Poshtaé Wallet

Poshtaé Wallet - Terms and Conditions

Please read the following terms and conditions (“T&Cs”) carefully before registering for, accessing or using the Poshtaé Wallet (as defined below), located at www.Poshtaé .com or the Poshtaé mobile application or any similar platform (hereinafter referred to as Poshtaé Platform)on any device and/or before availing any e-wallet services that may be offered by WHF (as defined below) on the Poshtaé Platform (hereinafter, individually Poshtaé Wallet Service and collectively, the Poshtaé Wallet Services). The Poshtaé Wallet is issued by and the Poshtaé Wallet Services are provided by Waivin Health Foods, having its registered office at 105-IJMIMA Complex, Mindspace, Link Road, Malad West, Mumbai- 400 064 (“WHF”). The customers using the Poshtaé Wallet may load amounts in the wallet through their credit or debit cards, and the amounts in the Poshtaé Wallet may be used for making payments towards transactions done by customers on the Poshtaé Platform. Customers shall not be permitted to make any cash withdrawals from the Poshtaé Wallet. By registering for or using Poshtaé Wallet, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs.

Eligibility

The Poshtaé Wallet Services are not available to persons under the age of 18 or to anyone previously suspended or removed by WHF from availing the Poshtaé Wallet Services or accessing the Poshtaé Platform. By accepting the T&Cs or by otherwise using the Poshtaé Wallet Services on the Poshtaé Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by WHF, or disqualified for any other reason, from availing the Poshtaé Wallet Services or using the Poshtaé Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, WHF reserves the right to suspend or permanently prevent you from availing Poshtaé Wallet Services or using the Poshtaé Platform.

1. Definitions

“Customer” or “you” means a person who has registered with Poshtaé Platform and avails the Poshtaé Wallet, and who has accepted the T&Cs, and a person who owns, operates, or has access to an internet compatible device that supports the Poshtaé Wallet and the Poshtaé Platform.
“Poshtaé Wallet” means the closed system pre-paid payment instrument issued by WHF.
“Poshtaé Wallet Account” means the Customer Poshtaé Wallet account classified as closed system payment instruments issued by accepting minimum customer details being Customer name, e-mail address, mobile number, which permit payment for purchase of eligible goods from Poshtaé Platform.
“Enrolment Form” means the Poshtaé Wallet enrolment form, as is required by WHF from the Customer at the time of registration for availing and/or continuation of the Poshtaé Wallet.
“KYC” stands for know your customer and refers to the personal identification and other information required by WHF from you before any Poshtaé Wallet Services can be delivered. KYC documents/ information may be required by WHF from the Customer at the time of registration and/or on a later date, for availing and/or continuation of the Poshtaé Wallet.
“Password” means the secret password used to secure Poshtaé Wallet applications, without knowledge of which your Poshtaé Wallet will not be operational.
“Transaction” means purchase of eligible products on the Poshtaé Platform.

2. Documentation

The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and WHF reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. WHF reserves the right to discontinue services or reject applications for Poshtaé Wallet at any time if there are discrepancies in information and/or documentation by you.
You may be required to complete a verification process by furnishing your details (such as your name and date of birth) to comply with the KYC requirement under applicable laws.
Any information provided to WHF with the intention of securing Poshtaé Wallet services shall vest with WHF, and may be used by WHF, for any purpose that is not inconsistent with any applicable law or regulations, at its discretion.

