Terms Of Service
GalaxyCard provides its services as a deferred payment option in association with its merchant partners ("GalaxyCard Services"). The User is required to sign up and register with GalaxyCard through inter alia, the GalaxyCard Mobile Apps, ("GalaxyCard App"), and the GalaxyCard website at www.galaxycard.in ("GalaxyCard Website", and collectively with the GalaxyCard App referred to as the "GalaxyCard Platform") to avail the GalaxyCard Services and to obtain information about GalaxyCard. Any account opened by a User with GalaxyCard to avail of the GalaxyCard Services in any form shall be referred to as a "User Account". The general terms governing the use of the GalaxyCard Platform are set out herein. Please note that there shall be additional product and transaction specific terms and conditions applicable to the GalaxyCard Services.
Users are required to read, review, understand and agree to the terms hereunder for using or availing of the GalaxyCard Services, by clicking on the "I Accept"/ "Submit" button in the GalaxyCard App. Upon clicking "I Accept"/ "Submit" button in the GalaxyCard App, or upon availing of any part of the GalaxyCard Services, or upon applying for the opening of a User Account on the GalaxyCard Platform, a User indicates their acceptance of the terms of this Agreement and their intention to be bound by it. Once the terms contained hereunder are accepted by a User, the same shall be binding on such User while availing of the GalaxyCard Services in any manner whatsoever, and subsequent to such User's use of the GalaxyCard Services. Every User shall ensure that no third party uses its account on the GalaxyCard Platform, and that such User uses the GalaxyCard Services only for its own account and for its own benefit. Users shall be permitted to avail of the GalaxyCard Services including the User Account only after reading the terms herein and in the policy documents set out hereunder and after accepting the same.
Capitalised terms used herein but not defined above shall have the following meanings:
““Credit Information” means collectively the Credit Information Report and Credit Score which shall be generated by Experian;
“CICRA” shall mean the Credit Information Companies (Regulation) Act, 2005 read with related rules and regulations.
“Experian” shall mean Experian Credit Information Company of India Private Limited
Information Collection, Use, Confidentiality, No-Disclosure and Data Purging
GalaxyCard can only access your Credit Information as your authorized representative and shall use Credit Information for limited end use purpose consisting of and in relation to the services proposed to be availed by you from us on the Website. We shall not aggregate, retain, store, copy, reproduce, republish, upload, post, transmit, sell or rent the Credit Information to any other person and the same cannot be copied or reproduced other than as agreed herein.
The Parties acknowledge that the Credit Information provided to GalaxyCard is solely the property of Experian and the consumer (as appropriate). We shall protect and keep confidential the Credit Information both online and offline and use best in class security measures in line with applicable laws.The Credit Information shared by You, or received on your behalf shall be destroyed, purged, erased or returned to Experian promptly either on the customer seeks GalaxyCard expressly to do so and/or seeks to revoke the consent OR if it is mandated or intimated by regulators. The relationship between you and the Parties shall be governed by laws of India and all claims or disputes arising there from shall be subject to the exclusive jurisdiction of the courts of India.
Limitations on use of GalaxyCard services
GalaxyCard Services are provided subject to the application of the User being accepted and approved.
GalaxyCard operates as a deferred payment option and operates in association with other financial institutions and e-commerce merchants ("GalaxyCard Partners"). GalaxyCard does not provide any warranty of any kind, either express or implied, in relation to the services provided by the GalaxyCard Partners
GalaxyCard Services are strictly available for use only within India. Any jurisdiction other than India is a prohibited jurisdiction ("Prohibited Jurisdiction"). Users are not permitted to use the GalaxyCard Services in any Prohibited Jurisdiction. Any Prohibited Jurisdiction use will amount to a breach of this Agreement, and GalaxyCard shall forthwith be entitled to terminate this Agreement.
GalaxyCard may use third party service providers to render some or all of the GalaxyCard Services, or for facilitating the same. User agrees to the use of such third parties, and hereby provides consent for collection, analysis, use, dissemination and retention by such third parties of any and all personal data, or and sensitive personal data and information, of the User. User shall be bound by the terms of service of such third parties to the same extent as GalaxyCard would be bound. GalaxyCard shall however not be responsible or liable for any act, inaction, commission or omission by such third parties, including with respect to data protection, privacy, security practices, or compliance with applicable laws and regulations with respect thereto, including (but not limited to) the Information Technology Act 2000.
