Terms & Conditions of Use (Oxigen eWallet)
The access and use of this website http://www.oxicash.in is subject to the following terms and conditions of use ("Conditions" and/or "Terms"). If you do not agree to abide by the Conditions, please do not review, refer or download materials from this website.
Oxigen eWallet is an initiative of Oxigen Services (India) Private Limited ("OSIPL"), which has several web-sites viz. www.oxitravel.in, www.oxicash.in and/or all web-sites owned by OSIPL (collectively referred to as "OSIPL sites" or "OxiCash web-sites")
OSIPL may modify these Terms at any time without notice to you by posting revised Terms on its web-sites. Your use of its web-sites constitutes your binding acceptance of these Terms, including any modifications that OSIPL make. Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
OSIPL have the right, but not the obligation, to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend, or terminate your access to all or any part of its Services;
2. Change, suspend, or discontinue all or any part of its Services;
3. Refuse, move, or remove any material that you submit to its web-sites for any reason;
4. Refuse, move, or remove any content that is available on its web-sites;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of its web-sites.
You agree that OSIPL will not be liable to you or any third party for taking any of these actions.
You understand and agree that its Services may include communications such as service announcements and administrative messages from OSIPL or from its partners or licensors or associates and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that its Services may include advertisements unless you have opted out by signing for Do Not Disturb registry for non-transactional messages.
You irrevocably and unconditionally agree, confirm, undertake and accept these terms, and other terms and conditions on registration, for access to or use of any contents, games or materials on its web-sites. Any amendment to these terms, and other terms and conditions from time to time shall be deemed to be accepted by you and shall be an integral part of the original terms, and other terms and conditions.
You confirm to provide OSIPL any and every details OSIPL require to obtain from you, including such other personal or proprietary information relating to any of your acts or omissions or violations or other persons who may be a party with you, on suspicion or otherwise in relation to the use of OSIPL site.
Other web-sites, products, and services
OSIPL web-sites contain links to other Internet web-sites owned by third parties and/or other web-web-sites owned by Oxigen Group of Companies and/or OSIPL. Your use of each of those web-sites is subject to the conditions, if any, that each of those web-sites has posted. Its inclusion on its web-sites of any third-party content or a link to a third-party site is not an endorsement of that content or any web-site to which its web-web-sites contain links.
Oxigen eWallet is strictly a Closed prepaid instrument, under RBI defined guidelines governing issuance and operation of prepaid instrument under Payment and Settlement System Act 2007, and linked to your registered Mobile Number. The value in the wallet can be used by you for purchase of good/or services from any merchant associated/registered with the Oxigen. Oxigen do not sell, resell, or license any of the products or the services that OSIPL review, list, or advertise on its web-sites, and OSIPL disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that OSIPL will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Contest, Competitions and Events:
If a contest, competition or event is organized by OSIPL on any web-site(s); it shall be governed by the terms stated herein in addition to other terms and conditions which may be specifically applied per contest, competition or event. OSIPL employees, relatives, affiliates, and friends cannot participate in any contest, competition or event and shall stand disqualified with immediate effect even if participated and shall be liable to return the prize or benefit received and at its sole discretion pay penalty, damages and compensation and indemnify OSIPL against any claims, expenses or liability from any person, entity or third party by this act or omission of the employees or relatives.
Oxigen Services (India) Private Limited: Fee-based services, contests, competition or complementary gifts and prizes
Some of the Services require you to pay a charge or fee, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in Indian Rupees. OSIPL may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
All taxes, levies, cesses or statutory claim for the charge or fee paid to OSIPL or for contest competition or complimentary gifts and prizes shall be borne and paid by you, whether past, present or future, including penalties or claims on any nature whatsoever. All contest, competition and complimentary shall be inclusive of taxes, stamp duty, registration charges, levies, cesses and fees of lawyers engaged by OSIPL and administrative charges.
For all contest, competition and complimentary, you will be liable for compliance under all laws. Non compliance by you of any law shall entitle OSIPL return of any prize or gifts and indemnification against any claims, expenses or liabilities by any person, entity or third party including statutory authorities.
The cost of connectivity including but not limited to voice calls, GPRS activation charges, charges for sending/receiving sms from designated numbers will be borne by you and charges for aforementioned will be specified by your telecom operators.
