Terms and Condition (Empire Calls)
These Terms and conditions (“User Terms”)govern the use of our “EMPIRE REEARN” mobile application or using the “EMPIRE REEARN” website (“hereinafter collectively, the Platform”) located at www.empirereearn.com made available by Empire Calls (“EC”, “we”, “us”, “our”), a proprietorship concern established under the laws of India having its registered office at A-205, Mondeal Heights, Opp. Karnavati Club, Nr. Wide Angle, S.G. Highway, Satellite, Ahmedabad, Gujarat- 380015.This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.The terms “you” and “your” refer to the user of the Platform.
By registering on, accessing, browsing, downloading or using and clicking on the “I ACCEPT” button, you are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE PLATFORM. If at any time you do not accept or agree with any of the User Terms or do not wish to be bound by the User Terms, You may not access, browse or avail services of the Platform and immediately terminate your availing services from the Platform. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND EC IN RESPECT OF THE USE AND SERVICES OF THE PLATFORM.
You are “Eligible” to use the services of the Platform only when you fulfil all of the following condition:-
- You have attained at least 18 (eighteen) years of age.
- You represent and warrant that you have right, authority and capacity and that you are competent to enter into this Agreement and abide by all the User Terms as form part of this Agreement.
- You are not previously removed or your account is not suspended or terminated or you are not disqualified for any reason from availing of the services of the Platform.
- If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.
Registration and Account
- It is Your responsibility to check and ensure that You download the correct mobile application for Your device from the play store and visit the correct website. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application or visit incorrect url to avail the services. We reserve the right to terminate the Services and the use of the Platform should You be using the Platform with an incompatible or unauthorized device.
- You understand and acknowledge that You can avail the services of the Platform only after completing the Registration Process and verifications.
- You shall ensure that the Registration Data provided by You during registration process is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect data provided by You during the registration process.
- You are solely responsible for maintaining the confidentiality of the Registration data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account can not be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge.
- You hereby represent that you are not registered with the National Do Not Call Registry, and expressly consent to receive communications including promotional content from Us through Your registered phone number and/or e-mail id. You may, upon availing or attempting to avail the Services of the Platform, receive messages in Your mobile phone from the Platform regarding the details of your Services.
- We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data provided during registration or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason we may find just or equitable.
- We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at email@example.com
- In case, You are unable to access Your Account, please inform Us at firstname.lastname@example.org and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
The Platform act as an intermediary and offers certain digital products which facilitates prepaid mobile recharges, DTH recharges , data card recharges, landline bill payments, post paid mobile bill payments, electricity bill payments, gas bill payment and insurance premium payments. We are only a reseller of digital products offered through the Platform. We do not provide the services in particular and act only as the mediator and/or facilitator for bill payments and recharges. Any dispute or shortcomings in the services offered by the services provider must be directly handled between you and the service provider.
How to Use Our Services
To avail the services of the platform, you are mandatorily required to undergo the Registration Process and provide accurate, complete, up-to date and correct information at the time of Registration Process. After Registration you are required to select the necessary service to be availed by you on the Platform, and fill up the necessary information as required by specific service and make the payment. You may pay through internet banking or you may use the money lying in your You Earned & Target Balance account. Post successful recharge or bill payment an SMS and e-mail confirmation shall be provided to you.
We try hard to keep our Services a safe place for all users. But we cannot guarantee it. That is where you come in. By using the Platform and services offered through the Platform, You further agree that:
- You will only use the Platform or download the mobile application for Your sole, personal use and will not resell or assign it to a third party;
- You will not use an account that is subject to any rights of a person other than You without appropriate authorization and will not falsely represent yourself as another person or representative of another person to use our Services.
- You will not use the Platform for unlawful purposes;
- You will not solicit login credentials from another user.
- You will not try to harm the Platform or our network in any way whatsoever and will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will provide us with such information and documents which we may reasonably request;
- You will only use an authorized network to avail of the Service of the Platform and will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services
- You agree that while requesting and availingservices, whether by message, via platform, standard messaging charges, data charges, as applicable, of the Your and Our phone network service providers, will apply;
- You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Platform; and
- You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
- You will not encourage or promote any activity that violates these Terms.
Empire Calls reserves the right to immediately terminate the Services and the use of the Application in the event of non-compliance with any of the above requirements.
Platform Recharges (Mobile Prepaid and DTH)
EC is only a reseller of digital products. We does not provide mobile operator services and is only a reseller of prepaid mobile recharge services which are ultimately provided by telecommunications service providers (hereafter Telco or Telcos) or by other distributors or aggregators of such Telcos. We are not a warrantor, insurer, or guarantor of the services to be provided by the Telcos. Prepaid mobile recharge sold by us to You is sold without recourse against us for any breach of contract by the Telcos. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the mobile prepaid recharge purchased must be handled directly between You (or the recipient of the recharge) and the Telco. The terms and conditions set out in this section are applicable, mutatis mutandis, to other prepaid recharge products available on the Platform including prepaid recharges in relation to DTH, data card as well as to other prepaid recharge products that may be offered on the Platform. We will not be responsible for any failure on the part of any of its recharge partners in effecting a recharge.
