o THIS DOCUMENT IS
AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY, ACT, 2000 AND
RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM
AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THESE TERMS &
CONDITIONS WERE UPDATED ON 15 February 2016 (hereinafter referred to as the
“Agreement”/ “Terms of Use”)
o 1. INTRODUCTION ON
THE SCOPE OF THE AGREEMENT
o TERMS AND
CONDITIONS CONSTITUTE LEGAL CONTRACT. The terms stated herein including any
additional guidelines and/or future modifications to this Agreement read
together with the Privacy Policy, available at www.ssmoneylink.com shall
constitute a legal contract between any person utilizing SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER (“User”) of the one part, and SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER (“SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER ”/“Company”) having its registered office at SHRI SAI
ENTERPRISES [S S MONEYLINK ] PROP. SANJAY G DESHMUKH , WARANDH , TAL MAHAD ,
RAIGAD , 4023065 of the other part (collectively referred to as “Parties” and
singularly referred to as “Party”).
o ACCEPTANCE OF
T&Cs. By using, browsing, accessing, registering or accessing www.ssmoneylink.com
or any mobile application developed by SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER (“Site”), or availing any service rendered by SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER, a User fully, absolutely and
unequivocally agrees to comply with and abide by the Agreement.
o ELIGIBILITY. SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services are open only to
persons of 18 years of age and above who have a valid e-mail address and mobile
phone number. Users who have been previously suspended or removed from availing
any service by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER shall
not be eligible to avail services from SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER. Users shall not impersonate any person or entity, or
falsely state or otherwise misrepresent identity, age or affiliation with any
person or entity. If you are below 18 years of age, please exit the Site.
o APPLICABILITY. The
terms of this Agreement shall be applicable to Users, Business Partners,
Alliance Partners and Applicable Controlled Entities, as set forth in this
Agreement. This Agreement shall be deemed to be incorporated in the Applicable
Agreement. Any reference to the “Agreement” shall include a reference to the
Applicable Agreement and any reference to “Applicable Agreement” shall include
a reference to this Agreement.
o INCONSISTENCY.
Notwithstanding anything contained herein, Applicable Agreement shall prevail
over this Agreement in case of any inconsistency.
o 2. DEFINITIONS AND
INTERPRETATION
In this Agreement, unless the contrary intention appears
and/or the context otherwise requires, capitalized terms defined by: (i)
inclusion in quotation and/or parenthesis have the meanings so ascribed; and
(ii) the following terms shall have the meanings assigned to them herein below:
“Alliance Partners” are
individuals/sole-proprietorships/companies/LLP’s etc who have entered into a
service agreement with SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER for offering SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER’ products and services through web/mobile/API or through any channel
whose particulars are listed in Clause 1 of the service agreement with Alliance
Partners.
“Applicable Agreement” refers to service agreement in
relation to Business Partners and Alliance Partners.
“Applicable Controlled Entity” collectively refers to (i)
Sub-Partners appointed by Business Partners, and the Alliance Partners.
“Applicable Law” includes all applicable Indian statutes,
enactments, acts of the state legislature or parliament, laws, ordinances,
rules, bye-laws, regulations, notifications, guidelines, directions, directives
and orders of any governmental authority, statutory authority, board,
recognized stock exchange, …
Terms & Conditions:
o THIS DOCUMENT IS
AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY, ACT, 2000 AND
RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM
AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THESE TERMS &
CONDITIONS WERE UPDATED ON 15 February 2016 (hereinafter referred to as the
“Agreement”/ “Terms of Use”)
o 1. INTRODUCTION ON
THE SCOPE OF THE AGREEMENT
o TERMS AND
CONDITIONS CONSTITUTE LEGAL CONTRACT. The terms stated herein including any
additional guidelines and/or future modifications to this Agreement read
together with the Privacy Policy, available at www.ssmoneylink.com shall
constitute a legal contract between any person utilizing SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER (“User”) of the one part, and SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER (“SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER ”/“Company”) having its registered office at SHRI SAI
ENTERPRISES [S S MONEYLINK ] PROP. SANJAY G DESHMUKH , WARANDH , TAL MAHAD ,
RAIGAD , 4023065 of the other part (collectively referred to as “Parties” and
singularly referred to as “Party”).
o ACCEPTANCE OF
T&Cs. By using, browsing, accessing, registering or accessing www.ssmoneylink.com
or any mobile application developed by SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER (“Site”), or availing any service rendered by SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER, a User fully, absolutely and
unequivocally agrees to comply with and abide by the Agreement.
o ELIGIBILITY. SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services are open only to
persons of 18 years of age and above who have a valid e-mail address and mobile
phone number. Users who have been previously suspended or removed from availing
any service by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER shall
not be eligible to avail services from SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER. Users shall not impersonate any person or entity, or
falsely state or otherwise misrepresent identity, age or affiliation with any
person or entity. If you are below 18 years of age, please exit the Site.
o APPLICABILITY. The
terms of this Agreement shall be applicable to Users, Business Partners,
Alliance Partners and Applicable Controlled Entities, as set forth in this
Agreement. This Agreement shall be deemed to be incorporated in the Applicable
Agreement. Any reference to the “Agreement” shall include a reference to the
Applicable Agreement and any reference to “Applicable Agreement” shall include
a reference to this Agreement.
o INCONSISTENCY.
Notwithstanding anything contained herein, Applicable Agreement shall prevail
over this Agreement in case of any inconsistency.
o 2. DEFINITIONS AND
INTERPRETATION
In this Agreement, unless the contrary intention appears
and/or the context otherwise requires, capitalized terms defined by: (i)
inclusion in quotation and/or parenthesis have the meanings so ascribed; and
(ii) the following terms shall have the meanings assigned to them herein below:
“Alliance Partners” are
individuals/sole-proprietorships/companies/LLP’s etc who have entered into a
service agreement with SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER for offering SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER’
products and services through web/mobile/API or through any channel whose
particulars are listed in Clause 1 of the service agreement with Alliance
Partners.
“Applicable Agreement” refers to service agreement in
relation to Business Partners and Alliance Partners.
“Applicable Controlled Entity” collectively refers to (i)
Sub-Partners appointed by Business Partners, and the Alliance Partners.
“Applicable Law” includes all applicable Indian statutes,
enactments, acts of the state legislature or parliament, laws, ordinances,
rules, bye-laws, regulations, notifications, guidelines, directions, directives
and orders of any governmental authority, statutory authority, board,
recognized stock exchange, as may be applicable including but not limited to Guidelines
on Managing Risks and Code of Conduct in Outsourcing of Financial Services by
Banks, Business Correspondent Guidelines issued by RBI from time to time,
Payment & Settlement Systems Act, 2007 and rules made thereunder, Policy
Guidelines on Issuance and operation of Pre-paid Payment Instruments in India.
“Business Partners” are firms who have entered into a
service agreement with SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER whose particulars are listed in Clause 1 of the service agreement.
“Confidential Information” means and includes the
Intellectual Property and any and all business, technical and financial
information of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER or of any of its affiliates that is related
to any of the arrangements contemplated in this Agreement or any other
agreement in which this Agreement is incorporated by reference or otherwise
disclosed by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER to the User any information which relates to
its financial and/or business operations, including but not limited to,
specifications, models, merchant lists/information samples, reports, forecasts,
current or historical data, computer programs or documentation and all other
technical, financial or business data, information related to its internal
management, customers, products, services, anticipated products/services,
processes, financial condition, employees, merchants, Intellectual Property,
marketing strategies, experimental work, trade secrets, business plans,
business proposals, customer contract terms and conditions,
compensation/commission/ service charges payable to the User, and other
valuable confidential information and materials that are customarily treated as
confidential or proprietary, whether or not specifically identified as
confidential or proprietary.
“Customers” shall mean persons, including all body
corporate, partnerships, limited liability partnerships, who are availing
services, either as a consumer or otherwise, rendered by a service provider
through the User using SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER products or services.
“Credit” shall mean the payment made by the Business
Partner/Alliance Partner to the Company to carry out transactions through the SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER platform.
“Effective Date” shall mean the date of activation of the
account of the User on SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER portal.
“SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
Platform” shall mean and include, the platforms (website, mobile app, others)
of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER that the User
accesses for registration and further for transacting, including all contents,
services, and technology offered through the Platform.
“Intellectual Property” shall mean all intellectual property
used for the purpose of or in association with or in relation to the
performance of this Agreement and Applicable Agreement, and includes without
limitation, (a) Software, operating manuals, software code, program,
instructions, specifications, processes, input methods, data or information
used in relation to, or in association with, or for the operation of the
software installed by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER, (b) the trademarks, service marks, trade names, business names,
logos, symbols, styles, colour combinations used by SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER during the course of its business and all
depictions, derivations and representations thereof, (c) all promotional
material including without limitation, advertisements, literature, graphics,
images, content and the ‘look and feel’ of all of the above, (d) all
information, data or material in whatever form, whether tangible or not,
provided by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER to the
User during the course of Applicable Agreement; and (e) all techniques,
formulae, patterns, compilations, processes, inventions, practices,
methodology, techniques, improvement, utility model, procedures, designs,
skills, technical information, notes, experimental results, service techniques,
samples, specifications of the products or services, labeling specifications,
rights on software, and any other knowledge or know-how of any nature
whatsoever.
“Merchants” shall mean individuals and/or entities
registered on SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
platform and/or appointed by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER and/or for discharging functions prescribed under these terms &
conditions and/or includes Business Partners, Alliance Partners, etc.
“Products” shall mean products developed by SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER including products permitting
electronic top-ups, utility bill payments, travel bookings, delivery of various
financial products, other value-added services using various devices like ATMs,
POS, Mobile Apps, Internet and any other products available on SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER platform from time to time.
“Service Provider” shall mean any entity with which SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER has, directly or indirectly,
executed an agreement for facilitating Transactions between such entity and its
Customers.
“Software” shall include custom-built software that is owned
by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER, or software that
has been licensed from third party suppliers by SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER and in relation to which SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER has obtained the right to sub-license
from such third party suppliers.
“Sub-Partners” shall mean individuals and/or entities
appointed by the merchants on whose premises/outlets/website the Products shall
be sold to the Customers, for and on behalf of the Service Providers, to
facilitate completion of Transactions initiated by such Customers, through the
merchants.
“Transactions” shall mean and include transactions taking
place between a Service Provider and its Customers including, but not limited
to, electronic top-ups for various services, utility bill payments, delivery of
financial products and other services of a like nature provided by the Service
Provider through SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
Products.
“Users” shall include individuals, Business Partner, and
Alliance Partner, unless the context provides otherwise or if the context in
which the term “User” has been used is inapplicable to such individual,
Business Partner or Alliance Partner.
3. GENERAL TERMS AND CONDITIONS
INFORMATION SUPPLIED TO SHRI SAI ENTERPRISES [S S MONEYLINK
] THE SERVICE PROVIDER. Users agree that the information provided by the Users
to SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER on registration
and at all other times, including payment, is true, accurate, current, and
complete.
SECURITY OF ACCOUNT. Users’ mobile number and email identify
a Users’ account with SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER through which SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER services are dispensed (“Account’). SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER encourages Users to choose a strong password
to protect their Account. It is advised that users do not share their password
with anyone or write it down. SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER never, under any circumstances, asks for an Account’s password. If a
User has any reason to believe that his Account is no longer secure, then the
User shall immediately notify SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER and indemnify SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER from any liabilities that may arise from the misuse of such a User’s
Account.
PRIVACY POLICY. All information collected from a User
pursuant to the provision of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER services, and information collected by Alliance Partner, Business
Partners, Sub-Partners and Merchants during the performance of this Agreement
or Applicable Agreement, is subject to SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER Privacy Policy.
RECLAIMING INACTIVE ACCOUNTS. If an Account is found to be
overly inactive, the Account may be reclaimed by SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER without providing notice to the concerned
User. An Account is considered as inactive if the concerned User is not signing
in and/or has not done any transactions for more than 6 consecutive months from
the Account.
THIRD PARTY SITES, PRODUCTS AND SERVICES. SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services and/or the Site may
include links or references to other web sites or services solely for the
Users’ convenience (“Reference Sites”). SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER does not endorse any such Reference Sites or the
information, materials, products, or services contained on or accessible
through Reference Sites. Correspondence or business dealings between Users and
concerned Reference Sites are solely between such User and the concerned
Reference Site. Access and use of Reference Sites, including the information,
materials, products, and services on or available through Reference Sites is
solely at concerned User’s own risk.
BILLING AND PAYMENT. All payments made by Users directly to SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER, shall be made in the
manner and in the quantum detailed on the User’s Account at SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER Platform. Users may be
notified by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
regarding any change in the quantum of payments to be made to SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER and the manner of
disbursement of such payments; however Users are advised to regularly update
themselves of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
billing and payment policy by regularly visiting the Site. SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER shall solely decide on the payments to be
provided to User and may amend the payment structure at any time without any
prior notice to the User. However, after any such amendment, the detailed
payment structure will be made available to the User and be effective
immediately. Credit maintained by the Users with SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER shall be non-interest bearing and shall be
forfeited by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER if found
lying unused for more than 365 days. The User shall keep enough Credit with SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER to avoid decline of
transactions on the SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
Platform.
SALES. All sales of SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER services are final with no refund or exchange permitted.
Users are responsible for details provided leading to purchase of services. If SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER does not deliver service
within 24 hours of money being charged to a User’s payment account through a
transaction on the Site, the User may inform SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER by sending an e-mail to SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER customer services e-mail address
mentioned on the Contact Us page. . SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER shall investigate the case and if it is found that money was
indeed charged to User’s Payment Account without delivery of the service then
User may be refunded the money within 15 working days from the receipt of his
e-mail.
LIMITATION OF LIABILITY. In no event will SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER or its directors, agents,
officers, or employees be liable to a User for any special, indirect,
incidental, consequential, punitive, or exemplary damages (including without
limitation lost business opportunities, lost revenues, or loss of anticipated
profits or any other pecuniary or non-pecuniary loss or damage of any nature
whatsoever) of any kind arising out of or relating to (i) this Agreement or any
other agreement entered by a User with SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER, (ii) SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER services, the Site or any Reference site, or (iii) User’s use or
inability to use SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
services, the Site or any Reference Sites, even if SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER or a SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER authorized representative has advised of the possibility of
such damages, (iv) unauthorized access to or alterations of transmissions or
data, any material or data sent or received or not sent or received, (v) any
transactions entered into by any third person or conduct of any other third
party or any infringement of another’s rights, (vi) the use of counterfeit or
stolen cards, or stolen devices, or (vii) fraudulent electronic transactions.
It shall be at the sole discretion of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER to reverse any transaction subject to approval of the
concerned Service Provider. Notwithstanding the above, if any court of law
finds that SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER or its
directors, officers, or employees, are liable to indemnify a concerned User
despite the existence of this Clause 3.8, such liability shall not exceed the
amount paid by the concerned User, if any, for using the portion of the SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services or the Site
giving rise to the cause of action. Users acknowledge and agree that SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER has offered its products and
services, set its prices, and entered into this Agreement and Applicable
Agreement in reliance upon the warranty, disclaimers, and the limitations of
liability set forth herein. Users acknowledge that the warranty, disclaimers,
and limitations of liability set forth herein reflect a reasonable and fair
allocation of risk between Users and SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER, and that the warranty, disclaimers, and limitations of
liability set forth herein form an essential basis of the bargain between Users
and SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER. SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER would not be able to provide
the services to Users on an economically reasonable basis without these
limitation.
