TERMS AND CONDITIONS
TERMS AND CONDITIONS
Last updated: 27 May 2023
Welcome to www.paycraftsol.com, brought to you by ‘PayCraft Solution Private Limited’ having its Registered office at B-1103, 1104 Kailas Business Park, Kailas Complex, Ghatkopar- Powai Link Road, Park site, Vikhroli, Mumbai 400079, India. (the “Company”, OR “we,” OR “us”).
The Company owns, operates and maintains the aforesaid website i.e. www.paycraftsol.com (“Website”) that offers its users (“User” OR “you” OR “your”) access to the Website. Subject to the terms and conditions set out below, the Website provides certain services to interested users. These terms and conditions are a legally binding contract between you and the Company regarding your use of the Website.
If you are not eligible, or do not agree to these Terms, please do not use the Website.
By agreeing to these Terms, you represent and warrant to us: (i) that you have legal capacity to enter into these Terms; (ii) that you have not previously been suspended or removed from using the Website; and (iii) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations. If you are using the Website on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
We may block or restrict access to certain websites, content or applications in order to ensure the security of our Website/ services and which may be in violation of the applicable policies. These security measures block or restrict access automatically. We do not access the content of your electronic communications. However, since there are certain inherent security risks associated with wireless communications and the internet generally, we make no assurance that your use of the Website including our services will be fully secure, and in particular your use of the Website/ services may entail a risk that unauthorized persons may manage to access your device or your communications when using our Website/ services. You understand that we are not responsible for any such unauthorized/illegal access. You are responsible for ensuring that your device is adequately secured and protected against unauthorized access. We do not ensure any service level commitment with respect to our Website/ services.
3. Third-Party Services and Websites:
You understand and agree that the third-party websites and services available to you through our Website are not under our control, and we are not responsible for such websites and services.
4. Prohibited Conduct:
By using the Website/services you agree not to:
4.1 Use the Website/ services for any other purpose except for the intended purpose only;
4.2 Use the Website/ service for any illegal purpose, or in violation of any local, state, national, or international law;
4.3 Conduct activities that may be harmful to others or that could damage the Company’s or any of its customers’ and contracted third parties’ reputation.
4.5 Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights or privacy rights;
4.6 Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
4.7 Interfere with security-related features of the Website/service;
4.8 Interfere with the operation of the Website or any user’s enjoyment of the Website/service, including without limitation by (i) uploading or otherwise disseminating viruses, computer contaminant, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Website, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Website/ service, or (v) violating the regulations, policies, or procedures of such networks, equipment, or servers;
4.9 Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing unauthorized information on the Website, or falsifying the information you provide us;
4.10 Sell or otherwise transfer the access granted herein; and
4.11 Attempt or cause to attempt any of the foregoing mentioned in this section.
5. Discontinuation and Modification of the Service:
If you violate any provision of these Terms, your permission to use the Website including services will terminate automatically. In addition, the Company may suspend or terminate your access to the Website, with or without notice. We also reserve the right to modify or discontinue the Website at any time (including, without limitation, by limiting or discontinuing certain features of the Website) without notice to you. We will have no liability whatsoever on account of any change to the Website/ services or any suspension or termination of your access to or use of the Website/ services.
7. Changes to the Terms:
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms uploaded in our Website periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Website, by sending an email to any address you may have provided, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Website. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
8. Proprietary Rights:
Any trademarks, visual interfaces, graphics, design, content, information and software (“Company Materials”) provided by the Company as part of the Website/service are the property of the Company or our third-party licensors. Except as expressly authorized by the Company, you shall not make use of the Company Materials. The Company reserves all rights to the Company Materials not granted expressly in these Terms.
