This agreement ("User agreement") incorporates the User Terms and Conditions for the DocuNex web application and/or DocuNex mobile applications(Android and iOS) and/or ePaper Physical Product < Document or Card > (referred as “DocuNex Services” and erstwhile “ePaper Verify” which covers issuance control and verification amongst other services) to provide services to the person (s) ("the User"(Person in individual capacity or authorized representative of an organization etc.) intending to use DocuNex Services or using any other interface channels of DocuNex Services which includesany other authorized software interface or its sales persons and channels, offices, call centers, advertisements, information campaigns, etc. This User Agreement governs your use of the DocuNex Services and the relationship between you and the DocuNex Services, owned, operated and managed by M/s. Element42 Management Solutions Private Limited (Company).
Company reserves the right to update or change this Agreement at any time and for any reason without notice to you, and you agree that by continuing to use this DocuNex Services after we make any changes to this Agreement, that you are bound by the then current version of this Agreement. Your act of using DocuNex Services or visiting or using the DocuNex Services has the same legal force and effect as a written contract with your written signature. You further agree that you will not challenge the validity, enforce ability or admissibility of this Agreement on the grounds that you agreed to it electronically. You also agree that you have had an opportunity to print a copy of this Agreement for your records. Both User and Company are individually referred to as 'party' and collectively referred to as 'parties'.
The Users visiting the application or availing any DocuNex Services indicated therein from Company shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the use of DocuNex Services and any desired transaction or provision of any Services by Company for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Company with respect to any Services to be provided by Company shall be restricted to the scope of this agreement.
Company reserves the right, at its sole discretion, to terminate the access to any or allDocuNex Services or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or for any reason what so ever. Company shall not be responsible for any losses suffered by the User or any consequent claims for damages arising on this account. Additionally, Company may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service.
The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Company with whom the User elects to deal, including terms and conditions set forth. Company's Services are offered to the User conditioned on acceptance without modification of any of the terms, conditions and notices contained in this Agreement, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the DocuNex Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement. If the User does not agree with any part of such terms, conditions and notices, the User must not avail Company’s Services. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other Company document, then the terms and conditions specified herein shall prevail.
In no event shall the Company and/or
any of its Contractors or Agents be liable to you for any damages (including,
without limitation, incidental and consequential damages, lost profits, or
damages resulting from lost data
By using the Account Access Service in Company's websites, the User authorizes Company and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information.
During User registration
for DocuNex Services, User will be provided with account credentials which includes User id and password
& mobile app activation code.The User is responsible for
maintaining the confidentiality of the account credentials. The User is fully responsible
for all activities that occur while using their User credentials. It is the
duty of the User to notify Company immediately in writing of any unauthorized
use of their account credentials or any other breach of security. Company will
not be liable for any loss that may be incurred by the User as a result of
unauthorized use of hisaccount credentials either with or
without his knowledge. The User shall not use anyone else's account credentials
at any time.
Company reserves the right to charge fees or subscription charges for the services offered through services of physical Paper product as stated in commercial contract or as agreed with Issuers at time of Issuance or at anytime subsequently. Prices indicated are total prices including fees,duties,taxes and assessments arising out of the use of product. Delivery costs, where appropriate, will be indicated separately in commercial contract. Payments can be done using one of the method mentioned in purchase order.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services 'Third Party/ies' shall mean and refer to the various agencies who are associated with Company and who have agreed and who are authorized to verify documents uploaded by the Users and/or to download such verified (or unverified, as the case may be) documents for a fee agreed between Company and such agencies. By using the DocuNex Services, the User hereby agrees that any payments made by you for availing such services is a comprehensive payment not specifically segregated at the time of making such payment but is deemed to include payments to Third Parties (hereinafter referred to as "TPP") and payment for the Services being rendered by Company (hereinafter referred to as "Service Charges"). TPP are directly transferred to such specific Third Party entity / person whose services are being utilized by Company to facilitate the proposed transaction of the User in such proportion and in such manner as may be agreed between such Third Party and Company.
