TERMS AND CONDITIONS OF USE
ADJ Utility Apps Private Limited (the “Company”) operates a web/mobile application, “KhataBook
App” (the “App”) available on Google Play Store, iOS and other similar platforms and also
operates a website https://khatabook.com/ (the
“Website”) . The App and the Website shall
together referred to as the “Platform”.
terms and conditions (“Terms”) govern the
of or access to the Platform and the Services (as defined
These Terms constitute a binding and enforceable legal contract between the
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
have the necessary power and authority to bind such entity, organization, or legal person to these
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,
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 Indian
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
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
comply with the requirements herein, please do not access the Platform or use the Services.
The Platform (i) provides an online digital ledger book / record book wherein the
users (“Users”), can record their ledger
entries with their respective customers and (ii) also allows Users to generate a payment link which can be sent
their respective customers, and the customers could use the payment link and make the payment of the amount to
Users in settlement of their obligations towards the Users (collectively,
“Services”). For the purposes of this
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 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
The User further agrees and undertakes to promptly update its details on the Platform in the event of any
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 Profile.
- The User expressly agrees to be liable and
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
- The User agrees to receive communications from the
Company regarding: (i) information relating to transactions recorded on the Platform; (ii) requests for
(iii) information about the Company and the Services; (iv) promotional offers and services from the Company
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
- 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
of the KYC Documents by a third-party service provider is concerned, the same shall be governed by the privacy
policy of such third 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,
such an event, any additional information, data, or documentation is required (collectively,
“Top-Up Documents”), the User hereby
to share such Top-Up Documents promptly upon request, and further, authorizes the Company to process such
- 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
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
be provided to the User at the time of creating the Profile/signing-up or at a later stage.
- The Users may upload information relating to
transactions with their customers or relating to their businesses, including the sale of goods or services,
costs, amounts paid and payable, and details of goods and services, on the Platform (such information is
referred to as “Transaction Information”).
Transaction Information may be exchanged between the Users and their customers through telephonic calls, text
message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Users and
their customers provided on the Platform.
- At the time of creating or uploading the first
Transaction Information with respect to their customers, the User shall inform such customers of its use of
Platform to record such Transaction Information and Transaction Information related to future transactions and
seek such customer’s express consent in this regard and to:
- The creation of a profile of the customer on the
Platform, which will require sharing such customer’s phone number and contact details with the
- receive communications from the Company regarding:
information relating to their transactions recorded on the Platform; (B) requests for payment; (C) information
about the Company and the Services; (D) promotional offers and services from the Company and its third party
partners, and (E) any other matter in relation to the Services.
- If such customers fail to provide consent, or
consent, the User shall immediately cease to use the Services in relation to such customers.
- The User shall be solely responsible for obtaining
such consent from its customers and the Company shall assume that such consent as required under clause 4(b)
above is sought and received by the User if the User provides details of such Transaction Information
relating to any of such customers at any time during the use of the Platform.
- The Services may include services, content,
and information owned by, licensed to, or otherwise made available by a third party
Party Services”) or contain links to Third Party Services.
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
The Company never solicits information such as UPI pin or OTP over a call or otherwise. The Company shall not
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
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
or liability for any loss or damage the User may suffer or incur if any information, documentation, material,
data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails
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
to provide Users with a daily backup of their Transaction Information, Users should regularly and
save, backup, and archive such Transaction Information.
- 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 to 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
code designed to adversely affect the operation 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
any activity which may be grossly harmful, harassing, 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 harassing including but not limited to "indecent
representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act,
- engage in the systematic retrieval of content
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
encourage users to cross-check before generating payment link for prohibited content may result in the
suspension or removal of user’s account.
- 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
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 products;
- sale of liquor or any narcotic drugs and
- sale / supply of any good or service which may
be in public interest;
- gambling or other prohibited activities;
- sale / supply of good or service which results
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
due to non-compliance of the anti-money laundering laws in India.
- All rights, title, and interest in and to the
and Services, including all intellectual property rights arising out of the Platform and Services, are owned
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
the Platform and Services in accordance with these Terms and its written instructions issued from time to
- 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
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
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 Company.
- These Terms shall remain in effect unless terminated
in accordance with the terms hereunder.
- The Company may terminate a User’s access to
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
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
- 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)
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
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
shall have absolutely no liability with respect to the same.
- To the fullest extent permissible by law, the
its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out
or due to:
- your use of, inability to use, or availability
unavailability of the Services, including any Third Party Services;
- 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 unauthorized access to the Company’s records,
programmes, services, server, or other infrastructure relating to the Services; or
- the failure of the Services to remain
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
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.
the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless the Company,
affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees,
agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of
- 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,
proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages,
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
data and related information.
- The Company may use information and data pertaining
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
in connection with criminal proceedings. You understand and agree that in such instances, the Company shall
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
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
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
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
- Modification – The Company reserves the
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
these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or
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
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,
or parent companies, or to any successor in interest of any business associated with the Services without
prior notice to you.
- Notices - All notices, requests, demands, and
determinations for the Company under these Terms (other than routine operational communications) shall be
- Third Party Rights - No third party shall have any
rights to enforce any terms contained herein.
- Translations –The Company may provide you
translated versions of these Terms solely to assist you with understanding these Terms in greater detail.
English version of these Terms shall be controlling in all respects. In the event of any inconsistency
the English version of these Terms and any translated version, the terms of the English version shall
- 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
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 Khatabook at firstname.lastname@example.org after
mins cool period.
- If the User has any issues related to
linked with Debit/Credit card, then the User must report the same to the Company’s call
center 9606-800-800 or
Via mail email@example.com
- 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
its account which the User can share with its customer as a statement/reminder for collections.