When you use CIRCLES, you enter into a legal agreement, which is what we have outlined below.
Terms of Service (“Terms”)
The Terms set forth below shall form a binding legal contract between you and Plankton Technology Private Limited (“Plankton”) having its registered office at CIIE Initiatives, CIIE Building, Near IIM New Campus, Vastrapur, Ahmedabad, Gujarat - 380015. You agree and acknowledge that you have read the Terms set forth below. We may amend the Terms at any time by posting an updated version on the App. The updated version of these Terms shall take effect immediately upon posting and may be notified, via the App. It is your responsibility to review these Terms periodically for updates / changes.
You have the right to opt-out of agreeing to these Terms, and therefore also using the App. If you are not comfortable with any of the Terms or do not wish to be bound by the same, you are at liberty to refrain from using the App and the App Services.
However, please be aware that your use of the App Services would mean deemed acceptance of these Terms and its associated policies mentioned here, including any modification thereof. As long as you comply with these Terms, Plankton grants you a personal, non-exclusive, non-transferable, limited license to use the App Services.
1. Scope of the App Services
Plankton is the owner and controller of ‘CIRCLES’ which is a mobile application hosted on AWS (cloud) that provides a platform that primarily enables a User (‘Discount Requester’) to avail credit/debit card or mobile wallet based discounts, even when they do not own these financial instruments by connecting them to a User (‘Card Holder’) who owns the required credit/debit card or mobile wallet and is willing to carry out the transaction for ‘Discount Requester’ and includes other related facilities and services offered on CIRCLES currently or in the future, where such services can be accessed via the internet either on mobile and desktop/ laptop (“CIRCLES” or “App”).
By registering with CIRCLES and using the App Services, you are representing that
You are 18 years of age or older;
You are capable of entering into a legally binding agreement;
You are not barred or otherwise legally prohibited from accessing or using Plankton under the laws of India.
If you allow anyone to use your account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with the terms. You will be responsible for all actions these individuals take in and/or through your account. You also acknowledge that Plankton does not have the responsibility of ensuring that you meet the aforesaid requirements.
Please be aware that while Plankton has the right to grant you the license to use the App and the App Services, we also reserve the right to revoke or refuse the use of the same, subject to our reasonable discretion. In this regard, we may also choose to suspend your CIRCLES Account or your access to the same. As a registered User, in such an event, you may contact our support team to assist you/ resolve the situation. Additionally, do also note that these Terms are not an indicator or a guarantee towards the continued availability of the App Services.
“Applicable Law” means all applicable laws, rules, regulations, guidelines, statutory or government notifications in India including Reserve Bank of India regulations.
“App Services” means the services mentioned in Section 1 vis-à-vis the App.
“CIRCLES Account” or “Account” means the account you create on CIRCLES for the use of the App Services.
“Card Holder” means User who receives payment from the Discount Requester.
“Discount Requester” means a User who uses the App Services to make payments to the Card Holder.
“Transaction” means a payment or payment request made by the User for sending or receiving payments.
“UPI” means Unified Payment Interface.
“User” means a person who registers for the App Services vis-à-vis the CIRCLES Account.
“We” or “Us” means Plankton.
“You” or “Your” means a User.
Those terms are supposed to be used as a reference to understand the text below.
4. Registering with CIRCLES
To avail our services you are required to first download our App, and then create a CIRCLES Account. Your account shall require you to agree to provide the following details:
Plankton may require you to provide additional details, as and when required, in order to comply with any applicable regulatory requirement or for additional services/ products via the App, as and when offered, and may also utilize data lawfully obtained from third party service providers authorized by the User, to provide the App Services.
You are responsible for any access to the App through your Account, whether such access is directly by you or through any third party. You will also be responsible and liable to us for all activities that take place or occur through and in your Account. You agree that your ability to log into your Account is dependent upon external factors such as internet service providers and internet network ability and we shall not be liable to you for any damages or consequences arising from your inability to log into your account.
Once you complete registration on the App, you will be a User of CIRCLES which allows you to:
access and use the services provided in the App; and
feed your Credit/debit card/s and mobile wallet information so we can match you with a Discount Requester requiring specific financial instrument if you own it; and
As a Discount requester you make a payment to Plankton, which shall then initiate transaction request with Card Holder/s and once you as a Discount Requester confirm that transaction is finished then Circles will proceed to make such payment on your behalf to the concerned Card Holder.
By providing us with your mobile number, you consent to our using the mobile number to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your mobile number to send you other messages, including changes to features of the service and special offers.
