Privacy Policy
Please read this agreement carefully, as it contains important information regarding your legal rights and remedies.
1. Overview
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between the relevant Bhim Host group entity indicated below (“Bhim Host”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. Unless otherwise indicated in the specific documents accepted together with this Agreement, the relevant Bhim Host group entity you are contracting with will be determined under the rules indicated below. The contracting entity will be PAYTEL TERMINAL PRIVATE LIMITED, registered address Okhala Industrial Estate Phase 3 , New Delhi 110020. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the applicable policies and agreements (including the product agreements), which are incorporated herein by reference. When your use of the Services requires us to process any personal data or personal information, we will do so in accordance with our Privacy Policy and also, if applicable, Data Processing Addendum (“DPA”), which is incorporated into this Agreement by reference. The Site and Services are intended for your commercial or professional use. By utilizing them, you acknowledge and agree that your purpose is commercial or professional in nature. The terms “we”, “us” or “our” shall refer to Bhim Host. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Bhim Host may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Bhim Host may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. Bhim Host assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address
2. ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of India or other applicable jurisdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Bhim Host finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Bhim Host shall not be liable for any loss or damage resulting from Bhim Host’s reliance on any instruction, notice, document or communication reasonably believed by Bhim Host to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Bhim Host reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you. Sanctions. You represent and warrant that you are not ordinarily resident of, and will not use or distribute the Bhim Host Services in any country. You also confirm that you are not owned 50 percent or more, whether directly or indirectly in the aggregate, by any sanctioned individual or entity (“Sanctioned Party”), nor are you otherwise controlled by such a party. Additionally, you agree not to use or distribute the Services, either directly or indirectly, to or for the benefit of any Sanctioned Party. If there is a change in your status or regulations, that results in your inclusion on a sanctions list (maintained by the INDIA , US, EU/UN or other country) or if you become owned or controlled by an entity on such a list, you are required to promptly notify Bhim Host. You agree to actively participate in sanctions screening processes, including providing all necessary information as requested by Bhim Host, also your full cooperation is mandatory in any competent authority investigation related to sanctions compliance. In the event that Bhim Host becomes aware of your becoming subject to sanctions maintained by the INDIA ,US, EU/UN or other country, Bhim Host reserves the right to terminate your use of its Services immediately and without any notice. Additionally, Bhim Host retains the discretion to terminate Services, if it reasonably suspects that you have links to a Sanctioned Party. Furthermore, you agree to indemnify and hold Bhim Host harmless against any losses, including but not limited to monetary penalties and legal fees, that may arise due to your non-compliance with the aforementioned sanctions-related confirmations..
3. ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Bhim Host that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Bhim Host has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Bhim Host reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, Bhim Host recommends that you change your password at least once every six (6) months for each Account. You must notify Bhim Host immediately of any breach of security or unauthorized use of your Account. Bhim Host will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Bhim Host or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person. Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers. Account Management Access (Account Sharing). The Services allows you to grant access (depending on permissions granted) to your Bhim Host account to another Bhim Host customer. You may revoke any person’s ability to access your account at any time. By authorizing any person to access your account, you acknowledge and agree that: (1) you have an established and trusted business or personal relationship with such a person; (2) you voluntarily authorize such person to access and make changes to your account; (3) depending on permissions granted, such person may be able to view personal information that you have provided in your account, including billing information (but excluding full payment method information); (4) such person will be able to access your account as it is on the day of granting access and also access any future changes thereof (e.g. in case access to certain hosting is granted, such person will be able to access any future add-on domains of such hosting); (5) in case you separately agree (allow) that such a person would contact Customer Support on your behalf, such person will be able to contact our Customer Support, receive information and (or) manage services on your behalf using our Customer Support and access your chat history (including any personal and other information contained therein). Note that such a person in any case will not be allowed to perform certain actions, such as view or change your account credentials (like your password), delete your account or invite others to access your account. You are assuming full legal and financial responsibility (and undertake to fully release Bhim Host from any related liability) with respect to your decision to grant access to your account to any person or with respect to any actions such person may take or fail to take with respect to your account. By requesting access to the Bhim Host account of another customer, Bhim Host customer undertakes to use such access solely in the best interest of and as authorized by the customer granting access. Please note that Bhim Hostis not involved in the actual contract between a Bhim Host customer granting access and/or requesting/receiving access to an account. Should there be a dispute between the parties, you must address such dispute directly with the individual you are in contract with.
4. AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. From time to time, Bhim Host may offer new Services (limited preview services or new features to existing Services) in a pre-release version.