Terms & Conditions
Use of the TellyOn
Platform/TellyOn Services
Please read the following terms and conditions carefully before
registering on, accessing, browsing, downloading or using the TellyOn website located at Tellyon.com,
and all associated sites linked to Tellyon.com, or the TellyOn mobile application or any similar
platform (hereinafter collectively, the TellyOn Platform run by TellyOn Media Private Limited, having
its registered office at 185,1st Floor, Vinoba Puri, Lajpat Nagar-II,Delhi-110024 on any device and/or
before availing any services offered by TellyOn on the TellyOn Platform which may include services such
as recharge or bill payment, digital products, and marketplace service or any other service that may be
offered by TellyOn on the TellyOn Platform (hereinafter individually, and collectively, the TellyOn
Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to
all TellyOn Services, whether offered by TellyOn or its affiliates.
Acceptance
By registering on, accessing, browsing, downloading or using the
TellyOn Platform for any general purpose or for the specific purpose of availing any TellyOn Service,
You agree to terms and conditions set forth below as well as by the service-specific terms and
conditions applicable to each TellyOn Service (hereinafter collectively, the T&Cs). These T&Cs
shall also include any additional or modified terms and conditions or any additional or modified
service-specific terms and conditions in relation to any TellyOn Service or any future service that may
be offered by TellyOn on the TellyOn Platform. By registering on, accessing, browsing, downloading or
using (as applicable) the TellyOn Platform or availing any TellyOn Service, You automatically and
immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the
T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the TellyOn
Platform and immediately terminate Your availing the TellyOn Services. Accepting or agreeing to the
T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years
of age and an individual user of the TellyOn Platform or a customer or beneficiary of the TellyOn
Services, and TellyOn. All services are rendered by TellyOn through the TellyOn Platform under the brand
name “TellyOn” (or any derivatives or variations thereof). Consequently, all the rights,
benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the
benefit of, or incurred by, TellyOn, regarding Your use of TellyOn’s digital services (which
includes but may not be limited to prepaid recharge, bill payment,, the marketplace service or any such
other services) which may be added on the TellyOn Platform and which will henceforth be a TellyOn
Service, from time to time. The TellyOn Services shall be used by You subject to Your adherence with the
T&Cs. As long as You accept and comply with these T&Cs, TellyOn grants You a personal,
non-exclusive, non-transferable, limited, revocable privilege to enter and use the TellyOn Platform
and/or avail the TellyOn Services.
Eligibility.
The TellyOn Services are not available to persons under the age
of 18 or to anyone previously suspended or removed by TellyOn from availing the TellyOn Services or
accessing the TellyOn Platform. By accepting the T&Cs or by otherwise using the TellyOn Services on
the TellyOn Platform, You represent that You are at least 18 years of age and have not been previously
suspended or removed by TellyOn, or disqualified for any other reason, from availing the TellyOn
Services or using the TellyOn Platform. In addition, You represent and warrant that You have the right,
authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this
Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise
misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any
violation of the T&Cs, TellyOn reserves the right to suspend or permanently prevent You from
availing TellyOn Services or using the TellyOn Platform.
Communication Policy
By accepting the T&Cs, You accept the following:
- TellyOn may send alerts to the mobile phone number provided by You while registering with the
TellyOn Platform or on any updated mobile number subsequently provided by You on the TellyOn
Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if
the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the
e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has
enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if
the e-mail servers or ids are not functional or if the push-notifications feature has been turned
off, then You may not get the alert at all or get delayed messages.
- You authorize TellyOn to contact You and communicate with You for any TellyOn Service or Offer(s).
TellyOn may use third party service providers to send alerts or communicate with You. You authorize
TellyOn and TellyOn Entities to override the DND settings to reach out to You over calls, SMS,
emails and any other mode of communication.
- The SMS/e-mail alert/push notification service provided by TellyOn is an additional facility
provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy.
In the event that You observe any error in the information provided in the alert, TellyOn shall be
immediately informed about the same by You and TellyOn will make best possible efforts to rectify
the error as early as possible. You shall not hold TellyOn liable for any loss, damages, claim,
expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail
alert/push notification facility.
- The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push
notification service depend on many factors including the infrastructure and connectivity of the
service provider. TellyOn shall not be responsible for any non-delivery, delayed delivery or
distortion of the alert in any way whatsoever.