USER’S REPRESENTATIONS AND WARRANTIES. The User represents
and warrants that:
it has had a full and adequate opportunity to read and
review the Applicable Agreement and has had sufficient time to evaluate and
investigate the provision of services under the Applicable Agreement and the
financial requirements and risk associated with the same,
it has the requisite capital to set up and maintain the
infrastructure as required under the Applicable Agreement,
neither the execution of the Applicable Agreement nor the
performance of the User’s obligations under the Applicable Agreement will
result in a violation or breach of any other agreement by which the User is
bound,
neither the User nor any of the User’s employees or agents
is under any pre-existing obligation in conflict or in any way inconsistent
with the provisions of the Agreement or Applicable Agreement,
it has the right to disclose or use all ideas, and other
information, if any, which the User has gained from third parties, and which
the User discloses to SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER in the course of performance of the Agreement or Applicable Agreement,
without liability to such third parties,
SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
has a right to inspect User’s business premises that are related to the
provision of services under the Agreement or Applicable Agreement, and to
monitor continued and ongoing compliance of the Applicable Agreement,
it shall immediately intimate SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER of any violation or potential violation of
this Agreement by any Applicable Controlled Entity, or of other circumstances
that may cause damage to the goodwill and reputation of SHRI SAI ENTERPRISES [S
S MONEYLINK ] THE SERVICE PROVIDER,
it shall maintain accurate and proper accounts of all
transactions between Applicable Controlled Entity and itself in relation to
discharge of duties by the Applicable Controlled Entity under the Applicable
Agreement,
it shall provide periodic reports of business operations
with respect to the services rendered under the Applicable Agreement to the
sales executive assigned by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER to the User,
it shall observe proper ethics and transparency in all its
actions in the course of discharge of duties under the Applicable Agreement and
shall not, in any circumstances, take any action or make any statement that may
mislead any Applicable Controlled Entity/customer or prospective Applicable
Controlled Entity /customer of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER
it shall make all efforts to settle any disputes that may
arise between Applicable Controlled Entity, or between the Applicable
Controlled Entity and the consumers amicably and in the event, any such dispute
is referred to a consumer forum or other competent authority, shall provide all
assistance in the settlement of the dispute,
it shall bear all costs and expenses for traveling,
promotional activities and other similar out-of-pocket expenses incurred in the
performance of its duties under the Applicable Agreement,
it will not allow the sale of any products and/or provision
of any services which are specifically restricted by SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER,
it is a one-point contact for all its Applicable Controlled
Entities and shall be solely responsible for any fraudulent acts of the
Applicable Controlled Entities,
it has complete control over its Applicable Controlled
Entities and that SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
will not be responsible to entertain any complaints/queries received from any
Applicable Controlled Entities appointed by the User,
it shall comply with all its obligations pursuant to the
Applicable Agreement and ensure that all payments due from it to SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER are paid in a timely manner
in accordance with the Applicable Agreement,
it shall be responsible to obtain any and all consents and
approvals that are required from regulatory or governmental authorities,
including any consent from Customers required to transfer data to the User
and/or the SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER Platform,
as the case may be, in accordance with Applicable Law,
it shall ensure regular and timely payment and deposit of
all taxes, duties and other levies as applicable from time to time with the
relevant authorities,
All costs associated with purchasing of software licenses
and hardware (if any) are to be absolutely and unconditionally borne by the
User,
it shall be solely responsible for and hereby undertakes to
strictly comply with Privacy Policy, and Applicable Law having jurisdiction in
any manner whatsoever in connection with discharge of its duties under the
Applicable Agreement, including but not limited to data protection, security,
piracy, and directions issued by the Reserve Bank of India relating to payment
data, and shall obtain and maintain in full force and effect all registrations
required under Applicable Law for the operation of the business in terms of the
Applicable Agreement, and
it has full power and authority to enter into the Applicable
Agreement and to take any action and execute any documents required by the
terms hereof and this Applicable Agreement has been duly authorized, duly and
validly executed and delivered, and constitutes a legal, valid, and binding
obligation, enforceable in accordance with the terms hereof; and the persons
executing the Applicable Agreement on its behalf are duly empowered and
authorized to execute the Applicable Agreement and to perform all its
obligations in accordance with the terms herein
it shall not access (or attempt to access) the website and
the Products by any means other than through the interface that is provided by SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER. It shall not use any
deep-link, page scrape, robot, spider or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER Platform, or in any way reproduce or
circumvent the navigational structure or presentation of the platform, without SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER express prior written
consent.
it shall not attempt to gain unauthorized access to any
portion or feature of the Platform, or any other systems or networks connected
to the Platform or to any server, computer, network, or to any of the services
offered on or through the Platform, by hacking, password "mining" or
any other illegitimate means.
INDEMNIFICATION.
(1) User agrees to indemnify, save, and hold SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER, its affiliates, contractors,
employees, officers, directors, agents and its third party suppliers,
licensors, and partners harmless from any and all claims, demands, actions,
suits which may be threatened or brought against SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER, and also against all losses, damages,
liabilities, costs, charges and expenses, including without limitation, legal
fees and expenses arising out of or related to:
Users’ use or misuse of SHRI SAI ENTERPRISES [S S MONEYLINK
] THE SERVICE PROVIDER services or of the Site/application,
any violation by the User of this Agreement or Applicable
Agreement,
any breach of representations, warranties and covenants made
by the User in this Agreement, or Applicable Agreement,
any claim or legal notice or quasi-legal proceedings to
which SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER may be
required to become party or to which SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER may be subjected by any person including any governmental
authority, by reason of breach of any Applicable Law,
due to failure of a User to obtain any required statutory or
regulatory approval necessary for the performance of its obligations in the
Applicable Agreement with SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER,
all liability, claims, damages, costs, expenses suffered or
incurred by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER as a
result of any act or violation of the Business Partner under Section 269ST of
the Income Tax Act, 1961 while acting as collection agent of the Company
(2) SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER reserves the right, at User’s expense, to assume the exclusive defense
and control of any matter, including rights to settle, for which concerned User
is required to indemnify SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER. User agrees to cooperate with SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER defense and settlement of these claims. SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER will use reasonable efforts to notify
concerned User of any claim, action, or proceeding brought by a third party
that is subject to the foregoing indemnification upon becoming aware of it.
DISCLAIMER. To the fullest extent permissible pursuant to
Applicable Law, SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER and its officers, directors, employees, and
agents disclaim all warranties, express or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular purpose,
and non-infringement of proprietary rights. No advice or information, whether
oral or written, obtained by a User from SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER or through SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services or the Site will create any warranty
not expressly stated herein. SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER does not authorize anyone to
make any warranty on its behalf and Users should not rely on any such
statement. Users acknowledge that SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER is a reseller and is
not liable for any third-party seller’s obligations. It is the User’s
responsibility to evaluate the accuracy, completeness and usefulness of all
opinions, advice, merchandise and other information provided through the Site
or on the Internet generally. SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER does not warrant that its
services will be uninterrupted, or free of errors, viruses or other harmful
components and that any of the foregoing defects will be corrected. SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services and the Site and any data,
information, third party software, Reference Sites, or software made available
in conjunction with or through its services and the Site are provided on an “as
is” and “as available”, “with all faults” basis and without warranties or
representations of any kind either express or implied. SHRI SAI ENTERPRISES [S
S MONEYLINK ] THE SERVICE PROVIDER and
its third party suppliers, licensors, and partners do not warrant or make any
representations regarding the use or the results of the use of SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services, the Site or any Reference Sites in
terms of correctness, accuracy, reliability, or otherwise.
INTELLECTUAL PROPERTY. SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER, services and the Site are owned and operated by SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER and/or third-party licensors.
The visual interfaces, graphics, design, compilation, information, computer code
(including source code and object code), products, software, services, and all
other elements of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER services and the Site provided
by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER (the “Materials”) are protected by Applicable
Law. As between User and SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER , all Materials and SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER Intellectual Property are the property of SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER and/or third-party licensors or suppliers.
User agrees not to remove, obscure, or alter SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER or any
third party's copyright, patent, trademark, or other proprietary rights notices
affixed to or contained within or accessed in conjunction with or through SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services. Except as expressly authorized by SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER , the User agrees not to sell, license,
distribute, copy, modify, publicly perform or display, transmit, publish, edit,
adapt, create derivative works from, or otherwise make unauthorized use of the
Materials or SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER Intellectual Property. Parties do not accrue
any rights or interest in the other Party’s Intellectual Property and use of
any Intellectual Property by either User or SHRI SAI ENTERPRISES [S S MONEYLINK
] THE SERVICE PROVIDER shall be strictly
in for the fulfillment of and in compliance with the terms of the agreement
between such User and SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER . Parties undertake that they
shall not, nor will they allow others to, reverse engineer or disassemble any
parts of the other’s Intellectual Property. If Users’ have comments regarding
the SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services and the Site or ideas on how to
improve it, please contact our Helpdesk. Please note that by doing so,
concerned Users hereby irrevocably assign to SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER , and
shall assign to SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER , all right, title and interest in and to all
ideas and suggestions and any and all worldwide intellectual property rights
associated therewith. Concerned User agrees to perform such acts and execute
such documents as may be reasonably necessary to perfect the foregoing rights.