These terms shall be applicable to all existing and new Users. GalaxyCard reserves the right to modify or amend the terms herein, and an intimation thereof shall be sent to existing Users, who may decide to opt out of the GalaxyCard Services at such time by intimating GalaxyCard of such intention in writing. Continued use of the GalaxyCard Services shall be deemed to amount to confirmation and acceptance of the modified or altered terms hereof.
The Parties agree that the terms set out hereunder are in consideration of good and valuable consideration, and shall be and are intended to be binding on both Parties.
Scope of services
GalaxyCard operates as a deferred payment option and operates in association with the GalaxyCard Partners. These partners include but are not limited to Banks, NBFC's (Non-Banking Financial Company), merchant aggregators and their merchants and individual merchants directly associated with GalaxyCard. The GalaxyCard Services can be availed by using the pre-assigned credit limit that GalaxyCard has provided to the user at the time of the user signing up with GalaxyCard through its website and/or mobile app. Users can pay for the goods and services they have availed from the GalaxyCard partners by using their credit limit, by way of scanning the relevant QR code at the merchant or by availing the merchants services directly within the GalaxyCard app. Users are required to ensure that their transactions with the GalaxyCard Partner are for legal purposes.
User may open a User Account subject to the following conditions:
Opening of User Account.
User may complete the sign-up process on the GalaxyCard Website and create a User Account or User may create a User Account by first downloading and installing the GalaxyCard App on their Android smartphone or iPhone by using the Play Store or App Store, as applicable, subject to the terms contained herein.
User shall comply with the procedures prescribed for opening the User Account, including providing a valid and subsisting email address and completing the verification process and providing all requisite details and documents.
GalaxyCard reserves the right to reject opening, registration or validation of a User Account on any grounds it deems suitable, at its sole discretion, with due regard to legal and regulatory reasons.
Data Disclosures & Consent
User hereby allows access to and consents to GalaxyCard availing of and using the personal data and sensitive personal data and information of the User including but not limited to:
Name, address, contact information identification documents and details contained therein;
Mobile numbers, geographic location and IP addresses from which the GalaxyCard Services are being accessed;
Identity numbers and details of all equipment utilised to access or avail of the GalaxyCard Services, including devices from which the GalaxyCard Services are accessed; the device numbers, model and such or other details that may be culled out through automated processes; IMEI, ISMI, operating system, device model, RAM, CPU and other details for computers and mobile phones, unique installation number, iCloud device or email id for Apple products, fingerprinting details and other sensitive personal information required for allowing or completing the transactions envisaged herein, as GalaxyCard's sole discretion.
PAN Number and Aadhar Number and accompanying details for authentication and bureau checks.
For assessing the user's creditworthiness (i.e. the confidence GalaxyCard has in the user's ability and intent to pay his dues/bills), GalaxyCard may read, parse and analyse the users financial documents including but not limited to the users bank statements, Insurance policies, Details of Investments, Details of existing loans and credit cards, Income tax forms and Income tax receipts.
GalaxyCard may call upon User to furnish additional details and / or documents, either pursuant to governmental or regulatory compliance or due to modifications in any terms contained herein. User hereby agrees and undertakes to comply with the same within the timelines prescribed.
An Aadhaar card must be provided by all prospective Users, as GalaxyCard will use Aadhaar details to carry out verification procedures for each such User's identity and residence. However, GalaxyCard may call for additional documents as well, at its discretion.
Verification and limit assignment process.
GalaxyCard may, at its sole discretion, send to the User intimation of reasons for non-activation of a User Account. GalaxyCard is not under any obligation, however, to provide such notice.
In some cases, GalaxyCard at its sole discretion may offer the user other means of availing its credit services by furnishing a collateral /security deposit / upfront payment or any other form of securitisation as deemed fit by GalaxyCard. Refund of such security shall follow the refund rules as communicated to the user at the time of the customer providing such security. The customer must pay off all dues before asking for security refund. However, merely paying off all dues does not entitle the customer to a refund, all refund rules as communicated to the user at the time of availing the facility must be met.
Only natural or legal persons with a valid Indian PAN Card and an Aadhaar card may apply for a User Account and avail of any part of the GalaxyCard Services. Upon verification, if the PAN Card details furnished by a User are found to be falsified, invalid or otherwise inaccurate, GalaxyCard shall forthwith terminate the relevant User Account without notice to the concerned User.
Existing Users may be called upon to comply with the verification process contained in this Agreement. In the event of termination or deactivation of an existing User Account, Users shall be duly intimated by GalaxyCard, along with reasons for such deactivation and the procedures for redress (if any). Delay in termination of such User Accounts shall not amount to a waiver of the mandatory information and documentary requirements contained in this Agreement and in the AML Policy.
The credit limit assigned to a user is provided by registered financial institutions such as Banks and NBFC's (Non-Banking Financial Company) with which it has an existing partnership to provide such credit. GalaxyCard is not a financial institution and does not lend any money or provide any credit limit on its own. It merely acts as a facilitator of credit, providing avenues for its user's to avail, spend, manage and repay their credit limit. As such, the user agrees to be bound by the Terms and Service of the financial institution from which it has received his / her credit limit in addition to the terms and service laid out here.
Terms of payment
User can use the GalaxyCard Services upto the limit available in their User Account. GalaxyCard may at its sole discretion, allow an overdraft limit which will allow users to temporarily spend more than their credit limit. However, all such overdraft limits are temporary in nature and do not entitle the user to claim such overdraft limits in the future or claim a permanent increase in their credit limit. Users shall be bound by the policies, rules and User Guidelines prescribed by GalaxyCard periodically, the terms of which shall form part of this Agreement.
Re-Payment / Payment of dues
User understands that he is liable to pay for his spends done through GalaxyCard's credit limit at the end of his credit cycle. At the end of each credit cycle, GalaxyCard will issue a bill to the user which shall mention the due date for the payment required. Payment must be done before the due date to avoid late charges and penalties. The list of all such charges and penalties is available in the 'Schedule of charges' available at GalaxyCard's website www.galaxycard.in
User may pay their dues through any of the supported means including NEFT / IMPS / UPI / NACH / Net banking
User is hereby cautioned that GalaxyCard does not accept any payments in cash and has not authorised any person whatsoever to accept any payments in cash. User is advised not to give cash to any person, irrespective of any representations that such person may make with respect to creating an account or depositing such amounts with GalaxyCard or with another User on behalf of such User. User is also hereby cautioned that each User Account is intended only for the use of that single User, and no other person.
Users are required to conduct all transactions in relation to the payment for their GalaxyCard Services only through their own, duly authenticated, and legally opened and maintained digital payment accounts in India. All payments shall be made in Indian Rupees (INR)
GalaxyCard may offer the repayment facility for consideration in the form of transaction fees, as intimated to User prior to completion of the transaction. User hereby agrees to make the payment of such transaction fees, on terms set out on the GalaxyCard Website.
Any payments to be made by GalaxyCard to any User in relation to any transaction entered into between Users (and facilitated by GalaxyCard on the GalaxyCard Platform) shall be made after all appropriate deductions and withholding is made, as per applicable Law.
In case of default or late payment, GalaxyCard reserves the right to use suitable means to collect dues including electronic and or physical communication to the debtor and the debtor's known contacts. If the user has purchased any gold via GalaxyCard, GalaxyCard reserves the right to sell this gold for recovery of unpaid dues.
Interest Free period
GalaxyCard offers an interest free period of upto 45 days. The available interest free period shall vary depending on the exact date on which the transaction materialized and also on how many days are remaining in the existing credit cycle. The maximum interest free period is available on the first day of a credit cycle.
Fees and charges
To facilitate payment to merchants outside GalaxyCard's direct merchant network, GalaxyCard may levy a convenience fee, the exact amount of which shall be calculated and communicated to the user at the time of transaction.
