All sales of Recharge are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number you purchase Recharge for and all charges that result from those purchases. sgsdvs is not responsible for any purchase of Recharge for an incorrect mobile number or DTH account number. However, if in a transaction performed by you on the Site, money has been charged to your card or bank account and a Recharge is not delivered within 24 hours of your completion of the transaction then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page. Please include in the email the following details – the mobile number (or DTH account number), operator name, Recharge value, Transaction date and Order Number. sgsdvs shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Recharge then you will be refunded the money within 21 working days from the date of receipt of your email. All Refunds will be credited to your Semi Closed Wallet. You can trigger a request in your sgsdvs Wallet to transfer the money from your sgsdvs Wallet back to source. It will take 3-21 days for the money to show in your bank account depending on your bank’s policy.

You agree that sgsdvs, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. sgsdvs may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. 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 sgsdvs 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. These remedies are in addition to any other remedies sgsdvs may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.

In no event will sgsdvs or its contractors, agents, licensors, partners, suppliers 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) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if sgsdvs or a sgsdvs authorized representative has been advised of the possibility of such damages. In no event will sgsdvs or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with sgsdvs, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that sgsdvs has offered its products and services, set its prices, and entered into this agreement 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 sgsdvs, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and sgsdvs. sgsdvs would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, sgsdvs’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.

You agree that sgsdvs, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. sgsdvs may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. 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 sgsdvs 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. These remedies are in addition to any other remedies sgsdvs may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.

You agree to indemnify, save, and hold sgsdvs, 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 your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. sgsdvs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify sgsdvs, including rights to settle, and you agree to cooperate with sgsdvs’s defense and settlement of these claims. sgsdvs 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 this Agreement.

To the fullest extent permissible pursuant to applicable law, sgsdvs 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. No advice or information, whether oral or written, obtained by you from sgsdvs or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “sgsdvs” includes sgsdvs’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that sgsdvs is a reseller of Mobile recharges and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. You expressly agree that use of the services and the site 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 site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site 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. sgsdvs, and its third party suppliers, licensors, and partners do not warrant that the data, sgsdvs software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. sgsdvs 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 services, the site or any reference sites 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 services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) 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 paragraph shall survive termination of this agreement. In no event will sgsdvs 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.

The Services and the Site are owned and operated by sgsdvs and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by sgsdvs (the “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and sgsdvs, all Materials, trademarks, service marks, and trade names contained on the Site are the property of sgsdvs and/or third party licensors or suppliers. You agree not to remove, obscure, or alter sgsdvs or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by sgsdvs, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. sgsdvs reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to sgsdvs, and shall assign to sgsdvs, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

sgsdvs reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, sgsdvs may be required under applicable law to give you advance notice, and sgsdvs will comply with such requirements.

sgsdvs 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 sgsdvs must be sent by courier or registered mail to One97 Communications, B-121, Sector-5, Noida, Uttar Pradesh 201301, India.

The failure of sgsdvs to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by sgsdvs.

sgsdvs may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with 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. Either you or We 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 sgsdvs (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.

Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against sgsdvs must be resolved by a court located in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

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.

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.

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.

This is the entire agreement between you and sgsdvs 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 sgsdvs in accordance with the terms of this Agreement.

The following Terms of Use (“Terms”) are a binding agreement between you and One97 Communications Ltd. BY REGISTERING FOR OR USING THE SITE OR THE PLATFORM/NETWORK, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE SITE OR THE PLATFORM/NETWORK. As sgsdvs is a site/platform/network owned by One97 Communications Ltd. hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of One97 Communications Ltd.

“Customer” “or” “you” mean a person who has registered with sgsdvs for availing the sgsdvs Wallet and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the sgsdvs Wallet.

“sgsdvs Wallet” or “sgsdvs Wallet” means the pre-paid payment instrument issued by sgsdvs including Basic Account and Prime Account.

“Charge(s)” or “Service Charge” shall mean the charges which sgsdvs may levy upon you in consideration for subscribing to the sgsdvs Wallet.

“Person-to-Person Transfer” refers to a facility to transfer funds from a sgsdvs Wallet to any other sgsdvs Wallet issued by sgsdvs or to any savings or current bank account.

“Merchant Establishment” shall mean and include physical Merchants, remote Merchants and any other outlet that has been authorized by sgsdvs to accept payment using sgsdvs Wallet.

“Enrollment Form” shall mean the sgsdvs Wallet Enrollment Form, as is required by sgsdvs from the Customer at the time of Registration for availing and / or continuation of the sgsdvs Wallet.

“Basic Account” means Customer sgsdvs Wallet classified as Semi-closed system payment instruments issued by accepting minimum customer details being Customer name, Email address, mobile number, which permit payment and domestic money remittance as per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 as amended and supplemented by the RBI from time to time.

