceeding the preset limit mutually agreed by You and between bank/s and/or other institutions used by You in making payment, or
  3. Any payment issues arising out of the transaction, or
  4. Rejection of transaction for any other reason(s) whatsoever.
13. Refunds:In case any amount is transferred, or payment is made by You to any third party through the Platform or Services, Freecharge shall not be liable to refund such amount to You under any circumstances. If You erroneously send a payment to the wrong party or send a payment for the wrong amount (for instance a typographical error at Your end), Your only recourse will be to contact the party to whom You have sent the payment and ask them to refund the amount. Freecharge will not reimburse You or reverse a payment that You have erroneously made.
14. Communication: FREECHARGE, OUR AGENTS, REPRESENTATIVES, AFFILIATES MAY COMMUNICATE WITH YOU THROUGH E-MAIL, SMS, TELEPHONE, CALLS USING PRERECORDED MESSAGES OR ARTIFICIAL VOICE, CALLS AND MESSAGES DELIVERED USING AUTO TELEPHONE DIALLING SYSTEM OR AN AUTOMATIC TEXTING SYSTEM, BY POSTING NOTIFICATIONS ON THE PLATFORM (INCLUDING PUSH NOTIFICATIONS) OR ANY OTHER MEANS OF COMMUNICATION. BY USING THE PLATFORM, YOU CONSENT TO RECEIVE SUCH COMMUNICATIONS FROM FREECHARGE IN RELATION TO THE PLATFORM AND/OR SERVICES, YOUR FREECHARGE ACCOUNT INFORMATION, OR ANY UPDATES/ CHANGES TO THE PLATFORM/ SERVICES AND/ OR OTHER PROMOTIONAL OR MARKETING COMMUNICATIONS FROM FREECHARGE AND ITS AFFILIATES.
15. Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PLATFORM OR SERVICES IS AT YOUR SOLE RISK AND DISCRETION. THE PLATFORM IS LICENSED TO YOU "ASIS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. FREECHARGE AND/ OR ITS AFFILIATES GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE PLATFORM OR SERVICES. FREECHARGE AND/ OR ITS AFFILIATES EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
  FREECHARGE MAKES NO WARRANTY AGAINST AND WILL NOT BE LIABLE OR RESPONSIBLE FOR: (A) INTERFERENCE OF YOUR ENJOYMENT OF THE PLATFORM OR SERVICES; (B) LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE PLATFORM AND/ OR SERVICES; (C) USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM AND/ OR SERVICES; (D) FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE PLATFORM AND/ OR ANY SERVICE AT ANY TIME; (E) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM OR SERVICES; (F) FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE DELIVERY OF THE PLATFORM AND/ OR SERVICES; (G) SECURITY, RELIABILITY OR TIMELINESS OF THE PLATFORM AND/ OR SERVICES. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE PLATFORM AND/ OR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE PLATFORM AND/ OR SERVICES. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREECHARGE OR ANY PARTY OR THROUGH THE PLATFORM AND/ OR SERVICES WILL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.
  
  WHILST FREECHARGE WILL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, FREECHARGE WILL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/ OR STORAGE OF INFORMATION TO OR THROUGH FREECHARGE THAT MIGHT OCCUR FROM TIME TO TIME INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY FREECHARGE OR YOU OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.YOU WILL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE PLATFORM AND/OR SERVICES.
  