3. General Conditions for Poshtaé Wallet

You will be issued a Poshtaé Wallet Account immediately after successful registration.
You may add money to or recharge your Poshtaé Wallet through online payment methods such as domestic credit/debit card and net banking. However, you will not be able to use prepaid/virtual bank cards, EMI, cards issued outside India or a combination of cards to add money to or recharge your Poshtaé Wallet. Except as provided hereunder, amounts in your Poshtaé Wallet will not be refunded to you under any circumstances.
You may note that withdrawing money from Poshtaé Wallet is not allowed. Any outstanding credit in the Poshtaé Wallet must be utilized only to make payments for bona fide Transactions.
Poshtaé Wallets are available only to resident Indians who have attained the age of 18 years and are competent to contract.
Poshtaé Wallets are not transferable.
You may add money into your Poshtaé Wallet upto a maximum of INR 10,000 (Rupees ten thousand) per month. This limit will be inclusive of any credits made by you and any refunds received by you for any Transactions in your Poshtaé Wallet. Additionally, the balance in your Poshtaé Wallet shall not exceed INR 10,000 (Rupees ten thousand) at any relevant time of determination. These limits may be reviewed and modified at the discretion of WHF without prior intimation to the Customer.
WHF reserves the right to suspend/discontinue Poshtaé Wallet services to you at any time, for any cause, including, but not limited, to the following-
For any suspected violation of the T&Cs;
For any suspected discrepancy in the particular(s), documentation or Enrolment Form provided by you;
To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure event;
If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
If the mobile connection with which your Poshtaé Wallet is related ceases to be operational or in your possession or control;
If WHF believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.
The value stored on your Poshtaé Wallet shall NOT be refunded under ANY circumstances and may only be utilized to make payments for bona fide Transactions. No interest will be payable by WHF on the available balance reflected on the Poshtaé Wallet.
You are permitted to maintain and operate only one Poshtaé Wallet. Any suspected non-conformity with this requirement shall constitute grounds for the suspension/discontinuation by WHF of any of all Poshtaé Wallets associated with you on the Poshtaé Platform. Any operation of or continued availability of any facility respect to the Poshtaé Wallets from time to time shall be subject to any requirements under applicable laws, and any new regulations or directions from any regulatory authorities in India.

4. Poshtaé Wallet Validity

Any value in your Poshtaé Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your Poshtaé Wallet. WHF does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using Poshtaé Wallet.
Poshtaé Wallet Expiry and Balance Forfeiture.
Your Poshtaé Wallet account stays active & there is no expiry date for your wallet balance.

5. Customer Obligations

Any value in your Poshtaé Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your Poshtaé Wallet. WHF does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using Poshtaé Wallet.
Poshtaé Wallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. Poshtaé Wallet availability is subject to the maintenance of a mobile phone handset and other application on which Poshtaé Platform can run and the Customer is solely responsible for all liability arising from unavailability of the Poshtaé Platform due to a deficient mobile handset or the internet service provider not being able to support any Poshtaé Wallet channel or application.
You must ensure the availability of sufficient funds in your Poshtaé Wallet before executing any Transaction from your Poshtaé Wallet.
You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of Poshtaé Wallet. In case the Password is lost or misplaced, you shall promptly inform WHF by calling on the customer care numbers where after the existing Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/SIM card/mobile number associated with your Poshtaé Wallet is lost/stolen/misplaced/no longer in your control, you shall promptly inform WHF. WHF will, upon receipt of such information, block the relevant account.
You acknowledge and understand that Poshtaé Wallet is linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/theft/misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider.
Information submitted by you for availing Poshtaé Wallet and/or information submitted while using Poshtaé Wallet may be shared by WHF with any affiliate of WHF or any third party, inter alia, to facilitate the provision of Poshtaé Wallet or for the purposes specified in the T&Cs.

6. Indemnification.

You agree to indemnify, save, and hold WHF, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to : (i) your use or misuse of the Poshtaé Wallet;
(ii) any violation by you of the T&Cs, including the Poshtaé Wallet Terms; or
(iii) any breach of the representations, warranties, and covenants made by you herein. WHF reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WHF, including rights to settle, and you agree to cooperate with WHF’s defense and settlement of these claims. WHF will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these T&Cs, including the Poshtaé Wallet Terms.

7. Additional T&C.

Any amount transferred erroneously by the Customer, while adding money to or recharging the Poshtaé Wallet or while executing Transaction on Poshtaé Platform, shall not be refunded to the Customer by WHF in any circumstances.
Any web-link on the Poshtaé Platform to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in relation to that web-link. In the event of any Dispute (defined below), WHF records shall be binding as the conclusive evidence of the Transactions carried out through the use of Poshtaé Wallet.
WHF shall send all customer communications by SMS and/or e-mail and such SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
You agree to receive all commercial messages including transactional messages from WHF.
The parties are independent contractors and nothing in these Poshtaé Wallet Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership.