- You will indemnify and hold harmless TellyOn and the SMS/e-mail service provider including its
officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses
whatsoever including legal charges and attorney’s fees which TellyOn or the SMS/e-mail service
provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising
out of, any of the following: (i) misuse by You or improper or fraudulent information provided by
You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You;
and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary
information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus
schedule, delay, and/or rescheduling from TellyOn and/or the SMS/e-mail service provider.
Use of TellyOn Platform
You understand that except for information, products or services
clearly indicated as being supplied by TellyOn, we do not operate, control, or endorse any information,
products or services on the Internet in anyway. You also understand that TellyOn cannot and does not
guarantee or warrant that files available for download through the TellyOn Platform will be free of
viruses, worms or other code that may be damaging. You are responsible for implementing procedures to
satisfy Your particular requirements of Internet security and for accuracy of data input and output.
Prohibited Conduct
By accessing or using the TellyOn Platform or by availing
TellyOn Services,
You agree not to
- impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any
person or entity, or access the accounts of others without permission, forge another person’s
digital signature, misrepresent the source, identity, or content of information transmitted via the
TellyOn Services, perform any other similar fraudulent activity or otherwise avail TellyOn Services
with what we reasonably believe to be potentially fraudulent funds;
- infringe our or any third party’s intellectual property rights, rights of publicity or
privacy;
- use the TellyOn Services if You are under the age of 18 years without a parental sponsor or, in any
event, use the TellyOn Services if You are under the age of 13 years old even with a parental
sponsor and in accordance with applicable law;
- post or transmit any message which is libellous, defamatory or which discloses private or personal
matters concerning any person;
- post or transmit any message, data, image or program which is pornographic, vulgar or offensive in
nature;
- refuse to cooperate in an investigation or provide confirmation of Your identity or any other
information provide by You to TellyOn;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the
TellyOn Services and the TellyOn Platform or features that enforce limitations on the use of the
TellyOn Services or the TellyOn Platform;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as
regards TellyOn Services or TellyOn Platform or any part thereof, except and only to the extent this
is expressly permissible by applicable law;
- use the TellyOn Services or the TellyOn Platform in any manner that could damage, disable,
overburden, or impair it, including, without limitation, using the TellyOn Services or the TellyOn
Platform in an automated manner;
- modify, adapt, translate or create derivative works based upon the TellyOn Services and the TellyOn
Platform or any part thereof, except and only to the extent that that this is permissible by
applicable law;
- intentionally interfere with or damage operation of the TellyOn Services or the TellyOn Platform or
any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating
viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive
features;
- use any robot, spider, other automatic device, or manual process to monitor or copy the TellyOn
Platform without prior written permission;
- interfere or disrupt the TellyOn Platform or networks connected to the TellyOn Platform;
- take any action that imposes an unreasonably or disproportionately large load on TellyOn’s
infrastructure/network;
- use any device, software or routine to bypass the TellyOn Platform’s robot exclusion headers,
or interfere or attempt to interfere, with the TellyOn Services;
- forge headers or manipulate identifiers or other data in order to disguise the origin of any content
transmitted through the TellyOn Platform or to manipulate Your presence on the TellyOn Platform;
- sell the TellyOn Services, information, or software associated with or derived from it;
- use the facilities and capabilities of the TellyOn Platform to conduct any activity or solicit the
performance of any illegal activity or other activity which infringes the rights of others;
- breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable
pursuant to the T&Cs;
- provide false, inaccurate or misleading information;
- use the TellyOn Platform to collect or obtain personal information, including without limitation,
financial information, about other users of the TellyOn Platform, except and only as expressly
provided in the T&Cs;
- avail TellyOn Services with what TellyOn reasonably believes to be potentially fraudulent funds;
- use the TellyOn Services in a manner that results in or may result in complaints, disputes,
reversals, chargebacks, fees, fines, penalties and other liability to TellyOn, a third party or You;
- use the TellyOn Services in a manner that TellyOn or any payment card network reasonably believe to
be an abuse of the payment card system or a violation of payment card network rules;
- take any action that may cause TellyOn to lose any of the TellyOn Services from its service
providers or lose any of its recharge partners or business partners, including mobile operators or
telecom companies, payment processors or other suppliers;
- send automated request of any kind to the TellyOn Platform without express permission in advance
from TellyOn.
