TERMS & CONDITIONS OF SERVICE

General
Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the app. By accessing or using the app or by using the service, you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the app and immediately terminate your use of the services.
The Terms and Conditions (as may be amended from time to time, the "Agreement") is a legal contract between you, an individual customer, member, user, buyer, or beneficiary of this service of at least 18 years of age ("You"), and Sprightly Mobile Solutions Private Limited having its registered office at C-176, Phase 1, Naraina Industrial Area, New Delhi - 110028 and headquartered at C-176, Phase 1, Naraina Industrial Area, New Delhi - 110028. Pless is a platform owned by Sprightly Mobile Solutions Private Limited (hereinafter referred to as "Sprightly Mobile Solutions"). Sprightly Mobile Solutions is the owner of the website www.pless.in, Pless mobile app, Pless IVR, Pless WAP site (Collectively referred to as "Pless") hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Sprightly Mobile Solutions (together with its subsidiaries and other affiliates, "us", "we", or "Pless"), regarding Your use of our mobile payments services to pay merchants for the goods or services offered by them. The Pless mobile app (known as the "App") and Service is subject to your compliance with the terms and conditions set forth below including all exhibits. Pless reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the "Terms & Conditions" link from time to time to stay abreast of any changes that the "App" may introduce. The services hereunder are offered by Pless.
Pless enables you to pay through your smartphone when you eat, buy or commute. We are a payments service provider only. Pless does not sell any other goods or services and is only a payment mechanism for goods and services sold by merchants who have agreed to offer Pless as a payment method to their customers. Pless is not a warrantor, insurer, or guarantor of the goods & services provided by the merchants. Any disputes regarding the quality, cost, expiration, or other terms of the goods or services purchased must be handled directly between you (or the recipient of the good or service) and the merchant.
The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by Pless. By accepting these Terms & Conditions or by otherwise using the Services or the App, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
When you sign up for Pless, you are creating a Pless Account that is associated with your email address & mobile number that is registered as the primary contact with your credit or debit card provider or your bank. Depending on the Services of Pless you use, you may be asked to provide information such as your name, Payment Instrument information (your Credit card or Debit card number & card expiration date, bank name, IFSC code, account number, MMID and MPIN for the account, if applicable), date of birth, and/or your PAN number. We may verify your registration information with a third party verification vendor. In some cases, we may ask you to send us additional information, such as a copy of your driver's license or passport, or to answer additional questions to help us verify your identity. The information you provide will be used by us to determine if you are eligible to begin and/or continue to use Pless Services. Provision and use of such data is subject to the Pless Privacy Policy, as described more fully in Section 6 below.
Payment processing service
Pless may allow you to make in-store payment transactions using the Pless application which resides on your mobile device using your Payment Instruments which are stored on Pless servers or hosted by a third party provider designated by Pless. Pless may also enable you to store your Payment Instruments on Pless’ or its third party provider's servers. You can also access your Payment Instruments and transaction history of those transactions where the payments have been made through the Pless app. The Pless Service also enables you to access Offers, Loyalty Programs, and other items which you have saved to Pless. Pless gives you the ability to make purchases at participating merchant locations. Pless will charge your Payment Instruments stored on Pless’ or third party provider's servers for transactions using the Pless Service.
In order to use the Processing Service, you must complete all required information elements on the Pless registration pages. You must register a valid Payment Instrument (Credit card, debit card or bank account) to make Payment Transactions. Pless does not make any representation or verify that any of your Payment Instruments are in good standing or that the issuer of your Payment Instrument will authorize or approve any purchase of Products from a merchant when you use the Pless app in connection with that purchase. Pless, in its sole and absolute discretion, may refuse to approve or may terminate existing registrations for the Processing Service with or without cause or notice, other than any notice required by any Applicable Law, and not waived herein.
The Buyer can use Pless as follows: Search for a merchant on the Pless app or scan a Pless QR code placed at the merchant’s counter or at his place of business. Verify the name and details of the merchant and enter the amount to be paid. Buyer can then select any of the saved Payment Instruments or add a new Payment Instrument to make the transaction. The online payment process specific to your Payment Instrument will then be implemented. On transaction confirmation both the Buyer and the merchant are notified of the payment. By using your Pless app using the method described above to make Payment Transactions, you authorize Pless to charge your selected Payment Instrument for such Payment Transaction.
You can store a Payment Instrument with Pless by providing the payment credentials: credit card or debit card number and card expiration date. All data pertaining to payment instruments are stored in compliance with prevailing regulations of Reserve Bank of India. Payment instruments are stored in PCI DSS Level 1 certified databases of Pless or their third party service providers. The user acknowledges that Pless can at its discretion move the stored card data of the user between databases of third party providers or itself. Pless will ensure that all the databases where card data is stored in compliance with PCI DSS.
