Terms & Conditions


The domain registered on the name of www.etaka.in and www.etaka.in/flight/index (herein after refer to as website) is owned by E-TAKA Online Solutions Private Limited (Etaka) having its registered office at S-23 A, 2nd Floor, Vardhaman Central Mall, Nehru Vihar, Delhi – 110054. All services are rendered by Etaka through its platform under the brand name ‘Etaka’.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

All the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Etaka. (together with its subsidiaries and other affiliates, “us”, “We”, “Our” shall mean E-Taka Online Solutions Private Limited )regarding your use of our prepaid mobile/DTH recharge purchasing services to purchase prepaid mobile/DTH recharge (known as “Recharge”), wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems.

If you are accessing, browsing or otherwise using the site that means you accepted all the terms and conditions under these terms of use, so please read the terms of use carefully before proceeding.

Eligibility For User

You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the E-Taka website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. E-Taka reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to E-Taka’s notice or if it is discovered that you are under the age of 18 years.

Account and Registration Obligations

The sole responsibility of users related display name and passwords must be maintained confidential . You shall be sole responsible for all activities that occur while working under your display name and password. You agree that in case of information provided by you found untrue in accurate, not current or incomplete , we shall have the right to terminate / suspend/ block access of the membership on the website.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We maycommunicate with you by email or by such other mode of communication, electronic or otherwise.


RECHARGE SERVICES BY E-TAKA

E-Taka declares thar E-Taka is not a mobile service provider company, its only a reseller of prepaid mobile services by telecommunications service providers or the providers of such prepaid recharge (the ‘Telco’ or ‘Telcos’) or other distributors or aggregators of such Telco’s. Etaka is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s. Recharge sold by us to you is sold without recourse against us for any breach of contract by the Telco. 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 Telco.

BILL PAYMENTS

E-taka 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 NCC refuses or delays honouring the Payment Instruction(s)
  • If payment is not processed by biller upon receipt.
  • Circumstances beyond the control of Etaka (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)

In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail

Refund and cancellation for Recharge services

As we deal into Recharge and Bill payments we do not entertain Return or Cancellation. And we do provide refund in case transactions fails and your money is credited. Refund will be processed through NEFT within 10 working days.

Refund and cancellation for Flight booking services

All cancellations must be intimated to our head office on phone followed by a written confirmation via email or fax. Telephonic cancellation will not be accepted as ‘cancelation request’. Bookings can be cancelled only if it is done 2 days prior to departure, after that no cancellations will be entertained. In such cases refund will be processed through same mode within 10 days.

Use of Site

You understand that except for information, products or services clearly indicated as being supplied by the Etaka, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Etaka 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.

Prohibited Conduct

By using the Services you agree not to:

  • use the Services for any purposes other than to purchase Recharge of Telcos and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by Etaka
  • 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 purchase Recharge 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
  • post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person and data, image or program which is pornographic in nature.
  • disagree to associate / co-operate in an investigation or provide confirmation of Your identity or any other information You provide to Etaka
  • 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 otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
  • use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner
  • You can’t disagree/ refuse to follow all the security terms and conditions related to uploading or otherwise disseminating viruses, spyware, adware, worms, or other malicious code or file with contaminating or destructive features. These all are strictly prohibited by applicable laws
  • Use of any device, which can interfere or disrupt the site or networks connected to this site, software or routine to bypass the sites robot exclusion headers with the services. software or routine to bypass the Site’s robot exclusion headers with the services.
  • To sell the Services, information, or software associated with or derived from it
  • breach this Agreement or any other Etaka agreement or policy

INDEMNITY

The Customer shall be liable to E-Taka for losses, expenses or damages and agrees to indemnify, defend and hold harmless E-Taka and /or the Dealer harmless from any and all claims, losses, damages, liabilities, costs and expenses, including and without limitation legal fees and expenses arising out of or related to its use or misuse of E-Taka Services, violation of these terms and conditions or any breach of any representations, warranties and covenants made by the Customer. The Customer shall indemnify E-Taka against any fraud or any loss or damage suffered by E-Taka due to the failure on the part of the Customer to communicate correct permanent or communication address and/or failure on the part of the Customer to communicate any change/alteration in the said permanent or communication address.