Termination; Agreement Violations
You agree that TellyOn, in its sole discretion, for any or no
reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of
the TellyOn Services/TellyOn Platform and remove and discard on the TellyOn Platform all or any part of
Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. TellyOn
may also in its sole discretion and at any time discontinue providing access to the TellyOn Services, or
any part thereof, with or without notice. You agree that any termination of Your access to the TellyOn
Services/TellyOn Platform or any account You may have or portion thereof may be effected without prior
notice, and You agree that TellyOn will not be liable to You or any third party for any such termination
or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate
law enforcement authorities. These remedies are in addition to any other remedies TellyOn may have at
law or in equity. Upon termination for any reason, You agree to immediately stop using the TellyOn
Services/TellyOn Platform.
Limitation of Liability and Damages
In no event, TellyOn or its contractors, agents, licensors,
partners or suppliers will be liable to You for any special, indirect, incidental, consequential,
punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost
revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any
nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii)
the TellyOn Services, the TellyOn Platform or any reference site/app/platform/service; or (iv) Your use
or inability to use the TellyOn Services, the TellyOn Platform (including any and all materials) or any
reference sites/app/platform/service, even if TellyOn or a TellyOn authorized representative has been
advised of the possibility of such damages. In no event, TellyOn, directors, employees, agents will be
liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to:
(i) this Agreement; (ii) the SSOID Agreement; (iii) the TellyOn Services, the TellyOn Platform or any
reference site/app/platform/service; or (iv) Your use or inability to use the TellyOn services, the
TellyOn Platform (including any and all materials) or any reference sites/app/platform/service; or (v)
any other interactions with TellyOn, however caused and whether arising in contract, tort including
negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the
portion of the TellyOn Service or the TellyOn Platform giving rise to the cause of action, or beyond or
in excess Rs. 5,000, whichever is less. You acknowledge and agree that TellyOn has offered its products
and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers
and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of
liability set forth herein reflect a reasonable and fair allocation of risk between You and TellyOn, and
that the warranty disclaimers and the limitations of liability set forth herein form an essential basis
of the bargain between You and TellyOn. TellyOn would not be able to provide the services to You on an
economically reasonable basis without these limitations. Applicable law may not completely allow the
limitation or exclusion of liability or incidental or consequential damages, so the above limitations or
exclusions will apply to You subject to applicable law. In such cases, TellyOn’s liability will be
limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination
of this Agreement.
Indemnification
You agree to indemnify, save, and hold TellyOn, its affiliates,
employees, officers, directors and partners harmless from any and all claims, losses, damages, and
liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or
related to: (i) Your use or misuse of the TellyOn Services or of the TellyOn Platform; (ii) any
violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations,
warranties, and covenants made by You herein. TellyOn reserves the right, at Your expense, to assume the
exclusive defense and control of any matter for which You are required to indemnify TellyOn, including
rights to settle, and You agree to cooperate with TellyOn’s defense and settlement of these
claims. TellyOn will use reasonable efforts to notify You of any claim, action, or proceeding brought by
a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph
shall survive termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law,
TellyOn and its third-party partners disclaim all warranties or guarantees – whether statutory,
express or implied – including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether
oral or written, obtained by You from TellyOn or through the TellyOn Services or the TellyOn Platform
will create any warranty or guarantee other than those expressly stated herein. For the purposes of this
Disclaimer, You expressly acknowledge that as used in this section, the term “TellyOn”
includes TellyOn’s officers, directors, employees. You acknowledge that TellyOn is a reseller of
mobile recharges and is not liable for any third party (telecom companies, mobile operators or
suppliers) obligations due to rates, quality and all other instances, whether to any such telecom
companies’ subscribers or otherwise. You expressly agree that use of the TellyOn Services on the
TellyOn Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness
and usefulness of all opinions, advice, services, merchandise and other information provided through the
site or on the Internet generally. TellyOn does not warrant that the TellyOn Services will be
uninterrupted or error-free or that defects in the site will be corrected. The TellyOn Services and the
TellyOn Platform and any data, information, third party software, reference sites, services, or software
made available in conjunction with or through the services and the site are provided on an “as
is” and “as available,” “with all faults” basis and without warranties or
representations of any kind either express or implied. TellyOn, and its partners do not warrant that the
data, TellyOn software, functions, or any other information offered on or through the TellyOn
Services/TellyOn Platform or any reference sites/platforms/apps/services will be uninterrupted, or free
of errors, viruses or other harmful components and do not warrant that any of the foregoing will be
corrected. TellyOn and its licensors, and partners do not warrant or make any representations regarding
the use or the results of the use of the TellyOn Services/TellyOn Platform or any reference
sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You
understand and agree that You use, access, download, or otherwise obtain information, materials, or data
through the TellyOn Services/TellyOn Platform or any reference sites/platforms/apps/services at Your own
discretion and risk and that You will be solely responsible for any damage to Your property (including
Your computer system and mobile device or any other equipment) or loss of data that results from the
download or use of such material or data. We do not authorize anyone to make any warranty on our behalf
and You should not rely on any such statement. This paragraph shall survive termination of this
Agreement. In no event will TellyOn be liable for any incidental, consequential, or indirect damages
(including, but not limited to, damages for loss of profits, business interruption, loss of programs or
information, and the like) arising out of the use of or inability to use the TellyOn Platform.
