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Prune Website Terms & Conditions

 

  1. Eligibility

The Prune Digital Services are only available to persons over 18 or to anyone previously suspended or removed by Prune from availing of the Prune Digital Services or accessing the Prune Platform. By accepting the T&Cs or by otherwise using the Prune Digital Services on the Prune Platform, you represent that You are at least 18 years of age and have not been previously suspended or removed by Prune or disqualified for any other reason from availing the Prune Bill Payment and Digital Goods Services or using the Prune Platform. Moreover, you assert and affirm that you possess the right, authority, and capacity to enter this Agreement and adhere to all the T&Cs set forth. Furthermore, you are prohibited from impersonating any individual or entity, providing false information, or misrepresenting Your identity, age, or affiliation with any person or entity. Finally, in case of any violation of the T&Cs, Prune reserves the right to suspend your access or even permanently prevent You from logging in & availing of Prune Digital Services or using the Prune Platform.

 

  1. Use of the Prune Platform/Prune Services

We advise that you carefully read the following terms and conditions. Before you decide to register on, accessing, browse, download or using the Prune website located at Prune.co.in and all associated sites linked to Prune.co.in or the Prune mobile app or any other platform (hereinafter collectively, the Prune Platform run by Prune Digital Consumer Solutions Private Limited, having its registered office at C-146, DLF Capital Greens, Shivaji Marg, New Delhi – 110015 and headquartered at B-6, Sector-4, Noida – 201301 (hereinafter referred to as Prune) on any device and/or before availing any of the services offered by Prune on the Prune Platform which may include all services such as recharge or bill payment, Prune products, International SIM, digital products, closed wallet service, and marketplace service or any other service that Prune may offer on the Prune Platform (hereinafter individually, and collectively, the Prune Services). It is clarified that these terms and conditions shall apply to all Prune Services, whether offered by Prune or its affiliates.

  1. Additional Terms and Conditions:

Additional T&Cs may apply for You to avail of specific Prune Services as to particular sections/portions or features of the Prune Platform, including Prune Points contests, promotions, or other similar features, all of which this reference makes terms a part of these T&Cs. You irrevocably agree to abide by all Terms & Conditions, including the additional terms and conditions, including, where applicable, representing that You are at an age legally permissible to use or participate in such Service or features. Lastly, In case there is a conflict between the stated T&Cs and the terms posted for or applicable to a specific section of the Prune Platform or for any Prune Service offered on or through the Prune Platform, the latter terms shall control concerning Your use of that portion of the Prune Platform or the specific Prune Service. Prune may change any Prune Services offered on the Prune Platform, or to the applicable terms for any such Prune Services, at any time, without notice. The materials on the Prune Platform concerning the Prune Services may need to be updated, and Prune does not commit to updating the materials on the Prune Platform concerning such Prune Services. The following terms are governing and apply to Your use of the Prune Platform, and they are incorporated herein by this reference:  Prune.co.in/terms-and-conditions/" >https://Prune.co.in/terms-and-conditions/ 

 

3(A) Charges: Recharge and Bill Payments on Prune

To use the bill payments service or any other Prune Service, You must obtain access to the World Wide Web or the Internet on a computer system or any other device that is allowed to access web-based content. You must have all equipment to connect to the World Wide Web or the Internet. Prune and/or the Prune business partner (including Prune's bill payment partners) have the full authority to charge and recover the fees for availing the Service as the case may arise. These charges shall be effective when posted on the Prune Platform or the Prune business partner's channel/portal/website through which You are using the Service. Such revisions bind you and should therefore visit the Prune Platform to review the applicable fees, which may vary from time to time. If You decide to stop or request a reversal of the payment instructions that may have been submitted, Prune shall be entitled to charge and recover the damages from You, and You shall be liable to pay such charges. Prune provides a safe and user-friendly method for making payments to identified billers using a valid payment account. Depending upon the Prune business partner through whom you avail the specific Service,

(i) The particular characteristics of the Service may vary;

(ii) The number of billers accessible through the Service may vary;

(iii) The types and variety of payment accounts that can be utilized to issue payment instructions may differ;

(iv) The methods and devices for accessing the Service may differ; and

(v) The charges for utilizing the Service or any aspect of the Service may vary.

 

Specific details concerning these aspects will be accessible from the Prune business associate on their channel/portal/website through which the Service is being availed. From time to time, Prune, at its sole discretion, can add to or remove from a specific list of billers or types of payment accounts that can be used to make payments to a biller. Depending on biller specifications, the acceptable styles and range of payment accounts for making payments may vary. There may be additional fees/charges when using certain payment accounts for a biller. The conditions upon which a payment can be made to a biller can vary depending on if a card or a bank account is used to issue the payment instructions. Further, depending on the specific facilities a Prune business partner allows, payments to a biller can be made: by

(i)making a payment by providing an online debit/charge instruction to a payment account or by

(ii) scheduling an automated debit to a payment account. While making use of the bill payment service, You approve to:

Provide true, accurate, current and complete information about Yourself ("Registration Data"), Your payment account details ("Payment Data"), and Your biller details ("Biller Data"); and

You are responsible for ensuring that your Registration Data, Payment Data, and Biller Data are regularly updated to maintain accuracy, truthfulness, and completeness at all times. Assume, You provide any information that is untrue, inaccurate, not current or incomplete, or Prune has reasonable grounds to suspect that such information is incorrect, inaccurate, not current or incomplete. In that case, Prune reserves the right to suspend or terminate Your account and deny any current or future use of the Prune Services/Prune Platform (or any portion thereof). The term biller includes Prune operators.