Pless facilitates a credit card or debit card purchase by a Buyer from a Seller that is registered with Pless. Pless stores information from Buyers, such as their Payment Instruments and shipping information. Pless processes Payment Transactions on behalf of Sellers, as the agent of the Seller, through the appropriate credit card or debit card network, as applicable. When Buyer chooses to pay for Products with the Processing Service, Buyer authorizes the Seller to submit charges (and, in the case of refunds, credits) to Buyer's registered Payment Instrument. Pless will assist as agent of the Seller in accessing the card networks and processing the Payment Transaction. Once Buyer's registered Payment Instrument is authorized, Buyer's payment obligation to Seller shall be deemed completed and discharged (except for Buyer's obligations in the event of a chargeback or other reversal). Purchases made are also subject to the terms and conditions governing Buyer's Payment Instrument between Buyer and the issuer of the Payment Instrument. Buyer is responsible for any charges and related fees that may be imposed under the Payment Instrument terms and conditions as a result of Buyer's use of a Payment Instrument. You acknowledge and agree that your purchases of Products are transactions between you and the Seller, and not with Pless or any of their affiliates. Pless is not a party to your Payment Transaction for the purchase of Products, and Pless or other Pless affiliates are not a Buyer or a Seller in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on Pless Web Site.
You may only use the Pless Processing Service to process a Payment Transaction for a Product/Service that is purchased from a Seller through a legitimate, bona fide sale of the Product/Service. The Processing Service may not be used to process a Payment Transaction, or otherwise transfer money between a Buyer and Seller, that is unrelated to a purchase of a Product. The Processing Service may not be used to receive cash advances from Sellers or to facilitate the purchase of cash equivalents (travellers checks, prepaid cards, money orders, etc.). You may not use the Processing Service to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use the Processing Service to purchase any Products that violate these Terms of Service, other policies or rules applicable to the Processing Service, or Applicable Law. Failure to comply with these limitations may result in suspension or termination of your use of the Processing Service.
Pless does not charge a fee to use the Processing Service as a Buyer. The financial institution that issues your Payment Instrument may charge a fee in connection with the debiting or charging of the Payment Instrument resulting from the Payment Transaction. You should consult the terms and conditions governing your Payment Instrument for more information about any such fees.
Offers, Loyalty Program items, tickets, boarding passes, and/or other items from third party merchants can be added to your Pless account by a participating merchant with your consent which may be redeemable for discounts or points from a third party merchant or issuer. These may contain data, images, and messages that are controlled and updated solely by the third party merchant who issues the corresponding offer, loyalty program or associated. To avail the said offer, you must provide all information required by Pless or the merchant. In order to redeem an Offer, Loyalty Program, or other redeemable item with a participating merchant, you may be asked to:
Pless may have arranged for third party providers to provide products or services to you through Pless app ("Third Party Providers"). In order to use these products or services, you may be required to agree to additional terms and conditions from those Third Party Providers, and may be subject to additional requirements of the Third Party Provider. By agreeing to these Terms of Service or continuing to use Pless, you hereby agree to any Third Party Provider terms that apply to your use of such products and services through Pless which may be updated from time to time. For avoidance of doubt, these Third Party Provider terms are between you and the applicable Third Party Provider, not Pless.
By accepting the terms and conditions the customer accepts that Pless may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in 'On' mode to receive the SMS. If the mobile phone is in 'Off' mode then the customer may not get / get after delay any alerts sent during such period. The customer acknowledges that the SMS service provided by Pless is an additional facility provided for the customer's convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, Pless shall be immediately informed about the same by the customer and Pless will make best possible efforts to rectify the error as early as possible. The customer shall not hold Pless liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility. The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. Pless shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever. By accepting the terms and conditions the customer acknowledges and agrees that Pless may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their usage of services.
All Payment Transactions processed through the Processing Service are non-refundable to Buyer by Pless. You may have additional refund or charge-back rights under your Payment Instrument issuer agreement or applicable state and federal laws. You should review your periodic statement received from the issuer of your Payment Instrument which will reflect all purchase transactions through the Processing Service.
You are responsible for the receipt of the goods or services from the Merchant in lieu of which the payment has been made. Pless is not responsible for any purchase for which the said goods or services have not been received by you from the merchant. However, in case of issues in transactions such as a double charge, then you may inform us by sending an email to our customer services email address wecare@Pless.in. Please include in the email the following details - the mobile number, amount, merchant name, transaction ID. Pless shall investigate the incident and if it is found that money was indeed charged to your card or bank account more than once then you will be refunded the money within 21 working days from the date of receipt of your email.