The User further agrees that Company do not have any control over any portion of the services to be provided by such Third Parties and consequently Company does not have any control over any payments transferred to such Third Party pursuant to the agreement between such third party entities/persons and Company. In the event of failure on the part of such Third Parties to render the services contemplated or intended by the User, the User understands and agrees that Company shall not be liable to refund any payments made by the User towards TPP unless the same is refunded to Company by such Third Parties nor shall the User be entitled to any compensation for any losses suffered or expenses incurred by reason of such failure or for any other reason whatsoever. On receipt of such refund from the Third Parties, Company shall make all reasonable efforts to process and refund such payments to the User within such period, not being less than 14 working days therefrom.
The period for refund to the User shall be suitably extended in the event of Company being unable to process such payment for reasons beyond the control of Company. The User shall not be entitled to any interest or compensation on account of any delay in refund of such payments by Company. The User further agree that the User shall only be entitled to refund of TPP and not the Service Charges, which shall be deemed to be a non-refundable payment made to Company for the intermediary services being provided by it through Company …
Any information which is specifically mentioned by Company as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.
Company may send registration confirmation, verification confirmations, submission information, cancellation, payment confirmation, refund status or any such other information relevant for the transaction, via email ID given by the User at the time of account registration; Company may also contact the User by voice call, SMS or email in case the User couldn't or hasn't concluded Company services, for any reason what so ever, to know the preference of the User for concluding the services and also to help the User for the same.
The User hereby unconditionally consents that such communications via SMS and/ or voice call by Company is (a) upon the request and authorization of the User, (b) 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify Company against all types of losses and damages incurred by Company due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on Company with respect to the intimations mentioned above or due to a wrong phone number or email id being provided by the User for any reason whatsoever.
Company is responsible only for the transactions that are done by the User through DocuNex Services. Company will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User. The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction. The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
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 pages. Company does not endorse any advertiser on its
web pages in any manner. The Users are requested to verify the accuracy of all
information on their own before undertaking any reliance on such information.
The linked sites are not under the control of the Company and Company is not
responsible for the contents of any linked site or any link contained in a
linked site, or any changes or updates to such sites. Company is providing
these links to the Users only as a convenience and the inclusion of any link
does not imply endorsement of the site by Company
The User agrees that there can be exceptional circumstances where Company may be unable to provide and honour the DocuNex Service requested due to various reasons beyond the control of Company like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues etc. If Company is informed in advance of such situations where dishonour of requested services may happen, it will make its best efforts to provide advance information.
The User agrees that Company being an facilitator for document verification and Issuance shall not be responsible for any such circumstances beyond its control. The User agrees that in situations due to any technical or other failure in Company, DocuNex Services committed earlier may not be provided or may involve substantial modification. In such cases, 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 against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User. 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. 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 Company arising under any circumstances, in respect of any DocuNex Services, shall be limitedto 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 Company for its services. In no event shall 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 or profits, arising out of or in any way connected with the use or performance of the Company’s DocuNex Services or any other channel. Neither shall Company be responsible for the delay or inability to use the Company websites or related DocuNex Services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Company DocuNex Services , or otherwise arising out of the use of the Company DocuNex Services, whether based on contract, tort, negligence, strict liability or otherwise. 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 pages.
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the DocuNex Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from such material and/or data. Nevertheless, Company will always make its best endeavors to ensure that the content on its DocuNex Services or other information channels are free of any virus or such other malwares.
Company may provide the User with contents such as physical paper product , sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws. The User may use this material only as expressly authorized by Company and shall not copy, transmit or create derivative works of such material without express authorization. The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the DocuNex Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
The User may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Company website(s) or DocuNex Services without the express written approval from Company.
The User agrees to indemnify, defend and hold harmless the Company, Company and/or its affiliates, their applications or services 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 there with and interest chargeable thereon) asserted against or incurred by Company and/or its affiliates, partner websites 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 rules and regulations or general code of conduct and Company cannot be held responsible for the same.
Company at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any DocuNex Service by is not complete until full money towards the service is received from the customer and accepted by Company. Without prejudice to the other remedies available to Company under this agreement or under applicable law, Company may limit the User's activity, 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 DocuNex Services.: The User is in breach of this agreement and/or the documents it incorporates by reference; Company is unable to verify or authenticate any information provided by the User; or 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 Company. Company may at any time in its sole discretion reinstate suspended Users. Once the User have been indefinitely suspended the User shall not register or attempt to register with Company or use the DocuNex Services in any manner whatsoever until such time that the User is reinstated by Company. Notwithstanding the foregoing, if the User breaches this agreement or the documents it incorporates by reference, Company reserves the right to recover any amounts due and owing by the User to Company and/or the service provider and to take strict legal action as Company deems necessary.
The User expressly undertakes to provide to Company only correct and valid information while requesting for any DocuNex Services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the DocuNex Services from Company. In case Company discovers or has reasons to believe at any time during or after receiving a request for DocuNex 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 him, Company in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the transaction, etc. without any prior intimation to the User. In such an event, 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 DocuNex Services. The User unequivocally indemnifies Company of any such claim or liability and shall not hold Company responsible for any loss or damage arising out of measures taken by Company for safeguarding its own interest and that of its genuine customers. This would also include Company denying/cancelling any transactions on account of suspected fraud transactions.
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.
If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use DocuNex Services by the User contained herein or any other section or pages of DocuNex Services or any provision hereof in any manner whatsoever. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Company website, then these terms shall control.
None of the provisions of any
agreement, terms and conditions, notices, or the right to use DocuNex Services by the User contained herein or any other
section or pages of Company Websites or its partner websites, shall be deemed
to constitute a partnership between the User and Company and no party shall
have any authority to bind or shall be deemed to be the agent of the other in
User acknowledges that Company provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the Company websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Company notices them. Changes are/may be periodically made/added to the information provided such. Company may make improvements and/or changes in the DocuNex Services at any time without any notice to the User. Any advice received except through an authorized representative of Company via the Company website should not be relied upon for any decisions.
Company reserves the right to change the terms, conditions, and notices under which the Company websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
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. Company considers itself and intends to be subject to the jurisdiction only of the courts of Bengaluru, India. This agreement shall be governed by the Laws of India without regard to any conflict of law principles. Any failure on the part of Company to exercise or enforce any right or provision of this Agreement shall not constitute waiver of such right or provision.
Any and all disputes arising out of or in connection with this Agreement shall be settled by Arbitration in accordance with the provisions of the Indian Arbitration Act, currently called the Arbitration and Conciliation Act, 1996 or any statutory amendments thereto. The Arbitral Tribunal shall consist of a Sole Arbitrator to be appointed by the Company. Where the provision for arbitration is invoked by the User, all expenses for such arbitration shall be borne by the User till the passing of the award by the Arbitrator. The Arbitrator shall determine the liability of the Company to pay costs for such arbitration based on the nature of the claim raised by the User (whether such claims are frivolous or otherwise), amount claimed, amount awarded and such other circumstances as the Arbitrator may consider reasonable. Where the provision for arbitration is invoked by the Company, the costs of the arbitration proceedings shall be borne equally by the Parties, subject to determination by the Arbitrator and recorded in the award. The venue of such arbitration shall be Bengaluru(City), Karnataka(State), India (Country). The Agreement shall be governed by the Laws of India. The procedure shall be governed by the provisions of the Arbitration and Conciliation Act, 1996.
The User expressly agrees that use of the DocuNex Services is at their sole risk. To the extent Company acts only as a gateway on behalf of the users, it shall not have any liability whatsoever for any aspect of the standards of DocuNex Services provided. In no circumstances shall Company be liable for the services provided by the 3rd Party providers. The services are provided on an "as is" and "as available" basis. Company may change the features or functionality of the services at any time, in their sole discretion, without notice. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
No advice or information, whether
oral or written, which the User obtains from Company or through the services
shall create any warranty not expressly made herein or in the terms and
conditions of the services. If the User does not agree with any of the terms
above, they are advised not to read the material on any of the Company's application
services pages or otherwise use any of the contents, pages, information or any
other material provided by Company. The sole and exclusive remedy of the User
in case of disagreement, in whole or in part, of the User agreement, is to
discontinue using the services after notifying Company in writing. Furthermore,
you agree that you will not: Use any robot, spider, scraper, deep link or other
similar automated data gathering or extraction tools, program, algorithm or
methodology to access, acquire, copy or monitor any portion of ; Use or attempt
to use any engine, software, tool, agent, or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search the site other than the search engines and search
agents available through the Service and other than generally available
third-party web browsers (such as Microsoft Internet Explorer); Attempt to post
or transmit any file which contains viruses, worms, Trojan horses or any other
contaminating or destructive features, or that otherwise interfere with the
proper working of ; Attempt to decipher, decompile, disassemble, or
reverse-engineer any of the software comprising or in any way making up a part