8. Amendment of Terms, Poshtaé Platform

WHF may modify, terminate and/or suspend Poshtaé Wallet to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators. WHF reserves the right to change, modify, add, or remove portions of these T&Cs (each, a change and collectively, changes) at any time by posting notification on the Poshtaé Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 12 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the Poshtaé Platform, availing the Poshtaé Wallet service, or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Poshtaé Platform/Poshtaé Wallet. For certain changes, WHF may be required under applicable law to give you advance notice, and WHF will comply with such requirements. Your continued use of the Poshtaé Platform and the Poshtaé Wallet following the posting of changes will mean that you accept and agree to the changes.

9. Confidentiality

You specifically agree that in order to facilitate the provision of Poshtaé Wallet, WHF may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise or any third party.

10. Assignment; Restrictions on Information Sharing; Privacy

These T&Cs, and any rights granted hereunder, may not be transferred or assigned by you without WHF’s prior written consent which may be withheld in WHF’s sole discretion, but these T&Cs, and any rights granted hereunder, may be assigned by WHF freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.
By accepting the Poshtaé Wallet Terms here and the T&Cs in general, you agree to be customer of WHF. In addition, by accepting the Poshtaé Wallet Terms here and the T&Cs in general, you expressly and impliedly provide your free and unconditional consent for the following:
(a) for transferring WHF’s rights and obligations under the Poshtaé Wallet Terms in favour of any affiliate of WHF or any third party;
(b) for using the Poshtaé Platform and availing the Poshtaé Wallet Services by you subject to any specific terms and conditions imposed by any affiliate of WHF;
(c) for receiving communications, notices and information from WHF or any affiliate of WHF;
(d) for sharing of business information (including any information relating to you or the services being availed by you) in relation to the Poshtaé Wallet service (including data analytics) between WHF and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to WHF’s customers (including you);
(ii) provision of better services by WHF’s vendors and Merchant Establishments;
(iii) to prevent any breach of a binding agreement between WHF and any affiliate, or to give effect to any such agreement;
(iv) for ensuring compliance with the applicable law or legally compelled disclosures by WHF or any affiliate of WHF; or
(v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of WHF or of any affiliate of WHF; or
(vi) WHF retaining any and all information relating to you till such time as may be required under applicable laws or internal policies.
At times WHF or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with WHF to provide products and services, or that help WHF market to customers. Personal information will only be shared by WHF to provide or improve WHF’s products, services and advertising, and will always be shared in compliance with applicable laws.
WHF, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in WHF’s products and services offering any products or services from any Poshtaé Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable laws and these companies are obligated to protect your personal information under applicable law.
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for WHF to disclose your personal information. WHF may also disclose information about you if WHF determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate
WHF may also disclose information about you if WHF determines that disclosure is reasonably necessary to enforce the Poshtaé Wallet Terms here or the T&Cs in general or protect WHF’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of WHF’s business or products or services offered through any Poshtaé Platform to any persons (including any affiliates), WHF may transfer any and all personal information that WHF collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees., WHF may transfer any and all personal information that WHF collects to the relevant transferee or enter into contractual agreements to share such information with such third party transferee.
WHF’s privacy policy applies to use of the Poshtaé Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the Poshtaé Platform, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Poshtaé Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

11. Intellectual Property Rights

WHF, or its licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (hereinafter IP Rights), in and to the Poshtaé Platform, Poshtaé Wallet Services, Poshtaé Wallet or usage data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Poshtaé Platform, Poshtaé Wallet Services or Poshtaé Wallet or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the Poshtaé Platform or Poshtaé Wallet or use the Poshtaé Platform or Poshtaé Wallet to create a competing product. The “Poshtaé ” brand is owned by Waivin Health Foods “WHF.” which has been licensed to Poshtaé by WHF. Unauthorized use of “Poshtaé ” as a word, trademark, symbol, device mark or word mark, is strictly prohibited. All rights are expressly reserved by Poshtaé and WHF to use the brand of “Poshtaé ” in all its forms and variations.