Ownership; Proprietary Rights
The TellyOn Services and the TellyOn Platform are owned and
operated by TellyOn. The visual interfaces, graphics, design, compilation, information, computer code
(including source code and object code), products, software, services, and all other elements of the
TellyOn Services and the TellyOn Platform provided by TellyOn (hereafter Materials) are protected by
Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other
relevant intellectual property and proprietary rights, and applicable laws. As between You and TellyOn,
all Materials, trademarks, service marks, and trade names contained on the TellyOn Platform are the
property of TellyOn. You agree not to remove, obscure, or alter TellyOn or any third party’s
copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or
accessed in conjunction with or through the TellyOn Services/TellyOn Platform. Except as expressly
authorized by TellyOn, You agree not to sell, license, distribute, copy, modify, publicly perform or
display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized
use of the Materials. TellyOn reserves all rights not expressly granted in this Agreement. If You have
comments regarding the TellyOn Services and/or the TellyOn Platform or ideas on how to improve it,
please contact customer service. Please note that by doing so, You hereby irrevocably assign to TellyOn,
and shall assign to TellyOn, all rights, title and interests in and to all ideas and suggestions and any
and all worldwide intellectual property rights associated therewith. You agree to perform such acts and
execute such documents as may be reasonably necessary to perfect the foregoing rights.
Modification of this Agreement
TellyOn reserves the right to change, modify, add, or remove
portions of this Agreement (each, a change and collectively, changes) at any time by posting
notification on the TellyOn Platform or otherwise communicating the notification to You. The changes
will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall
apply immediately on a going-forward basis with respect to Your use of the TellyOn Platform, availing
the TellyOn Services or for payment transactions initiated after the posting date. If You do not agree
with any such change, Your sole and exclusive remedy is to terminate Your use of the TellyOn
Services/TellyOn Platform. For certain changes, TellyOn may be required under applicable law to give You
advance notice, and TellyOn will comply with such requirements.Your continued use of the TellyOn
Platform following the posting of changes will mean that You accept and agree to the changes.
Notice
TellyOn may provide You with notices and communications by
e-mail, SMS, push notifications, regular mail or postings on the TellyOn Platform or by any other
reasonable means. Except as otherwise set forth herein, notice to TellyOn must be sent by courier or
registered mail to TellyOn Media Private Limited, 185, 1st Floor ,Vinoba Puri, Lajpat Nagar-II,
Delhi-110024
TWaiver
The failure of TellyOn to exercise or enforce any right or
provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any
provision of this Agreement will be effective only if in writing and signed by TellyOn.
Dispute Resolution
If any dispute, controversy or claim arises under this Agreement
or in relation to any TellyOn Service or the TellyOn Platform, including any question regarding the
existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties
shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to
resolve the Dispute amicably within 30 days of the notice of such Dispute, TellyOn 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
TellyOn 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 TellyOn (or any of our agents,
suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be
confidential, and neither You nor TellyOn 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 TellyOn. In all
arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall
survive termination of this Agreement.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, You agree that
any claim or dispute You may have against TellyOn must be resolved by a court having jurisdiction in New
Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi,
India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by
Indian law. This paragraph shall survive termination of this Agreement.
Severability
If any provision of this Agreement is held to be unlawful, void,
invalid or otherwise unenforceable, then that provision will be limited or eliminated from this
Agreement to the minimum extent required, and the remaining provisions will remain valid and
enforceable.
Survival
Upon termination of this Agreement, any provision which, by its
nature or express terms should survive, will survive such termination or expiration as applied to
transfers and relationship prior to such termination or expiration.
Headings
The heading references herein are for convenience purposes only
and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the
provisions hereof.
