Terms and Conditions
MIRI Circle Terms & Conditions
1 Drishtee under its brand MIRI (Made in Rural India) is providing a Subscription based home delivery service of consumables within Food, Textile and Housing categories. To ensure efficiency of operation and ease of customers, we facilitate customer registration by using a mobile app which offers subscriptions for availing the products. The customers can choose from a range of subscriptions which match their requirement. Some of the products are; 1. Fresh seasonal vegetables basket. 2. Essential Food grain basket. 3. Milk and Milk product basket. 4. Cut / Semi Processed Vegetables / Grains (Sprouts) basket. 5. Snacks and Spices basket.
2 Subscription Package Customers can take any of the available subscription by using the mobile application and make online payment. The mobile application (supported by the web version) will take care of the subscription and its deliveries. The customers can also keep a track of the deliveries / pending deliveries by using the same mobile application.
3 Subscription Renewal by Customers Customer can renew their subscription by using the mobile application and follow the above process to keep a track of the deliveries as well.
4 Subscription Auto Renewal If Customers forget to renew or cancel his/her subscription and the subscription expires, Drishtee can automatically renew the customer’s subscription for fixed number of deliveries to provide an uninterrupted service. However, based on customer feedback, we can continue or discontinue the subscription and payment or refund would happen or pro rata basis (based on the number of deliveries).
5 Subscription Cancellation If the subscriber’s cancels the active subscription, the balance amount will be calculated and the same will be credited to the customers dedicated wallet maintained by Drishtee. Later this amount can be utilized for any other purchases on the MIRI app.
6 Service Policies, Modification and Severability Drishtee reserves the right to make changes to the service, policies, and the ‘Terms of Usage’ at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. User activities will be governed by these terms and condition and any other applicable policies or agreements communicated through Email, WhatsApp or SMS.
7 Applicable Law By using this service, you agree to adhere to the laws of India which also governs these ‘Terms of Usage’ and any dispute of any sort that might arise would be subject to the law of the land.
8 Disputes Any dispute relating in any way to the use of this service shall be submitted to the exclusive jurisdiction of the courts at Delhi, India.
9 Our Address This Service is owned and operated by Drishtee at BSI Business Park, H-15, First Floor- 107/108 Sector 63, Noida- 201307
10 Drishtee Mobile Application usage Terms & Condition
11 Terms of Use Drishtee provides this mobile application and website to you subject to the following conditions. By visiting the application and services associated with the website (collectively and individually known as the “Service”), you accept these conditions. These ‘Conditions of Use’ constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
12 Data-Sharing and Usage Agreement This agreement establishes the terms and conditions under which the Service can acquire and use data from the subscribers / users. Either party may be a provider of data to the other, or a recipient of data from the other. The confidentiality of data pertaining to individuals will be protected as follows: 1. The data recipient will not release the names of individuals, or information that could be linked to an individual, nor will the recipient present the results of data analysis (including maps) in any manner that would reveal the identity of individuals. 2. The data recipient will not release individual addresses, nor will the recipient present the results of data analysis (including maps) in any manner that would reveal individual addresses. 3. Both parties shall comply with all laws and regulations governing the confidentiality of the information that is the subject of this Agreement. 4. The data provider authorizes the data recipient to share / release data to a third party without prior approval from the data provider. 5. The data recipient may share, publish, or otherwise release any findings or conclusions derived from analysis of data obtained from the data provider without prior approval from the data provider. 6. Data transferred pursuant to the terms of this Agreement shall be utilized solely for the purposes that enable the Service and its future versions. 7. All data transferred to a 3rd party shall remain the property of Drishtee and shall be returned to Drishtee upon termination of the data sharing agreements with any 3rd party. 8. Any third party granted access to data, as permitted under condition #4, above, shall be subject to the terms and conditions of this agreement. Acceptance of these terms must be provided in writing by the third party before data will be released.
13 Electronic Communications When you use the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Copyright All content included on this Service, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Drishtee or 3rd parties as and when applicable and protected by Indian and international copyright laws. The compilation of all content on this Service is the exclusive property of Drishtee or its partners and protected by Indian and international copyright laws. All software used is the property of Drishtee and protected by Indian and international copyright laws. Trademarks Services and other marks indicated are trademarks of Drishtee or its affiliates in India and other countries. Graphics, logos, page headers, button icons, scripts, and service names are trademarks of Drishtee or its affiliates. These may not be used in connection with any product or service that is not Drishtee or its affiliates’ as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Drishtee or its affiliates. All other trademarks not owned by Drishtee or its affiliates that appear on this service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Drishtee or its affiliates. License and service access Drishtee grants you / your organization a limited license to access and make personal use of this service and not to modify it, or any portion of it. This license does not include any resale or commercial use of this service or its contents; any derivative use of this service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This service or any portion of the website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Drishtee and / or its affiliates, as may be applicable. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Service. You may not use any meta tags or any other “hidden text” utilizing the service name. Any unauthorized use terminates the permission or license granted by Drishtee and / or its affiliates. You are granted a limited, non-assignable, revocable, and non-exclusive right to use the service without indulging in practices that are false, misleading, derogatory, or otherwise offensive in nature. You may not use any portion of the Service without express written permission.
14 Accessibility Conditions This Service is not intended for use by children or minors under the age of 18 years. You may use the service only with involvement of a parent or guardian in case of being a minor as defined by Indian Law. Drishtee reserves the right to refuse service, terminate accounts, or remove or edit content in their sole discretion. You must not use the Service in any way that causes, or is likely to cause, the website or the mobile application, or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer or mobile device to Drishtee and you must use the Service for lawful purposes only and only in accordance with the applicable law. You must not use the Service for any of the following: 1. For fraudulent purposes, or in connection with a criminal offence or other unlawful activity. 2. To send, use or reuse any material that is illegal, offensive, (including but not limited to material that is sexually explicit or which promotes racism, bigotry, hatred or physical harm), abusive, harassing, misleading, indecent, defamatory, disparaging, obscene or menacing; or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam.” 3. To damage the reputation of the Service.
15 User License If you submit material, and unless indicated otherwise, you grant Drishtee and its affiliates a nonexclusive, royalty-free, irrevocable, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for as long as you are permitted to grant the said licence under applicable law. You grant Drishtee and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content or material that you post or submit or that you otherwise provide on or through the Service; that the content is accurate; that the content is lawful; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Drishtee and its affiliates for all claims arising from content you supply. Drishtee has the right but not the obligation to monitor and edit or remove any activity or content. Drishtee takes no responsibility and assumes no liability for any content submitted by you or any third party. Services Description Drishtee attempts to be as accurate as possible for service description. However, it does not warrant that descriptions of or other content of this service is accurate, complete, reliable, current, or error-free. Access to the Service may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or at any time without prior notice. While there will be attempts to limit the frequency and duration of any such suspension or restriction, Drishtee will not be liable for any losses or claims therein during this downtime. This service is provided on an “as is” and “as available” basis. Drishtee makes no representations or warranties of any kind, express or implied, as to the operation of this service or the information, content, materials, or products included. You expressly agree that your use of this service is at your own and sole risk. Drishtee reserves the right to withdraw or delete any information from this service at any time in its discretion. To the full extent permissible by applicable law, Drishtee disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Drishtee does not warrant that this service, its servers, or e-mail sent are free of viruses or other harmful components. Drishtee will not be liable for any damages of any kind arising from the use of this service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages Applicable Law By visiting this Service, you agree that the laws of India will govern these Terms of Use and any dispute of any sort that might arise. Disputes Any dispute relating in any way to your use of this service shall be submitted to the exclusive jurisdiction of the courts at Delhi, India. Service Policies, Modification and Severability Drishtee reserves the right to make changes to the service, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. User activities will be governed by the conditions of u and any other applicable policies or agreements. Our Address This Service is owned and operated by Drishtee at BSI Business Park, H-15, First Floor- 107/108 Sector 63, Noida- 201307
16 Drishtee Digital Wallet Terms of Use
17 Drishtee has implemented a digital wallet service, hereinafter referred to as the ‘Service’ for providing a range of mobile and web-based services under Swavlamban and the Brand is used as MIRI. The following words and expressions shall have the corresponding meanings wherever appropriate. 1. “Bank” shall mean any bank that is a service partner of Drishtee or any of its successors or assignees. 2. “Digital Wallet” or “Mobile Wallet” shall mean Mobile Wallet Services of Drishtee launched with specific service partner(s) and includes the service over the Application/USSD/SMS/any other means. 3. “Mobile Wallet” shall mean a mobile based prepaid wallet registered with the Bank. 4. “Wallet Holder” means the holder of Digital / Mobile Wallet. 5. “Product” shall mean Wallet Services provided to the Wallet holder. 6. “Bank website” means the respective website(s) of the financial institution partnering with Drishtee. 7. “BC” shall mean Business Correspondent appointed by the Bank. 8. “CSP” shall mean Customer Service Points appointed by BC. 9. “Transaction” or services: Transaction or services includes cash-in (cash deposits), cash-out (cash withdrawals), person to person (P2P) fund transfer, bill payments, purchase of tickets, making payment for purchases made/services availed at merchant establishments, etc. by utilizing the wallet. 10. “MIRI” shall mean Made in Rural India a brand which is promoted by Drishtee.
