In order to use Website and/or applications, you must first read and accept the terms of this license.
All sales of Recharge are final and there will be no refund or exchange permitted. Please be advised that You are responsible for the mobile number or DTH account number you purchase Recharge for and all charges that result from those purchases. Goyal Paisa is not responsible for any purchase of Recharge for an incorrect mobile number or DTH account number.
However, in a case where a transaction has been completed by you on the Site, and money has been charged to your card or bank account but a Recharge has not delivered within 24 hours of your completion of the transaction then you may inform us by sending us an email on goyalrecharge@gmail.com or posting us a message on the contact us page. In such a scenario you will be entitled to a full refund. We request you to include in the email the following details - the mobile number or DTH account number, operator name, Recharge value, Transaction date and Order Number (Goyal Paisa) shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Recharge then you will be refunded the money within 7 working days from the date of the receipt of your email.
IMPORTANT: This user Agreement IS A LEGAL
AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE
ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND Goyal Enterprises (Hereinafter
referred to as “GOYAL PAISA” or "COMPANY") with registered address- 28K, Bazar Khurd, Purkazi, Dist- Muzaffarnagar, Uttar Pradesh, PIN-251327.
READ IT CAREFULLY BEFORE COMPLETING THE LOGIN PROCESS AND USING THE WEBSITE AND/OR APPLICATIONS. THE USE OF THIS WEBSITE AND/OR APPLICATION AND THE CONTENT CONTAINED THEREIN IS GOVERNED BY THE FOLLOWING TERMS OF USE. WHEN YOU USE THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND THAT YOU ACCEPT AND WILL BE BOUND BY THE TERMS AND CONDITIONS HEREOF. IF YOU DO NOT AGREE TO OR WISH TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THE WEB SITE. THESE TERMS MAY BE MODIFIED FROM TIME TO TIMEWITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON OUR SITES. IN ORDER TO USE THIS WEBSITE AND/OR APPLICATION, YOU MUST FIRST READ AND ACCEPT THE TERMS OF USE.
WHEREAS:
- The Company is in the electronic transaction
processing business and inter-alia, engaged in the business of online
transactions of various services like recharge (Mobile, DTH, Digital
Wallet Top ups), Bill payments, Insurance, wallets, cash management
service (cash point), E-shopping, Money Remittance and other related
business on real time basis through its network under B2B Model across the
Country and owns a software which is a flexible and secure solution for
payments, Cash Collections, validation and Settlements.
- The USER is desired to offer the above
mentioned services to the Customer from its locations and desired to uses
the Goyalpaisa application which runs on Desktops, Laptops and Mobile
phones using Android under this platform.
- The Company has developed its official website
and/or application namely Goyalpaisa.in and its sub sites which has
the features or offers to operate the business of Goyalpaisa and also
developed applications which can be run on mobiles or on desktop.
- The USER has approached the Company and
requested the Company to provide service to the USER intending to purchase
or inquiring for any products and/ or services of the Company by using
Company's website and/or applications or using any other customer
interface channels of Company which includes its advertisements,
information campaigns etc. to permit them to use of the website and/or
application.
- The Company accepted the offer of User and
wishes to have a business relationship as subject to the following terms
and conditions.
NOW
THEREFORE IN CONSIDERATION OF THE PREMISE AND THE MUTUAL RIGHTS AND OBLIGATIONS
HEREIN SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS:
Unless the contrary intention appears:
i.
"authorization" includes an authorization,
consent, clearance, approval, permission, resolution, license, exemption,
filing and registration;
ii.
"“Encumbrance” includes
a mortgage, charge, lien, pledge, hypothecation, security interest or any lien
or any right of any description whatsoever;
iii.
"“person” includes
an individual, statutory corporation, body corporate, partnership, joint
venture, association of persons, Hindu Undivided Family (HUF), societies
(including co-operative societies), trust, unincorporated organization,
government (central, state or otherwise), sovereign state, or any agency,
department, authority or political subdivision thereof, international
organization, agency or authority (in each case, whether or not having separate
legal personality) and shall include their respective successors and assigns
and in case of an individual shall include his legal representatives,
administrators, executors and heirs and in case of a trust shall include the
trustee or the trustees for the time being;
iv.
