Welcome to the Khyaal platform. We would urge you to read these terms of service ("Terms" / "Terms of Service") carefully, before you use our platform or any of its services (called as "Services"). This is important because these Terms are a legally binding document. They govern your use of our website and our mobile application called Khyaal (collectively, the"Platform") created by Taisho Ventures Private Limited, a company incorporated under the Companies Act, 2013, having registered office at 703, Star Hub Building No. 1, Behind ITC Grand Maratha Hotel, International Airport Road, Sahar, Andheri (E) Mumbai - 400059 ("Khyaal"). If you do not agree to these Terms, please refrain from using the Platform.
Please note that by use of the Platform and Services provided by Khyaal, you also agree to be bound by the additional terms and conditions and policies referenced herein and/or available by hyperlink, including without limitation Khyaal's Privacy Policy available at Privacy Policy, other policies of Khyaal. You shall also comply with the terms and conditions applicable for use of the Apple App Store / Google Play Store and/or any other platform where the Application is made available for download.
Please read these Terms of Use carefully before accessing or using the Platform and Services provided by Khyaal. By accessing or using any part of the Platform and Services provided by Khyaal, you agree to be bound by these Terms of Use. If you do not agree to all the Terms of Use, then you may not access the Platform or use any products, application or Services provided by Khyaal. These Terms of Use shall be read in conjunction with any specific terms of use or conditions for the use of the club services, which are provided below in these Terms.
The Platform is designed to provide senior citizens and their children or relatives with access to a variety of services and products, including but not limited to assistance, events, workshops, earning opportunities, secure payment/ transactions, games, entertainment, loyalty program/s, rewards, curated products, club services, offers and discounts.
On the Platform users can be one of the following:
2.1 Khyaal User: A Khyaal User can explore the Platform without requiring to sign-in. You will be able to explore the various features provided on the Platform. In order to use the features or to participate in any event, you must register and create a user account.
i. A Khyaal User without requiring to register or create a user account with the Platform can avail certain services after providing his/her basic information including but not limited to his/her name, date of birth, phone number and email address.
ii. Certain services on the Platform can be accessed even without requiring the user to provide his/her basic information including but not limited to the travel tour services.
2.2 Khyaal Club Member: A Khyaal Club Member along with exploring the Platform will be entitled to use various features of the Platform after registering and creating a user account with the Platform. In order to create a user account on the Platform, you will be required to provide basic information about yourself including but not limited to your name, date of birth, email id (not mandatory), mobile number, PAN, address etc. details of which are enlisted under the ("Privacy Policy"). Once the user account is created, you can avail any of the following services:
i. Club Service: The Club service is an exclusive feature provided by the Platform for Khyaal Club Members on payment of an annual subscription fee as communicated to you on the Platform from time to time. Some of these services are provided by Khyaal and some by third parties appointed by Khyaal. Payment for some of these services will be done directly to Khyaal and some will be made directly to third parties.
a. Assistance Service: A paid concierge service for assisting users with their routine tasks such as paying bills, getting blood tests, book tickets, healthcare, sending gifts and more. Khyaal will list these services, attend calls and take requests from the users for the specific services on their behalf. Some of the services are provided by Khyaal and others are provided by third parties listed on the Platform.
b. Events: There are various events/sessions/games/workshops organized on the Platform for users from time to time including but not limited to yoga, meditation, Tambola, sessions on art, singing, brain gym, sudoku, counselling etc. All these sessions can be availed by a Khyaal Club Member for free.
Khyaal Card: Khyaal has entered into a co-branding agreement with LivQuik Technology (India) Private Limited, a company incorporated and registered under the Companies Act, 1956 having its registered office at C-15,Sriram Nivas, 1st Floor, Secretariat Colony, Thiruvalluvar Nagar, Alandur, Chennai, Tamil Nadu, India - 600 016 ("LivQuik"). Pursuant to this co-branding agreement, LivQuik will issue the pre- paid payment instruments ("PPI(s)") which will be co-branded and marketed by Khyaal and offered to you through the Platform ("Khyaal Card").
Khyaal has also entered into agreement with M2P Solutions Private Limited, a company incorporated in India under the Companies Act 2013, having its registered office at MM Complex, Plot No. 30/10 and 29/12, Hopman Street, 100 Ft Main Road, Near Alandur Court, Alandur, Chennai 600016 ("M2P"). M2P will act as Technology service provider for Khyaal.