LIMITS

The Transaction and the Transaction limits for the operation of E-Taka Account of the Customer shall be set at the sole discretion of E-Taka in accordance with the Applicable Law as amended from time to time. Such set Transactions and Transaction limits shall be communicated to the Customer by posting on the Website (www.etaka.in and www.etaka.in/flight/index)

CHARGES

Usage and operation of the E-Taka Account including E-Taka mobile App is subject to payment of service charges prescribed by E-Taka on the Website (www.etaka.in and www.etaka.in/flight/index) from time to time. Charges shall be exclusive of applicable taxes, duties, cess etc. The Customer unconditionally and irrevocably authorizes E-Taka to debit Customers E-Taka Account from time to time with an equivalent fee and Charges applicable for the issue and use of the E-Taka Account as published by E-Taka.

CHANGE OF TERMS

The terms and conditions herein shall be subject to the Applicable Law. Further, E-Taka may alter, modify or amend these terms and conditions from time to time and the same shall be updated and displayed by E-Taka on its Website (www.etaka.in and www.etaka.in/flight/index). The Customer is expected to keep himself/herself updated with the amendments to the terms and conditions. Any transaction done subsequent to the amendment of the terms and conditions will be considered as Customer’s acceptance of the amended terms and conditions. E-Taka may modify, terminate and/or suspend E-Taka Services anytime with or without prior notice, due to any changes in internal policies or Applicable Law.

VIOLATION OF AGREEMENT AND TERMINATION

The Customer agrees that these terms and conditions are effective until terminated by E-Taka and E-Taka reserves the right to terminate these terms and conditions. E-Taka may move, change, suspend or end any part of the Services provided by E-Taka. E-Taka reserves the right to terminate Customers membership and remove all the content in Customers account for reasons, including, but not limited to: violation of any governing policy or Applicable Law. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Etaka will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Disclaimer; No Warranties

E-Taka provides only platform to meet the buyer and sellers, we are not manufacturer of any product. All the warranties and guaranty will be bear by the manufacturer of product. Etaka and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. In no event will Etaka 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 site.

OWNERSHIP AND PROPRIETARY RIGHTS

The Customer agrees that he/she shall have no claims/rights of whatsoever nature in the intellectual property rights arising out of and in connection with E-Taka Account and Services thereto. The Customer further undertakes that he/she shall not attempt to modify, alter, obscure, translate, disassemble, decompile or reverse engineer the software underlying mobile application or create any derivative product based on the software. The Customer understands that the user interface, graphics, logos, design, compilation, information, products, services, software, and all other elements of the E-Taka Services are protected by copyright, designs, patent and trademark laws and other intellectual property or proprietary rights of either E-Taka or its related parties.

FORCE MAJEURE

E-Taka shall inform the Customer of the existence of a Force Majeure Event and take all reasonable steps to engage with the Customer towards finding an appropriate solution.

"Force Majeure Event" means any event due to any cause beyond the reasonable control of E-Taka and/or its partner Bank, including, without limitation, unavailability of any communication system, breach or virus in the processes or payment mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption etc. E-Taka shall not be liable for any failure to perform any of its obligations under these terms and conditions if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.

EXPIRY OF ACCOUNT

In case of death of the Customer, the legal heir shall be bound by the polices of E-Taka. The legal heir shall submit necessary documents and information with the E-Taka as requested by the E-Taka for processing the legal heirs claim as per the policy of the E-Taka.

Notice

Etaka may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to Etaka must be sent by courier or registered mail to E-taka Online Solutions Private Limited S-23 A, 2nd Floor, Vardhaman Center Mall, Nehru Vihar, Delhi -110054, India.

Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

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, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This is the entire agreement between you and Etaka relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by Etaka in accordance with the terms of this Agreement.

JUDICIAL RECOURSE AND ARBITRATION

These terms and conditions will be governed by and construed in accordance with the laws of the Republic of India without giving effect to any principles or conflicts of law. The courts in New Delhi shall have exclusive jurisdiction over any dispute arising from use of E-Taka Services. The Customer expressly consents to the personal jurisdiction of said courts and waives any objection to such personal jurisdiction based on forums non convenience or any other basis.

This agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, 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.

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