These “Terms and Conditions for BharatPe Captain App” (“Terms”) govern the access or use of mobile and web application viz. “BharatPe Captain App” (hereinafter referred to as “App”) made available by Resilient Innovations Private Limited (“RIPL”) having its registered office at 45, 1st and 2nd Floor, Corner Market, Malviya Nagar, New Delhi.

PLEASE READ THESE TERMS CARFEFULLY BEFORE ACCESSING OR USING THE APP

1. General

  1. RIPL is a company engaged in the business of payment facilitation, of providing digital payment solutions through its universal QR code and POS machines to its users and/merchants. RIPL offers a wide variety of products such as QR code, swipe to its users and/or merchants (“Product”).
  2. In order to make its Product available to the end user/merchants, RIPL wishes to engage you (also referred as “BharatPe Captain”), an Individual, through the App, on independent contractor basis for performing and completion of the Tasks (“Services”) on the Terms contained herein. Your access and use of the App and providing Services constitute your voluntarily and explicit consent to be Terms contained herein, which establishes a contractual relationship between you and RIPL. If you do not agree to these Terms, you shall cease to access and/or use the App and/or provide any Services to RIPL through the App. The Terms contained herein supersede any prior agreement with you. Each time you access/use the App and/or provide Services to RIPL, you signify your acceptance of the Terms contained herein
  3. For the purpose of the Terms, you shall mean any natural person who is accessing or using the App and providing Services to RIPL. The term “your” shall be construed accordingly.

2. Account Creation

  1. You undertake that you are legally competent to enter into contract and at least 18 years of age to create an Account on the App.
  2. In order to access or use the App and provide Services to RIPL, you are required to register and create an account (“Account”) on the App. The Account registration requires you to submit to RIPL certain personal documents and personal information such as your name, address, mobile phone, age, valid government approved address and identity proof documents etc. You expressly and voluntary agree to submission of the aforesaid documents for using/accessing the App and providing the Services to RIPL.
  3. You agree to maintain accurate, complete, and up-to-date, the documents and information in your Account at all times and you acknowledge that failure to do so shall result in your access or use of the App and may also lead to suspension/termination of your Services without notice to you.
  4. RIPL further reserves the right to undertake a background verification (i) prior to registering you on the App; and/or (ii) time to time thereafter.
  5. You undertake no person other than yourself shall have the right to access your Account. You agree and acknowledge that you will not allow any other persons to access or use your Account for providing Services to RIPL.
  6. You agree and acknowledge that you shall not share your login credentials for accessing or using the App with any other person. If it is reasonably suspected by RIPL that you have shared your login credential with any other persons and/or any other person is providing the Services on your behalf, your access to the Account may be suspended/terminated by RIPL, at its sole discretion.
  7. You will only create one Account on the App. If it is found that you have created multiple accounts on the App (through different mobile number or by any other means), RIPL reserves its right to restrict access or use the App and/or suspend/terminate the Account, without any further notice.
  8. You agree that by creating an Account on the App, RIPL may send you text SMS/WhatsApp SMS/push notifications with respect to various activities/events/transactions/schemes or for such other purposes as may be required for in the ordinary course of usage of the App.

3. Service Obligations

  1. RIPL will, from time to time, will display various activities/milestone (“Tasks”) through the App. You may choose to undertake and complete the Task and provide the Services to RIPL. If you choose to provide the Services by undertaking and completing the Tasks, you will be required to complete such Tasks within the timeframe and/or specification displayed on the App. The Tasks will be considered completed only when all the conditions as specified on the App for completion of a Task are fully complied by you.
  2. You will not seek and RIPL will not provide any supervision, directions or control for providing the Services by undertaking and completion of the Task. However, RIPL shall have the right to review the Services provided by you and determine whether the Tasks are performed within the timeline and/or as per specifications displayed on the App.
  3. You agree and undertake that you shall not sign any contract, agreement or enter into any relationship with any person on behalf of RIPL for any purposes, whatsoever.
  4. You agree that you will not do anything by action, conduct, statement or association that might damage the goodwill associated with RIPL or its brand name or trademark.
  5. You agree to comply with all applicable laws when accessing or using the App and/or providing the Services by undertaking and completing the Tasks.
  6. You agree that you are responsible for acquiring/purchasing/updating a compatible device (such as mobile, tablet etc.) and/or data network access necessary to use or access the App (or any update to the App) and/or provide the Services by undertaking and completing the Tasks. Depending upon your mobile network, data and messaging rate and fees may apply if you use or access the App and you shall be responsible for bearing such rates and fees. RIPL do not guarantee that the App or any portion thereof, will function on any particular devices. Further, the use or access to the App may be subject to malfunctions and delays inherent in the use of internet and electronic communications.

