PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE AND THE SERVICES A USER AGREES TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. PLEASE NOTE THAT THE COMPANY PROVIDES SERVICES IN INDIA AND IN COMPLIANCE WITH INDIAN LAW. EXCEPT AS SPECIFIED IN THE TERMS OF USE OR AS AGREED WITH THE COMPANY IN WRITING, IN CASE THE USER IS A CITIZEN OR RESIDENT OF ANY OTHER JURISDICTION WHICH PRESCRIBES OR REGULATES THE USE OF PERSONAL INFORMATION OR WHICH IMPOSES ADDITIONAL REQUIREMENTS FOR THE USE OF PERSONALLY IDENTIFIABLE INFORMATION IN ADDITION TO INDIAN LAW OR IS INCONSISTENT WITH INDIAN LAW, THE USER IS REQUIRED TO DETERMINE THE SUITABILITY OF THE USE OF THE SERVICES. THE COMPANY RESERVES THE RIGHT TO DENY USAGE TO SUCH RESIDENTS OR CITIZENS BASED ON ITS EVALUATION AND THE USER'S ACCEPTANCE OF THESE TERMS OFSERVICE WILL NOT BIND THE COMPANY.
1. INTRODUCTION
1.1
These Terms and Conditions ( "Terms of Use" ) govern a user's use of www.Bharatesign.com (the " Website") owned by Tezipay Tech Solution Private Limited (the " Company")and any services provided by the Company (" Services").These Terms of Use include and incorporate the references, policies and guidelines. The Company reserves the right to change or revise the Terms of Use at any time by posting any changes or revised Terms of Use on this website. The changed or revised Terms of Use shall be effective from the moment it is posted on the Website. A user's use of the website following the posting any such changes or of a revised Terms of Use shall constitute the user's acceptance of any such changes or revisions. The Company encourages a user to review these Terms of Use whenever a user visits the Website or uses the Services to make sure that the user understands the terms and conditions governing this website. If the user does not agree to these Terms of Use (including any referenced policies or guidelines), the user must immediately terminate the user's use of the Website.
1.2
For the purpose of these Terms of Use, wherever the context so requires " You" or " User" shall mean any natural or legal person who has agreed to use this Website by providing registration data while registering on the Website as a registered user. A user may surf this Website without registering on the Website but they might not have full access of the Website.
1.3
In case of any conflict between these Terms of Use and any specific written agreement entered into between the Company and a User, the terms of such written agreement shall prevail.
1.4
Any new product or services provided by the Company, or any new features or tools which are added to the Website or for the Services shall, unless specifically stated otherwise, be subject to these Terms of Use.
2. PRIVACY
The User's privacy is very important to the Company, which is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure and store the User's private information which is available at https://www.bharatesign.com/privacy-policy
3. MEMBERS REGISTRATION
3.1
The User affirms that the User is either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties setforth in these Terms of Use, and to abide by and comply with these Terms of Use.
3.2
Users must be identified by a unique email address or phone number and two or more natural persons may not use the Services as the same User.
3.3
The User agrees that the User has provided true, accurate, current and complete information to the Company in connection with any use or access of the Service.
4. ACCOUNT AND REGISTRATION OBLIGATIONS
If the User uses this Website, the User shall be responsible for maintaining the confidentiality of the User's Account, including but not limited to password and the User shall be responsible for all activities that occur from the User's account. The User agrees that if the User provides any information that is untrue, inaccurate, not current or incomplete or Website has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, Website shall have the right to indefinitely suspend or terminate or block access of the User's membership on the Website and refuse to provide the User with access to the Website and the Services.
5. SECURITY
The Company has ensured that the Website is HTTPS enabled to better protect the User's security against dummy websites. Please verify that the Webpage is HTTPS enabled before providing any information on it. The Company will not be liable for any consequences of the User providing details on any third-party website, including dummy websites.
6. THIRD PARTY INFORMATION
6.1
The User acknowledges and agrees that the Company provides access to such links, website, tools and services "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any materials, products, or services of third-parties such as SMS service providers, delivery and courier partners, certifying authorities such as NSDL, CDSL, Protean, eMudhra and UIDAI. The Company shall have no liability whatsoever arising from or relating to the User's use of optional third-party tools and services. The User is requested to review the third-party's policies and practices carefully and make sure that the User understands them. Complaints, concerns, or questions regarding third-party products should be directed to the third-party.
6.2
Without prejudice to the above, where any documents are signed, verified or stored with the Company or under the Services, the Company expressly disclaims any liability in connection with such documents and the Company is not responsible for the verification of the terms of the documents, enforceability of such documents or any disputes in connection with such documents.
