We at Tortoise Systems Private Limited (“our”, “us”, “we”, “Tortoise”, “Tortoise”) have
developed the Tortoise
mobile and web applications (“App”) and we are happy to have you with us. In these Terms
(“Terms”), we will use “you”, “your”, and “yourself” to refer to users of the App.
Tortoise is a
company incorporated under Indian laws, with its registered office at Plot no. 128/P2,
Industrial Area Whitefield, Sonnenahalli Village, Bengaluru, Karnataka - 560048. Through
our App, we
offer technology and deal-discovery services (“Services”) to you. By using our Services,
request devices and benefits offered by your employer to increase your productivity at
These Terms are a legally binding document between you, your employer and us. Please
read these Terms carefully
before using our App or Services. For your ease, we have provided summaries of some
However, in case of any conflict between the summaries and these Terms, the Terms will
capitalised words used in the summaries will have the same meaning as assigned to the
words in these
By accessing our App or Services, or clicking “I Agree” or “Submit” (if provided), you
indicating your acceptance of the Terms. It means that you have read, understood, and
agreed to be
bound by these Terms, and to the collection and use of your information as mentioned in
and any other
policies and procedures available on the App, as amended from time to time
(collectively referred to as “Policies”). The Policies are incorporated by reference
Terms. If the contents of any of our other Policies conflict with these Terms, these
prevail over the Policies.
You agree that you will use our App and Services only in accordance with all applicable
acts of the
legislature, rules, regulations, bye-laws, ordinances, notifications, directives, orders
government authorities, tribunals and courts, and applicable international treaties and
force in India (collectively referred to as “Applicable Laws”).
If you have any queries or concerns regarding these Terms, please contact our Help Desk
Summary: To use our Services, you must be an Indian resident or citizen above the
age of 18
years with an active employment at one of our partners with an official email address. We
need to collect personal information from you to
create your account on our App. Our Regulated Partners may also need to collect your
documents for KYC
verification. If you fail to provide the necessary information or documents, you may not be
able to use
our App or Services.
To be eligible to use our Services, you must be an Indian resident or citizen above the
age of 18
years with an active employment at one of our partners with an official email address.
You must also be capable of accessing or using
the Services without violating any Applicable Laws and have the capacity to read,
accept, and be
bound by these Terms.
To create your account (“Account”) on our App and to provide you access to our Services,
collect personal information from you and your employer. Such personal information may
include but is not limited to
name, email ID, phone number, address, bank account details, employment details and
identity documents like Aadhaar or
PAN. Unless you provide us with the information that we seek through the App, we may not
be able to
create an Account for you.
To access the services of our Regulated Partners, you may be required to submit
Know-Your-Customer (“KYC”) verification. Our Regulated Partners may use these documents
your identity in accordance with Applicable Laws and their own terms of service. If you
submit these documents, you may not be able to use certain facilities available on our
Scope of Services
Summary: We help you upgrade your productivity by availing the pre-approved devices
that your employer offer on our
App. The selected devices will be supplied by our Retail Partners (Merchants). Your employer
may decide and change your eligibility for the devices you can avail on the app from time to
The devices availed through the app will be owned or leased by your employer and you will be
able to use them for the duration of your employment with your employer or the duration of
the lease whichever is earlier.
Description of Services: The App is a technology platform that enables you to request
pre-approved devices and benefits listed on the App by your employer.
These are the typical features of the Benefits. A Benefit will also be subject to
specific terms & conditions (“Benefit Specific Terms”)
which we will notify you of before you choose to avail the Benefit.
To offer you Benefits, Tortoise partners with (a) third-party merchants
offer goods and services under the Benefits, and (b) RBI authorized entities
non-banking finance companies and payment system providers (“Regulated
Partners”) who help with the financial transactions if required.
To use our Services, you must also accept the terms of service of the relevant
Merchants (“Merchant Terms”) and Regulated Partners (“Regulated
Partner Terms”) because we provide our Services in partnership with these
Once you create your account on the App, you can choose to avail a Benefit
Each Benefit will have a predetermined term (depending on the Benefit Specific
After you choose to avail of a Benefit and during the Benefit Period, you can
a good or service that the Employer offers you through the Merchants.