Khyaal Card enables a user to add money from their banking channels/payment platforms to the Khyaal Card for utilizing on the Platform as a prepaid card and also as an identity/access/membership card in certain cases. Khyaal card also enables users to view their passbook, make online and Point of Sale (POS) payments. Children of the senior users can add money to the Khyaal Card and view their passbook if the senior user consents and accepts the invite. There are minimum KYC users and full KYC users of a Khyaal Card, the details of which are provided in the terms and conditions of prepaid card available at Privacy Policy user can avail this Khyaal Card for free.
c. Rewards: The Company has introduced rewards to users in the form of coins/loyalty points which a user can earn based on usage and transactions completed through the Khyaal Card. Users can use these coin/loyalty points to redeem products and access exclusive events.
d. Jobs: The Platform also provides opportunities to users to apply for jobs. Specific job availabilities will be listed on the Platform and users can apply for the same based on their interest/preference.
e. Offers: We also provide exclusive offers to users for products and services of khyaal and third-party brands.
f. Pay bills: Users will be entitled to make payments for various bills including but not limited to their electricity bill, water bill, gas bill, recharge services etc on the Platform using Bharat bill pay.
g. Travel: Our Platform provides access to senior friendly destinations for travel
h. Referral program: Where a user of the Platform makes a successful referral to another for using the Platform, the user will be entitled to earn loyalty points and money.
You expressly acknowledge and agree that: (i) you are a natural person. You must be at least 50 years old, or relative or child of a senior citizen who is at least 50 years old. By using the Platform, you represent and warrant that you meet this eligibility requirement; (ii) you are capable of entering and authorized to enter into a legally binding agreement; (iii) all information you submit is accurate and truthful; (v) you will maintain the accuracy of such information; (vi) you are not barred or otherwise legally prohibited from accessing or using services under Applicable Laws.
Eligibility for a Child and Relative: A child or a relative of the Khyaal Club Member can access certain Services including but not limited to adding money to the Khyaal Card or tracking spends on the Khyaal Card only after sending an invite to the Khyaal Club Member and the Khyaal Club Member accepting/consenting to such invite. A child/relative can also be eligible for the said services if they send/gift a Khyaal Club membership invite and their senior accepts the invite and becomes a Khyaal Club member.
In order to avail the services from Khyaal and/or the partners, you will need to provide details which includes accurate personal information. You will be required to submit certain documentation including but not limited to the user’s PAN card number, Aadhaar card number, phone number and other details ("Information"). You consent to the collection and storage of the Information and disclosure to the partners and other persons, as deemed necessary. By accepting these Terms of Use, you further grant Khyaal an unconditional right to share your personal information with Khyaal's partners, affiliates, employees and agents for administrative purpose (including the partners). The user represents and warrants that the information provided by the user to Khyaal is true and correct in all respects.
By registering, you agree to provide accurate, complete, and up-to-date information about yourself. You also agree to keep your login information secure and confidential. You are responsible for all activities that occur under your user account.
Our privacy policy, which is available on the Platform, explains how we collect, use, and disclose your personal information. By using the Platform, you agree to our Privacy Policy.
The Platform allows users to participate in sessions, events, workshops, games and other activities. By participating in these activities, you grant us a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
You agree not to showcase/display anything that is illegal, defamatory, threatening, obscene, or otherwise objectionable. You also agree not to share any content that infringes upon the intellectual property rights of any third party.
We reserve the right to stop you from participating or sharing any content that violates these Terms, without prior notice to you.
