LAST UPDATED: [July]
This developer distribution agreement (“Agreement”) constitutes a binding and enforceable legal contract
Instamojo from time to time (“Additional Terms”).
By availing the Services, You confirm that You have read, understood, and agree to be
bound by this Agreement as amended from time to time, and that You comply with the requirements listed herein. If
You do not agree to all of the terms of this Agreement or Additional Terms or comply with the requirements herein,
You are not permitted to utilise the Services.
- “Account” shall have the
meaning ascribed to it in Paragraph 3.1.
- “App” shall mean the
software application that You develop and make available to end uses for download, through the Appstore.
- “App Information” shall
mean any information You provide Instamojo about Your Content or App, including App name, description, icon,
image, logo, and other descriptive or identifying information and materials associated with You or Your
- “App Testing Services”
shall have the meaning ascribed to it in Paragraph 7.9.
- “Commission” shall mean
a fixed percentage of the revenue generated by You that is payable to Instamojo. The fixed percentage shall be
mutually agreed upon by the parties in writing.
- “Confidential Information” shall have the meaning ascribed to it in Paragraph 16.1(a).
- “Content” shall mean,
all content, ads, services, technology, data and other digital materials included in or made available through
Your App, including but not limited to Your App Information.
- “EULA” shall have the
meaning ascribed to it in Paragraph 7.1.
- “In-App Purchases” shall
mean purchases that end users make within Your App after they have begun using Your App.
- “Payment Platform” shall
have the meaning ascribed to it in Paragraph 7.5.
- “Platform Fee” shall
mean a fixed percentage of every transaction made on the Payment Platform. The fixed percentage shall be
notified to You in writing and may change from time to time. Any revision made to the Platform Fee shall be
effective from the date such a revision is made.
- “Services” shall mean
Instamojo facilitating the upload of Your App on the Appstore in order to make it available to end users.
- “Similar Service” shall
mean any online service that makes digital products similar to those sold, distributed or promoted through the
Appstore available to end users using a mode of distribution similar to those used by the Appstore, including
any mobile or internet-based application marketing, sales and distribution service.
- “Submission Guidelines”
refers to the guidelines available at [App
Submission guidelines] that You need to comply with prior to submitting an App.
- “Takedown Policy” shall
have the meaning ascribed to it in Paragraph 11.1.
- “Term” shall have the
meaning ascribed to it in Paragraph 21.1.
- “Test App” shall have
the meaning ascribed to it in Paragraph 7.9.
- “Testers” shall have the
meaning ascribed to it in Paragraph 7.9.
- “You” or
“Your” shall refer to individuals who wish to upload
Apps to the Appstore.
- Reference to any statute or statutory provision shall include: (a) any previous
legislation or statute relating to that statute or statutory provision to the extent applicable under the
relevant Paragraph or Schedule; (b) any subordinate legislation, rules and regulations under the specific
statute or statutory provision framed from time to time; and (c) such statute or provision as may be amended,
modified, repealed, re-enacted, or consolidated.
- Any reference to writing includes typing, printing, lithography, photography, and
email but excludes any other form of electronic communication.
- Pronouns in masculine, feminine, and neutral genders shall be construed to include
any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless
the context otherwise requires.
- DEVELOPER ACCOUNT
- Account: In order to avail the Services and
upload Your App to the Appstore, You will be required to create a developer account (“Account”) by setting up a username and password which will be linked to
Your phone number and email address. You agree that You shall implement reasonable measures to secure access
- any device associated with the email address or phone number, linked to Your
Account with the Appstore;
- the username, password and other login or identifying credentials to access the
- Account Security: You are responsible for maintaining the
confidentiality of Your username and password, assigned during the Account registration process. You agree to
immediately notify Instamojo of any disclosure or unauthorised use of Your Account, or any other breach of
security with respect to Your Account. You are entirely responsible for maintaining the confidentiality of Your
user login details and password of Your Account and Your user profile details.
- Personal Information: All personal information shared on the
- Unauthorised Access: You are responsible for Your
Account’s activity on the Appstore. You agree that Instamojo shall not be responsible for unauthorised
access to or alteration of Your data, any App, material or data sent or received or not sent or received, or any
transactions entered into through Your Account.
