Adore Delivery PVT. LTD. TERMS AND CONDITIONS
Data Privacy and Security Policy: This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable. This electronic record is generated by a computer/electronic system and does not require any physical or digital signatures.
Important: “I hereby agree and permit the Bank to use my personal information (including sensitive personal data) and to share the same with statutory/regulatory/law enforcement authorities and payment networks, for monitoring and/or reporting purposes.”
Agreement: This user agreement is a legal agreement between you (either an individual, company, or, if purchased or otherwise acquired by or for an entity, an entity) and DEEPAKCSPSATHI. Read it carefully before completing the login process and using the website and/or applications. The use of this website and/or application and the content contained therein is governed by the following terms of use. When you use this site, you acknowledge that you have read the terms of use and that you accept and will be bound by the terms and conditions. If you do not agree to or wish to be bound by the terms of use, you may not access or otherwise use the website. These terms may be modified from time to time without notice to you by posting revised terms on our sites.
In order to use the website and/or applications, you must first read and accept the terms of this license.
- Company refers to Adore Delivery PVT. LTD.
- The Company is in the electronic transaction processing business, engaged in the business of online transactions of various services like recharge (Mobile, DTH, Digital Wallet Top-ups), reservations, bill payments, cash cards, insurance, wallets, cash management service (cash point), e-shopping, micro ATM, AEPS, and other related business on a real-time basis through its network under a B2B model across the country and owns software which is a flexible and secure solution for payments, cash collections, validation, and settlements.
- The USER is desired to offer the above-mentioned services to the customer from its locations and desires to use the DeepakCspsathi application which runs on desktops, laptops, and mobile phones using Android, Windows, iOS, and Java platforms.
- The Company has developed its official website and/or application namely cspsaathi.in and cspsaathi.com, which has the features or offers to operate the business of FastDial and also developed applications that can be run on mobiles or desktops.
- The USER has approached the Company and requested the Company to provide service to the USER to purchase any products and/or services of the Company by using the Company's website and/or applications or using any other customer interface channels of the Company which includes its advertisements, information campaigns, etc., to permit them to use the website and/or application.
- The Company accepted the offer of the User and wishes to have a business relationship subject to the following terms and conditions.
- Customer refers to individuals or businesses using the services.
Definitions
- Acceptance of Terms
By using the Services, Customers agree to these Terms and Conditions.
- “Authorization” includes an authorization, consent, clearance, approval, permission, resolution, license, exemption, filing, and registration;
- “Encumbrance” includes a mortgage, charge, lien, pledge, hypothecation, security interest, or any lien or any right of any description whatsoever;
- A gender shall include references to the female, male, and neuter genders;
- “Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site.
- “Content” also includes Marks and Products and Services.
- “Mark” means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
- “Member” means an individual who has registered with the Site. Members choose a Member ID and a password.
- “Member ID” means the Unique ID you use (with your password) to login to the Site.
- “Products and Services” means the services and products offered by the FastDial under the B2B model through the Site.
- “Confidential Information” means any and all information in whatever form whether disclosed orally or in writing or whether eye-readable, machine-readable, or in any other form including, without limitation, the form, materials, and design of any relevant equipment or any part thereof, the methods of operation and the various applications thereof, processes, plans, strategies, data, know-how, designs, photographs, drawings, specifications, technical literature, and any other material made available by one Party to the other Party or gained by the visit by one Party to any establishment of the other Party whether before or after this Agreement is entered into, for the purpose of considering, advising in relation to, or furthering the negotiations (and any information derived from such information).
Terms of Website User(s) Eligibility
User(s) means any person who uses and has the right to use the services provided by FastDial on this website and/or application.
The services are available to those persons who can form legally binding contracts under the applicable law. Therefore, user(s) should not be a minor or otherwise incompetent as per Indian Law; i.e. user(s) must have completed the age of 18 years of age to be eligible to use company online services.
Company advises its users that while accessing the website, they must follow/abide by the applicable laws. FastDial is not responsible for the possible consequences caused by your act/behavior during the use of this website and/or application. FastDial may, in its sole discretion, refuse the service to anyone at any time without assigning any reason.
Term and Termination
This Agreement shall take effect and become binding upon the Parties immediately after the party has signed up into the website and/or application.
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This Agreement may be terminated by the company immediately without any reason thereof, if the user misuses the website and/or application or does not comply with the terms and conditions of this agreement.
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Upon termination of this Agreement for whatever reason, all the rights and obligations of the Parties hereunder shall cease.
Users' Responsibility of This Agreement
The Company agrees to make every effort to ensure that the description and content on each page of the website and/or application is correct, it does not, however, take responsibility for changes that occur due to human, data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, the Company does not own or operate the services of service providers and cannot therefore control or prevent changes in the published descriptions. The Company reserves the right to make changes therein from time to time.
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The USER should not take any action based on information on the website and/or application until received a confirmation of the transaction. If you have not received a confirmation of the purchase via e-mail or SMS, (check in “spam” or “junk” folder to verify that it has not been misdirected), and if still not found, USER shall contact customer service department of the Company.