INTELLECTUAL PROPERTY LICENSE BY ALLIANCE PARTNER. Alliance
Partner grants a non-exclusive license to SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER to use Alliance Partner’s name, trademark, and logo in any
marketing or promotional activities undertaken by SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER .
Notwithstanding anything contained herein, SHRI SAI ENTERPRISES [S S MONEYLINK
] THE SERVICE PROVIDER shall be under no
obligation to advertise, market, or promote Alliance Partner or Alliance
Partner’s Intellectual Property.
USE OF INTELLECTUAL PROPERTY. The user undertakes that:
it shall use the Intellectual Property solely for the
discharge of its duties under the Applicable Agreement,
it shall use Intellectual Property of SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER
only in the form and manner stipulated by SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER ,
it shall seek prior written consent from SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER for use of SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER
Intellectual Prope…
Terms & Conditions:
o THIS DOCUMENT IS
AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY, ACT, 2000 AND
RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM
AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THESE TERMS &
CONDITIONS WERE UPDATED ON 15 February 2016 (hereinafter referred to as the
“Agreement”/ “Terms of Use”)
o 1. INTRODUCTION ON
THE SCOPE OF THE AGREEMENT
o TERMS AND
CONDITIONS CONSTITUTE LEGAL CONTRACT. The terms stated herein including any
additional guidelines and/or future modifications to this Agreement read
together with the Privacy Policy, available at www.ssmoneylink.com shall
constitute a legal contract between any person utilizing SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER (“User”) of the one part, and SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER (“SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER ”/“Company”) having its registered office at SHRI SAI
ENTERPRISES [S S MONEYLINK ] PROP. SANJAY G DESHMUKH , WARANDH , TAL MAHAD ,
RAIGAD , 4023065 of the other part (collectively referred to as “Parties” and
singularly referred to as “Party”).
o ACCEPTANCE OF
T&Cs. By using, browsing, accessing, registering or accessing www.ssmoneylink.com
or any mobile application developed by SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER (“Site”), or availing any service rendered by SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER, a User fully, absolutely and
unequivocally agrees to comply with and abide by the Agreement.
o ELIGIBILITY. SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services are open only to
persons of 18 years of age and above who have a valid e-mail address and mobile
phone number. Users who have been previously suspended or removed from availing
any service by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER shall
not be eligible to avail services from SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER. Users shall not impersonate any person or entity, or
falsely state or otherwise misrepresent identity, age or affiliation with any
person or entity. If you are below 18 years of age, please exit the Site.
o APPLICABILITY. The
terms of this Agreement shall be applicable to Users, Business Partners,
Alliance Partners and Applicable Controlled Entities, as set forth in this
Agreement. This Agreement shall be deemed to be incorporated in the Applicable
Agreement. Any reference to the “Agreement” shall include a reference to the
Applicable Agreement and any reference to “Applicable Agreement” shall include
a reference to this Agreement.
o INCONSISTENCY.
Notwithstanding anything contained herein, Applicable Agreement shall prevail
over this Agreement in case of any inconsistency.
o 2. DEFINITIONS AND
INTERPRETATION
In this Agreement, unless the contrary intention appears
and/or the context otherwise requires, capitalized terms defined by: (i)
inclusion in quotation and/or parenthesis have the meanings so ascribed; and
(ii) the following terms shall have the meanings assigned to them herein below:
“Alliance Partners” are
individuals/sole-proprietorships/companies/LLP’s etc who have entered into a
service agreement with SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER for offering SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER’ products and services through web/mobile/API or through any channel
whose particulars are listed in Clause 1 of the service agreement with Alliance
Partners.
“Applicable Agreement” refers to service agreement in
relation to Business Partners and Alliance Partners.
“Applicable Controlled Entity” collectively refers to (i)
Sub-Partners appointed by Business Partners, and the Alliance Partners.
“Applicable Law” includes all applicable Indian statutes,
enactments, acts of the state legislature or parliament, laws, ordinances,
rules, bye-laws, regulations, notifications, guidelines, directions, directives
and orders of any governmental authority, statutory authority, board,
recognized stock exchange, as may be applicable including but not limited to
Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial
Services by Banks, Business Correspondent Guidelines issued by RBI from time to
time, Payment & Settlement Systems Act, 2007 and rules made thereunder,
Policy Guidelines on Issuance and operation of Pre-paid Payment Instruments in
India.
“Business Partners” are firms who have entered into a
service agreement with SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER whose particulars are listed in Clause 1 of the service agreement.
“Confidential Information” means and includes the
Intellectual Property and any and all business, technical and financial
information of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER or of any of its affiliates that is related
to any of the arrangements contemplated in this Agreement or any other
agreement in which this Agreement is incorporated by reference or otherwise
disclosed by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER to the User any information which relates to
its financial and/or business operations, including but not limited to,
specifications, models, merchant lists/information samples, reports, forecasts,
current or historical data, computer programs or documentation and all other
technical, financial or business data, information related to its internal
management, customers, products, services, anticipated products/services, processes,
financial condition, employees, merchants, Intellectual Property, marketing
strategies, experimental work, trade secrets, business plans, business
proposals, customer contract terms and conditions, compensation/commission/
service charges payable to the User, and other valuable confidential
information and materials that are customarily treated as confidential or
proprietary, whether or not specifically identified as confidential or
proprietary.
“Customers” shall mean persons, including all body corporate,
partnerships, limited liability partnerships, who are availing services, either
as a consumer or otherwise, rendered by a service provider through the User
using SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER products or
services.
“Credit” shall mean the payment made by the Business
Partner/Alliance Partner to the Company to carry out transactions through the SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER platform.
“Effective Date” shall mean the date of activation of the
account of the User on SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER portal.
“SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
Platform” shall mean and include, the platforms (website, mobile app, others)
of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER that the User
accesses for registration and further for transacting, including all contents,
services, and technology offered through the Platform.
“Intellectual Property” shall mean all intellectual property
used for the purpose of or in association with or in relation to the
performance of this Agreement and Applicable Agreement, and includes without
limitation, (a) Software, operating manuals, software code, program,
instructions, specifications, processes, input methods, data or information
used in relation to, or in association with, or for the operation of the
software installed by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER, (b) the trademarks, service marks, trade names, business names,
logos, symbols, styles, colour combinations used by SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER during the course of its business and all
depictions, derivations and representations thereof, (c) all promotional
material including without limitation, advertisements, literature, graphics,
images, content and the ‘look and feel’ of all of the above, (d) all
information, data or material in whatever form, whether tangible or not,
provided by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER to the
User during the course of Applicable Agreement; and (e) all techniques,
formulae, patterns, compilations, processes, inventions, practices,
methodology, techniques, improvement, utility model, procedures, designs,
skills, technical information, notes, experimental results, service techniques,
samples, specifications of the products or services, labeling specifications,
rights on software, and any other knowledge or know-how of any nature whatsoever.
“Merchants” shall mean individuals and/or entities
registered on SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
platform and/or appointed by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER and/or for discharging functions prescribed under these terms &
conditions and/or includes Business Partners, Alliance Partners, etc.
“Products” shall mean products developed by SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER including products permitting
electronic top-ups, utility bill payments, travel bookings, delivery of various
financial products, other value-added services using various devices like ATMs,
POS, Mobile Apps, Internet and any other products available on SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER platform from time to time.
“Service Provider” shall mean any entity with which SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER has, directly or indirectly,
executed an agreement for facilitating Transactions between such entity and its
Customers.
“Software” shall include custom-built software that is owned
by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER, or software that
has been licensed from third party suppliers by SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER and in relation to which SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER has obtained the right to sub-license
from such third party suppliers.