The Benefits that choose to avail may come at a cost to your Employer. The cost
of the Benefit will be
communicated to you and your Employer before you choose to avail it. You can
choose to pay for the Benefit onbehalf of the Employer
and request reimbursement from the Employer. The Employer may choose to
reimburse you for the Benefit or not based on their Organisation Policies.
Depending on the Benefit Specific Terms, Merchant Terms and Regulated Partner
Terms, you can
request the transfer of ownership of the Good or Service from your Employer or
Rewards: As part of the Benefits, Merchants and/or Regulated Partners may offer
like discounts, cashback and/or Tortoise Coins (“Rewards”). Please carefully
read the Benefit
Specific Terms, Merchant Terms and Regulated Partner Terms to understand the
nature, quantum and validity of these Rewards. In addition to this, Tortoise may
its sole discretion, offer Rewards to you.
Redemption: You can redeem the Rewards against the chosen good or service
during or after the Benefit Period depending on the Benefit Specific Terms.
Cancellation: You can request cancellation of a Benefit that you have enrolled
as per the Benefit Specific Terms.
Games: Tortoise may offer you a chance to win additional Rewards by participating in
(“Games”). The Games will be offered to you on specific terms, which will be notified to
separately. Certain Games may only be available in limited geographical locations or for
Loyalty points: We may award loyalty points to you for regular use of our App. These
may be awarded for performing actions on the App like making a payment towards a Benefit
a new user to the App. You can redeem your loyalty points (if any) to avail Rewards
listed for this
purpose on the App. We reserve the right to change or discontinue the loyalty points
feature of our
Services at our sole discretion.
Disclaimer: Tortoise is a technology service provider and it does not provide any retail
or financial services
Summary: For grievances relating to payments, refunds or the functioning of our
App, you can
contact our Grievance Officer at email@example.com. For grievances relating to products or
offered under Benefits, please contact the Merchants directly.
Tortoise will be your point-of-contact for addressing any grievances relating to
or the functioning of our App or Services. You can contact our Grievance Officer at
firstname.lastname@example.org. This Grievance Officer will also serve as the designated Grievance
the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules
certain cases, we may re-direct your grievance to our Regulated Partners if we cannot
resolve it on
Merchants are solely responsible for addressing all grievances relating to the products
purchased or leased through the Benefits. For any grievances relating to products or
services, you must contact
the Merchant directly.
Summary: You must always (a) provide us with correct information, (b) not engage in
activities, (c) access the App or Services only for personal use, (d) keep your hardware,
log-in credentials secure, and (e) respect the security of our technical systems.
Duty to provide complete, truthful and accurate information: It is critical that all
provide to us is true, complete, not misleading and is regularly updated by you. If all
or any part
of the information that you provide is incorrect, incomplete or misleading, it would be
a breach of
these Terms. If you discover any information provided is incorrect, incomplete or
please write to our Grievance Officer immediately.
Duty to not engage in any illegal activities: You must not use our App or Services for
embezzlement, fraud, money laundering, or for any other unlawful purpose.
Duty to not use the Services for commercial purposes: You must use our App and Services
personal and professional purposes.
Duty to keep hardware, software and log-in credentials secure: Considering the nature of
the App and
Services provided, please ensure that you keep your mobile device safe. You are solely
for all activities that occur from your Account. You must keep your password safe and
your Account details to any third party or share the Account with any third party. If
someone has gained access to your Account, please contact our Grievance Officer
follow instructions provided to secure your Account. You must also ensure that you keep
App as and when we release new versions of it. Failure to do so may render you incapable
certain Services or the App altogether.
Duty to respect security of the App: You must not access non-public areas of the App and
technical delivery systems. You must not introduce bots or malicious software into our
scrape the App for user information. You must refrain from probing, or testing
our systems, authentication and security measures. We may report such actions to law
authorities and pursue legal recourse.
Summary: You must not post any User Content on our App which belongs to a
third-party. We may
display, adapt or modify the User Content posted by you on our App and you grant us
permission to do so.
You may be allowed to write or upload content (collectively, “User Content”) on the App
accordance with the Terms.
You represent and warrant that you own the User Content posted by you (if any), or that
otherwise have sufficient right, title and interest in and to such User Content to allow
you to post
such User Content on the App in accordance with these Terms.
By displaying or publishing any User Content on or through the App, you hereby grant
non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use,
reproduce, adapt, modify (e.g., re-format), rearrange, and distribute your User Content
media now known or developed in the future.
Subject to Applicable Laws, this license will terminate at the time you remove your User
from the App. However, for any User Content that we have sublicensed prior to your
removal of such
User Content from the App, the license will continue in perpetuity.
If any User Content posted by you is found to be in violation of another person’s
property or any other rights in any manner, then you will be absolutely and solely
liable for such
violation and no liability will be incurred by Tortoise for the same.
Summary: You must not post any User Content on our App which could violate
Applicable Laws or
rights of third-parties. This includes User Content which is defamatory, obscene, privacy
harmful, misleading, violence inciting etc.
We reserve the right, in our sole and absolute discretion, to determine whether User Content is
and to remove any User Content, without notice to you, which we determine to be inappropriate.
limiting the generality of the foregoing, the following is a partial list of the types of User
we deem to be inappropriate:
Content that belongs to another person and to which the user does not have any right;
Content that is defamatory or libellous;
Content that is obscene, pornographic, paedophilic, disrespectful, invasive of another’s
including bodily privacy, insulting or harassing on the basis of gender, racially or
objectionable, relating or encouraging money laundering or gambling, or otherwise
or contrary to the laws in force;
Content that is harmful to a person below the age of 18 years;
Content that infringes any patent, trademark, copyright or other proprietary rights;
Content that violates any law for the time being in force;
Content that deceives or misleads the addressee about the origin of the message or
intentionally communicates any information which is patently false or misleading in
nature but may
reasonably be perceived as a fact;
Content that impersonates another person;
Content that threatens the unity, integrity, defence, security or sovereignty of India,
relations with foreign States, or public order, or causes incitement to the commission
cognisable offence or prevents investigation of any offence or is insulting other
Content that contains software virus or any other computer code, file or program
interrupt, destroy or limit the functionality of our technical systems;
Content that is patently false and untrue, and is written or published in any form, with
to mislead or harass a person, entity or agency for financial gain or to cause any
injury to any
Content that contains any abusive, or explicit language;
Content that involves the transmission of unsolicited messages like "junk mail," "chain
"spimming," or "spamming";
Content that contains restricted or password only access pages or hidden pages or images
linked to or from another accessible page);
Content that furthers or promotes any criminal activity or enterprise or provides
information about illegal activities including, but not limited to violating someone’s
Content that involves commercial activities and/or sales without our prior written
consent such as
contests, sweepstakes, barter, advertising, or pyramid schemes; and
Content that solicits passwords or personal identifying information for commercial or
purposes from other users.
Summary: In order to provide you with functional Services, we work with various
parties have their own protocols, terms of service and privacy practices. We cannot be
for their activities. Third-party products or services displayed on the App are also not
us. Please use these products or services at your own risk and carefully read the terms of
of the third-parties offering them.
To provide the Services to you, we will need to use third-party services. This is done
payment to and from you, offer Benefits on our App and for other practical and
While we have appropriate agreements in place with these third-parties, we do not accept
liabilities that may arise from our use of or reliance on such third-party services.
We may display various offers, products, incentives, or advertisements from
third-parties during the
provision of our Services. This does not mean that we endorse such third-parties’
services, and will have no liability to you concerning such products or services.
Termination of Services
You may terminate this agreement by deleting your Account on our App. We may terminate this
removing your access to our App and Services. Unless this agreement is terminated by us or
you, it will
remain effective indefinitely.
