1 - GENERAL
1.1.
The terms and conditions contained hereinafter ("Terms")
constitute an agreement between JAIVIKAMRIT
an Organic Food Brand of M/s PSWITCH SERVICES PVT LTD , a company incorporated under the provisions of the Indian companies Act, 2013 and having its registered office at PLOT D 107 SECTOR 2 NOIDA 201301 GAUTAM BUDDHA NAGAR UP INDIA ("JaivikAmrit",
"we", "us" or "our") which operates the
Platform (defined below) and a natural or legal person who accesses and/or uses
the Platform in any manner ("you" or "your") or uses
any current or future service or functionality or offer made available on the
Platform, as updated from time to time.
1.2.
By using the Platform, you expressly agree to be bound by the Terms. If you do
not agree with any of the Terms, please do not use the Platform and Services
(defined below). if you have any questions about the terms, please contact us
at care@jaivikamrit.com Please
note that your access to the Services, other platforms, offers or promotions in
relation to the Services as may be provided by us or our affiliates, may be
governed by other terms and conditions, policies or guidelines ("Additional
Terms") along with these Terms. These Terms do not alter in any way
the terms or conditions of any other written agreement you may have with JaivikAmrit for specific Services. If
these Terms are inconsistent with any Additional Terms, the Additional Terms
will control to the extent of such inconsistency with respect to the applicable
Service. These Terms govern your use of the Platform and transaction or
dealings thereon.
1.3.
For the purposes of these Terms, "Platform" means
the E-Commerce
Portal which
include its corresponding mobile application/wallet/
website/tablet/desktop/device or any other digital mode and/or operating system
as provided by JaivikAmrit, on which you may avail the Services and includes
applications controlled and managed by us which interact with one or more such
mobile applications/ wallets/ websites/ tablets and digital modes as provided
by us.
1.4
Please note that we may from time to time change the Terms that govern your use
of the Platform. Every time you wish to use our Platform, please check these
Terms to ensure you understand the terms and conditions that apply at that
time. Further, please note that we reserve the right to either change the
format and the content of the Platform or suspend the operation of the Platform
for support or maintenance work, in order to update the content or for any
other reason, at any time.
1.5.
Any accessing, browsing, or otherwise using the Platform indicates your
agreement to these Terms, the privacy policy of the Platform (available
here: www.jaivikamrit.com. )and
any other policies or guidelines that may be applicable on the Platform at the
time of your access and usage of the Platform and which may be updated from
time to time (collectively, the "Agreement").
1.6.
This document is an electronic record in terms of the Information Technology
Act, 2000 and rules made thereunder as may be 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.
1.7.
By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age
or above and are fully competent to enter into this Agreement, and to abide by
and comply with this Agreement. If a user is below 18 (Eighteen) years of age,
it is assumed that he/she is using/browsing the Platform under the supervision
of his/her parent or legal guardian and that such users parent or legal
guardian has read and agrees to the terms of this Agreement, including Terms on
behalf of the minor user. In the event we are made aware that a user is under
the age of 18 and is using/browsing the Platform without the supervision of
his/her parent or legal guardian, we reserve the right to deactivate such users
account without further notice. Further, if you are using the Services on
behalf of a company or organization, you represent that you have authority to
act on behalf of that entity, and that such entity accepts this Agreement.
2- REGISTRATION AND KYC
2.1.
In order to use or avail the Services on the Platform, you will have to
register on the Platform. You will be eligible to further access and avail the
Services only upon receipt of a confirmation e-mail from us after filling in
the necessary forms and after providing the necessary details and documentation
as may be required by us at the time of your registration.
2.2.
You are solely authorized to operate the account created by you. Consequently,
it is your responsibility to maintain the confidentiality of the log in
credentials of your account on the Platform and for restricting access to your
computer/mobile/other similar devices to prevent unauthorized access to your
account. You shall remain solely liable for all the actions undertaken through
your account. You will: (a) immediately inform us of any unauthorized use of
the account or any other security breach; and (b) ensure that you log out of
your account at the end of each session. We, our employees, agents, directors
and officers will not be liable for any loss or direct or indirect damage
arising from your failure to comply with these Terms. You may be held liable
for any losses incurred to us or any other user due to unauthorized use of
their account. We reserve the right to refuse access to the Platform, terminate
accounts, remove or edit content at any time without notice to you.
2.3.
