These Terms of Service constitute an agreement (this "Agreement") for the provision of Lead capturing and affiliate management services by Refrens Internet Pvt. Ltd., a company based in Bengaluru, India ("Refrens") and any person or entity opening an online account with Refrens ("Customer") as specified in the information provided by Customer to Refrens in the online registration form. This Agreement is effective as of the date Customer clicks "Accepted and Agreed To" or a similar button in the process of opening an online account with Refrens (the "Effective Date"). Customer’s use of and Refrens's provision of the Cloud Services and Refrens System (each as defined below) are governed by this Agreement.
The following capitalized terms shall have the following meanings whenever used in this Agreement.
The following capitalized terms shall have the following meanings whenever used in this Agreement.
"Confidential Information" refers to the following items Refrens discloses to Customer: (a) any document Refrens marks "Confidential"; (b) any information Refrens orally designates as "Confidential" at the time of disclosure, provided Refrens confirms such designation in writing within seven (7) business days; (c) the Documentation, this Agreement, Customer Order, the Customization Services Addendum, Statements of Work and any communications between Refrens and Customer in relation to this Agreement or the Customization Services Addendum, whether or not marked or designated confidential; and (d) any other nonpublic, sensitive information disclosed by Refrens, whether or not marked or designated "Confidential". Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Customer's possession at the time of disclosure; (ii) is independently developed by Customer without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of Customer's improper action or inaction; or (iv) is approved for release in writing by Customer.
Customer shall defend, indemnify, and hold harmless Refrens and each of the Refrens Associates (as defined below) against any "Indemnified Claim", meaning any third party claim, suit, or proceeding arising out of or related to Customer's alleged or actual use of, misuse of, or failure to use the System, including without limitation: (a) claims by Users or by Customer's employees, as well as by Customer’s own customers; (b) claims related to unauthorized disclosure or exposure of personally identifiable information or other private information, including Customer Data; (c) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the System through Customer’s account, including without limitation by Customer Data; and (d) claims that use of the System through Customer’s account harasses, defames, or defrauds a third party or violates the CAN-Spam Act of 2003 or any other law or restriction on electronic advertising. Indemnified Claims include, without limitation, claims arising out of or related to Refrens’s negligence. Customer’s obligations set forth in this Article 9 include retention and payment of attorneys and payment of court costs, as well as settlement at Customer’s expense and payment of judgments. Refrens will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations. (The "Refrens Associates" are Refrens’s officers, directors, shareholders, parents, subsidiaries, agents, representatives, advisors, successors, and assigns.)
In further consideration of the rights granted hereunder to Customer, Customer agrees to permit Refrens to use Customer's name and trademarks and service marks to identify Customer as a Refrens's customer on the Website, in Refrens's marketing materials and in other sales and marketing activities, provided that Customer does not notify Refrens in writing of its revocation of such permission. Customer agrees to cooperate with Refrens in reasonable publicity efforts involving the System, such as, for example, media releases and marketing materials in accordance with Refrens's reasonable request.
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY Refrens Internet PRIVATE LIMITED ("COMPANY"). BY AGREEING TO THESE TERMS AND CONDITIONS AND USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
Refrens is an invoicing and payments software provider. We enable businesses and service providers to create Invoices, Bill of Supply, Estimates and Contracts. Businesses may also enable payments feature, whereby Refrens or its partners provide the technology and mechanism for the business’s clients to pay for an invoice or otherwise transfer money to the business through electronic mechanisms. Refrens is not liable to the clients for any shortfall in actual service provided by the businesses. Refrens does not guarantee payment of invoices by the customer’s clients. Refrens only acts as the software service provider to enable the payment flow.
The Refrens Website and domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by the Company in connection therewith (collectively, the "Website") are owned and operated by the Company. Subject to the terms and conditions of this Agreement, the Company may offer Seller to use the Services for providing or listing certain Products, as described more elaborately on the Website, and that have been selected by you (together with the Website, the " Services"), solely (whether or not) for your own use, and not for the use or benefit of any third party. The Company reserves the right, to change, suspend or discontinue the sale of such Products at any time, including the availability of any feature, database, or Content. Company may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability. Company reserves the right to amend this Agreement from time to time, with/without notice to the Registered Users. Any changes or modifications made to this Agreement by Company shall be effective immediately. It shall be your responsibility to review these Terms of Service upon notification and your continued usage of the Services offered by the Website shall constitute agreement to such updated terms and conditions. By continuing to use the Service after those changes become effective, you are agreeing to be bound by the revised Terms of Service; if you do not agree to the change, do not use the Services after the change is effective, in which case the changes will not apply to you. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.
