DIGITAL KARMA KENDRA

ADDRESS

D-86, Sumeru City Mall, Sudama Chowk, Mota Varachha, Surat, Gujarat 394101

CUSTOMER CARE HELPLINE

080-6218-1319

TERMS AND CONDITIONS

1. INTRODUCTION ON THE SCOPE OF THIS TERMS AND CONDITONS
    • Digital Karma Kendra is a digital financial facilitation service provided by KARMA AVIAN PVT LTD. Company registered under the Companies Act having registered office at D-86, Sumeru City Mall, Sudama Chowk, Mota Varachha, Surat, Gujarat 394101(hereinafter referred to as the “Company”, which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns).
    • Under Digital Karma Kendra, the company inter-alia provides Digital Banking & Payments industry to its customers in India by facilitating dissemination of digital financial services provided by various service providers including but not limited to services like Assisted Digital Financial Services like Aadhaar ATM, SMS Payment, Khata Service, Utility Payment, Prepaid Cards, Insurance, and Money Transfer by Digital Karma Kendra App. (Company Services)
    • The terms and conditions subject to which Company Services are provided to the Consumers (as defined below) are mentioned herein and the use of Company Service by Consumers is subject to this Consumers’ acceptance of the following terms and conditions (as may be amended from time to time) (“Agreement”/ “Terms of Use”).
    • As an Applicant (as defined below), You may apply to open a Digital Karma Kendra Membership Account (hereinafter referred as “Membership Account” / “Karma Account”) and avail “Company Services” by: (a) depending on online channel of registration of the Applicant, providing its details in the prescribed application format (“AF”) either by himself or with the assistance from the Retail Partner on this Platform (as defined below); and (b) by accepting and subscribing this Terms of Use by clicking on “I Agree” button at the end of this Terms of Use (below). Your acceptance of these terms and conditions shall be unconditional and without any limitation or qualification.
    • Please carefully read these terms of use. By providing your consent and/or using this platform you indicate your understanding and acceptance of these terms and conditions. If you do not agree to these terms of services you may not use this platform
    • You understand, agree and acknowledge that Your setting up of Membership Account, use of Company Services, use of this Platform, Website and/or Company Services including all information, tools and services available from this Platform to You is conditioned upon Your acceptance of all terms, conditions, policies and notices stated here, the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Platform shall also be subject to this Terms of Use. To ensure that You are aware of the changes, please review this Terms of Use and all the documents referred to hereunder periodically.
2. Definition and Interpretation
    • In this Terms of Use, unless the contrary intention appears and/or the context otherwise requires,
      capitalized terms defined by: (i) inclusion in quotations and/ or parenthesis have the meanings so
      ascribed; and (ii) the following terms shall have the meanings assigned to them herein below:
    • “Applicable Law” includes all applicable Indian statutes, enactments, acts of the state
      legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications,
      guidelines, directions, directives and orders of any governmental authority, statutory authority,
      board, any implementing regulation or interpretation issued thereunder including any successor
      Applicable Law;
    • “Applicant” shall mean You or any individual person above the age of [18 (Eighteen)] years, using an
      operational mobile phone connection, who applies either on his ownorapproaches the Company, for
      availing the Company Services in the capacity of being an Agent (Retailer/Distributor/Master
      Distributor/Super Distributor);
    • “Company Rules” shall mean policies issued by the Company with respect to its strategic business
      partners, retail partners, distributors, Consumers including but not limited to the policy on the
      code of conduct and other management policies as issued on the Website, Platform and/ or otherwise
      and amended from time to time;
    • “Consumer” shall mean an Applicant who upon submission of the AF and upon completion of necessary
      formalities, is found to be eligible by Company, to avail the Company Services and has opened a
      Membership Account;
    • “Governmental Authority” means any nation, state, sovereign, or government, any federal, regional,
      state, local or political subdivision and any entity exercising executive, legislative, judicial,
      regulatory or administrative functions of or pertaining to government, constitutionally established
      and having jurisdiction over any of the parties (to the extent relevant to the transactions
      contemplated hereby) or the assets or operations of any of the foregoing or the transactions
      contemplated hereby; “INR” or “RS” means Indian Rupees, the lawful currency of the Republic of
      India;
    • “Intellectual Property” shall mean all intellectual property used for the purpose of or in
      association with or in relation to providing the Company Services utilising the Platform and
      includes without limitation, (a) Software, operating manuals, software code, program, instructions,
      specifications, processes, input methods, data or information used in relation to, in association
      with or for the operation of the software installed by Company ; (b) the trademarks, service marks,
      trade names, business names, logos, symbols, styles, colour combinations used by Company during the
      course of its business and all depictions, derivations and representations thereof; (c) all
      promotional material including without limitation, advertisements, literature, graphics, images,
      content and the ‘look and feel’ of all of the above; and (d) all techniques, formulae, patterns,
      compilations, processes, inventions, practices, methodology, techniques, improvement, utility model,
      procedures, designs, skills, technical information, notes, experimental results, service techniques,