All other fees and charges are listed on the GalaxyCard's website: www.galaxycard.in and in our MITC: https://s3.ap-south-1.amazonaws.com/galaxycard-blog/mitc.pdf
Gold purchased using GalaxyCard and it's partners cannot be used for trading, hence it is required that the user pays the bill for gold purchase before proceeding to sell the gold.
The proceeds from selling gold shall be credited to the user's GalaxyCard account only.
GalaxyCard has zero tolerance towards use of any portion of the GalaxyCard Services for or in connection with any illegal or unlawful purpose. Any such use of the GalaxyCard Services by any User shall result in forthwith termination of the relevant User Account, and GalaxyCard shall cooperate with governmental and regulatory authorities in the reporting and investigation of such actions (including by providing any information and details that such User has provided to GalaxyCard).
GalaxyCard shall report all suspicious activities to the concerned authorities to ensure initiation of investigation and prosecution. Users are therefore strongly cautioned against misuse of the GalaxyCard Services in any manner for illegal activities.
Users shall ensure strict compliance with the following user guidelines set out hereunder ("User Guidelines"):
Users shall ensure that they provide current, accurate, and complete information during the process of opening the User Account, and shall ensure that all such information is updated immediately upon any change of circumstances, or when prompted to do so by GalaxyCard.
User shall not divulge their account details to any third parties, including other Users. Users shall be solely responsible for ensuring the confidentiality and protection of the data pertaining to their User Account.
Users shall not share their account passwords with any third parties, including other Users.
Users shall not allow any third parties (including any other Users) to use their User Account in any manner, or to derive any benefit whatsoever from such User Account. Each User Account is intended for the use of a single User, who has registered with GalaxyCard in the manner prescribed under this Agreement and in the AML Policy. Each User is only permitted to have one User Account, and cannot open or maintain multiple User Accounts, or attempt to operate or gain access to another User Account (irrespective of whether the consent of such User has been obtained for such use or access).
User shall be wholly responsible and liable for all activities that occur in relation to, or in connection, their User Account, irrespective of whether the User has personal knowledge or control in relation to such activities.
Users shall utilise the GalaxyCard Services only for their personal purposes, and not for any commercial, industrial or professional purposes whatsoever.
Users shall use the GalaxyCard Services only for lawful purposes and shall not use any part of the GalaxyCard Services, for or in connection with any action or conduct which may amount to a violation of any applicable Law. Users shall be solely liable for all consequences (whether under applicable Law or otherwise) of any activities in connection with their User Accounts that contravene applicable Law in any manner whatsoever.
Without prejudice to the generality of the above, Users shall not use the GalaxyCard services for any unlawful purpose, including but not limited to money laundering, terrorism or any other illegal activity. Users shall also not use or avail of the GalaxyCard Services to convert illegal or wrongful gains, including those from criminal activities.
Users shall comply with the IPR policy set out herein and shall not violate the proprietary rights of GalaxyCard, or of any third party.
Users shall ensure that true and correct details are furnished to GalaxyCard including all information required for the account opening process and the KYC process (both during User on-boarding and on an ongoing basis); transactional details and such or other information, details and clarifications that GalaxyCard may require from time to time.
Users shall not make any misrepresentation in any communication to GalaxyCard, or with respect to any information or details rendered to GalaxyCard at any time, and shall not otherwise attempt to misinform or misguide GalaxyCard in any manner. Users are hereby duly informed that GalaxyCard shall share all such details with regulatory or legal authorities, as required under applicable Law, and the User shall be solely responsible for the correctness and veracity of the contents thereof. GalaxyCard shall have no liability whatsoever for any inaccuracy or falsehood in any information, document or communication from a User.
User shall not misuse or abuse the GalaxyCard Services in any manner. In particular, User shall not:
Violate these terms or the terms of the policies and guidelines prescribed by GalaxyCard;
Upload or share any information belonging to another person which the User does not have any right to share;
Impersonate another person, including any other User;
Infringe any patent, trademark, copyright or any other proprietary rights of GalaxyCard or of third parties;
Violate any law in India for the time being in force;
Deceive or mislead or communicate any information, which is grossly offensive or menacing in nature or about the origin of messages containing such information;
Upload any information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Do any act that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevent investigation of any offence or insult any other nation;
Users shall bear all responsibility for maintaining the confidentiality of their account information, including User Name, password / PIN, safeguarding their User Accounts; undertaking / implementing reasonable security measures to protect the same from malicious attacks or inadvertent losses and for any activity including transactions that are undertaken from the User Account.