“Sub-Partners” shall mean individuals and/or entities
appointed by the merchants on whose premises/outlets/website the Products shall
be sold to the Customers, for and on behalf of the Service Providers, to
facilitate completion of Transactions initiated by such Customers, through the
merchants.
“Transactions” shall mean and include transactions taking
place between a Service Provider and its Customers including, but not limited
to, electronic top-ups for various services, utility bill payments, delivery of
financial products and other services of a like nature provided by the Service
Provider through SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
Products.
“Users” shall include individuals, Business Partner, and
Alliance Partner, unless the context provides otherwise or if the context in which
the term “User” has been used is inapplicable to such individual, Business
Partner or Alliance Partner.
3. GENERAL TERMS AND CONDITIONS
INFORMATION SUPPLIED TO SHRI SAI ENTERPRISES [S S MONEYLINK
] THE SERVICE PROVIDER. Users agree that the information provided by the Users
to SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER on registration
and at all other times, including payment, is true, accurate, current, and
complete.
SECURITY OF ACCOUNT. Users’ mobile number and email identify
a Users’ account with SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER through which SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER services are dispensed (“Account’). SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER encourages Users to choose a strong password
to protect their Account. It is advised that users do not share their password
with anyone or write it down. SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER never, under any circumstances, asks for an Account’s password. If a
User has any reason to believe that his Account is no longer secure, then the
User shall immediately notify SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER and indemnify SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER from any liabilities that may arise from the misuse of such a User’s
Account.
PRIVACY POLICY. All information collected from a User
pursuant to the provision of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER services, and information collected by Alliance Partner, Business
Partners, Sub-Partners and Merchants during the performance of this Agreement
or Applicable Agreement, is subject to SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER Privacy Policy.
RECLAIMING INACTIVE ACCOUNTS. If an Account is found to be
overly inactive, the Account may be reclaimed by SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER without providing notice to the concerned
User. An Account is considered as inactive if the concerned User is not signing
in and/or has not done any transactions for more than 6 consecutive months from
the Account.
THIRD PARTY SITES, PRODUCTS AND SERVICES. SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services and/or the Site may
include links or references to other web sites or services solely for the
Users’ convenience (“Reference Sites”). SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER does not endorse any such Reference Sites or the
information, materials, products, or services contained on or accessible
through Reference Sites. Correspondence or business dealings between Users and
concerned Reference Sites are solely between such User and the concerned
Reference Site. Access and use of Reference Sites, including the information,
materials, products, and services on or available through Reference Sites is
solely at concerned User’s own risk.
BILLING AND PAYMENT. All payments made by Users directly to SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER, shall be made in the
manner and in the quantum detailed on the User’s Account at SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER Platform. Users may be
notified by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
regarding any change in the quantum of payments to be made to SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER and the manner of
disbursement of such payments; however Users are advised to regularly update
themselves of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
billing and payment policy by regularly visiting the Site. SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER shall solely decide on the payments to be
provided to User and may amend the payment structure at any time without any
prior notice to the User. However, after any such amendment, the detailed
payment structure will be made available to the User and be effective
immediately. Credit maintained by the Users with SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER shall be non-interest bearing and shall be
forfeited by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER if
found lying unused for more than 365 days. The User shall keep enough Credit
with SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER to avoid
decline of transactions on the SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER Platform.
SALES. All sales of SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER services are final with no refund or exchange permitted.
Users are responsible for details provided leading to purchase of services. If SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER does not deliver service
within 24 hours of money being charged to a User’s payment account through a
transaction on the Site, the User may inform SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER by sending an e-mail to SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER customer services e-mail address
mentioned on the Contact Us page. . SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER shall investigate the case and if it is found that money was
indeed charged to User’s Payment Account without delivery of the service then
User may be refunded the money within 15 working days from the receipt of his
e-mail.
LIMITATION OF LIABILITY. In no event will SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER or its directors, agents,
officers, or employees be liable to a User for any special, indirect,
incidental, consequential, punitive, or exemplary damages (including without
limitation lost business opportunities, lost revenues, or loss of anticipated
profits or any other pecuniary or non-pecuniary loss or damage of any nature
whatsoever) of any kind arising out of or relating to (i) this Agreement or any
other agreement entered by a User with SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER, (ii) SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER services, the Site or any Reference site, or (iii) User’s use or
inability to use SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
services, the Site or any Reference Sites, even if SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER or a SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER authorized representative has advised of the possibility of
such damages, (iv) unauthorized access to or alterations of transmissions or
data, any material or data sent or received or not sent or received, (v) any
transactions entered into by any third person or conduct of any other third
party or any infringement of another’s rights, (vi) the use of counterfeit or
stolen cards, or stolen devices, or (vii) fraudulent electronic transactions.
It shall be at the sole discretion of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER to reverse any transaction subject to approval of the
concerned Service Provider. Notwithstanding the above, if any court of law
finds that SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER or its
directors, officers, or employees, are liable to indemnify a concerned User
despite the existence of this Clause 3.8, such liability shall not exceed the
amount paid by the concerned User, if any, for using the portion of the SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services or the Site
giving rise to the cause of action. Users acknowledge and agree that SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER has offered its products and
services, set its prices, and entered into this Agreement and Applicable
Agreement in reliance upon the warranty, disclaimers, and the limitations of
liability set forth herein. Users acknowledge that the warranty, disclaimers,
and limitations of liability set forth herein reflect a reasonable and fair
allocation of risk between Users and SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER, and that the warranty, disclaimers, and limitations of
liability set forth herein form an essential basis of the bargain between Users
and SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER. SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER would not be able to provide
the services to Users on an economically reasonable basis without these
limitation.
USER’S REPRESENTATIONS AND WARRANTIES. The User represents
and warrants that:
it has had a full and adequate opportunity to read and
review the Applicable Agreement and has had sufficient time to evaluate and
investigate the provision of services under the Applicable Agreement and the
financial requirements and risk associated with the same,
it has the requisite capital to set up and maintain the
infrastructure as required under the Applicable Agreement,
neither the execution of the Applicable Agreement nor the
performance of the User’s obligations under the Applicable Agreement will
result in a violation or breach of any other agreement by which the User is
bound,
neither the User nor any of the User’s employees or agents
is under any pre-existing obligation in conflict or in any way inconsistent
with the provisions of the Agreement or Applicable Agreement,
it has the right to disclose or use all ideas, and other
information, if any, which the User has gained from third parties, and which
the User discloses to SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER in the course of performance of the Agreement or Applicable Agreement,
without liability to such third parties,
SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
has a right to inspect User’s business premises that are related to the
provision of services under the Agreement or Applicable Agreement, and to
monitor continued and ongoing compliance of the Applicable Agreement,
it shall immediately intimate SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER of any violation or potential violation of
this Agreement by any Applicable Controlled Entity, or of other circumstances
that may cause damage to the goodwill and reputation of SHRI SAI ENTERPRISES [S
S MONEYLINK ] THE SERVICE PROVIDER,
it shall maintain accurate and proper accounts of all
transactions between Applicable Controlled Entity and itself in relation to
discharge of duties by the Applicable Controlled Entity under the Applicable
Agreement,
it shall provide periodic reports of business operations
with respect to the services rendered under the Applicable Agreement to the
sales executive assigned by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER to the User,
it shall observe proper ethics and transparency in all its actions
in the course of discharge of duties under the Applicable Agreement and shall
not, in any circumstances, take any action or make any statement that may
mislead any Applicable Controlled Entity/customer or prospective Applicable
Controlled Entity /customer of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER
it shall make all efforts to settle any disputes that may
arise between Applicable Controlled Entity, or between the Applicable
Controlled Entity and the consumers amicably and in the event, any such dispute
is referred to a consumer forum or other competent authority, shall provide all
assistance in the settlement of the dispute,
it shall bear all costs and expenses for traveling,
promotional activities and other similar out-of-pocket expenses incurred in the
performance of its duties under the Applicable Agreement,
it will not allow the sale of any products and/or provision
of any services which are specifically restricted by SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER,
it is a one-point contact for all its Applicable Controlled
Entities and shall be solely responsible for any fraudulent acts of the
Applicable Controlled Entities,
it has complete control over its Applicable Controlled
Entities and that SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
will not be responsible to entertain any complaints/queries received from any
Applicable Controlled Entities appointed by the User,
it shall comply with all its obligations pursuant to the
Applicable Agreement and ensure that all payments due from it to SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER are paid in a timely manner
in accordance with the Applicable Agreement,
it shall be responsible to obtain any and all consents and
approvals that are required from regulatory or governmental authorities,
including any consent from Customers required to transfer data to the User
and/or the SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER Platform,
as the case may be, in accordance with Applicable Law,
it shall ensure regular and timely payment and deposit of
all taxes, duties and other levies as applicable from time to time with the
relevant authorities,
All costs associated with purchasing of software licenses
and hardware (if any) are to be absolutely and unconditionally borne by the
User,
it shall be solely responsible for and hereby undertakes to
strictly comply with Privacy Policy, and Applicable Law having jurisdiction in
any manner whatsoever in connection with discharge of its duties under the
Applicable Agreement, including but not limited to data protection, security,
piracy, and directions issued by the Reserve Bank of India relating to payment
data, and shall obtain and maintain in full force and effect all registrations
required under Applicable Law for the operation of the business in terms of the
Applicable Agreement, and
it has full power and authority to enter into the Applicable
Agreement and to take any action and execute any documents required by the
terms hereof and this Applicable Agreement has been duly authorized, duly and
validly executed and delivered, and constitutes a legal, valid, and binding
obligation, enforceable in accordance with the terms hereof; and the persons
executing the Applicable Agreement on its behalf are duly empowered and
authorized to execute the Applicable Agreement and to perform all its obligations
in accordance with the terms herein
it shall not access (or attempt to access) the website and
the Products by any means other than through the interface that is provided by SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER. It shall not use any
deep-link, page scrape, robot, spider or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER Platform, or in any way reproduce or
circumvent the navigational structure or presentation of the platform, without SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER express prior written
consent.
