office at Aadhaar Ambience, Plot No.55, Road No.3, Haripuri Colony, Hyderabad - 500035 and Operations office at T-Hub, IIIT-Hyd, Gachibowli, Hyderabad - 500032
Froogal is a platform owned by Aadhaar Softech Solutions PVT LTD (hereinafter referred to as "Aadhaar Softech"). Aadhaar Softech
is the owner of the website www.froogal.in, Froogal mobile app, Froogal Website (Collectively referred to as "Froogal") hence all the rights,
benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Aadhaar Softech
(together with its subsidiaries and other affiliates, "us", "we", or "Froogal"),
regarding Your use of our mobile payments services to pay merchants for the goods or services offered by them.
The Froogal mobile app (known as the "App") and Service is subject to your compliance with the terms and conditions
set forth below including all exhibits. Froogal reserves the right, at its sole discretion, to revise, add, or
delete portions of these terms and conditions any time without further notice.
You shall re-visit the "Terms & Conditions" link from time to time to stay abreast of any changes that the "App" may introduce.
The services hereunder are offered by Froogal.
Froogal shall govern Your use of and access to the Application (as defined below) and the Website (as defined below).
By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply by making any use of the
Application and/or Website, You
(a) accept this Agreement and agree to be bound by each of its terms, and
(b) represent and warrant to FROOGAL that (i) You are at least 18 years of age and have the authority to enter into this Agreement
(either on your own behalf or by having a parent or legal guardian agree to the terms set forth herein on your behalf),
(ii) this Agreement is binding and enforceable against You, (iii) to the extent an individual is accepting this Agreement on behalf of an entity,
such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, and
amendments shall be deemed to be effective 2 days after posting the updated Agreement at the Website or within the Application. You should
check the Website, the Application and this Agreement regularly to ensure You remain current on the terms and agreements set forth herein.
The purpose of this Agreement is to set forth the terms and conditions under which, among other things,
(i) FROOGAL will license to You use of certain of FROOGAL's technology, software and/or services such that You can utilize the Application through your mobile device, and
(ii) You can access and/or use the Website (collectively, the "Purpose"). As stipulated elsewhere in this Agreement, FROOGAL does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.
FROOGAL hereby grants You a non-transferable, non-exclusive, revocable, limited license to access and use FROOGAL's rewards / loyalty software platform commonly referred to as "FROOGAL Rewards" (the "Application") as made available through its website located at www.FROOGAL.in (the "Website") and/or via mobile application during the Term (as defined below) solely for the Purpose. FROOGAL may, from time to time, update or modify the Application, release new versions of the Application or create new modules related thereto, each of which may, at FROOGAL's discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of Your rights hereunder including, without limitation, access to the Application.
3. Certain Responsibilities
You shall be solely responsible for:
(i) all Posted Information you input into the Application;
(ii) ensuring that all Posted Information is appropriate in tone and is accurate;
(iii) complying with all applicable laws, rules and regulations at all times; and
(iv) maintaining all passwords and access codes to the Application, and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the Application.
4. Froogal Rights
FROOGAL shall be entitled, at its sole discretion, to suspend, restrict and/or terminate, without notice of any kind, Your access to the Application or Your FROOGAL account for any reason. Notwithstanding the foregoing, FROOGAL shall not be required to review or monitor any Posted Information entered into the Application or otherwise submitted by You, and You shall be solely responsible for the veracity and accuracy of all such data, content and information.
FROOGAL does not currently charge its users to access and use the Application, however FROOGAL may, at any point and in its discretion, elect to begin charging fees for use of various portions of the Application and/or for different levels of subscription or account.
6. Term Termination
This Agreement shall continue in full force until the earlier to occur of
(i) either party providing written or electronic notice of termination to the other party (at which point You shall no longer be entitled to access or use the Application), or
(ii) FROOGAL electing to terminate Your access to the Application, with or without notice (the "Term"). For purposes of clarity, You are entitled to terminate your FROOGAL account at any time. Upon termination of this Agreement for any reason, You shall no longer be entitled to access or use the Application or any other non-public portions of the Website. In addition to the foregoing, in the event that FROOGAL determines, in its sole and absolute discretion, that You have breached this Agreement, threatened to breach this Agreement, committed any fraud or deception, breached any FROOGAL policy in effect from time to time or otherwise failed to perform to the standards required of FROOGAL, FROOGAL shall be entitled, at its discretion and in addition to any other remedies it may have hereunder and/or at law, to terminate, cancel or suspend Your access to the Application, in each of the foregoing cases at any time and for any period of time. FROOGAL shall not be responsible for the return of any Posted Information of any kind to You upon any termination of this Agreement or suspension of Your access to the Application, including without limitation any information input into the Application by You.