4. Rate Cards & Fees

  1. For every successful completion of the Task, you shall be entitled to receive the fees as specified in the rate cards (“Rate Cards”) available on the App. RIPL has the sole discretion to alter/modify the Rate Cards depending upon various parameters such as geography, task type, city, Products etc. RIPL shall have the sole discretion to determine the Task and/or Rate Cards available on the App.
  2. You agree that all the fees specified in the Rate Cards shall be inclusive of the applicable taxes (if any) where required by law.
  3. The fees earned by you for successful completion of Tasks displayed on the App shall be paid directly into your bank account registered with RIPL on the App. The fees shall be deposited in your bank account at such intervals as may be made available on the App. RIPL, shall have the sole discretion, to determine the frequency of payment of fees earned by you into your bank account.
  4. You agree that RIPL shall deduct tax at source (if applicable) or any other tax as may be required under the applicable law.
  5. You agree that you will be responsible for complying with your tax liabilities and/or any other applicable law.
  6. In the event of any breach of these Terms, RIPL reserves its right to withhold or adjust the fees payable to you for the providing the Services by undertaking and completing the Tasks.

5. Intellectual Property Rights

  1. Subject to your compliance with these Terms, RIPL grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the App on your personal device solely for undertaking and completion of the Task and perform the Services; and (ii) access and use any Content for purpose of performance of the Services in accordance with these Terms.
  2. RIPL, in its sole discretion, may make available textual, audio and/or visual content, product brochures, training material, marketing & advertising material (“Content”) to you through the App or otherwise for facilitating you in performance & completion of the Tasks and thus perform the Services. RIPL shall be the exclusive owner of all the intellectual property rights in such Content.
  3. You agree to use or access the App and/or the Content in the manner specified by RIPL and strictly for the performance of the Services. You agree that you are not authorized to copy, modify, distribute sublicense and/or otherwise exploit in any manner the App or the Content made available to you on the App or otherwise.
  4. You agree that neither these Terms nor use of the App or performance of Services by you by undertaking and completing the Task, conveys or grants to you any rights: (a) in or related to the App or the Content except for the limited usage granted herein in the Terms; (b) to use or reference in any manner RIPL’s company names, logos, products, trademarks except for limited usage permitted herein in the Terms.

6. Indemnification

  1. You agree to indemnify and hold RIPL and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) or any other loss that may occur, arising from or relating to: (i) your use or access of the App or providing Services; (ii) your breach or violation of any of these Terms. This clause shall survive termination of these Terms.

7. Termination

  1. RIPL may restrict you from accessing or using the App (in part of whole) and/or terminate these Terms with respect to you, immediately without notice, under the following circumstances:
    1. If you breach the Terms contained herein;
    2. If you have or are reasonably suspected for committing fraud and/or falsifying and/or tampering and/or forging records and/or furnishing false records/information to RIPL with respect to performance of the Services, herein;
    3. You do not qualify under the applicable and/or RIPL policies to access or use the App and/or provide the Services, herein.
  2. Either Party may terminate these Terms by giving 7 days’ notice to RIPL.
  3. In the event of termination, you shall immediately stop using the App and/or carrying out any Services under these Terms.