it shall not attempt to gain unauthorized access to any
portion or feature of the Platform, or any other systems or networks connected
to the Platform or to any server, computer, network, or to any of the services
offered on or through the Platform, by hacking, password "mining" or
any other illegitimate means.
INDEMNIFICATION.
(1) User agrees to indemnify, save, and hold SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER, its affiliates, contractors,
employees, officers, directors, agents and its third party suppliers,
licensors, and partners harmless from any and all claims, demands, actions,
suits which may be threatened or brought against SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER, and also against all losses, damages,
liabilities, costs, charges and expenses, including without limitation, legal
fees and expenses arising out of or related to:
Users’ use or misuse of SHRI SAI ENTERPRISES [S S MONEYLINK
] THE SERVICE PROVIDER services or of the Site/application,
any violation by the User of this Agreement or Applicable
Agreement,
any breach of representations, warranties and covenants made
by the User in this Agreement, or Applicable Agreement,
any claim or legal notice or quasi-legal proceedings to
which SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER may be
required to become party or to which SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER may be subjected by any person including any governmental
authority, by reason of breach of any Applicable Law,
due to failure of a User to obtain any required statutory or
regulatory approval necessary for the performance of its obligations in the
Applicable Agreement with SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER,
all liability, claims, damages, costs, expenses suffered or
incurred by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER as a
result of any act or violation of the Business Partner under Section 269ST of
the Income Tax Act, 1961 while acting as collection agent of the Company
(2) SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER reserves the right, at User’s expense, to assume the exclusive defense
and control of any matter, including rights to settle, for which concerned User
is required to indemnify SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER. User agrees to cooperate with SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER defense and settlement of these claims. SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER will use reasonable efforts
to notify concerned User of any claim, action, or proceeding brought by a third
party that is subject to the foregoing indemnification upon becoming aware of
it.
DISCLAIMER. To the fullest extent permissible pursuant to
Applicable Law, SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER and its officers, directors, employees, and
agents disclaim all warranties, express or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular purpose,
and non-infringement of proprietary rights. No advice or information, whether
oral or written, obtained by a User from SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER or through SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services or the Site will create any warranty
not expressly stated herein. SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER does not authorize anyone to
make any warranty on its behalf and Users should not rely on any such
statement. Users acknowledge that SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER is a reseller and is
not liable for any third-party seller’s obligations. It is the User’s
responsibility to evaluate the accuracy, completeness and usefulness of all opinions,
advice, merchandise and other information provided through the Site or on the
Internet generally. SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER does not warrant that its
services will be uninterrupted, or free of errors, viruses or other harmful
components and that any of the foregoing defects will be corrected. SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services and the Site and any data,
information, third party software, Reference Sites, or software made available
in conjunction with or through its services and the Site are provided on an “as
is” and “as available”, “with all faults” basis and without warranties or
representations of any kind either express or implied. SHRI SAI ENTERPRISES [S
S MONEYLINK ] THE SERVICE PROVIDER and
its third party suppliers, licensors, and partners do not warrant or make any
representations regarding the use or the results of the use of SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services, the Site or any Reference Sites in
terms of correctness, accuracy, reliability, or otherwise.
INTELLECTUAL PROPERTY. SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER, services and the Site are owned and operated by SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER and/or third-party licensors.
The visual interfaces, graphics, design, compilation, information, computer
code (including source code and object code), products, software, services, and
all other elements of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER services and the Site provided
by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER (the “Materials”) are protected by Applicable
Law. As between User and SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER , all Materials and SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER Intellectual Property are the property of SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER and/or third-party licensors or suppliers.
User agrees not to remove, obscure, or alter SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER or any
third party's copyright, patent, trademark, or other proprietary rights notices
affixed to or contained within or accessed in conjunction with or through SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services. Except as expressly authorized by SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER , the User agrees not to sell, license,
distribute, copy, modify, publicly perform or display, transmit, publish, edit,
adapt, create derivative works from, or otherwise make unauthorized use of the
Materials or SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER Intellectual Property. Parties do not accrue
any rights or interest in the other Party’s Intellectual Property and use of
any Intellectual Property by either User or SHRI SAI ENTERPRISES [S S MONEYLINK
] THE SERVICE PROVIDER shall be strictly
in for the fulfillment of and in compliance with the terms of the agreement
between such User and SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER . Parties undertake that they
shall not, nor will they allow others to, reverse engineer or disassemble any
parts of the other’s Intellectual Property. If Users’ have comments regarding
the SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services and the Site or ideas on how to
improve it, please contact our Helpdesk. Please note that by doing so,
concerned Users hereby irrevocably assign to SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER , and
shall assign to SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER , all right, title and interest in and to all
ideas and suggestions and any and all worldwide intellectual property rights
associated therewith. Concerned User agrees to perform such acts and execute
such documents as may be reasonably necessary to perfect the foregoing rights.
INTELLECTUAL PROPERTY LICENSE BY ALLIANCE PARTNER. Alliance
Partner grants a non-exclusive license to SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER to use Alliance Partner’s name, trademark, and logo in any
marketing or promotional activities undertaken by SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER .
Notwithstanding anything contained herein, SHRI SAI ENTERPRISES [S S MONEYLINK
] THE SERVICE PROVIDER shall be under no
obligation to advertise, market, or promote Alliance Partner or Alliance
Partner’s Intellectual Property.
USE OF INTELLECTUAL PROPERTY. The user undertakes that:
it shall use the Intellectual Property solely for the
discharge of its duties under the Applicable Agreement,
it shall use Intellectual Property of SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER
only in the form and manner stipulated by SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER ,
it shall seek prior written consent from SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER for use of SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER
Intellectual Property which is not previously provided for by SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER ,
it shall bring to SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER notice all cases
concerning SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER Intellectual Property’s (a) infringement, (b)
passing off, (c) registration or (d) attempted registration,
it shall render to SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER all assistance in
connection with any matter pertaining to the protection of SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER
Intellectual Property whether in courts, before administrative agencies,
or otherwise,
it shall not take any action which shall or may impair SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER right, title or interest in the Intellectual
Property, or create any right, title or interest therein or thereto, adverse to
that of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER ,
it shall not use or permit to be used the Intellectual
Property by any unauthorized person, and
it shall not misuse the Intellectual Property or use it
together with any other mark or marks.
