Terms of Use

The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a contract between you being, an individual customer, user or beneficiary of this service of at least 18 years of age and NumberX Private Limited having its registered office at G3 JTM Mall, Jagatpura, Jaipur, Rajasthan-302017. All services are rendered by SCPL through its platform under the brand name ‘numberx’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of SCPL. (together with its subsidiaries and other affiliates, “us”, “We” or “Numberx”), regarding your use of purchase of prepaid SIM, postpaid SIM or hardware devices like phones, devices or such other services which may be added from time to time (all such services are individually or collectively are referred to as service or services as they case may be). Service can be used by you, subject to your adherence with the terms and conditions set forth below including relevant policies. NumberX reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions at 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 “Site” may introduce.

The services are not available to persons under the age of 18. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age. 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.

We are a Reseller Only. Numberx does not provide mobile service and is only a reseller of prepaid SIM, postpaid SIM or Dongle of telecommunications service providers (the ‘Telco’ or ‘Telcos’) or other distributors or aggregators of such Telco’s. Numberx is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s. SIM/Dongle/phone/other products sold by us to you is sold without recourse against us for any breach of contract by the Telco. Any disputes regarding the SIM, services quality, minutes provided, cost, or other terms of the SIM purchased must be handled directly between You (or the Purchaser of the SIM) and the Telco.

In order to use the Service, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

Numberx and/or the Numberx business partner reserve the right to charge and recover from the User, fees for availing the Services. These changes shall be effective from the time they are posted to the Numberx Website or over the Numberx business partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the Numberx Website or check with the Numberx business partner channel through which you are availing the Service to review the current fees from time to time. In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, NumberX shall be entitled to charge and recover from you and you shall be liable to pay such charges to the Bill Payment Service as may be decided by Numberx. These charges shall be charged on to your designated Payment Account or in any other manner as may be decided by Numberx.

Depending upon the Numberx business partner through whom the Service is availed by you (i) the specific features of the Service may differ (ii) the number of Billers available over the Service can differ (iii) the type and range of Payment Accounts that can be used to issue a Payment Instructions can differ and (iv) the modes/devices over which the Service can be accessed can differ; and (v) the charges, fees for availing the Service or any aspect of the Service can differ. Specific details related to these aspects would be available with the Numberxbusiness partner or the channel over which the Service is being availed.

From time to time, Numberx, at its sole discretion, can add to or delete from such list types of Payment Accounts that can be used in respect of making payments to a Biller. In any event (i) the type and range of Payment Accounts that can be used for making payments may differ for each Biller depending on Biller specifications (ii) there may be an additional fees/charge when using certain types of Payment Accounts in respect of a Biller; and (iii) the terms upon which a payment can be made to a Biller can differ depending on whether a Card or a Bank Account is used to issue the Payment Instruction. Further depending on the specific facilities allowed by a Numberx business partner, payments to a Biller can be made either (a) by issuing a Payment Instruction for an online debit/charge to a Payment Account; or (b) by scheduling an automated debit to a Payment Account.

In using the Bill Payment Service, you agree to:

Numberx is an intermediary in providing discount offers of partner websites in e-commerce category. Numberx owes zero liability for loss occuring due to individual shopping prefernce using the coupon offers or loss of discount coupons. The cashback offered on select plans is to be credited only post sucessfull activation & First Recharge. 10digi would transfer the amount in customer’s account using online payment methods of UPI or Paytm wallet Customer has to submit there UPI ID or registered mobile number to our delivery personnel at the time of delivery for availing cashback. Numberx reserves the right to change offer coupons of partner stores on website and cashback amount on operator plans for Delivery / activation anytime without prior notice to customers.

You understand that, except for information, products or services clearly indicated as being supplied by the Numberx, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Numberx cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements for accuracy of data input and output.

“Personally Identifiable Information” means any information that either on its own or when combined with certain other information can identify an individual and for the purpose of this Privacy Policy usually limited to Your mobile phone number or address. Numberx may obtain the following types of information from or concerning You or Your mobile device, which may include personal information that can be used to identify You as specified below:

You provide certain Personally Identifiable Information, such as Your mobile phone number, name and mobile device information to Numberx when choosing to participate in the use of the Numberx application, such as registering as a user, messaging Numberx, uploading images. In order to provide the Numberx service, Numberx shall periodically access Your location on Your mobile phone to ensure a better user experience.

When you visit the Numberx Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Numberx uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the NumberX Site may not function properly if the ability to accept cookies is disabled.

When you use the Numberx Site or Application, our servers automatically record certain information that your web browser or application sends. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, and various status information. When you use the Numberx application, our servers log certain general information that our application sends whenever a message is sent or received, error information, including time and date stamps of messages sent and received.