“Prime Account” means Customer sgsdvs Wallet which is KYC compliant and classified as Semi-closed system payment instruments which permit Person-to-Person transfer and payment to all identified Merchant as per RBI direction on Issuance and Operation of Pre-paid Payment Instruments in India (Reserve Bank) Directions, 2009 as amended and supplemented by the RBI from time to time.

“KYC” stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which sgsdvs is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be required by sgsdvs from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the sgsdvs Wallet.

“Password” means the secret password used to secure sgsdvs Wallet applications, without knowledge of which your sgsdvs Wallet will not be operable.

“Transaction” means Person-to-person transfer or purchase of goods or services at Merchant establishments or equivalent amount of money-in sgsdvs Wallet, if goods or services not available.

“Person-to-bank transfer” refers to a facility to transfer funds from a sgsdvs Wallet to any Bank Account.

“RBI” means the Reserve Bank of India.

The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and sgsdvs reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. sgsdvs reserves the right to discontinue services/ reject applications for sgsdvs Wallet at anytime if there are discrepancies in information and/or documentation provided by you.

Any information provided to sgsdvs with the intention of securing sgsdvs Wallet shall vest with sgsdvs, and may be used by sgsdvs, for any purpose consistent with any applicable law or regulation, at its discretion.

If the particulars provided by you in the KYC documents do not match with the details mentioned in the Enrollment Form, then sgsdvs has the right to forfeit the balance amount in your wallet.

You will be issued, Basic Account immediately after successful registration. Your account will be upgraded to a Prime Account after you submit your KYC documents at the time of registration itself or on a later date and the same are verified and approved by sgsdvs. sgsdvs Wallet Prime Account Services shall ordinarily be activated within twenty one (21) working days of receipt and verification of the associated documentation. For detailed features, registration process, documentation processes, KYC requirements, permitted Transactions, Service discontinuation procedure and other related details relating to the above mentioned Services, please refer www.sgsdvs.com/sgsdvscash.

You may recharge your sgsdvs Wallet at through any of the methods mentioned at www.secure.sgsdvs.in. The list of recharge outlets and methods of recharging sgsdvs Wallet are subject to change at the discretion of sgsdvs without prior intimation to the Customer.

You may note that withdrawing money from sgsdvs Wallet is not allowed. Any outstanding credit sgsdvs Wallet must be utilized only to make payments for bona-fide Transactions at Merchant Establishments and Person-to-person transfers or Person-to-bank transfer.

sgsdvs Wallet are available only to resident Indians who have attained the age of 18 years and are competent to contract.

sgsdvs Wallet are not transferable.

The maximum monetary value that can be stored at any point of time in a sgsdvs Wallet Prime Account is INR 1,00,000/-(INR One lakh only). The maximum permitted value of Transactions at any point of time in sgsdvs Wallet Prime Account is INR 1,00,000/- (INR One lakh only). The maximum monetary value that can be stored and utilized in a month in a sgsdvs Wallet Basic Account is INR 20,000/- (INR Twenty Thousand Only). The maximum monetary value that can be transferred from one sgsdvs Wallet Account to other sgsdvs Wallet or bank account in a single transaction is INR 5,000/- (INR Five Thousand only). The maximum monetary value that can be transferred from one sgsdvs Wallet Account to other sgsdvs Wallet or bank account in a single month is INR 25,000/- (INR Twenty Five Thousand only). Subject to guidelines/notifications issued by RBI from time to time these limitations may be reviewed and modified at the discretion of sgsdvs without prior intimation to the Customer.

sgsdvs reserves the right to suspend/discontinue sgsdvs Wallet Services to you at any time, for any cause, including, but not limited, to the following-

The value stored on your sgsdvs Wallet shall NOT be refunded under ANY circumstances and may only be utilized to make payments for bonafide transactions at merchant establishments and Person-to-person transfer or Person-to-bank transfer. No interest will be payable by sgsdvs on the available balance reflected on the sgsdvs Wallet.

You are permitted to maintain and operate only one sgsdvs Wallet. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Wallets associated with you by sgsdvs.

You shall pay the Service Charges prescribed by sgsdvs in the form and manner prescribed for such payment. sgsdvs may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.

Any value in your sgsdvs Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your sgsdvs Wallet. sgsdvs’s responsibility is limited to the debiting of your sgsdvs Wallet and the subsequent payment to any Merchant Establishment that you might transact with. sgsdvs does not endorse, promote, champion or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using sgsdvs Wallet.

sgsdvs reserves the right to levy charges/ charge commission upon any amounts loaded upon your sgsdvs Wallet or any amounts spent/utilized by you using sgsdvs Wallet.