General Terms for use of Oxigen eWallet (Oxigen)
Oxigen is a trade name used by Oxigen Services (India) Private Limited (hereinafter also referred as "Oxigen"). Oxigen can only be obtained by individuals above 18 years of age.
These terms and conditions as well as any amendments thereof are part of a contract between you and Oxigen Services (India) Private Limited ("OSIPL") and govern the use of Oxigen.
Any duplication/cloning of an Oxigen eWallet account will be subject to cancellation and necessary legal action, if required by OSIPL.
Oxigen eWallet is a closed wallet and in no case any amount will be refunded to any Customer for any reason whatsoever. Oxigen eWallet is not subject to redemption or renewal.
OSIPL shall not be liable/responsible for any defect in the product/merchandise/goods or services availed through the Oxigen eWallet. OSIPL does not warranty against any damage or defect for the above mentioned transactions.
OSIPL Products/Services for select content are handset dependent. Oxigen is not responsible in any manner whatsoever to provide Services to a Customer not using compatible handset.
Oxigen eWallet and other OSIPL Products/Services for select content are GPRS/EDGE/3G Dependent and can not be availed by you in the event of GPRS/EDGE/3G failure and/or download error. Oxigen is not responsible in any manner whatsoever for non provisioning of the services due to GPRS/EDGE/3G failure/connectivity failure/download error.
Oxigen eWallet Products/Services for select content are Operator dependent. Oxigen is not obligated to provide Services to the Customers in relation to the areas/Operators/Service Providers not mentioned herein. GPRS/EDGE provisioning on handsets are governed by terms of respective Operator.
You understand and agree that password and other information with respect to your Oxigen eWallet account are confidential information. You agree to immediately change the password on receipt and to continue changing the password periodically (recommended every 15 days). You agree that Oxigen eWallet shall not be responsible if you share your password and other confidential information about your Oxigen eWallet account with any person or fail to abide by the advice given in this para about changing password periodically.
You understand and agree that your Oxigen eWallet account is linked to your registered mobile number. OSIPL will not be held liable for unauthorized use of Oxigen eWallet on account of loss/theft/misplacement of Mobile number and/or SIM unless you have informed Oxigen customer care about such loss/theft/misplacement. It must be noted you shall continue to liable for any unauthorised use of your Oxigen eWallet account till you inform Oxigen Customer care about such loss/theft/misplacement and request for blocking your Oxigen eWallet account is executed. OSIPL shall not be responsible for any misuse of Oxigen eWallet.
OSIPL reserves the right to amend or withdraw the Oxigen eWallet without any prior notice. Oxigen eWallet shall not be responsible for Operator not having required Product/SKU in its Portfolio. Oxigen is not obligated to provide Services to the Customers in case the Operator/Service Provider do not have the required product or the required denomination.
To find out nearest Oxigen outlet, pls. visit Oxigen Locator. Or call Customer Care at 91- 124 – 4153888.
Your conduct on its web-sites
If OSIPL request registration information from you, you will provide OSIPL with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If OSIPL issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify OSIPL of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. OSIPL will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying its web-sites and the Services is the property of Oxigen Services (India) Private Limited, its affiliates, and its partners or licensors or associates. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying its web-sites or the Services. You agree not to modify the software underlying its web-sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to its web-sites.
Without limiting the foregoing, you agree that you will not use the services offered through its web-sites to take any of the following actions:
Unauthorized access to its web-sites is a breach of these Terms and a violation of the law. You agree not to access its web-sites by any means other than through the interface that is provided by Oxigen Services (India) Private Limited for use in accessing its web-sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of its web-sites, except those automated means that OSIPL have approved in advance and in writing.
Use of its web-sites is subject to existing laws and legal process. Any by you of the terms or the laws may result in severe civil and criminal penalties initiated against you. Violators will be prosecuted to the maximum extent possible. All rights reserved. Any rights not expressly granted herein are reserved. Nothing contained in these Terms shall limit its right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of its web-sites. Contact email@example.com with problems or questions, as appropriate.
Personal, non-commercial use:
You shall not download, reformat, and print a limited amount of content from www.oxicash.in for your personal and commercial use. In accessing www.oxicash.in web pages, you agree that you may only access the content for your own personal non-commercial use. You shall also not include excerpts or limited portions of information from www.oxicash.in in printed memos, reports, and presentations or any other manner.