The
words “include” or “including” shall be
construed without limitation;
v.
a gender shall
include references to the female, male and neuter genders;
vi.
a "month" is
a reference to a period starting on one day in a calendar month and ending on
the date immediately before the numerically corresponding day in the next
calendar month, except that if there is no numerically corresponding day in the
month in which that period ends, that period shall end on the last day in that
calendar month;
vii.
The singular includes
the plural (and vice versa);
viii.
"Content" means the text, documents,
information, data, articles, images, photographs, graphics, software,
applications, video recordings, audio recordings, sounds, designs, features,
and other materials that are available on the Site.
ix.
"Content" also includes Marks and
Products and Services.
x.
"Mark" means trademark, trade name,
service mark, trade dress, logo, custom graphics, or icon.
xi.
"Member" means an individual who has
registered with the Site. Members choose a Member ID and a password.
xii.
"Member
ID" means
the Unique IDyou use (with your password) to login to the Site.
xiii.
"Products
and Services" means
the services and products offered by the Goyalpaisa under B2B model through the
Site.
xiv.
"Provider" means the ultimate suppliers,
information providers, and other service providers whose product/services are
being offered by the Goyalpaisa.
xv.
"Purchase" means to book, reserve, or
purchase. The terms "Site", "Marks", "Content"
and "Products and Services" do not include the sites, marks, content,
products or services that are provided by third parties, and that are available
through a link from the Site. Their use is subject to the terms set forth by
their respective owners or operations, on the third party's website and/or
application.
xvi.
"website
and/or application" means
the Goyalpaisaindia.com website and/or applications, and their respective
subsites, computer or Mobile running applications together with the respective
Content, Marks, Products and Services available from these sites/ subsites or
applications.
xvii.
""Confidential
Information" means any and all information in whatever form
whether disclosed orally or in writing or whether eye readable, machine
readable or in any other form including, without limitation, the form,
materials and design of any relevant equipment or any part thereof, the methods
of operation and the various applications thereof, processes, formulae, plans,
strategies, data, know how, designs, photographs, drawings, specifications,
technical literature and any other material made available by one Party to the
other Party or gained by the visit by one Party to any establishment of the
other Party whether before or after this Agreement is entered into, for the
purpose of considering, advising in relation to or furthering the negotiations
(and any information derived from such information).
a.
The
Company agrees to permit the User to register its details in the Company’s
website and/or application. The user shall choose a password and shall maintain
the confidentiality of the password and account. The user is fully responsible
for all activities that occur while using their password or account. It is the
duty of the user to notify the Company immediately of any unauthorized use of
their password or account or any other breach of security. The Company will not
be liable for any loss that may be incurred by the user as a result of
unauthorized use of their password or account, either with or without their knowledge.
b.
Additionally,
the Company itself may provide terms and guidelines that govern particular
features, offers or the operating rules and policies applicable to each Service
or product of the Company. The User shall be responsible for ensuring
compliance with the terms and guidelines or operating rules and policies of the
Service Provider with whom the User elects to deal, including terms and
conditions set forth in a Service Providers' fare rules, contract of carriage
or other rules.
c.
The
USER agrees that they shall not distribute exchange, modify, sell or transmit
anything from the Company’s website and/or application, including but not
limited to any text, images, audio and video, for any business, commercial or
public purpose.
d.
The
Company reserves the right, in its sole discretion, to terminate the access to
any or all Company’s website and/or applications or its other sales channels
and the related services or any portion thereof at any time, without notice,
for general maintenance or any reason what so ever.
e.
It
is agreed between the parties that, as long as the USER comply with the terms
of Use, the Company agrees provide a non–exclusive, non–transferable, limited
right to enter, view and use its website and/or application to the USER. The
USER agrees not to interrupt or attempt to interrupt the operation of this
website and/or application in any manner.
f.
Access
to certain areas of the Company’s website and/or application may only be
available to registered members. To become a registered member, the USER shall answer
certain questions. Answers to such questions may be mandatory and/or optional.
The USER represents and warrants that all information’s are true and accurate.
g.
The
products and services displayed on the website and/or application may not be
available for purchase in particular country or locality of the USER. The
reference to such products and services on the website and/or application does
not imply or warrant that these products or services shall be available at any
time in particular geographical location. The User shall check with local
Company’s authorized representative for the availability of specific products
and services in the USER area.
h.