You understand and acknowledge that even though you may be allowed to operate
the account created by you or execute transactions on the platform of JaivikAmrit,
the funds shall not be settled to your account pending completion of your Know
Your Customer (KYC) obligations in accordance with the RBI Guidelines (defined
below). You understand that we reserve the right to not release the settlement
amounts to you and may eventually reverse the funds to the account from where
such payment originated due to non-completion of your KYC obligations.
2.4.
You are solely responsible for understanding and complying with all applicable
laws of your specific jurisdiction, including but not limited to the provisions
of the Reserve Bank of India guidelines on Regulation of Payment Aggregators
and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of
Money Laundering Act, 2002, Know Your Customer (KYC) / Anti-Money Laundering
(AML) / Combating Financing of Terrorism (CFT) guidelines issued by the
Department of Regulation, RBI from time to time, that may be applicable to you
in connection with your business and use of our Services ("RBI
Guidelines")
3- SERVICES
3.1.
Subject to these Terms and Additional Terms which may be communicated to you
from time to time, JaivikAmrit offers on its Platform varied services including
but not limited to the payment gateway and aggregation services provided by JaivikAmrit
in relation to facilitation and settlement of online payments by providing
multiple payment options ("Services").
3.2.
We may build upgrades or remove features from our existing Services to enhance
your experience of using the Services. You acknowledge and agree that the form
and nature of the Services which JaivikAmrit provides may change from time to
time without any prior notice to you. We may also stop (permanently or
temporarily) providing the Services (or any features within the Services) to
you generally at JaivikAmrit's sole discretion, without any prior notice.
3.3.
You acknowledge that JaivikAmrit may at any time fix an upper limit on the
number of transactions which may be undertaken by you on the Platform at its
sole discretion. We will take reasonable efforts to inform you of such limits.
4- CONTENT
4.1.
You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and
license to adopt, publish, reproduce, disseminate, transmit, distribute, copy,
use, create derivative works from, display worldwide, or act on any material
posted by you on the Platform without additional approval or consideration in
any form, media, or technology now known or later developed, for the full term
of any rights that may exist in such content, and you waive any claim over all
feedback, comments, ideas or suggestions or any other content provided through
or on the Platform. You agree to perform all further acts necessary to perfect
any of the above rights granted by you to JaivikAmrit, including the execution
of deeds and documents, at its request.
4.2.
You agree that we do not routinely monitor your postings on Platform but
reserves the right to do so. However, if we become aware of inappropriate use
of the Platform or any of its Services, we will respond in any way that, in its
sole discretion, we deem appropriate. You acknowledge that we will have the
right to report to law enforcement authorities of any actions that may be
considered illegal, as well as any information it receives of such illegal
conduct. When requested, we will co-operate fully with law enforcement agencies
in any investigation of alleged illegal activity on the internet.
4.3.
Submissions and unauthorized use of any materials contained on the Platform may
violate copyright laws, trademark laws, the laws of privacy and publicity,
certain communications statutes and regulations and other applicable laws and
regulations. You alone are responsible for your actions or the actions of any
person using your username and/or password. As such, you shall indemnify and
hold us and our officers, directors, employees, affiliates, agents, licensors,
and business partners harmless from and against any and all loss, costs,
damages, liabilities, and expenses (including attorneys' fees) incurred in
relation to, arising from, or for the purpose of avoiding, any claim or demand
from a third party that your use of the Platform or the use of the Platform by
any person using your user name and/or password (including without limitation
your participation in the posting areas or your submissions) violates any
applicable law or regulation, or the rights of any third party.
4.4.
We reserve the right to terminate access to this Platform at any time and
without notice. Further this limited license terminates automatically, without
notice to you, if you breach any of these Terms. Upon termination, you must
immediately destroy any downloaded and printed materials. Any provision of the
Terms which imposes an obligation or creates a right that by its nature will be
valid after termination or expiration of the Terms shall survive the
termination or expiration of the Terms.
5- USER WARRANTIES AND RESTRICTIONS
5.1.
You represent and warrant that: (a) your use of the Platform and/or Services
will not violate any applicable law or regulation; (b) all information that is
submitted to us in connection with Platform and/or Services is true, accurate
and lawful; (c) use of the content and material you supply does not breach any
applicable Agreement and will not cause injury to any person or entity
(including that the content or material is not defamatory); and (d) the
information and documents pertaining to your identity and address proof, as
submitted for the purpose of know your client (KYC) verification with JaivikAmrit
are true and genuine and are not fabricated or doctored in any way whatsoever.