  THE PLATFORM AND SERVICES ARE CONTROLLED AND OPERATED FROM AND IN INDIA. WE MAKE NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE INDIAN LAWS, RULES, REGULATIONS, GUIDELINES INCLUDING BUT NOT LIMITED TO EXPORT AND IMPORT REGULATIONS AND RBI REGULATIONS. YOU SHOULD NOT USE THE SERVICE IF YOU ARE A RESIDENT OF A COUNTRY EMBARGOED BY INDIA, OR ARE A FOREIGN PERSON OR ENTITY BLOCKED OR DENIED BY THE INDIAN GOVERNMENT. UNLESS OTHERWISE EXPLICITLY STATED, ALL MATERIALS FOUND ON THE SERVICES ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES, OR OTHER ENTITIES LOCATED IN INDIA.
16. Termination
  1. Our Right: We reserve the right, without notice and in Our sole discretion, to terminate Your access to, and use of, of the Platform and Services and to block or prevent Your future access to, and use of, the Platform and/or the Services. Upon termination, You must uninstall any copies of the Services from Your computer and/or mobile or other devices. We will not be liable to You for the termination of the services or for any consequence arising out of termination of the services.
  2. Your Right: You may terminate these Terms of Use by closing Your Freecharge Account at any time. Upon closure of a Freecharge Account, any pending transactions will be cancelled.
  3. Termination for Force Majeure: We will have the option to suspend or terminate these Terms of Use and the discontinue any Services with immediate effect on the occurrence of a force majeure event.
17. Effect of Termination:We will not be liable to You for compensation, reimbursement, or damages in connection with Your use of the Platform or Services, or any termination or suspension of the Services. The termination of these Terms of Use does not relieve You of obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by You to Us, and/or Our partners and service providers under these Terms of Use or terms with respect to any Services offered through the Platform.
18. Indemnification: You agree to indemnify, defend and hold harmless Freecharge, its Affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) Your access to or use of the Platform and Services; (ii) any breach of these Terms of Use or rules and/policies of any payment system providers; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) fraud, negligence or misconduct by You individually or in connivance with any third party; (vi) Your wrongful or improper use of the Platform and/or the Services. These obligations will survive termination of these Terms of Use.
19. Limitation of Liability:
  1. To the maximum extent permitted by applicable laws, under no circumstance will Freecharge or its Affiliates, their respective directors, employees or agents be liable to You or any third party for personal injury, or any special, incidental, indirect, punitive, exemplary or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup Your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of or inability to use the Platform and/or Services, including without limitation any damages caused by or resulting from reliance by You on any information obtained from Us or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Our records, programs or services; or following a failure, suspension or withdrawal of all or part of the Platform at any time, any third party content, software or functions used in connection with the Platform even if Freecharge or any or all of its agents have been advised of the possibility of such damages. In no event shall Our aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use or inability to use the services exceed any fee, You pay to Us, if any, to access or use the Services giving rise to the cause of action or Rupees One Thousand only (Rs. 1000/-), whichever is lesser.
  2. In addition, We shall not be liable for errors You make in using the Platform and Services, including the following:
    i. You erroneously direct Us to submit a payment instruction multiple time;
    
    ii. You direct Us to process payment for the wrong amount;
    
    iii. You direct Us to submit a payment instruction for a wrong party; or
    
    iv. You provide Us with incorrect or incomplete information.
    
    Any of the above issue(s) needs to be taken up directly with the payee.
  3. You understand and acknowledge that We do not have control of, or liability for, the goods or services that are paid for via Service(s)
  4. Your liability: Except as otherwise provided by law, You will be liable for any loss or damage resulting from Your breach of these Terms of Use or Your negligence, or which resulted from unauthorized, fraudulent, or dishonest acts by others (other than Us). You are liable for all payments that You make, or which are made or requested under Your Freecharge Account, even if that payment is unauthorized.
  5. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply. You agree that, if You are dissatisfied with the Services or any portion thereof, Your exclusive remedy shall be to stop using the Services.
20. Governing Law, Jurisdiction and Dispute Resolution: These Terms of Use will be governed by and construed in accordance with the laws of India. You agree that any legal action or proceedings arising out of these Terms of Use may be brought exclusively in the competent courts/tribunals having jurisdiction in New Delhi in India and irrevocably submit themselves to the jurisdiction of such courts / tribunals. If any dispute, controversy, or claim arises under these Terms of Use or in relation to any Service or the Platform, including any question regarding the existence, validity, or termination of these Terms of Use (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, Freecharge 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 Delhi and the language of this arbitration shall be English. Either You or Freecharge 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 Paytm (or any of Our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Freecharge 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 Freecharge. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of these Terms of Use.
21. No Obligation for Maintenance: Freecharge has no obligation to monitor the functioning of the Platform. However, You acknowledge and agree that Freecharge has the right to monitor the functioning of the Platform electronically or otherwise from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Platform properly or to protect itself or its service providers, alliance partners, visitors, Users. Freecharge reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the Terms of Use.
22. No Agency: These Terms of Use and Your use of or access to the Platform are not intended to create an agency, partnership, joint-venture or employer-employee relationship between You and the Platform, Freecharge, any partner, except where otherwise specifically agreed or appointed.
23. Third Party Services and Links to Other Web Sites: We may display third party content or advertisements through the services and may provide links that will take You to web pages and content of third parties that are not under Our control (collectively, "Third Party Content"). We make no representation, warranty, promise or guarantee whatsoever concerning any aspect of any Third Party Content, including without limitation regarding its accuracy or completeness. You agree that Your use of all Third Party Content is entirely at Your own risk. We provide Third Party Content solely as a convenience to You, and the provision of such a link is not an endorsement by Us of any aspect of the Third Party Content. You acknowledge and agree that We are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review any Third Party Content. Please remember that when You use a link to go from Our Platform to another website, Our Privacy Policy is no longer in effect. If You browse and interact on any other website, including those that have a link on Our Platform, this will be subject to that website's own rules and policies.
24. Assignment: These Terms of Use, and any rights and licenses granted hereunder, may not be transferred, or assigned by You. We may assign, in whole or in part, the benefits or obligations of these Terms of Use. We will provide an intimation of such assignment to You, which will be binding on the parties to these Terms of Use.
25. Force Majeure:We will not be liable for failure to perform under these Terms of Use as a result of any event of force majeure including but not limited to acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or state, central governments, change in laws, rules, and regulations, affecting Our and/or the payment system providers performance.
26. Waiver: Unless otherwise expressly stated in these Terms of Use, the failure to exercise or delay in exercising a right or remedy under these Terms of Use will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under these Terms of Use will prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
27. Survival of Provisions:These Terms of Use by their nature and content are intended to survive the performance hereof by any or all parties hereto and will so survive the completion and termination of this Terms and Conditions.
28. Severability: If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.
29. Waiver:If You breach these Terms of Use and Freecharge takes no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms.
30. Non-Exclusivity: It is agreed and clarified that these Terms of Use are being executed on a non-exclusive basis and the Parties are at liberty to enter into similar terms and agreements with others.
31. Grievance Officer: In the event You have any queries/complaints regarding usage of Platform and/or Services, please contact grievanceofficer@freecharge.com. The complaints will be redressed in the manner provided under the Information Technology Act, 2000 and rules framed thereunder and Our Grievance Redressal Policy.
32. Notices: All notices, requests, demands, waivers, and other communications required or permitted to be given under these Terms and Conditions will be in writing and to be sent to the following addresses:
  For Freecharge:
  
