Terms of Service

Please read the following terms and conditions carefully before registering, signing in, downloading, using, accessing any material or information, browsing, chatting and/or using the Mobile Application or the Site. Your use of the Mobile Application or website will signify you have read and agreed to all terms of using this service set forth below including any additional guidelines and modifications that might be made in the future. If at any time during the course of using this service, you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the Mobile Application and website and immediately terminate your use of the services.

General

  1. We are Niki, a brand of Techbins Solutions Private Limited, unless otherwise stated.
  2. Niki is an online destination in form of Mobile Application, where Users of the App can place Order(s) on various listed Merchants or services and the Merchant will fulfil the same. Niki’s role is limited to managing the App (defined below) over which the Merchants and services are listed and other incidental services are provided to enable the transactions between the Merchants and the Buyers.

Definitions

  1. ‘Agreement’ refers to these terms and conditions or any other form of instruction provided to you
  2. ‘Services’ refers to any service that we might provide, supply, sale for free or for any fees via our Mobile Application or website
  3. ‘Goods’ refers to any product or good that we might provide, supply, sale for free or for any fees via our Mobile Application or website
  4. ‘Mobile Application’, ‘App’ refers to the Niki mobile application owned and operated by Niki or any other platform or communication channel offered by Niki.
  5. ‘Merchants’ refers to any brand or service provider listed on Niki which shall fulfil the Orders placed by Users
  6. ‘Order’ refers to the confirmed order or booking made by User on the App for availing any Service or purchase of Good.
  7. ‘Buyers’, ‘Users’ refers to you, the person accepting this terms and conditions and using the App for ordering Goods and Services offered on the App.
  8. ‘we’, ‘us’, ‘our’, ‘Niki’, ‘Techbins’ refers to the company Techbins Solutions Private Limited

Eligibility

  1. Please note that certain Goods or Services may be suitable for certain age groups only. The User should check and decide whether the Goods or Services you are ordering are suitable for you or not.
  2. Niki reserves the right to refuse access to use the Goods or Services offered at the App to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
  3. Goods and Services purchased from this App are intended for your use only and you warrant that any Goods and Services purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Goods or Services. If found doing so would resulted in violation of your acceptance to the Agreement.
  4. You will not create nor have more than one active account on the App. Additionally, you are prohibited from transferring your account to another party.

Ordering

  1. The fulfilment of order of Goods and Services made on the App is responsibility of the Merchant.
  2. Niki shall accept Orders for the services offered on behalf of Merchant only in the capacity of the entity that provides an access to App and accepting orders on behalf of the Merchant. In the event payments are collected by Niki on behalf of the Merchant, in the mode/s as conveyed to the Users, the same will be collected while acting as an agent of the Merchant with the sole intent of facilitating the transactions of the Merchant.
  3. Niki shall provide the contact details of the Merchant on whose behalf, Niki has accepted the order and will provide the Order details along with User details to the Merchant. After placement of Order, Niki will bear no legal or financial responsibility for any disputes arising on fulfilment of goods or services but will co-operate in case of unsatisfactory or non-fulfilment of Goods or Services.
  4. User warrants that the credit or debit card used during the transaction or any other form of payment used whether internet banking or use of any internet wallets are owned by the User or the User have necessary permission from the owner of the card holder to use it for making payments. The User also warrants that the associated card, bank account or wallet account has sufficient amount to make the payment.
  5. The User will not use any illegal method or use any illegal financial property for making payments or transactions on the App.
  6. Niki takes full care in selecting and on-boarding the quality Merchants on the App to make sure that Goods and Services offered are of good quality. But Niki cannot be held responsible in case of any issue with the Merchant.
  7. Niki takes complete care of keeping your information confidential and your payment details secure but in case of any leak, hack or negligence of our part, we cannot be held liable for any loss you may suffer from this data.
  8. All Orders accepted by Niki are subject to confirmation from the Merchant and we shall communicate to you for confirmed or cancelled orders once we receive the appropriate response from the Merchant.
  9. No Orders once placed can be altered, changed or cancelled by the User. Any alteration, change or cancellation in the Order is between you and the Merchant and Niki is not involved in such decisions.
  10. You agree to take proper care of providing the correct, accurate and complete information about yourself, the order details and the delivery information to ensure smooth fulfilment.

Price Information

  1. We try and make our best efforts to keep the prices of Goods or Services updated. We also try to keep suggested plans or prices based on our information but at times, they may not be the latest pricing of the Goods and Services. In such a condition, User will be required to make the additional payment of the Goods and Services to the Merchant.
  2. Any discounts or coupons offered by Niki will cover deduction in amount during the process of making the payment to Niki. No claims later will be entertained. The discounts or coupons cannot be applied later once the order is confirmed and no reasons or queries will be entertained in this respect.
  3. Niki strives to get the best deals and provide the most competitive prices and we try to provide you with the best pricing for any Goods and Services that we offer. All prices mentioned on the App are received from the Merchants who has offered to fulfil the Goods or Services.
  4. You must make sure to use a debit or credit card or bank account or internet wallet that you can legally use and either own or have authorization to use. During the transaction and processing of payment, you must provide the correct, accurate and complete details. Niki cannot be held responsible for any illegal use of ant debit or credit card or bank account or internet wallet. It is solely the responsibility of the User to use authorized payment details and ensure sufficient balance, limit or payment capacity is present in the card or bank account or internet wallet.

Fulfilment

  1. The fulfilment of Goods or Services is solely the responsibility of the Merchant on whose behalf Niki has accepted the Order. The User at all times is kept informed of the Merchant that you are ordering from and you have chosen and accepted to place your Order with that Merchant.
  2. Niki shall provide contact information of the Merchant on the App and the User can contact the Merchant in case of any discrepancy in fulfilment of Order.
  3. The information provided by Niki about fulfilment will be based on information received from Merchant and the delay in delivery or unsatisfactory quality of Goods or Services different from the given description is entirely the responsibility of the Merchant and in the entire fulfilment process, Niki takes no responsibility of quality. We do choose our Merchants with extreme quality control and only reputed Merchants are listed on the App to make sure that Users do face any challenges, but in situation that it may arise, we will co-operate from our end to communicate your grievance to the Merchant if required but will not be liable for the end result.

Indentification and Limitation of Liability

  1. You agree to indemnify and hold harmless Niki including but not limited to its Merchants, affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Niki that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to this Agreement.
  2. We disclaim any and all liability to you for providing Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you, such liability is limited to the amount you have paid for the relevant Goods or Services to Niki. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
  3. With acceptance of the Agreement, you further agree to hold Niki harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the App, any claim that your violation of the Agreement, or your violation of any rights of another, including any intellectual property rights.
  4. In no event shall Niki, its officers, directors, employees, Merchants, investors, or partners be liable to you for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Niki has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your access to or use of the App.
  5. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your mobile system via our App.
  6. We take complete measures in ensuring security of data collected from you but we cannot be held liable in the extremely unlikely event of a breach in our secure servers or those of third parties where data is stored.
  7. Any discounts are subject to Niki’s discretion and can be changed, altered or withdrawn anytime without providing any prior information to the User. The User cannot hold Niki responsible for any losses arising from the usage or non-usage of these discounts.

Violation of Agreement

  1. You agree that you agree to follow any and all clauses and conditions mentioned in the Agreement. In case of any violation due to violation of any or all clause and conditions mentioned in the Agreement, Niki reserves full right to terminate your account without providing reason or prior notice. Niki reserves complete right to seize your account in whatever condition it is and freeze it without doing anything about any information contained in the account or pending Orders.
  2. If Niki does take any legal action against you as a result of your violation of the Agreement, Niki is entitled to fully recover from you all attorney’s fees and costs as a result of such activity by you. You agree to fully pay any such fees incurred in the process.

Privacy

  1. Any personal information submitted on the App or to Niki in any other form is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
  2. You expressly acknowledge, agree and understand that in order to provide Services, Niki, may from time to time, access Your contact list and/or SMS data on your mobile device to collect, use your contact list or SMS data in accordance with the Privacy Policy. Niki collects your SMS and contact data with the sole purpose of providing a personalized experience on the app. For instance, Niki might provide user the ability to perform recharge for a contact just by entering his name, add a contact to an ongoing conversation with Niki or provide a reminder regarding your impending postpaid bill due date by reading your operators message. Niki collects users SMS and contacts data via a secure interface (HTTPS), the data is used to help user make quicker transactions and to provide personalized reminders and recommendations, the data is used internally only and is not shared with any external parties. The data is being processed in an automated manner and is not exposed or visible to any human, either internal or external to Niki. By permitting us to collect information regarding Your contacts and SMS data, you hereby agree to provide Niki a right to use such information for providing Services and also warrant that you have all requisite rights in your favour to share this information with Niki.

Intellectual Property

  1. The trademarks, logos displayed on the App are the property of Niki. You are not permitted to use the marks without prior consent of Niki.
  2. We own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other IP rights in the App. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the App or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the App to create a competing product. Niki is owned by Techbins Solutions Private Limited. Unauthorized use is strictly prohibited.

Merchant Content

  1. The App makes available content and details from Merchants who Niki is working with. Niki believes that the content provided to them by Merchants is original and they have the necessary rights. You cannot hold Niki liable in case any content provided by Niki results in loss to you.
  2. The App may contain hyperlinks or advertisements or texts that navigate a user to another mobile application or website not controlled by, or affiliated with Niki. In addition, other mobile applications or websites may link to the App. Niki has not reviewed these mobile applications and websites and is not responsible in any way for these mobile applications and websites, or any of their content.

Miscellaneous

  1. If any dispute arises between you and Niki during the subsistence of this agreement or thereafter, Niki may elect to resolve any dispute, controversy or claim arising out of or relating to 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 Bangalore, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Niki may seek any interim or preliminary relief from a court of competent jurisdiction in Bangalore, India, necessary to protect the rights or the property of you or Niki (or its Merchants), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Niki 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.
  2. Any and all feedback, review or content in any form provided by you will be non-confidential and Niki can make use of this information on an unrestricted manner.
  3. In case of any query, you may write to info@techbins.com. During the course of any communication as well, if you are using the App in any form, it will signify you are in acceptance of the Agreement.
  4. Niki reserves all rights to provide you Goods or Services and we will not accept any liability due to any errors and omissions during the course of this Agreement.