Acesparrowtech
TERMS AND CONDITIONS FOR THE USER AS PER LAW
The law of land made provisions to draft the Terms and Conditions, Privacy policy, and Cookies policy to use the Internet of things. We, following the provisions of Rule 3 and 4 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules there under. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.
DIGEST OF THE DRAFT
The Platform “Acesparrowtech” has been introduced by Firm(hereinafter referred to as “Owner”, “We”, “Acesparrowtech” or “Us”) to facilitate online banking services in which Acesparrowtech provide services related to corporate cards and payment gateways to the customers.
ENTRANCE TO THE PLATFORM
That Acesparrowtech and the website https://Acesparrowtech.com/ is owned by Acesparrowtech. Any person using the said website/link/platform is known as User (hereinafter referred to as “You”, “Merchant” or “User”).
That Users are being authorized to use the Acesparrowtech website or any other linked pages, API keys, features, content or application services (including but not limited to any mobile application or site services) (hereinafter referred to as “Platform”) as per terms and conditions set out in the present draft. If any user is browsing, accessing, or otherwise using the platform, it will be presumed as your irrevocable and unequivocal acceptance and acknowledgment of the terms and conditions and policies thereof.
You the user shall read the terms and conditions of the agreement/draft before using the platform. If you start using our platform then we will presume/understand that you have read the term and condition established by us well and have given your consent in it. You the user shall be contracting with these terms and conditions as set out including the policies constitute your binding obligations with Acesparrowtech.
It is the discretion of Acesparrowtech to allow or disallow you the user to access the platform. Acesparrowtech also reserve the right of changing any of the terms and conditions contained herein at any point of time. You the user is responsible to periodically review any changes and update in the terms of use by Acesparrowtech. If you the user continue to use the platform without review of the update, it shall be considered your acceptance to such updates and change.
APPLICABILITY OF LAWS
You the user of the platform shall be obliged by all applicable laws of the land.
The term “Applicable Laws” means;
any law, act, rule and regulation/circular, order/decree, judgment, decision, directive or other similar mandates of any applicable central, national, state or local governmental/regulatory Authority having competent jurisdiction and force of law over, or applicable to You the user, us or the subject matter in question, as may be which is amended from time to time;
shall without limitation include any notification, circular, directive or other similar instruction issued by the ‘Financial Sector Regulators’ including but not limited to the Reserve Bank of India (RBI) and/or rules, regulations, roles, responsibilities and processes as defined by NPCI on their website www.npci.org.in.
USER ACCOUNT
That user can create free account on the platform. The fees policy can be changed in future by Acesparrowtech. Such change shall be posted on the Platform and shall immediately become effective. Unless otherwise stated, all fees shall be quoted in Indian Rupees. Using and accessing the platform is free of cost. But Acesparrowtech reserves its right to charge cost from the user at anytime in future.
COMMUNICATIONS
That to use the platform, the user needs to provide a valid email address and/or phone number. Any message sent by Whatsapp, email address, phone number, SMS or any one other medium to the platform by the user, it amounts to a valid consent from the user. Acesparrowtech can use such provided information for sending SMS/ notifications/any other information to the user which may be related to our services updates or otherwise. That the user signing in on the platform is a kind of implied consent in favour of the owner for use of data/information for communication purpose or otherwise. There is no infringement of any legal or statutory right of the user in using of such information/data by the owner because the user consented for the same; hence for using such data/information no claim will be maintainable against the owner.
SEVERABILITY:
Each of the provisions in these terms are severable and distinct from the others and if at any time one or more such provisions become invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.
FORCE MAJEURE
Notwithstanding anything contained in these Terms or elsewhere, Acesparrowtech shall not be held responsible for any loss, damage if such loss, damage is attributable to a Force Majeure Event.
A “Force Majeure means any event that is beyond Acesparrowtech reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, power failure, sabotage, computer hacking, unauthorized access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.