The Company reserves the right to prevent you from using the Website and the Service (or any part of them) and to prevent you from making any transaction on the Website. The Company reserves the right in its sole discretion to accept/refuse /reject registration or acceptance of Order placed using the Services or part thereof, without any obligation of explanation.
The Company shall not be responsible or held liable for any delivery of the Services or Products purchased by the client on the Website. The responsibility of delivering the Products or services is performed either by a third party or the Business, but not by the Company. The Company shall not be held liable for any delay in delivery of the services or Products due to any reason whatsoever.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Products, Services, Content or Product Information available through this Website meet your specific requirements.
You represent and warrant to the Company that: (i) you are an individual or a legal person, who is at least 18 years old; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement or required Content of this Agreement shall be considered void, where prohibited by law, and the right to access the Services is revoked in such situations and jurisdictions. We reserve the right to terminate your membership/registration and/or refuse to provide you with access to the Services if it is brought to our notice or if it is discovered that you are under the age of 18 years.
You represent and warrant to Company that: (i) you are of legal age and you can form a binding contract with us and you are not prohibited by law (of your respective country) from accessing or using the Services; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. If you believe that we might have any information from or about a child under 18, please contact us at email@example.com.
The Services and its Contents, including the Products are intended solely for the personal use by the Users and may only be used in accordance with the terms of this Agreement. All Products or materials displayed on the Website or during the performance of the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content," and which includes User Submissions)) are protected by copyright, owned by Refrens. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services provided on the Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever, any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party rights.
The Services provided whether or not as a collective work and/or compilation, are protected pursuant to the copyright laws, international conventions, and other intellectual property laws of the territory where the Services are performed. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may not download or copy the Content (and other items displayed on the Services) for any unauthorized use. You shall not store any significant portion of any Content in any form, unless permitted under this Agreement. Copying or storing of any Content is expressly prohibited without prior written permission from the Company or from the copyright holder identified in such Content’s copyright notice. In the event, you are linked to the Website, Company shall reserve the right to revoke your rights and link at any time, at the Company’s sole discretion. Company reserves the right to provide consent for approving your request or rejecting your request for linking before or at the time of linking to the Website.
For clarity, (a) regardless of the terms "Sale," "Seller," "Client", a Client of a Product is obtaining only the rights specified above (and is not purchasing any intellectual property rights in the Products) and the Seller retains the intellectual property rights in such Product (if allowed by virtue of the applicable law) and the right to grant additional non-exclusive rights to others and (b) the Services provided are only a platform that facilitates the transaction between a Business and a Client with respect to Services, but the Company is not and shall not be considered a party to such transaction and has no responsibility for such transaction or for the Products or for any dispute between any Client and Seller.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such Content is originated and that the Company will not be liable for any errors or omissions in any of the Content, provided by the Seller or any other person. You understand that the Company does not provide any guarantee on the identity of any other users (acting as or on behalf of Client/Seller) with whom you may interact in the course of using the Services. Additionally, the Company cannot guarantee the authenticity of any data which users or merchants or Sellers may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
PLEASE NOTE THAT THE PURCHASE OF ANY SERVICES WITH ASSISTANCE FROM THIS WEBSITE IS A PRIVATE CONTRACT BETWEEN THE SELLERS AND THE CLIENTS, CHOOSING TO PURCHASE SUCH SERVICES. THE COMPANY IS MERELY AN ONLINE INTERMEDIARY FACILITATING THE TRANSACTION IN A LIMITED CAPACITY AND DOES NOT BEAR ANY RESPONSIBILITY FOR DELIVERY, AUTHENTICATION OR ANY OTHER KIND OF LOGISTICAL SUPPORT UNLESS EXPRESSLY MENTIONED.
All commercial/contractual terms are offered by and agreed to between the Clients and BUSINESSES alone. The commercial/contractual terms include without date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the BUSINESS and CLIENTS.