18 Terms and Conditions for Digital Wallet No person is entitled to use the Digital Wallet without proper understanding and agreeing to the Terms and Conditions for the Service. By using the Digital Wallet, the Wallet holders thereby agree and give consent to these Terms and Conditions, which form the contract between the Wallet holder and Drishtee via the Bank. Digital Wallet shall be governed by such existing terms and conditions and by amendments made to the same by the Bank from time to time. These terms and conditions shall be in addition to and not in derogation of other terms and conditions relating to any account of the Wallet holder and/or the respective product or the service provided by the Bank unless otherwise specifically stated.
19 Rules Governing Digital Wallet Issue of Digital/Mobile Wallet in India is governed by RBI and respective service providers (usually a financial institution such as the Bank). The following rules will apply to the Mobile Wallet: 1. The product will be available to users having a valid Mobile Number, Identity Proof and Address Proof. Collectively known as KYC compliant users. 2. The transaction limits would be as per the details displayed by Drishtee. 3. Entering the wrong Mobile PIN (MPIN) / Password thrice will block the Mobile Wallet for 24 hours and after two such consecutive blockages, the Wallet holder must reset / generate a new MPIN before using the service as per the procedure laid down for the same. 4. Any change in the business rules of any of the processes will be notified on Drishtee Service and this will be construed as enough notice to the Wallet holder. 5. Drishtee and the Bank reserves the right to reject a Wallet holder’s request for Mobile Wallet without assigning any reasons. 6. Drishtee or the Bank may block the Wallet for transactions, if the same has not been accessed by the Wallet holder for six months and will be called as suspended / dormant Wallet. If the Wallet has not been re-activated within next one year, the same will be deactivated / cancelled. 7. The Wallet holder can reactivate suspended / dormant Wallet as per the procedure laid down for the same. 8. The Wallet holder can request for termination of the Wallet as per the procedure laid down for the same. 9. The Wallet holder shall remain accountable for all the transactions on the Mobile Wallet made prior to confirmation of any such termination request by Drishtee or the Bank. 10. It shall be Drishtee or the Bank’s endeavor to give a reasonable notice for withdrawal or termination of the Wallet, but Drishtee or the Bank may at its discretion withdraw temporarily or terminate the Wallet, either wholly or partially, anytime without giving prior notice to the Wallet holder. 11. The Mobile Wallet may be suspended for any maintenance or repair work for any breakdown in the Hardware/ Software related to the service, any emergency or security reasons without prior notice and Drishtee or the bank shall not be responsible if such an action has to be taken for such reasons. 12. Drishtee or the Bank may also terminate or suspend the services under the Mobile Wallet without prior notice if the Wallet holder has violated the terms and conditions laid down by this agreement or on the death of the Wallet holder when brought to the notice of Drishtee or the Bank. 13. In the event of death of the Wallet holder, Drishtee or the Bank will stop operations in the Mobile Wallet. The balance available in the Mobile Wallet will be settled as per the rules governing the disposal of assets of the Deceased Constituents. 14. The Mobile Wallet is non-transferable. 15. No interest shall be payable on the balance available in Mobile Wallet.