DISPUTES
Regarding any kind of complaints relating to the services taken from our platform by the user, Acesparrowtech will be responsible to resolve the same complaint which may be raised by the user. That, the owner of the platform shall not be responsible for ensuring resolution of the complaints on any losses as and shall not be in any manner either directly or indirectly be liable for any claims or proceedings made by any user in relation to the services provided on or through the platform or otherwise.
INTELLECTUAL PROPERTY RIGHT
The intellectual property right law shall be protected. We look forward to protecting the rights hence all content on the platform like; text, graphics, logos, button icons, images, audio data compilations, brand name, software, SoftPos devise, technology, documentation, manuals, etc is the property of Acesparrowtech and any portion of the platform cannot be produced/reproduced and used anywhere else without the prior consent of the owner. It may be related to Trademark, copyright and patent. The trademarks, logos and service marks displayed on the website/link/application/platform are the properties of Acesparrowtech or its affiliates, associates or its content suppliers or users or respective third parties.
Users are not permitted to use the Marks without the prior consent and terms and conditions levied by Acesparrowtech or the actual owner of the intellectual property.
That the Acesparrowtech is the owner of all content of copyright, patents, utility models, designs, know-how, softwares, applications, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The user shall not use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise.
If Users or publish use any image, graphics, mark, logo, design and other intellectual property which he did not own, without prior permission of the actual owner, the user shall only be responsible for the loss/damage if any caused to the real owner of such property. The owner of the platform cannot be held liable for the same. We do not support any such act which infringes legal rights of others.
DISCLAIMER
You the user agree that you are using the platform at your own risk. The contents made available by the user and uploaded or provided or shared on the platform as it is and as available and no changes/modification has been done to such content and information hence, without any warranty of any kind whether express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable Indian law and Acesparrowtech does not accept any liability for any errors or omissions.
LIMITATION OF LIABILITY
Notwithstanding anything stated under this Agreement including the obligation to indemnify the Merchant, the aggregate liability of Acesparrowtech to the Merchant from any cause whatsoever shall not, in any event, exceed the sum equivalent to the preceding one (1) month’s aggregate Consideration earned by Acesparrowtech under this agreement from the date of occurrence of such liability.
Provided that Acesparrowtech shall not be liable to the Merchant for any special, incidental, indirect or consequential or direct damages, damages from loss of profits or business opportunities even if the Merchant shall have been advised in advance of the possibility of such loss, cost or damages.
In no event shall the Escrow/Nodal Bank or the Acquiring Bank be liable to the Merchant in relation to this Terms & Conditions or in relation to any claim by a third party.
In no event shall Acesparrowtech be liable to the Customers or any third party.
The Acesparrowtech shall not be liable for any of the following: (a) about which it did not have any knowledge; (b) shall not be liable for any Net Quantifiable Financial Benefit that arises to the Merchant for any loss suffered. The term Net Quantifiable Financial Benefit shall include an amount for which Merchant would otherwise have been accountable to be assessed for taxation is reduced or extinguished because of the matter giving rise to such loss. (c) contingent liability of the Merchant unless such liability becomes due and payable; (d) Merchant shall not be entitled to recover for the same event twice. (f) the amount that is recoverable by the Merchant from an insurance policy or from third parties. (g) the amount for which provision, allowance, or reserve has been made.
The Parties shall have rights to mitigate the losses or damages or claims of indemnities either from the Party to the Agreement or from third parties. Parties shall be within their rights to terminate the Agreement without any notice by written communication to mitigate their losses or damages.
The owner, its executives, partners, employees and associates shall not be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, loss, profits, or damages resulting from the use or inability to use the website/link /platform.
INDEMNITY
The user agrees to indemnify harm to each other and put Acesparrowtech and its executive, partners, shareholders, employees out of the purview. The clause of indemnity is valid even after the termination of the agreement.