      samples, specifications of the products or services, labelling specifications, rights on software,
      and any other knowledge or know-how of any nature whatsoever;
    • “KYC Guidelines” of “KYC” shall mean the Know Your Customer (KYC) guidelines as set forth by
      Governmental Authority including RBI;Applicant has to provide self-attested copies of valid Proof of
      Identity, Proof of Address and relevant KYC details as per the KYC guidelines;
    • “Person” shall mean any individual (including personal representatives, executors or heirs of a
      deceased individual) or legal entity, including but not limited to, any partnership, joint venture,
      corporation, trust, unincorporated organization, limited liability company, limited liability
      partnership or Governmental Authority;
    • “Platform” shall mean the Software accessible through the Website;
    • “RBI” shall mean the Reserve Bank of India;
    • “Registered Mobile Number” shall mean the mobile number of the Consumer registered with the Company
      at the time of opening up / setting up of the Membership Account;
    • “Software” shall include custom built software that is owned by Company, or software that has been
      licensed from third party suppliers by Company and in relation to which Company has obtained the
      right to sub license from such third-party suppliers, as modified/ replaced from time to time, that
      enables Retail Partner to utilize Company Services on communication devices such as computers,
      mobile phones and other handheld wireless devices etc. as identified by Company from time to time;
    • “Related Entities” shall mean any parent company, subsidiaries, affiliated corporations,
      partnerships, or joint ventures of the Company; and/or upon instruction of the Consumer on the
      Platform and/or Website utilizing the Company Services;
    • “Tax” or “Taxes” shall mean any and all taxes, cess, levies, imposts, duties, charges, deposits,
      fees, deductions or withholdings that are, or that are to be, imposed, levied, collected, withheld
      or assessed, together with any and all interest, penalties, claims or other liabilities arising
      under or relating thereto;
    • “You” or “Your”; shall mean any natural or legal person who has access to and is using the Platform
      for the purpose of opening a Membership Account in accordance with the terms of this Terms of Use,
      including but not limited to such users who have not created a Membership Account and are accessing
      the Platform without such a Membership Account; and
    • “Website” shall mean and include www.digitalkarmakendra.in, mobile application of Company, any successor
      website/ applications, any website of Related Entity or any other channel facilitated and permitted
      by Company including but not limited to App, any other digital medium including phone, displays,
      emails, social media interfaces, messaging interfaces, wallet, payment intermediaries using
      Company’s interface.
    • Interpretation – The terms referred to in this Agreement shall, unless defined otherwise or
      inconsistent with the context or meaning thereof, bear the meanings ascribed to them under the
      relevant statute/legislation.
    • Reference to statutory provisions shall be construed as meaning and including references also to any
      amendment or reenactment for the time being in force and to all statutory instruments or orders made
      pursuant to such statutory provisions.
    • Words denoting the singular shall include the plural and words denoting any gender shall include all
      genders.
    • Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information
      only and shall not form part of the operative provisions of this Agreement or the annexures hereto
      and shall be ignored in construing the same.
    • References to days, months and years are to calendar days, calendar months and calendar years,
      respectively.
    • Unless otherwise specified, time periods within or following which any payment is to be made or act
      is to be done shall be calculated by excluding the day on which the period commences and includingss
      the day on which the period ends and by extending the period to the next day of the last day of such
      period is not a day of which Company and/or banking institutions in India are open for general
      business;
    • Any reference to “writing” shall include printing, typing, lithography, transmissions by facsimile
      or in electronic form (including e-mail) and other means of reproducing words in visible form
      including but not limited to any instructions provided by the Company in the Website and/or the
      Platform.
    • The words “include” and “including” are to be construed without limitation.
    • No provisions shall be interpreted in favor of, or against, any party by reason of the extent to
      which such party or its counsel participated in the drafting hereof or by reason of the extent to
      which any such provision is inconsistent with any prior draft here of.
3. CONDITIONS OF USE
    • This Agreement applies to any person who accesses or avails any service on our platform for any
      purpose. It also applies to any legal entity which may be represented by any person who accesses or
      avails any service on the Website, under actual or apparent authority. Agent(s) may use this Website
      to avail the company services available on the website.
    • Consumer agrees and undertakes that it shall utilize the Company Services only through the
      Membership Account in accordance with these Terms and Conditions and relevant regulations.
    • The Agreement shall be valid for a period of one year.
    • Company Services can only be availed by an individual who is above the age of 18 (Eighteen)years.
    • To avail of the Company Services from the website, the Agents shall only approach the administrator
      to activate the account.
    • The Consumer, at the time of submission of the AF, confirms that the Consumer is of sound mind.
    • The Consumer must ensure that the Registered Phone Number has an active connection at all times. The