- MOJO DEVELOPER PROGRAM APPSTORE
- Instamojo’s Appstore allows end users to purchase, download,
and access Apps that are developed by You and uploaded on the Appstore subject to Instamojo’s approval.
- SUBMISSION OF APPS
- App Details: In order to submit the App to the Appstore, You
have to enter the details of the App that Instamojo requires and comply with the Instamojo Submission
- Configuration of User Permission Requirements: On completion of submission as per the Paragraph above, You are required to configure all of the
end users’ permission requirements for the App.
- App Approval: Instamojo will evaluate Your App and intimate
You if it requires any further clarifications or details with respect to the App. On completion of the
evaluation, Instamojo will strive to either approve or reject Your App within 3 (Three) days from Your
completion of Paragraph 5.2. Such approval or rejection of Your App will be done at Instamojo’s sole
discretion and notified to You via Your registered email address and Your Account.
- GRANT OF RIGHTS
- Distribution: You grant Instamojo all rights to
distribute Your App on the Appstore.
- Promotional Activities: You grant Instamojo a non-exclusive,
irrevocable, royalty-free, worldwide right to use, reproduce, distribute, reformat, modify, create excerpts
from, promote, advertise, transmit, and publicly display and perform, in any and all digital and other formats
of the App, for promotional purposes.
- Additional Rights: You grant Instamojo additional rights
reasonably necessary to affect the intent of the grants of rights contained in this Agreement.
- Reservation of Rights: While You own rights in the App,
Instamojo retains all rights in the technology, content, intellectual property used in connection with the
- DISTRIBUTION TERMS
- EULA: You understand and agree that You must
compulsorily provide a sales contract or an end user license agreement (“EULA”) to all end users of the App. The end users’ use of the App
will be subject to the terms of the EULA prescribed by You.
- Such a EULA must compulsorily address and clarify the following aspects amongst
- that You are the licensor of the App;
- that Instamojo is not a party to the EULA;
- that Instamojo will not have any responsibility or liability related to compliance
or non-compliance by You or any end user under the EULA.
- Embedded Advertising: You shall ensure that any advertising
presented to the end users of Your App complies with all requirements of this Agreement. Such as:
- Your access to and use of information related to end users’ use of embedded
advertising must comply with Instamojo’s privacy requirements provided at [https://www.instamojo.com/privacy/];
- embedded advertising must comply with the terms of this Agreement at the time such
advertising is accessed by any end user;
- embedded advertising must not contain any ‘spyware’,
‘malware’ or harmful code and must not cause injury to any person or damage to any property;
- You shall not display advertising, marketing, or promotional messaging to end users
through the device notification bar or any other device-level notification system.
- Native Payments: You shall ensure that any
payments for using Your App (or for any In-App Purchase) that is downloaded from the Appstore are collected
exclusively and at all times using Instamojo’s proprietary payment solution (“Payment Platform”). For the avoidance of doubt, You shall not use
any payment system or in any manner provide payment options to any user other than the Payment Platform.
- Platform Fee: You shall be charged the Platform Fee for
every transaction made on the Payment Platform.
- Digital Rights Management (DRM):
- You may choose whether to enforce Instamojo’s DRM. If You decide not to
enforce DRM for an App, that means Instamojo’s systems will not restrict end users who have purchased the
App from downloading and/or making unlimited copies of the App.
- If You decide to enforce DRM for an App, that means You will allow end users who
have purchased the App to download unlimited free copies of the App only to devices that are authenticated to
their accounts or linked to their account maintained with Instamojo.
- You will not incorporate any DRM technologies into Apps, other than any DRM
technologies that only restrict end users’ access to media content distributed through an App (and not
access to, or use of, the App itself).
- Support to End Users: You will provide reasonable technical
and product support for Your App and Content as requested by end users. Your technical support will include
levels of availability, response times and technical skills that are at least equivalent to those for the
support You provide to end users of Similar Services. Notwithstanding the foregoing, at the least You will
respond to any support request that Instamojo identifies as critical within a minimum of 24 (Twenty Four) hours,
and in all other cases within 3 (Three) business days of request from an end user or Instamojo.