Acesparrowtech has no liability in the event of any action, losses, damages, proceedings, claims, and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of;
violation of any applicable law;
breach of any representations or covenants of the User;
breach of the policies, guidelines and conditions of Acesparrowtech or Additional Terms or these Terms or Privacy Policy (including any modifications or additional notifications or instructions);
Infringement of any third party rights.
VIOLATION OF THESE TERMS OF USE
Acesparrowtech may disclose any information we have about you (including your identity) for connection with any investigation or complaint regarding your use of the platform, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally), if we determine that such disclosure is necessary.
You the user accepts and agree that Acesparrowtech may preserve any transmittal or communication by you with Acesparrowtech through the platform and may also disclose such data if required to do so by law or Acesparrowtech determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Acesparrowtech, its employees, users of or visitors to the Site/Platform, and the public.
You the user agree that Acesparrowtech may, in its sole discretion and without prior notice, terminate your access to the platform and/or block your future access to the Acesparrowtech if it thinks that you have violated such Terms of Use or other agreements or guidelines which may be associated with your use of the platform. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Acesparrowtech, for which monetary damages would be inadequate, and you consent to Acesparrowtech obtaining any injunctive or equitable relief that Acesparrowtech deems necessary or appropriate in such circumstances.
You agree that Acesparrowtech may, in its sole discretion and without prior notice, terminate your access to the platform, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Platform or any service offered on or through the Platform, or (4) unexpected technical issues or problems.
TERMINATION
Acesparrowtech reserves the right to terminate the services of the platform provided to any user without prior notice in the event of any default committed by the user including but not limited to the breach of any applicable law, policies, guidelines and conditions of Acesparrowtech’ service or term and condition set down by the owner.
That the owner can terminate the user account if the user is not useful for the owner in the business. Notwithstanding anything to the contrary, Acesparrowtech shall have the right to immediately suspend Services and settlement of any monies or payments to You, without any liability to You, in the event of the following:
You breach any clause of these Terms.
You facilitate any transaction which is unlawful or in contravention of the Prohibited Products and Services.
Acesparrowtech receives instructions from Facility Providers or governmental authorities or law enforcement agencies to either suspend the Services, or part thereof, or directs to suspend the Services or part thereof regardless of whether there is pending investigation/inquiry into any alleged illegal/unlawful activities.
You use the Services for any transactions which have a high-risk score as per Acesparrowtech’s internal fraud assessment tools and other policies.
Acesparrowtech is of the opinion that there are suspicious circumstances surrounding your activities.
Acesparrowtech is of the opinion that there is pending, anticipated, or excessive disputes, refunds, or reversals relating to your use of Services.
Your products/services infringe, or are suspected of infringing, intellectual property rights, copyrightable works, patented inventions, trademarks, and trade secrets, or You are suspected of selling counterfeit and/or knock-off goods.
You materially change the type of the products/services provided to end customers and as declared on the on boarding form, without obtaining Acesparrowtech’s prior written permission to use the Services for the new or changed types of services/products, or it is discovered by Acesparrowtech that You provided substantially misleading and/or false information about Your products/services as part of the on boarding activities.
Acesparrowtech in its sole discretion determines that your activities expose Acesparrowtech to risks that are unacceptable to Acesparrowtech.
Acesparrowtech in its sole discretion is required to do so due to regulatory changes impacting the Services.
After termination of the account, the owner can store and use the data, information, or any other information which has been stored in our server. If Acesparrowtech does take any legal action against you as a result of your violation of these Terms of Use, Acesparrowtech will be entitled to recover any loss from you, and you agree to pay, all reasonable costs arising out of such set-off, in addition to any other relief granted to Acesparrowtech.
You agree that Acesparrowtech will not be liable to you or any third party for termination of your access to the Platform as a result of any violation of these Terms of Use.