Privacy Policy
We collect the following: Registration information - When you sign up for Pless, you are creating a Pless account that is associated with your email address & mobile number. Depending on the services of Pless you use, you may be asked to provide the following information: Credit or debit card number and card expiration date, bank name, IFSC code, account number, MMID and MPIN for the account, address, date of birth, PAN number (or some other government-issued identification number). Information obtained from third parties - We may obtain information about you from third parties, including third party verification services, information arising from Pless transactions at merchant locations, information regarding your use of payment methods issued by third parties that are linked to the Pless service, and information regarding access to balances held in your Pless account. Transaction information - When you use Pless to conduct a transaction, we may collect information about the transaction, including: Date, time and amount of the transaction, the merchant's location, a description provided by the seller of the goods or services purchased, any photo you choose to associate with the transaction, the names and email addresses of the seller and buyer (or sender and recipient), the type of payment method used, your description of the reason for the transaction, and the offer associated with the transaction, if any.
We use the information you provide us, as well as information about you from third parties, in order to provide you with Pless services, and to protect you from fraud, phishing or other misconduct. Such information may also be used to assist third parties in the provision of products or services that you request from them. Information will also be used to provide you with customised offers from merchants for their products or services. Your registration information is stored in Pless servers and your registration of a payment method with a valid payment instrument will be stored on servers compliant with Reserve Bank of India (RBI) guidelines prevalent at the said time. All payment instrument related data is stored in PCI DSS Level 1 certified databases. In addition, certain data elements may also be stored on your mobile device.
We will only share your personal information with other companies or individuals outside of Pless & our service providers in the following circumstances: As permitted under the Pless Privacy Policy. As necessary to process your transaction and maintain your account. To complete your transaction for a service provided by a third party. For example, when you make a purchase or transaction using Pless, we make certain personal information about you available to the company or individual you purchase from or transact with. In order to comply with government agency or court orders. In order to prevent actual or suspected fraud, or abuse of the Services. Any information you provide directly to a third party merchant, website or application is not covered by this privacy notice. We are not responsible for the privacy or security practices of merchants or other third parties with whom you choose to share your personal information directly. We encourage you to review the privacy policies of any third party to whom you choose to share your personal information directly.
Account passwords & PIN
Termination & Agreement Violations
You agree that Pless, 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 Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. Pless may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Pless will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Pless may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
Limitation of Liability and Damages
In no event will Pless or its contractors, agents, licensors, partners, or suppliers 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 In no event will Pless or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers' total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to
Indemnification
You agree to indemnify, save, and hold Pless, 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 Your use or misuse of the Services or of the Site, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. Pless reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Pless, including rights to settle, and you agree to cooperate with Pless' defence and settlement of these claims. Pless 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.
Disclaimer & No Warranties
To the fullest extent permissible pursuant to applicable law, Pless and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Pless or through the services or the app will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term "Pless" includes Pless' officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that Pless is a payments service provider and is not liable for any goods or services offered by merchants accepting payments through Pless. You expressly agree that use of the services and the app is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the app or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the app will be corrected. The services and the app and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an "as is" and "as available," "with all faults" basis and without warranties or representations of any kind either express or implied. Pless, and its third party suppliers, licensors, and partners do not warrant that the data, Pless software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Pless and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your mobile phone system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will Pless be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.
Ownership & Proprietary Rights
The Services and the app are owned and operated by Pless 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 Services and the Site provided by Pless (the "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 Pless, all Materials, trademarks, service marks, and trade names contained on the Site are the property of Pless and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Pless 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 Services. Except as expressly authorized by Pless, 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. Pless reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Pless, and shall assign to Pless, all right, title and interest 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.
Modification of this Agreement
Pless reserves the right to change, modify, add, or remove portions of this Agreement (each, a "change") at any time by posting notification to the Pless website www.Pless.in 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 payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, Pless may be required under applicable law to give you advance notice, and Pless will comply with such requirements.
Notice
Pless may provide you with notices and communications by email, regular mail or postings on the Pless website www.Pless.in or by any other reasonable means. Except as otherwise set forth herein, notice to Pless must be sent by courier or registered mail to Sprightly Mobile Solutions Private Limited, C-176, Phase 1, Naraina Industrial Area, New Delhi – 110028, India.
Waiver
The failure of Pless 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 Pless.
Arbitration
Pless may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim 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 arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or Pless (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
Governing Law and Forum for Disputes
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Pless must be resolved by a court located in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
Severability
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.
Assignment
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Survival
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.
Headings
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement
This is the entire agreement between You and Pless relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by Pless in accordance with the terms of this Agreement.