Indefinite term until termination: These Terms will be effective until terminated by us
or you. You
may terminate the Terms and your use of our Services by choosing the option to delete
We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App;
terminate these Terms and your use of the App with or without cause. We may remove your
the App and Services immediately if you use the App in contravention of these Terms or
Instead of terminating your use of the App entirely, we may alternatively suspend or
Account, or block your ability to use any particular feature of the App.
Merchants, Employer and our Regulated Partners may also terminate or suspend their
services provided to you.
Such termination or suspension will be guided by the Merchant Terms and Benefit Specific
case of Merchants) and Regulated Partner Terms and Benefit Specific Terms (in case of
The termination of Services and these Terms will not affect your or our accrued rights
Summary: You will compensate us for any losses caused by your use of our App or
breach of these Terms, your irresponsible conduct, or your breach of Applicable Laws or
You agree to indemnify, defend, and hold harmless, us, our affiliates, agents, directors,
officers, from and against any claims, costs, complaints, damages, expenses, losses,
attorneys’ fees, arising out of, or in relation to, or due to:
your access or use of the App or the Services;
your breach of the Terms;
your improper, irresponsible, or illegal use of the App or the Services; and
your breach of Applicable Law or third-party rights.
collection and management practices. By using our Services, you confirm
that you have read, and accepted our Privacy
Intellectual Property Rights
Summary: We own the content on the App. You cannot duplicate or commercially exploit
the App or
We grant you a non-exclusive, non-transferable, non-sublicenseable right to use our App
solely for your personal use.
Our App and all intellectual property rights contained therein, including but not
limited to any
content, are owned or licenced by us. Intellectual property rights mean rights such as:
trademarks, domain names, design rights, database rights, patents and all other
property rights of any kind whether or not they are registered or unregistered (anywhere
world). Our intellectual property includes all logos related to the Services. In
addition, all page
headers, custom graphics, button icons, and scripts are service marks, trademarks,
dress of Tortoise. You may not copy, imitate or use Tortoise's intellectual property
our prior written consent.
We reserve all of our rights in any intellectual property in connection with these
means, for example, that we remain owners of them and are free to use them as we see
We reserve all of our rights in any intellectual property in connection with these
means, for example, that we remain owners of them and are free to use them as we see
Any feedback, comments, suggestions, ideas (in any form) or any other information that
provide for improvements to Services (“Feedback”) is given entirely voluntarily. We will
be free to
use, disclose, reproduce, license, or otherwise distribute and exploit such Feedback as
it sees fit,
entirely without obligation or restriction of any kind. Feedback includes, without
feedback you provide to us in response to any surveys we conduct, through any available
about your experience. We are free to create derivative works of such Feedback.
Summary: You must not disclose any Confidential Information you receive from us to
third-parties. If you do so, we will be entitled to seek an injunction in addition to other
For these Terms, “Confidential Information” of Tortoise means (a) any information
business, (b) information relating to our current, future, and proposed projects, (c)
collected or generated in relation, or pursuant, to Services, and (d) such other
by its nature or the circumstances of its disclosure is confidential.
You agree that you may receive our Confidential Information in connection with the
provision of the
Services. You will not disclose to any third-party our Confidential Information that you
access to during and in connection with the use of the Services.
You agree that monetary damages may not be a sufficient remedy for unauthorized
disclosure of any
Confidential Information and that we will be entitled, without waiving any other rights
to such injunctive or equitable relief as may be deemed proper.
You will notify us immediately upon discovery of any unauthorized use or disclosure of
Information or any other breach of this Clause 13 (Confidentiality). You will cooperate
with us in
every reasonable way to help regain possession of such Confidential Information and
further unauthorized use.
Upon termination of these Terms, we may instruct you to return or delete our
Information. You must comply with our instructions and provide confirmation about return
of our Confidential Information.
The confidentiality obligations herein will not apply to information:
in the public domain without breach of these Terms;
that you can establish by competent proof, was in your possession before receipt
from us and
was not acquired, directly or indirectly from us; or
obtained from a third-party not under an obligation of confidentiality to us.
The disclosure restriction does not apply to the extent that such disclosure is
Applicable Laws or by any order of a court of competent jurisdiction or the RBI.
Provided that where
practicable, you will provide us with prompt written notice of such disclosure demand.
Summary: Any dispute relating to these Terms will be resolved through arbitration.
arbitration proceedings will be held in New Delhi and they will be conducted in English.
Disputes arising out of, or relating to the Terms, or Services (collectively, “Dispute”) will be
through arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat of
will be New Delhi. The arbitration proceedings will be held before a sole arbitrator, appointed
consent of the parties. The language of the arbitral proceedings will be English. The arbitral
award will be
final and binding upon the parties. Arbitration will be confidential.
Governing Law and Jurisdiction
Summary: These Terms will be governed by Indian law and courts in New Delhi will
jurisdiction to adjudicate disputes relating to these Terms.
Governing Law: These Terms will be governed by Indian law.
Jurisdiction: Subject to the Dispute Resolution provision, Courts in New Delhi will have
jurisdiction to adjudicate Disputes. For this purpose, you submit to the personal
Courts at New Delhi, India.
Limitation of Liability
Summary: We provide our Services ‘as is’, and we make no promises or guarantees
Services. We will not be liable for damages or losses arising from your use or inability to
The Services are provided on an “as is” basis without any representation or warranties,
implied except otherwise specified in writing. We do not warrant the quality of the
including its uninterrupted, timely, secure or error-free provision, continued
compatibility on any
device, or correction of any errors.
Except as required under Applicable Law, we, or our affiliates, agents, directors,
officers, will have no liability to you for any harm arising out of your access or use
To avoid doubt, we, or our affiliates, agents, directors, employees, and officers, we
will not be
liable for consequential, direct, indirect, punitive, special damages, including lost
goodwill, profits, or revenues, arising out of your access or use of the Services, in
If the above liability exclusion is held invalid for any reason, and if we, or our
agents, directors, employees, and officers, become liable for loss or damage, any such
will be limited to INR 5,000/-, if any, to access the Services.
Notification: We may notify you about relevant information pertaining to your use of the
promotional offerings by push notification on the App, SMS, call, WhatsApp, instant
services or email or through any other means that we may deem appropriate. You authorize
us to reach
out to you. You may opt out of some of these messages unless they are necessary for the
Services, for compliance with Applicable Laws, or for information security. You may opt
receiving promotional communication on your devices from us by writing to us at
No Waiver: Our failure to exercise any right or provision under these Terms will not be
a waiver of the right or provision. Waivers must be signed and written by us, to take
Force Majeure: We will not be liable for any breach of these Terms due to any
such as act of god, power failures, failure in any communication systems, equipment
strikes, lock-downs, pandemics or any other cause beyond our control. This condition
does not affect
your statutory rights.
Assignment: You will not assign or transfer any right or obligation that has accrued to
these Terms. Any attempt by you to assign or transfer such rights and obligations, will
be void. We
may assign or transfer any right or obligations that accrued in our favour, at our sole
Amendment: We reserve the right to change, modify, add to, or remove any portions of
these Terms at
any time, subject to Applicable Law.
Severability: If any provision of these Terms is held illegal or unenforceable, the
will not be affected. A provision held to be illegal or unenforceable will be
substituted by a
provision of similar import reflecting the original intent of the parties, to the extent
under Applicable Law.
Survival: The provisions concerning Intellectual Property, Indemnity, Limitation of
Dispute Resolution, Governing Law and Jurisdiction, these General Provisions or any
other terms that
are deemed by their very nature to survive the termination of the Terms will survive the
of the Terms.
When you use the Site or the app or send emails or send messages on Whatsapp to Tortoise
Systems Private Limited, you are communicating with Tortoise Systems Private Limited
electronically. You consent to receive communications from Tortoise Systems Private
Limited electronically. Tortoise Systems Private Limited may communicate with you by
email or by whatsapp or by posting notices on the Site or the app or by phone or usually
available means of communication. You agree that all the agreements, notices,
disclosures and other communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.