Terms & Conditions

General

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules thereunder, and is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules 2011, which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of the Website. This electronic record does not require any physical or digital signatures as it is generated by a computer system.
These Terms and Conditions / Terms of Service (“Terms” / TOS / Website Terms) shall be read with the privacy policy, disclaimers, rules of RealCash as may be posted on this Website, having domain name www.realcash.in, from time to time, shall govern your use / access of the Website, (“Website”), its related content, sites and hyperlinks owned maintained and operated by RealCash Technologies Limited and or its Affiliates and the domain name is owned by one of its Affiliates. These Terms applies to all Users of the Website.
By impliedly or expressly accepting these Terms, privacy policy, you also accept and agree to be bound by rules, policies and Terms of RealCash as posted on this Website from time to time and corresponding hyperlinks if any. If you do not agree to be bound by the TOS, please do not access this Website or avail any Services provided through this Website.


Changes to the Terms and Conditions of usage of RealCash App


We may modify, amend, change or update the terms from time to time by publishing an updated version on RealCash App or by posting a modified or amended terms and conditions on the website www.realcash.in. By continuing to use RealCash App, you will be deemed to accept the updated terms and agree to be bound by them. It shall be your responsibility to verify the terms, each time you access RealCash App.

Definitions For the purpose of this TOS,
'Agreement' means the Terms and Conditions/ Terms of Service, as detailed herein including all schedules, appendices, annexures, privacy policy, disclaimer and will include the references to this agreement as amended, novated, supplemented, varied or replaced from time to time.
'Application' means the RealCash App / mobile software application that RealCash Technologies Limited has permitted you to download, access and to which the TOS is linked and includes the TOS attached to it.
'Merchant(s)' means a RealCash Technologies Limited subscriber or person who has (a) downloaded the application on his device for availing the services for commercial use, and (b) if applicable, has validly registered for availing the service(s) through the necessary registration process. ‘Merchant’ includes ‘you’ the end user accessing the application wherever the context applies.
'RealCash / we/ us/ our' shall mean RealCash Technologies Limited (CIN U93000DL2014PLC274190), having its registered office at RZ-8- B, PLOT NO. 8,S/F KH No.-12/14, RAGHU NAGAR,DABRI DELHI South West Delhi DL 110045.
'Privacy Policy' shall mean the Privacy Policy of RealCash Technologies Limited, in connection with the use of this application, as may be amended from time to time.
'Affiliate(s)' shall mean with respect to RealCash, any person directly or indirectly controlling, controlled by, or under direct or indirect common control with RealCash including its subsidiaries and associate companies.
'RealCash ID' means a user ID provided by us to enable you to access our mobile application to accept payments for your business through Credit/Debit Card and leading e-wallets of our country, which shall be created on the basis of successful receipt and approval from our acquiring bank.
'Content' means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork and computer code collectively.
'Product(s)' shall mean but not limited to mPOS devices, Bill Printers, Bar Code/QR Code Reader etc.
'Channel Partner(s)' shall mean the entities appointed by RealCash to acquire merchants for RealCash in the territory assigned to them and later provide after sale services to merchants.
'Territory(s)' shall mean the geographical location assigned to an individual / company where it can work on behalf of RealCash Technologies Limited.
'Channel Partner Policy / Terms and Conditions' shall mean the terms and conditions or policies that governs the purchase of products from the Channel Partner and Merchant agrees to comply the terms and conditions or policies by accessing those products.
'Service(s)' shall mean all services that RealCash provides to its merchants through this RealCash mPOS & application including but not limited to electronic payment acceptance and any other value added services.
'You / User' shall mean the end user accessing the mobile application, its contents and or using the services offered through the mobile application.



Job Application

Any user can apply for projected vacancies of RealCash Technologies Limited and its Channel Partners through this website (www.realcash.in). RealCash team will collect details of applicants through the job application form available on the website and via post. Job applicant details collected through the application form would include but would not be limited to personal information, educational information, work experience etc.

A CV shortlisting fees will be applicable to all applications submitted to RealCash either online or sent via post. The same shall be non-refundable & shall not bound RealCash to extend any position to applicant in the company. Final selection of applicants will be based on shortlisting criteria defined by RealCash Technologies Limited.

While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

• Lack of authorization for any transaction/s, or
• Exceeding the present limit mutually agreed by you and your issuing bank, or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s

RealCash will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you. All information collected by us shall be governed as per our Privacy Policy. RealCash will not be responsible for any transactions you make for using any portion of the Service(s). All claims and complaints for any failed or incorrect transactions must be directed to our payment processing partners and/or your bank (as the case may be).

RealCash reserves its right to change the price of any Service(s), Product(s), and CV shortlisting fees in the Website any time without any notice, however in compliance with all applicable laws. All payments made against the purchases of Service(s), Product(s), and CV Shortlisting fees on Website by you shall be in Indian Rupees only. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

You represent and confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. You further agree and undertake to provide the correct and valid credit card details to carry out a transaction on the Website. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

RealCash reserves the right to impose limits on the number of transactions which RealCash may receive from an individual valid credit / debit / valid bank account and reserves the right to refuse to process transactions exceeding such limit.
You acknowledge that RealCash will not be liable for any damages, interests, claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond the control of RealCash.


Registration and Activation

In order to access any services, content, you will be required to download and install the application on your mobile phone, and authenticate the access through RealCash ID at the time of installation of the application. The Application will require your permission to enable it to find the location of your device, modify or delete SD card contents, read phone statistics and identity; mount and un-mount file systems, etc.
You acknowledge that you are agreeable to provide such permissions. For activation and registering for this application, you would be required to provide your KYC documents such as Identification Proof, PAN Card details, business identification proof etc. which should be true, complete and accurate, and agree not to submit any particulars which you do not have any right or authority to provide. Based on the information provided by you, we may provide RealCash ID for accessing and activation of the application and availing the services. Subject to the completion of the registration process and acceptance of the TOS, you are permitted to access, view your account and avail the services. The contents of the application are the proprietary rights of RealCash Technologies Limited, its affiliates or independent content providers who have a license agreement with RealCash Technologies Limited or its affiliates as the case may be.
In order to access and use the content, you are required to create a user account with the application, which can be accessed through RealCash ID. You are solely responsible for maintaining the confidentiality and security of your merchant account. You shall take all necessary precautions to prevent unauthorized, illegal access to your account through the application and REALCASH TECHNOLOGIES LIMITED is not responsible for any misuse of the RealCash ID, password, or unauthorized access to your account by any third party and REALCASH TECHNOLOGIES LIMITED hereby disclaims all such liability arising out of any misuse of the application downloaded by you.

In order to use the application you must be 18 (Eighteen) years of age or older. To use the service(s), you will need a mobile phone that meets the system and compatibility requirements for the relevant services, which may change from time to time, working internet access, and compatible software. Your ability to use the service and the delivery of the service may be affected by these factors. Such system requirements shall be your responsibility.

You may be able to use the services only on one authorized mPOS device connected to RealCash ID. In the event, you attempt to register another mPOS device with the same RealCash ID; the use of the application may be terminated on other devices.

Restrictions on use of the Application

Your use of this application shall be subject to:
• These Terms of Service;
• Our Privacy Policy and
• Any other terms, conditions, notices or disclaimers displayed or added to the application and/or the Customer Agreement Form or any other document signed by you.
• The service(s) and application are provided for your commercial use only.
You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third party or circulate the application or any material, content through the application, or to exploit any such content for commercial purposes without the express prior written consent of REALCASH TECHNOLOGIES LIMITED.

Price and Payment Policy
Service(s) given through RealCash App are on chargeable basis. RealCash offers you feasibility to accept payments through Debit/Credit Cards & E-Wallets. However RealCash reserves its right to add or delete any mode of payment acceptance in the application without any prior notice. The service(s) are offered and made available only to users / merchants who are lawful owners of, or, at the responsibility of such owners and have the necessary authorization for using, the RealCash ID , and for making payments through or in connection with the use of the service(s) . If you are not such a user, please discontinue the registration process and use of the services immediately.
Acceptance of card payment is at the sole discretion of RealCash. However, RealCash reserves its right to deny acceptance of card payment without any prior notice. While availing any of the payment acceptance solution(s) available on the Application or on the Website we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

• Lack of authorization for any transaction/s, or
• Exceeding the present limit mutually agreed by you and your issuing bank, or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s

RealCash will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you. All information collected by us shall be governed as per our Privacy Policy. RealCash will not be responsible for any transactions you make for using any portion of the Service(s). All claims and complaints for any failed or incorrect transactions must be directed to our payment processing partners and/or your bank (as the case may be).
RealCash reserves its right to change the price of any Service(s), tariff plans, available through the Application any time without any notice, to the extent permitted under applicable laws. All payments made against the purchases of Service(s) on Application by you shall be in Indian Rupees only. The Application or the payment gateways associated with it will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Application.
All credit / debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of the payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
RealCash reserves the right to impose limits on the number of transactions which RealCash may receive from an individual valid credit / debit / valid bank account and reserves the right to refuse to process transactions exceeding such limit.
You acknowledge that RealCash will not be liable for any damages, interests, claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond the control of RealCash.

No unlawful, infringing or offensive activity
You must not post / transmit or enable another person to post/transmit via the Application any information or material or otherwise use the Application for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any applicable laws or rules. The service is accessed via the World Wide Web which is independent of the Application. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We have no responsibility for any information or service obtained by you on the World Wide Web.
You may not attempt to gain unauthorized access to any services, other accounts, and computer systems or to any of the services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services.

Prohibited Activities
You agree that you shall not host, display, upload, modify, publish, transmit, update or share any information on the site, that –
a. Belongs to another person and to which you do not have any right to;
b. Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. Harm minors in any way;
d. Infringes any patent, trademark, copyright or other proprietary rights;
e. Violates any law for the time being in force;
f. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. Impersonate another person
h. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Any content and or comment uploaded by you, shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the site, the company shall have the right to immediately terminate/block your access and usage of the site and the company shall have the right to immediately remove any non-compliant content or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the company under the applicable laws.

No viruses or other interference
You must not transmit or enable another person to transmit via the application, any virus or other information or material or otherwise use the application in a way which:
• Tampers with, hinders the operation of or makes unauthorized modifications to the application;
• Inhibits any other user from using the application;
• Defames, harasses, threatens, menaces or offends any person; or
• Contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.

Termination or suspension of your access
We may suspend or terminate your access to all or any part of the application at any time, if you breach these application terms in our reasonable opinion or in case of deactivation of MSISDN or at our discretion for any reasons deemed fit to us.

Exactness / Accuracy not guaranteed
We have made significant efforts to accurately display the details of services, colours that appear on this website. However, we do not warrant/guarantee the content of this website is accurate, complete, current, or error-free. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colours, displayed on this website.

Content / Feedback that you submit to the Website
We may allow you to post your experience or feedback in respect of the services or your user experience with this website, via the website (“your content”), for which you should be registered with the website. You confirm that the particulars posted by you are true and correct information and shall not belong to any third party or fictitious names. For your content, you hereby grant us, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable license to use, reproduce, modify, adapt, publish or communicate to the public your content for the purposes of our business, and the right to sub-license those rights to others or our affiliates. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content. You warrant that you have the right to grant the above license and that our exercise of the license rights above will not infringe the intellectual property rights of any third party, and neither the content is defamatory nor it will breach any law. We may monitor or review your content, and may make minor edits for the limited purpose of correcting spelling or any grammar errors, but we are not obliged to do so. We may also alter or remove any of your content at any time, for any reason including for operational integrity of our services.

Content that you submit via the Application
This section applies if you have been allowed by us to submit post, transmit or otherwise make any material, messages, reviews, ideas, available via the application (“your content”). You agree that the content which you may post, submit or transmit are original, or otherwise entitled to you. Where you do so, you grant to us, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable license to use, reproduce, modify, adapt, publish or communicate to the public your content for purposes of our business, and the right to sub-license those rights to others. You also consent to any act that would otherwise use and creative derivative works of your content. You warrant that you have the right to grant the above license and that our exercise of the license rights above will not infringe the intellectual property rights of any person, and you shall not post , submit, transmit or otherwise make available any content which is otherwise directly or indirectly infringing any third party intellectual property rights, invading others privacy, contents which are defamatory, pornographic, obscene, or otherwise contrary to public morals and violation of applicable laws.
We may monitor or review your content, but we are not obliged to do so. We may also alter or remove any of your content at any time, including for operational integrity of our services. Intellectual Property
All intellectual property rights in this website, design, text, graphics, applications, software, underlying source code and all other aspects belong to us and or our affiliates.

Copyright, Trademarks & Design:
All content included on the application, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of RealCash, its affiliates or its content suppliers and is protected by the appropriate Intellectual Property Laws. Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of RealCash Technologies Limited, its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of RealCash Technologies Limited; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the site/service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
The trademark ‘RealCash – Your True Value Source’, its logo, and other services marks and logos owned by and/or licensed to RealCash and/or its affiliates. There will be certain trademarks of third parties whose products/services are made available on the application, these marks are used for representation purposes only and RealCash does not claim any rights over these trademarks.

Procedure of Making Intellectual Property Claims:
RealCash, its affiliates or its content suppliers respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us with your concerns and we will try and answer your concerns.
No part of this application including audio and video excerpts, may be reproduced, adapted, modified or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without our prior permission.

Links
The application may provide you such links for your convenience only and has no control over the linked sites. The links may be of the mobile software application owned by the affiliate(s) or owned by third parties, which may be governed by separate terms and conditions of usage. The provision of links shall be subject to the Linking Policy of REALCASH TECHNOLOGIES LIMITED as may be amended from time to time .We do not maintain, sponsor or recommend any third party applications, nor does it assume any responsibility for them or their content or accessibility. In particular, we shall not be liable for any infringement of intellectual property rights of any person, or any information or opinions on third party applications. Your use of those linked sites, mobile software applications, and services are subject to the terms of use and Privacy Policies of each such site and service(s) (in addition to this agreement and the Privacy Policy).

Information Security
We are committed to safeguard the security and confidentiality of any information you provide to us. We understand that you accept the inherent security implications of providing information over the internet and will not hold us responsible for any breach of security or disclosure of personal information. If you become aware of any problems with the security of data or the application, please contact us immediately. However, customer hereby authorizes and consents to the collection, storage and use, by REALCASH TECHNOLOGIES LIMITED and its affiliates, partners, of any information and data related to or derived from customer’s use of the application, and any information or data that customers provide to REALCASH TECHNOLOGIES LIMITED and its affiliates, partners and licensors (“Information”).
Notwithstanding the foregoing, the customer’s personally identifiable information will be used only in accordance with the Privacy Policy and to the extent permitted under applicable laws. Such information will be treated as being non-confidential and non-proprietary, and REALCASH TECHNOLOGIES LIMITED assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. This provision shall survive the termination of this TOS.

Indemnity
You agree to indemnify us and other persons involved in the creation of this application for all damages, losses and costs (including legal costs) which arise out of or relate to your use of this application. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of this application terms.

Limitation of Liability
In no event RealCash including affiliates and their respective owners, directors, officers, agents, shareholders and partners shall be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the website whether based on warranty, contract, tort or in any other means or action.
RealCash including affiliates and their respective owners, directors, officers, agents, shareholders and partners aggregate and total liability (whether in contract, tort, negligence, under an indemnity, or by statute or otherwise) shall not exceed INR 2,000/- (Rupees Two Thousand) or the last payment made by the user; whichever is lesser, subject to applicable law and awarded by the competent court.

Discontinuance of the use of the Application
Merchant may elect to discontinue using the application and the services, by uninstalling it. If the merchant’s mobile phone is stolen or lost, the merchant must immediately inform REALCASH TECHNOLOGIES LIMITED’s customer care representative to deactivate the merchant’s account on the service. Merchant will remain responsible for any transactions made until the application is blocked by REALCASH TECHNOLOGIES LIMITED. Merchant shall immediately uninstall the application in case the merchant changes his / her device.

Inconsistent terms
If there is an inconsistency between these terms of use and any other terms displayed on individual pages of the application (“other terms”), the other terms will govern to the extent of the inconsistency. RealCash reserves the right to correct any ambiguities, omissions, errors, in the TOS, by amending/updating the TOS and or by issuing clarifications as may be necessary in due course.

No waiver for breaches
If we do not act in relation to a breach of the application terms by you, that should not be construed as a waiver of any of our rights to act in relation to that breach or any later breach by you.

Redressal of Grievance / Breach of Terms
If you have any complaints or concerns with regards to content or to report any abuse of applicable laws, breach of terms of this application, or any content of this application is in violation of your rights or the services through the application is in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011 (Rules.), then you may immediately contact the Grievance Officer in the following manner:
  • Sending a request in writing or through email signed with electronic signature identifying the content alleged to be in infringement of your rights as the rightful owner or affecting you prejudicially;
  • Providing your contact information including email, address, and telephone number where you can be contacted if required.
  • Giving a declaration cum undertaking along with necessary documents establishing you
  (i) as the rightful owner of the content to be disabled/affecting you prejudicially
  (ii) as an affected person, stating that the information submitted is true, complete & accurate and no material fact has been hidden, and also stating that RealCash, its affiliates, directors, employees, including Grievance Officer shall not be liable for any loss or damage or claim for relaying on such requests.
• You may forward your request/complaints to Grievance Officer at email: CEO@realcash.in

Governing Law and Jurisdiction
These terms of use shall be governed by, and construed in accordance with INDIAN laws, without giving effect to any principles of conflicts of law. RealCash Technologies makes no representations that the material and information on this site are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this site or to these terms of use shall be brought exclusively in the Jurisdiction of Delhi Courts.
You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this site, your access or use thereof, or these terms of use, and to extra-territorial service of process.
A governing law clause does this by setting out expressly the parties’ choice of the law that will apply.

Jurisdiction clauses
It is inevitable that contracts will produce disputes from time to time. How will those disputes be handled?
Sometimes parties choose to resolve disputes by arbitration, in which case they include an arbitration clause in their contract. On other occasions, however, parties are happy to rely on the courts to handle any disputes. In which case the question arises: which courts? As with governing law, there is otherwise a risk of costly, time-consuming and wasteful preliminary battles about whether disputes should be handled in the courts of state A or state B, and also a risk of multiple claims proceeding in parallel in several different jurisdictions simultaneously.
A jurisdiction clause therefore states that the parties have agreed to the courts of a named state taking jurisdiction over (in other words, having the right to hear) any disputes that may arise.
Usually a jurisdiction clause will provide for either “exclusive” or “non-exclusive” jurisdiction. The interpretation of these terms may vary across legal systems, but in broad terms “exclusive jurisdiction” means that only the specified courts will have jurisdiction to hear disputes; and “non-exclusive jurisdiction” means those courts can hear disputes but the parties are not prevented from litigating in other courts as well or instead if they think it is appropriate to do so.

Governing laws
A “Governing Law” clause is a clause used in legal agreements where you can declare which rules and laws will govern the agreement if legal issues arise.
A “Governing Law” clause is found consistently in contracts and legal agreements between companies and their users. You can typically find these clauses in standard Terms and Conditions agreement for websites or mobile apps.
Here is a typical governing law clause: “This agreement is governed by and shall be construed in accordance with the laws of [X/Y/Z/etc].”

While this wording is straight forward, there are several important factors to note:
  • The choice of governing law is not a “my law or your law” battle of strength. It may be the case that “my law” is not in fact the best choice, which is why some international contracts are governed by laws that have nothing to do with either party (eg, international parties all over the world regularly choose English or New York law to govern their contracts) or is it wise to choose a neutral third-country law as a kind of compromise, unless one is sure that the chosen law is reliable. The key point to understand is that the choice of legal system can have fundamental, sometimes unintended consequences, even affecting the basic validity of the contract. Therefore it is vital to get informed advice and to ensure that the chosen law is reliable and effective
  • A common mistake is to refer to a country which has more than one legal system, eg, “USA” or “China”. Sometimes the ambiguity can be resolved by considering the wider context, but it is better to be clear by referring to, say, “New York” or “Hong Kong”.
  • A jurisdiction clause represents the parties’ decision to resolve their disputes in court. It is therefore an alternative to arbitration. If in doubt, you should choose a jurisdiction clause or an arbitration clause, not both. Sometimes it can be appropriate to provide for arbitration and to include a clause conferring jurisdiction on certain courts to support the arbitration and to enforce awards, but again this is an issue on which professional advice should be obtained.
  • If you want to provide for particular courts only the clause should clearly state that the jurisdiction is “exclusive”. Conversely, if you want to include a non-exclusive jurisdiction clause (eg, because you want to preserve your ability to sue the counter party in a number of possible venues), you should spell out exactly what your intention is. That is because courts in different places have taken different approaches as to what is meant by the shorthand phrase “non-exclusive jurisdiction”.
  • As with governing law clauses, simple is usually best. Trying to assign different types of disputes to different jurisdictions frequently gives rise to problems, although there can be workable solutions in some particular cases. You should also avoid words that create uncertainty and ambiguity (eg, it is better to say that courts “shall” have jurisdiction, not that they “may” have).
If a dispute arises regarding these terms of use, the laws of the Republic of India will apply and shall be subject to the exclusive jurisdiction of courts in Delhi, India.
Last Updated: 19June 2017
RealCash Technologies Limited, All rights reserved.