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PAYMENTS, CHARGEBACKS, AND REFUNDS
The transfer of the Customer’s payment to the Merchant by Acesparrowtech shall be governed by the following terms:
Subject to applicable law, payments shall be made available by Acesparrowtech to the Merchant after making the following adjustments, deductions and any other deductions in terms of this Agreement from the amount of the Transaction (subject to the limits volumes/limits allowed to the Merchant):
the consideration/fees, the TDR along with other dues, fees, charges, out of pocket expenses, etc., due to Acesparrowtech in terms of Schedule I of this Agreement or at any other rates and percentage as amended from time to time for all Transactions processed;
sum of all customer charges denied, refused, or charged back by the customer/partner banks;
all costs, charges, expenses, etc., of whatsoever nature on account of, inquiries, disputes, cancellations and/or refunds processed on account of Merchant’s customer charges and/or chargeback; (refunds, chargeback recovery shall be done at gross amount. If any convenience fees is applicable or exchange rate fluctuations, the same shall be borne by the Merchant)
any taxes, including but not limited to, goods and service tax, service tax, education cess, swatch bharat cess as may be applicable, penalties, charges or other items, reimbursable under any of the provisions of this Agreement, or otherwise, occurring in any manner whatsoever.
Acesparrowtech shall reconcile the accounts and make payments to the Merchant subject to the right of Acesparrowtech to withhold payments of the amount arrived at, for any charges of chargeback recovery/debits that may be fraudulently incurred/suspicious transactions or for any reason whatsoever either in terms of this Agreement or otherwise to the extent and as permissible under applicable law. Acesparrowtech shall release such payments withheld for any charges/debits fraudulently incurred once determined at Acesparrowtech’s sole discretion that such charge/debit is infact a valid charge and Acesparrowtech shall not be liable for any penalty/interest on account of the same. Merchant shall indemnify Acesparrowtech of any losses suffered by Acesparrowtech in the event that Acesparrowtech is unable to withhold payment in respect of suspected fraudulent charge/debit, provided however that, Acesparrowtech shall be entitled to set-off any such claims against the security deposit or to otherwise the Merchant to make corresponding payments to Acesparrowtech not later than two (02) days from the date of the Merchant being notified.
The Parties hereby agree and acknowledge that, irrespective of any payment made by Acesparrowtech to the Merchant, the same shall be made, without prejudice to any claims, or rights, that Acesparrowtech may have, against the Merchant and such payments, shall not constitute any admission by Acesparrowtech, as to the performance, by the Merchant of its obligations, under this Agreement and the amount payable to the Merchant.
If deemed necessary by Acesparrowtech, the Merchant shall provide such further assurances, guarantees or security, as specified by Acesparrowtech. Acesparrowtech shall have the right, to set off claim amounts, against the said security deposit, in the event of (i) any material breach of the terms of this Agreement (ii) Acesparrowtech is unable to withhold payment in respect of suspected fraudulent charge/debit or (iii) due to the existence of any other claims against the Merchant, or by Acesparrowtech including without limitation as described in clause IV hereto.
Time of making payments/due date of payment: Upon completion of the Transaction and the receipt of funds by Acesparrowtech, and where applicable, on receipt of proof of delivery of the dispatch of the relevant product and/or services of the Merchant, Acesparrowtech shall deliver payments to the Merchant, to the later of: (i) two (02) business days from the date of receipt of funds from the banks or financial institutions (ii) the maximum period of time for the making of payments by Acesparrowtech as specified under extant regulations from time to time.
The making of payments under this Agreement by Acesparrowtech to the Merchant, due to Acesparrowtech being unable to exercise set-offs against amounts due to Acesparrowtech, shall not constitute a waiver of its rights to recover amounts payable by the Merchant to Acesparrowtech and seek indemnities from the Merchant for losses suffered by Acesparrowtech for claims permissible under applicable law or for any reason, including but not limited to:
(a) Any Transaction is for any reason unlawful or unenforceable.
(b) Any information presented electronically to Acesparrowtech in respect of the Transaction is not received in accordance with Acesparrowtech’s requirements as specified from time to time.
(c) Any Transaction made outside the territory authorized for the use of such instrument.
(d) Transaction which is posted more than once to cardholder‘s account.