- App Quality Assurance: Your App must be put through a
reasonable quality assurance process with adequate testing performed to eliminate defects and to assure an
adequate level of quality before being submitted to Instamojo for review.
- App Information: You are responsible for providing accurate
App Information, and will not make any false, inaccurate, or misleading claims or statements regarding any
Content or otherwise mislead end users regarding any Content. If any App Information is inaccurate or needs to
be updated or modified, You will promptly provide us with corrections, updates, or modifications.
- You shall:
- Not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify,
sublicense, transfer, assign any content to any third party with respect to any App except as specifically
- Not attempt to, or assist, authorise or encourage others to circumvent, disable or
defeat any of the security features or components that protect, obfuscate or otherwise restrict access to the
Appstore or Your App;
- Not remove any watermarks, labels or other legal or proprietary notices included in
any content provided on the Appstore or App or attempt to modify any content obtained through the Appstore,
including any modification for the purpose of disguising or changing any indications of the ownership or source
- Ensure there is no device and network abuse;
- Not participate or undertake any malicious behaviour;
- Not indulge in deceptive, fraudulent, or any illegal activities;
- Not present any Inappropriate advertisements on the App;
- Not misrepresent Yourself or Your App to be someone or something that it is
- RESTRICTED CONTENT
- The following content shall not be present in Your App:
- Sexually Explicit Content: Your App shall not provide for
any sexually explicit content, including but not limited to:
- Any content that is violative of the Indian Penal Code, 1860, Indecent
Representation of Women (Prohibition) Act, 1986 or the Young Persons (Harmful Publication) Act, 1956.
- Depictions of sexual acts or sexually suggestive poses.
- Promotional images of sex toys.
- Content that depicts, describes, or encourages bestiality.
- Promotion of escort services or other services that may be interpreted as providing
sexual acts in exchange for compensation.
- Hate Speech: Your App shall not
promote violence or incite hatred against individuals or groups based on race or ethnic origin, religion,
disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other
characteristic that is associated with systemic discrimination or marginalisation.
- Violence: Your App shall not
depict or facilitate gratuitous violence or other dangerous activities. Including but not limited to:
- Graphic depictions or descriptions of realistic violence or violent threats to any
person or animal.
- Apps that promote self-harm, suicide, eating disorders, choking games or other acts
where serious injury or death may result.
- Sensitive Events: Your App shall
not lack reasonable sensitivity towards or capitalise on a natural disaster, atrocity,
conflict, death, or other tragic event. Such as:
- Lack sensitivity regarding the death of a real person or group of people due to
suicide, overdose, natural causes, etc.
- Deny a major tragic event.
- Appear to profit from a tragic event with no discernible benefit to the
- Dangerous Products:
- Your App shall not facilitate the sale of explosives,
firearms, ammunition, or certain firearms accessories.
- Restricted accessories include those that enable a firearm to simulate automatic
fire or convert a firearm to automatic and belts carrying more than 30 (Thirty) rounds.
- Your App shall not provide instructions for the
manufacture of explosives, firearms, ammunition, restricted firearm accessories, or other weapons.
- Your App shall not provide instructions on how to
convert a firearm into an automatic, or a simulated automatic.
- Bullying and Harassment: Your
App shall not contain or facilitate threats, harassment, or bullying. Such as:
- Bullying victims of international or religious conflicts.
- Content that seeks to exploit others, including extortion, blackmail, etc.
- Posting content in order to humiliate someone publicly.
- Harassing victims, or their friends and families, of a tragic event.
- Terrorist Content:
- Your App shall not be affiliated with any terrorist,
terrorist organisation or any related activities.
- Your App shall not have content related to terrorism,
content that promotes terrorist acts, incites violence, or celebrates terrorist attacks.