In
addition to this Agreement, there are certain terms of service terms of service
specific to the services rendered/ products provided by the Company, such terms
of service will be provided/ updated by the Company which shall be deemed to be
a part of this Agreement and in the event of a conflict between such terms of
service and this Agreement, the terms of this Agreement shall prevail.
i.
The
Company’s Services are offered to the User conditioned on acceptance without
modification of all the terms, conditions and notices contained in this
Agreement and the terms of service, as may be applicable from time to time. For
the removal of doubts, it is clarified that availing of the Services by the
User constitutes an acknowledgement and acceptance by the User of this
Agreement and the terms of service. If the User does not agree with any part of
such terms, conditions and notices, the User must not avail the Company’s
Services.
- TERMS OF WEB SITE USER(S)
ELIGIBILITY:
User(s) means any person who uses and
has the right to use the services provided by Goyalpaisa on this website and/or
application.
The services are available to those
persons who can form legally binding contracts under the applicable law.
Therefore, user(s) should not be a minor or otherwise incompetent as per Indian
Law; i.e. user(s) must have completed the age of 18 years of age to be eligible
to use company online services.
Company advises its users that while
accessing the web site, they must follow/abide by the applicable laws. Goyalpaisa
is not responsible for the possible consequences caused by your act/behaviour
during the use of this web site and/or application. Goyalpaisa may, in its sole
discretion, refuse the service to anyone at any time without assigning any
reason.
.
This
Agreement shall take effect and become binding upon the Parties immediately
after the party has signup in into the website and/or application.
a.
This
Agreement may be terminated by company immediately without any reason thereof,
if the user misuses the website and/or application/application or does not
comply with the terms and conditions of this agreement
b.
Upon
termination of this Agreement for whatever reason, all the rights and obligations
of the Parties hereunder shall cease.
.
if
User download any Content from website and/or application, the USER shall not
remove any copyright or trademark notices or other notices that go with it.
a.
The
Company agrees to make every effort to ensure that the description and content
on each page of the website and/or application is correct, it does not,
however, take responsibility for changes that occur due to human, data entry
errors or for any loss or damages suffered by any user due to any information
contained herein. Also, the Company does not own or operate the services of
service provider and cannot therefore control or prevent changes in the
published descriptions. The Company reserves the right to make changes therein from
time to time.
b.
The
USER should not take any action based on information on the website and/or
application until received a confirmation of the transaction.. If you have not
received a confirmation of the purchase via e-mail or SMS, (check in
"spam" or "junk" folder to verify that it has not been
misdirected), and if still not found, USER shall contact customer service
department of the Company.
c.
The
Company agrees to take all measures to exclude viruses from the website and/or
application, but cannot ensure that the website and/or application will be at
all times free from viruses or other destructive software. The USER shall take
appropriate safeguards before downloading information from the website and/or
application. The Company shall not hold any responsibility for any damages to
computer equipment or other property that may result from use of the Site or
downloading anything from the website and/or application.
d.
The
Company’s website and/or applications may contain links to other website and/or
applications. The linked sites are not under the control of the Company and
hence, the Company is not responsible for the content of any linked site, or
any changes and updates to a linked site. The Company is providing these links
to the USER only as a convenience, and the inclusion of any link does not
entail endorsement by the Company of the site or any association with its
operators or owners.
e.
The
Company acts only as a business agent, it accepts no liability whatsoever for
any part of the arrangements between the supplier and the customer with regard
to the standard of service. In no circumstances the Company shall be liable for
the services provided by the supplier/third party.
f.
If
the website and/or application contains bulletin boards, chat rooms, access to
mailing lists or other message or communication facilities, the USER agrees to
use the same only to send and receive messages and materials that are proper
and related thereto. The USER agrees that when using the website and/or
application or any facility available there from, shall not do any of the
following:
1. Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
2. Publish, post, distribute or
disseminate any defamatory, infringing, obscene, indecent or unlawful material
or information.
3. Upload or attach files that contain
software or other material protected by intellectual property laws (or by
rights of privacy and publicity) unless the User owns or controls the rights
thereto or has received all consents therefor as may be required by law
4. Upload or attach files that contain
viruses, corrupted files or any other similar software or programs that may
damage the operation of another's computer.