Prune shall not be held responsible and will not incur liability if it cannot process any payment instruction(s) on the payment date due to any of the situations listed below.

If the payment instruction(s) given by You are incomplete, inaccurate, invalid, or delayed;

If the payment account has insufficient funds/limits to cover the amount as mentioned in the payment instruction(s);

If the funds available in the payment account are under any encumbrance or charge;

If Your bank or the clearing center declines or postpones honoring the payment instruction(s);

If payment is not processed by the biller upon receipt;

Prune shall not be held liable for circumstances beyond its control, including events such as fire, flood, natural disasters, bank strikes, power failure, system failures like computer or communication line breakdown, unforeseeable causes, or interference from external forces.

If the bill payment is not affected, you will be informed about the failed payment on the Platform.

Theme/Water/Amusement Parks Tickets

Prune operates as an intermediary within the purview of the Information Technology Act, 2000 and the accompanying rules and solely assists in the buying and selling of tickets between the merchant and the Customer. For this section, the merchant shall mean any theme park, water park, amusement park, or other related establishment for which ticket(s) have been sold over the Prune Platform. Prune does not, at any point during any transaction between the Customer and merchant, take authorization for any of the products/services issued by the merchant. Neither Prune, at any point, asserts any rights or responsibility for the products and services provided by the merchant to the user. In using the online ticketing Service on the Prune Platform, you explicitly agree and acknowledge the following:

Once you make bookings for the tickets, they cannot be canceled, exchanged, or refunded.

The booking confirmation will be sent via e-mail and/or SMS. For e-tickets, you are required to present the e-mail confirmation at the ticket counter to receive an actual ticket(s) and/or band(s), as applicable, from the ticket counter.

 

Prune shall not be liable for any loss, harm, or injury endured by the Customer at the theme park/water park/amusement park areas or any other related establishment for which ticket(s) were purchased over the Prune Platform;

Prune shall not assume responsibility If certain activities, rides, slides, and attractions purportedly offered by the merchant are not functional on any particular day.

 

By purchasing tickets through the Prune Platform, you warrant and agree that you are in good health and acknowledge the inherent risks associated with undertaking the activities offered by the merchants.

Prune assumes no liability for your health, safety, and well-being during or after participating in the activities offered by the merchant.

Users will incur maintenance charges, categorized as either

  1. a) convenience fee or
  2. b) platform fee, when availing recharges and bill payment services on the platform. the Prune Platform, e.g. for paying electricity bills, mobile recharge, and other services.
  1. Platform fee will include GST paid by PDCSPL or the relevant Prune entity.
  1. Platform fee is levied for availing services made available on Prune. The charges cover the cost of enabling the technology features built by Prune for providing services.
  1. The entity providing the Service, Prune Digital Consumer Solutions Pvt. Ltd., has the right to update the levied charges. Prior notice shall be issued to the customers before any changes are made to the charges given to the customers before any changes are made to the charges.
  1. The charges remain unaffected by the payment instrument used.
  1. Prune has the right to apply platform fees to transactions involving merchants outside the BBPS ecosystem. The fee is subject to changes as per circulars issued by NPCI for BBPS.

 

 

  1. c) Platform Fee / Convenience Fee

 

The convenience fee covers the cost of transactions (Inclusive of GST). This fee applies to specific payment methods such as debit cards, credit cards, net banking, and other services.

Prune reserves the right to charge a nominal Platform Fee for utilizing Prune's Recharges and Bill Payments service.

 

Bill Amount

Maximum Platform Fee Charged

Below ₹ 1,000

₹ 4

₹ 1,001 to ₹5,000

₹ 8

₹ 5,001 to ₹ 40,000

₹ 20

Above ₹ 40,000

₹ 30

 

Prune Recharges/Bill Payments

 

Prune is only a reseller of digital products, Mobile Connections. Prune and its related entities do not offer mobile operator services and solely act as an agent of prepaid mobile recharge services that are ultimately provided by Telecommunication retailers (hereafter 'Telco' or 'Telcos') or by other suppliers or aggregators of such Telcos. Prune or its related entities do not act as a warrantor, insurer, or guarantor of the services to be provided by the Telcos for prepaid mobile. Connections/recharge sold to you by the seller on the Prune Platform is sold without recourse against Prune, or its related entities shall not be held responsible for any deficiency in Service by the Telcos. Any disputes concerning the quality, time provided, cost, expiration, or other terms and conditions of the mobile prepaid recharge purchased must be resolved by You (or the recipient of the recharge) and the Telco. The T&Cs and conditions set out in this section apply, mutatis mutandis, to other prepaid recharge products available on the Prune Platform, including prepaid recharges concerning DTH, data card or toll tags, and other prepaid recharge products that may be offered on the Prune Platform. Prune or its related entities will not be responsible for any failure of any of its recharge partners in effecting a recharge. 

 

3(B) eSIM Reselling

Prune is a reseller of International Prepaid eSIM.

The Customer registers and makes a purchase of eSIM on https://www.Prune.co.in website and/or the Prune App. Our payments are operated by our Payment Gateway Partner with an alias of your credit card (virtual Credit Card Imprint).

