GroupPal.in (Muraya Network Private Limited)

TERMS OF USE

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published by the provisions of Rule3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.grouppal.in][www.grouppal.in] ("Website"), including the related mobile site and mobile application (hereinafter referred to as "Platform")

The Platform is owned by Muraya Network Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Ground Floor,#6- Mahalingapuram Main Road, Kamdar Nagar, Nungambakkam, Chennai, Tamilnadu, India. Its Admin offices are at 80C, Racecourse Road, Coimbatore, Tamilnadu, India (hereinafter referred to as "GroupPal").

Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that apply to the Platform for such transactions. By mere use of the Platform, You shall be contracting with Muraya Services Private Limited and these terms and conditions including the policies constitute Your binding obligations, with GroupPal.

For these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. GroupPal allows the User to surf the Platform or make purchases without registering on the Platform. The term "We", "Us", "Our" shall mean Muraya Network Private Limited.

When You use any of the services provided by us through the Platform, including but not limited to, (e.g. Product/Service Reviews, Seller/Service Provider Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by GroupPal Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

 

 

USER POLICY

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not by this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a one-time password verification.

You agree that GroupPal shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.

If You share or allow others to have access to Your account on the Platform ("Account"), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

COMMUNICATIONS

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

PLATFORM FOR TRANSACTION AND COMMUNICATION

The Platform is a platform that Users utilize to meet and interact with one another for their transactions. GroupPal is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

USER REFERRAL POLICY

1. GroupPal Referral Programme is a reward program initiated by Muraya Network Private Limited ("GroupPal") for encouraging Eligible Users to refer the GroupPalApp to their friends and family.

2. Each Eligible User ("Referee") is provided with a referral code, which he/she may choose to share with people known to them personally and have consented to receive such referral code.

3. Each new user ("Referred") downloading theGroupPalApp shall receive a referral code-shared by the Referee.

4. Users must refer and distribute the referral codes only to people known to them personally and have consented to receive such referral code. Users must not send bulk and spam emails to distribute the referral code nor must users post it on any public platform for distribution to strangers. Any violation of these terms will immediately lead to disqualification of use of the GroupPal App in addition to exposure to further legal action.

8. For these terms and conditions "Eligible User" shall mean such users as may be indicated by GroupPal from time to time.

9. In case of any issue about the eligibility to refer or be referred, the independent decision made by GroupPal shall be final and binding. For any issue aboutthe receipt of Rewards, please write to support@grouppal.in.

10. Company reserves the right to terminate the GroupPal Referral Programme or modify these terms at any point in time, without notice to users. This wouldn't affect the benefits already availed by such users.

11. These terms are in addition to and not a substitution for the terms and conditions on the GroupPalApp/website or other product(s) / service(s) specific terms and conditions. Further, these terms shall be governed by and constructed by the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Chennai.

 

 


 

FRANCHISEE POLICY

ELIGIBILITY

* Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

*" As a minor if you wish to transact on the Platform, such transactions on the Platform may be made by your legal guardian or parents. GroupPal reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to GroupPal's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

PERIOD

Your membership commences as soon as you havepaid the applicable Franchisee Fees andregistered as a member on the Application. The annual membership is valid fortwelve (12) consecutive months (the Annual Term) and will automatically renew each year on the anniversary of registration unless your membership is terminated by these terms. 

MEMBERSHIP FEES & CHARGES

* The Fee varies according to the Franchisee Type like Area, City, District, State and National Franchisee on the date of purchase.

* The Fee for Annual membership is payable in full upfront or can avail EMI options at the time of registration.

* The Fee is payable by a valid debit or credit card and will be deducted using the payment type selected during the membership registration process. Any changes to payment details must be done at least 72 hours before any payment is due to us. 

* If for any reason your selected payment method is unsuccessful, we will send you an email informing you of this. You will have 72 hours to make a successful payment before your franchisee is suspended. If your membership is suspended, you will be required to make the payment within 21 days of the suspension to reactivatethe access. If you do not make the payment within these 21 days, your account will automatically terminate and all Points will be forfeited. If you want to re-join, you will be required to re-register.

