TERMS AND CONDITIONS OF USE
ADJ Utility Apps Private Limited (the “Company”) operates a web/mobile
application, “Pagarkhata App” (the “App”)
available on Google Play Store, iOS and other similar platforms and also operates a website https://pagarkhata.app/ (the “Website”) .
The App and the Website shall be together referred to as the “Platform”. These
terms and conditions (“Terms”) govern the use of or access to the Platform and
the Services (as defined below).
These Terms constitute a binding and enforceable legal contract between the Company and a User (as
defined below) or any end user of the Services (collectively, “you”).
You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to
these Terms, (b) are 18 (eighteen) years of age or older, and (c) are an Indian resident. If you represent
an entity, organization, or any other legal person, you confirm and represent that you have the necessary
power and authority to bind such entity, organization, or legal person to these Terms.
supplementary terms, policies, or disclaimers made available or issued by us from time to time. By
continuing to access or use the Platform, or any Service on the Platform, you signify your acceptance of the
Terms. Further, you understand that the Platform is intended for the use of Indian residents only and by
your continuing access and/use of the Platform shall be construed as a deemed declaration that you are an
The Company reserves the right to make changes to these Terms by posting the new/updated version and your
continued use and/or non-deletion of the Platform shall indicate your agreement to such changes.
Accordingly, we encourage you to kindly continue to review the Terms whenever accessing or using the
Platform so as to be abreast with the changes that we may be carrying out to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you
comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the
requirements herein, please do not access the Platform or use the Services.
The Platform (i) provides an online staff/salary management wherein the users
(“Users”), can record their staff salary or attendance with their respective
staff and (ii) also allows Users to make staff salary payment (collectively,
“Services”). For the purposes of this clause, Services would include any other
future services the Company provides/proposes to provide.
- To avail the Services, a User would be required to create a profile/sign-up on the Platform
(“Profile”) using his/her email ID and phone number among other details. In
addition to setting up a username and password to create the Profile, the User will be required to furnish
certain details, including but not limited to phone numbers and details of its customers and businesses.
The User warrants that all information furnished in connection with its Profile is and shall remain
accurate and true in all respects. The User further agrees and undertakes to promptly update its details
on the Platform in the event of any change or modification of such details.
- The User is solely responsible for maintaining the security and confidentiality of its username and
password and agrees to immediately notify the Company in writing at firstname.lastname@example.org of
any disclosure or unauthorized use of its Profile or any other breach of security with respect to its
- The User expressly agrees to be liable and accountable for all activities that take place through its
Profile in furtherance of the use of Service or otherwise. The Company expressly excludes any liability
for any unauthorized access to a User’s Profile.
- The User agrees to receive communications from the Company regarding: (i) information relating to
transactions recorded on the Platform; (ii) requests for payment; (iii) information about the Company and
the Services; (iv) promotional offers and services from the Company and its third party partners, and (v)
any other matter in relation to the Services.
- KNOW YOUR CUSTOMER POLICY
- The Company may require Users to upload certain information and documents that may be necessary to
ascertain their eligibility to use certain features of the Services including but not limited to their
identification documents (“KYC Documents”).
- The User hereby authorizes the Company and any third-party service provider it may engage with or
interact with in connection with using the Platform to process KYC Documents and ascertain the
User’s eligibility. Any processing undertaken by the Company shall be in accordance with its Privacy
Policy and these Terms. It is hereby clarified that as far as the permission of the KYC Documents by a
party service provider.
- The User agrees that it may be required to submit additional documents as and when required by the
Company or any of its third party service providers and if, in such an event, any additional information,
data, or documentation is required (collectively, “Top-Up Documents”), the
User hereby agrees to share such Top-Up Documents promptly upon request, and further, authorizes the
Company to process such Top-Up Documents.
- The User agrees and warrants to provide valid, true, complete, and up-to-date KYC Documents and Top-Up
Documents. The User further acknowledges that any incorrect or misleading information provided shall
constitute a material breach of these Terms, and the User’s access to certain features of the
Services may be limited or denied in such event.
- The list of the KYC Documents and Top-Up Documents may be provided to the User at the time of creating
the Profile/signing-up or at a later stage.
- The Services may include services, content, documents, and information owned by, licensed to, or
otherwise made available by a third party (“Third Party Services”) or contain
links to Third Party Services. Users understand that Third Party Services are the responsibility of the
third party that created or provided it and acknowledge that use of such Third-Party Services is solely at
their own risk.
- The Company makes no representations and hereby expressly excludes all warranties and liabilities
arising out of or pertaining to such Third-Party Services, including their accuracy or completeness.
Further, all intellectual property rights in and to Third Party Services are the property of the
respective third parties.
- The Company enables payments via payment service providers (“PSP”) partners
and the User should take care not to share his personal UPI pin or OTP with any third party intentionally
or unintentionally. The Company never solicits information such as UPI pin or OTP over a call or
otherwise. The Company shall not be liable for any fraud due to the sharing of such details by the User.
The providers providing Third Party Services / PSP partners shall not be liable for any fraud due to
sharing of such details by the User. If any of such fraudulent transactions occur and where the User
shares his debit/credit card or UPI information, the Company may share relevant information of such
transaction if the victim approaches the Company via proper channels including customer support number and
- The User hereby represents and warrants that all information that is provided by the User through or in
relation to the Services is valid, complete, true, and correct on the date of agreeing to these Terms and
shall continue to be valid, complete, true, and correct throughout the duration of the User’s use of
the Platform. The Company does not accept any responsibility or liability for any loss or damage the User
may suffer or incur if any information, documentation, material, or data provided to avail the Services is
incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
- The User shall be solely responsible for ensuring compliance with applicable laws and shall be solely
liable for any liability that may arise due to a breach of its obligations in this regard.
- The User shall extend all cooperation to the Company in its defending of any proceedings that may be
initiated against it due to a breach of the User’s obligations or covenants under these Terms.
- While the Company uses commercially reasonable efforts to provide Users with a daily backup of their
Transaction Information, Users should regularly and independently save, backup, and archive such
- The User shall not use the Services in any manner except as expressly permitted in these Terms. Without
limiting the generality of the preceding sentence, the User may not:
- Infringe either directly or indirectly any third-party proprietary rights, including but not limited
copyrights, patents, trademarks, or trade secrets, of any party;
- except as may be provided hereunder, use in any manner including copying, displaying, distributing,
modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative
works from, or license the Services;
- use the Services to transmit any data or send or upload any material that contains viruses, trojan
horses or any other harmful programmes or similar computer code designed to adversely affect the
of any computer software or hardware;
- use any robot, spider, other automated device, or manual process to monitor or copy the Platform or
Services or any portion thereof;
- use the Services in furtherance of / to engage in any activity which may be grossly harmful,
blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully
including but not limited to "indecent representation of women" within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
- engage in the systematic retrieval of content from the Platform or Services to create or compile,
directly or indirectly, a collection, compilation, database or directory; or
- violate applicable laws in any manner.
- Users who are expected to conduct proper research to ensure that the goods and services they send
payment links for are in compliance with all applicable laws and we encourage users to cross-check before
generating payment link for prohibited content may result in the suspension or removal of user’s
- The User shall not use the Services for / in furtherance of any sale or supply of prohibited products or
services including but not limited to:
- sale of regulated goods;
- sale of counterfeit, replicas and pirated goods and goods infringing any intellectual property rights
including pirated recordings or copies of unauthorized copyrighted materials whether in electronic or
physical form or any other medium which may not be in existence at present;
- sale of tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related
- sale of liquor or any narcotic drugs and psychotropic substances;
- sale / supply of any good or service which may not be in public interest;
- gambling or other prohibited activities; and
- sale / supply of good or service which results in non-compliance of any applicable law.
- The User shall be solely responsible for compliance with all the applicable laws including without
limitation the Prevention of Money Laundering Act, 2002 and the rules made thereunder. The Company shall
not be responsible for any claims or liability or losses that may arise due to non-compliance of the
anti-money laundering laws in India.
- All rights, title, and interest in and to the Platform and Services, including all intellectual property
rights arising out of the Platform and Services, are owned by or otherwise lawfully licensed by the
Company. Subject to compliance with these Terms, the Company grants the User a non-exclusive,
non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Platform and
Services in accordance with these Terms and its written instructions issued from time to time.
- The User should assume that everything the User sees or reads on the Platform is protected under the
Indian Copyright Act, 1957 and other intellectual property laws of India and may not be used except with
the prior written permission of the Company.
- The Company may freely use, copy, disclose, publish, display, distribute without any payment of royalty,
acknowledgement, prior consent, or any other form of restriction arising out of the User’s
intellectual property rights.
- Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in
or license to the Company’s or any third party’s intellectual rights.
- The contents of this Platform, including but not limited to the text and images herein and their
arrangements, unless otherwise noted, are copyright-protected in the whole and every part of this Platform
and the same belongs to the Company and may not be used, sold, licensed, copied or reproduced in whole or
in part in any manner or form or in or on any media to any person without the prior written consent of the
- These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
- The Company may terminate a User’s access to or use of the Services, or any portion thereof,
immediately and at any point, at its sole discretion, if the User violates or breaches any of its
obligations, responsibilities, or covenants under these Terms.
- Upon termination these Terms shall terminate, except for those clauses that expressly or are intended to
survive termination or expiry.
- Notwithstanding anything to the contrary contained in the Terms, upon termination of a User’s
access to or use of the Services, all amounts or outstanding monies due by you in relation to your use of
or access to the Services shall become immediately payable.
- DISCLAIMERS AND WARRANTIES
- The use of the Services is at your sole risk.
- You acknowledge and agree that the Company is not engaged in the provision, grant, or disbursement of
any financial product. The Company is not and will not be responsible for any claim or for any damages
suffered, whether by the Users, the customers of the Users or any other person or party, that are related,
directly or indirectly, to or arise out of the same including any payments made by the User or by the
customers of the User using the payment link generated using the Platform. The User further agrees and
undertakes to retain proof of sale documentation (in electronic or physical form) in connection with each
payment link it generates or sends to customers.
- To the extent permitted by applicable law, the Services are provided on an “as is” and
“as available” basis. The Company does not warrant that operation of the Services will be
uninterrupted or error free or that the functions contained in the Services will meet your requirements.
- To the fullest extent permissible under applicable law, the Company expressly disclaims all warranties
of any kind, express or implied, arising out of the Services, including warranties of merchantability,
fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement,
compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of
performance, course of dealing, or usage of trade.
- You hereby accept full responsibility for any consequences that may arise from your use of the Services,
and expressly agree and acknowledge that the Company shall have absolutely no liability with respect to
- To the fullest extent permissible by law, the Company, its affiliates, and its related parties each
disclaim all liability to you for any loss or damage arising out of or due to:
- your use of, inability to use, or availability or unavailability of the Services, including any Third
- the occurrence or existence of any defect, interruption, or delays in the operation or transmission of
information to, from, or through the Services, communications failure, theft, destruction or
access to the Company’s records, programmes, services, server, or other infrastructure relating to
the Services; or
- the failure of the Services to remain operational for any period of time.
- Notwithstanding anything to the contrary contained herein, neither the Company nor any of its affiliates
or related parties shall have any liability to you or any third party for any indirect, incidental,
special or consequential damages or any loss of revenue or profits arising under, directly or indirectly,
or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by
law, you agree to waive, release, discharge, and hold harmless the Company, its affiliated and subsidiary
companies, its parent companies, and each of their directors, officers, employees, and agents, from any
and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
- Khatabook currently is not a payment aggregator or payment gateway-it is enabling payments for its users
via third-party payments service providers. Any charges levied by Khatabook for usage are service charges.
In case you need an invoice for the charges levied please email to email@example.com
You shall indemnify, defend at the Company’s option, and hold the Company, its parent companies,
subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees,
directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial
proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages,
liabilities, settlements, costs and attorneys’ fees) due to or arising out of your access to the
Services, use of the Services, violation of these Terms or any infringement by any third party who may use
your account with the Company, of these Terms.
- You agree that the Company and any third-party service providers it engages, may, in accordance with its
- The Company may use information and data pertaining to your use of the Services for analytics,
trends’ identification, and purposes of statistics to further enhance the effectiveness and
efficiency of the Platform.
- Subject to applicable laws, the Company may be directed by law enforcement agencies or the government
and related bodies to disclose data in relation to Users in connection with criminal proceedings. You
understand and agree that in such instances, the Company shall have the right to share such data with
relevant agencies or bodies.
You shall maintain the records of all payment transactions on the Platform independently of the Platform
(by way physical copies et cetera) and the Company reserves the right to seek copies of such records for
their own use including record keeping.
The Company reserves the right to charge convenience fee for the Services and non-payment may result in
denial of Services.
The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the
Services (or any part thereof) with or without cause. The Company shall not be liable for any such addition,
modification, suspension or discontinuation of the Services.
- JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject
to other provisions in this Clause, courts in Bangalore shall have exclusive jurisdiction over all issues
arising out of these Terms or the use of the Services.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by
arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in
force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one)
arbitrator appointed by the Company. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any person,
other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the
arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
- Modification – The Company reserves the right at any time to modify these Terms and to add new or
additional terms or conditions on use of the Services. Such modifications and additional terms and
conditions will be communicated to you and, unless expressly rejected (in which these Terms shall
terminate), will be effective immediately and will be incorporated into these Terms. In the event you
refuse to accept such changes, these Terms will terminate.
- Severability - If any provision of these Terms is determined by any court or other competent authority
to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any
unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part
will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would
contradict the clear intention of the clause, in which case the entirety of the relevant provision will be
deemed to be deleted).
- Assignment - You shall not license, sell, transfer or assign your rights, obligations, or covenants
under these Terms in any manner without the Company’s prior written consent. The Company may grant
or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. The
Company may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any
successor in interest of any business associated with the Services without any prior notice to you.
- Notices - All notices, requests, demands, and determinations for the Company under these Terms (other
than routine operational communications) shall be sent to firstname.lastname@example.org
- Third Party Rights - No third party shall have any rights to enforce any terms contained herein.
- Translations –The Company may provide you with translated versions of these Terms solely to assist
you with understanding these Terms in greater detail. The English version of these Terms shall be
controlling in all respects. In the event of any inconsistency between the English version of these Terms
and any translated version, the terms of the English version shall prevail.
- UPI Transactions cannot be cancelled after initiating the transaction. If the User has entered the wrong
number/VPA ID, then the Company is not a liable party in the transaction.
- All UPI transactions are real-time and if there is any delay in the end of the transaction then the User
can check with support team of Pagarkhata at email@example.com after 30 mins cool period.
- If the User has any issues related to transactions linked with Debit/Credit card, then the User must
report the same to the Company’s call center 9606-800-800 or Via mail firstname.lastname@example.org
- The Company will respond and try to resolve the issue in the given escalation matrix as per the
Company’s internal processes and policies.
- All refunds will be processed by following the validation of the transaction from case to case basis in
the given legal framework.
- Escalation matrix remains the same for the Refunds/Cancellation for all the transactions.
- The Company allows the Users to export the PDF from its account which the User can share with its
customer as a statement/reminder for collections.