OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES
MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS /
RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.
1.1 These terms and conditions ("Terms and Conditions") and all applicable
Policies (as defined below) which are herein incorporated by way of reference govern
your rights and obligations as an User (defined below) of the Platform(s) (defined
below) while accessing and using the Platform(s) and/or availing the services on
the Platform, as may be rendered by Solvy Tech Solutions Private Limited, a company
incorporated under the provisions of the (Indian) Companies Act, 1956, having its
registered office at having its registered office at Level 2, Elegance Tower, Jasola
District Centre, Mathura Road, New Delhi -110025 ("Company") through the
easypos.in (hereinafter collectively referred to as the "Platform") to User
from time to time. Any reference to "you" or "User" or "User’s" in these Terms and
Conditions, means you the User of the Platform, browsing and/or taking the services
including free trial, offered by the Company on the Platform ("Products").
1.2 As a User, your access to and use of the Platform are conditional upon your acceptance of and continuous compliance with these Terms and Conditions at all times. By accessing, browsing and/or using the Platform and/or availing any of the services including free trial, you agree to be bound by these Terms and Conditions and all rules, guidelines, policies, terms and conditions applicable to the Platform of the Company ("Policies"), as may be modified by Company from time to time, which shall be deemed to be incorporated in these Terms and Conditions by reference, unconditionally and at all times. The Company shall have the sole right to change, modify, add or remove these Terms and Conditions or any of its Policies or and add new features relating to the Platform, at any time without any prior written notice or intimation. It is hereby clarified that each User shall be responsible for reviewing the Terms and Conditions and Policies on the Platform periodically and keep themselves updated.
The services on the Platform are only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872 (Contract Act). Any person who shall be considered as incompetent to contract as per the provisions of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Platform (User). Any person using the services on the Platform on behalf of a proprietor/ partnership/ firm/ company, represents and warrants that it is duly authorized by the User to accept the Terms and Conditions and the Policies and that such person has the authority to bind the User to these Terms and Conditions and the Policies
You may access and use the Website and the Services either as a registered user
or as a guest user. However, not all sections of the Website and Services will be
accessible to guest users.
In order to access and use the Services, Users will need to:
All Users agree to provide true, accurate, current and complete Account Information, and to maintain and promptly update their Account Information in order to ensure that it remains true, accurate, current and complete.
If a User does not comply with these Terms, Company may, at its discretion and with or without notice, cancel or suspend that User's account and refuse to provide Services to that User.
Company reserves the right to cancel or suspend any User's account at any time in
its sole discretion, and all Users are entitled to cancel their account with Company
at any time. All cancellations will result in the deactivation or deletion of the
An email or phone request to Company to cancel a User account is not considered cancellation. Users may only cancel their account through the Website. If a User elects to cancel its account, cancellation will not become effective unless and until no money is owing on that User's account. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
ALL of your data and content will be deleted from our systems immediately upon cancellation of your account. This content cannot be recovered once your account is cancelled. Company is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
Users may downgrade their accounts (for example, from Large to Medium or Small,
or from Medium to Small) at any time by following the steps on the Website. The
downgrade will become effective immediately. No refunds will be paid in respect
of any unused portion of any higher account offering.
Downgrading your Services may cause the loss of content, or features of capacity of your account. If you choose to downgrade your account, Company does not accept any liability for the resulting loss of data, content, features or capacity.
All Services are charged in advance on a monthly basis and are non-refundable, including for partial months of Services, Service upgrades or downgrades or unused Services in an open account. Company will not be held liable in any way for any lack of refunds in connection with the Services. A valid credit card number is required for paying all User accounts.
If a User is carrying out a free trial of the Services (as offered on the Website), the free trial will begin on the day that the User's account is opened and ends 14 days later. At the end of the free trial period, Users will need to provide a valid credit card number in order to further use the Services.
Company will charge a User's credit card for any upgrade that a User opts for in respect of the Services at the start of the User's next billing monthly cycle.
For financing services all payment will be processed in 4 working days from date of transaction upon submission of sufficient documents i.e. invoice, proof of delivery etc. as requested by Company from time to time.
The fees charged for the Services ("Fees") are subject at all times to change by Company giving 30 (thirty) days’ notice, which will be posted on the Website. Company shall not liable to Users or any third party for any modification to the Fees.
