Please read the following terms and conditions carefully before registering on, accessing, browsing,
downloading or using the Sky8Pay website, and all associated sites, or the sky8pay .
mobile application or any similar platform (hereinafter collectively, the sky8pay .
Platform run by Sky8Pay,
Any of its affiliates (hereinafter collectively, sky8pay . or Sky8Pay on any device
and/or before availing any services offered by sky8pay . on the Sky8Pay Platform which
may include services such as recharge or bill payment, digital products, semi-closed wallet service
and marketplace service or any other service that may be offered by Sky8Pay on the Sky8Pay Platform
(hereinafter individually, and collectively,
The sky8pay . Services). For the avoidance of doubt, it is clarified that these
terms and conditions shall apply to all Sky8Pay Services, whether offered by Sky8Pay or its affiliates.
By registering on, accessing, browsing, downloading or using the Sky8Pay Platform for any general
purpose or for the specific purpose of availing any Sky8Pay Service, you agree to be bound by the
single-sign-on ID (hereinafter TRANSFER) terms and conditions set forth below as well as by the
service-specific terms and conditions applicable to each Sky8Pay Service (hereinafter collectively,
the T&Cs).
These T&Cs shall also include any additional or modified terms and conditions in relation to the
TRANSFER or any additional or modified service-specific terms and conditions in relation to any
Sky8Pay Service or any future service that may be offered by Sky8Pay on the Sky8Pay Platform. By
registering on, accessing, browsing, downloading or using (as applicable) the Sky8Pay Platform or
availing any Sky8Pay Service or the TRANSFER, you automatically and immediately agree to all the T&Cs.
If at any time you do not accept or agree with any of the T&Cs or do not wish to be bound by the
T&Cs, you may not access, browse or use the Sky8Pay Platform and immediately terminate your availing
the Sky8Pay Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter
Agreement) between you, being at least 18 years of age and an individual user of the Sky8Pay Platform
or a customer or beneficiary of the Sky8Pay Services, and Sky8Pay.
All services are rendered by Sky8Pay through the Sky8Pay Platform under the brand name “Sky8Pay” (or any
derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and
obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by,
Sky8Pay, regarding your use of Sky8Pay’s digital services (which includes but may not be limited to
prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets),
the semi closed wallet service, the marketplace service or any such other services which may be
added on the Sky8Pay Platform and which will henceforth be a Sky8Pay Service, from time to time.
The Sky8Pay Services shall be used by you subject to your adherence with the T&Cs. As long as you
accept and comply with these T&Cs, Sky8Pay grants you a personal, non-exclusive, non-transferable,
limited, revocable privilege to enter and use the Sky8Pay Platform and/or avail the Sky8Pay Services.
The Sky8Pay Services are not available to persons under the age of 18 or to anyone previously suspended
or removed by Sky8Pay from availing the Sky8Pay Services or accessing the Sky8Pay Platform. By accepting
the T&Cs or by otherwise using the Sky8Pay Services on the Sky8Pay Platform, you represent that you are
at least 18 years of age and have not been previously suspended or removed by Sky8Pay, or disqualified
for any other reason, from availing the Sky8Pay Services or using the Sky8Pay Platform. In addition, you
represent and warrant that you have the right, authority and capacity to enter into this Agreement
and to abide by all the T&Cs as part of this Agreement.
Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent
your identity, age or affiliation with any person or entity. Finally, in the event of any violation
of the T&Cs, Sky8Pay reserves the right to suspend or permanently prevent you from availing Sky8Pay
Services or using the Sky8Pay Platform.
Additional terms and conditions may apply in order for you to avail specific Sky8Pay Services and to
specific portions or features of the Sky8Pay Platform, including contests, promotions or other similar
features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by
such other terms and conditions, including where applicable representing that you are of sufficient
legal age to use or participate in such service or feature. If there is a conflict between these
T&Cs and the terms posted for or applicable to a specific portion of the Sky8Pay Platform or for any
Sky8Pay Service offered on or through the Sky8Pay Platform, the latter terms shall control with respect
to your use of that portion of the Sky8Pay Platform or the specific Sky8Pay Service.
Sky8Pay may make changes to any Sky8Pay Services offered on the Sky8Pay Platform, or to the applicable
terms for any such Sky8Pay Services, at any time, without notice. The materials on the Sky8Pay Platform
with respect to the Sky8Pay Services may be out of date, and Sky8Pay makes no commitment to update the
materials on the Sky8Pay Platform with respect to such Sky8Pay Services. The following terms also govern
and apply to your use of the Sky8Pay Platform, and they are incorporated herein by this reference:
Sky8Pay services offers you the convenience, after a one-time registration any Sky8Pay Platform, to sign
on (log in) to all web pages and online platforms operated by Sky8Pay or its affiliates (hereinafter
the Participating Platforms) with single log-in access / data, without going through a separate
registration process every time.
After successfully registering for the Sky8Pay Service, the user can log-in via each Participating
Platform with his Sky8Pay access credentials. Moreover, if already logged in to one of the
Participating Platforms, the user can immediately use all other Participating Platforms without
additional log-in procedures (subject to the respective Participating Platform requiring further
declarations).
The Participating Platforms that offer the Sky8Pay as a login feature, are visible on registration and
in the user account. The number of Participating Platforms may also vary in the course of time. With
regard to the contractual relationships of the users with the respective Participating Platforms,
for the purposes of which Sky8Pay’s service is or can be used in accordance with these T&Cs, these can
alternatively have their own commercial and user terms and conditions.
These business or user terms and conditions are available on the respective Participating Platforms.
For the respective contents of the Participating Platforms, the respective affiliate of Sky8Pay is
solely responsible only for those content that it actually operates. For the Sky8Pay service, these
T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user
terms and conditions apply along with these T&Cs. The Sky8Pay shall be owned and operated by Sky8Pay
Solutions. for use on all Participating Platforms, by Sky8Pay or its affiliates. For the use of
Sky8Pay’s service, the user must register. Registration as a user is only allowed if the user meets
the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The
user is obliged to provide correct and complete information during the registration and use of the
Sky8Pay service. The login data is intended solely for personal use by the user and therefore always
to be kept secret and safe. The user is not entitled to share his login details with third parties
to use the Sky8Pay service or to disclose them otherwise.
The user is obliged to inform Sky8Pay immediately on becoming aware of and/or suspecting a case of any
unauthorized use, disclosure and/or misuse of their access data or of their user account.
Furthermore, the user is obliged not to use the user account of another person. Submission of the
duly completed registration form by the user simply provides invitation to us to make an offer to
enter into the agreement on the use of our Sky8Pay service (hereinafter the Sky8Pay Agreement). Our
offer for the conclusion of the Sky8Pay Agreement is then affected by the fact that Sky8Pay sends the
user a confirmation by e-mail, in which a confirmation link is included next to the user name and
the password for the Sky8Pay Service.
By the user clicking on this confirmation link, the user accepts Sky8Pay’s offer, so that in this way
the Sky8Pay Agreement enters into force. Conclusion of the Sky8Pay Agreement may, also be effected
through other communication modes and following such processes which help achieve the same purpose
as the aforementioned e-mail confirmation process. Sky8Pay is entitled to reject individual users
without giving reasons. The user guarantees that the data submitted for their user account (and any
other information that is otherwise left for Sky8Pay) are in all respects complete, true, accurate and
not misleading. Any changes to user’s data should be promptly updated correctly in its account.
By accepting the T&Cs, you accept the following: 1. Sky8Pay may send alerts to the mobile phone number
provided by you while registering with the Sky8Pay Platform for the TRANSFER service or on any updated
mobile number subsequently provided by you on the Sky8Pay Platform, or via e-mail or push
notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode
to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and
in case of push notifications, if the user has enabled the receipt of such notifications. If the
mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the
push-notifications feature has been turned off, then you may not get the alert at all or get delayed
messages.
2. Sky8Pay will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be
deemed that you shall have received the information sent from Sky8Pay as an alert on the mobile phone
number or e-mail id provided during the course of, or in relation to, using the Sky8Pay Platform or
availing any Sky8Pay Services. Sky8Pay shall not be under any obligation to confirm the authenticity of
the person(s) receiving the alert. You cannot hold Sky8Pay liable for non-availability of the
SMS/email alert/push notifications service in any manner whatsoever.
3. The SMS/e-mail alert/push notification service provided by Sky8Pay is an additional facility
provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy.
In the event that you observe any error in the information provided in the alert, Sky8Pay shall be
immediately informed about the same by you and Sky8Pay will make best possible efforts to rectify the
error as early as possible. You shall not hold Sky8Pay liable for any loss, damages, claim, expense
including legal cost that may be incurred/suffered by you on account of the SMS/e-mail alert/push
notification facility.
4. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push
notification service depend on many factors including the infrastructure and connectivity of the
service provider. Sky8Pay shall not be responsible for any non-delivery, delayed delivery or
distortion of the alert in any way whatsoever.
5. You will indemnify and hold harmless Sky8Pay and the SMS/e-mail service provider including its
officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses
whatsoever including legal charges and attorney’s fees which Sky8Pay or the SMS/e-mail service
provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising
out of, any of the following:
(i) misuse by you or improper or fraudulent information provided by you;
(ii) incorrect number or a number that belongs to an unrelated third party provided by you; and/or
(iii) the customer receiving any message relating to the reservation number, travel itinerary
information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus
schedule, delay, and/or rescheduling from Sky8Pay and/or the SMS/e-mail service provider.
6. You will receive information via SMS, e-mail and phone calls regarding what Sky8Pay perceive to be
of your interest based on your usage history and browsing history (which information may be shared
by Sky8Pay with its affiliates). This includes providing information relating to offers, discounts and
general information by Sky8Pay. In case you do not want such information, you have to explicitly ask
to be excluded.
You understand that except for information, products or services clearly indicated as being supplied by Sky8Pay, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Sky8Pay cannot and does not guarantee or warrant that files available for download through the Sky8Pay Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for accuracy of data input and output.
By accessing or using the Sky8Pay Platform or by availing Sky8Pay Services, you agree not to: 1. Violate
the T&Cs; 2. Impersonate any person or entity, falsely claim or otherwise misrepresent your
affiliation with any person or entity, or access the accounts of others without permission, forge
another person’s digital signature, misrepresent the source, identity, or content of information
transmitted via the Sky8Pay Services, perform any other similar fraudulent activity or otherwise avail
Sky8Pay
Services with what we reasonably believe to be potentially fraudulent funds; 3. Infringe our or any
third party’s intellectual property rights, rights of publicity or privacy; 4. Use the Sky8Pay
Services if you are under the age of 18 years without a parental sponsor or, in any event, use the
Sky8Pay Services if you are under the age of 13 years old even with a parental sponsor and in
accordance with applicable law; 5. Post or transmit any message which is libelous, defamatory or
which discloses private or personal matters concerning any person; 6. Post or transmit any message,
data, image or program which is pornographic, vulgar or offensive in nature; 7. Refuse to cooperate
in an investigation or provide confirmation of your identity or any other information provide by you
to Sky8Pay; 8. Remove, circumvent, disable, damage or otherwise interfere with security-related
features of the Sky8Pay Services and the Sky8Pay Platform or features that enforce limitations on the
use of the Sky8Pay Services or the Sky8Pay Platform; 9. Reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of as regards Sky8Pay Services or Sky8Pay Platform or any
part thereof, except and only to the extent this is expressly permissible by applicable law; 10. Use
the Sky8Pay Services or the Sky8Pay Platform in any manner that could damage, disable, overburden, or
impair it, including, without limitation, using the Sky8Pay Services or the Sky8Pay Platform in an
automated manner; 11. Modify, adapt, translate or create derivative works based upon the Sky8Pay
Services and the Sky8Pay Platform or any part thereof, except and only to the extent that that this is
permissible by applicable law; 12. Intentionally interfere with or damage operation of the Sky8Pay
Services or the Sky8Pay Platform or any other user’s enjoyment of it, by any means, including
uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or
file with contaminating or destructive features; 13. Use any robot, spider, other automatic device,
or manual process to monitor or copy the Sky8Pay Platform without prior written permission; 14.
Interfere or disrupt the Sky8Pay Platform or networks connected to the Sky8Pay Platform; 15. Take any
action that imposes an unreasonably or disproportionately large load on Sky8Pay’s
infrastructure/network; 16. Use any device, software or routine to bypass the Sky8Pay Platform’s robot
exclusion headers, or interfere or attempt to interfere, with the Sky8Pay Services; 17. forge headers
or manipulate identifiers or other data in order to disguise the origin of any content transmitted
through the Sky8Pay Platform or to manipulate your presence on the Sky8Pay Platform; 18. Sell the Sky8Pay
Services, information, or software associated with or derived from it; 19. Use the facilities and
capabilities of the Sky8Pay Platform to conduct any activity or solicit the performance of any illegal
activity or other activity which infringes the rights of others; 20. Breach this Agreement, the
SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs; 21.