(e) Transaction which is doubtful or erroneously paid for, to the Merchant.
Acesparrowtech reserves the right to discontinue, with the provision of the Acesparrowtech Services and recover such amounts from the Merchant and be indemnified in relation to any losses in connection thereto.
If on account of non-compliance, Acesparrowtech incurs any loss, the same shall be made good by the Merchant, inclusive of all charges, interest and costs.
The Merchant agrees that any charges accepted by Merchant, which prove to be uncollectable, shall be the exclusive financial responsibility of the Merchant alone. The Merchant agrees to such charges or the Chargeback of such uncollectable charges (as the case may be) by Acesparrowtech, without any demur or protest. The Merchant acknowledges that Acesparrowtech is entitled to exercise its right to set off a lien on the credit value in the account of the Merchant or the unsettled transactions in the pipeline in the event of failure by the Merchant in providing necessary valid proof of transaction to the retrieval request / Chargeback / suspicious Transaction received from the issuer through the card schemes (VISA/ MasterCard / NPCI ).
Acesparrowtech shall have the absolute right and discretion to suspend all payment to be made for the utilization of this facility till such time that Acesparrowtech deems fit, if Acesparrowtech has the reason to believe that the Merchant has committed a breach of his obligations herein, misrepresentation, fraud in the performance of his obligations towards the utilization of the Facility.
Acesparrowtech shall be entitled and Merchant hereby authorizes Acesparrowtech to debit to the account of the Merchant, from time to time, to recover any amounts due from it or incurred by Acesparrowtech on account of the following:
Chargeback of Transactions; or
Any penalties, charges/fees, consequential loss or claims including but not limited to legal claims that may be made against Acesparrowtech by Payment Service Providers, Customers or regulatory authorities for any other reason than a breach of this Agreement by Acesparrowtech. These amounts shall include without limitation any costs arising as a result of excessive Chargeback of Transactions or failure of Transactions or Customer disputes.
Acesparrowtech shall not be liable for any chargeback or fraud transactions by the merchant.
PROCEDURE FOR CHANGE OF BANK ACCOUNT AND DOCUMENTS REQUIRED
WHY CHANGE OF BANK ACCOUNT?
Most banks in India have since migrated to the Core-Banking system (CBS), whereby the banks have revised the existing bank account numbers and have allotted new 15 or 16-digit account numbers in lieu of the original account numbers.
In case there has been any revision in the bank account on account of migration to CBS, the Merchant should promptly notify their new bank account number AND the IFSC to Acesparrowtech, following the procedure and documentation explained below.
Under the CBS, the new 15 or 16-digit account number and IFS Code are printed on the cheque leaf. [IFSC stands for Indian Financial System Code and is an alpha-numeric code containing 11 characters, allotted by the RBI to uniquely identify bank branches in India similar to the MICR code]. Registering the IFSC and the new CBS account number would facilitate speedy payments of redemption or dividend proceeds through NEFT/RTGS.
There may other reasons/occasions wherein Merchants / Consumers may want to or need to change their bank account – for example when a person moves to another location. In such a case, it is necessary for the customer to promptly inform Acesparrowtech using the prescribed bank mandate form and provide details of the new bank account along with the requisite supporting documents to replace the existing bank details.
STEPS TO CHANGE BANK ACCOUNT:-
To request a change in bank account details, the Merchant must submit the prescribed bank mandate form to Acesparrowtech Support along with a cancelled cheque leaf or other documents* of the new bank account.
One may use the stand-alone Change of Bank Mandate form in case only a single bank account is required to be updated (account holder’s name must be shown on the cheque).
To register or change more than one bank account, the merchant needs to use the “Multiple Bank Account Registration Form” and submit the same duly completed along with a cancelled cheque leaf or such other documents* in respect of each of the (new) bank account number to be registered.
