TERMS AND CONDITIONS OF USE
Digi Khata Private Limited (the “ Company ”) operates a web/mobile application, “ DigiKhata
App ” (the “ App ”)
available on Google Play Store, iOS and other similar platforms and also operates a website
https://digikhata.pk (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
(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 a Pakistani 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 Pakistani residents only
and by your continuing access and/use of the Platform shall be construed as a deemed declaration that
you are a Pakistani resident.
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 digital ledger book / record book wherein the users
(“ Users ”), can record their ledger entries with their respective
customers/suppliers and (ii) also allows Users to generate a payment link which can be sent to
their respective customers, and the customers could use the payment link and make the payment of
the amount to the Users in settlement of their obligations towards the Users (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/or 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 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
[email protected] 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 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
- 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 shall be in
the permission of the KYC Documents by a third-party service provider is concerned, the same
- 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
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.
- TRANSACTION INFORMATION
- 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
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 the 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 Company;
- receive communications from the Company regarding: (A) 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
- If such customers fail to provide consent, or withdraw 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 in these terms and conditions 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.
- THIRD PARTY SERVICES
- 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
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
should take care not to share his personal pin or OTP with any third party intentionally or
unintentionally. The Company never solicits information such as 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 information, the
Company may share relevant information of such transaction if the victim approaches the
Company via proper channels including customer
support number and [email protected]
- USER RESPONSIBILITIES
- 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
- 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 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 computer 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 in 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;
- engage in the systematic retrieval of content from the Platform or Services to
create or compile, directly or indirectly, a collection, compilation, database 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 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 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 product
- 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
- The User shall be solely responsible for compliance with all the applicable laws including
without limitation the Anti Money Laundering Act, 2010 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 Pakistan.
- INTELLECTUAL PROPERTY
- 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 all the applicable intellectual property laws of Pakistan 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 Company.
- TERM AND TERMINATION
- These Terms shall remain in effect unless terminated in accordance with the terms
- 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
- 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 the same.
- 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 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 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
- DigiKhata 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 DigiKhata
for usage are service charges. In case you need an invoice for the charges levied please
email to [email protected]
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.
- CONSENT TO USE DATA
- You agree that the Company and any third-party service providers it engages, may, in
- 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.
- MAINTENANCE OF RECORDS
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
Pakistan. 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 Islamabad, Pakistan in accordance with the Arbitration Act, 1940 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.
- MISCELLANEOUS PROVISIONS
- 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
- 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 [email protected]
- Third Party Rights - No third party shall have any rights to enforce any terms contained
- 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