Provide false, inaccurate or misleading information; 22. Use the Sky8Pay Platform to collect or obtain
personal information, including without limitation, financial information, about other users of the
Sky8Pay Platform, except and only as expressly provided in the T&Cs; 23. Avail Sky8Pay Services with
what Sky8Pay reasonably believes to be potentially fraudulent funds; 24. Use the Sky8Pay Services in a
manner that results in or may result in complaints, disputes, reversals, charge-backs, fees, fines,
penalties and other liability to Sky8Pay, a third party or you; 25. Use the Sky8Pay Services in a manner
that Sky8Pay or any payment card network reasonably believe to be an abuse of the payment card system
or a violation of payment card network rules; 26. Take any action that may cause Sky8Pay to lose any
of the Sky8Pay Services from its service providers or lose any of its recharge partners or business
partners, including mobile operators or telecom companies, payment processors or other suppliers;
27. Send automated request of any kind to the Sky8Pay Platform without express permission in advance
from Sky8Pay.
You agree that Sky8Pay, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Sky8Pay Services/Sky8Pay Platform and remove and discard on the Sky8Pay Platform all or any part of your account, your user profile, or your recipient profile, including your SSOID, at any time. Sky8Pay may also in its sole discretion and at any time discontinue providing access to the Sky8Pay Services, or any part thereof, with or without notice. You agree that any termination of your access to the Sky8Pay Services/Sky8Pay Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Sky8Pay will not be liable to you or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Sky8Pay may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Sky8Pay Services/Sky8Pay Platform.
In no event, Sky8Pay or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Sky8Pay Services, the Sky8Pay Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Sky8Pay Services, the Sky8Pay Platform (including any and all materials) or any reference sites/app/platform/service, even if Sky8Pay or a Sky8Pay authorized representative has been advised of the possibility of such damages. In no event, Sky8Pay or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Sky8Pay Services, the Sky8Pay Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Sky8Pay services, the Sky8Pay Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Sky8Pay, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Sky8Pay Service or the Sky8Pay Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that Sky8Pay has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Sky8Pay, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Sky8Pay. Sky8Pay would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Sky8Pay’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
You agree to indemnify, save, and hold Sky8Pay, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) your use or misuse of the Sky8Pay Services or of the Sky8Pay Platform; (ii) any violation by you of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by you herein (iv) Contractors, agents and distributors indemnify all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to retailers and vice-versa. Sky8Pay reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Sky8Pay, including rights to settle, and you agree to cooperate with Sky8Pay’s defense and settlement of these claims. Sky8Pay will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
The Sky8Pay Services and the Sky8Pay Platform are owned and operated by Sky8Pay and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Sky8Pay Services and the Sky8Pay Platform provided by Sky8Pay (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Sky8Pay, all Materials, trademarks, service marks, and trade names contained on the Sky8Pay Platform are the property of Sky8Pay and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Sky8Pay or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Sky8Pay Services/Sky8Pay Platform. Except as expressly authorized by Sky8Pay, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Sky8Pay reserves all rights not expressly granted in this Agreement. If you have comments regarding the Sky8Pay Services and/or the Sky8Pay Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Sky8Pay, and shall assign to Sky8Pay, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Sky8Pay reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Sky8Pay Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the Sky8Pay Platform, availing the Sky8Pay Services or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Sky8Pay Services/Sky8Pay Platform. For certain changes, Sky8Pay may be required under applicable law to give you advance notice, and Sky8Pay will comply with such requirements. Your continued use of the Sky8Pay Platform following the posting of changes will mean that you accept and agree to the changes.
Sky8Pay may provide you with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Sky8Pay Platform or by any other reasonable means.
The failure of Sky8Pay to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Sky8Pay.
If any dispute, controversy or claim arises under this Agreement or in relation to any Sky8Pay Service or the Sky8Pay Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable Endeavour’s to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Sky8Pay may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute 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 Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Noida and the language of this arbitration shall be English. Either you or Sky8Pay may seek any interim or preliminary relief from a court of competent jurisdiction in Thane INDIA necessary to protect the rights or the property belonging to you or Sky8Pay (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Sky8Pay may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Sky8Pay. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Sky8Pay must be resolved by a court having jurisdiction in Thane INDIA. You agree to submit to the personal jurisdiction of the courts located within Thane INDIA, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.