GalaxyCard shall take reasonable measures to ensure security of their infrastructure but shall not be responsible or liable for any Loss arising due to breach or violation of third party infrastructure.
User shall be responsible for the confidentiality of the transactions in their account. Users have been duly notified that their transactions are not anonymous and that transaction activity will be shared if called upon by any legal, governmental or regulatory authority.
User shall notify GalaxyCard through "email@example.com" immediately upon noticing any suspicious activity on their User Account, or any unauthorized use of the User Account or their password or login details, or any breach of security in relation to the User Account. GalaxyCard shall not be liable for any Loss caused to the User as a result of such unauthorised use or access, if such Loss occurs pursuant to a failure to notify GalaxyCard in a timely manner.
The above requirements are mandatory to ensure security of the User accounts and to ensure authenticity of the same. Failure to comply with any of the above shall amount to a material breach, which may result in suspension, cancellation and / or termination of the User account and GalaxyCard shall be entitled to claim compensation for any Loss due to such material breach by a User.
Subject to compliance of the above User Guidelines, User is entitled to the benefits of the GalaxyCard Services;
GalaxyCard shall take all measures to ensure rendering of its services to User. GalaxyCard shall however not be responsible or liable for disruption or cessation of GalaxyCard Services due either to Regulatory, Governmental or Judicial actions or technical issues or due to circumstances beyond their control.
Users shall bear all liabilities towards taxes, as applicable.
Limitation of liability
GalaxyCard shall not be liable for any Loss caused to the User due to any service or goods availed from any of the GalaxyCard Partners.
GalaxyCard services are offered only on the digital domain, which is subject to risks. GalaxyCard shall not be liable for any Loss caused to the User if the same arises due to any Force Majeure event, including commissions or omissions by third parties, forces of nature, offensive attacks on GalaxyCard servers or on the personal devices of the users, changes in applicable Law, or any Loss caused by conditions or events beyond the reasonable control of GalaxyCard.
The above limitation on liability includes any Force Majeure event set out hereunder including acts of god; fire, act of terrorists, act of civil or military authorities, civil disturbance, war, strike or other labour dispute, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond reasonable control of GalaxyCard; offensive attacks including virus attack, hacking, denial of service attack or theft of the personal devices of the User resulting in Loss to the account.
GalaxyCard shall not be liable for any Loss caused to User due to a data breach of confidential information of the User, including of the User account details or User password, including when such breach has occurred due to the User sharing such details with third parties or due to the User's failure to follow reasonable due diligence. GalaxyCard shall also not be liable or responsible for any disclosure by User of any User Account details, including on account of a phishing attack or other third-party disruption.
"Force Majeure" shall mean and include any cause arising from or attributable to acts, or events, beyond the reasonable control of GalaxyCard, including natural calamity, strikes, terrorist action or threat, civil commotion, riot, crowd disorder, invasion, war, threat of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural disaster, calamity, attacks including through computer viruses, hacking, denial of service attacks, ransomware or other manmade disruptions or any law, order enactment, statutory direction, legislation, regulation, rule or ruling of government or any court of law or of a Government or regulatory authority.
These provisions shall survive the expiration or termination of this Agreement.
Intellectual property rights ("IPR")
Unless otherwise specified, all materials on GalaxyCard App and Services are the property of GalaxyCard and are protected under copyright, trademark and other applicable laws;
Users may view, print, and/or download a copy of such Materials on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices;
The trademarks, service marks and logos of GalaxyCard and others used in GalaxyCard and Services ("Trademarks") are the property of GalaxyCard and their respective owners;
The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this Website belong to GalaxyCard;
User or visitor to our website or any persons using or viewing our Apps are strictly prohibited from copying, reproducing, publishing, republishing, circulating, modifying, uploading, transmitting, collecting and / or distributing the trademarks and materials of GalaxyCard in any form or by any means, whether manual or automated;
Any unauthorized use of such property will be in direct violation of copyright, trademark, and other applicable laws and will result in criminal and / or civil legal actions and penalties;
Users shall not reverse engineer or disassemble any aspects of the GalaxyCard App or GalaxyCard Services for any reason whatsoever. Any such action shall amount to violation of the GalaxyCard IPR in and to such software;
GalaxyCard Services includes third party IP. GalaxyCard does not own any rights to such third-party IP and is bound by the license terms for such IP. Users shall also be bound by the license terms and shall violate any third-party IP that resides on or is accessible through the GalaxyCard Services.