5. Delete any author attributions, legal
notices or proprietary designations or labels in any file that is uploaded.
6. Falsify the origin or source of
software or other material contained in a file that is uploaded.
7. Advertise or offer to sell any goods
or services, or conduct or forward surveys, contests or chain letters, or
download any file posted by another user of a Forum that the User knows, or
reasonably should know, cannot be legally distributed in such manner.
g.
The
USER agrees that, they shall not post or transmit any defamatory, libellous,
obscene, pornographic, profane, threatening or unlawful material or any
material that could constitute or encourage conduct that would be considered a
criminal offense or give rise to civil liability, or otherwise violate any law.
The Company assumes no liability or responsibility arising from the contents of
any communications containing any defamatory, erroneous, inaccurate, libellous,
obscene or profane material. The Company may change, edit, or remove any user
material or conversations that are illegal, indecent, obscene or offensive, or
that violates the Company’s policies in any manner way.
h.
The
Company agrees to fully cooperate with any law enforcement authorities or court
order requesting or directing the Company to disclose the identity of anyone
posting such materials.
i.
Any
communications or materials send by the USER to the website and/or application
by electronic mail or otherwise, including any comments, data, questions,
suggestions or the like, all such communications are, and will be treated by
the Company, as non–confidential. The USER hereby give up any and all claim
that any use of such material violates any of rights including moral rights,
privacy rights, proprietary or other property rights, publicity rights, rights
to credit for material or ideas, or any other right, including the right to
approve the way the Company uses such material. Further, any material submitted
to this Site may be adapted, broadcast, changed, copied, disclosed, licensed,
performed, posted, published, sold, transmitted or used by the Company.
.
It
is agreed between the parties that, all materials on website and/or application,
including but not limited to audio, images, software, text, icons and such like
(the “Content”), are belongs to the Goyalpaisa. The USER shall not use the
Content, except as specified therein. The USER agrees to follow all
instructions on website and/or application limiting the way USER may use the
Content. The website and/or application is the sole and exclusive property of
the Company or its licensors. The Company and its licensors retain all right,
title and interest (including all copyright, trademark, patent, trade secrets,
and all other intellectual property rights) in the website and/or application.
Any unauthorized use, reproduction or modification of the website and/or
application may violate the applicable laws.
a.
There
are a number of proprietary logos, service marks and trademarks found on
website and/or application whether owned/used by the Company or otherwise. By
displaying them on the website and/or application, the Company is not granting
the USER any license to utilize those proprietary logos, service marks, or
trademarks. Any unauthorized use of the Content may violate the laws of privacy
and publicity.
- FEES PAYMENT:
.
The
Company reserves the right to transaction fees based on certain completed
transactions using the services. The Company further reserves the right to
alter any and all type of fees/renewal charges/usage charges etc from time to
time, without notice. The User shall be completely responsible for all charges,
fees, duties, taxes, and assessments arising out of the use of the services.
The Company agrees to send
transaction confirmation &other information to update the USER on the
transaction status and any further information via SMS (short messaging
service) on the mobile number given by the USER at the time of booking. The
USER hereby unconditionally consents such intimation via SMS by the Company in
accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority
of India (TRAI) or such other authority in India and abroad.
.
The
USER expressly undertakes to provide to the Company only correct and valid
information while requesting for any services under this agreement, and not to
make any misrepresentation of facts at all. Any default on part of the User
would vitiate this agreement and shall disentitle the User from availing the
services from the Company.
a.
In
case if the Company discovers or has reasons to believe at any time during or
after receiving a request for services from the USER that the request for
services is either unauthorized or the information provided by the USER or any
of them is not correct or that any fact has been misrepresented by them, the
Company in its sole discretion shall have the unrestricted right to take any
steps against the User(s), including cancellation of the transactions, etc.
without any prior intimation to the User. In such an event, the Company shall
not be responsible or liable for any loss or damage that may be caused to the
USER or any of them as a consequence of such cancellation of transaction or
services.
b.
The
User unequivocally indemnifies the Company of any such claim or liability and
shall not hold the Company responsible for any loss or damage arising out of
measures taken by Company for safeguarding its own interest and that of its
genuine customers. This would also include Company denying/cancelling any transaction
on account of suspected fraud transactions.