If at any time, the information provided by you is found to be false or
inaccurate, we will have the right to reject registration, cancel all orders,
and restrict you from using the Services and other affiliated services in the
future without any prior intimation whatsoever. You agree to indemnify us and
our affiliates for all claims brought by a third party against it or its
affiliates arising out of or in connection with a breach of any of these
warranties.
5.2.
You will use Platform for lawful purposes only and will not undertake any
activity that is harmful to Platform or its content or otherwise not envisaged
through the Platform. You have a limited license to access and use Platform,
solely for the purpose of availing the Services, subject to these Terms.
5.3.
You will not do any of the following:
5.3.1 Delete or
modify any content on Platform, such as any information regarding the Services,
their performance, sales or pricing;
5.3.2 Use any engine, software, tool, agent or other mechanism (such as
spiders, robots, avatars, worms, time bombs etc.) to navigate or search
Platform;
5.3.3 Make false or malicious statements against the Services, Platform or
us;
5.3.4 Post, copy, submit, upload, distribute, or otherwise transmit or
make available any software or other computer files that contain a virus or
other harmful component, or otherwise disrupt or damage Platform and/or
Services or any connected network, or otherwise interfere with any person or
entity's use or enjoyment of Platform and/or the Services;
5.3.5 Introduce any trojans, viruses, any other malicious software, any
bots or scrape Platform for any information;
5.3.6 Probe, scan, or test the vulnerability of any system, security or
authentication measures implemented by us or otherwise tamper or attempt to
tamper with our technological design and architecture;
5.3.7 Hack into or introduce malicious software of any kind onto Platform;
5.3.8 Gain unauthorized access to, or interfere with, or damage, or
disrupt the server on which the details connected to the Services are stored,
or any other server, computer, or database connected to the Services; or
5.3.9 Engage in any form of antisocial, disruptive, or destructive acts,
including "flaming", "spamming", "trolling",
"phishing" and "griefing" as those terms are commonly
understood and used on the internet.
5.4.
You are prohibited from hosting, displaying, uploading, modifying, publishing,
transmitting, updating or sharing on or through Platform, any information that:
5.4.1 belongs to
another person and to which you do not have any right;
5.4.2 is harmful, harassing, blasphemous, defamatory, obscene,
pornographic, pedophilic, invasive of another's privacy, hateful, relating to
or encouraging money laundering or gambling, or otherwise harmful in any manner
whatsoever;
5.4.3 harms minors in any way;
5.4.4 infringes any patent, trademark, copyright or other proprietary
rights;
5.4.5 violates any law for the time being in force;
5.4.6 deceives or misleads the addressee about the origin of such messages
or communicates any information which is grossly offensive or menacing in
nature;
5.4.7 impersonates or defames another person;
5.4.8 contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer resource; or
5.4.9 engage in and/or encourage money laundering or gambling, or
otherwise unlawful in any manner whatsoever.
5.5.
You agree to use the Services only for purposes that are permitted by (a) these
Terms; and (b) any applicable law, regulation or generally accepted practices
or guidelines in the relevant jurisdictions.
5.6.
You agree to use the data owned by JaivikAmrit (as available on the Platform)
only for personal purposes and not for any commercial use unless agreed to by JaivikAmrit
in writing.
5.7.
Where you use the Platform for any commercial use, you shall (a) not store any
customer card and such related date in any form or manner whatsoever on your
websites/ servers, and (b) ensure that the correct line of business as
disclosed and declared to JaivikAmrit is undertaken. JaivikAmrit reserves the
right to withhold settlements and/ or suspend transactions in case of any
mismatch or violation in your declaration subject to the applicable laws.
5.8.
You agree not to access (or attempt to access) any of the Services by any means
other than through the interface that is provided by JaivikAmrit, unless you
have been specifically allowed to do so in a separate agreement with JaivikAmrit.
You specifically agree not to access (or attempt to access) any of the Services
through any automated means (including use of scripts or web crawlers).
5.9.
Unless you have been specifically permitted to do so in a separate agreement
with JaivikAmrit, you agree that you will not reproduce, duplicate, copy, sell,
trade or resell the Services for any purpose. You agree that JaivikAmrit (or JaivikAmrit's
licensors) owns all legal and proprietary right, title and interest in and to
the Services, including any intellectual property rights which subsist in the
Services (whether those rights happen to be registered or not, and wherever in
the world those rights may exist). You further acknowledge that the Services
may contain information which is designated confidential by JaivikAmrit and
that you shall not disclose such information without JaivikAmrit's prior
written consent.