Entire Agreement
This Agreement is the entire agreement between You and TellyOn
relating to the subject matter hereof and this Agreement will not be modified except by a change to this
Agreement made by TellyOn in accordance with the terms of this Agreement.
Bill Payments and Digital Products Terms & Conditions
Please read the following terms and conditions carefully before
registering on, accessing, browsing, downloading or using the TellyOn website/Application located at
TellyOn.com, and all associated sites linked to TellyOn.com, or the TellyOn mobile application or any
similar platform (hereinafter collectively, the TellyOn Platform) run by TellyOn Media Private Limited,
185, 1st Floor,Vinoba Puri, LajpatNagar-II, Delhi-110024) on any device and/or before availing any
travel, recharge or bill payment or digital products related services offered by TellyOn on the TellyOn
Platform (hereinafter, individually TellyOn Digital Service and collectively, the TellyOn Digital
Services).
Eligibility Conditions
The TellyOn Digital Services are not available to persons under
the age of 18 or to anyone previously suspended or removed by TellyOn from availing the TellyOn Digital
Services or accessing the TellyOn Platform. By accepting the T&Cs or by otherwise using the TellyOn
Digital Services on the TellyOn Platform, You represent that You are at least 18 years of age and have
not been previously suspended or removed by TellyOn, or disqualified for any other reason, from availing
the TellyOn Bill Payment and Digital Goods Services or using the TellyOn Platform. In addition, You
represent and warrant that You have the right, authority and capacity to enter into this Agreement and
to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or
entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or
entity. Finally, in the event of any violation of the T&Cs, TellyOn reserves the right to suspend or
permanently prevent You from availing TellyOn Digital Services or using the TellyOn Platform.
TellyOn Recharges
TellyOn is only an interface for digital cable tv and broadband
services. TellyOn or its related entities do not provide services and is only an interface of services
which are ultimately provided by digital cable tv and broadband service providers (hereafter Service
Providers ) or by other distributors or aggregators of such Service Providers. TellyOn or its related
entities is not a warrantor, insurer, or guarantor of the services to be provided by the Service
Providers. Any disputes regarding the quality, cost, expiration, or other terms of the services must be
handled directly between You (or the recipient of the services) and the Service Provider. The terms and
conditions set out in this section are applicable, mutatis mutandis, to other products available on the
TellyOn Platform .TellyOn or its related entities will not be responsible for any failure on the part of
any of its recharge partners in effecting a recharge.
Refund Policy
All sales of prepaid recharge on the TellyOn Platform are final
with no refund or exchange permitted. You are responsible for the mobile number or account number for
which You purchase the prepaid recharge and all charges that result from those purchases. You are also
responsible for the information for recharge and all charges that result from those purchases. TellyOn
is not responsible for any purchase of prepaid recharge for an incorrect mobile number or account number
information. However, if in a transaction performed by You on the TellyOn Platform, money has been
charged to Your card or bank account and a recharge is not delivered within 72 hours of the completion
of the transaction, then You shall inform us by sending an e mail to our customer services e mail
address mentioned on the ‘Contact Us’ page on the TellyOn Platform. Please include in the
e-mail the following details – the mobile number , operator name, recharge value, transaction date
and order number. TellyOn will investigate the incident and, if it is found that money was indeed
charged to Your card or bank account without delivery of the recharge, then You will be refunded the
money within 21 working days from the date of receipt of Your e mail.
Bill Payments
In order to use the bill payments service or any other TellyOn
Service, You will need to obtain access to the World Wide Web or the Internet, either on a computer or
on any other device that can access web-based content, and You will also need to pay any service fees
associated with such access. In addition, You must have all equipment necessary to make such connection
to the World Wide Web or the Internet, including a computer and a modem or any other set of access
devices. TellyOn and/or the TellyOn business partner (including TellyOn’s bill payment partners)
reserve the right to charge and recover from You, such fees for availing the service as the case may be.