Requests to inform OSIPL in writing to remove certain content from its web-sites If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights.
All rights, including copyright, in the content of www.oxicash.in webpages are owned or controlled for these purposes by Oxigen Services (India) Private Limited. In accessing www.oxicash.in web pages, you agree that you may only access the content for your own personal non-commercial use. Except where expressly stated otherwise, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of www.oxicash.in web pages for any other purpose whatsoever without the prior written permission of Oxigen Service (India) Private Limited. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Copyright 2006 – Oxigen Services (India) Private Ltd., 257, Udyog Vihar, Phase-I, Gurgaon, Haryana. India. All rights reserved. Any rights not expressly granted herein are reserved. Contact firstname.lastname@example.org with problems or questions, as appropriate.
The information, software, products and services included in or available through the Oxicash sites/services may include interruptions, inconsistencies, errors, inaccuracies or typographical errors. Changes are periodically made to the Oxicash sites/services and to the information therein. Oxigen Services (India) Private Limited (hereinafter “OSIPL”) and/or its respective suppliers may make improvements and/or changes in the Oxicash sites/services at any time. Information and advice stated or received via the Oxicash sites/services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
OSIPL and/or its respective suppliers make no representations and warranties about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Oxicash sites/services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. OSIPL and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
This site may contain links to other web sites operated by third parties ("linked sites"). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains the OSIPL logo, advertisements and/or other content selected by OSIPL. You acknowledge that OSIPL and its sponsors neither endorse nor are affiliated with the linked site and are not responsible for any content of any linked site or any link contained in a link site, or any changes or updates to such sites. You also acknowledge that OSIPL is providing these links to you only for your convenience.
You specifically agree that OSIPL shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a Oxigen eWallet/ service. You specifically agree that OSIPL is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that OSIPL is not responsible for any content sent using and/or included in a OSIPL site/service by any third party.
In no event shall OSIPL and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Oxigen eWallet sites/services, with the delay or inability to use the Oxigen eWallet sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Oxigen eWallet sites/services, or otherwise arising out of the use of the Oxigen eWallet sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if OSIPL or any of its suppliers has been advised of the possibility of damages. OSIPL does not endorse in anyway any advertisers/ contents of advertisers on its web-pages. Please therefore verify the veracity of all information on your own before undertaking reliance and acting thereupon. OSIPL shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement.
This agreement is governed by the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of Courts in New Delhi, India in all disputes arising out of or relating to the use of the Oxigen eWallet sites/services. Use of the Oxigen eWallet sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold OSIPL, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Oxigen eWallet sites/services. OSIPL reserves the right to disclose any personal information about you or your use of the Oxigen eWallet sites/services, including its contents, without your prior permission if OSIPL has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of OSIPL or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. OSIPL's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OSIPL's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Oxigen eWallet sites/services or information provided to or gathered by OSIPL with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OSIPL with respect to the Oxigen eWallet sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OSIPL with respect to the Oxigen eWallet sites/services.
Dispute Resolution - Arbitration
Oxigen Services (India) Private Limited. may elect to resolve any controversy or claim arising out of or relating to these Terms or its web-sites by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such controversy or claim 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 arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or OSIPL may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or Oxigen Services (India) Private Limited. (or its agents, suppliers, and subcontractors), pending the completion of arbitration. The language of Arbitration shall be English.
Governing Laws and Courts: Subject to Arbitration, the parties irrevocably agree and undertake that any controversy or claim arising out of or relating to these Terms or its web-sites shall be adjudicated exclusively before a competent court in New Delhi, India only. The terms and its web-sites shall be governed by the laws of India.
OSIPL may be required under any legislation, to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon its posting them on its web-sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide OSIPL with accurate information, OSIPL cannot be held liable if OSIPL fail to notify you. You have the right to request that OSIPL provide such notices to you in paper format, and may do so by contacting: email@example.com
Its failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of its web-sites or these Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Oxigen Services (India) Private Limited. and govern your use of its web-sites, superseding any prior agreements that you may have with OSIPL.
These Terms shall be construed in accordance with the laws of India, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in New Delhi, India if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.