  Postal Address: 10th^th Floor, Tower C, DLF Cyber Greens,
  DLF Cyber City, DLF Phase-3,
  Gurugram, Haryana - 122002
  
  Email: care@freecharge.in
  
  For You:
  
  To the name and email address provided at the time of registration.
  
  Or, in each case, at such other address as may be specified in writing to the other parties in accordance with the requirements of this clause. All such notices, requests, demands, waivers, and other communications will be deemed duly given
  1. if by personal delivery, on the day after such delivery,
  2. if by certified or registered mail, on the second day after the mailing thereof,
  3. if by courier service or similar service, on the day delivered, or
  4. if emailed, on the day following the day on which such email was sent, provided that a copy is also sent by registered mail
33. User Guidelines:
  1. In consideration for granting you the rights hereunder, you hereby agree not to use the Platform for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these Terms of Use and our Privacy Policy. You shall not use the Platform in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any of Our server, or interfere with any other party's use and enjoyment of the Platform. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks connected to any Freecharge server, in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Platform.
  2. The Platform is made available to you for your own personal and non-commercial use alone. You shall not allow third parties to: (i) make and/or distribute copies of the Platform or any deliverable generated by the Platform; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Platform; and/or (iii) create derivative works of the Platform.
  3. You accept that any and all operations emanating from your device shall be assumed to have been initiated by you.
  4. You shall not copy, reproduce, distribute, or create derivative works of our content that is available on the Platform. Also, you shall not reverse engineer or reverse compile our technology that is available on the Platform, including, without limitation, such Java applet, as may be associated with the Platform from time to time.
  5. You shall request Freecharge, to block the Account and change the passcode immediately for the Account, if your device has been lost or stolen.
  6. You are responsible for any and all activities that occur in your Account. You agree to notify Freecharge immediately of any unauthorized use of the Account or any other breach of security. Freecharge shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform Freecharge within a reasonable time, about loss or theft of your device and/or any unauthorized access in your Account, either with or without your knowledge.
  7. You shall be liable for losses incurred by Freecharge or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and Freecharge.
  8. Freecharge shall make all reasonable efforts to ensure that your information is kept confidential. However, Freecharge shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the device due to theft, negligence, or failure on your part to practice safe computing.
  9. You shall ensure that while using the functions and features, all prevailing and applicable laws, rules, and regulations, shall at all times, be strictly complied with by You and Freecharge shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
  10. You understand and acknowledge that upon using the Product, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Platform, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESSES AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
34. Warranties:
  1. The Platform and the functions and features therein are provided on an "as is" and on an "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. We shall make reasonable efforts to make available the Services and the Services at all times. However, we make no warranty that the Platform and the Services shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
  3. We shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond our control including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
  4. Any material downloaded or otherwise obtained through the Platform is done at your own discretion and risk and you are solely responsible for any damage to your device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the service will create any warranty not expressly stated in these Terms of Use.

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