MODIFICATION. SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER reserves the right to
change, modify, add, or remove the terms of this Agreement, either in its
entirety or a part thereof (each, a “change”) at any time by posting a
notification to the Site or otherwise communicating the notification to Users.
The changes will become effective, and shall be deemed accepted by Users, 24
hours after the initial posting and shall apply immediately on a going-forward
basis with respect to payment transactions initiated after the posting date. If
Users do not agree with any such modification, Users sole and exclusive remedy
is to terminate their use of the Services.
CONFIDENTIALITY. Parties shall keep Confidential Information
as confidential. Each Party confirms that it shall protect Confidential
Information with such security, confidentiality, and degree of utmost care as
it would prudently apply to its own confidential information and use it solely
in connection with the transaction to which the Confidential Information
relates. Both Parties acknowledge and agree that they are aware of the
sensitivity & secrecy involved in keeping the customer data/information and
transaction records and shall ensure that neither any of the parties nor their
employees, directors, etc will do any act to violate the same. Notwithstanding
anything contained in this Clause 3.16, Confidential Information shall exclude
any information:
which is already in the possession of the receiving Party
and not subject to any other duty of confidentiality,
that is at the date hereof, or subsequently becomes, public
otherwise than by reason of a breach by the receiving party of the terms of
this Agreement,
Information that becomes legally available to the receiving
Party and/or its affiliates or professional advisors on a non-confidential
basis from any third party, the disclosure of which does not, to the knowledge
of that Party, violate any contractual or legal obligation which such third
party has to the other Party with respect to such information, and
Information that is independently acquired or developed by
the receiving Party and/or its affiliates or professional advisors.
DISCLOSURE OF CONFIDENTIAL INFORMATION. Each Party hereby
agrees that it shall not disclose any Confidential Information received by it
without the prior written consent of the other Party to any third party at any
time. Provided, however, that either Party may make the following disclosures
for which no consent shall be required from the other Party:
Disclosures to its directors, officers, employees,
affiliates/subsidiaries/group/holding companies, third-party service providers
and any employees thereof that it reasonably determines need to receive the
Confidential Information;
Disclosures to its legal and other professional advisers,
instructed by it that it reasonably determines to need to receive the
Confidential Information; or
Disclosures to any person to whom it is required by law or
any applicable regulatory, supervisory, judicial or governmental order, to
disclose such information, or at the request of any regulatory or supervisory
or judicial or government authority.
NON SOLICITATION OF EMPLOYEES. The Parties agree not to
solicit or employ staff from each other’s organizations during the term of this
Agreement and for 12 months immediately following the termination of the
Agreement.
NON SOLICITATION OF CLIENTS. During the term of this
Agreement, the User shall not, either directly or indirectly, solicit, cause in
any part of knowingly encourage any existing or potential clients or customers
of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER to cease doing business or not to do
business, in whole or in part with SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER , or solicit, cause in
any part or knowingly encourage an existing or potential clients or customers
of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER to do business with any person other than SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER , or associate with any prospective clients
or customers while they continue to be clients or customers of SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER .
NON-COMPETE ON BUSINESS PARTNER. Business Partner agrees
that during the Term and for a period of one (1) year thereafter, it shall not,
directly or indirectly, through its employees, affiliates or relatives or in a
firm where the Business Partner or any relative or nominee of the Business
Partner is a partner, or in any company where the Business Partner or any
relative or nominee of the Business Partner is a director or shareholder,
without the prior written consent of SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER : (i) be appointed as a
Business Partner for any other person or legal entity which is carrying on a
business similar to or in competition with any business carried by SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER at the relevant time, whether in India or
abroad, or (ii) engage in any business that is similar to or in competition
with any business carried on by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER at the relevant time.
COUNTERPARTS. The Applicable Agreement may be signed in two
(2) or more counterparts and each executed version or an electronic copy
thereof shall be deemed an original and which shall, singly or together,
constitute one agreement.
TERM. This Agreement and Applicable Agreement shall come
into force from the Effective Date and remain valid in perpetuity, unless
terminated by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER by giving to the User, a prior written notice
of at least 90 days (“Term”).
TERMINATION. This Agreement and Applicable Agreement may be
terminated in accordance with the clauses below:
SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER shall be entitled to terminate
this Agreement and Applicable Agreement by serving a written notice of thirty
(30) days to the User in the following circumstances: (a) the User commits any
breach of any of the provisions of this Agreement or Applicable Agreement and,
in the case of a breach capable of remedy, fails to remedy the same within
thirty (30) days after receipt of a written notice giving full particulars of
the breach and requiring it to be remedied; (b) if, in SHRI SAI ENTERPRISES [S
S MONEYLINK ] THE SERVICE PROVIDER
opinion, the User is not a fit person/entity to carry out the
obligations imposed on the User under the Applicable Agreement; (c) if the User
fails to achieve the targets as may be communicated by SHRI SAI ENTERPRISES [S
S MONEYLINK ] THE SERVICE PROVIDER from
time to time.
On the occurrence of the User becoming subject of a
voluntary petition in bankruptcy or any voluntary proceeding relating to
insolvency, receivership, liquidation, or composition for the benefit of creditors.
SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER may terminate the Agreement and
Applicable Agreement without notice provided: (a) if, by the acts or default of
the User, SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER suffers damage to its name and reputation; or
(b) the Business Partner commits any breach of Confidentiality; or (c) upon the
occurrence of force majeure under Clause 3.28 of this Agreement; or (d) there
is a change in shareholding/control or management of the User; or (e) any event
that would affect the ability of the User to perform its obligations under the
Applicable Agreement occurs; or (f) any of the directors/partners/proprietors
of the Business Partner are convicted of any criminal charge.
in the event that SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER gives notice that the
Alliance Partner’s software or hardware is technically inadequate to support
the Connectivity at any stage of development, and the Alliance Partner fails to
cure such deficiency within 90 days after receiving notice to such effect, then
SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER shall be entitled to give notice of
termination as provided,
in the event SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER is unable to get
necessary permission / license from any Service Provider and any statutory
authority and/or any of the Service Provider rescinds its contract with SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER and/or the sale of Products slips down due to
any defective service, negligence or omission on part of the User, SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER shall have the right to rescind the Agreement
by giving 15 days’ notice to the User and the rescission shall take effect
after expiry of the stipulated period of 15 days. Provided that unless otherwise
specified by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER in its notice, any termination of this
Agreement, on account of rescission of an existing contract with any Service
Provider, shall be effective only in relation to Transactions pertaining to such
Service Provider and the Agreement shall continue to remain in force between
the Parties in respect of other Service Providers.
CONSEQUENCES OF TERMINATION. The Parties shall adhere to the
following clauses immediately upon termination of this Agreement:
Upon termination of the Agreement for any reason, SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER may immediately disconnect the availability
of Products from the SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER Platform, including related
services provided by the platform, and no further Transactions may be effected
through the SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER .
Except as otherwise agreed upon between the Parties, any
license to use Intellectual Property Products, of either Party which has been
granted by such Party to the other, pursuant to this Agreement, shall stand
automatically revoked with the termination of this Agreement by any Party.
User shall immediately discontinue and cease to use the
trademark, logo and other Intellectual Property provided by the Company and
shall immediately hand over any and all copies of documentation of such
Intellectual Property.
Upon the termination of this Agreement, the concerned User
shall return and surrender to SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER any Confidential Information
that comes into its possession during the course of its engagement by SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER and shall not retain a copy thereof in any
form whatsoever. User shall, with SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER prior written consent,
promptly destroy the Confidential Information in its possession (and any
copies, extracts, and summaries thereof) and will provide SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER
with written certification of destruction.
immediately return to SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER originals and copies of any and all materials provided to
the User pursuant to the Applicable Agreement, including publicity and
marketing materials in its possession.
provide remote access to SHRI SAI ENTERPRISES [S S MONEYLINK
] THE SERVICE PROVIDER to disable any software that SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER had
installed.
remove all signboards, banners, glow sign boards of SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER from its office and also all such material,
which will indicate any association with SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER
cease to promote, market or advertise SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER or its products/services.
the User shall grant SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER , its employees or agents, access to its information
technology systems for a period of thirty (30) days after termination.