5.10.
Unless you have agreed otherwise in writing with JaivikAmrit, nothing in the
Terms gives you a right to use any of JaivikAmrit's trade names, trademarks,
service marks, logos, domain names, and other distinctive brand features.
Unless you have been expressly authorized to do so in writing by JaivikAmrit,
you agree that in using the Services, you will not use any trade mark, service
mark, trade name, logo of any company or organization in a way that is likely
or intended to cause confusion about the owner or authorized user of such
marks, names or logos.
6 - COMPLIANCE WITH ANTI-BRIBERY AND
ANTI-CORRUPTION LAWS
6.1.
You agree to comply with all applicable commercial and public anti-bribery and
anti-corruption laws (including but not limited to the provisions of Prevention
of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign
Contribution (Regulation) Act, 2010, and any amendments thereto) which
prohibits you or your officials, representatives, agents or any other person
associated with or acting on your behalf from giving, offering, promising to
offer, receiving/ accepting or acting in any other manner so as to induce a
payment, gift, hospitality or anything of value (either directly or indirectly)
whether from within the country or from abroad to government officials, publics
servants, regulatory bodies, judicial authorities, persons in positions of
authority, elected or contesting electoral candidates, political parties or
office bearers thereof or any other third party or person in order to obtain an
improper commercial/business advantage of any kind. Government Officials
include any government employee, candidate for public office, an employee of
government - owned or government - controlled companies, public international organization
and political parties.
6.2.
You also agree not to give, offer, pay, promise or authorize to give or pay,
directly or through any other person, anything of value to anybody for the
purpose of inducing or rewarding any favorable action or influencing a decision
in your favor. You agree and undertake that it is compliant with and shall do/
undertake all acts necessary to continue to be compliant with the provisions of
Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of
Terrorism (CFT) guidelines issued by the Department of Regulation, RBI, as
amended from time to time.
7 - INDEMNIFICATION AND LIMITATION OF
LIABILITY
You
agree to indemnify, defend and hold harmless JaivikAmrit, its affiliates,
officers, directors, employees, consultants, licensors, agents, and
representatives from and against any and all third- party claims, losses,
liabilities, damages, and/or costs (including reasonable attorney fees and
costs) arising from your access to or use of Platform or the Services,
violation of these Terms, or infringement of any intellectual property or other
rights of JaivikAmrit or any third-party. JaivikAmrit will notify you promptly
of any such claim, loss, liability, or demand, and in addition to the
foregoing, you agree to provide JaivikAmrit with reasonable assistance, at
their expense, in defending any such claim, loss, liability, damage, or cost.
8 - CONFIDENTIALITY
8.1.
You acknowledge that you may receive or have access to certain confidential and
proprietary information, including without limitation, information belonging
and/or relating to JaivikAmrit and its affiliates, marketing prospects,
contractors, officers, directors or shareholders, personal data of your
customers, financial and operational information, billing records, business
model, etc. ("Confidential Information").
8.2.
You agree to keep Confidential Information in confidence and take necessary
safety measures and steps to maintain the confidentiality and secrecy of the
Confidential Information from public disclosure, and you shall at all times
maintain appropriate measures to protect the security and integrity of the
Confidential Information.
8.3.
You hereby agree and undertake to take all necessary measures to ensure that
your website or any other computer system that is being used to effect
transactions by the usage of Services does not store/ save any customer card or
any other such related data. You further undertake that you shall be
responsible for ensuring complete and absolutely privacy, anonymity and
security of all customer data flowing through your systems during the usage of
the Services by you.
9- FRAUDULENT TRANSACTIONS
9.1.
In the event we are intimated, by an acquiring bank or a card payment network,
that a customer has reported an unauthorized debit of the customer's payment
instrument ("Fraudulent Transaction"), then JaivikAmrit shall be
entitled to suspend the settlement of the amount associated with the Fraudulent
Transaction during the pendency of inquiries, investigations and resolution
thereof by the acquiring bank or the card payment network.
10 - DISCLAIMER OF WARRANTIES,
INACCURACIES OR ERRORS
10.1.