You agree that you will be responsible for your use of the Website/ services, and you agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Company Entities“) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Website/ services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
10. Disclaimers and No Warranties:
The Website/ service and all materials available through the Website/ service are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. The Company Entities specifically (but without limitation) disclaim all warranties of any kind, whether express or implied, relating to the Website/ service and all materials available through the Website/ service, including but not limited to (i) any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course of dealing, usage, or trade. The Company Entities do not warrant that the Website/ service or any part thereof, or any materials offered through the Website/ service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of the foregoing will be corrected. You assume all risk for all damages that may result from your use of or access to the Website/ service and any materials available through the Website/ service. You understand and agree that you use the Website/ service at your own discretion and risk, and you will be solely responsible for any damage to your property (including your device used in connection with the Website/ service) or loss of data that results from the use of the Website/ service or the download or use of such materials. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
11. Limitation of Liability:
11.1 In no event will the Company Entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of or relating to your access to or use of, or your inability to access or use, the Website /service or any materials or content on the Website/service, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not the Company Entities have been informed of the possibility of such damage.
11.2 Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.
11.3 Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this section 12 will apply even if any limited remedy fails of its essential purpose.
12.1 These Terms constitute the entire and exclusive understanding and agreement between you and the Company regarding your use of and access to the Website/ service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of both parties to these Terms.
12.2 You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time with or without notice.
12.3 The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
12.4 Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
12.5 In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
12.6 Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
12.7 There is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between the Company and any User of the service.
12.8 Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website and services must be filed within 30 days after such claim or cause of action arose or be forever barred.
12.9 All information of whatsoever nature received from the user is in good faith and is bonafide. The information is believed to be true correct and complies with the laws of the land.
13. Notice and Other Communications:
Notice to you will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Legal notices to the Company must be served by registered mail to the contact details provided hereinabove. Notices sent to either party by registered mail will be deemed to have been received by that party three days after the date of mailing.
By agreeing to the Terms, you hereby explicitly consent to our use of de-identified logs collected during your use of the Service for analytics and product enhancement purposes. In addition, you also consent to your email address being used to inform you of similar services and updates. If you wish to opt out from any of these marketing communications, please email us at firstname.lastname@example.org. You hereby explicitly agree that the same does not amount to unsolicited commercial communication within the meaning of applicable telecom regulations of India and hereby waive any claims that you may have under such regulations against the Company.
15. Governing Law:
These Terms shall be governed by the laws of India without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within Mumbai, India for the purpose of litigating all such disputes.
16. Dispute Resolution and Arbitration:
16.1 Generally: In the interest of resolving disputes between you and the Company in the most expedient and cost-effective manner, you and the Company agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. Exceptions. Notwithstanding the aforesaid we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) pursue enforcement actions through applicable agencies where such actions are available, (ii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
16.2 Arbitrator: Any arbitration between you and The Company will be governed by the Indian Arbitration Act, 1996 and the rules and procedures made thereunder (“Act”), as amended. The parties agree that they shall appoint a single arbitrator to adjudicate the disputes between them (the “Arbitrator”) and in case the parties are unable to agree upon a single Arbitrator, the Arbitrator shall be appointed in accordance with the procedure prescribed under the Act.
16.3 Notice and Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by registered post acknowledgment due, or in the event that we do not have a physical address on file for you, by electronic mail (“Notice“). The Company’s address for Notice is: Mumbai : B-1103, 1104 Kailas Business Park, Kailas Complex, Ghatkopar- Powai Link Road, Park site, Vikhroli, Mumbai 400079. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand“). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or the Company may commence arbitration proceedings. During the arbitration, the amount of any settlement offer made by you or the Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
16.4 Modifications: In the event that the Company makes any future change to this arbitration provision (other than a change to the Company’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to the Company’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
16.5 Enforceability: If Section 16 is found to be unenforceable, then the entirety of this Section 16 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms.
17. Details of Grievance Officer:
As per applicable Indian regulations, you may contact Grievance Officer Address: B-1103/1104 Kailash Business Park, Kailash Complex, Ghatkopar – Powai Link Road, Park Site, Vikhroli (West), Mumbai – 400079, Maharashtra, India in writing at Email ID: info-Security@paycraftsol.com, or by telephone at 022 6741 1104 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.