 

3(C) Start Duration & Termination of the contract

The service contract between Prune and the Customer begins upon completing the order at the Prune website https://www.Prune.co.in or via the Prune app.

The Activation of the eSIM and acknowledgment of the Activation Policy is the Customer's responsibility.

The contract will be immediately terminated if the Customer does not have an ongoing data package or has deleted the eSIM from the target device

 

3(D) Device Compatibility

The Customer is responsible for ensuring their device is eSIM compatible and network-unlocked. Device compatibility may vary depending on the carrier and country of origin. The Customer is responsible for verifying the list of eSIM-compatible devices provided at the checkout.

By checking the box confirming that the Customer's device is eSIM compatible, the Customer is held responsible for the accuracy of the information they provide.

The eSIM compatibility list is constantly expanding, which means the newly announced eSIM-compatible devices may still need to be added.

 

3(E) Prune Engagements

Prune shall use reasonable endeavors to provide Customer quality service. However, Prune does not guarantee that the Service will not be interrupted, delivered on time, and be safe or fault-free.

 

 

3(F) Terms and conditions for telecom Products and services.

The Customer will be required to fill in the Prune Customer Activation Form, besides furnishing other particulars, as required by the Mobile Operator, to become eligible for subscribing to services rendered by them. In the event of any default on the part of the Customer, as stated above, Prune shall be well within its right to refuse the connection of the said Customer, and any monies paid shall neither be credited nor refunded under any circumstances. 

 

Additional Terms and Conditions for Customers using the various services offered by Prune:

    1. Prune Services Ordering & Delivery:

  1. Prune provides Prune ordering services by entering into contractual arrangements with Telecon partners ("Telecom Partners") and Stores (as defined below) on a principal-to-principal basis for the purpose of showcasing their. Mobile Plans or the Products (as described below) for Prune ordering and Delivery by the Customers on the Prune Platform.
  2. The Customers can access the Plans or Products listed on the Prune Platform and place orders against the Prune Partner(s)/Store(s) through Prune.
  3. Your request to order Telecom Services or Products from a Prune Partner or a Store page on the Prune Platform shall serve as an absolute and irrevocable authorization granted in favor of Prune to place orders for Prune or Products against the Prune Partner(s)/Store(s) on your behalf.
  4. Delivery of an order placed by you over the Prune Platform may either be undertaken directly by the Prune Partner or the Store under which you have placed an order or facilitated by Prune through a third party who may be accessible to provide delivery services to you ("Delivery Partners"). In both these cases, Prune functions solely as an intermediary, bridging the gap between you and the Delivery Partners or between you and the Telecom Partner or the Store, as the case may be.
  5. The acceptance by a Delivery Partner for undertaking the Delivery of your order shall constitute a contract of Service in accordance with the Consumer Protection Act of 2019 or any successor legislation between you and the Delivery Partner, to which Prune is not a party under any applicable law. Prune clarifies that it does not offer any delivery or logistics services; instead only enables the Delivery of Telecom Services or Products ordered by the Customers through the Prune Platform by connecting the Customers with the Delivery Partners, the Telecom Operator Partners, or the Store, as the case may be.
  6. Where Prune is facilitating the Delivery of an order placed by you, Prune shall not be liable for any acts or omissions on the part of the Delivery Partner, including deficiency in Service, wrong Delivery of the order, time is taken to deliver the order or order package tampering.

    You might be charged a delivery fee for the Delivery of your order by the Delivery Partner or the Store, as the Delivery Partner or the Store may determine ("Delivery Charges"). You confirm that Prune is authorized to collect, on behalf of the Prune Partner or the Delivery Partner or the Store, the Delivery costs for the delivery service provided by the Prune Partner or the Store or the Delivery executive, as the case may be. The Delivery costs may differ from order to order and may be determined by multiple factors, including but not limited to Telecom Partner / Store, order value, distance, and time of the day. Prune will inform you of the Delivery Charges surge for your Delivery order facilitated through the Delivery Partner or Store. This Surge Price is determined based on Multiple reasons, including but not limited to distance covered, time taken, and demand for Delivery. In accumulation, it takes into account the live analysis of traffic and weather conditions, monitoring seasonal peaks and other parameters as may be determined from time to time to determine the Delivery Surge. Prune will make practical efforts to update you of any applicable Delivery Surge that may be liable to you, provided you will be responsible for the Delivery Surge acquired for your order, irrespective of your awareness of such Delivery Surge.

  7. Regarding placing your order, Prune shall issue documents like order summaries or tax invoices per the applicable legal regulations and standard business practices.
  8. You are expected to respect the dignity and diversity of Delivery Partners, and accordingly, you agree to not discriminate against any Delivery Partner based on Discrimination Characteristics (as defined below). You are also expected to provide a secure and fearless gig/ platform work environment for the delivery partners, including preventing and deterring harassment (including sexual harassment) towards Delivery Partners.

Discrimination Characteristics shall mean discrimination based on race, community, religion, disability, gender, sexual orientation, gender identity, age (insofar as permitted by applicable laws to undertake the relevant gig work), genetic information, or any other legally protected status.