DEFAULT BANK ACCOUNT IN CASE OF MULTIPLE BANK ACCOUNTS:
While registering multiple bank accounts, the merchant has to specify one of the bank accounts as the ‘primary’ or “default” bank account into which the redemption / refund payments would be credited. While making a redemption request, a merchant may specify any of the bank accounts for receiving the credit of redemption proceeds. If no account is specified in the redemption request, the redemption proceeds shall be credited/remitted to the default bank account.
LIST OF REQUISITE DOCUMENTS
Along with the prescribed bank mandate form, Merchant need to submit the original or a self-attested photocopy alongwith the original (for verification & return across the counter) or a copy duly attested by the Bank, of any one of the following documents:
Cancelled original cheque of the new bank mandate carrying the first unit holder’s name and bank account number printed on the face of the cheque; OR
Self-attested copy of latest bank statement or bank passbook with current entries not older than 3 months; OR
Bank’s Letter certifying the bank account details, duly signed by branch manager/authorized personnel of the bank.
Additionally, The Merchant may be required to submit a cancelled original cheque leaf of the old (currently registered) bank account (with first unit holder name and bank account number printed on the face of the cheque) or a copy of the bank passbook/statement containing the account number and the name and address of the account holder duly certified by the branch manager/authorized personnel of the bank with his/her full signature, name, employee code, bank seal and contact number.
In case the bank account is already closed, a duly signed and stamped original letter from the concerned bank on the official letter head, confirming the closure of the said account may be submitted in lieu of the cancelled cheque.
The rationale for asking for supporting documents in respect of the old bank account is to ascertain the authenticity of the request, with a view to safeguard the interest of the original/bona-fide unitholder and prevent any unauthorized/fraudulent transactions.
COOLING PERIOD:
Whenever any change of bank mandate request is received simultaneously with, or just prior to submission of, a redemption request, Acesparrowtech / Bank allow a cooling period of 3 to 5 days as a matter of precaution against unauthorized/fraudulent transactions.
DATA PROTECTION
User shall ensure such administrative, technical, physical safeguards and processes, procedures, and checks including to secure the information which is received from any customer in relation to a card as may be required under applicable law and which safeguards shall be equal to or better than:
safeguards currently it has in place for its own data
generally accepted security standards in the financial services industry
The administrative, technical, and physical safeguards, process, procedure and checks as provided for in clause (Data Protection) shall be designed to:
protect the security and confidentiality of the information of the customer in the possession of the Merchant
ensure protection against any anticipated threats or hazards to the security or confidentiality of the Customer information;
protection against unauthorized access to or use of the information of the customer or associated records which could result in substantial harm or inconvenience to Acesparrowtech; and
ensure the proper and secure disposal of such data;
Without limiting the generality of the foregoing, the Merchant shall
initiate all measures that a prudent organization, in a similar situation would take to secure and defend its systems that contain the information of the customer, against the ‘hackers’ and who seek without authorization, to modify or access its system or the information of the customer. The Merchant shall periodically test its system for potential areas where it could be breached.
The Merchant covenants that it shall take best efforts against:
any unauthorized or unlawful processing or the alteration of the information of the customer in the system of the Merchant.
any resultant loss or destruction of, or damage to, the customer information due to unauthorized processing or alteration; and
unauthorized and accidental access, processing, erasure, transfer, use, modification, or other misuses of information of the customer, and shall ensure that only authorized personnel bound by adequate confidentiality obligation shall have access to the information of the customer on strictly ‘need to know basis’;
The Merchant shall ensure that the information of the customer is not mixed or mingled with information of other customers.
The Merchant shall be vigilant to report any breach of this clause (Data Protection), all violations of information security, any breaches in the security practice, control process checks of the Merchant, and all suspected security events within 12 hours of such event or breach to Acesparrowtech and shall also immediately intimate all the concerned representatives and employees of Acesparrowtech which interact with the Merchant on regular basis.