You hereby represent, warrant and covenant with the Khyaal that:
1. all information provided by you to the Khyaal and/or the third party is and shall be maintained as true, correct and accurate in all respects;
2. you are not barred or otherwise prohibited from accessing or using any services or the services / products provided by the third party in any manner;
3. you shall not impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person's digital signatures or perform any other fraudulent activity;
4. you shall promptly provide all information and assistance as may be required by Khyaal or third party from time to time in dealing with requests or queries of any Governmental Authority;
5. You agree to provide KYC and similar relevant details & documents to Khyaal and the third party, in electronic and physical form, as may be required by Khyaal. Also, you hereby authorise Khyaal to use your KYC and details for all such services that Khyaal may offer, by itself or through third parties, from time to time;
6. You shall not share the username and password with other persons and acknowledge that such sharing shall cause irreparable harm to you and Khyaal and that you shall be liable to indemnify Khyaal and the third party for any loss or damage suffered as a result of any unauthorized use;
7. It is agreed that Khyaal and the third party shall be entitled to rely upon all electronic communications, orders or messages sent by you to Khyaal and the third party. Khyaal and the Third party shall not be obligated to verify or make further inquiry into the identity of the sender, or integrity of any communications. Khyaal and the third party shall not be responsible for any losses sustained through the use of stolen or hacked devices or fraudulent electronic transactions;
8. Without limiting the foregoing, you agree that you shall not use the services or the products/services of the third party to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
9. You shall not attempt to or engage in any activity that may:
Khyaal reserves the right to suspend/discontinue the services or the services/products of the third party provided to you and/or to sever its relationship with you, at any time, for any cause, including, but not limited to the following:
a. For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms of Use;
b. For any suspected discrepancy in the particular(s), documentation or information provided by you;
c. To combat potential fraud, sabotage, willful destruction, threat to national security, for any other force majeure reasons etc.;
d. If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
e. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
f. If you do not have the control over your login details and password or your account is compromised in any other manner;
g. If you indulge in any abusive or aggressive or threatening behavior or any act or any intimidation or harassment of any kind (be it verbal or physical or written) against any employee / representative / agent of Khyaal or the third party or any other user; and
h. If Khyaal believes, in its reasonable opinion, that cessation/ suspension is necessary.
a. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the services or the services / products of the third party or any data/content. While Khyaal may apply such technology as it deems fit to ensure the security of and prevent unauthorized access to its products/services, Khyaal does not warrant that products/services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that products/services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. Khyaal provides any services and features on an "as is", "where is", "with all faults" basis.
b. You acknowledge that he/she has not solely relied on any representation/warranty made by Khyaal, third party, service providers, subcontractors or agents and has made independent assessment. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information.
ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED.
Certain features of the Platform may be available only to users who pay a fee. If you choose to access these features, you will be required to pay the applicable fee. All fees are non-refundable.
By signing-up to use the Platform, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By signing up to use the Platform, you represent that you have provided us with valid identifying information which may be used to verify your identity. Please note that we reserve the right to restrict, suspend, or terminate your access at any time to the Platform if we believe you have breached these Terms. We may also monitor or use certain technologies to monitor your activities including your IP address to verify your geographical location.
Compliance with Applicable Laws: You must ensure that your use of the Platform and the Services complies with Applicable Laws.
12.1 With respect to the Khyaal Card, we will not be liable, for instance:
1. if, through no fault of ours, your Wallet does not have sufficient funds for the transaction or funds are unavailable for withdrawal;
2. if a computer system, ATM, or PoS terminal was not working properly and you knew about the problem when you started the transaction;
3. if the ATM where you are making the transaction does not have enough cash;
4. if a merchant refuses to honour the payment made through the Wallet;
5. if circumstances beyond our control (including but not limited to fire, flood, terrorist attack or national emergency) prevent the transaction, despite reasonable precautions that we have taken;
6. if you attempt to use a Physical Card that has not been properly activated; or
7. if the Physical Card has been reported as lost or stolen, has been suspended by us, or we have reason to believe the transaction is not authorized by you.
13.1. We may disclose the information you provide us to third parties: (i) where it is necessary or helpful for completing a transaction; (ii) in order to comply with any law or to comply with requirements of any government agency or court orders; (iii) to service providers who administer the Wallet or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (iv) in order to prevent, investigate or report possible illegal activity; (v) in order to issue authorizations for transactions; and (vi) as otherwise permitted by law. Please see our Privacy Policy for further details.
13.2. Khyaal may (from time to time) allow third party service providers to offer their users the ability to log-in to their websites/mobile applications through the Khyaal Account log-in credentials. Parents must ensure that they: (i) have permitted the use of the Khyaal Account log-in credentials to access such third- party websites/applications and; (ii) monitor the use of such third party services by Minors. Khyaal does not endorse these third-party websites and applications that allow you to sign in with Khyaal Account log-in credentials, and takes no responsibility for them.