User recognises that GalaxyCard will be given and have access to confidential including sensitive personal information of the User. User hereby agrees and consents to use by GalaxyCard of such confidential data and information for their commercial use. GalaxyCard shall take best efforts to keep such information confidential and not to disclose to any third parties except in the course of its business or for marketing, analytical and for processing of such data. This limitation shall however not apply to (a). data already in the public domain; (b). furnishing of data in pursuance of a request from a legal or regulatory authority or order from a Court;
The provisions of this clause shall survive the termination of this Agreement.
Users may submit their complaints in relation to GalaxyCard Services to GalaxyCard at firstname.lastname@example.org. Such complaints may be either with respect to GalaxyCard Services or any problems faced by Users in connection with their accounts with GalaxyCard. GalaxyCard shall revert, as soon as possible to such complaints.
Term & termination
User and GalaxyCard agree and confirm the following terms for continuation, suspension, cancellation or termination of this agreement.
This Agreement shall come into effect upon confirmation of the terms by the User herein and subsist till termination of the same upon any of the reasons set out hereunder ("Term").
GalaxyCard reserves the right to suspend or terminate a User account for the following reasons ("Termination").
GalaxyCard shall be entitled to suspend, and after due verification, and its sole discretion, terminate a User Account immediately upon the occurrence or detection of any of the following:
Use of a User Account for any suspicious activities, or any activities that are not consistent with applicable Law;
Failure of User to comply with the KYC norms contained in this Agreement;
Misrepresentations or misstatements by a User, or any inaccuracy, falsehood or misrepresentation in any of the information, documentation or details provided by a User;
Failure of User to update KYC details, when called upon;
In addition to the above the following actions or circumstances shall give the right but not the obligation for GalaxyCard to suspend and / or terminate a User Account:
Attempts to use in an unauthorised manner, or gain unauthorized access to, the GalaxyCard Services or to another User's User Account, or providing assistance to any other person's attempt to do so;
Attempts to overcome or circumvent any software security features on the GalaxyCard Platform;
If GalaxyCard has reasonable apprehension that User may be misusing the GalaxyCard Services for any unlawful activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, or if there are unaccounted for amounts retained in the relevant User Account, or if the User Account has been used for inordinately large transactions or transactions with an unclear or indeterminate purpose;
Failure to pay dues owed to GalaxyCard including any commissions fees payable to it; or
If the User undertakes fraudulent transactions through the GalaxyCard Services, or any unaccounted for or suspicious transactions, for which the User fails to provide suitable explanation despite service of notice by GalaxyCard in this respect.
GalaxyCard may also suspend and thereafter terminate any User Accounts for the following reasons:
Technical errors or glitches resulting in suspension of GalaxyCard Services, in part or full;
Any change in applicable Law;
If continuation of GalaxyCard Services is difficult or impossible due to technical or operational issues or due to change in the legal, regulatory or statutory provisions;
In the event of unexpected operational difficulties; or
Upon receipt of requests from governmental, regulatory, judicial, quasi-judicial or law enforcement authorities
Each of the instances set out above may be invoked to suspend and thereafter terminate this Agreement, or to directly terminate this Agreement.
In addition to the above, this Agreement shall stand automatically terminated if either party (a). becomes insolvent; (b). makes an assignment for the benefit of its creditors; (c) files a petition for bankruptcy; (d) takes steps towards dissolution or liquidation; or (e) appoints a trustee or receiver for all or any part of its assets.
The terms of this Agreement, which by their very nature survive termination of this Agreement shall subsist. Without prejudice to the generality of the above, provisions pertaining to IPR, Confidentiality, Privacy, Indemnity, Limitation of Liability, Governing Law, Dispute Resolution and choice of jurisdiction shall survive termination or cancellation of this Agreement.
Process for Termination
GalaxyCard may terminate the Agreement forthwith for any of the reasons set out above or first suspend the account pending verification and thereafter issue a communication of termination, where GalaxyCard determined that it is practicable to do so. Each of the instances set out above may be invoked for instantaneous termination or cancellation of the User Account. The onus of proving bad faith shall be on the User. In any event damages shall not exceed the amounts credited in the User Account, as on the date of suspension, cancellation or termination, whichever is earlier. User may terminate this Agreement with written notice to GalaxyCard, but such termination shall only be effective once such notice is accepted and acknowledged by GalaxyCard.
Consequences of Termination
Upon termination of this Agreement or earlier determination, the following consequences shall ensue:
The User Account and rendering of the GalaxyCard Services shall stand immediately terminated. User shall not be entitled to access or use the User Account or avail of any of the GalaxyCard Services;
Parties shall be entitled to the rights and dues already accruing to them.
User agrees that GalaxyCard will not be liable to User or to any third party for termination of the User Account or any restriction of access to the GalaxyCard Services.
Permissions and licenses granted to User under this Agreement shall cease immediately upon termination of this Agreement, and the User shall not be entitled to any access to the User Account or the GalaxyCard Services, or any rights or benefits in this respect, in any manner whatsoever.
User shall return to GalaxyCard any of GalaxyCard's IPR, or affirm deletion thereof immediately upon termination of this Agreement.
Any notice or other communication provided for in this Agreement shall be sent only through electronic mail. User hereby agrees to receive electronic or any other form of communication and notifications from GalaxyCard. Email messages sent over the Internet are not always secure and GalaxyCard is not responsible or liable for receipt of such communication by User. Once the email is dispatched by GalaxyCard, it shall be deemed to have been served on the User. GalaxyCard shall be deemed to have received communications from the User only upon actual receipt into the Inbox of the account of the person to whom such communication is addressed and acknowledged. GalaxyCard shall not be liable or responsible for receipt of communications or for any damages incurred by the result of sending email messages over the Internet.
All communications to GalaxyCard shall be at email@example.com. GalaxyCard shall ensure that any change or modification to the same is uploaded on the GalaxyCard Website.
All communications to User shall be at the electronic mail address provided by User, as part of the KYC norms or via App messages or SMS to the User's registered mobile number. User shall ensure that any change in the electronic mail address or communication option is duly intimated to GalaxyCard.
Governing law & jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India.
The parties agree to irrevocably submit to the exclusive jurisdiction of the courts in Mumbai for the resolution of any disputes arising from this Agreement or in connection therewith or pursuant thereto.
This Agreement or any rights or obligations hereunder shall not be assigned by the User to any third party without the prior written consent of GalaxyCard.
This Agreement shall bind and inure to the benefit of the parties, and their respective successors and permitted assigns.
The invalidity or unenforceability of any provision of this Agreement shall not in any way affect, impair or render unenforceable this Agreement or any other provision contained herein, which shall remain in full force and effect.
This Agreement shall be considered divisible as to such provision, which is deemed to be invalid or unenforceable and the remainder of this Agreement shall be enforceable and binding on the Parties.
No provision of this Agreement may be waived or changed except by a writing signed by the party against whom such waiver is sought to be enforced. The failure or omission by either party at any time to enforce or require strict or timely compliance to any provision of this Agreement shall not affect or impair that provision or any other provision in any way or the rights of such party hereof, to avail itself of the remedies it may have in respect of any subsequent breach of that or any other provision.
None of the provisions of this Agreement shall be deemed to constitute a partnership between the parties hereto and no party shall have any authority to bind or shall be deemed to be the agent of the other(s) in any way.
These terms may be periodically reviewed and revised. The revised draft will be uploaded on the GalaxyCard Website and will reflect the modified date of the terms. User is required to periodically visit the website and review terms and any changes thereto.
Continued use of the GalaxyCard Services constitutes agreement of User to the terms contained herein and any amendments thereto.