Terms & Conditions
Please read the following terms and conditions before registering and using the services offered by the site. By accessing or using the Site or using the services on this site, you agree to be bound by these terms and conditions set out below, including additional guidelines and future amendments. If at any time you disagree with these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of services. Your Agreement to these Terms and Conditions for availing Service
In this document, unless the context otherwise requires, the word and expressions shall have the meanings described herewith-
- XtraRecharge ™, is a trademark of Internet Evakart ™ OPC Private Limited, Bangalore, India brand.
- Affiliate Site (s) - means web pages, websites, mobile sites and online platforms Evakart Internet OPC Pvt. Ltd (EvakartInter.Net, Evakart.com, Evakart.in, extraTalkTime.com, extraTalkTime.in, XtraTalkTime.com, XtraTalkTime.in, XtraRecharge.in) payment instrument provided by Avenues India Private Limited, and any other subsidiary can be determined by Evakart from time to time.
- "Customer" or "You" means that the user registered XtraRecharge account.
- "Merchant (s)" means the seller (s), retailers or the marketplaces or other business entities which allow customers to use the XtraRecharge account on their website, mobile site, mobile application or institutions.
- "Terms and Conditions" means these conditions.
- "Website" means the website with domain https://www.XtraRecharge.com, mobile site, or online interphase. "
The service can be used by you subject to your compliance with the terms and conditions set out below, including the relevant policies. XtraRecgarge, reserves the right, in its sole discretion, to modify, add or delete parts or all of these terms and conditions at any time without notice. You re-visit the "Terms" link time to time to stay until the date of any change that the "Site" can introduce.
The services are not available to persons previously suspended or withdrawn services per site XtraRecharge. By accepting these Terms or otherwise using the Services or the Site, you represent that you have not been suspended or withdrawn services. You represent and warrant that you have the right, authority and capacity to enter into this agreement and to comply with all terms and conditions of this Agreement. You must not impersonate any person or entity, or falsely or inaccurately identity, affiliation with any person or entity.
Recharge & Billpayment Services
We are a Reseller Only. XtraRecharge does not provide mobile/DTH/DataCard recharge and billpayment services and is only a reseller of all the services by telecommunications service providers distributors or aggregators of telecommunioncation and billpayment services. XtraRecharge is not a warrantor, insurer, or guarantor of the services to be provided by the such distributors. Recharge services and Billpayment services, sold by us to you is sold without recourse against us for any breach of contract by the distributors. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between You (or the recipient of the Recharge) and the distributor. XtraRecharge will help in coordinating with such distributors to help our customers.
- By accepting the terms and conditions the customer accepts that XtraRecharge may send the alerts to mail id and the mobile phone number provided while registering for the service or to any such maild id and/or number replaced and informed by the customer.
- XtraRecharge will do its best to provide the service and it will be considered that the customer has received the information sent by XtraRecharge as an alert on mail id and the mobile phone number provided during charging and XtraRecharge should not be obliged to confirm the authenticity of the person receiving the alert. Customer can not hold XtraRecharge responsible for non-availability of the service in any way whatsoever.
- The customer acknowledges that the email and SMS alert services provided by XtraRecharge is an additional facility provided for the customer's convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, XtraRecharge shall be immediately informed about the same by the customer and XtraRecharge will make best possible efforts to rectify the errors as early as possible. The customer shall not hold XtraRecharge liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the email/SMS facility.
- The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. XtraRecharge shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
- The customer acknowledges that the clarity, readability, accuracy in the different language translations provided by XtraRecharge is an additional facility provided for the costomer's convenience and it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the translated content provided in the site, SMS and email, XtraRecharge shall be immediately informed about the same by the customer and XtraRecharge will make best possible efforts to rectify the errors as early as possible. The customer shall not hold XtraRecharge liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the multilingual facility.
- The customer agrees to indemnify and hold harmless XtraRecharge, the telecom service providers, billpayment service providers and SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which XtraRecharge, the telecom service providers, billpayment service providers and SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number/mail or providing a number/mail that belongs to that of an unrelated third party.
- Customer also agrees to receive information regarding what XtraRecharge perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the customer does not want such information, they have to explicitly ask to be excluded by contacting XtraRecharge via Contact Us form.
Use of Site
You understand that except for information, services clearly indicated as being supplied by the XtraRecharge, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that XtraRecharge cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
By using the Services you agree not to -
- use the Services for any purposes other than to the Services offered by XtraRecharge explicitly and specifically on a as is basis, in accordance with these Terms and Conditions.
- impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise use any services offered 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 Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if you are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law.
- forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site.
- sell the Services, information, or software associated with or derived from it.
- use the services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the services in an automated manner.
- modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation.
- intentionally interfere with or damage operation of the Services 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.
- post or transmit any message which is offensive, defamatory or which discloses private or personal matters concerning any person.
- refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to XtraRecharge if needed.
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services.
- reverse engineer, decompile, disassemble or attempt to discover the source code of the Services or any part thereof, except to the extent that this prohibition is expressly prohibited by applicable law notwithstanding this limitation.
- use any automated tool, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission
- send automated request of any kind to the Site’s system without express permission in advance from XtraRecharge.
- interfere or disrupt this Site or networks connected to this Site.
- take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network.
- use any device, software or routine to bypass the Site’s automated tool exclusion headers, or interfere or attempt to interfere, with the Services
- use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
- breach this Agreement or any other XtraRecharge agreement or policy.
- provide false, inaccurate or misleading information.
- use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to XtraRecharge, a third party or you.
- use the Services in a manner that XtraRecharge or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules.
Any disputes arising under or from this Agreement between the Parties shall be referred to and settled by arbitration in accordance with the Arbitration and Conciliation Act of India, 1996. The venue of arbitration shall be Bangalore, Karnataka, India. The arbitration proceedings shall be in English language. The award shall be substantiated in writing. The court of arbitration shall also decide on the costs of the arbitration proceedings. The award shall be binding on the disputing Parties subject to applicable laws and the award shall be enforceable in any competent court of law. The provisions of this Clause shall survive the termination of this Agreement for any reason whatsoever.
Governing Law and Jurisdiction
This Agreement shall be governed by the laws of India and the Parties agree to subject themselves to the exclusive jurisdiction of the courts in Bangalore.