These terms and conditions (Terms and Conditions) shall apply to and govern the commercial arrangement between CHANKYA E-SERVICES PVT. LTD.. (herein after referred as ' CES') and the Retailer/Distributor/MASTER Distributor. These Terms and Conditions and any attachments hereto represent the entire agreement between CES and the Retailer/Distributor/MASTER Distributor and no changes to the same are binding unless they are in writing and intimated by the authorized representative of CES.
“ CES” is a digital financial facilitation service provider, a company incorporated under the Companies Act, 2013 and having its Corporate Office : 3rd Floor, Satdhan Complex,Near Kotak Mahindra Bank, Jalna Road, Rokdiya Hanuman Colony Aurangabad– 431001 (hereinafter referred to as the Company/ CES which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns)
1.1 During the Term, the Retailer/Distributor/MASTER Distributor shall render the services (“Services”) of CES, by and through such of its officers, employees, agents, representatives and affiliates as it shall designate, from time to time. Notwithstanding anything contrary contained in these Terms and Conditions, CES shall have the right at any time, to modify, alter and amend the lists of Services, including the manner, procedure, process in which the Retailer/Distributor/MASTER Distributor will be required to perform the Services and the Retailer/Distributor/MASTER Distributor shall be bound by all such modifications, alterations and amendments made by CES.
1.2 The Retailer/Distributor/MASTER Distributor shall only market, distribute sell or promote such CES Services as are permitted expressly by CES. The Retailer/Distributor/MASTER Distributor shall not automatically have the right to market, sell, distribute, or promote any product or service that may be provided by other retail outlets, whether in the present or in the future. In the event of any addition to the Services, CES may, at its sole discretion, intimate the Retailer/Distributor/MASTER Distributor that the Retailer/Distributor/MASTER Distributor is entitled to sell, market, distribute and promote such product or service. CES shall also have the right to direct the Retailer/Distributor/MASTER Distributor to discontinue providing any of the CES Services at the Retail Outlet without assigning any reason whatsoever.
1.3 CES shall specify to the Retailer/Distributor/MASTER Distributor, the necessary infrastructure and equipment including but not limited to computer terminals, peripherals attachments, internet and broadband connectivity, mobile device and/or any such device with GPRS connectivity, HTML enabled, which is compatible enough to run CES Software/Services etc, for effectively providing the CES Services, which the Retailer/Distributor/MASTER Distributor shall acquire at its sole expense. In case of the MPOS Application, the Retailer/Distributor/MASTER Distributor shall be entitled to install the CES Software on that particular mobile device and/or any such other device, which is proposed to be registered with CES for availing CES Services, and no other mobile/device of the Retailer/Distributor/MASTER Distributor shall have such Software installed unless registered under the terms and conditions of this Agreement. Further, the Retailer/Distributor/MASTER Distributor shall prominently display the CES signage, signboards, logos, etc at a prominent place in the Retail Outlet, strictly in accordance with the directions issued by CES in this regard.
1.4 Upon satisfactory installation and operation of the necessary equipment and peripherals, CES shall, subject to these Terms and Conditions, install the necessary software and other CES Intellectual Property to enable the provision of the Services. All Services shall be provided solely through the portal of CES or are recorded therein and no offline transactions are permitted and/or no such fake/false receipts should be issued by the Retailer/Distributor/MASTER Distributor for the willful fraud transaction done by the Retailer/Distributor/Sta Distributor which are not transacted through CES Software/portal. However, if any Retailer/Distributor/MASTER Distributor is found and/or discovered doing any such malicious/wrong/willful/fraudulent acts and/or offline transactions, it shall be liable and charged for such civil/penal and criminal acts by and under but not limited to the Indian Penal Code 1860 and Criminal Procedure Code 1973.
1.5 The Retailer/Distributor/MASTER Distributor shall obtain all necessary license(s), permits and approvals for selling, distributing, marketing and promoting the Services from the Retail Outlet and shall bear all costs and incidental expenses incurred in this regard, including without limitation all fees for application, license fees, charges and taxes.
1.6 The Retailer/Distributor/MASTER Distributor shall keep the Retailer/Distributor/MASTER Distributor Outlet open for business during normal business hours, or as permitted by law or such other time period as CES may specify from time to time.
1.7 The Retailer/Distributor/MASTER Distributor shall ensure that the Retail Outlet is utilized for the purpose of rendering the Services in accordance with these Terms and Conditions. The Retailer/Distributor/MASTER Distributor shall further ensure that and shall not cause or permit (a) any material that may not be made available to the public under applicable law, including without limitation any vulgar, obscene, pornographic, misleading, defamatory, libellous, offensive, derogatory, threatening, harassing, abusive or violent content, to be made available in the Retail Outlet or (b) any activities that are proscribed under law or reasonably considered to be immoral or against public interest.
1.8 CES may, at its sole discretion and with or without consideration, provide training manuals, technology support, ongoing advice and assistance to the Retailer/Distributor/MASTER Distributor and designated employees of the Retailer/Distributor/MASTER Distributor, including, provision of brochures, pamphlets, charts, signboards, signage and other materials for the purposes of advertisement, promotion and marketing the Services. Any materials supplied by CES shall be utilized solely in relation to the provision of Services and the Retailer/Distributor/MASTER Distributor shall ensure that such materials are not utilized for any other purpose.
1.9 The Retailer/Distributor/MASTER Distributor shall not encroach/poach upon the areas of operation of other neighbouring Retailer/Distributor/MASTER Distributors appointed by CES or act in any manner which will prejudice the business prospects of neighbouring Retailer/Distributor/MASTER Distributors appointed by CES.