7. RESTRICTIONS ON USE
The User shall not:
7.1
Use the services for spamming and other illegal purposes;
7.2
Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without their permission, forge another persons' digital signature, misrepresent the source, identity, or access the accounts of others without permission, misrepresent the content of information transmitted via the services, perform any other similar fraudulent activity, Use the Services for any illegal activity or otherwise purchase product or service which we reasonably believe to be potentially fraudulent;
7.3
Defame the Company, its employees, officers, directors, agents, partners and service providers, including without limitation, by posting any defamatory content on any social media;
7.4
Infringe our or any third party's intellectual property rights, rights of publicity or privacy;
7.5
Use the service if the User is below the age of 18 (eighteen) (or otherwise as permitted, as specified above) and in accordance with applicable law;
7.6
Post or transmit any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;
7.7
Refuse to cooperate in any investigation or provide confirmation of identity or any other information as asked by the Company;
7.8
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the service and the Website or features that enforce limitations in the use of the services;
7.9
Use the service in any manner that could damage, disable, overburden, or impair it, including without limitation, using the services in an automated manner;
7.10
Use any robot, spider, other automatic device, or manual process to monitor or copy the Website without prior written permission;
7.11
Reverse engineer, decompile or otherwise extract the source code related to the Website and the Services;
7.12
Interfere or disrupt the Website or the Services or networks connected to this Website or used to provide the Services;
7.13
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Website or to manipulate the User's presence on the Website; and
7.14
Use Website to collect or obtain personal information, including but not limited to financial information, about other users of the Website.
8. SERVICES AND PRICING
8.1
The Services enable Users to* inter alia* execute documents between Users on the Website and receive other ancillary and incidental services as provided by the Company from time to time. In connection with the Services, the Company reserves the right to add or remove any services or specify the pricing for the Services at the discretion of the Company with whatever notice the Company deems fit. Please note that the Services must be availed and used in accordance with applicable laws.
8.2
In addition to the fees payable for a Transaction, the User will also have to prepay all other fees, charges and costs that are required to be paid, as specified by the Company, in connection with any other Services availed by the User.
8.3
For the prepayment of the charges of the Company for any Services, the User will have to use an appropriate payment instrument such as bank account, credit or debit card or semi closed prepaid wallet for the payment to the Company, which may be made available by the Company at its discretion. Please note that a payment to the Company is executed by Company's payments partner and the Company is not liable for any loss or damage to the User from the use of such service.
8.4
Notwithstanding anything contained in this Terms of Use, the User acknowledges that the User's ability to avail the Services or execute Transactions may be frozen without any intimation to enable the Company to comply with any of Company's regulatory (including self-regulatory) and legal obligations.
8.5
The Company facilitates the execution of documents between persons and the Use of the Services shall not be construed to make the Company a party to any document and the Company makes no representation or warranty regarding the authority and the capacity of the parties for the execution, the content or the document or the enforceability of the document. Please note that certain documents may not be electronically executed, as specified under applicable laws.
8.6
The Company has no control of or access to the contents of documents executed by Users and the Company assumes no responsibility in respect of such documents.
8.7
The Company is not responsible for determining how long any contracts, documents, and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative processes and the Company does not assume any responsibility for the production of documents to any legal or regulatory agency.
8.8
At the request of the User, the Company facilitates the procurement of stamp paper and payment of stamp duty on documents executed using the Company's Services. In such instance, the Company shall act as a pure agent under the Central Goods and Services Tax Act, 2017. The Company may execute such processes with third party service providers. The User shall be liable to pay the charges for such services, as specified by the Company.
8.9
The User shall be solely responsible for ascertaining the appropriate stamp duty payable and the Company shall in no way be responsible or be under any obligation to ascertain the appropriate stamp duty payable. The Company is not liable if the documents uploaded on the website are not duly stamped or for ascertaining other legal processes such as registration, notarisation.
8.10
The Company does not warrant that the Services will comply with any specific industry standard or regulatory requirement applicable to a User.
8.11
The Company will provide billing and usage information in a format of the Company's choosing, which may change from time to time. The Company reserves the right to correct any errors or mistakes that it identifies even if it has already issued an invoice or received payment. The User agrees to notify us about any billing problems or discrepancies within 14 (fourteen) days of the issue of the invoice. If User does not bring such problems/discrepancies to the Company's notice within 14 (fourteen)days, the User shall have waived its right to dispute such problems or discrepancies.