2. Prune Plans & Products and Delivery with Prune Partners:

  1. All prices listed on the Prune Platform are provided by the Prune Partner, including SIM packaging, First Recharge or Activation charges, if any, at the time of publication on the Prune Platform and the same are displayed by Prune as received from the Prune Partner. While we assure to keep them up to date, the final Plan Price charged to you by the Prune Partner, including the SIM packaging, First Recharge, or Activation charges, may change at the time of Delivery. In the event of a conflict between the Prune Platform's price and the Prune Partner's price, the Prune Partner's price shall be deemed the correct price except for the Delivery Charges of Prune.
  2. On-Time Guarantee:
  3. i. Delay on the On Time Guarantee Time is for unexpected reasons, e.g. strikes, natural disasters, or Delivery Partner's inability to provide the order.

    ii. is only for advance-paid orders; the delivery guarantee is not for COD orders.

    iii. You change, edit, update or cancel such order or perform any such act that can change, edit or modify the order, including but not only limited to adding or changing the items ordered or receiving Delivery at a different location from the one indicated at the time of placing of the order.

    iv. You indulge in actions with the intention of postponing the order, which may include, but are not limited to, requesting the Delivery Partner to delay the order or being unresponsive on call.

    v. The order is a bulk order (as per Prune's standard order size)

    vi. The order is cancelled due to any reason.

    For this clause, words capitalized shall have the following meaning: "On Time Guarantee Time" shall mean the Promised Delivery Time, which starts when the Partner accepts the order. The delivery time will be counted as the period between accepting the order and the Delivery Partner reaching within a 100-metre radius of your location or Society's first barrier point (security guard/reception.), whichever is earlier. "Coupon" shall mean a one-time code generated by Prune for the delay in On Time Guarantee Time to be used as per applicable conditions.

  4. General Terms and Conditions
  5. a. Prune is not a Telcom Service Provider, manufacturer, seller or distributor of Prune Services or Products and merely places an order against the Prune Partner(s)/Store(s) on behalf of the Customers, in accordance to the unconditional and irrevocable authority granted by the Customers to Prune, and facilitates the sale and purchase of Prune Services or Products between Customers and Prune Partners/Store(s), under the Agreement for sale and purchase of Prune Services or Products between the Customers and Prune Partners/Store(s).

    b. Prune shall not be liable for any acts or omissions on the part of the Prune Partner/Store(s), including deficiency in Service, quality, incorrect pricing, deficient quantity, or Delivery of the order.

    c. The Prune Partner(s)/Store(s) shall be solely accountable for any warranty/guarantee of the Telecom Services or Products purchased by the Customer and in no event shall be the liability of Prune.

    d. For the Customers in India, it is as a result of this clarified by Prune that the liability of any breach of the applicable rules and regulations made there under shall entirely rest with the sellers/brand owners, vendors, Prune Partner(s)/Store(s), importers or manufacturers of the Prune products & Services or any Pre packed Goods accordingly.

    e. While placing an order, you shall be required to provide specific information, including, without limitation, phone number and delivery address. You agree to take care while providing these details and that these details are accurate and complete when placing an Order. You express your acceptance of Prune's terms and privacy policies by providing these details.

    f. The overall price for Services ordered, including Delivery Charges and other related charges, will be displayed on the Prune Platform when you place your order, which may round up to the nearest amount. Customers shall make a full payment towards such Telecom Services or Products ordered via the Prune Platform.

    g. Any amount that Prune may charge you over and above the order value shall include applicable taxes.

    h. The delivery periods or takeaway time quoted at the time of ordering are provided as approximate estimates and are subject to variation.

    i. Personal Promo code shall only be used by You subject to such terms and conditions set forth by Prune occasionally.

    j. cancellation and refund policy: You acknowledge that

(1) any cancellation, attempted cancellation, or alleged cancellation of an order or

(2) cancellation due to reasons not preferable to Prune, that is, in the event you provide incorrect particulars, contact number or delivery address, or that you were unresponsive, not reachable, or unavailable for the fulfillment of the services offered to you, shall amount to a breach of your unconditional and irrevocable authorization in favor of Prune to place an order against the Restaurant Partners/Store(s) on your behalf ("Authorization Breach"). If you perform an Authorization Breach, you will be responsible for paying the liquidated damages of an amount equivalent to the order value. You, as a result of this, authorize Prune to deduct or collect the payable amount as liquidated damages through such means as Prune may determine in its discretion, including without limitation, by removing such amount from any payment made towards your next order

  1. There may be cases where Prune is either unable to accept your order or may cancel the order due to certain reasons, including, without limitation, technical glitches, unavailability of the item(s) ordered, or any other cause attributable to Prune, Prune Partner/Store or Delivery Partner. In such cases, Prune shall not charge a cancellation charge from you. In case of order cancellation, after assessing the payment and if you are eligible for a refund of the order value or any part thereof, we will reverse the said amount to you.
  2. No replacement/refund / or other resolution will be provided without Prune Partner's/Store(s)' permission.
  3. Any complaint concerning the order, which shall include instances but not be limited only to food spillage, foreign objects found in food, Delivery of an inaccurate order or food and beverages or Products, or bad quality, it is mandatory to share the proof of the same before we can provide any resolution.
  4. You shall only be entitled to a refund if instructions for KYC placed along with the order are followed in the form and manner if your KYC fails or if you have the required documents for KYC available at the time of Delivery.
  5. All refunds will be initiated in the same manner as they were received, except for credits that have been issued to you as refunds, and the refund amount will appear in your account according to the policies of your respective banks.

 

3(G) Liability and warranty

(a) Fraudulent purchases: Prune reserves the right to refuse any form of refund if there is evidence of abuse, breach of our Terms and Conditions, or any fraudulent activity connected with using Prune products and services.

(b). Unauthorized purchases: The case under such purchases will be subject to investigation by appropriate authorities and approval before processing any refund. Prune reserves the right to suspend any account associated with fraudulent activity.

(c). Accidental purchases: Once the Customer installs the eSIM, it will be considered to have been used, and No refunds whatsoever will be applicable.

(d). Incorrect charges: If the Customer has a reasonable and good faith dispute with an invoice or part of it, the Customer must notify. Prune of such a dispute within twelve (12) days of receipt of the invoice. The Customer is expected to provide details as to why the invoiced amount is incorrect and, if possible, how much the Customer considers due.

(e). Replacements: eSIMs purchased exclusively with Prune Points earned from vouchers can be replaced within 30 days from the date of purchase.

(f). Other Reasons: If the refund request does not fall within the above criteria, we will evaluate the request on a case-by-case basis. In such instances, if the refund is approved, a processing fee may be applicable. The maximum credit refund a Customer can initiate must be either equal to or less than the total amount they paid.

Under no circumstances will Prune, its directors, employees, partners operators, agents, licensors, partners, or suppliers be held accountable for any special, indirect, secondary, consequential, punitive, reliance, or exemplary damages. It encompasses but is not restricted to lost business opportunities, lost revenues, loss of expected profits, or any other financial or non-financial loss or damage of any kind whatsoever. These damages may arise out of or be related to 

(i) this Agreement; 

(ii) the Prune Services or any similar platform/service; or 

(iii) Your utilization or inability to utilize the Prune Services, the Prune Platform (including any and all materials), or any other reference sites/app/platform/service, even if Prune or a Prune authorized representative has been made aware of the potential for such damages. 

(iv) any other interactions with Prune, regardless of the cause and regardless of the cause and the legal basis, including but not limited to contract, tort (including negligence), warranty, or otherwise, Prune's liability shall not exceed above the amount paid by You, if any, for using the portion of the Prune Service or the Prune Platform giving rise to the cause of action, or beyond or over Rs. 5,000, whichever is lower. You acknowledge and approve that Prune has provided its products and services, established its prices, and entered into this Agreement with the understanding that the warranty disclaimers and limitations of liability outlined herein are in effect. These provisions represent a reasonable and equitable distribution of risk between You and Prune.

 

Furthermore, these warranty disclaimers and limitations of liability form an essential foundation of the Agreement between You and Prune. With these constraints, Prune could only provide the services to You on an economically reasonable basis. Applicable law may not fully permit the limitation of liability for incidental or consequential damages; the restrictions mentioned above apply. or exclusions will be relevant to You to the extent allowed by applicable law. In such instances, Prune's liability will be limited to the utmost importance permitted by applicable law. This paragraph will remain in effect even after the termination of this Agreement.

Indemnification

 

You agree to indemnify, safeguard, and hold Prune, its affiliates, employees, officers, directors, and partners harmless from any and all claims, losses, damages, liabilities, costs, and expenses, including without limitation legal fees and expenses, that may arise out of or be related to

 (i) use or misuse of the Prune Services or of the Prune Platform; 

(ii) any breach by You of this Agreement; or 

(iii) any breach of the depictions, warranties, and covenants made by You herein. Prune holds the right, at Your expense, to assume the exclusive defence and handle any matter for which You are required to indemnify Prune, including rights to settle, and You agree to coordinate with Prune's defense and settlement of these claims. Prune will make reasonable efforts to inform You promptly of any claim, action, or proceeding initiated by a third party that falls under the indemnification mentioned above. This paragraph shall remain in effect even after the termination of the Agreement.

 

Prune is not responsible for problems that might be due to the proposed Service not being constantly available. Prune is providing no guarantee on the availability of the network service constantly.

 

You can always get in touch with us for any query or complaint; please write an e-mail to contact@prune.co.in.

 

3(H) Severability

If any provision of this Agreement is deemed unlawful, void, invalid, or unenforceable, such provision shall be restricted or removed to the minimum extent necessary. The other remaining provisions of the Agreement will remain valid and actionable.

3(I) 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 relationships prior to such termination or expiration.

3(J) Heading

The heading references herein are for convenience purposes only, and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

  1. Termination: Agreement Violation

You agree that Prune, in its sole discretion, for any or no reason, and without any penalty fee, may suspend or terminate Your account (or any part thereof) or remove Your use of the Prune Services/Prune Platform on the Prune Platform all or any part of Your account, user profile, or recipient profile. At its sole discretion, Prune may also discontinue providing access to the Prune Services or any part thereof, with or without any notice. You approve that any termination of Your access to the Prune Services/Prune Platform or any account You may have a portion thereof may be effected without prior notice, and You confirm that Prune will not be answerable to You or any third party for any such termination or disruption. Any alleged fraudulent, abusive, or unlawful activity may be transferred to desired law governing bodies. These remedies are in addition to any other remedies Prune may have at law or in equity. Upon termination for any reason, You agree to stop using the Prune Services/Prune Platform immediately.

 

4(A) Registration for Using Prune Platform:

The Customer should accept the General Terms and Conditions to use Prune services. The client provides directly or by the mediator of the service provider (Hotel, Travel firm) on the web browser under: https://www.Prune.co.in the required information: First and Last Name, Address (billing address), and E-mail address.