(Electricity Bill, Lanline Bill, Broadband Bill, Mobile Postpaid Bill, Datacard Postpaid Bill, Gas Bill and Insurance Premium)
EC act as a mediator and facilitator for providing services to its user for bill/utility payments related to Electricity Bills, Gas Bills and Insurance Premiums. EC does not provide any of these services directly to the user and merely act as mediator and facilitator for bill/ utility payments. We are not a warrantor, insurer, or guarantor of the services to be provided by the services provider. Any disputes regarding the quality, cost, expiration, or other terms of the provisions of services must be handled directly between You and the service provider. EC shall not be liable or held responsible in the event of ;
- User providing wrong, incorrect, inaccurate details about the service numbers or insurance policy numbers;
- If your bank refuses or delays honouring payment instructions or due to any technical issue with your bank serves;
- If your payment is not processed by the biller or service provider upon receipts;
- Any circumstances that is beyond our control including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force.
No Refund and Cancellation
Once the user purchases any Balance on the Platform and avails the services provided over the platform by EC, the transaction done by the user cannot be cancelled in any circumstances and no refund of the amount deducted shall be made by EC. Further any complaint/feedback in this regards shall be addressed to EC on email@example.com. All complaints shall be resolved by EC and its team on best effort basis. The decision of EC in this regards shall be final and binding.
Empire ReEarn Benefit Program Terms and Conditions
The following terms and conditions (“ReEarn T&C’s”) hall be applicable to EMPIRE ReEarn Benefit program provided by Empire Calls through EMPIRE ReEarn mobile application and “EMPIRE ReEarn” website located at www.empirereearn.com. If ER user fulfill monthly mandatory condition from target balance then they applicable for earning benefits.
- To qualify for Empire ReEarn Benefit Program, it is mandatory for the user to complete the Registration Process, upload KYC Documents and complete verification process undertaken by the company.
a. For bank transfer in Empire ReEarn app, user should have KYC complete, after that user will be able to use bank transfer service.
b. You have completed KYC in Empire ReEarn app or also verified with company information from Empire ReEarn company but you are doing unauthorized transaction in ER app after that company will video call you to verify KYC.
c. If you are doing unauthorised transaction from Empire ReEarn app then company can block account.
- Under ReEarn Benefit Program, user on the platform can derive income through following ways:-
a. Self-turnover Income:- This is the income (fixed percentage of recharge amount or fixed sum as may be decided by the company) that is paid by EC to the user, in its You Earned Account when the user topup and undertakes mobile or DTH recharge for a specific amount (monthly condition) as decided by the company from time to time.
b. Referral Turnover Income:- This is the income (fixed percentage of recharge amount or fixed sum) that is paid by EC to the user in its You Earned Account, when any other ER user referred by the user topup and undertakes the mobile or DTH recharge of a specific amount (monthly condition) as decided by the company from time to time. Referral income will only paid out to the user when referred user fulfils the monthly top-up condition and recharge conditions of specific amount as decided by the company from time to time.
c. Team Turnover Income: This is the income (fixed percentage of recharge amount or fixed sum) that is paid by EC to the user in its You Earned Account when, all the referred ER users by the user topup and undertakes mobile or DTH recharge of a specific amount (monthly condition) as decided by the company from time to time. The income under this type shall be provided by the EC to user till 25th Level as decided by the company from time to time.
d. Rewards: Every user may get rewards The user can get the Reward only if he/she maintains the target level within the time frame decided by the company in addition to complete the minimum non-repeated team members’ target of topup and recharge for mobile or DTH assigned by the company.
- User agrees and acknowledges that mobile and DTH recharges shall only qualify to be counted for ReEarn Benefit Program.
- Under Empire ReEarn Program, user gets 3 (Three) different accounts i.e
a. Target Balance Account:This account contains the balance of the user with EC. When user recharges or top-ups the amount through online or offline (Company or Franchise) mode, the amount paid to EC shall be shown in the Target Balance. Along with the top-up balance which user paid, this account also shows the qualifying amount which the user needs to use by way of mobile and DTH recharge to qualify for Empire ReEarn benefits.
b. Approx Income Account: This account shows the amount of income user may earn at the whole month, if the user topup and undertakes mobile and DTH recharges with specific amount (monthly condition) from the Target Balance Account as may be decided by the EC from time to time.
c. You Earned Account: This shall contain the amount of income that the user has earned on monthly basis from the ReEarn Program. The amount showing in the Approx Income Account of the previous month shall get transferred to You Earned Account on or before the end of first week of subsequent month if the user topup and undertakes mobile and DTH recharges of specific amount (monthly condition) from the Target Balance as decided by the company from time to time. The amount earned and lying in the You Earned Account can be
1. Transferred to the Bank Account of the user. For this user shall be responsible for the correct bank details of the user and EC shall not be held liable or responsible in the event incorrect bank details are provided by the user.
