These terms and conditions (Terms and Conditions) shall apply to and govern the commercial arrangement between AJISH ONLINE SERVICE PROVIDER (herein after referred as "ELC ADHAR” ) and the Retailer/Distributor/Master Distributor/State Head. These Terms and Conditions and any attachments hereto represent the entire agreement between ELC ADHAR and the Retailer/Distributor/Master Distributor/ State Head and no changes to the same are binding unless they are in writing and intimated by the authorized representative of ELC ADHAR.
" AJISH ONLINE SERVICE PROVIDER " herein called as “ELC ADHAR” is a digital financial facilitation service provider, a company incorporated under the Companies Act, 2013 (hereinafter referred to as the Company/ELC ADHAR which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns).
OPERATION OF THE RETAIL /Distributor/Master Distributor/ State Head OUTLET
1. During the Term, the Retailer/Distributor/Master Distributor/ Super Distributor shall render the services ("Services") of ELC ADHAR, by and through such of its officers, employees. agents, representatives and affiliates as it shall designate, from time to time. Notwithstanding anything contrary contained in these Terms and Conditions, ELC ADHAR shall have the right at any time, to modify, alter and amend the lists of Services, including the manner, procedure, process in which the Retailer/Distributor/Master Distributor/ State Head will be required to perform the Services and the Retailer/Distributor/Master Distributor/ State Head shall be bound by all such modifications, alterations and amendments made by ELC ADHAR
2. The Retailer/Distributor/Master Distributor/ State Head shall only market, distribute sell or promote such ELC ADHAR Services as are permitted expressly by ELC ADHAR. The Retailer/Distributor/Master Distributor/ State Head shall not automatically have the right to market, sell, distribute, or promote any product or service that may be provided by other retail outlets, whether in the present or in the future. In the event of any addition to the Services, ELC ADHAR may, at its sole discretion, intimate the Retailer/Distributor/Master Distributor/ State Head that the Retailer/Distributor/Master Distributor/ State Head is entitled to sell, market, distribute and promote such product or service. ELC ADHAR shall also have the right to direct the Retailer/Distributor/Master Distributor/ State Head to discontinue providing any of the ELC ADHAR Services at the Retail Outlet without assigning any reason whatsoever.
3. ELC ADHAR shall specify to the Retailer/Distributor/Master Distributor, State Head, the necessary infrastructure and equipment including but not limited to computer terminals, peripherals attachments, internet and broadband connectivity, mobile device and/or any such device with GPRS connectivity, HTML enabled, which is compatible enough to run ELC ADHAR Software/Services etc. for effectively providing the ELC ADHAR Services, which the Retailer/Distributor/Master Distributor/ State Head shall acquire at its sole expense. In case of the MPOS Application, the Retailer/Distributor/Master Distributor/ State Head shall be entitled to install the ELC ADHAR Software on that particular mobile device and/or any such other device, which is proposed to be registered with ELC ADHAR for availing ELC ADHAR Services, and no other mobile/device of the Retailer/Distributor/Master Distributor/ shall have such Software installed unless registered under the terms and conditions of this Agreement Further, the Retailer/Distributor/Master Distributor/ State Head shall prominently display the ELC ADHAR signage, signboards, logos, etc at a prominent place in the Retail Outlet, strictly in accordance with the directions issued by ELC ADHAR in this regard.
4. Upon satisfactory installation and operation of the necessary equipment and peripherals, ELC ADHAR shall, subject to these Terms and Conditions, install the necessary software and other ELC ADHAR Intellectual Property to enable the provision of the Services. All Services shall be provided solely through the portal of ELC ADHAR or are recorded therein and no offline transactions are permitted and/or no such fake/false receipts should be issued by the Retailer/Distributor/Master Distributor for the willful fraud transaction done by the Retaller/Distributor/Master Distributor/ State Head which are not transacted through ELC ADHAR Software/portal. However, if any Retailer/Distributor/Master Distributor / State Head is found and/or discovered doing any such malicious/wrong/willful/fraudulent acts and/or offline transactions, it shall be liable and charged for such civil/penal and criminal acts by and under but not limited to the Indian Penal Code 1860 and Criminal Procedure Code 1973.
5. The Retailer/Distributor/Master Distributor/ State Head shall obtain all necessary license(s), permits and approvals for selling, distributing, marketing and promoting the Services from the Retail Outlet and shall bear all costs and incidental expenses incurred in this regard, including without limitation all fees for application, license fees, charges and taxes.
6. The Retailer/Distributor/Master Distributor/ State Head shall keep the Retailer/Distributor/Master Distributor/ State Head Outlet open for business during normal business hours, or as permitted by law or such other time period as ELC ADHAR may specify from time to time.
7. The Retailer/Distributor/Master Distributor/ State Head shall ensure that the Retail Outlet is utilized for the purpose of rendering the Services in accordance with these Terms and Conditions. The Retailer/Distributor/Master Distributor/ State Head shall further ensure that and shall not cause or permit.
any material that may not be made available to the public under applicable law, including without limitation any vulgar, obscene, pornographic, misleading, defamatory, libelous, offensive, derogatory, threatening, harassing, abusive or violent content, to be made available in the Retail Outlet or.
any activities that are proscribed under law or reasonably considered to be immoral or against public interest.
8. ELC ADHAR may, at its sole discretion and with or without consideration, provide training manuals, technology support, ongoing advice and assistance to the Retailer/Distributor/Master Distributor/ State Head and designated employees of the Retailer/Distributor/Master Distributor/ State Head, including, provision of brochures, pamphlets charts, signboards, signage and other materials for the purposes of advertisement, promotion and marketing the Services. Any materials supplied by ELC ADHAR shall be utilized solely in relation to the provision of Services and the Retailer/Distributor/Master Distributor/ State Head shall ensure that such materials are not utilized for any other purpose.
9. The Retailer/Distributor/Master Distributor/ State Head shall not encroach/poach upon the areas of operation of other neighboring Retailer/Distributor/Master Distributors/ State Head appointed by ELC ADHAR or act in any manner which will prejudice the business prospects of neighboring Retailer/Distributor/Master Distributors/ State Head appointed by ELC ADHAR.
10. In this Terms of Use, unless the contrary intention appears and/or the context otherwise requires, capitalised 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, recognized stock exchange, as may be applicable including but not limited to Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial Services by Banks, Business Correspondent Guidelines issued by RBI from time to time, Payment & Settlement Systems Act, 2007, Payment & Settlement Systems Regulations, 2008, Policy Guidelines on Issuance and operation of Pre-paid Payment Instruments in India, and any other guideline in relation to pre-paid cards issued from time to time by Reserve Bank of India and in each case, any implementing regulation or interpretation issued thereunder including any successor Applicable Law.