8.12
The Company does not monitor or verify any personally identifiable information that may be provided by the Users as a part of the services or in any document executed using the Services. The User represents and warrants the User's authority to provide and use such personally identifiable information and agrees that the Company shall not be liable for the same in any manner whatsoever for the same and the User shall defend, indemnify and hold harmless the Company for any claims in this regard. The User further accepts that the Company may store personal information of Users and details of use of the Services as required under regulatory requirements.
9. REFUNDS
9.1
No refunds shall be provided for Services purchased by a User. Further, any eSign transactions purchased by the User shall be valid for 365 (three hundred and sixty five days) from the date of purchase.
9.2
Any amounts already paid to the Company for any Services may not be set-off for any alternate Services or products.
10. DISCLAIMER OF WARRANTIES & LIABILITY
10.1
The Website, services, content, user content and any third party content are provided by the Company on an "As is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, Merchantability or fitness for a particular purpose, without limiting the foregoing, the Company makes no warranty that:
(a)
The Website or the services will meet the User's requirements or the User's use of the Website or the services will be uninterrupted, timely, secure or error-free.
(b)
The results that may be obtained from the use of the Website or services will be effective accurate or reliable.
(c)
The quality of the Website or services will meet the User's expectations; or
(d)
Any errors or defects in the Website through the Website/Content or from use of the services shall create any warranty not expressly stated in these Terms of Use.
10.2
The Company will have no liability related to user content and/or third party content arising under Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws, the Company disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and/or third party content.
10.3
The User expressly understands and agrees that, to the maximum extent permitted by applicable law the Company will not be liable for any loss that a User may incur as a consequence of unauthorized use of the User's account or account information in connection with the Website or any services, either with or without the User's knowledge. The Company has endeavored to ensure that all the information on the Website is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, software, products, functionalities, services and related graphics obtained through the Website, or otherwise arising out of the use of this Website, whether based on contract, tort, negligence, strict liability or otherwise, further, the Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or any other reasons beyond the Company's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. The Company accepts no liability for any errors or omissions, with respect to any information provided to the User whether on behalf of itself or third parties.
11. RESTRICTIONS ON USE
The User shall not:
11.1
Use the services for spamming and other illegal purposes;
11.2
Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without their permission, forge another persons' digital signature, misrepresent the source, identity, or access the accounts of others without permission, misrepresent the content of information transmitted via the services, perform any other similar fraudulent activity, Use the Services for any illegal activity or otherwise purchase product or service which we reasonably believe to be potentially fraudulent;
11.3
Defame the Company, its employees, officers, directors, agents, partners and service providers, including without limitation, by posting any defamatory content on any social media;
11.4
Infringe our or any third party's intellectual property rights, rights of publicity or privacy;
11.5
Use the service if the User is below the age of 18 (eighteen) (or otherwise as permitted, as specified above) and in accordance with applicable law;
11.6
Post or transmit any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;
11.7
Refuse to cooperate in any investigation or provide confirmation of identity or any other information as asked by the Company;
11.8
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the service and the Website or features that enforce limitations in the use of the services;
11.9
Use the service in any manner that could damage, disable, overburden, or impair it, including without limitation, using the services in an automated manner;
11.10
Use any robot, spider, other automatic device, or manual process to monitor or copy the Website without prior written permission;
11.11
Reverse engineer, decompile or otherwise extract the source code related to the Website and the Services;
11.12
Interfere or disrupt the Website or the Services or networks connected to this Website or used to provide the Services;
11.13
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Website or to manipulate the User's presence on the Website; and
11.14
Use Website to collect or obtain personal information, including but not limited to financial information, about other users of the Website.
12. GOVERNING LAW AND JURISDICTION
12.1
These Terms of Use and all transactions entered into on or through the Website and the relationship between a User and the Company, in connection with the Services or otherwise, shall be governed in accordance with the laws of India without reference to conflict of laws principles.
12.2
The User agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the agreement(s) or any transactions entered into on or through the Website or the relationship between a User (or any person claiming under a User) and the Company shall be resolved by final and binding arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The sole arbitrator shall be appointed by the mutual consent of the User and the Company. The language of the arbitration shall be English and the seat of arbitration shall be Noida, Uttar Pradesh.
13. GENERAL PROVISIONS
13.1
Notice : All notices with respect to these Terms of Use from the Company will be served to the User by email or by general notification on the Website. Any notice provided to the Company pursuant to these Terms of Use should be sent to Grievance Officer.
13.2
Waiver – Any failure or delay by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right. The exercise of one or more of the Company's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by the Company shall only be made in writing and executed by a duly authorized officer of such party.
