Intellectual Propertly

1. TERMS AND CONDITIONS FOR APPOINTMENT AS RETAILER/DISTRIBUTOR/MASTER DISTRIBUTOR These terms and conditions (Terms and Conditions) shall apply to and govern the commercial arrangement between Royal IT Services (herein after referred as 'Royal IT Services') and the Retailer/Distributor/Master Distributor. These Terms and Conditions and any attachments hereto represent the entire agreement between Royal IT Services and the Retailer/Distributor/Master Distributor and no changes to the same are binding unless they are in writing and intimated by the authorized representative of Royal IT Services.
2. “Royal IT Services” is a digital financial facilitation service provider, a company incorporated under the Companies Act, 2013 and having its registered office Royal IT Services /Pandit Market Chouraha Near Lal Sahab Mandir Marg Beawar (hereinafter referred to as the Company/Royal IT Services which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns).

OPERATION OF THE RETAIL /Distributor/Master Distributor OUTLET

1. During the Term, the Retailer/Distributor/Master Distributor shall render the services (“Services”) of Royal IT Services, by and through such of its officers, employees, agents, representatives and affiliates as it shall designate, from time to time. Notwithstanding anything contrary contained in these Terms and Conditions, Royal IT Services shall have the right at any time, to modify, alter and amend the lists of Services, including the manner, procedure, process in which the Retailer/Distributor/Master Distributor will be required to perform the Services and the Retailer/Distributor/Master Distributor shall be bound by all such modifications, alterations and amendments made by Royal IT Services .
2. The Retailer/Distributor/Master Distributor shall only market, distribute sell or promote such Royal IT Services Services as are permitted expressly by Royal IT Services The Retailer/Distributor/Master Distributor shall not automatically have the right to market, sell, distribute, or promote any product or service that may be provided by other retail outlets, whether in the present or in the future. In the event of any addition to the Services, Royal IT Services may, at its sole discretion, intimate the Retailer/Distributor/Master Distributor that the Retailer/Distributor/Master Distributor is entitled to sell, market, distribute and promote such product or service. Royal IT Services shall also have the right to direct the Retailer/Distributor/Master Distributor to discontinue providing any of the Royal IT Services Services at the Retail Outlet without assigning any reason whatsoever.
3. Royal IT Services shall specify to the Retailer/Distributor/Master Distributor, the necessary infrastructure and equipment including but not limited to computer terminals, peripherals attachments, internet and broadband connectivity, mobile device and/or any such device with GPRS connectivity, HTML enabled, which is compatible enough to run Royal IT Services Software/Services etc, for effectively providing the Royal IT Services Services, which the Retailer/Distributor/Master Distributor shall acquire at its sole expense. In case of the MPOS Application, the Retailer/Distributor/Master Distributor shall be entitled to install the Royal IT Services Software on that particular mobile device and/or any such other device, which is proposed to be registered with Royal IT Services for availing Royal IT Services Services, and no other mobile/device of the Retailer/Distributor/Master Distributor shall have such Software installed unless registered under the terms and conditions of this Agreement. Further, the Retailer/Distributor/Master Distributor shall prominently display the Royal IT Services signage, signboards, logos, etc at a prominent place in the Retail Outlet, strictly in accordance with the directions issued by Royal IT Services in this regard.
4. Upon satisfactory installation and operation of the necessary equipment and peripherals, Royal IT Services shall, subject to these Terms and Conditions, install the necessary software and other Royal IT Services Intellectual Property to enable the provision of the Services. All Services shall be provided solely through the portal of Royal IT Services or are recorded therein and no offline transactions are permitted and/or no such fake/false receipts should be issued by the Retailer/Distributor/Master Distributor for the willful fraud transaction done by the Retailer/Distributor/Master Distributor which are not transacted through Royal IT Services Software/portal. However, if any Retailer/Distributor/Master Distributor is found and/or discovered doing any such malicious/wrong/willful/fraudulent acts and/or offline transactions, it shall be liable and charged for such civil/penal and criminal acts by and under but not limited to the Indian Penal Code 1860 and Criminal Procedure Code 1973
5. The Retailer/Distributor/Master Distributor shall keep the Retailer/Distributor/Master Distributor Outlet open for business during normal business hours, or as permitted by law or such other time period as Royal IT Services may specify from time to time.
6. The Retailer/Distributor/Master Distributor shall ensure that the Retail Outlet is utilized for the purpose of rendering the Services in accordance with these Terms and Conditions. The Retailer/Distributor/Master Distributor shall further ensure that and shall not cause or permit (a) any material that may not be made available to the public under applicable law, including without limitation any vulgar, obscene, pornographic, misleading, defamatory, libellous, offensive, derogatory, threatening, harassing, abusive or violent content, to be made available in the Retail Outlet or (b) any activities that are proscribed under law or reasonably considered to be immoral or against public interest.
7. Royal IT Services may, at its sole discretion and with or without consideration, provide training manuals, technology support, ongoing advice and assistance to the Retailer/Distributor/Master Distributor and designated employees of the Retailer/Distributor/Master Distributor, including, provision of brochures, pamphlets, charts, signboards, signage and other materials for the purposes of advertisement, promotion and marketing the Services. Any materials supplied by Royal IT Services shall be utilized solely in relation to the provision of Services and the Retailer/Distributor/Master Distributor shall ensure that such materials are not utilized for any other purpose.
8. The Retailer/Distributor/Master Distributor shall not encroach/poach upon the areas of operation of other neighbouring Retailer/Distributor/Master Distributors appointed by Royal IT Services or act in any manner which will prejudice the business prospects of neighbouring Retailer/Distributor/Master Distributors appointed by Royal IT Services

DEFINITIONS AND INTERPRETATION

“Applicable Law” includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognized stock exchange, as may be applicable including but not limited to Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial Services by Banks, Business Correspondent Guidelines issued by RBI from time to time, Payment & Settlement Systems Act, 2007, Payment & Settlement Systems Regulations, 2008, Policy Guidelines on Issuance and operation of Pre-paid Payment Instruments in India, and any other guideline in relation to pre-paid cards issued from time to time by Reserve Bank of India and in each case, any implementing regulation or interpretation issued thereunder including any successor Applicable Law.

“Applicant” shall mean You or any individual person above the age of [18 (eighteen)] years, using an operational mobile phone connection, who applies either on his owner approaches Retail Partner at the Retail Outlet locations and/or such other locations, for availing the Company Services.

“Company Rules” shall mean policies issued by the Company with respect to its strategic business partners, retail partners, distributors, Consumers including but not limited to the policy on the code of conduct and other sales and management policies as issued on the Website, Platform and/ or otherwise and amended from time to time

“Consumer” shall mean an Applicant who upon submission of the CAF and upon completion of necessary formalities, is found to be eligible by Company as per guidelines issued by RBI (if any), to avail the Company Services and has opened a Membership Account.

“Governmental Authority” means any nation, state, sovereign, or government, any federal, regional, state, local or political subdivision and any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, constitutionally established and having jurisdiction over any of the parties (to the extent relevant to the transactions contemplated hereby) or the assets or operations of any of the foregoing or the transactions contemplated hereb.

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