Terms and Conditions

These Terms and Conditions (“Terms”, “Agreement”, or “Terms of Use”) govern the access to, registration on, browsing of, interaction with, or use of the platform branded and operated under the name “DotMik Mitra” (hereinafter referred to as the “Platform”), which is owned, managed, administered, and operated by DotMik Software Private Limited, a company incorporated under the provisions of the Companies Act, 2013 bearing Corporate Identification Number (CIN): U62091DL2024PTC428732 (hereinafter referred to as the “Company”, “DotMik”, “we”, “our”, or “us”).

he Platform functions as a technology-enabled retailer recharge facilitation system through which registered retailers, merchants, distributors, business partners, and authorized commercial users may obtain software-based access to recharge-related transaction services made available through integrated operational infrastructure, authorized service channels, software systems, and associated technological arrangements. By accessing, browsing, visiting, registering on, logging into, downloading, installing, interacting with, transacting through, or otherwise using the Platform in any manner whatsoever, whether through web interface, retailer dashboard, software panel, API integration, mobile interface, browser-based access, or any other electronic or digital medium, you (“User”, “Retailer”, “Merchant”, “Distributor”, “Partner”, or “you”) expressly acknowledge, represent, warrant, undertake, and agree that you have carefully read, fully understood, and voluntarily accepted these Terms and Conditions together with all policies, operational guidelines, compliance requirements, notices, disclaimers, amendments, and future modifications issued by the Company from time to time. If you do not agree to these Terms in whole or in part, you must immediately discontinue all access to and use of the Platform.

Acceptance of Terms

Your continued access to or use of the Platform shall constitute your unconditional, continuing, irrevocable, and legally binding acceptance of these Terms and Conditions and shall create a valid and enforceable agreement between you and the Company under applicable laws. The Company reserves the unrestricted and absolute right, at its sole discretion and without prior notice, to modify, revise, amend, replace, supplement, interpret, suspend, discontinue, or update any provision contained in these Terms at any time whatsoever. Continued use of the Platform following any such modification shall constitute your deemed acceptance of the revised Terms. The User acknowledges and agrees that electronic acceptance, digital consent, transactional activity, account usage, system interaction, or continued access to the Platform shall constitute valid and enforceable acceptance under applicable laws.

Eligibility

The Platform is intended solely for legally authorized retailers, merchants, distributors, business entities, commercial operators, and individuals competent to enter into legally binding agreements under the laws of India.

By using the Platform, the User represents, warrants, confirms, and undertakes that: (a) the User possesses full legal authority, competence, and capacity to enter into this Agreement; (b) all information, records, declarations, registration details, KYC information, and supporting documents submitted by the User are true, complete, authentic, accurate, lawful, and not misleading in any respect whatsoever; (c) the User shall use the Platform strictly for lawful and legitimate business purposes; (d) the User shall comply with all applicable laws, regulations, governmental directions, telecom requirements, cyber laws, compliance obligations, operational rules, and statutory requirements applicable to the User’s activities. The Company reserves the sole, unconditional, unrestricted, and discretionary right to approve, reject, suspend, restrict, deactivate, or terminate any registration, account access, transaction capability, or Platform usage without assigning any reason whatsoever.

Communication Policy

By registering on or using the Platform, the User expressly consents to receive communications, alerts, notifications, service-related announcements, operational instructions, transaction updates, OTPs, compliance notices, promotional communications, legal communications, and other correspondence from the Company or its authorized representatives through SMS, phone calls, email communications, WhatsApp messages, push notifications, automated systems, or any other electronic mode of communication. The User acknowledges and agrees that: (a) such communications may be generated through automated systems; (b) delivery of communications may be dependent upon third-party telecom or network infrastructure; (c) the Company shall not be liable for delayed, incomplete, failed, unauthorized, intercepted, or unsuccessful communications arising from technical disruptions, telecom failures, internet interruptions, or external operational circumstances. The User further agrees that such communications may be sent notwithstanding registration under Do Not Disturb (DND), National Customer Preference Register (NCPR), or similar preference registries, subject always to applicable law.

Use of the Platform

DotMik Mitra operates solely as a technology-enabled retailer recharge facilitation platform providing software-based operational access to recharge-related transaction services through integrated technological infrastructure, operational systems, and associated service channels. The Platform merely facilitates operational and technological connectivity and shall not, under any circumstances whatsoever, be construed as: (a) a telecom operator; (b) a banking institution; (c) a payment system operator; (d) a prepaid payment instrument issuer; (e) a wallet provider; (f) a financial institution; (g) a governmental authority; (h) or any regulated entity unless expressly stated otherwise. The User agrees: (a) not to misuse, manipulate, interfere with, disrupt, overload, or compromise the Platform or its associated systems; (b) not to conduct unauthorized, deceptive, illegal, suspicious, or fraudulent activities; (c) not to impersonate any individual, retailer, entity, institution, or organization; (d) not to attempt unauthorized access to any part of the Platform, infrastructure, systems, software, databases, APIs, or operational mechanisms; (e) to maintain strict confidentiality of account credentials, passwords, OTPs, and authentication-related information. All activities, instructions, authorizations, operational actions, and transactions initiated through the registered account shall be deemed to have been authorized by the User, and the User shall remain solely and exclusively responsible for the same.

Prohibited Conduct

The User shall not directly or indirectly: (a) conduct fake, manipulated, unauthorized, circular, suspicious, misleading, or fraudulent transactions; (b) create fictitious retailer identities or multiple unauthorized accounts; (c) misuse commissions, incentives, operational structures, or commercial benefits associated with the Platform; (d) engage in cyber fraud, unlawful financial activity, deceptive business practices, or prohibited commercial conduct; (e) deploy bots, automated scripts, malicious code, scraping mechanisms, reverse engineering systems, or unauthorized software tools; (f) exploit software vulnerabilities, operational loopholes, system inconsistencies, or technical defects; (g) share account credentials, OTPs, system access, or confidential operational information with unauthorized persons. Any actual, suspected, attempted, or reported violation may result in immediate suspension, restriction, deactivation, permanent termination, regulatory reporting, law enforcement escalation, cyber complaint filing, civil proceedings, criminal proceedings, or any other legal action deemed appropriate by the Company without prior notice.

Termination; Agreement Violations

The Company reserves the unrestricted and unconditional right, at its sole discretion and without prior notice, to suspend, deactivate, restrict, terminate, or permanently prohibit access to the Platform in the event of: (a) violation of these Terms; (b) suspicious, unauthorized, deceptive, or fraudulent activity; (c) operational misuse; (d) compliance concerns; (e) KYC discrepancies; (f) regulatory complaints; (g) cyber-related complaints or investigations; (h) technical or security risks; (i) conduct deemed harmful to the Platform, the Company, its operations, or other users. Termination or suspension of access shall not affect any accrued rights, obligations, liabilities, remedies, or legal actions available to the Company under applicable law.

Limitation of Liability and Damages

To the fullest extent permissible under applicable law, DotMik Software Private Limited, including its directors, officers, shareholders, employees, affiliates, licensors, operational partners, consultants, service providers, representatives, agents, technology partners, and associated entities, shall not be liable for any direct, indirect, incidental, consequential, exemplary, punitive, commercial, reputational, or special damages arising out of or relating to: (a) recharge failures, recharge delays, transaction reversals, or pending settlements; (b) telecom interruptions, API downtime, connectivity failures, software malfunction, server unavailability, internet disruptions, or technical interruptions; (c) unauthorized access resulting from User negligence, credential compromise, phishing activity, cyber incidents, or operational misuse; (d) third-party operational failures, infrastructure disruptions, force majeure events, regulatory restrictions, governmental actions, or external system failures; (e) loss of profits, revenue, business opportunities, goodwill, commercial expectations, anticipated savings, operational continuity, or data. The User expressly acknowledges and agrees that digital transaction systems inherently involve technological, operational, connectivity, and third-party dependency risks and that use of the Platform shall remain entirely at the User’s sole discretion, judgment, and risk. Under no circumstances shall the aggregate liability of the Company exceed the amount, if any, actually received by the Company from the User in relation to the specific disputed transaction giving rise to such claim.

Indemnification

The User agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, affiliates, consultants, licensors, service providers, technology partners, operational associates, representatives, and agents from and against any claims, proceedings, liabilities, losses, damages, penalties, costs, expenses, or demands, including legal costs and attorney fees, arising out of or relating to: (a) violation of these Terms; (b) misuse of the Platform; (c) unauthorized or fraudulent activities conducted through the User account; (d) breach of applicable laws or regulatory obligations; (e) infringement of third-party rights; (f) operational misuse, negligence, misconduct, or unlawful activity attributable to the User.

Disclaimer; No Warranties

The Platform and all associated systems, software infrastructure, operational utilities, communication channels, interfaces, technologies, transaction mechanisms, and functionalities are provided strictly on an “as is”, “as available”, and “without warranties” basis. The Company expressly disclaims all warranties, representations, guarantees, assurances, conditions, or obligations of any kind whatsoever, whether express, implied, statutory, equitable, or otherwise, including but not limited to uninterrupted availability, merchantability, reliability, suitability for a particular purpose, security, compatibility, non-infringement, operational continuity, data accuracy, or error-free functionality. The Company does not warrant that: (a) the Platform shall operate uninterruptedly or without delay; (b) technical defects or operational interruptions shall be corrected immediately; (c) the Platform shall remain free from viruses, malware, cyber threats, unauthorized intrusions, or harmful technological components; (d) all transaction outcomes shall always be successful, accurate, timely, or commercially beneficial. Use of the Platform shall remain entirely at the User’s own discretion and operational risk.

Ownership; Proprietary Rights

All software systems, operational methodologies, interfaces, APIs, transaction structures, source codes, databases, algorithms, software architecture, technological frameworks, content, trademarks, logos, trade names, branding elements, graphical interfaces, operational models, documentation, and intellectual property associated with DotMik Mitra are and shall remain the exclusive property of DotMik Software Private Limited. Nothing contained herein shall be construed as granting the User any ownership rights, licenses, proprietary interest, or commercial entitlement in relation to the Platform or any associated intellectual property. The User shall not copy, reproduce, modify, distribute, reverse engineer, decompile, commercially exploit, publish, transmit, license, create derivative works from, or otherwise misuse any portion of the Platform without prior written authorization from the Company.

Modification of this Agreement

The Company reserves the unrestricted right, at any time and without prior notice, to modify, amend, supplement, replace, interpret, discontinue, revise, or update these Terms and Conditions or any associated policies, operational rules, procedures, or compliance requirements. Any such modification shall become effective immediately upon publication or implementation on the Platform unless otherwise specified. Continued access to or use of the Platform following such modification shall constitute deemed acceptance of the revised Terms.

Notice; Waiver

Any notice, disclosure, operational communication, legal correspondence, compliance instruction, or transactional intimation may be provided electronically through the registered mobile number, email address, Platform notification system, or any other legally permissible communication method determined appropriate by the Company. Failure by the Company to enforce any provision, right, remedy, entitlement, or protection under these Terms shall not constitute a waiver thereof nor prevent subsequent enforcement of the same or any other provision contained herein.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by, interpreted under, and construed in accordance with the laws of India. Any dispute, controversy, claim, proceeding, litigation, or legal action arising out of or relating to the Platform, transactions, operational systems, services, or these Terms and Conditions shall be subject exclusively to the jurisdiction of the competent courts situated at New Delhi, Delhi, India. The User irrevocably submits to the exclusive jurisdiction of such courts and waives any objection relating to territorial jurisdiction, forum convenience, or legal venue.