TERMS OF FRANCHISEE

* Franchisee was given in the objective to develop the Merchant Network in the specific area (Pin codes) Assigned to them.

* If the Franchisee opts for Muraya Network Private Limited Services, the Franchiseeunderstand that the Transaction shall be completed only upon receipt of the Customer Retention Cost (CRC) Feesin the Muraya Network Private Limited Account for every single transaction made by the merchant and reconciliation of the same by the Payment Gateway Partner or Banking Partner and Muraya Network Private Limited.

* Franchisee shall receive a certain percentage from Merchant Customer Retention Cost (CRC) Fees as revenue for availing Franchisee

CANCELLATION OF FRANCHISEE

* You have the right to cancel your membership within fourteen(14) days for any reason. The cancellation period will expire after Fourteen (14) days from the day you registered to become a member of the App. To cancel these terms and your membership, please email your request to us at support@grouppal.inwith the subject: cancel and request the refund. Your request will be handled within 2 working days.

* If you cancel this contract within fourteen (14) days of registering to become a member of the App, we will reimburse you the Fee.

* All refunds are made without undue delay. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. However, some payment networks and some merchant transaction processors have the right to levy a fee on such refund transactions. You acknowledge and agree that such decisions are outside of GroupPal control.

* If this Fourteen (14) days cancellation period has lapsed,You will not be entitled to a refund of the Fee or any part of the Fee already paid.

* If you do not wish to automatically renew your annual membership, you must cancel directly online by logging in to your account at www.grouppal.in at least 48 hours in advance of the renewal date.

CANCELLATION BY US

* We shall have the right, immediately and without notice, to block, restrict, suspend or terminate your franchisee, if, in our sole opinion, you are in breach of any of the provisions of these terms.

* We reserve the right to suspend and terminate Franchisee of any Member displaying behaviour, language and attitude which are contrary to globally accepted standards.


 

MERCHANT POLICY

TERMS OF PAYMENT TO MERCHANT

* Muraya Network Private Limited shall endeavour to instruct the Payment Gateway Partnerto transmit the Settlement Amount to the Merchant's Bank Account within the period prescribed by RBI commencing from the date of Completion of Transaction.

* If the Merchant opts for Muraya Network Private Limited Services, the Merchant understand that the Transaction shall be completed only upon receipt of the Customer Retention Cost (CRC) Feesin the Muraya Network Private Limited Account for every single transaction made by the merchant and reconciliation of the same by the Payment Gateway Partner or Banking Partner and Muraya Network Private Limited.

* The Merchant hereby agrees that all payments concerning refunds and Chargebacks shall be the sole responsibility of the Merchant and Muraya Network Private Limited shall not be liable for any claims, disputes, penalties which may arise in connection with such refunds or Chargebacks to the Merchant or the Customer. The Merchant agrees to indemnify Muraya Network Private Limited in respect of any claims, disputes, penalties, costs and expenses arising directly or indirectly about refunds or Chargebacks for all Transactions initiated and instructed through the Merchant Policies.

* Notwithstanding anything contained anywhere in this Agreement, the Merchant herebyconfirms and agrees that Muraya Network Private Limited or Payment Gateway Partner and Nodal Bank reserve the right to reject payments concerning any Customer Charge for reasons including but not limited to unlawful, unenforceable, doubtful or erroneous Transaction, Chargeback, refund, fraud, suspicious activities, card Authentication and Authorization issues, overpayment made due to mathematical errors or otherwise, penalties incurred, Transaction related issues, issues related to Delivery, Customer Charge or Product, if the Transaction was not made by the requirements of Muraya Network Private Limited or Payment Gateway Partner.

* In the event of rejection of payment concerning Customer Charge, Chargeback, refunds or other Outstanding Amounts due to Muraya Network Private Limited, Acquiring Bank and/or the Customer by the Merchant, Muraya Network Private Limited and/or the Acquiring Bank reserve the right to reverse the credit given to the Merchant Bank Account or set-off the payment amount rejected, Chargeback or refunded or the Outstanding Amount against Settlement Amount payable to the Merchant. Muraya Network Private Limited and/or Payment Gateway Partnermay also deduct the payment amount due from future Settlement Amounts payable to the Merchant concerning subsequent Transactions.