The user hereby consents, expresses
and agrees that they have read and fully understands the Privacy Policy of the
Company contained in the Company website and/or applications and hereby
consents that the terms and contents of such Privacy Policy are acceptable to
them.
.
The
Company and its Providers make no warranty of any kind regarding the website
and/or application, Content, Products or Services, all of which are provided on
an "as is" basis. The Company and its Providers expressly disclaim
any representation or warranty that the website and/or application will be free
from errors, viruses or other harmful components, that communications to or
from the website and/or application will be secure and not intercepted, that
the Services and other capabilities offered from the website and/or application
will be uninterrupted, or that its Content will be accurate, complete or
timely. The fact that the Company is including or offering any Product or
Service on the website and/or application is not an endorsement or a
recommendation of the Product or Service.
a.
Other
than those warranties which, under the laws applicable to these terms, are
implied by laws, and are incapable of exclusion, restriction or modification,
the Company and its providers expressly disclaim all warranties and conditions,
including implied warranties and conditions of merchantability, fitness for a
particular purpose, title, non-infringement, and those arising by statute or
otherwise in law or from a course of dealing or usage of trade.
.
Subject
to applicable law, use of the website and/or application and its Content is at
user own risk. Services and Products made available on this Site are subject to
conditions imposed by the Providers, including but not limited to tariffs,
conditions of carriage, international conventions and arrangements, and federal
government regulations. Providers who furnish products or services through this
Site are independent contractors, and not agents or employees of the Company.
a.
In
no event the Company or its providers be liable to any party for any direct,
indirect, special or other consequential damages for any use of this site, any
hyper linked web site, the acts or omissions of providers who furnish products
or services through this site, or the products or services offered by providers
through this site, including, without limitation, whether based in contract,
tort, negligence, strict liability or otherwise, that arises out of or is in
any way connected with(i) any use of, browsing or downloading of any part of
our site or content, (ii) any failure or delay (including without limitation
the use of or inability to use any component of this site for transaction), or
(iii) the performance or non-performance by Goyal Paisa or any provider, or
(iv) any damages or injury caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction or
unauthorized access to, alteration of, or use of record, even if the Company
and the provider(s) have been advised of the possibility of damages to such
parties or any other party.
.
Each
of the Parties recognizes, accepts and agrees that all information obtained or
disclosed, including but not limited to all data, documents, applications,
papers, statements, slips, programmes, plans and/or any business/ customer
information, marketing strategies/plans and any and all other trade secrets,
confidential knowledge or information of either Party relating to its business,
practices and procedures (hereinafter collectively referred to as
“Information”) which may be provided or communicated by such Party to the other
Party in connection with this Agreement and/or in the course of performance
under this Agreement, is, shall be and shall remain the sole property of the
Party providing such Information and shall be of a strictly private and
confidential nature and shall be treated as confidential by the other Party.
a.
During
the term of this Agreement and thereafter, neither Party shall not make use of
any such Information for any purpose whatsoever which is not necessary for the
discharge of its obligations under this Agreement, or to the disadvantage of
the Party providing such Information, nor shall the Party receiving such
Information divulge it to anyone other than the Party providing the Information
or persons designated by such Party.
b.
All
Information shall be returned forthwith by the Party receiving such Information
to the Party providing the Information on the expiry or termination of this
Agreement:
c.
Provided
that the Party receiving such Information shall, upon demand by the Party
providing it at any time during the term of this Agreement, return to the Party
providing it, any and all Information.
d.
The
obligations of each of the Parties contained in this clause shall continue for
the term of this Agreement and five (5) years after the termination of this
Agreement but shall not apply to any Information which: (a) is or hereafter
comes into the public domain otherwise than through a breach by any Party of
its obligations under this Agreement; (b) is, at the time of disclosure,
already known to the Party receiving the Information as evidenced by such
Party’s written documentation; (c) is independently developed by employees of
the Party receiving the Information who have not had access to or received any
such Information under this Agreement; or (d) is required to be disclosed for
the purpose of providing Assistance hereunder subject to the other Party’s
prior consent to the same:
Provided, however, that nothing contained in this clause shall prevent any
Party from disclosing such Information to the extent required in or in
connection with legal proceedings arising out of this Agreement or any matter
relating to or in connection therewith.
e.
