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.
We are Niki, a brand of Techbins Solutions Private Limited, unless
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
‘Agreement’ refers to these terms and conditions or
any other form of instruction provided to you
‘Services’ refers to any service that we might
provide, supply, sale for free or for any fees via our Mobile
Application or website
‘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
‘Mobile Application’, ‘App’ refers to the
Niki mobile application owned and operated by Niki or any other
platform or communication channel offered by Niki.
‘Merchants’ refers to any brand or service provider
listed on Niki which shall fulfil the Orders placed by Users
‘Order’ refers to the confirmed order or booking made
by User on the App for availing any Service or purchase of Good.
‘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.
‘we’, ‘us’, ‘our’, ‘Niki’, ‘Techbins’ refers to
the company Techbins Solutions Private Limited
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
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.
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.
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.
The fulfilment of order of Goods and Services made on the App is
responsibility of the Merchant.
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.
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
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.
The User will not use any illegal method or use any illegal
financial property for making payments or transactions on the App.
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.
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.
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
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
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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
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.
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.
Any personal information submitted on the App or to Niki in any
understand our practices.
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.
The trademarks, logos displayed on the App are the property of
Niki. You are not permitted to use the marks without prior consent
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.
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.
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.
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.
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.
In case of any query, you may write to email@example.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
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.