You agree to indemnify, defend and hold harmless, us, our affiliates, officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney's fees, made by any third-party due to, arising out of, or relating in any way to (i) your access to or use of or inability to use the Platform and/or Services; (ii) your breach of these Terms and the Privacy Policy, (iii) your improper use of the Platform and/or Services; or (iv) your breach of any Applicable Laws or third-party rights.
15.2. Khyaal through the Platform only helps you gain access to your Wallet. Khyaal is not liable for any losses that may occur as a result of the acts or omissions of any other third-party service providers.
15.3. The Platform and Services are provided on an "as is" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform, including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors. In no event shall we or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees or agents be liable for any special, incidental, punitive, direct, indirect or consequential damages or losses suffered as a consequence of a breach of the Terms by another user or arising out of the use of, or the reliance on, any of the Services or the Platform.
16.1. Khyaal, its affiliates, and their respective directors, officers, employees, and agents will not be liable for any damages arising out of or in connection with your use of our Services, including but not limited to any indirect, incidental, consequential, punitive or exemplary damages, even if we have been advised of the possibility of such damages.
16.2. In any event, our total aggregate liability for all damages and losses that arise under or in connection with these Terms, or that result from your use of or inability to use our Services or Platform, shall not in any circumstance exceed the total amounts, if any, actually paid by you to us for receiving the relevant Service.
16.3. Company has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government.
17.1. No scaling or jeopardizing our platform: You agree to not interfere with or use non-public areas of our Platform and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we may terminate your Khyaal Account. We may further report such actions to the Appropriate Law enforcement authorities and initiate legal action.
17.2. No commercial usage: You shall use the Services only for your lawful and personal use. You may not use the Service to collect or store personally identifiable information about other users. You may not use the Service to harass, abuse, or harm another person.
17.3. No illegal usage: You shall not use the Platform or the Services for committing fraud, embezzlement, money laundering or for any other unlawful and/or illegal purposes.
17.4. Duty to provide true information: The information you provide is used by us and the Bank to determine your eligibility and continuing use of your Wallet. It is critical that all information you provide to us is true, complete, not misleading and is regularly updated by you. If all or any part of this information is incorrect, incomplete or misleading, it would be a breach of these Terms and a violation of the law. We may approach appropriate authorities to initiate legal action against you. You must further ensure that you do not do anything that can make the information provided by you incorrect, incomplete or misleading at a later date. If you discover any information provided is incorrect, incomplete or misleading, then please write to our Grievance Officer (details given below) immediately.
17.5. Duty to be responsible: Considering the nature of the Platform and Services provided, please ensure that you keep your mobile device safe. You are solely responsible for all activities that occur under your credentials on the Platform and for any amounts debited from or credited to your Wallet. You should keep your password safe and not disclose your Khyaal Account details to any third party or share your Khyaal Account with any third party. If you think someone has gained access to your Khyaal Account or your Wallet Account without your permission, please contact our Grievance Officer immediately.
17.6. Unauthorized use of Intellectual Property Right: You agree not to, and shall not permit any third party to use the Service in any manner that infringes any intellectual property right of Khyaal or any third party.
Without limiting the foregoing, under no circumstances shall we be held liable for any damage or loss due to a deficiency in provision of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet or electricity failures, computer equipment failures, telecommunication equipment failures, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots, pandemic or its impacts, regulatory interventions, and adverse weather conditions, etc ("Force Majeure Events").
19.1. Our website and all of the content on the Platform, including, but not limited to text, information, documents, descriptions, products, sounds, videos, interactive features, graphics, logos, images, software and services and the trademarks, service marks and logos ("Platform Content") contained therein are the property of Khyaal or LivQuik as the case may be, and are protected by applicable copyright, trademark, and other intellectual property laws. All other trademarks, service marks and logos used on the Platform are the trademarks, service marks, or logos of their respective owners.
19.2. We give you a limited, non-transferrable, non-sub-licensable and revocable license to access the Platform, avail of the features of the Platform for your personal, lawful requirements only. You are not entitled to modify, publish, transmit, transfer, sell, reproduce, duplicate, distribute, create derivative works of, display, or commercially exploit the Platform Content, features or facilities, directly or indirectly, without our prior written permission.