All Fees are exclusive of all taxes, and the User indemnifies and holds Company harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
Each User will be responsible for all activity that results from its use of the
Services. Company disclaims any and all liability in relation to each Users' use
of the Services, and will not be held accountable if a User suffers any loss or
damage as a result of its use of the Services, including (but not limited to) any
loss or damage resulting from:
a) any downgrade of the Services that Users may opt for through the Website; and
b) the cancellation of any User's account.
The Website and Services are provided on an "as is" and "as available" basis, and
your use of them is at your sole risk. Company does not warrant that: (a) the Services
will meet your specific requirements; (b) the Services will be uninterrupted, timely,
secure, or error-free; (c) the results that may be obtained from the use of the
Services will be accurate or reliable; (d) the quality of any products, services,
information, or other material purchased or obtained by you through the Services
will meet your expectations; or (e) any errors in the Services will be corrected.
You acknowledge that Company may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Services. The acts and omissions of those third party suppliers may be outside of Company's control, and Company does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
On behalf of itself and such third party suppliers, Company excludes any other warranties that may be implied or otherwise apply under statute or otherwise under applicable law, to the maximum extent permitted by law.
Company shall not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if Company has been advised
of the possibility of such damages), resulting from: (a) the use or the inability
to use the Service; (b) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the Services; (c)
unauthorised access to or alteration of your transmissions or data; (d) statements
or conduct of any third party regarding the Services; or (e) any other matter relating
to the Services.
Company's maximum aggregate liability under or in connection with this Agreement shall be limited to the amount of Fees paid to Company by the relevant User per month.
Each User indemnifies, and will keep indemnified, Company against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Company may incur or be subject to or suffer as a result of the relevant User's use of the Services.
i) No illegal use: You agree and undertake that you will not use the Website
or Services for any illegal or unauthorised purpose, or upload any information that
is in breach of any confidentiality obligation, copyright, trade mark or other intellectual
property or proprietary rights of any person, entity or organization or any applicable
laws. You agree and undertake that you will not attempt to gain unauthorized access
to any portion or feature of the Website, any other systems or networks connected
to the Website, to any Company’s server, or to any of the Services offered on or
through the Website, by hacking, password mining or any other illegitimate means;
ii) No malicious use: Users may only access the Website and Services through the interface provided by Company, and shall not use the Website or Services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User of the Website or Services.
iii) When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
• impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
• infringes any patent, trademark, copyright or other proprietary rights;
• contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
• probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other User of Company, including any company Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
• disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
• use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• violate any applicable laws or regulations for the time being in force within or outside India;
• violate the terms of this Terms and Conditions.
• You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website.
You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree and accept that that Company owns all of the intellectual property rights existing in the Website and Services and You shall not raise any claims in relation to the same whatsoever the case may be.
You agree and undertake that you will not publish or use Company's brand, branding or logos without prior written consent.
Company will try to promptly address (during normal business hours) all technical issues that arise on the Website or in connection with the Services. However, Company will not be liable for any loss suffered as a result of any partial or total breakdown of the Website or any technical malfunctions resulting in an inability to use the Services (either in whole or in part).
Users are responsible for maintaining the security of their account and password on the Website. Company will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure. Company makes efforts to keep content uploaded by Users secure, but will not be liable for any loss or damage that may result from any breach of security, or any unauthorised access or use of that content.
These Terms shall be governed by India law, and all Users submit to the exclusive jurisdiction of the Indian courts for any matter or dispute arising in relation to these Terms.
a) Notice: All notices with respect to these Terms and Conditions from Company
will be served to You by email or by general notification on the Website. Any notice
provided to Company pursuant to these Terms and Conditions should be sent to Grievance
Officer at New Delhi.
b) Assignment: You cannot assign or otherwise transfer these Terms and Conditions, 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. Company's rights and/or obligations under these Terms and Conditions are freely assignable or otherwise transferable by Company to any third parties without the requirement of seeking Your prior consent. Company may inform You of such assignment or transfer in accordance with the notice requirements under these Terms and Conditions. Company shall have right to transfer Your Account and Account Information to a third party who purchases Company's business as conducted under the Website.
c) Severability: If, for any reason, a court of competent jurisdiction finds any provision of the these Terms and Conditions, 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 Agreement shall continue in full force and effect. 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 and Conditions.
f) Force Majeure: If performance of any service or obligation under these Terms and Conditions or other agreement by Company are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, 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 Company (each, a "Force Majeure Event"), then Company shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Company shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
g) Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Company for the purpose of this Agreement shall be Mr. Lalit Singh with email address: email@example.com. Company may change the aforesaid details from time to time under intimation to you.