* If Muraya Network Private Limited, Payment Gateway Partner and/or the Acquiring Banks determine that the Merchant is incurring an excessive amount of Chargebacks, Muraya Network Private Limited may establish controls or conditions governing the Transactions contemplated under this Agreement, including without limitation, by (a) establishing new processing fees, (b) by requesting a Reserve in an amount reasonably determined by Muraya Network Private Limited to cover anticipated Chargebacks, (c) delaying pay-outs, and (d) terminating or suspending the Muraya Network Private Limited Services.

* All Settlement Amount due to the Merchant under this Agreement may be suspended or delayed till Muraya Network Private Limitedand/or Payment Gateway Partner deems fit, if (a) the Merchant or its Customer or a third party commits any fraud or violates any law or legal requirement; (b) Muraya Network Private Limited and/or the Acquiring Banks have reasons to believe that a fraud has been committed against the Customers, Muraya Network Private Limited, Acquiring Banks or any third party by the Merchant, its Customers, or any other third party; or has reason to believe that the Merchant or the Customer has in connivance with any other person done any fraud or assisted in the same, or any transaction has been fraudulently initiated; (c) the Merchant has excessive pending Chargebacks or poses high Chargeback and/or refund Risk; (d) continuous non-delivery or delayed delivery of Products to Customers; or (e) for any other reasonable reasons.

DELIVERY

* The Merchant shall dispatch/render the Products and services to the Customer only upon transaction confirmation from Muraya Network Private Limited to the Merchant. The Merchant acknowledges that Muraya Network Private Limited shall give confirmation only upon receipt of transaction confirmation in respect of the Transaction from the Payment Partner. Muraya Network Private Limited shall not be responsible for any transactions that have not been confirmed with Muraya Network Private Limited by the Acquiring Banks.

* The Merchant shall ensure that it maintains Proof of Delivery concerning each Transaction initiated through the Merchant Site for a period of at least one (1) year from the date of delivery. Proof of Delivery shall be open for inspection by Muraya Network Private Limited, The Payment Gateway Partner and/or the Acquiring Banks at all times during working hours on Business Days. Notwithstanding any other Clause of this Agreement, the Merchant understands that Muraya Network Private Limited and/or the Acquiring Bank and/or Nodal Bank reserve the right to call for Proof of Delivery, at any time, before and/or after settlement of Settlement Amount to the Merchant's Bank Account concerning any Transaction. Muraya Network Private Limited and/or the Acquiring Banks have the right to reverse Customer Charge amount to the Customers and/or reject the Customer Charge to Merchant if Proof of Delivery is not provided by this Agreement.

* The Merchant shall deliver the Product within the Delivery Due Dates specified at the time of making the transaction on the GroupPal App. If the Merchant is unable to deliver the whole or any part of the Transaction within the Delivery Due Date, the Merchant shall forthwith inform the Customer and take immediate action to refund the Customer Charge in whole or in part as per the Customers instructions.

* All risks associated with the Delivery by the Merchant shall be solely that of the Merchant and not Muraya Network Private Limited. Any disputes regarding the quality, merchantability, non-Delivery, delay in Delivery or otherwise shall be resolved directly between the Merchant and the Customer without making Muraya Network Private Limited and/or the respective Acquiring Bank a party to such disputes.

COMPLIANCE WITH LAWS:

As required by applicable law, if the Customer (User). purchases an amount equal to or above INR 2 00 000.00, the Customer(User) will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer(User) will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer(User) and the name on the PAN Card.

Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the Rules made thereunder, Foreign Contribution Regulation Act, 1976 and the Rules made thereunder, Income Tax Act, 1961 and the Rules made thereunder, Export-Import Policy of the government of India) applicable to them respectively for using Payment Facility and GroupPal Platform