COVENANTS:
Use of the Platform: All user of the platform are under obligation to agree and consent to certain additional terms, rules, policies, procedures, guidelines, disclaimers, notices or otherwise. That the term of use and policies described in the covenants are known as Additional Terms. In the event of any conflict of interest between the earlier term of use and present one, then a harmonious view will draw. In the event of no conclusion arrived, the additional terms will prevail over earlier one. Users agree to use the Platform and the materials provided on the Platform only for purposes that are permitted by these Terms and any applicable law. Users shall not use or access the Platform in a manner that prejudicially affects the interests and goodwill of the Acesparrowtech or its affiliates or associates.
Content on the platform: You the User agree and undertake that the content and other information provided or posted or uploaded on the platform are not false, incomplete, distorted, manipulated, fraudulent or misleading.
Objectionable Content: Users shall not host, upload, transmit, display, modify, update or share any information that:
Is belonged to another person and user do not have any right;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, objectionable or disparaging;
Is unlawful in any manner or relating or encouraging money laundering or gambling or otherwise whatsoever;
harms minors in any way;
Is sexual or otherwise inappropriate or unlawfully threatening or harassing or incidences covered under Indecent Representation of Women (Prohibition) Act, 1986;
Infringes/pass off of any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information, which is grossly offensive or menacing in nature,
impersonate another person;
tries to gain unauthorized access or exceeds the access or illegally or unethically;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the security, defense, unity, integrity or sovereignty of India, cordial relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; and
May create any kind of liability for Acesparrowtech or our affiliates.
Liability of objectionable content: Any user exposed to mention Objectionable Content is requested to immediately report Acesparrowtech which will be immediately removed agter investigation as soon as possible. Acesparrowtech disclaims all liabilities arising in relation to such Objectionable Content on the platform.
USE OF CONTENT
Any material or information posted by user on the Platform, the user grants Acesparrowtech and its affiliates and associates to display or produce such content to the world in may mode available; and the right to use your name in connection with such content.
Users also agree that the rights granted are irrevocable in nature during the entire period in which the User’s intellectual property rights associated with such content and material are protected. User hereby agrees to waive the User’s right which provides to be identified as the author of such content and materials and to object to derogatory treatment of such content or material. User further agrees to perform all acts, execute deeds and documents which are necessary to the above rights granted by the User to Acesparrowtech.
The User represents and warrants that the he owns or controls all of the rights to the such content that the User posts or otherwise provides on or through the App, that; such content is accurate; Use of the such content does not breach any applicable Indian law or the Platform’s policies or guidelines or Additional Terms; such content do not breach these Terms and Privacy Policy.
MISCELLANEOUS
As we above stated that we are a facilitator for providing banking realted services including corporate cards and payment gateways and at the time of using the platform you must use some instrument, gadgets, internet telecommunication, software or any link, computer system or any kind of instrument. It is submitted that Acesparrowtech have no responsibility or accountability when using the Platform some problem occurs, some hacker attack.
There is no liability of Acesparrowtech for damages, viruses or other code that may affect the your computer system, resource, terminal, server, equipment, mobile or any other devices while using the Platform and Acesparrowtech does not warrant that the Platform will be compatible with all hardware and software used by the User.
Each provision of these Terms are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby
NOTICES: Any notice, direction or instruction given under this facility shall be in writing and delivered by hand, post or facsimile on the address given below in case of Acesparrowtech and as given in the application form in case of Merchant. Notice and instructions will be deemed served seven days after it’s posting by one of the parties or after receipt by the other party in the case of hand delivery or facsimile.
ASSIGNMENT: The Merchant shall not assign, in whole or in part, the obligations or the benefits, arising under these Terms and Conditions, to any other person without the prior written consent of Acesparrowtech. Acesparrowtech shall have the right to assign all its rights, titles, benefits under these Terms and Conditions to any of its affiliates, without the prior consent of the Merchant. These Terms and Conditions shall apply to and bind any successor or permitted assigns of any of the above parties hereto.
PRIVACY POLICY
Using the website, You give your consent to the use of Your information as we have outlined in our website