Notwithstanding the above, the User shall not, if so
directed by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
discontinue discharging its duties under the Applicable Agreement during the
notice period and shall continue discharging its duties as per the Applicable
Agreement until indicated otherwise by SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER,
SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER
shall have the right, exercisable at its sole discretion, to appoint another
User in its place. The User shall fully cooperate with such newly appointed
User.
Upon notice of termination from either party, the User shall
ensure that during the notice period leading to the termination, all systems
and procedures will be strictly adhered to and all customers handled properly.
All inquiries from customers will be diverted to SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER by the
User.
Subject as otherwise provided in this Agreement and to any
rights or obligations that have accrued before termination, neither Party shall
have any further obligation to the other under this Agreement.
Any termination of this Agreement or Applicable Agreement
shall be without prejudice to SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER rights under law and equity
PROMOTION. The user shall promote the sale of SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER products/services in
accordance with the publicity and marketing guidelines issued by the SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER from time to time. User shall only
market/promote SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER services as authorized by SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER in writing in this behalf and shall not
market/promote any other services that may potentially be provided by SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER in the future unless otherwise authorized in
writing. The user shall maintain stock and prepare MIS of the promotional
material dispatched from SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER and ensure that such material will be displayed in the Merchant
outlets at prominent eye-level locations to promote the business at that
outlet.
ARBITRATION. SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER may elect to resolve any dispute, controversy or claim arising
out of or relating to the Agreement or SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER services by
binding arbitration in accordance with the provisions of the Indian Arbitration
& Conciliation Act, 1996. Any such dispute, controversy or claim shall be
arbitrated on an individual basis and shall not be consolidated in any
arbitration with any claim or controversy of any other party. SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER shall nominate a sole arbitrator who shall
preside over the arbitration proceedings between SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER and
concerned User. The arbitration shall be conducted in New Delhi, India and
judgment on the arbitration award may be entered in any court having
jurisdiction thereof. Either SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER or concerned User may seek any
interim or preliminary relief from a court of competent jurisdiction in New
Delhi, India, necessary to protect the rights or the property of concerned User
or SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER (or its agents, suppliers, and
subcontractors), pending the completion of arbitration. Any arbitration shall
be confidential, and concerned User, nor shall SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER
disclose the existence, content or results of any arbitration, except as
may be required by law or for purposes of the arbitration award. All
administrative fees and expenses of an arbitration will be divided equally
between SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER and concerned User. In all arbitrations,
each party will bear the expense of its own lawyers and preparation. The
language of the arbitration shall be English.
GOVERNING LAW. This Agreement shall be governed by and
construed in accordance with the laws of India, without regard to its conflict
of law provisions and, subject to the arbitration provision in section 3.19,
the exclusive jurisdiction of competent courts in New Delhi, India.
FORCE MAJEURE. Neither Party shall be liable for failure to
perform its obligations under this Agreement to the extent such failure is due to
causes beyond its reasonable control. In the event of a force majeure, the
Party unable to perform shall notify the other Party in writing of the events
creating the force majeure and the performance obligations of the Parties will
be extended by a period of time equal to the length of the delay caused by
force majeure; provided that if any such delay exceeds ninety days, then
following such ninety-day period, either party hereto may terminate the
unperformed portions of this Agreement on ten days prior written notice to the
other Party. For the purposes of this Agreement, force majeure events shall
include, but not be limited to, acts of God, failures or disruptions, orders or
restrictions, war or warlike conditions, hostilities, sanctions, mobilizations,
blockades, embargoes, detentions, revolutions, riots, looting, strikes,
stoppages of labor, lockouts or other labor troubles, earthquakes, fires or
accidents.
RECORDS AND AUDIT. The Users shall maintain all statutory
records as may be required from time to time to be maintained under the
Applicable Law. Further, the Users shall maintain accurate books of accounts in
relation to their engagement with SHRI SAI ENTERPRISES [S S MONEYLINK ] THE
SERVICE PROVIDER, pursuant to service rendered by User pursuant to the
Applicable Agreement, in accordance with standard accounting practices and
shall have the same audited annually by an auditor of good standing and repute
and shall forward copies of the audited accounts to SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER annually or as and when required by SHRI SAI
ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER. The user hereby permits the
authorized personnel of the SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER to enter and inspect all books, accounts, records, and materials in
relation to the business operations related to the Applicable Agreement during
normal business hours. During the term of Applicable Agreement and at any time
within sixty (60) days after the termination of the Applicable Agreement, SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER or its
employee/representative/agent may, at its expense, carry out an audit to
determine whether the User has properly complied with its obligations under the
Applicable Agreement. In the event the results of such audit determine that the
User has not complied with its obligations under the Applicable Agreement, SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER shall intimate the User
of such nonperformance or the non-observance and the Business Partner shall
immediately comply with its obligations, or within such other period as may be
specified by Company.
PUBLIC RELATIONS. Upon execution of the Applicable
Agreement, Parties shall have the right to announce the cooperative arrangement
as described in the Agreement, provided that all announcements must be approved
in writing by both Parties and such approval shall not be unreasonably
withheld.
SEVERABILITY. If any provision of this Agreement is held to
be unlawful, void, invalid or otherwise unenforceable, then that provision will
be limited or eliminated from this Agreement to the minimum extent required, and
the remaining provisions will remain valid and enforceable.
ASSIGNMENT. This Agreement and any rights granted hereunder
may not be transferred or assigned by User without SHRI SAI ENTERPRISES [S S
MONEYLINK ] PROP. SANJAY G DESHMUKH , WARANDH , TAL MAHAD , RAIGAD , 4023065prior
written consent but may be assigned by SHRI SAI ENTERPRISES [S S MONEYLINK ]
PROP. SANJAY G DESHMUKH , WARANDH , TAL MAHAD , RAIGAD , 4023065without
restriction. Any assignment attempted to be made in violation of this provision
shall be void and of no effect.
SURVIVAL. Clause 1.4, 2.1, 3.3, 3.8, 3.9, 3.10, 3.11, 3.12,
3.13, 3.16, 3.17, 3.18, 3.19, 3.20, 3.26, 3.27, 3.33 of this Agreement shall
survive the termination or expiration as applied to transfers and relationship
prior to such termination or expiration.
HEADINGS. The heading references herein are for convenience
purposes only, do not constitute a part of this Agreement, and will not be
deemed to limit or affect any of the provisions hereof.
ENTIRE AGREEMENT. This is the entire agreement between Users
and SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER relating to the subject matter hereof and
will not be modified except in writing, signed by both parties, or by a Change
to this Agreement made by SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER in accordance with the terms of this Agreement.
NOTICE. SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER may provide Users with notices and communications by email, regular
mail, or posts on the SHRI SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE
PROVIDER website, www.Sahaallrecharge.IN or by any other reasonable means.
Except as otherwise set forth herein, notice to SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER must
be sent by courier or registered post to Legal Department, SHRI SAI ENTERPRISES
[S S MONEYLINK ] THE SERVICE PROVIDER SHRI
SAI ENTERPRISES [S S MONEYLINK ] PROP. SANJAY G DESHMUKH , WARANDH , TAL MAHAD
, RAIGAD , 4023065, APPAN PALLY , SHRI SAI ENTERPRISES [S S MONEYLINK ] PROP.
SANJAY G DESHMUKH , WARANDH , TAL MAHAD , RAIGAD , 4023065
WAIVER. The failure of SHRI SAI ENTERPRISES [S S MONEYLINK ]
THE SERVICE PROVIDER to exercise or
enforce any right or provision of this Agreement will not constitute a waiver
of such right or provision. Any waiver of any provision of this Agreement will
be effective only if in writing and signed by SHRI SAI ENTERPRISES [S S
MONEYLINK ] THE SERVICE PROVIDER .
RELATIONSHIP BETWEEN THE PARTIES. This Agreement is not
intended by the Parties to constitute or create a joint venture, pooling
arrangement, partnership, agency or formal business organization of any kind. SHRI
SAI ENTERPRISES [S S MONEYLINK ] THE SERVICE PROVIDER and the Alliance Partner/Business Partner
shall be independent contractors with each other for all purposes at all times
and neither Party shall act as or hold itself out as an agent or representative
of the other Party nor shall create or attempt to create liabilities for the
other Party by acting or holding itself out as such