20.1. These Terms and any action related thereto will be governed by Applicable Law. Subject to the arbitration clause, any disputes arising out of or related to these Terms and/or the Platform, or the Services (collectively, "Dispute") shall be subject to the jurisdiction of the courts located at Mumbai, India.
20.2. Any and all Disputes shall be referred to and finally resolved by arbitration, held in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including any rules, amendment or modification thereto. The arbitral tribunal shall consist of a sole arbitrator appointed by Khyaal. The seat and venue of arbitration shall be Mumbai. The award and decision of the arbitrator shall be final and binding on all parties, and shall be subject to forced execution in any court of competent jurisdiction. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.
In case you do not want to continue using our Platform and the Services and want to deactivate your Khyaal Account, and/or unsubscribe from the mailing lists, or you do not agree with any provision of these Terms and wish to opt out of receiving our Services, please contact us at support@khyaal.com.
By using our Platform, you consent to receiving communications from us electronically. We may communicate with you by email, push notifications (on the Platform) and SMS. You agree that all electronic agreements, notices, disclosures and other communications satisfy any requirements under Applicable Law and that such communications are in writing. Please let us know if the information you share with us (including your email address and other contact details) changes. Our emails to you will be sent to the email address you last provided us, that is, if you shared your email address with us through the Platform. We will assume that you have received the email once it is sent from the outbox of our email address - support@khyaal.com.
You understand and agree that we may have to modify the Services as well as the Platform on account of any regulatory changes. In such case, if you become incapable of using all or any part of the Platform or the Services, we shall not be liable to you in any manner.
We may, from time to time, display offers, services, products and advertisements from third parties on our Platform for your benefit. However, this does not mean we endorse these third parties or their products and services. If you accept any of the products or services of such third parties, such arrangement shall be solely between you and the third party. We will not be liable in any manner for such products or services of such third parties. Khyaal is not responsible for the content or services provided by the third-party website. You agree to use the third-party website at your own risk, and Khyaal shall not be liable for any damages, losses, or expenses arising from your use of the third-party website.
In order to address any questions or grievances that you may have regarding the use of your Khyaal Account, please contact our Grievance Officer:
a. Office hours: 12 noon to 7 PM.
b. Email address: support@khyaal.com
c. If, however, you want to register a complaint in relation to your use of the Wallet Account, please refer to LivQuik Customer Grievance Redressal Policy given here. This policy captures the grievance redressal mechanism available to you in relation to your Wallet Account. It will tell you how to escalate your complaints and obtain a resolution. LivQuik will treat your complaints in a transparent and fair manner and in accordance with Applicable Law.
d. Tell us at once if you believe your Wallet Account or Khyaal Account has been accessed without your permission. If you feel something of this sort has occurred, please email us at support@khyaal.com. We also have a chat feature within our Platform which you can use. The sooner you tell us about the breach, the better equipped we will be to avoid/minimize any loss.
26.1. Assignment: You shall not assign or transfer any right or obligation that has accrued to you under these Terms, and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign or transfer any right or obligations that accrued in our favour, at our sole discretion, without any restriction.
26.2. Waiver: Unless otherwise stated expressly, any delay or failure in our exercising any rights/remedies arising out of these Terms and/or other policies available on the Platform, shall not constitute a waiver of rights or remedies and no single/partial exercise of any rights or remedies, hereunder, shall prevent any further exercise of the rights/remedies by us.
26.3. Survival: You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, governing law & arbitration shall survive the efflux of time and the termination of these Terms.
26.4. Severability: If any provision of these Terms is held illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under Applicable Law.
26.5. Entire Agreement: These Terms, along with the Privacy Policy and amendments thereto, constitute the entire agreement between the parties and supersede all previous agreements, oral or written, with respect to the subject matter of this Agreement. This Agreement shall not be amended without the prior written consent of both parties.
We may revise these Terms, update the Platform and modify the Services (at any time) to improve your experience on our Platform and on account of changes in Applicable Law (defined below) or as seen as required by us. So, please check this page regularly to take note of any such changes. If you do not agree with any change made by us, you have the option to stop using our Services (but we will be sad to see you go).
Terms and Conditions for Prepaid Card