Numberx may receive data whenever You connect with an application or site through Numberx (such as when you visit an external link from Numberx). This may include date and time You visit the site, the web address and IP address information.

 

We neither share nor sell without Your consent Your Personally Identifiable Information such as Your mobile phone number and address book and any other information we may collect with any third parties for use for commercial, advertising and or similar marketing purposes without Your consent. However, in the future as a part of a specific promotion or feature You may specifically choose to opt-in/opt-out for any specific product and or service which may allow Your personal information to be used for such purposes.

We may share Your Personally Identifiable Information and Contents to deliver the services desired by You to the extent it is necessary to maintain or further develop and enhance our Application and to ensure the functionality and security of our services and to prevent and investigate any fraud and other misuse.

We may share non-personally-identifiable information (such as anonymous user usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with third-parties to better understand usage patterns for certain content, services, advertisements, promotions, and/or functionality related to Numberx application.

We may use cookies and log file information to:; (a) provide custom, personalized content and information; (b) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (c) track your entries, submissions, views and such.

We may disclose Personally Identifiable Information and available user Contents as required pursuant to applicable laws, a directive or order of a government entity or statutory authority or any judicial or regulatory authority or to law enforcement agencies in any official investigation including but not limited to cyber incidents, prosecution and punishment of offences. You agree that NumberX has the right to monitor the Application electronically from time to time and to disclose information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Application properly for justified purposes that are relevant for the features and functionalities of the Application and related services opted by You, or to protect itself or its subscribers. We may transfer Your Personally Identifiable Information or other information collected, stored, processed by NumberX to any other entity or organization located in India or outside India only in case it is necessary for providing services to You in connection with Application. Except with Your consent including under this Agreement for specified purposes, We will not disclose any Personally Identifiable Information to any third party. We will cooperate with the appropriate law enforcement authorities in investigating claims of illegal activity.

You may choose not to submit Personally Identifiable Information through NumberX application in which case we may not be able to provide You part or full services in connection with the application. If You do not agree with any of the Terms including our Privacy Policy, You may delete Your account or not access download and use the Application. Upon deletion of Your account, Your Personally Identifiable Information and any associated Contents, except to the extent required to be retained under applicable law, will be deleted from our servers.

In the interest of protecting Your privacy and for security measures, Numberx ensures to take reasonable steps to identify and authorise You before registering Your mobile phone number and granting.

By using the Services you agree not to:

You agree that NumberX, 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. NumberX 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 NumberX 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 NumberX may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.

In no event will NumberX or its contractors, agents, licensors, partners, 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

(i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if NumberX or a NumberX authorized representative has been advised of the possibility of such damages. In no event will NumberX 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 (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with NumberX, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using a portion of the Services or the Site giving rise to the cause of action. You acknowledge and agree that 10digi has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and limitations of liability set forth herein, that the warranty disclaimers and limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and NumberX, and that the warranty disclaimers and limitations of liability set forth herein form an essential basis of the bargain between you and NumberX. NumberX would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, NumberX liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.

You agree to indemnify, save, and hold NumberX, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, 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. NumberX reserves the right, at your expense, to assume the

exclusive defense and control of any matter for which you are required to indemnify NumberX, including the rights to settle, and you agree to cooperate with NumberX defense and settlement of these claims. NumberX 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.

To the fullest extent permissible pursuant to applicable law, NumberX and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, the 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 NumberX or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “Number” includes NumberX officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies.

You acknowledge that NumberX is a reseller of prepaid SIM, postpaid SIM or Dongle and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. You expressly agree that use of the services and the site 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 site or on the internet generally.

We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site 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. NumberX, and its third party suppliers, licensors, and partners do not warrant that the data, NumberX 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.

NumberX 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 computer 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 NumberX 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.

The Services and the Site are owned and operated by NumberX 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 NumberX (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 NumberX, all Materials, trademarks, service marks, and trade names contained on the Site are the property of NumberX and/or third party licensors or suppliers. You agree not to remove, obscure, or alter NumberX 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 NumberX, 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. NumberX 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 NumberX, and shall assign to NumberX, 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.

NumberX reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site 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, NumberX may be required under applicable law to give you advance notice, and NumberX will comply with such requirements.

NumberX may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to NumberX must be sent by courier or registered mail to NumberX Private Limited having its registered office at G3 JTM Mall, Jagatpura, Jaipur, Rajasthan-302017, India.

The failure of NumberX 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 NumberX.

NumberX 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 property of you or NumberX (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither 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 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.

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 NumberX must be resolved by a court located in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located in 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.

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.

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.

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.

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.

This is the entire agreement between you and NumberX 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 NumberX in accordance with the terms of this Agreement.