We will try to ensure that all information and recommendations, whether in
relation to the Services, offerings or otherwise (hereinafter
"Information") provided as part of this Platform is correct at the
time of inclusion on the Platform. We do not guarantee the accuracy of the
Information. We make no representations or warranties as to the completeness or
accuracy of Information.
10.2.
You agree that Information is being supplied to you on the condition that you
will make your own determination as to the suitability of such information for
your purpose prior to use or in connection with the making of any decision. No
Information at the Platform shall constitute an invitation to invest in or any
affiliates. Any use of this Platform or the Information is at your own risk.
Neither we, our affiliates, nor their officers, employees or agents shall be
liable for any loss, damage or expense arising out of any access to, use of, or
reliance upon, this website, the Information, or any third-party website linked
to this Platform. We are not responsible for the content of any third-party
sites and does not make any representations regarding the content or accuracy
of material on such sites. If you decide to access links of any third-party
platforms, you are doing so entirely at your own risk and expense.
10.3.
We do not covenant or provide any representations and warranties:
10.4.
in respect of quality, suitability, accuracy, reliability, performance, safety,
merchantability, fitness for a particular purpose/consumption or the content on
Platform;
·
that the Services
will be made available at all times; and
·
that the operation of
Platform, including the functions contained in any content, information and
materials on Platform or any third-party sites or services linked to Platform
will be uninterrupted, or that the defects will be rectified, or that Platform
or the servers that make such content, information and materials available are
free of viruses or other harmful components.
10.5.
THIS PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND
"WHERE-IS" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. JAIVIKAMRIT,
FOR ITSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO
THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORM, THE
INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. JAIVIKAMRIT
WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT
LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF JAIVIKAMRIT
HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11 - MISCELLANEOUS
11.1.
Applicable Law and Jurisdiction: These Terms are governed by and to be
interpreted in accordance with laws of India, without regard to the choice or
conflicts of law provisions of any jurisdiction. You agree, in the event of any
dispute arising in relation to these Terms or any dispute arising in relation
to the Platform whether in contract or tort or otherwise, to submit to the
jurisdiction of the courts located at New Delhi, India for the resolution of
all such disputes.
11.2.
Grievance Officer: In accordance with the applicable law, any grievances which
you may have with respect to the information shared by you with us hereunder
and its treatment or any grievance related to Services being availed hereunder,
may be directed by you to the grievance officer of JaivikAmrit at the below
mentioned coordinates:
Name: Mr.
Ahmed
Email
Address: care@jaivikamrit.com
Designation: Grievance
cum Nodal Officer
12- FORCE MAJEURE
JaivikAmrit
will not be held responsible for any delay or failure to comply with its
obligations if the delay or failure arises from any cause which is beyond JaivikAmrit's
reasonable control.
13 - WAIVER
No
provision in these Terms will be deemed waived and no breach excused, unless
such waiver or consent is in writing and signed by JaivikAmrit. Any consent by JaivikAmrit
to, or waiver of your breach, whether expressed or implied, will not constitute
consent to, waiver of, or excuse for any other different or subsequent breach.
14 - SEVERABILITY
If
any provision of these Terms is held by a court of competent jurisdiction to be
unenforceable under applicable law, then such provision will be excluded from
these Terms and the remainder of these Terms will be interpreted as if such
provision were so excluded and will be enforceable in accordance with its
terms; provided however that, in such event, these Terms will be interpreted so
as to give effect, to the greatest extent consistent with and permitted by
applicable law, to the meaning and intention of the excluded provision as
determined by such court of competent jurisdiction.
15 - AMENDMENT
These
Terms are subject to amendments and modifications and may be updated from time
to time, without any advance notice. You are requested to regularly review the
Terms as available on the Platform. Your relationship with the Platform will be
governed by the most current version of these Terms, as published on Platform.
16 - MISCELLANEOUS
16.1.
In addition to these Terms, you will also ensure that you are in compliance
with the terms and conditions of the third parties, such as bank offers terms
and conditions, brand promotional offers, whose links, if any, are
contained/embedded in the Services. You agree that JaivikAmrit will not be
liable for any transaction between itself and any such third parties.
16.2
These Terms supersede all previous oral and written terms and conditions (if
any) communicated to you by JaivikAmrit, for the use of Platform, and the
rights and liabilities with respect to any Services to be provided by JaivikAmrit
shall be limited to the scope of these Terms.