7. Payment Processing Service
Froogal may allow you to make Payment Transactions:-
(i) in-store using the Froogal application which resides on your mobile device or
(ii) online at certain merchants, in each case, using your Payment Instruments which are stored on Froogal
servers or hosted by a third party provider designated by Froogal. Froogal may also enable you to store your
Payment Instruments on Froogal's or its third party provider's servers.
You can also access your Payment Instruments and transaction history of those transactions where the
payments have been made through the Froogal app. The Froogal Service also enables you to access Offers,
Loyalty Programs, and other items which you have saved to Froogal.
Froogal gives you the ability to make purchases at participating merchant locations or on participating merchant
websites or applications. Froogal will charge your Payment Instruments stored on Froogal's or third party
provider's servers for transactions using the Service.
Getting Started with Froogal:
In order to use the Processing Service, you must complete all required information elements on the Froogal registration pages. You must register a valid Payment Instrument (Credit card, debit card or netbanking account) to make Payment Transactions. Froogal does not make any representation or verify that any of your Payment Instruments are in good standing or that the issuer of your Payment Instrument will authorize or approve any purchase of Products from a merchant when you use the Froogal app in connection with that purchase. Froogal, in its sole and absolute discretion, may refuse to approve or may terminate existing registrations for the Processing Service with or without cause or notice, other than any notice required by any Applicable Law, and not waived herein.
The Buyer can use Froogal as follows: Mention the Buyer's mobile number or any other unique identifier as designated by Froogal to the Seller (Merchant) or their representatives. Or alternatively, checking to the Merchant and ask the merchant's representative for the Froogal code and enter the same into the app. The bill or tab then appears on the Buyer's phone. The Buyer can then select any of the saved Payment Instruments or add a new Payment Instrument to make the transaction. The online payment process specific to your Payment Instrument will then be implemented. On transaction confirmation both the Buyer and the merchant are notified of the payment. By using your Froogal app using the method described above to make Payment Transactions, you authorize Froogal to charge your selected Payment Instrument for such Payment Transaction.
Storing Payment Instruments:
You can store a Payment Instrument with Froogal by providing the payment credentials: credit card or debit card number and card expiration date. All data pertaining to payment instruments are stored in compliance with prevailing regulations of Reserve Bank of India. Payment instruments are stored in PCI DSS Level 1 certified databases of Froogal or their third party service providers. The user acknowledges that Froogal can at its discretion move the stored card data of the user between databases of third party providers or itself. Froogal will ensure that all the databases where card data is stored in complicance with PCI DSS.
Transacting on Froogal:
Froogal facilitates a credit card or debit card purchase by a Buyer from a Seller that is registered with Froogal. Froogal stores information from Buyers, such as their Payment Instruments and shipping information. Froogal processes Payment Transactions on behalf of Sellers, as the agent of the Seller, through the appropriate credit card or debit card network, as applicable. When Buyer chooses to pay for Products with the Processing Service, Buyer authorizes the Seller to submit charges (and, in the case of refunds, credits) to Buyer's registered Payment Instrument. Froogal will assist as agent of the Seller in accessing the card networks and processing the Payment Transaction. Once Buyer's registered Payment Instrument is authorized, Buyer's payment obligation to Seller shall be deemed completed and discharged (except for Buyer's obligations in the event of a chargeback or other reversal). Purchases made are also subject to the terms and conditions governing Buyer's Payment Instrument between Buyer and the issuer of the Payment Instrument. Buyer is responsible for any charges and related fees that may be imposed under the Payment Instrument terms and conditions as a result of Buyer's use of a Payment Instrument. You acknowledge and agree that your purchases of Products are transactions between you and the Seller, and not with Froogal or any of their affiliates. Froogal is not a party to your Payment Transaction for the purchase of Products, and Froogal or other Froogal affiliates are not a Buyer or a Seller in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on Froogal Web Site.
Permissible Payment Transactions:
You may only use the Froogal Processing Service to process a Payment Transaction for a Product/Service that is purchased from a Seller through a legitimate, bona fide sale of the Product/Service. The Processing Service may not be used to process a Payment Transaction, or otherwise transfer money between a Buyer and Seller, that is unrelated to a purchase of a Product. The Processing Service may not be used to receive cash advances from Sellers or to facilitate the purchase of cash equivalents (travelers checks, prepaid cards, money orders, etc.). You may not use the Processing Service to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use the Processing Service to purchase any Products that violate these Terms of Service, other policies or rules applicable to the Processing Service, or Applicable Law. Failure to comply with these limitations may result in suspension or termination of your use of the Processing Service.