      Consumer shall immediately inform Company in writing in the event of any change, cancellation,
      disruption, termination or surrender of the Registered Phone Number
    • while joining the company, the agent is required to give the name of the nominee. In case of the
      death of agent, the money in the wallet if any shall be transferred to the nominee on presenting the
      death certificate
    • The agent is required to pay the maintenance charge for the first time, failing in doing so the company shall hold
      the power to deduct the charges from the main wallet and to impose a penalty of Rs. 20/day, as
      deemed fit.
    • The Website is an online platform that Agent(s) utilize to independently avail the services offered
      i.e. Aadhar Banking, Money Transfer, Bill Payment and Recharges, Pan etc. Digital Karma Kendra is not and cannot
      be a party to any transaction or dispute between Agents on the Platform.
    • The Consumer acknowledges that any information provided to Company with the intention of securing
      the Membership Account shall vest with Company (as the case may be), and may be used by Company, at
      its discretion, for any purpose consistent with Applicable Laws.
    • The Consumer acknowledges that any information submitted by the Consumer while using the Company
      Services, Platform, Website or the Membership Account may be shared with third parties by Company
      inter- alia, to facilitate the provision of Company Services.
    • The Consumer shall not utilize Company Services, Platform, Website or the Membership Account for any
      purpose that might be construed as contrary or repugnant to Applicable Laws, public policy or for
      any purpose that is contrary to Company Rules or might prejudice the goodwill of Company and/or
      Related Entities.
    • The Consumer acknowledges and understands that it is solely responsible for satisfying himself with
      notifications that the Transactions have been successfully completed. Company however will not be
      held responsible for notifications not reaching the Consumer.
    • The Company does not make any representations or warranties regarding specifics of the services
      proposed to be sold, offered to be sold or availed on the Platform. It does not implicitly or
      explicitly support or endorse the sale or purchase of any products and services on the Platform. The
      Company accepts no liability for any errors or omissions of third parties in relation to the
      services.
    • The Company is not responsible for any non-performance or breach of any contract/ agreement/
      understanding in whatever form stated, between the service provider and agents. The Company shall
      not and is not required to mediate or resolve disputes or disagreements between the customers and
      agents.
    • The Company shall not be held responsible for any wrong transaction undertaken by the agent like
      Recharge, DMT etc. and thereby shall not be liable to refund any amount whatsoever.
    • The Company shall not be responsible to send the ID and password to the agent, if the agent forgets
      the ID, he must follow the process of recovering the ID password, which includes clicking on the
      ‘forget the password’ option after which they shall get the link on Email and SMS notification.
    • In the event an agent wishes to cancel his subscription plan, they shall have to click on the
      ‘cancel now’ option and send a notice to the company, the company after receiving the notice shall
      cancel such subscription in 7 days after deducting the charges till that day.
    • If the agent is found involved in a fraudulent transaction, the company shall give a warning with a
      7-day opportunity to clear the matter. The company shall hold the power to impose penalty, 1000/day
      charges for customer problem, ID shall be suspended without any prior information or notice and FIR
      shall be filed against such agent.
    • In the event an agent registers through their own ID, complete all the KYC process and accept all
      the terms and conditions, the company shall not be held responsible for any refundable amount.
    • There are certain free service links available on the website of the company, which open on some
      other website on clicking. The company shall not be held liable for any word done by it.
    • In the event, an agent shares his password to some other person or if their password/phone gets
      stolen, and there is some transaction from such phone, the company shall not be held responsible for
      it. The customer is required to call the customer care and stop the services.
    • DIGITAL KARMA KENDRA shall be held responsible for the amount deposited in its own bank account only, and shall
      be absolved of the responsibility if any agent deposits amount in any individual account.
    • If in case the associate bank holds the payment, then the company has the right to hold agents
      amount and the company shall not be in any case responsible for any penalty & interest over the
      amount and the company is only liable to pay to agent the real amount received from the bank.
    • The Agent(s) therefore agree that, The Company shall not be liable or responsible for any damages,
      liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may
      occur/arise as a result of or in connection with any Transaction Risks. Agent(s) are solely
      responsible for all of the terms and conditions of the transactions conducted on, through or as a
      result of use of any content, information or any other material provided on the Website, including,
      without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes,
      title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute
      with any party to a transaction, Agent(s) agrees to release and indemnify the Company (and Our
      agents, affiliates, directors, officers and employees) from all claims, demands, actions,
      proceedings, costs, expenses and damages (including without limitation any actual, special,
      incidental or consequential damages) arising out of or in connection with such transaction.
4. CHANGES OF TERMS