For the sake of clarity, if you choose to sign up for the CIRCLES, you will be consenting to provide Plankton with access and the right to use your information as set out below:
Access to information provided by you to third party service providers authorized to share such information, for the purpose of the App Services
5. Your Use of Circles
When you use our App, you are representing to us that:
Your use of the App shall not violate any applicable law or regulation, and that you fulfill the eligibility criteria set forth under Section 2;
All registration information you submit is truthful, complete and accurate;
Your use of the App, or its content is only for personal purposes. Your personal and non-commercial use of the App prevents you from decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with our App, including copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
You shall not access or use the App in any manner that may be harmful to the operation of the App or its content;
You shall not use any product or service available on the App for commercial purposes, or use the App Services in any way that is unlawful, or harms Plankton or any other person or entity;
You will not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the App or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the App.
You will not delete or modify any content of the App, such as legal notices, disclaimers or proprietary notices, copyright or trademark symbols and logos.
Your use of Plankton shall indicate that you have provided consent to automatically receive requested updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the App Services. Please note that your continued use of the App following such Updates would mean deemed acceptance by you of the same.
You are responsible for any fees that may be applicable to certain transactions or use of the App; where you will be notified of such applicable fees, prior to the completion of any transaction. Only if you consent to paying the above mentioned fees, shall the transaction go ahead. All fees shall be determined by Plankton and will be inclusive of taxes.
You are responsible for ensuring the correctness of details such as your UPI ID for payment of transaction done by you through your credit/debit cards or mobile wallet for Discount Requester. Plankton shall not be responsible for any payment for an incorrect UPI ID or transaction. In case, money has been charged to your card or bank account and a payment/service is not delivered by the service provider within 72 working hours of your completion of the transaction then you may inform us regarding the same by sending an email to firstname.lastname@example.org. We shall investigate such incidents and if it is found that money was indeed charged to your card or bank account without delivery of the payment/service then you will be refunded the money within twenty one (21) working days from the date of receipt of your email. All refunds will be Credited to your card or bank account. Plankton will have the sole discretion to determine the mode of reversal from the above mentioned options. However, Plankton disclaims any and all liability, including for refunds, in the event of any error arising from a failure in the applicable bank or Credit card service provider’s system or network or ecommerce website/platform/app or travel booking website/platform/app.
You understand that a payment transaction is solely between the Discount Requester and the Card Holder, and that Plankton does not provide any guarantees or warranties with respect to any User or any service, goods, or delivery level commitment provided by such User.
Plankton cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions mentioned here. You assume all risk of harm or injury resulting from any such lack of compliance by any other user or any person.
You should ensure that you have undertaken adequate due diligence prior to transferring payments using the App Services. Any dispute is between the Discount Requester and Card Holder without making Plankton a party to such disputes. While Plankton is not obligated to mediate disputes, we will assist users in communicating with each other regarding a dispute.
11. Use and Protection of Intellectual Property Rights
Plankton, CIRCLES and the App Services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. No information, content or material from the App may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Plankton's express written permission. You are hereby given a limited licence to use the App Services, subject to your agreement of these Terms.
When you upload, submit, store, send or receive content that may include feedback to or through our App, you give Plankton a worldwide, perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not revert to you even if it is not used by Plankton. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the App Services, and to develop new ones. This licence continues even if you stop using the App Services.
12. Tax Liability
You hereby agree to comply with any and all applicable tax laws in connection with your use of the App Services, including without limitation, the reporting and payment of any taxes arising in connection with payments made through the App, or funds/income received through the App Services..
13. Representations and Warranties
The App Services, including all content, software, functions, material, and information made available or accessible through the Services are provided “as is”. Plankton, CIRCLES, their respective agents, co-branders or partners, make no representation and warranty of any kind for the content, software, functions, material, and information available/accessible through the Services.
Plankton does not warrant that the functions contained in content, information and materials on the App, including, without limitation any third-party sites or services linked to the App will be uninterrupted, timely or error-free, that the defects will be rectified, or that the App or the servers that make such content, information, and materials available are free of viruses or other harmful components.
You agree to defend, indemnify and hold harmless Plankton, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs or debt, and expenses (including any legal fees) arising from:
your use of and access to the App;
your violation of any of these terms;
your violation of any third party right, including any intellectual property right or privacy right;
the committing of any of the prohibited activities as stated here;
your failure to be in compliance with applicable law, including tax regulations; or
any claim that your use of the App caused damage to a third party.
15. Limitation of Liability
In no event shall Plankton, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether Plankton 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 use of, or access to, the App or App Services.
Plankton’s total cumulative liability arising from or relating to these terms and conditions shall not exceed the net fees Plankton has actually received and retained from your valid transactions during the three (3) month period immediately preceding the date of the claim.
16. Force Majeure
Plankton and its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors, distributors and service providers shall be relieved of all responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures, or fluctuations, computer virus attacks, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond our reasonable control or any of the foregoing entities' respective resellers, distributors, service providers and suppliers. You further acknowledge and agree that neither we, nor any of the foregoing entities are responsible or liable for (a) any incompatibility between the App and any other website, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the App in an accurate or timely manner. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
18. Governing Law and Jurisdiction
The App, the App Services, all your transactions with the App, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore.