Services herein shall mean the payment services availed by You as an end user ("You/End User") through WEALTHSPACEONLINE ( Wallet) which is a semi-closed prepaid instrument, operated under the authorisation granted by RBI under Payment and SettlementW System Act 2007, and shall be linked to Your registered mobile number after Your registration on Wallet. The payment services shall include money transfer services. For the purpose of availing the Services, You will be required to register Yourself upon providing certain information. Upon verification and successful registration, Your user account ("User Account") will get created in the form of a mobile wallet through which You will be able to avail the Services.
4. PROPRIETARY RIGHTS AND LICENCE
4.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Website and Services, any name, mark or logo related to WEALTHSPACEONLINE and/or the Services are owned either directly by WEALTHSPACEONLINE or WEALTHSPACEONLINE’s licensors. You should not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of these marks and logos. You agree and acknowledge that the access and use of the Services and Website shall not be construed to confer on You any rights of any nature including rights in any form of intellectual property contained in the Services and/or Website or related to WEALTHSPACEONLINE. If in the course of accessing and using the Services and Website, You even unintentionally infringe the rights including rights in any form of intellectual property of WEALTHSPACEONLINE or WEALTHSPACEONLINE’s licensors in the Services, You shall immediately cease and desist any such use.
4.2. You agree and confirm that You shall not at any time reveal or make public any and all proprietary and/or confidential information relating to WEALTHSPACEONLINE, its business, the Services, that You may gain access to during the course of accessing and using the Services. Except as expressly authorized by WEALTHSPACEONLINE, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content comprised in the Website or Services, in whole or in part. You agree and confirm that You shall not at any time reveal or make public any and all proprietary and/or confidential information relating to WEALTHSPACEONLINE, its business, the Services, that You may gain access to during the course of accessing and using the Services. Except as expressly authorized by WEALTHSPACEONLINE, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content comprised in the Website or Services, in whole or in part.
5. CONDITIONS OF USE
5.1. The Website and the Services are not available to persons under the age of 18 or to anyone previously suspended or removed from the Services by WEALTHSPACEONLINE. By accepting these Terms and/or by using the Website/Services, You represent that you are at least of the age of 18 years.
5.2. The Website and the Services here under are currently made available to You for Your personal and non-commercial use. WEALTHSPACEONLINE reserves the right to amend or withdraw the Website and the Services, provided to You in accordance with these Terms, at any time and for any reason.
5.3. You acknowledge that the terms of agreement with Your respective telecom or internet service provider will continue to apply when using the Services. As a result, You may be charged by the respective telecom or internet service provider for access to network connection services for the duration of the connection while accessing the Website and the Services or any such third party charges as may arise. You accept responsibility for any such charges that arise, and shall not claim the same from WEALTHSPACEONLINE or dispute the same.
5.4. If you are not the bill payer for the internet services provided by the telecom operator/internet service provider being used to access the Services, You will be assumed to have received permission from the bill payer for using the Services.
5.5. You are solely responsible for your use of the Services. WEALTHSPACEONLINE does not create, monitor, examine or inspect the content delivered to You through the Services, if any. Such content may include links to third-party websites and content. The linked content is not under WEALTHSPACEONLINE’s control and WEALTHSPACEONLINE is not responsible whatsoever for the content of any such linked content. The content does not represent or reflect any advice, views, opinions or beliefs of WEALTHSPACEONLINE.
5.6. You must only use the Services and anything available via the Services for lawful purposes (complying with all Applicable Laws), in a responsible manner, and not in a way that might damage WEALTHSPACEONLINE’s name or reputation or that of any of WEALTHSPACEONLINE’s affiliates or service providers. You agree and acknowledge that the use of the information delivered to You through the Services is Your sole responsibility and that WEALTHSPACEONLINE shall not at any time be held responsible for any unlawful usage of the information secured through the Services, by You.
5.8. You will not, nor allow third parties on Your behalf to (i) make and distribute copies of the Website (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website; or (iii) create derivative works of the Website of any kind whatsoever.
5.9. You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
(j) . shall not be false, inaccurate or misleading;
6. CONDITIONS OF USE SPECIFIC TO THE SERVICES
You agree and acknowledge the following:
A. You agree to pay all fees and charges which are specified for availing any fee based Services. Unless otherwise noted, all currency references are in Indian Rupees.
B. WEALTHSPACEONLINE may, upon notice if required by applicable laws, at any time change the amount of, or the basis for determining, any fee or charge, or institute new fees or charges.
C. All taxes, levies, cesses or statutory claim for the charge or fee paid to WEALTHSPACEONLINE shall be borne and paid by you, whether past, present or future, including penalties or claims of any nature whatsoever.
D. The cost of connectivity including but not limited to voice calls, GPRS activation charges, internet charges and charges for sending/receiving SMS from designated numbers will be borne by You as per the charges specified by Your respective service providers.
xi) Refund of amount loaded/reloaded in User Account, as the case may be, will be done in accordance with regulatory framework prevailing and as amended from time to time.
7. Collection of End User Information
You agree and acknowledge that WEALTHSPACEONLINE may collect IP address and Website usage information from You . WEALTHSPACEONLINE may use the above information, inter alia
· To maintain, operate, provide and enhance our Website and Services; and
· To comply with legal requirements or process, or where necessary to prevent or investigate fraud, to protect the safety of an individual. WEALTHSPACEONLINE may share Your personally identifiable information with suppliers, subcontractors, vendors and other businesses that we employ to perform functions on our behalf. For example, WEALTHSPACEONLINE may employ third parties to send email campaigns or provide marketing assistance, or provide customer service. These entities have access to Your information only for the purposes of performing the functions for which we have engaged them. If such entities have access to Your personally identifiable information, their agreements with us require them to keep Your information confidential.
8.1. WEALTHSPACEONLINE will use reasonable efforts to make the Services available at all times. However You acknowledge the Services are provided over networks of internet service providers and dependent on them , so the quality and availability of the Services may be affected by factors outside of WEALTHSPACEONLINE’s reasonable control. In the event the Services are unavailable to You for any factors not attributable to WEALTHSPACEONLINE and due to any reasons attributable to any third party service provider, WEALTHSPACEONLINE shall not be responsible for the same in any event whatsoever.
8.2. You hereby agree and confirm that WEALTHSPACEONLINE shall not be held liable for any unavailability or non-functionality of the Website or Services due to war, industrial action, flood, or act of God. You further agree and confirm that WEALTHSPACEONLINE shall not be responsible for any disruption in the functionality of the Services and/or any unavailability in the Services, arising due to the internet service provider and/or any other third party, and/or any intermediary who may deliver the Services to You and that You shall not hold WEALTHSPACEONLINE liable for any of the same.
9. SYSTEM REQUIREMENTS
9.1. In order to access and use the Services, You are required to have a mobile, computer or laptop or any compatible device with internet connectivity.
9.2. It is Your responsibility to ensure Your device meets all the necessary technical specifications to enable You to access and use the Services.
11. LIMITATION OF LIABILITY
WEALTHSPACEONLINE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES WILL NOT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO ACCESS AND USE THE WEBSITE OR THE SERVICES, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT OR ERROR MADE BY WEALTHSPACEONLINE'S STAFF, OR FROM YOUR RELIANCE ON CONTENT DELIVERED THROUGH THE SERVICES, OR FROM ANY COMMUNICATION WITH WEALTHSPACEONLINE OR FROM ANY DENIAL OR CANCELLATION OF REQUEST FOR INFORMATION THROUGH THE SERVICES, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT THROUGH THE SERVICES, REGARDLESS OF WHETHER WEALTHSPACEONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.1 LIMITED LIABILITY OF A PPI CUSTOMER
1) Zero liability of a PPI Holder
· In case contributory fraud/ negligence/ deficiency on the part of the PPI Issuer (irrespective of whether or not the transaction is reported by the PPI Holder).
· Third party breach where the deficiency lies neither with the PPI Issuer nor with the PPI holder but lies elsewhere in the system, and the customer notifies the PPI issuer within three working days of receiving the communication from the PPI issuers regarding the unauthorised transaction.
2) Limited Liability of a PPI Holder
· In cases where the loss is due to negligence by a PPI Holder, such as where he has shared the payment/login credentials, the customer will bear the entire loss until he reports the unauthorised transaction to the PPI issuer. Any loss occurring after the reporting of the unauthorised transaction shall be borne by the PPI issuer.
· In cases where the responsibility for the unauthorised electronic banking transaction lies neither with the PPI Issuer nor with the PPI holder, but lies elsewhere in the system and when there is a delay (of four to seven working days after receiving the communication from the PPI Issuer) on the part of the PPI holder in notifying the PPI Issuer of such a transaction, the per transaction liability of the customer shall be limited to the transaction value or the amount of Rs.10000, whichever is lower.
Further, if the delay in reporting is beyond seven working days, the customer liability shall be determined as per the PPI Issuer Board approved policy.
PPI Holder Liability
Time taken to report the fraudulent transaction from the date of receiving the communication
PPI Holder liability (?)
Within 3 working days
Within 4 to 7 working days
The transaction value or the amount of Rs.10000, whichever is lower
Beyond 7 working days
As per company Board approved policy
12. DISCLAIMER OF WARRANTIES
12.1. EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS, WEALTHSPACEONLINE EXPRESSLY DISCLAIMS ANY OTHER WARRANTY WITH RESPECT TO THE USE OF THE WEBSITE/SERVICES OR ANY CONTENT OR INFORMATION DELIVERED OR SENT THROUGH THE SERVICES TO YOU. THE SERVICES ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELIABILITY OF THE INFORMATION DELIVERED THROUGH THE SERVICES. WEALTHSPACEONLINE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SERVICES. WEALTHSPACEONLINE DOES NOT WARRANT OR GUARANTEE THAT THE USE OF THE SERVICES WILL NOT CAUSE ANY DAMAGES TO YOUR MOBILE PHONE, COMPUTER/LAPTOP AND ANY OTHER COMPATIBLE DEVICE OR TO ANY OTHER SERVICES PROVIDED TO YOUR MOBILE PHONE, COMPUTER/LAPTOP AND ANY OTHER COMPATIBLE DEVICE OR WEBSITE AND CONTENT THAT RESIDE ON YOUR MOBILE PHONE, COMPUTER/LAPTOP AND ANY OTHER COMPATIBLE DEVICE. YOU AGREE AND ACKNOWLEDGE THAT THE USE, AND ACCESS OF THE SERVICES IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
12.2. WEALTHSPACEONLINE DOES NOT WARRANT OR GUARANTEE THAT THE WEBSITE AND SERVICES WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR FREE FROM ERRORS OR THAT THE SERVICES WILL BE IMMUNE FROM UNAUTHORIZED ACCESS.
12.3. WEALTHSPACEONLINE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT YOU WILL FIND THE SERVICES SUITABLE FOR YOUR NEEDS. WEALTHSPACEONLINE DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION YOU RECEIVE TO YOUR MOBILE, COMPUTER/LAPTOP AND ANY OTHER COMPATIBLE DEVICES WILL BE FREE FROM TECHNICAL INACCURACIES.
12.4. WEALTHSPACEONLINE CANNOT AND DOES NOT GUARANTEE THAT THE WEBSITE AND/OR SERVICES WILL BE FREE FROM VIRUSES AND/OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. IT IS YOUR RESPONSIBILITY TO IMPLEMENT APPROPRIATE SECURITY SAFEGUARDS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISY YOUR PARTICULAR REQUIREMENTS AS TO THE SAFETY AND RELIABILITY OF THE SYSTEM.
You agree to indemnify and hold WEALTHSPACEONLINE, the licensors, business partners of WEALTHSPACEONLINE or the service providers and their respective officers, directors, shareholders, employees, sub-contractors, agents, parent companies, sister companies, subsidiaries and other affiliates, indemnified and harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Website or Services, any unauthorised use of the Website/Services by You, Your violation of these Terms, or Your violation of any rights including rights in any form of intellectual property of any third party and/or any violation of applicable law by You.
14. AMENDMENTS TO THE TERMS
WEALTHSPACEONLINE may amend and modify this Terms from time to time, including any and all documents and policies incorporated thereto without any prior notice to You. You agree to be bound by any of the changes made in the Terms, including changes to any and all documents and policies incorporated thereto. Continuing to access and use the Services will indicate Your acceptance of the amended Terms. If You do not agree with any of the amended Terms, then You must avoid any further use and access of the Services. WEALTHSPACEONLINE advises You to periodically read these Terms, as it may change from time to time.
15. ENTIRE AGREEMENT
16. GOVERNING LAW AND JURISDICTION
16.1. These Terms shall be governed by the laws of India. You and WEALTHSPACEONLINE agree to submit to the personal and exclusive jurisdiction of the courts of Bangalore, Karnataka. In case of any dispute or other matter arising in reference to the Terms and/or the Services, such dispute or other matter shall be referred to a sole arbitrator appointed by WEALTHSPACEONLINE and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Bangalore, Karnataka, and shall be conducted in English language. All the costs, charges and expenses in connection to the arbitration shall be solely borne by the End User who raised the dispute.
16.2.Subject to the provisions of clause 17.1 above, the courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all the matters which the court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Bangalore, Karnataka.
17. WAIVER AND SEVERABILITY OF TERMS
The failure of WEALTHSPACEONLINE to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree and confirm that the indemnities, confidentiality obligations, limitation of liability, disclaimer of warranties, dispute resolution mechanism, shall survive the efflux of time.
You agree and acknowledge that Your relationship with WEALTHSPACEONLINE is not a confidential, fiduciary or other special relationship.
20. GRIEVANCE REDRESSAL AND GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are as under:
Name: Sumanth S
Contact telephone number: 080-48143742 between 10:00 AM and 6:00 PM, Monday to Saturday except public holiday
In case You have any complaints or grievance, You may either contact or write to the Grievance Officer on the contact details, as above with a copy to email@example.com. You can read our Customer Grievance Policy at https://www.WEALTHSPACEONLINE.com/customerGrievance
If You believe any materials accessible on or from this Website infringe Your copyright, You may request removal of those materials (or access thereto) from this Website by contacting Grievance Officer as specified above and by providing the following information:
21. Please submit any questions
Wealth Space Consultants Pvt Ltd
132/A, 2nd Floor, 80 Ft Road.
Opp Canara Bank. Ashwath Nagar,
RMV 2nd Stage, Bangalore - 560094