Company shall at their sole discretion, and without notice to the Consumer, alter, modify or amend
these Terms of Use from time to time and the same shall be updated and displayed by Company on its
Platform/ Website. The Customer is expected to keep himself/herself updated with the amendments to
the Terms of Use. Any transaction done subsequent to the amendment of the Terms of Use will be
considered as Customer’s acceptance of the amended Terms of Use. Company may modify, terminate
and/or suspend Company Services anytime with or without prior notice, due to any changes in internal
policies, rules, regulations and laws set by relevant authorities/regulators.

5. LINK TO OTHER WEBSITES

Company may provide links to other websites that are maintained by third parties on the Website. These
links are provided for your convenience only and the provision of these links does not mean that Company
endorses these websites or the products and services they provide. You acknowledge and agree that
Company is not responsible and/or liable for any information/ content or any products/services available
on these third-party websites.

6. SEVERABILITY

If any part of these Terms of Use is adjudged illegal or inoperable for any reason, the same shall be
severed from the remainder of this document and only that portion of this document that is specifically
adjudged illegal or inoperable shall cease to govern the relationship between Company and the Consumer.

7. OWNERSHIP AND PROPERIETARY RIGHTS

The Consumer agrees that he/she shall have no claims/rights of whatsoever nature in the Intellectual
Property including but not limited to any intellectual property rights arising out of and in connection
with Platform, Website and/or the Company Services. The Consumer further undertakes that he/she shall
not attempt to modify, alter, obscure, translate, disassemble, decompile or reverse engineer the
Software underlying application or create any derivative product based on the Software.

8. FORCE MAJEURE

Company shall inform the Consumer of the existence of a Force Majeure Event and shall consult together
to find a mutually acceptable solution.
“Force Majeure Event” means any event due to any cause beyond the reasonable control of Company and/or
Financial Service Provider, including, without limitation, unavailability of any communication system,
breach or virus in the processes or payment mechanism, sabotage, fire, flood, explosion, acts of God,
civil commotion, strikes or industrial action of any kind, riots, government lockdown, insurrection,
war, acts of government, computer hacking, unauthorized access to computer data and storage device,
computer crashes, breach of security and encryption, etc.
Company shall not be liable for any failure to perform any of its obligations under these Terms of Use
or the specific terms and conditions if the performance is prevented, hindered or delayed by a Force
Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event
continues.

9. LIMITATION OF LIABILITY
  • The Consumer understands and acknowledges that the work of the distributor is target based and
    commission will be released according to % of the target achieved.
  • The Consumer understands and acknowledges that in the event a distributor fails to complete his
    target, he/she shall have to continue working for a period of 90 days. After the completion of such
    time period, the company shall close the registration and hold his commission.
  • If the distributor closes his agreement with the company, he shall be liable to return all the
    accessories as provided by the company. In case the accessories received are not in good condition,
    the amount to that effect shall be adjusted from the security fees of such distributor.
  • The Company holds the power to change or stop its services like commission structure, offer for
    service, rate for package etc. at any point in time without giving any information to the agent.
  • If the transaction made by the customer is found fraudulent, the company shall have the power to
    hold the amount until the case is resolved.
  • The Consumer understands and acknowledges that Name, logo, brand name etc. is the exclusive
    intellectual property of the company, and that no agent may use the same on any social media or any
    other platform without the express permission of the company.
  • The Consumer understands and acknowledges that the services provided by the Company including
    Company Services is provided on an “as is” and “as available” basis and that the use of Company
    Services by Consumers is at its own risk.
  • The Consumer further understands and acknowledge that the Company shall in no way be responsible for
    any acts or omissions on part of Retail Agents.
  • Without prejudice to the aforesaid, in no event shall our total cumulative liability to the Consumer
    for any and all claims relating to or arising out of the Consumer’s use of the Platform/ Company
    Services and/or Website, regardless of the form of action, exceed the amount of service fee
    chargeable by the Company for its services.. In no event shall Company be liable to the Consumer
    (or to any third party claiming under or through the Consumer) for any indirect, special,
    incidental, consequential or exemplary damages arising from the Consumer’s use of, or inability to
    use, the Platform/ Company Services and/or Website. These exclusions apply to any claims for lost
    profits, lost data, loss of goodwill, work stoppage, bugs and errors, computer failure or
    malfunction, any other commercial damages or losses, even if Company new or should have known of the
    possibility of such damages.
10. Charges

The company reserves the right to change its fee policy from time to time. Changes to the fee policy
shall be posted on the Platform and such changes shall automatically become effective immediately after
they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees
(INR) and payable to Digital Karma Kendra. Agent shall be solely responsible for compliance with all applicable laws
for making payments to Digital Karma Kendra. Agent hereby agrees that the company shall have the right to set off any
amounts due and payable by Agent to the company against any payments due from the company to Agent.

11. PRIVACY POLICY & DATA PROTECTION

Company may suspend or cease the operation of the Platform, Website and/or the Company Services for any
reason with or without giving any prior notice. Company reserves the right to change the content on the
Website and/or suspend or change the product or Financial Services offered on the Website and/or the
Platform. The Consumer agrees that in any mentioned case, he/she will use the Website and/or Platform t
his/her own risk and Company is not responsible for any loss or damage.

12. DISCLAIMER

Company may suspend or cease the operation of the Platform, Website and/or the Company Services for any
reason with or without giving any prior notice. Company reserves the right to change the content on the
Website and/or suspend or change the product or Financial Services offered on the Website and/or the
Platform. The Consumer agrees that in any mentioned case, he/she will use the Website and/or Platform t
his/her own risk and Company is not responsible for any loss or damage.

13. PRIVACY POLICY

All of the information that Company collects from the Consumer, such as registration details,
beneficiary account details and debit/credit card information etc., is subject to the provisions of this
Terms of Use.

14. WAIVER

The failure to exercise or delay in exercising a right or remedy provided by this Terms of Use or by law
does not constitute a waiver of the right or remedy or the waiver of other rights or remedies. No single
or partial exercise of a right or remedy provided by this Terms of Use or by law prevents further
exercise of the right or remedy or the exercise of another right or remedy. Any waiver must be in
writing and signed by the party sought to be bound.

15. ASSIGNMENT

This Terms of Use or any right or interest herein, shall not be assignable by the Consumer. Company
shall be free to assign its rights,interest and obligations under this Terms of Use to any Person
including but not limited to Related Entities.

16. MODE OF COMMUNICATION

When Agent use the Platform or send emails or other data, information or communication to us, Agent
hereby agrees and understand that Agent are communicating with Us through electronic records and Agent
consent to receive communications via electronic records from Us periodically and as and when required.
We may communicate with Agent by email or by such other mode of communication, electronic or otherwise.

17. Notices

All notices or demands to or upon the Company shall be effective if in writing and shall be deemed to be
duly made when sent to Digital Karma Kendra, D-86, Sumeru City Mall, Sudama Chowk, Mota Varachha, Surat, Gujarat 394101. All notices or demands to or upon Agent(s) shall be effective if either delivered personally,
sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email
address provided by the Agent(s) on the Website, or by posting such notice or demand on an area of the
Website that is publicly accessible without a charge.
Notice to Agent(s) shall be deemed to be received by such Agent(s) if and when Website is able to
demonstrate that communication, whether in physical or electronic form, has been sent to such Agent(s),
or immediately upon Website’s posting such notice on an area of the Website that is publicly accessible
without charge.

18. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement will be governed by and construed in accordance with the laws of the Republic of India.
The courts in Jaipur shall have exclusive jurisdiction over any dispute arising from use of Company
Service, Platform and/or Website.
Any dispute under this Agreement between the Company and the Agents shall be referred to Arbitration to
be conducted as per the Arbitration and Conciliation Act, 1996, as applicable at the time including such
amendments that may be made, by a SingleArbitrator to be appointed at the sole discretion of the
Website. The seat of arbitration shall be at Jaipur, India and the language of the Arbitration shall be
English.

19. TERM AND SURVIVAL

This Terms of Use is effective until: (a) terminated by Company and Company reserves the right to
terminate this Terms of Use; and/or (ii) upon Consumer ceasing to hold Membership Account.
The provisions of this Terms of Use which by their nature are intended to survive the termination or
expiration of this Terms of Use. In our commitment to maintaining a secure and efficient platform, we are implementing policy regarding inactive accounts. Any account that remains inactive or not Active for a period of 15 days will be automatically blocked or Suspended Automatically, and all associated documentation will be rejected without reason. This measure is in place to ensure the security and integrity of our platform to secure sensitive services like Aadhaar. Accounts that have been inactive for an extended period may pose a potential security risk, and blocking such accounts helps us safeguard our users’ data and maintain a high level of service.

20. ENTIRE AGREEMENT

The “Terms” including the Privacy Policy constitutes the entire agreement between You and Digital Karma Kendra and
governs Your access and use of the Services, superseding any prior agreements between You and Digital Karma Kendra
with respect to the Website and Services.

21. SELF-DECLARATION

I hereby declare that I have read and understood all terms and conditions of this Terms of Use.
Accordingly, I would wish to use the Platform, Website and/or avail the Company Services. I hereby give
my consent to be bound by provisions of this Terms of Use.

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