  1. Limitation of Liability & Damages

Under no circumstances will Prune, its operators, agents, licensors, partners, or suppliers be held accountable for any special, indirect, secondary, consequential, punitive, reliance, or exemplary damages. It encompasses but is not restricted to lost business opportunities, lost revenues,  loss of expected profits or any other financial or non-financial loss or damage of any kind whatsoever. These damages may arise out of or be related to

(i) this Agreement;(ii) the Prune Services or any similar platform/service; or (iii) Your utilization or inability to utilize the Prune Services, the Prune Platform (including any and all materials), or any other reference sites/app/platform/service, even if Prune or a Prune authorized representative has been made aware of the potential for such damages. Under no circumstances will Prune, its directors, employees, and other partners be liable to You for any damages, liabilities, losses, or causes of action resulting from or related to (i) this Agreement; (ii) th Prune Services, the Prune Platform or any other reference site/app/platform/service; or (iii) Your use or inability to use the Prune services, the Prune Platform (including any and all materials) or any other reference sites/app/platform/service; or (iv) any other interactions with Prune, regardless of the cause and regardless of the cause and the legal basis, including but not limited to contract, tort (including negligence), warranty, or otherwise, Prune's liability shall not exceed above the amount paid by You, if any, for using the portion of the Prune Service or the Prune Platform giving rise to the cause of action, or beyond or in excess of Rs. 5,000, whichever is lower. You acknowledge and approve that Prune has provided its products and services, established its prices, and entered into this Agreement with the understanding that the warranty disclaimers and limitations of liability outlined herein are in effect. These provisions represent a reasonable and equitable distribution of risk between You and Prune.

Furthermore, these warranty disclaimers and limitations of liability form an essential foundation of the Agreement between You and Prune. With these constraints, Prune could only provide the services to You on an economically reasonable basis. Applicable law may not fully permit the limitation of liability for incidental or consequential damages; the restrictions mentioned above apply. or exclusions will be relevant to You to the extent allowed by applicable law. In such instances, Prune's liability will be limited to the utmost importance permitted by applicable law. This paragraph will remain in effect even after the termination of this Agreement.

Indemnification

You agree to indemnify, safeguard, and hold Prune, its affiliates, employees, officers, directors, and partners harmless from any and all claims, losses, damages, liabilities, costs, and expenses, including without limitation legal fees and expenses, that may arise out of or be related to (i) use or misuse of the Prune Services or of the Prune Platform; (ii) any breach by You of this Agreement; or (iii) any breach of the depictions, warranties, and covenants made by You herein. Prune holds the right, at Your expense, to assume the exclusive defence and handle any matter for which You are required to indemnify Prune, including rights to settle, and You agree to coordinate with Prune's defence and settlement of these claims. Prune will make reasonable efforts to inform You promptly of any claim, action, or proceeding initiated by a third party that falls under the indemnification mentioned above. This paragraph shall remain in effect even after the termination of the Agreement.

  1. Modification of this Agreement

Prune reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting a notification on the Prune Platform or otherwise communicating the information to You. The changes will become effective and shall be considered accepted by You 24 hours after the initial posting. These changes will apply immediately on a going-forward basis concerning Your use of the Prune Platform, availing the Prune Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to discontinue Your use of the Prune Services/Prune Platform. For specific changes, Prune may be required under applicable law to give You advance notice, and Prune will comply with such requirements. Your continued use of the Prune Platform following the posting of changes will mean that You accept and agree to the changes.

Notice

Prune may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Prune Platform or by any other reasonable means. Unless otherwise set forth herein, notice to Prune must be sent by courier or registered mail to Prune Digital Consumer Solutions Pvt. Ltd., C-146, Sector-4, Noida, Uttar Pradesh 201301, India. Waiver

  1. Dispute Resolution 

If any conflict, controversy or claim arises under this Agreement or concerning any Prune Service or the Prune Platform, including any question regarding the existence, validity, or termination of this Agreement or T&Cs (hereinafter referred to as "Dispute"), both parties shall make all reasonable efforts to resolve such Dispute amicably. If the parties cannot come to a friendly resolution within 30 days of the notice of such Dispute, Prune may choose to resolve any Dispute or claim by binding arbitration in respect to the regulations of the Indian Arbitration & Conciliation Act, 1996 (hereinafter). Such Dispute shall be arbitrated individually 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 New Delhi, and the language of this arbitration shall be English. Either You or Prune may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or Prune (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration will be confidential, and neither You nor Prune may reveal the existence, content or outcome of any arbitration except as may be required by law or to enforce the arbitration award. You and Prune will share all administrative fees and expenses of arbitration equally. Each party will bear the cost of its lawyers and preparation in all arbitrations. This paragraph shall survive termination of the.

  1. Governing law and forum of Dispute

Subject to the Dispute Resolution section above, You agree that a court must settle any claim or conflict You may have against Prune under its jurisdiction in New Delhi, India. You approve to submit to the personal authority of the New Delhi, India courts to litigate such conflicts and claims. This Agreement shall be governed under Indian law. This paragraph shall endure the termination of this Agreement.