Company does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the Products or services proposed to be sold or offered to be sold or purchased on the Website. Company does not implicitly or explicitly support or endorse the sale or purchase of any Products or services on the Website. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Company is not responsible for any non-performance or breach of any contract entered into between you and Sellers. Company cannot and does not guarantee for the performance of any transaction concluded on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between BUSINESS and CLIENTS.
Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
You shall independently agree upon the manner and terms and conditions of booking, time, venue, delivery, insurance etc. with the Seller(s) that You transact with. We are not an authorised agent of any Seller, service provider(s) or any such third party and we are only an online intermediary.
Disclaimer: Pricing on any Products as is reflected may due to some technical issue, typographical error or product information published on the Website may be incorrectly reflected and in such an event, Company or the Seller reserves the right to cancel any such orders as requested and refund the amount ( if any) received from the User. The Company shall not be responsible for any such error/s or incorrect information provided by Seller; as providing the price of the Product is the sole responsibility of the Seller.
You release and indemnify Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Company cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of the Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
Your use of the Services and tools on the Website and any transactions made through the Website are governed by the policies applicable to the Services, listed on the platform/Website. You agree not to, host, upload, publish, transmit, update, share, sell or purchase any Product, items and activities through Services, which includes, but is not limited to, the following:
The Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if the Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
You, not the Company, remain solely responsible for all the Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to the Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Mail list, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You understand and agree that the Company shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Section, and shall have sole discretion regarding the course of action to take in connection therewith.
The Company has no special relationship with you or any fiduciary duty towards you. You acknowledge that Company has no control over, and no duty to take any action regarding: which Users gain access to the Services; what Content you access via the Services; what effect the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. The Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of Products offered or purchased through the Services. Products purchased (whether or not following such recommendations and suggestions) or the Services provided on the Website are provided "AS IS" without any warranty of any kind from the Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND FROM THE COMPANY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The Company, its affiliates, officers, employees, agents, partners and licensors make no representations or warranty of any kind, express or implied, including but not limited to, that (i) the Services of the Website will meet your requirements or set standard of expectations (ii) the Services of the Website will be uninterrupted, timely, secure, accurate or error-free; (iii) the results that may be obtained or expect to be obtained from the use of such Services will be accurate or reliable; (iv) the quality of any Products, Services, Product Information or other Content will meet your expectations or requirements.
The Registered User shall be required to provide KYC information/details to the Company, such as electronic copies of identity proof, address proof and any other such document mandated under the law, and shall be uploaded by the User in soft copy form at the time of registration and/or provided to the Company as and when sought. The Company has the sole right to activate/deactivate your account on the Website, upon receiving the registration information provided by the User, upon scrutinizing the veracity of the details provided. For the purpose of KYC and Company records, Company has the right to seek the self-attested copies of the documents, as submitted during/post the registration process.
Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID, a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID, a name subject to any rights of a person other than you without appropriate authorization. The Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to the Company, and you are consenting to have the information in those accounts transmitted into your Company account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Service, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
You will indemnify, defend, at the Company’s option, and hold the Company, its parents, subsidiaries, affiliates, officers, associates successors, assigns, licensors and employees, the Website or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, franchisers and vendors harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or due to any infringement by you or any third party using your account of any intellectual property or other right of any person or entity, or your provision of defective or sub-standard goods/services through this Website, or your breach of terms of conditions agreed by you to a Client in transaction facilitated by this Website.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT OR FOR ANY LOSS OF PROFITS, REVENUES OR USE, OR THE LOSS OR CORRUPTION OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, STATUTORY OR INDIRECT DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF THESE DAMAGES. THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY WHETHER LIABILITY ARISES FROM BREACH OF THIS AGREEMENT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OPERATION OF LAW, EQUITABLE THEORY OR OTHERWISE. THE AGGREGATE LIABILITY OF THE COMPANY HEREUNDER WILL IN NO CASE EXCEED THE LESSER OF INR 100 OR THE FEES PAID BY YOU TOWARDS THE USAGE OF THE SERVICES / WEBSITE FOR THE LAST TRANSACTION; FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS; OR FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. IN CONDITIONS WHERE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE MENTIONED LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE SERVICES, ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE SERVICES ARE PROVIDED ON BEST EFFORT BASIS, WITHOUT GIVING ANY WARRANTY RELATING TO ANY COMMITMENT TO PERFORM SERVICES AT SPECIFIED TIME AND/OR ON SPECIFIED DATE. THE WEBSITE IS NOT HACK PROOF. THE WEBSITE AND THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
You can place the order for the Products listed by the Seller at a price as shown or provided by the Seller. You need to place an order by making payment through available or provided payment modes. Prices listed are in Indian Rupees (unless specified) and are subject to change from time to time, at the sole discretion of the Seller. The Company reserves the right to require payment of fees for certain or all Services, in addition to the fees charged for the purchase and sale of any Product. You shall pay all fees, as described on the Website in connection with such Services selected by you.