- If You post content related to terrorism for an educational, documentary,
scientific, or artistic purpose, You shall be mindful to provide enough information so users understand the
- INTELLECTUAL PROPERTY INFRINGEMENT
- Subject to the rights granted in this Agreement and Instamojo’s ownership of
the Appstore, as between You and Instamojo, You retain all rights, title and interest in and to Your Content and
App. Subject to Your rights in such Content and App, Instamojo retains all rights, titles and interests in and
to the Appstore and all other technology, content, information, services, trademarks and other intellectual
property used in connection with the Appstore. All goodwill associated with the use of a party’s (or its
affiliates’) brand features in connection with this Agreement will inure solely to the party owning such
brand features. Instamojo will be free to exercise all rights in any suggestions, ideas, or other feedback You
provide to Instamojo about the Appstore, without restriction and without compensating You.
- APP TAKEDOWNS
- If Instamojo believes any material made available on the Appstore
infringes third party intellectual property, is violative of any applicable laws, has obscene or indecent
material that may be harmful or derogatory in nature, Instamojo shall take down the App in accordance with its
takedown policy available at [_Takedown
- USER RATINGS AND REVIEWS
- Ratings: Instamojo may provide ratings for Apps. Such
ratings shall be based on the reviews, feedback and information
provided to Instamojo by third party and end users. Instamojo shall not take any responsibility for the accuracy
of such ratings.
- You must not attempt to manipulate the placement of any Apps in the Appstore. This
includes, but is not limited to, inflating App ratings, reviews, or install counts by illegitimate means such as
fraudulent or incentivised installs, reviews and ratings.
- Instamojo reserves the right to charge You a Commission on the revenue generated
through the services rendered by You to End Users. For the purpose of this Agreement, it is clarified that the
Platform Fee is deducted for every transaction on the Payment Platform, or per purchase of Your App and per
In-App Purchase on Your App.
- REPRESENTATION AND WARRANTIES
- You represent and warrant to Instamojo that:
- You are at least the legal age of majority and that You are able to form a legally
binding contract. If You are not an individual but an entity or business, then You, entering into this Agreement
represent that You have all necessary legal authority to bind Your company to this Agreement;
- You have the full right, power, and authority to enter into and fully perform this
- Before providing Instamojo or any end user with any App and Content, You have
obtained the rights necessary for the exercise of all rights granted under this Agreement, and You will be
solely responsible for and will pay any licensors or co-owners any royalties or other monies due, related to
- None of the following will violate any applicable law; require Instamojo to obtain
any license, authorisation, or other permission from any governmental agency or other third party; contain any
defamatory material; or violate or infringe any intellectual property, proprietary, or other rights of any
person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret,
common law rights, rights of publicity or privacy, or moral rights): (i) the exercise of any rights granted
under this Agreement; (ii) any of Your Content; or (iii) Your sale, distribution, or promotion of any
- Your Content and App will not contain any viruses, spyware, trojan horses, or other
malware or harmful code, and will not cause injury to any person or damage to any property;
- You will comply with the terms governing any open source software or other
intellectual property used in any of Your Content or App, including by providing all required attributions and
- Your Content may be imported into,
exported from, and lawfully used in India and Your Content is in full compliance with all applicable laws
governing use, including those applicable to software that incorporates or makes use of information security
technology, including but not limited to encryption technology;
- PRIVACY AND SECURITY OBLIGATIONS
- If You have access to any name, password, other login information, or personally
identifiable information or personal data of any end user based on any use of or interaction with Your App, You
will comply with the applicable privacy laws including but not limited to Information Technology (Reasonable
Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and:
- Obtain any necessary consent from the end user for the collection, use, transfer,
and storage of the information and ensure that such explicit consent includes consent for evaluation of the end
users’ data by Instamojo and the right to maintain records of such personal data;
- Use and authorise others to access and use the information only for the purposes
permitted by the end user;
- Ensure such information is stored within India; and
- Ensure the information is collected, used, transferred in accordance with applicable
- If You suspect or become aware of any security vulnerability related to Your App
that may adversely affect the Appstore or end users’ use of or access to the Appstore/App, then You will
immediately notify Instamojo and will take all appropriate steps to remedy such vulnerability, including
cooperating with Instamojo.
- You will:
- Protect and not disclose any information made available by Instamojo including but
not limited to End Users’ data, shipping data, email addresses or any contact information, software
specifications, software source code, inventions, designs, business records, user lists, project records, market
reports, information relating to processes, technologies or theory and all other information which may be
disclosed or You may be provided access to, or which is generated as a result of or in connection with this
Agreement (“Confidential Information”);
- Use Confidential Information only to fulfil Your obligations or exercise Your rights
under this Agreement; and
- Either destroy or return all Confidential Information to Instamojo promptly when the
Agreement terminates (and, upon request, confirm such destruction in writing).
- You agree that You shall indemnify, defend at Instamojo’s option, and hold
Instamojo, its parent companies, subsidiaries, affiliates, 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 Appstore,
use of the Appstore, or violation of these Terms, or due to any infringement of these Terms by You or any third
party using Your Account or any claim from end users with respect to Your App, or any third party claim for
infringement of intellectual property.
- YOU UNDERSTAND THAT INSTAMOJO MAY REMOVE THE APPSTORE AND YOUR APP FOR INDEFINITE PERIODS OF TIME, WITHDRAW THE APP
AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE APPSTORE WITHOUT ANY PRIOR NOTICE TO YOU.
- YOU UNDERSTAND THAT INSTAMOJO SHALL NOT BE HELD LIABLE WITH RESPECT TO ANY REFUNDS
FOR ANY SUSPENSION, RESTRICTED ACCESS TO OR DISCONTINUATION OF YOUR APP.
- YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE APPSTORE IS AT YOUR SOLE
RISK AND THAT IT IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY
- YOUR USE OF THE APPSTORE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE APPSTORE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
- INSTAMOJO DOES NOT REPRESENT OR GUARANTEE THAT THE APPSTORE AND SERVICES WILL BE
FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY
RELEASE INSTAMOJO FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM,
INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE APPSTORE.
- INSTAMOJO FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- INSTAMOJO HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO YOUR APP OR ANY CONTENT
OR FUNCTIONALITY IN THE APP. INSTAMOJO IS NOT RESPONSIBLE FOR ANY END USERS COMPLAINT WITH RESPECT TO YOUR APP.
- TO THE MAXIMUM EXTENT POSSIBLE UNDER THE APPLICABLE LAW, INSTAMOJO’S
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE
APPSTORE, SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO
YOUR USE OF THE APPSTORE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE APPSTORE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF THE APPSTORE, EVEN IF ADVISED OF ITS POSSIBILITY.
- LIMITATION OF LIABILITY
- Neither Instamojo nor its partners, affiliates or related parties shall be liable
for any incidental, special, or consequential damages or any loss of revenue or profits arising, whether
directly or indirectly, out of this Agreement. To the maximum extent permitted by law, You agree to waive,
release, discharge, and hold harmless Instamojo, its affiliates and related parties, 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.
- Notwithstanding anything to the contrary, the maximum aggregate liability of
Instamojo and its affiliates, for any loss shall not exceed INR 1000/- (Indian Rupees One Thousand).
- LIVE APP SERVICES
- Edit and Pause: You may edit and create interfaces on Your
existing App that is live on the Appstore, and hide the App or make it unavailable on the Appstore, at any time
during the Term: (a) on Your own will; (b) at Instamojo’s instructions; or (c) on users’
- Preview: You can view the details of Your App at any time
during the Term.
- Update: You shall ensure any updates, variation or new
versions of the App (or any patch, alteration or modification of the App made available to users via a Similar
Service), shall be made available on the Appstore at the same time and on the same terms at which it is made
available or distributed through a Similar Service.
- Delete: You may delete the App at any time from the Appstore
either at Your own will or upon Instamojo’s instructions.
- Subject to other provisions of the Agreement, the Agreement shall
commence on the date You accept the terms of this Agreement and shall be effective until Your App is available
on the Appstore (“Term”).
- TERMINATION; SUSPENSION OR WITHDRAWAL
- If You fail, or Instamojo suspects that You have failed, to comply with this
Agreement, Instamojo may, without notice to You either terminate or suspend Your access to the Appstore. In case
of such termination or suspension, Instamojo may immediately revoke or disable Your access to the Appstore
without notice to You.