20 Usage By accepting the terms and conditions on the Account Opening Form for Mobile Wallet while registering for the product, the Wallet holder: 1. agrees to use the Mobile Wallet for financial and non-financial transactions offered by the Bank from time to time. 2. also irrevocably authorizes Drishtee and the Bank to debit the Mobile Wallet for all transactions/services undertaken by using MPIN. 3. agrees to use the services offered under the Product using the MPIN in accordance with the procedure as laid down by Drishtee and the Bank from time to time, including the terms and conditions contained herein. 4. agrees to keep the MPIN confidential and will not disclose these to any other person or will not record them in a way that would compromise the confidentiality of the same or the security of the service. 5. authorizes Drishtee and the Bank to map the Wallet number (Mobile Phone Number) and Wallet ID for the smooth operation of Mobile Wallet offered by Drishtee and the Bank and to preserve the mapping record in its own server or server of any other third party and to use such data at its discretion for providing/enhancing further banking/ technology products that it may offer. 6. agrees that he/ she is aware and accepts that Mobile Wallet offered by Drishtee and the Bank will enable him/her to transact using MPIN within the limit prescribed by Drishtee and the Bank and all such transactions will be deemed as bona-fide transaction. 7. agrees that the transactions originated using the mobile phones are non-retractable as these are instantaneous/real time. 8. understands and explicitly agrees that Drishtee and the Bank has the absolute and unfettered right to revise the prescribed ceilings and charges from time to time which will be binding upon him/her. 9. agrees to use the product on a mobile phone properly and validly registered in his/her name only with the Mobile Service Provider and undertakes to use the Mobile Wallet only through Mobile Phone Number which has been used to register for the Mobile Wallet. 10. expressly authorizes Drishtee and the Bank to carry out all requests/ transactions purporting to have been received from his/ her mobile phone and authenticated with his/ her MPIN. In the case of payment facilities like cash out, fund transfer, mobile top up, bill payment, etc., the Wallet holder shall be deemed to have expressly authorized Drishtee and the Bank to make the payment when a request is received from him/ her. 11. accepts that any valid transaction originating from the Wallet Number (registered mobile phone number) shall be assumed to have been initiated by the Wallet holder and any transaction authorized by the MPIN is duly and legally authorized by the Wallet holder. 12. agrees that while the Information Technology Act , 2000 prescribes that a subscriber may authenticate an electronic record by affixing his digital signature which has been given legal recognition under the Act, Drishtee and the Bank is authenticating the Wallet holder by using Mobile Number, MPIN or any other method decided at the discretion of Drishtee and the Bank which may not be recognized under the IT Act, 2000 for authentication of electronic records and this is acceptable and binding to the Wallet holder and hence the Wallet holder is solely responsible for maintenance of the secrecy and confidentiality of the MPIN without any liability to Drishtee and the Bank. 13. agrees to keep himself/herself updated about any information/ modification relating to the services offered which would be publicized on Drishtee and the Bank websites or at CSPs and would be responsible for taking note of / compliance of such information/ modifications in making use of the Product.
21 Others 1. The Wallet holder shall be required to acquaint himself/herself with the process for using the Product and that he/she shall be responsible for any error made by him/her while using the Product. 2. Drishtee and the Bank reserves the right to decide what services may be offered. Additions/ deletions to the services offered under the product are at its sole discretion. 3. The instructions of the Wallet holder shall be effected only after authentication under his/her Wallet Number and MPIN or through any other mode of verification as may be stipulated at the discretion of Drishtee and the Bank. 4. While it shall be the endeavor of Drishtee and the Bank to carry out the instructions received from the Wallet holders promptly, it shall not be responsible for the delay/ failure in carrying out the instructions due to any reasons whatsoever including failure of operational system or due to any requirement of law. The Wallet holder expressly authorizes Drishtee and the Bank to access his/her wallet information required for offering the services and to share the information regarding his/ her wallet with the service provider/ third party as may be required to provide the services. 5. The transactional details will be recorded by Drishtee and the Bank and these records will be regarded as conclusive proof of the authenticity and accuracy of transactions. 6. The Wallet holder hereby authorizes Drishtee and the Bank or its agents to send promotional messages, greetings or any other messages from time to time. 7. The Wallet holder understands that Drishtee and the Bank may send “rejection” or “cannot process the request” messages for the service request(s) sent by the Wallet holder which could not be executed for any reason. 8. Drishtee and the Bank shall make all reasonable efforts to ensure that the Wallet holder information is kept confidential but shall not be responsible for any inadvertent divulgence or leakage of confidential Wallet holder information for reasons beyond its control or by action of any third party. 9. The Telecom Service provider of the Wallet holder may levy charges for each SMS/ dial/GPRS/USSD and Drishtee and the Bank is not liable for any dispute that may arise between such telecom service provider and the Wallet holder.
22 Fees Drishtee and the Bank reserves the right to charge the Wallet holder a fee for the use of the services provided under the Product and change the fee structure at its discretion. Display of such charges on Drishtee and the Bank’s websites would serve as enough notice and the same is binding on the Wallet holder.
23 Indemnity In consideration of Drishtee and the Bank providing the Product, the Wallet holder agrees to indemnify and hold them harmless against all actions, claims, demands proceedings, loss, damages, costs, charges and expenses which Drishtee and the Bank may at any time incur, sustain, suffer or be put to as a consequence of or arising out of or in connection with any services provided to the Wallet holder pursuant hereto. The Wallet holder shall indemnify and keep indemnified Drishtee and the Bank for unauthorized access by any third party to any information/instructions/triggers given by the Wallet holder or breach of confidentiality.
24 Governing Law & Jurisdictions The Product and the terms and conditions of the same are governed by the applicable laws in India. Any dispute or claim pertain to the Product and /or the terms and conditions herein are subject to the exclusive jurisdictions of competent courts/tribunals/forums in New Delhi and the Wallet holder agrees to such exclusive jurisdictions in New Delhi.