13.3
Severability : If, for any reason, a Court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. The Company may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
13.4
Assignment : The User cannot assign or otherwise transfer the Terms of Use or the Services to be received by a User, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. The Company's rights and/or obligations under the Terms of Use or in respect of the Services are freely assignable or otherwise transferable by the Company to any third parties without the requirement of seeking the User's prior consent. The Company may inform the Users of such assignment or transfer in accordance with the notice requirements under the agreement. The Company shall have right to transfer the User's account and account information to a third party or its affiliates who acquires the Company or the business of the Company.
13.5
Force Majeure : If performance of any service or obligation under these Terms of Use or other agreement by the Company is, or other third parties in fulfillment of any transaction (for eg: logistics service provider, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, pandemic, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Company or its third parties performing such services (each, a " Force Majeure Event"), then the Company shall be excused from such performance to the extent of and during the period of such Force Majeure Event. The Company shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder after the Force Majeure Event. In case of a Force Majeure Event, the User's shall not be entitled to any refunds for any amounts paid, unless specified otherwise by the Company.
13.6
Principal to Principal Relationship : The User and the Company are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between a User and the Company. As an abundant caution, it is clarified that the Company shall not have any right to conclude any contracts agreements for and / or on the User's behalf and both the User and the Company have entered this agreement on principal to principal basis.
13.7
Grievance Officer : In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of the Company for the purpose of these Terms of Use is set out below. The Company may change the aforesaid details from time to time.
Name: Mr. Mohit Sharma Email Address: support@tezipay.com Address: TR-302B, AltF Coworking Spaces, Plot No. – 21 & 21A, Sector-142, Noida, Uttar Pradesh – 201305.
14. DISCLAIMER OF WARRANTIES & LIABILITY
14.1
The Website, services, content, user content and any third party content are provided by the Company on an "As is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, Merchantability or fitness for a particular purpose, without limiting the foregoing, the Company makes no warranty that:
(a)
The Website or the services will meet the User's requirements or the User's use of the Website or the services will be uninterrupted, timely, secure or error-free.
(b)
The results that may be obtained from the use of the Website or services will be effective accurate or reliable.
(c)
The quality of the Website or services will meet the User's expectations; or
(d)
Any errors or defects in the Website through the Website/Content or from use of the services shall create any warranty not expressly stated in these Terms of Use.
14.2
The User expressly understands and agrees that, to the maximum extent permitted by applicable law the Company will not be liable for any loss that a User may incur as a consequence of unauthorized use of the User's account or account information in connection with the Website or any services, either with or without the User's knowledge. The Company has endeavored to ensure that all the information on the Website is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, software, products, functionalities, services and related graphics obtained through the Website, or otherwise arising out of the use of this Website, whether based on contract, tort, negligence, strict liability or otherwise, further, the Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or any other reasons beyond the Company's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. The Company accepts no liability for any errors or omissions, with respect to any information provided to the User whether on behalf of itself or third parties.
14.3
The Company will have no liability related to user content and/or third party content arising under Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws, the Company disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and/or third party content.
15. INDEMNIFICATION AND LIMITATION OFLIABILITY
15.1
The User agrees to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, vendors, agents and their respective directors, shareholders, officers, employees, contractors and agents (herein after individually and collectively referred to as " Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) a User's breach of the Terms of Use; or (ii) any claims made by any third party against the Indemnified Parties due to, or arising out of, or in connection with a User's use of the Website or the Services; or (iii) any claim that any content, information or materials provided by a User caused damage to a third party; or(iv) a User's violation of applicable laws or any rights of another, including any intellectual property rights.
15.2
The Company may notify the User of any claims which the User shall be liable to indemnify against for the Indemnified Parties. The User will then be required to consult with the Company regarding the course of action to be undertaken in defending such a claim. Further, the User shall not compromise or settle any claim or admit any liability orwrong doing on the part of the Company without the express prior written consent of the Company which can be withheld or denied or conditioned by the Company in its sole discretion.
15.3
Notwithstanding anything to the contrary, the Company, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or any other person for any indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use the Company's products/services and data/content or reliance on those, including without limitation, the Services and the Website, howsoever caused and regardless of the form of action (including tort or strict liability), or from any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software.
15.4
Notwithstanding anything to contrary in the agreement(s), The Company's entire and aggregate liability under and in relation to these Terms of Use or otherwise shall not exceed the greater of INR500 (Indian Rupees Five Hundred Only) or the amount of fees (less any expenses, convenience fee and delivery fee), if any, paid by a User or on behalf of a User to the Company in connection with the execution of a document. The total aggregate liability of the Company shall not exceed INR 5,000 (Indian Rupees Five Thousand Only) to any User.