12. Disclaimer; No Warranties

WHF gives no warranty, express or implied, with respect to the Poshtaé Platform and Poshtaé Wallet. To the fullest extent permissible, pursuant to applicable law, WHF and its third-party partners, licensors and suppliers disclaim all warranties or guarantees - whether statutory, express or implied - including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. WHF provides the Poshtaé Platform and the Poshtaé Wallet and any other technology and services on the Poshtaé Platform are on an “as is”, “where is”, “with all faults” basis.
No advice or information, whether oral or written, obtained by you from WHF or through the Poshtaé Wallet or the Poshtaé Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “WHF” includes WHF’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You expressly agree that use of the Poshtaé Wallet on the Poshtaé Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Poshtaé Platform or on the Internet generally.
The Poshtaé Wallet and the Poshtaé Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. WHF, and its third-party suppliers, licensors, and partners do not warrant that the data, WHF software, functions, or any other information offered on or through the Poshtaé Wallet Services/Poshtaé Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
WHF and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Poshtaé Wallet Services/Poshtaé Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise.
You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Poshtaé Wallet Services/Poshtaé Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement.
This section shall survive termination of the T&Cs. In no event will WHF 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 Poshtaé Platform.

13. Waiver and Release

The failure of WHF to exercise or enforce any right or provision of the T&Cs will not constitute a waiver of such right or provision. Any waiver of any provision of the T&Cs will be effective only if in writing and signed by WHF. To the maximum extent permitted by law, you waive, release, discharge and hold harmless WHF, its affiliates, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Poshtaé Platform or Poshtaé Wallet.

14. Consent to Electronic Communications and Transactions

By registering to use the Poshtaé Wallet, you consent to conduct Transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when WHF sends an electronic communication to your e-mail address/mobile number as per our records, or when WHF posts an electronic communication on the Poshtaé Platform. The pre-requisites for effective electronic Transactions and communications are as follows:
(a) you must have access to the Internet through a broadband connection or mobile data or through any other applications; and
(b) you must have a valid e-mail address and mobile number.
You can withdraw your consent for electronic communication at any time by contacting WHF, but WHF reserves the right to terminate your Poshtaé Wallet Account, as the case may be, upon such withdrawal. Withdrawal of your consent for electronic communication will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify WHF promptly if your email address, mobile number or other contact information changes by updating your account information or contacting WHF

15. Limitation of Liability

In no event, WHF or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to:
(i) these T&Cs;
(ii) the Poshtaé Wallet, the Poshtaé Platform or any reference site/app/platform/service; or
(iii) your use or inability to use the Poshtaé Wallet, the Poshtaé Platform (including any and all materials) or any reference sites/app/platform/service or
(iv) any other interactions with WHF, however caused and whether arising in contract, tort including negligence, warranty or otherwise, even if WHF or a WHF authorized representative has been advised of the possibility of such damages.
You acknowledge and agree that WHF has offered its products and services, set its prices, and entered into these T&Cs in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and WHF, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and WHF. WHF would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, WHF’s liability will be limited to the fullest extent permitted by applicable law. This section of the Poshtaé Wallet Terms shall survive the termination of these T&Cs.

16. Dispute Resolution

If any dispute, controversy or claim arises under these T&Cs or in relation to a Poshtaé Wallet or the Poshtaé Platform, including any question regarding the existence, validity or termination of the Poshtaé Wallet Terms or the T&Cs in general or these T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, WHF may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act).
Such Dispute 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 Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Mumbai and the language of this arbitration shall be English. Either you or WHF may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai necessary to protect the rights or the property belonging to you or WHF (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration.
Any arbitration shall be confidential, and neither you nor WHF may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and WHF. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of these T&Cs.

17. Governing Law

Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against WHF must be resolved by a court having jurisdiction in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India, for the purpose of litigating all such claims or disputes. These T&Cs shall be governed by Indian law. This paragraph shall survive termination of these T&Cs.

18. Severability

If any provision of the T&Cs in general or as a whole is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from the T&Cs to the minimum extent required, and the remaining provisions will remain valid and enforceable.

19. Customer Service

Any questions, comments or complaints related to your Poshtaé Wallet should be referred to Poshtaé customer care by email to support@Poshtae.com, or by calling our customer service number at 022-49695437