- Instamojo may determine in its discretion to make any App available through the
Appstore. Instamojo may stop any transaction, or take other actions as needed to restrict access to or
availability of any Content/App that does not comply with this Agreement or that otherwise might adversely
affect end users.
- If Instamojo revokes or disables access to Your Account in accordance with the
Terms, You may be prevented from accessing the Appstore, Your Account or any files or other information that is
stored on Your Account.
- Any withdrawal of an App does not relieve You of the responsibility to ensure the
App complies with this Agreement or to perform other obligations under this Agreement that survive withdrawal,
suspension or termination.
- Subject to other terms of this Agreement, You may withdraw an App from further sale
through the Appstore as of a specified date by giving Instamojo notice.
- Instamojo will use commercially reasonable efforts to stop
distributing the App within 10 (Ten) business days after it receives such notice, and within 5 (Five) business
days after such receipt in connection with a withdrawal request which You have designated as necessary because
of an unexpected loss of (or third party claim related to) the rights required under this Agreement.
- You will immediately notify Instamojo if You unexpectedly lose any rights to Your
App or become aware of a third-party claim related to the rights to Your App.
- Any withdrawal by You will apply only to future end user purchases after the
withdrawal by Instamojo as per terms of the Paragraph 1.1(b) and not to purchases that have already occurred,
unless Instamojo otherwise determines in its discretion.
- MISCELLANEOUS PROVISIONS
- Modification: Instamojo reserves at any time to add or
modify the Appstore and Services with or without notice or cause. You agree and acknowledge that Instamojo shall
not be liable to You or to any third party for any such addition, modification, suspension or discontinuation of
the Appstore. Instamojo further reserves the right to amend these Terms at any time. These revisions shall be
effective from the date such revisions are made.
- Entire Agreement: This Agreement and the Additional Terms
constitutes the entire agreement between the Parties relating to this subject matter and supersedes all prior or
simultaneous representations, discussions, negotiations and agreements, whether written or oral.
- Severability: If any provision of this Agreement is or
becomes invalid, illegal or unenforceable, the provision shall be deemed to be modified to the extent necessary
to make it valid, legal and enforceable and the paragraph shall be read and interpreted in a manner that
achieves the intended commercial result of the original provision. Any such modification of a provision shall
not affect the validity, legality and enforceability of the rest of this Agreement.
- Waiver: Instamojo’s failure to enforce at any time or
for any period of time the provisions hereof in accordance with its terms shall not be construed to be a waiver
of such provisions or of its rights thereafter to enforce each and every
such provision. A waiver shall not be valid and effective unless the same is in
- Assignment: You shall not distribute, licence, sell,
transfer or assign Your rights or obligations hereunder to others in any manner without Instamojo’s prior
written consent. Instamojo may grant or withhold this consent in its sole discretion and subject to any
conditions Instamojo deems appropriate.
- Survival: Any provisions that explicitly or implicitly may
survive, shall survive the termination or expiry of this Agreement.
- GOVERNING LAW AND DISPUTE RESOLUTION
- This Agreement shall be governed by and construed in accordance with the laws of
India. Subject to Paragraph 24.2, the courts of Bangalore shall have exclusive jurisdiction in connection with
any disputes arising under this Agreement.
- Any controversies, conflicts, disputes and/or differences arising out
of this Agreement shall be resolved by arbitration in Bangalore in accordance with the Arbitration and
Conciliation Act, 1996 for the time being in force, the rules of which are deemed to be incorporated by
reference in this Paragraph. The tribunal shall consist of 1 (One) arbitrator mutually appointed by the parties.
The language of the arbitration shall be English.
- The parties shall keep the arbitration confidential and not disclose to any person,
other than those necessary to the proceedings, any information, transcripts or award 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
- If You have any questions, complaints, or claims with respect to this Agreement or
Appstore, You may contact Instamojo at firstname.lastname@example.org. All contact details are
available at instamojo.com/contact/.
© 2020 Instamojo.
All Rights Reserved.