8. Miscellaneous

  1. Notice: RIPL may give notice in writing on the contact details (such as email, mobile number and/or address) provided at the time of registration of Account (or such updated details available) on the App. You may give notice to RIPL by written communication to its registered address.
  2. Relationship between You and RIPL: You acknowledge that there is no contract of employment between yourself and RIPL and that you will provide the Services as an independent contractor. The relationship between you and RIPL is on non-exclusive and both parties free to enter in to any such similar arrangements with any other third party as they deem fit. Further, no agency, partnership or joint venture is created as a result of acceptance of these Terms and/or use /access of the App and/or you providing Services under these Terms.
  3. Amendment: RIPL reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time. RIPL will upload the amended Terms on the App and it is your responsibility to review the Terms for any changes. If you continue to use or access the App, following the date of amendment or effective date for amendments, you agree to assent to accept the revise Terms.
  4. Severability: The invalidity or unenforceability of any provision in this Agreement shall in no way affect the validity or enforceability of any other provision herein. In the event of the invalidity or unenforceability of any provision of these Terms.
  5. Governing Law: These Terms and the rights and obligations of the parties hereunder shall be construed and interpreted in accordance with Indian Substantive and Procedural Law as applicable.
  6. Jurisdiction: All disputes between the parties shall be subject to exclusive jurisdiction of the courts at Delhi only.
  7. Electronic Acceptance: You will be required to give acceptance to these Terms electronically through OTP and/or click wrap or such other mode as may be permissible over the App. Upon accepting these Terms electronically, you shall be bound by the terms and conditions contained herein.

Terms Applicable On Associate BharatPe Captain (as defined hereunder)

1. General

  1. RIPL is a company engaged in the business of payment facilitation, of providing digital payment solutions through its universal QR code and POS machines to its users and/merchants. RIPL offers a wide variety of products such as QR code, swipe to its users and/or merchants (“Product”).
  2. In order to make its Product available to the end user/merchants, RIPL wishes to engage you (also referred as “BharatPe Captain”), an Individual, through the App, on independent contractor basis for performing and completion of the Tasks (“Services”) on the Terms contained herein.
  3. Associate BharatPe Captain understands and acknowledges that RIPL is not responsible for any compensation to be issued to it in any form for any monetary claims whatsoever, unless specifically agreed to be provided by RIPL.
  4. You i.e. Associate BharatPe Captain access and use of the App and providing Services constitute your voluntarily and explicit consent to the Terms contained herein, which establishes a contractual relationship between you and RIPL. If you do not agree to these Terms, you shall cease to access and/or use the App and/or provide any Services to RIPL through the App. The Terms contained herein supersede any prior agreement with you or RIPL’s service provider/agency as the case may be. Each time you access/use the App and/or provide Services to RIPL, you signify your acceptance of the Terms contained herein.
  5. For the purpose of the Terms, you shall mean any natural person who is accessing or using the App and providing Services to RIPL. The term “your” shall be construed accordingly.

2. Account Creation

  1. You Associate BharatPe Captain undertake that you are legally competent to enter into contract and at least 18 years of age to create an Account on the App.
  2. In order to access or use the App and provide Services to RIPL, you are required to register and create an Account on the App. The Account registration requires you to submit to RIPL certain personal documents and personal information such as your name, address, mobile phone, age, valid government approved address and identity proof documents etc. You expressly and voluntary agree to submission of the aforesaid documents for using/accessing the App and providing the Services to RIPL.
  3. You agree to maintain accurate, complete, and up-to-date, the documents and information in your Account at all times and you acknowledge that failure to do so shall result in your access or use of the App and may also lead to suspension/termination of your Services without notice to you and in case of Associate BharatPe Captain as agreed in the concerned contract with the service provider by RIPL.
  4. RIPL further reserves the right to undertake a background verification (i) prior to registering you on the App; and/or (ii) time to time thereafter.
  5. You undertake no person other than yourself shall have the right to access your Account. You agree and acknowledge that you will not allow any other persons to access or use your Account for providing Services to RIPL.
  6. You agree and acknowledge that you shall not share your login credentials for accessing or using the App with any other person. If it is reasonably suspected by RIPL that you have shared your login credential with any other persons and/or any other person is providing the Services on your behalf, your access to the Account may be suspended/terminated by RIPL, at its sole discretion.
  7. You will only create one Account on the App. If it is found that you have created multiple accounts on the App (through different mobile number or by any other means), RIPL reserves its right to restrict access or use the App and/or suspend/terminate the Account, without any further notice.
  8. You agree that by creating an Account on the App, RIPL may send you text SMS/WhatsApp SMS/push notifications with respect to various activities/events/transactions/schemes or for such other purposes as may be required for in the ordinary course of usage of the App.