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The Company agrees to take all measures to exclude viruses from the website and/or application, but cannot ensure that the website and/or application will be at all times free from viruses or other destructive software. The USER shall take appropriate safeguards before downloading information from the website and/or application. The Company shall not hold any responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the website and/or application.
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The Company’s website and/or applications may contain links to other websites and/or applications. The linked sites are not under the control of the Company and hence, the Company is not responsible for the content of any linked site, or any changes and updates to a linked site. The Company is providing these links to the USER only as a convenience, and the inclusion of any link does not entail endorsement by the Company of the site or any association with its operators or owners.
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The Company acts only as a business agent, it accepts no liability whatsoever for any part of the arrangements between the supplier and the customer with regard to the standard of service. In no circumstances shall the Company be liable for the services provided by the supplier/third party.
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The USER agrees that, they shall not post or transmit any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. The Company assumes no liability or responsibility arising from the contents of any communications containing any defamatory, erroneous, inaccurate, libelous, obscene or profane material. The Company may change, edit, or remove any user material or conversations that are illegal, indecent, obscene or offensive, or that violates the Company’s policies in any manner way.
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The Company agrees to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting such materials.
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Any communications or materials sent by the USER to the website and/or application by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by the Company, as non–confidential. The USER hereby gives up any and all claim that any use of such material violates any of rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way the Company uses such material. Further, any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by the Company.
Ownership
It is agreed between the parties that all materials on the website and/or application, including but not limited to audio, images, software, text, icons and such like (the “Content”), belong to CSPSAATHI. The USER shall not use the Content, except as specified therein. The USER agrees to follow all instructions on the website and/or application limiting the way USER may use the Content. The website and/or application is the sole and exclusive property of the Company or its licensors. The Company and its licensors retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website and/or application. Any unauthorized use, reproduction, or modification of the website and/or application may violate the applicable laws.
There are a number of proprietary logos, service marks, and trademarks found on the website and/or application whether owned/used by the Company or otherwise. By displaying them on the website and/or application, the Company is not granting the USER any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate the laws of privacy and publicity.
Payments Terms
The Company reserves the right to transaction fees based on certain completed transactions using the services. The Company further reserves the right to alter any and all types of fees/renewal charges/usage charges, etc., from time to time, without notice. The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
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In the rare possibility of the transaction not being initiated or confirmed, the Company is not under any obligation to make another transaction in lieu of or to compensate/replace the unconfirmed one. All subsequent further transactions will be treated as new transactions with no reference to the earlier unconfirmed reservation.
Usage of Mobile Number of the User by the Company
The Company agrees to send transaction confirmation & other information to update the USER on the transaction status and any further information via SMS (short messaging service) on the mobile number given by the USER at the time of booking. The USER hereby unconditionally consents to such intimation via SMS by the Company in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad.
Right to Cancellation by the Company in Case of Invalid Information from the User
The USER expressly undertakes to provide the Company only correct and valid information while requesting any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would breach this agreement and shall disentitle the User from availing the services from the Company.
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In case the Company discovers or has reasons to believe at any time during or after receiving a request for services from the USER that the request for services is either unauthorized or the information provided by the USER or any of them is not correct or that any fact has been misrepresented by them, the Company, in its sole discretion, shall have the unrestricted right to take any steps against the User(s), including cancellation of the transactions, etc., without any prior intimation to the User. In such an event, the Company shall not be responsible or liable for any loss or damage that may be caused to the USER or any of them as a consequence of such cancellation of transaction or services.
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The User unequivocally indemnifies the Company of any such claim or liability and shall not hold the Company responsible for any loss or damage arising out of measures taken by the Company for safeguarding its own interest and that of its genuine customers. This would also include the Company denying/cancelling any transaction on account of suspected fraud transactions.
Privacy and Security
The user hereby consents, expresses, and agrees that they have read and fully understand the Privacy Policy of the Company contained in the Company website and/or applications and hereby consents that the terms and contents of such Privacy Policy are acceptable to them.
Limitation of Liability
Subject to applicable law, use of the website and/or application and its Content is at the user's own risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of the Company.
Confidentiality
Each of the Parties recognizes, accepts, and agrees that all information obtained or disclosed, including but not limited to all data, documents, applications, papers, statements, slips, programs, plans, and/or any business/customer information, marketing strategies/plans and any and all other trade secrets, confidential knowledge or information of either Party relating to its business, practices and procedures (hereinafter collectively referred to as “Information”) which may be provided or communicated by such Party to the other Party in connection with this Agreement and/or in the course of performance under this Agreement, is, shall be and shall remain the sole property of the Party providing such Information and shall be of a strictly private and confidential nature and shall be treated as confidential by the other Party.
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During the term of this Agreement and thereafter, neither Party shall make use of any such Information for any purpose whatsoever which is not necessary for the discharge of its obligations under this Agreement, or to the disadvantage of the Party providing such Information, nor shall the Party receiving such Information divulge it to anyone other than the Party providing the Information or persons designated by such Party.
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All Information shall be returned forthwith by the Party receiving such Information to the Party providing the Information on the expiry or termination of this Agreement.
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Provided that the Party receiving such Information shall, upon demand by the Party providing it at any time during the term of this Agreement, return to the Party providing it, any and all Information.