  1. Disclaimer No warranties

To the fullest extent permiss under the pursuant to applicable law, Prune and its third-party partners expressly disclaim all warranties or guarantees – whether 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 Prune or through the Prune Services or the Prune Platform will create any warranty or guarantee other than those expressly stated herein. With this Disclaimer, You expressly acknowledge that as used in this section, the term "Prune" includes Prune's officers, directors, and employees. You acknowledge that Prune is a reseller of mobile recharges, Mobile Connections and is not liable for any third party (Prune companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such Prune companies' subscribers or otherwise. You expressly agree that using the Prune Services on the Prune Platform is at Your sole risk.

You are solely responsible for evaluating the reliability and authenticity of all the suggestions, views, services, merchandise, and other necessary information provided through the site or on the Internet. Prune does not warrant that the Prune Services will be uninterruptible or error-free or that defects in the site will be corrected. The Prune Services and the Prune Platform 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, whether express or implied. Prune and its partners do not warrant that the data, Prune software, functions, or any other information offered on or through the Prune Services/Prune Platform or any reference sites/platforms/apps/services will be unhindered or free of errors, viruses, or other harmful components, and we do not provide any warranty that any of the preceding will be corrected. Prune and its suppliers and partners do not warrant or make any presentations regarding the use or the results of using the Prune Services/Prune Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain insights, materials, or data through the Prune Services/Prune Platform or any reference sites/platforms/apps/services at Your decision and risk and that You will be solely accountable for any damage to Your property (including Your computer system and mobile device or automated device equipment) 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 Prune 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 Prune Platform.

  1. Ownership: Proprietary Rights

Prune exclusively owns and operates Prune Services and the Prune Platform. The visual interactions, graphics, design, compilation, information, computer codes (including source code and object code), products, software, services, and all related elements of the Prune Services and the Prune Platform provided by Prune (hereafter referred to as "Materials") are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, as well as applicable laws. As between You and Prune, all materials, trademarks, copyright patents, and trade names on the Prune Platform belong to Prune and are its property. You approve not to remove, obscure, or change any copyright, patent, trademark, or other proprietary rights notices of Prune or any third party attached to, incorporated within, or accessed in conjunction with or through the. Prune Services/Prune Platform. Unless expressly authorized by Prune, 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. Prune reserves all rights not expressly granted in this Agreement. If You have comments regarding the Prune Services and/or the Prune Platform or ideas on improving it, don't hesitate to reach out to customer support. Please note that by doing so, You hereby irrevocably assign to Prune, and shall assign to Prune, all rights, titles and interests 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 necessary to perfect the foregoing rights.

  1. Digital Services

Prune offers on the Prune Platform certain digital products, such as the purchase of Mobile Connections from all across the world, Travel experiences, tickets to amusement or theme parks, coupon redemption services and other services. Further, Prune may facilitate its Platform services from related entities, such as purchasing prepaid Connections/recharge for mobile, DTH, toll and data cards or other services.

The terms and conditions concerning digital products and bill payments set out below apply to and are binding on You in conjunction with these SSOID terms and conditions.

The terms 'Agreement' or 'T&Cs' mentioned below include the terms and conditions concerning Prune Services, digital products set out below, bill payments, and other service-specific terms and conditions concerning Prune Services or Prune Platform.

For various facilities and technology features provided on the Prune Platform, you will be charged a convenience fee by Prune or its related entities providing respective services. E.g. for adding money to a wallet using the Prune Platform, the following charges will be imposed by the online payment aggregator, viz., the payment gateways Prune partners with:

Charges: Convenience fee for Adding money to Prune Wallet

Prune Service

Charges

Loading money using Prune Add money to your Wallet via any mode except Credit and Prepaid Card

NIL

all transactions of loading money into the Wallet using a credit card or prepaid card

shall be charged up to 4% (inc. of GST) of the total amount loaded

Also, all transactions of loading money into the Wallet using an American Express credit card or corporate prepaid card

Up to 3% (inc. of GST) of the amount loaded will be charged.

  1. Refund Process/ Return process

For initiating a refund, contact Prune's support team via the Contact Us page or message support@prune.co.in. Please note that our refund policy stated above will apply.

Depending on the type of the issue, Customers will be asked and willing to provide detailed information to support their refund requests, including but not limited to screenshots of the device settings for technical problems or information as to why the said invoiced amount is incorrect and, if possible, what according to the Customer is the due amount & other similar services.

Please refer to section 13.1.2 in this document for refunds related to technical issues.

Customers can credit back via their original payment method or as Air money issued to their account.

Refunds to the original method: Once a refund is approved and issued, the processing time for it to appear on a statement may vary and can take up to thirty (30) business days, depending on the bank and its policies.

Air money credit: Air money will be credited immediately to the Customer's account.

Return Process

Our commitment is to uphold transparency and fairness throughout the return process, ensuring customer satisfaction remains our top priority.

 

  1. Delivery

Upon completion of the order and completion of KYC, the Customer will directly get access to the acquired eSIM under the "My eSIMs" tab on the Prune website https://www.Prune.co.in and/or the Prune app. After the purchase, the Customer will get a confirmation e-mail and SMS (for customers with India Mobile No.). All the necessary information for installing the eSIM will be available only on the user's Prune account.

REFUND / CANCELLATION / MODIFICATION POLICY

The Customer can request a refund or eSIM replacement if the eSIM purchased from Prune cannot be installed and used due to a technical problem from Prune.

13.1. REFUNDS AND CANCELLATION

13.1.1. POLICIES AND GUIDELINES

13.1.2. A Customer can request for refund for eSIM can be made up thirty (30) days from the date the eSIM is purchased when the Activation is no longer possible following extensive collaborative troubleshooting.

13.1.3. Cooperation with the Customer to fix the problem promptly is required for a refund to be granted

13.1.4. Each data package has its validity period. No refund whatsoever will be offered for the remaining data after the validity period expires.

13.1.5. Compensation: No refund or remuneration will be issued due to charges incurred from alternate phones or mobile phones, alternate e-SIM/SIM cards, alternate providers, hotel phones, or other expenses not directly linked to the Customer's Prune eSIM account.

  1. Charges for Use

14.1. Prune states that all Activation Charges are inclusive of GST.

14.2. The Customer may not offset any of its claims against claims Prune, except in cases where the Customer's claims are undisputed or have been confirmed by a final court judgment

  1. Cancellation of fixed-rate orders

 

For fixed-rate orders, we provide users of the Website with the option to lock as they are live and accessible online.

This Fixed Rate means that you will receive the same you see on the Website, as frozen by you during the booking process, and will only remain applicable if the desired transaction is carried out within two working days of your order confirmation.

Fixed-rate orders can be secured by paying a fully refundable rate guarantee non-adjustable deposit of 2% of the reserved transaction value or by making full payment upfront via the BMF website while placing the order or after placing the no-obligation order. The advance may be paid by a credit or debit card or net banking, using our secured payment gateway, or by NEFT / RTGS.

Fixed-rate transactions require us to solidify your booked order, which means you confirm a fixed-rate order value; we place back-to-back orders to freeze rates for you with our trusted channel partners; we cannot cancel such an order. However, if such an order is deemed irregular due to reasons including but not limited to non-compliance with the applicable laws, rules, regulations, notifications, ordinances or by-laws, non-availability of documents required as per RBI / FEMA regulations or the Anti-Money laundering Guidelines of the RBI, the transaction will be automatically cancelled either by our channel partner or us. The non-adjustable deposit payment, capped at a maximum of 2% of the transaction value, will..., made by you to us shall be forfeited, with or without any further notice whatsoever. In case of cancelling an order where the Customer has made full payment, an amount not exceeding 2% of the order value will be subtracted, and the remaining amount shall be refunded (Under any circumstance, we will not refund the Convenience Fee of Payments)

At this moment, we notify you Any cancellation of fixed rate orders by you, whether on your booked fixed rate orders, due to regulatory requirements, or under any circumstances, will result in cancellation charges imposed by our channel partners, in addition to potential currency swaps. Furthermore, the fixed rate deposits, as mentioned hereinabove, may be forfeited with or without any prior notice to you.

Furthermore, the issuance of products is subject to your eligibility by the applicable laws, rules, regulations, bylaws, ordinances, and notifications, as well as the verification of the documents submitted by you to our channel partners. Our channel partners retain the right to refuse the fulfill orders for non-compliance or suspicious transactions as required under the RBI / FEMA guidelines or Anti-Money Laundering Guidelines of the RBI. We clarify that we shall not be responsible or be held liable for any damage or injury caused; you may directly contact the channel partner for any clarifications or concerns.

BMF will deduct or forfeit 2% of the order total from the paid amount, even in the following other cases where BMF is unable to execute the orders within two working days after the placement of the order

Trip postponed/preponed

Any mandatory document isn't received

Already have an existing card from the bank, which is being issued by/via PruneApp/ Prune.co.in

The actual traveller isn't available at the time of the actual transaction

Forged or expired documents received

Enough balance on the card or currency notes must be available in encashment or unloading card orders.

The wrong product was selected while booking the order.

Any incorrect/inaccurate information provided to Prune App/ Prune website or its employees which led to postponement or cancellation of the order.

 

  1. Tour Booking and travel-related products

All bookings for travel experiences listed on the portal are a listing of third-party vendors and are not private bookings by Prune; any alterations, modifications, revisions, and cancellations are specific to that particular booking and its conditions; please go through the requirements before booking. Once Prune completes the tour booking from its end, it can only be altered by the third-party vendor at its discretion, subject to the conditions it had levied on such bookings at the time of bookings. After booking on the Prune Platform, the tour or travel arrangement of the said booking shall be a personal contract between the tour or travel operator or third-party vendor and the user, as the case may be, and you are, as a result of this, notified that the same shall not in any way be the responsibility or duty of Prune.

All cancellations of any travel or tour booking made on the Prune portal qua tours and travels shall be conducted by the Third-party vendor making the listing.

  1. Entire Agreement

This Agreement is the entire Agreement between You and Prune relating to the subject matter hereof, and this Agreement will not be modified except by a change to this Agreement made by Prune following the terms of this Agreement.

Bill Payments and Digital Products Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Prune website located at Prune.co.in and all associated sites linked to Prune.co.in or the Prune mobile application or any similar platform (hereinafter collectively, the Prune Platform) run by Prune Digital Consumer Solution Private Limited, having its registered office at C-146, DLF Capital Greens, Shivaji Marg, New Delhi – 110015 and headquartered at B-6, Sector-4, Noida – 201301 (hereinafter or Prune) on any device and/or before availing any Mobile Connection, travel, recharge or bill payment or digital products related services offered by Prune on the Prune Platform (hereinafter, individually Prune Digital Service and collectively, the Prune Digital Services).

 

 

(Updated on 06/02/2024)