For the services rendered by the Company, it charges a Platform Fee on each transaction between Client and Seller, which it deducts from the payment made by the Client. The Company, at its sole discretion, reserves the right to modify the Platform Fee from time to time. The Seller shall bear and be responsible for any applicable federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes) relating to the subject matter hereunder, excluding taxes based upon the Company’s net income; if there is any withholding required, the Seller will pay any amount specified on the Website without reduction for the withholding amount and will also pay the withholding amount to the applicable authorities.
Payments to the Seller shall be paid out by the Company, subject to a minimum account balance in the Seller’s account and provided that the Seller has provided his correct account details during the registration of its account on the Website.
The Company reserves the right to change pricing and payment policies and to institute new charges at any time, upon notice to the Seller, which may be sent by email or posted on the Website. All payments need to be made online and no offline payments are permitted by the Company.
User understands and acknowledges:
We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit.
As a general rule, no refund will be provided until and unless such circumstances exist that the Company deems fit to refund the transaction money.
A Client may submit a claim for a refund for a purchase made by emailing at firstname.lastname@example.org and providing a clear and specific reason for the refund request and the exact terms that have been violated. Whether a refund will be provided will be determined by the Company, in its sole discretion. Refund requests must be submitted within 10 days of the purchase or within any such duration, as indicated by the Sellers.
In case a Client has a dispute with the Seller where he/she wants a refund for the amount paid to the Seller, Client should create a case using the link on the transaction mail within 10 days from the date of transaction/purchase or placing the Order. In case of failure to do so by the Client, he/she agrees that it absolves the Company from any responsibility to facilitate the resolution of such dispute.
The Client agrees not to dispute/chargeback the transaction with his/her credit card issuing bank without informing or obtaining prior consent of the Company.
A transaction may be reversed or charged back to your account if it is disputed by the Client, reversed for any reason by the Network, deemed to be fraudulent, deemed to be in violation of this Agreement, or we have any reason to believe that the transaction was not completed in good faith.
For any transaction that results in a chargeback, the Company may withhold the transaction amount from your account. If your account has any pending resolution of any chargebacks, the Company has the discretion to delay your next payout(s). The Company reserves the right to withhold from your account the amount of one or more transactions, if it believes that there is a significantly increased risk of a chargeback occurring on these transactions. The Company may also charge you a fee for each refund, or chargeback, or dispute incurred.
If your account is incurring a significantly high volume of chargebacks according to the Company, the Company reserves the right to (a) suspend your account, (b) increase processing fees, (c) withhold payouts, (d) increase holding period for your funds to be paid out, (e) implement a rolling reserve.
The Company reserves the right to charge a "Penalty fee" from the Users, including Clients and Sellers, for abusing the platform, towards the charges incurred for the investigation, operational handling and legal consultation charges.
Company will have the right to inspect and audit User’s records relating only to the Services performed during normal business hours, for the Term of the Agreement and for a period of one year thereafter at its own cost.
The Company reserves the right to investigate and verify the authenticity of the information shared by the Seller to the Company or the Client, with regards to the business model, purpose of payments, and/or Transactions that the Company considers suspicious or fraudulent in nature, anytime. Any representative of the Company may contact the Clients or the Issuer Bank of Clients (whose card or net-banking was used to make the payment) directly to verify the details provided by the Seller.
For such investigations, Sellers are required to co-operate in the investigation process and provide any such documents, including, KYC documents (self-attested), copy of any such License required to sell/collect payments for such products / services, invoices, proof of delivery, details of the Client, details of the medium through which the payment was made/collected, and "Authorisation Mail" from the Clients / Card holders (whose card or net-banking was used to make the payment), or any other document to the Company on demand.