Neither
Party shall issue any public statement concerning these arrangements or
disclose the contents hereof or matters related thereto to the public or any
third party except with the express prior written approval of the other Party
or except as required under applicable law.
f.
The
provisions of this clause shall survive the termination or expiry of this
Agreement.
.
Without
prejudice to the other remedies available to the Company under this agreement,
the TERMS OF SERVICE or under applicable law, the Company may limit the user's
activity, or end the user's listing, warn other users of the user's actions,
immediately temporarily/indefinitely suspend or terminate the user's
registration, and/or refuse to provide the user with access to the website
and/or application if:
i.
The
user is in breach of this agreement, the TERMS OF SERVICE and/or the documents
it incorporates by reference;
ii.
The
Company is unable to verify or authenticate any information provided by the
user; or
iii.
The
Company believes that the user's actions may infringe on any third party rights
or breach any applicable law or otherwise result in any liability for the user,
other users of the website and/or application and/or the Company.
a.
The
Company may at any time in its sole discretion reinstate suspended users. Once
the user have been indefinitely suspended the user shall not register or
attempt to register with the Company or use the website and/or application in
any manner whatsoever until such time that the user is reinstated by the
Company.
b.
Notwithstanding
the foregoing, if the USER breaches this agreement, the TERMS OF SERVICE or the
documents it incorporates by reference, the Company reserves the right to
recover any amounts due and owing by the user to the Company and/or the service
provider and to take strict legal action as the Company deems necessary.
a. The Company is not responsible for
any errors, omissions or representations on any of its pages or on any links or
on any of the linked website and/or application pages.
b. User will check Operator Name,
Amount, Mobile Number and offer given by operator to respective customer by
herself/himself. In any case if amount got charged but could not be succeed,
Company will not be responsible for that and amount shall not be reversible.
c. If everything entered was right but
still could not be succeed then User shall tag a transaction check request via “Have
dispute?” option. No any complaint over phone call would be entertained.
d. If user has any dispute he will tag
request within 48 hours and if found that transaction was not really successful,
user shall get the transaction amount reversed but only when requested within
48 hrs.
e. Goyal Paisa is only providing a
payment gateway/Recharge Portal to user not offering any recharge plan. For any Inquiry, Complaint, or Request after getting recharge with requested amount,
user or customer will have to call its operator not to Goyal Paisa customer
care.
f. If requesting via E-Mail include the following details - the mobile number or DTH account number, operator name, Recharge value, Transaction date and Order Number (company Name) shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Recharge then you will be refunded the money within 7 working days from the date of the receipt of your email.
The USER agrees to indemnify, defend
and hold harmless the Company and/or its affiliates, their website and/or
applications and their respective lawful successors and assigns from and
against any and all losses, liabilities, claims, damages, costs and expenses
(including reasonable legal fees and disbursements in connection therewith and
interest chargeable thereon) asserted against or incurred by the Company and/or
its affiliates, partner website and/or applications and their respective lawful
successors and assigns that arise out of, result from, or may be payable by
virtue of, any breach or non-performance of any representation, warranty,
covenant or agreement made or obligation to be performed by the User pursuant
to this agreement. The user shall be solely and exclusively liable for any
breach of any country specific rules and regulations or general code of conduct
and Company cannot be held responsible for the same.
- RELATIONSHIP:
None of the provisions of any
agreement, terms and conditions, notices, or the right to use the website
and/or application by the User contained herein or any other section or pages
of the Company website and/or applications or its partner website and/or
applications, shall be deemed to constitute a partnership between the User and
the Company and no party shall have any authority to bind or shall be deemed to
be the agent of the other in any way
All notices required or permitted
hereunder shall be in writing and in the English language and shall be sent by
internationally recognized courier or by facsimile transmission (with
confirming facsimile receipt) addressed to the address of each Party set forth
below, or to such other address as such other Party shall have communicated to
the other Party in writing. Notice shall be deemed to have been served when
received (and in case of a facsimile transmission, provided that a confirming
copy is sent to the other Party, in accordance with the non-facsimile notice
delivery requirements).