These charges shall be effective from the time when they are posted on the TellyOn Platform or on the
TellyOn business partner’s channel/portal/website through which You are availing the specific
service. You are bound by such revisions and should therefore visit the TellyOn Platform or check with
the TellyOn business partner’s channel/portal/website through which You are availing the specific
service in order to review the applicable fees which may vary from time to time. In the event that You
stop or seek a reversal of the payment instructions as may have been submitted, TellyOn shall be
entitled to charge and recover from You and You shall be liable to pay such charges to the bill payment
service provider as may be decided by TellyOn. These charges shall be charged on to Your designated
payment account or in any other manner as may be decided by TellyOn. TellyOn offers a convenient and
secure way to make payments towards identified biller(s) using a valid payment account. Depending upon
the TellyOn business partner through whom the specific service is availed by You (i) the specific
features of the service may differ; (ii) the number of billers available over the service may differ;
(iii) the type and range of payment accounts that can be used to issue a payment instructions may
differ; (iv) the modes/devices over which the service can be accessed may differ; and (v) the charges,
fees for availing the service or any aspect of the service may differ. Specific details related to these
aspects would be available with the TellyOn business partner on their channel/portal/website over which
the service is being availed. From time to time, TellyOn, at its sole discretion, can add to or delete
from such list of billers or types of payment accounts that can be used in respect of making payments to
a biller. The type and range of payment accounts that can be used for making payments may differ for
each biller depending on biller specifications. There may be additional fees/charge when using certain
types of payment accounts in respect of a biller. The terms upon which a payment can be made to a biller
can differ depending on whether a card or a bank account is used to issue the payment instruction.
Further, depending on the specific facilities allowed by a TellyOn business partner, payments to a
biller can be made either (a) by issuing a payment instruction for an online debit/charge to a payment
account or (b) by scheduling an automated debit to a payment account. In using the bill payment service,
You agree to:
- provide true, accurate, current and complete information about Yourself
(“RegistrationData”), Your payment account details (“Payment Data”),
Your biller details (“Biller Data”); and
- maintain and promptly update the Registration Data, Payment Data and Biller Data 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 TellyOn has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, TellyOn has the right to suspend or
terminate Your account and refuse any and all current or future use of the TellyOn Services/TellyOn
Platform (or any portion thereof). The term biller includes telecom operators.
TellyOn assumes no responsibility and shall incur no liability
if it is unable to affect any payment instruction(s) on the payment date owing to any one or more of the
following circumstances:
- If the payment instruction(s) issued by You is/are incomplete, inaccurate, invalid and delayed;
- If the payment account has insufficient funds/limits to cover for the amount as mentioned in the
payment instruction(s);
- If the funds available in the payment account are under any encumbrance or charge;
- If Your bank or the National Clearing Centre refuses or delays honouring the payment instruction(s);
- If payment is not processed by biller upon receipt;
- Circumstances beyond the control of TellyOn (including, but not limited to, fire, flood, natural
disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown
due to an unforeseeable cause or interference from an outside force).
Coupon Redemption
In addition to the T&Cs, coupon redemption is subject to
standard and specified terms and conditions mentioned by respective retailers. Coupons are issued on
behalf of respective retailers. Hence, any damages, injuries, losses incurred by the You as a result of
using the coupon is not the responsibility of TellyOn and its affiliates, and each of their directors,
officers, employees. Total cashback for a user cannot be more than 50% of his payments or Rs 10,000,
whichever is higher. This term supersedes any offer related to any other TellyOn Service.
Dispute Resolution
If any dispute, controversy or claim arises under this Agreement
or in relation to any TellyOn Service or the TellyOn Platform, including any question regarding the
existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties
shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to
resolve the Dispute amicably within 30 days of the notice of such Dispute, TellyOn 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
TellyOn 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 TellyOn (or any of our agents,
suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be
confidential, and neither You nor TellyOn 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 TellyOn. In all
arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall
survive termination of this Agreement.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, You agree that
any claim or dispute You may have against TellyOn must be resolved by a court having jurisdiction in New
Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi,
India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by
Indian law. This paragraph shall survive termination of this Agreement.
TellyOn’s Role
We are not a party to any transactions with Retailers, and are
not the seller or supplier of any of the goods or services that they make available. Thus, we do not
have any of the legal obligations that apply to the sellers of those goods or services.
Accordingly, we have no control over or responsibility for:
the quality, safety, or legality of those goods or services
available from Retailers; or
whether the Retailer can or will supply and pass good title to any
goods or services.
Members should exercise no lesser degree of caution in entering
into transactions with Retailers than they would when entering into a similar transaction offline. To
the extent that the Applicable Law permits, you release us, our agents and employees from all liability
arising out of or in connection with any transactions with Retailers, including (without limitation) all
claims and demands relating to uncompleted or completed transactions with Retailers, or goods or
services offered for sale or supply, or actually sold or supplied, through or in connection with any
transactions with Retailers.