3. Service Obligations

  1. RIPL will, from time to time, will display various activities/milestone (“Tasks”) through the App. You may choose to undertake and complete the Task and provide the Services to RIPL. If you choose to provide the Services by undertaking and completing the Tasks, you will be required to complete such Tasks within the timeframe and/or specification displayed on the App. The Tasks will be considered completed only when all the conditions as specified on the App for completion of a Task are fully complied by you.
  2. You will not seek and RIPL will not provide any supervision, directions or control for providing the Services by undertaking and completion of the Task. However, RIPL shall have the right to review the Services provided by you and determine whether the Tasks are performed within the timeline and/or as per specifications displayed on the App.
  3. You agree and undertake that you shall not sign any contract, agreement or enter into any relationship with any person on behalf of RIPL for any purposes, whatsoever.
  4. You agree that you will not do anything by action, conduct, statement or association that might damage the goodwill associated with RIPL or its brand name or trademark.
  5. You agree to comply with all applicable laws when accessing or using the App and/or providing the Services by undertaking and completing the Tasks.
  6. You agree that you are responsible for acquiring/purchasing/updating a compatible device (such as mobile, tablet etc.) and/or data network access necessary to use or access the App (or any update to the App) and/or provide the Services by undertaking and completing the Tasks. Depending upon your mobile network, data and messaging rate and fees may apply if you use or access the App and you shall be responsible for bearing such rates and fees. RIPL do not guarantee that the App or any portion thereof, will function on any particular devices. Further, the use or access to the App may be subject to malfunctions and delays inherent in the use of internet and electronic communications.

4. Rate Card & Fees for Associate BharatPe Captain

  1. Any Fees that may be payable to an Associate BharatPe Captain shall be paid through the service provider in accordance with the terms agreed by it with RIPL. You agree that RIPL has no payment obligations towards you unless specifically provided herein.
  2. You agree that at no instance you will claim Rate Card & Fees from RIPL.

5. Indemnification

  1. You agree to indemnify and hold RIPL and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) or any other loss that may occur, arising from or relating to: (i) your use or access of the App or providing Services; (ii) your breach or violation of any of these Terms. This clause shall survive termination of these Terms.

6. Miscellaneous

  1. Notice: RIPL may give notice in writing on the contact details (such as email, mobile number and/or address) provided at the time of registration of Account (or such updated details available) on the App. You may give notice to RIPL by written communication to its registered address.
  2. Relationship between You and RIPL: You acknowledge that there is no contract of employment between yourself and RIPL and that you will provide the Services as an independent contractor. The relationship between you and RIPL is on non-exclusive and both parties free to enter in to any such similar arrangements with any other third party as they deem fit. Further, no agency, partnership or joint venture is created as a result of acceptance of these Terms and/or use /access of the App and/or you providing Services under these Terms.
  3. Amendment: RIPL reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time. RIPL will upload the amended Terms on the App and it is your responsibility to review the Terms for any changes. If you continue to use or access the App, following the date of amendment or effective date for amendments, you agree to assent to accept the revise Terms.
  4. Severability: The invalidity or unenforceability of any provision in this Agreement shall in no way affect the validity or enforceability of any other provision herein. In the event of the invalidity or unenforceability of any provision of these Terms.
  5. Governing Law: These Terms and the rights and obligations of the parties hereunder shall be construed and interpreted in accordance with Indian Substantive and Procedural Law as applicable.
  6. Jurisdiction: All disputes between the parties shall be subject to exclusive jurisdiction of the courts at Delhi only.
  7. Electronic Acceptance: You will be required to give acceptance to these Terms electronically through OTP and/or click wrap or such other mode as may be permissible over the App. Upon accepting these Terms electronically, you shall be bound by the terms and conditions contained herein.