2. User may transfer any or full amount to any other ER user on the Platform. For this user shall be responsible for providing correct and true details of the beneficiary user and that EC shall not be responsible or held liable in the event incorrect beneficiary user details are provided by the user.
3. User can pay for any services availed on the platform from this account
4. User may use this balance for any other services provided by the Platform.
d. Any amount used for recharges or bill payments related to mobile and DTH shall NOT qualify for ReEarn Benefits Program.
- Any user can transfer available balance lying in Target Balance Account to any other user on the Platform. User may be charged transfer charges as decided by the company which shall be deducted and the balance amount shall be transferred in the You Earned Account of the beneficiary user.
Intellectual Property Ownership
- We alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to: the Site, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations; text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
- These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by us. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
- You may use information on the Site purposely made available by Us for downloading from the Site, provided that You: do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or do not make any additional representations or warranties relating to such information.
User Relationship Management
- All issues, opinions, suggestions, questions and feedback while availing our Services may be communicated to us through email address mentioned on the Platform.
- Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
- Any issue reported on channels other than the above may be addressed by EC only on a best-effort basis. EC takes no liability for inability to get back on other channels.
- EC shall endeavour to respond to Your issues within 3 (three) working days of Your reporting the same and endeavour to resolve it within 15 (fifteen) working days. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, EC shall not be liable for any damages or losses in the event of material damage.
Term and Termination of Licence Management
- Unless terminated in accordance with this Clause, the agreement between Empire Calls and You is perpetual in nature upon downloading the Application and for each registration in any other mode.
- You are entitled to terminate the agreement at all times by permanent deletion of the Application installed on Your smart phone, thus disabling the use by You of the Application and the Service.
- Empire Calls is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in our opinion You misuse the Application or the Service. We are not obliged to give notice of the termination of the agreement in advance. After termination we will give notice thereof in accordance with these User Terms.
- Termination of this agreement will not prejudice accrued rights of either Empire Calls or You.
- Clauses of (Indemnification), (Liability), , (Intellectual Property Ownership), (Term and Termination), (Notice) and (Applicable Law and Dispute Resolution) shall survive the expiry/termination of these User Terms in accordance with their terms.
Limitation of Liability
We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guarantee due to the actions of any user of the Platform. The Platform and Services are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.
In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms by another user or arising out of the use of or the reliance on any of the Services or the Platform.
In the event any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability shall be limited to not exceeding the charges or amounts paid to us for use of the Platform or the Services in the month preceding the date of the claim.
You agree to indemnify, save, and hold Empire Calls, its affiliates, employees, officers, directors 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 Platform Services; (ii) any violation by You of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Empire Calls reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Empire Calls, including rights to settle, and You agree to cooperate with Empire Calls defence and settlement of these claims. Empire Calls 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.
We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and EC, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
This clause outlines grievance redressal mechanism available to the user for escalating their complaints with EC. EC will deal with all user complaints in transparent and timely manner. If any user has any grievance relating to the use of the platform or services provided by the platform, user may get in touch on firstname.lastname@example.org. EC shall try to resolve the user complaint on best effort basis. Further decision taken by EC and its representatives shall be final and binding. Any dispute if arises between the user and EC out of the complaint shall be resolved as per the Dispute Resolution clause as stated herein below.
If any dispute, controversy or claim arises under this Agreement or in relation to any services availed from the Platform, including any question regarding the existence, validity or termination of this Agreement or user Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, EC 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 Ahmedabad, Gujarat and the language of this arbitration shall be English. Either You or EC may seek any interim or preliminary relief from a court of competent jurisdiction in Ahmedabad, Gujarat necessary to protect the rights or the property belonging to You or EC (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor EC 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 EC. 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 EC must be resolved by a court having jurisdiction in Ahmedabad, Gujarat. You agree to submit to the personal jurisdiction of the courts located within Ahmedabad, Gujarat, 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.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
Modification of This Agreement
EC may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in EC account information. You may contact us by electronic mail at Our email address email@example.com or by written communication sent by regular mail to Our address at A-205, Mondeal Heights, Opp. Karnavati Club, Nr. Wide Angle, S.G. Highway, Satellite, Ahmedabad, Gujarat- 380015.
- If any aspect of these User Terms is unenforceable, the rest will remain in effect.
- Any amendment or waiver to our Terms must be in writing and signed by us.
- If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us.
- We reserve all rights not expressly granted to you.