Terms & Conditions

Updated on March 2019

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the tokme website located at tokme.in, and all associated sites linked to tokme.in, or the tokme mobile application or any similar platform (hereinafter collectively, the tokme Platform run by B-fly Technologies Private Limited, on any device and/or before availing any services offered by tokme on the tokme Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by tokme on the tokme Platform (hereinafter individually, and collectively, the tokme Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all tokme Services, whether offered by B-fly or its affiliates.

Acceptance

By registering on, accessing, browsing, downloading or using the TokMe Platform for any general purpose or for the specific purpose of availing any TokMe Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each TokMe Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any TokMe Service or any future service that may be offered by TokMe on the TokMe Platform. By registering on, accessing, browsing, downloading or using (as applicable) the TokMe Platform or availing any TokMe Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the TokMe Platform and immediately terminate Your availing the TokMe Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the TokMe Platform or a customer or beneficiary of the TokMe Services, and TokMe. All services are rendered by TokMe through the TokMe Platform under the brand name “TokMe” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, TokMe, regarding Your use of TokMe’s digital services (which includes but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets), the semi closed wallet service, the marketplace service or any such other services which may be added on the TokMe Platform and which will henceforth be a TokMe Service, from time to time. The TokMe Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, TokMe grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the TokMe Platform and/or avail the TokMe Services.

The TokMe Services are not available to persons under the age of 18 or to anyone previously suspended or removed by TokMe from availing the TokMe Services or accessing the TokMe Platform. By accepting the T&Cs or by otherwise using the TokMe Services on the TokMe Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by TokMe, or disqualified for any other reason, from availing the TokMe Services or using the TokMe Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. 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, TokMe reserves the right to suspend or permanently prevent You from availing TokMe Services or using the TokMe Platform.

Additional terms and conditions may apply in order for You to avail specific TokMe Services and to specific portions or features of the TokMe Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the TokMe Platform or for any TokMe Service offered on or through the TokMe Platform, the latter terms shall control with respect to Your use of that portion of the TokMe Platform or the specific TokMe Service. TokMe may make changes to any TokMe Services offered on the TokMe Platform, or to the applicable terms for any such TokMe Services, at any time, without notice. The materials on the TokMe Platform with respect to the TokMe Services may be out of date, and TokMe makes no commitment to update the materials on the TokMe Platform with respect to such TokMe Services. The following terms also govern and apply to Your use of the TokMe Platform, and they are incorporated herein by this reference: https://TokMe.com/about-us/our-policies/#tandc https://TokMe.com/privacy-policy

TokMe’s SSOID service offers You the convenience, after a one-time registration any TokMe Platform, to sign on (log in) to all web pages and online platforms operated by TokMe or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which TokMe’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of TokMe is solely responsible only for those content that it actually operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by B-fly for use on all Participating Platforms. For the use of TokMe’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform TokMe immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that TokMe sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts TokMe’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. TokMe is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for TokMe) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.

By accepting the T&Cs, You accept the following:

1. TokMe may send alerts to the mobile phone number provided by You while registering with the TokMe Platform for the SSOID service or on any updated mobile number subsequently provided by You on the TokMe Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.

2. TokMe will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from TokMe as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the TokMe Platform or availing any TokMe Services. TokMe shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold TokMe liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.

3. The SMS/e-mail alert/push notification service provided by TokMe is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, TokMe shall be immediately informed about the same by You and TokMe will make best possible efforts to rectify the error as early as possible. You shall not hold TokMe liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.

4. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. TokMe shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

5. You will indemnify and hold harmless TokMe and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which TokMe or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from TokMe and/or the SMS/e-mail service provider.

You understand that except for information, products or services clearly indicated as being supplied by TokMe, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that TokMe cannot and does not guarantee or warrant that files available for download through the TokMe Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.

By accessing or using the TokMe Platform or by availing TokMe Services, You agree not to:

1. violate the T&Cs;

2.impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the TokMe Services, perform any other similar fraudulent activity or otherwise avail TokMe Services with what we reasonably believe to be potentially fraudulent funds;

3. infringe our or any third party’s intellectual property rights, rights of publicity or privacy;

4. use the TokMe Services if You are under the age of 18 years without a parental sponsor or, in any event, use the TokMe Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;

5. post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;

6.post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;

7. refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to TokMe;

8. remove, circumvent, disable, damage or otherwise interfere with security-related features of the TokMe Services and the TokMe Platform or features that enforce limitations on the use of the TokMe Services or the TokMe Platform;

9. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards TokMe Services or TokMe Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;

10 use the TokMe Services or the TokMe Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the TokMe Services or the TokMe Platform in an automated manner;

11. modify, adapt, translate or create derivative works based upon the TokMe Services and the TokMe Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;

12.intentionally interfere with or damage operation of the TokMe Services or the TokMe Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;

13. use any robot, spider, other automatic device, or manual process to monitor or copy the TokMe Platform without prior written permission;

14. interfere or disrupt the TokMe Platform or networks connected to the TokMe Platform;

15. take any action that imposes an unreasonably or disproportionately large load on TokMe’s infrastructure/network;

16. use any device, software or routine to bypass the TokMe Platform’s robot exclusion headers, or interfere or attempt to interfere, with the TokMe Services;

17. forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the TokMe Platform or to manipulate Your presence on the TokMe Platform;

18. sell the TokMe Services, information, or software associated with or derived from it;

19. use the facilities and capabilities of the TokMe Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;

20. breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;

21. provide false, inaccurate or misleading information;

22. use the TokMe Platform to collect or obtain personal information, including without limitation, financial information, about other users of the TokMe Platform, except and only as expressly provided in the T&Cs;

23. avail TokMe Services with what TokMe reasonably believes to be potentially fraudulent funds;

24. use the TokMe Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to TokMe, a third party or You;

25. use the TokMe Services in a manner that TokMe or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;

26. take any action that may cause TokMe to lose any of the TokMe Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;

27. send automated request of any kind to the TokMe Platform without express permission in advance from TokMe.

You agree that TokMe, 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 TokME Services/TokME Platform and remove and discard on the TokME Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. TokME may also in its sole discretion and at any time discontinue providing access to the TokME Services, or any part thereof, with or without notice. You agree that any termination of Your access to the TokME Services/TokME Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that TokME will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TokME may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the TokME Services/TokME Platform.