The Company reserves the rights to withhold payouts of the Seller completely or partially till such investigation is completed to the satisfaction of the Company. If the Seller does not co-operate in such investigations, the Company may terminate the Seller's account in accordance with Clause 13 and refer the account and the matter to the appropriate regulatory body that the Company may deem fit for further investigation.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release the Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. THE COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. The Company may terminate or suspend your access to the Services or your membership or registration at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. The Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. On termination of your account, the Company has the right to refund your transactions, or keep your funds on hold for a period, as deemed fit by the Company, from the date of termination post which such amount shall be released to your account or any such account as directed, in accordance with the then applicable laws. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The Company, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person or User in writing or through email signed with electronic signature about any such information which is not authorized to be displayed while using the Services, including, not limited to, the details as provided in the above mentioned Section 4, the Company shall act within thirty six hours or at the time the Company is aware of such information being posted and where applicable, work with User or owner of such information to disable such information that is in contravention and not authorized to be displayed on the Website or in the Services provided. Further, the Company shall preserve such information and associated records for at least ninety days or for any number days, for investigation purposes. Post internal investigation(s), if any, conducted by the Company and post ceasing the right(s) of the Seller or the User or any other relevant party to access or use the Services, Website, and any Content, Company reserves the right to disclose any and all information to the relevant governmental authorities, for any further actions to be taken under the law. The Company reserves the right to take any such action, on any suspicious and/or reasonable ground(s).
In case the Company receives considerable amount of Client complaints or dispute cases on Resolution Center or Chargeback or by any other means, the Company becomes aware of the fact that the Seller has misrepresented their business activities/Product/Services or has used Company's Services or the platform provided to collect payments for purposes other than what was disclosed to the Company, the Company reserves the right to suspend or terminate the Seller's account permanently and refund the transactions to the Client's to the instrument through which the payment was made or received by the Company.
In case the amount not released to the Seller is more than the refund amount or amount to be refunded to the Client, the Seller is required to make necessary payments to the Company to execute the refunds. Failing to recover the refunds paid to the Client or to be paid to the Client, the Company reserves the right to make all reasonable collection efforts and/or file a law suit or complaint or take any legal recourse available to the Company, against the Seller or any of the Seller’s representatives, as per the details provided by the Seller to Company.
In an event, where the Company is unable to provide refund to the Clients for the transaction(s), for the reasons which includes, without limitation, ascertaining the actual payers, the Company reserves the rights to take appropriate legal actions and report the matter to law enforcement agencies such as Cyber Crime Division, Computer Emergency Response Team, Economic Offenses Wing, Financial Intelligence Unit and any other appropriate regulatory body and shall continue to withhold the amount in its accounts or deposit or transfer the amount to the concerned account(s), as directed by the competent regulatory authority.
All notices addressing to the Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to support services at email@example.com.
We have and continue to have the right to modify, change or update this Terms of Service and any other policies as provided on the Website, at any time by reasonably highlighting on the Website about such change. Such changes shall be effective immediately upon posting to the Website. You are advised to keep a regular check and update on the Policy updates on the Website.
Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable respectively for using payment facility and our Website.
Without limiting the foregoing, under no circumstances shall the Company, its affiliates, officers, employees, agents, partners and licensors be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Website and Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.
The Website will also post, display, publish or provide links of advertisements of advertisers on the Website at various places on the Website. The places of such Advertisements shall not be fixed. These advertisers might set cookies on Website which shall use your data, information for various other links. If you would like to know more information about this practice and to know your choices about not having this information used by any company, please refer to the relevant policy of such advertiser for more information.
We do not endorse or recommend or market or warranty the advertisements or advertisers or quality, suitability, merchantability, fitness, commitment, reasonability of the Product and/or services offered by such advertisers. We are not responsible for any of these advertisers as these will by third party advertisers. If you intend to deal with the advertisers, you shall directly deal with them at your entire risk and volition and Company shall not be made a party or forced party in any such conflicts.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub licensable by you except with the Company’s prior written consent. The Company may transfer, assign or delegate this Agreement and its rights and obligations without any consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.
Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. You and the Company agree there are no third party beneficiaries intended under this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the India, without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Surat, India in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 and any amendments thereof by one or more arbitrator(s) appointed mutually by the parties in accordance with those regulations. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief at any time. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Surat, India.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at firstname.lastname@example.org.