If to : Goyal Enterprises (Goyalpaisa)
28K, Bazar Khurd, Purkazi, Dist-
Muzaffarnagar, Uttar Pradesh (251327)
E-mail:- goyalrecharge@gmail.com
If any provision of this agreement is
determined to be invalid or unenforceable in whole or in part, such invalidity
or unenforceability shall attach only to such provision or part of such
provision and the remaining part of such provision and all other provisions of
this Agreement shall continue to be in full force and effect.
The User acknowledges that the
Company provides services with reasonable diligence and care. It endeavours its
best to ensure that User does not face any inconvenience. However, at some
times, the information, software, products, and services included in or
available through the Company website and/or applications or other sales
channels and ad materials may include inaccuracies or typographical errors
which will be immediately corrected as soon as the Company notices them.
Changes are/may be periodically made/added to the information provided such.
The Company may make improvements and/or changes in the Company website and/or
applications at any time without any notice to the User. Any advice received
except through an authorized representative of the Company via the Company
website and/or applications should not be relied upon for any decisions.
Save where this Agreement expressly
provides, neither Party shall be deemed to have waived any right, power,
privilege or remedy under this Agreement unless such Party shall have delivered
to the other Party a written waiver signed by an authorised officer of such
waiving Party. No failure or delay on the part of either Party in exercising
any right, power, privilege or remedy hereunder shall operate as a waiver,
default or acquiescence thereof, nor shall any waiver on the part of either
Party of any right, power, privilege or remedy hereunder operate as a waiver of
any other right, power, privilege or remedy, nor shall any single or partial
exercise of any right, power, privilege or remedy hereunder preclude any other
or further exercise thereof or the exercise of any other right, power,
privilege or remedy hereunder.
The Company reserves the right to
change the terms, conditions, and notices under which the Company website
and/or applications are offered, including but not limited to the charges. The
User is responsible for regularly reviewing these terms and conditions.
Any dispute, difference, controversy
or claim (“Dispute”) arising between the Parties out of or in relation to or in
connection with this Agreement, of the breach, termination, effect, validity,
interpretation or application of this Agreement or as to their rights, duties
or liabilities thereunder, or as to any act, matter or thing arising out of,
consequent to or in connection with this Agreement, shall be settled by the
Parties by mutual negotiations and agreement. If, for any reason, such Dispute
cannot be resolved amicably by the Parties, the same shall then be referred to
and settled by way of arbitration proceedings in accordance with the
Arbitration and Conciliation Act, 1996 or any subsequent enactment or amendment
thereto (the “Arbitration Act”). A sole Arbitrator shall be appointed by the
Company. The decision of the Arbitrator shall be final and binding upon the
Parties. The venue of arbitration proceedings shall be Muzaffarnagar. The
language of the arbitration and the award shall be English. This Agreement
shall be construed in accordance with the law of India.
The Company hereby expressly
disclaims any implied warranties imputed by the laws of any jurisdiction or
country other than those where it is operating its offices. The Company
considers itself and intends to be subject to the jurisdiction only of the courts
of Muzaffarnagar, Uttar Pradesh, India.
.
This
Agreement represent the entire Agreement between the Parties as to the subject
matter hereof and supersede all prior understandings between the Parties on the
subject-matter hereof.
a.
No
amendments and/or modifications to this Agreement shall be valid unless
executed in writing and signed by authorized persons of the both Parties.
b.
Termination
of this Agreement for any cause whatsoever shall not release a Party from any
liability which, at the time of termination, has already accrued to the other
Party or which may thereafter accrue in respect of any act or omission prior to
such termination.
c.
Article
headings are inserted for convenience of reference only and shall not be deemed
to affect the interpretation of this Agreement or of any clause.
d.
Each
Party shall co-operate with the other and execute and deliver to the other such
instruments and documents and take such other actions as may be reasonably
requested from time to time in order to carry out, give effect to and confirm
their rights and the intended purpose of this Agreement.
e.
No
remedy conferred by any of the provisions of this Agreement is intended to be
exclusive of any other remedy which is otherwise available at law, in equity,
by statute or otherwise, or any other remedy given hereunder or now or
hereafter existing at law, in equity, by statute, or otherwise, except as stated
to the contrary in this Agreement. The election of any one or more of such
remedies by any of the Parties hereto shall not constitute a waiver by such
Party of the right to pursue any other available remedy.
f. The provisions of the following clauses of this Agreement shall survive the termination or expiry hereof:
MANGE BY GOYAL ENTERPRISES