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The obligations of each of the Parties contained in this clause shall continue for the term of this Agreement and five (5) years after the termination of this Agreement but shall not apply to any Information which: (a) is or hereafter comes into the public domain otherwise than through a breach by any Party of its obligations under this Agreement; (b) is, at the time of disclosure, already known to the Party receiving the Information as evidenced by such Party’s written documentation; (c) is independently developed by employees of the Party receiving the Information who have not had access to or received any such Information under this Agreement; or (d) is required to be disclosed for the purpose of providing Assistance hereunder subject to the other Party’s prior consent to the same: Provided, however, that nothing contained in this clause shall prevent any Party from disclosing such Information to the extent required in or in connection with legal proceedings arising out of this Agreement or any matter relating to or in connection therewith.
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Neither Party shall issue any public statement concerning these arrangements or disclose the contents hereof or matters related thereto to the public or any third party except with the express prior written approval of the other Party or except as required under applicable law.
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The provisions of this clause shall survive the termination or expiry of this Agreement.
Right to Refuse
Without prejudice to the other remedies available to the Company under this agreement, the TERMS OF SERVICE or under applicable law, the Company may limit the users activity, or end the users listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website and/or application if:
- The user is in breach of this agreement, the TERMS OF SERVICE and/or the documents it incorporates by reference;
- The Company is unable to verify or authenticate any information provided by the user; or
- The Company believes that the user's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or application and/or the Company.
a. Reinstatement and Registration
The Company may at any time in its sole discretion reinstate suspended users. Once the user has been indefinitely suspended the user shall not register or attempt to register with the Company or use the website and/or application in any manner whatsoever until such time that the user is reinstated by the Company.
b. Recovery and Legal Action
Notwithstanding the foregoing, if the USER breaches this agreement, the TERMS OF SERVICE or the documents it incorporates by reference, the Company reserves the right to recover any amounts due and owing by the user to the Company and/or the service provider and to take strict legal action as the Company deems necessary.
FORCE TERMS
The USER agrees that there can be exceptional circumstances where the service operators may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If the Company is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The user agrees that the Company being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
- The User agrees that in situations due to any technical or other failure In the Company, services committed earlier may not be provided or may involve substantial modification. In such cases, the Company shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of the Company against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
- The Company shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.
- Without prejudice to whatever is stated above, the maximum liability on part of the Company arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by the Company for its services.
- In no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Company website and/or application(s) or any other channel. Neither shall Company be responsible for the delay or inability to use the Company website and/or applications or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Company website and/or application(s), or otherwise arising out of the use of the Company website and/or application(s), whether based on contract, negligence, strict liability or otherwise.
- The Company is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website and/or application pages.
INDEMNIFICATION
The USER agrees to indemnify, defend and hold harmless the Company and/or its affiliates, their website and/or applications and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company and/or its affiliates, partner website and/or applications and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement. The user shall be solely and exclusively liable for any breach of any country specific roles and regulations or general code of conduct and Company cannot be held responsible for the same.
GOVERNING LAWS AND ARBITRATION
Any dispute, difference, controversy or claim (“Dispute”) arising between the Parties out of or in relation to or in connection with this Agreement, of the breach, termination, effect, validity, interpretation or application of this Agreement or as to their rights, duties or liabilities there under, or as to any act, matter or thing arising out of, consequent to or in connection with this Agreement, shall be settled by the Parties by mutual negotiations and agreement. If, for any reason, such Dispute cannot be resolved amicably by the Parties, the same shall then be referred to and settled by way of arbitration proceedings in accordance with the Arbitration and Conciliation Act, 1996 or any subsequent enactment or amendment thereto (the “Arbitration Act”). A sole Arbitrator shall be appointed by the Company. The decision of the Arbitrator shall be final and binding upon the Parties. This Agreement shall be construed in accordance with the law of India.
JURISDICTION
The Company hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. The Company considers itself and intends to be subject to the jurisdiction only of the courts of Lucknow, India.
MISCELLANEOUS
This Agreement represents the entire Agreement between the Parties as to the subject matter hereof and supersedes all prior understandings between the Parties on the subject-matter hereof.
- No amendments and/or modifications to this Agreement shall be valid unless executed in writing and signed by authorized persons of the both Parties.
- Termination of this Agreement for any reason whatsoever shall not release a Party from any liability which, at the time of termination, has already accrued to the other Party or which may thereafter accrue in respect of any act or omission prior to such termination.
- Article headings are inserted for convenience of reference only and shall not be deemed to affect the interpretation of this Agreement or of any clause.
- Each Party shall co-operate with the other and execute and deliver to the other such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, give effect to and confirm their rights and the intended purpose of this Agreement.
- No remedy conferred by any of the provisions of this Agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, or any other remedy given hereunder or now or hereafter existing at law, in equity, by statute, or otherwise, except as stated to the contrary in this Agreement. The election of any one or more of such remedies by any of the Parties hereto shall not constitute a waiver by such Party of the right to pursue any other available remedy.
The provisions of the following clauses of this Agreement shall survive the termination or expiry:
