Welcome to IT SOLUTION XPERTS. Your use of IT
SOLUTION XPERTS on our Website or Mobile App is governed by the following terms
and conditions (Terms) which are incorporated herein by way of reference. The
Terms are effective upon acceptance of usage of our platform, and governs the
relationship between the users of this platform (“You”, “Your”, “Yours” or the
“User” as the context may necessitate) and IT SOLUTION XPERTS.
(“IT SOLUTION XPERTS”, “Us”, “Our” or “We” as the context may necessitate).
1.
ACCEPTANCE OF TERMS
By accepting the Terms, You understand and agree that IT
SOLUTION XPERTS will treat Your use of the Services such as your use of our
prepaid mobile/DTH recharge purchasing services or Services regarding bill
payment or money transfer or services regarding Our online marketplace or such
other services which may be added from time to time (all such services are
individually or collectively are referred as Service or Services) on the Site (WWW.IT
SOLUTION XPERTS.IN), Our mobile Platform/Network and Our mobile application
(Related Applications).
2.
ELIGIBILITY
o You must be 18 years of age to use IT SOLUTION
XPERTS.
o Children below 18 years can use IT SOLUTION
XPERTS under the guidance of an adult.
o We reserve the right to terminate any account
or Your use of IT SOLUTION XPERTS if any information provided by You is false,
fictitious, inaccurate, not current or incomplete, with or without notice to
You.
3.
REGISTRATION TO USE THE SERVICES
o You will be issued a user ID and password to
access Your account.
o You must keep the password confidential and
not share it with any other person as You are responsible for all activity on
Your account, whether or not You authorized it.
o The login for wallet account, recharge, bill
payment, gift card and all others prepaid cards services is same.
o In case of any unauthorized use of Your
account or Your user id and password, please contact us atesendrs@gmail.com
4.
GENERAL CONDITIONS OF IT SOLUTION XPERTS
o After successful registration, IT SOLUTION
XPERTS will issue a Prime Account upon submission of your KYC documents at the
time of registration or on a later date.
o You will be able to use the IT SOLUTION XPERTS
Account after 3 (three) days from loading the Wallet from Banking Channel for
the Send Money to Bank option. Rest of the services like recharges and bill
payments can be used uninterruptedly.
o The maximum monetary value that can be stored
at any point of time, transferred to another account, utilized in a month in IT
SOLUTION XPERTS Account shall be in accordance with RBI guidelines as
applicable from time to time.
o Subject to guidelines/notifications issued by
RBI from time to time these limitations may be reviewed and modified at the
discretion of IT SOLUTION XPERTS without prior intimation to the Customer.
o IT SOLUTION XPERTS reserves the right to
suspend/discontinue IT SOLUTION XPERTS Services to You at any time, for any
cause, including, but not limited, to the following:
§ For any suspected violation of the rules,
regulations, orders, directions, notifications issued by RBI from time to time
or for any violation of the terms and conditions mentioned in this document;
§ For any suspected discrepancy in the
particular(s), documentation or KYC enrolment form provided by you;
§ To combat potential fraud, use of abusive
language, sabotage, wilful destruction, threat to national security or for any
other force majeure reasons;
§ If the same is due to technical failure,
modification, up gradation, variation, relocation, repair, and/or maintenance
due to any emergency or for any technical reasons;
§ If the same is due to any transmission
deficiencies caused by topographical and geographical constraints/limitations;
§ If the mobile connection with which your IT
SOLUTION XPERTS is related ceases to be operational or in your possession or
control.
§ If IT SOLUTION XPERTS believes, in its
reasonable opinion, that cessation/ suspension is necessary.
o IT SOLUTION XPERTS reserves the right to
amend, modify, change, and/or terminate (collectively “Changes”) the Terms, the
Site (www.esendrs.com) and Related Applications, at any time in its
sole discretion. Your continued use of the Services shall be deemed as Your
acceptance of any such Changes.
5.
YOUR CONDUCT ON THE MOBILE APPLICATION & WEBSITE
o If IT SOLUTION XPERTS requests registration
information from You, You will provide with true, accurate, current, and
complete information;
o You agree to log out from your accounts at the
end of each session for Your own security;
o You agree not to copy, modify, rent, lease,
loan, sell, assign, distribute, reverse engineer, grant a security interest in,
or otherwise transfer any right to the technology or software underlying its
web-sites/app or the Services;
o Without limiting the foregoing, You agree to
not use the Services offered through Our Site or Related Applications to take
any of the following actions:
§ Engage in any act which is obscene, offensive,
indecent, racial, anti religious, anti-national, objectionable, defamatory,
abusive, harass, stalk, threaten, or otherwise violate the legal right of
others;
§ Publish, post, upload, e-mail, distribute, or
disseminate (collectively, "Transmit") any inappropriate, profane,
defamatory, infringing, obscene, indecent, or unlawful content;
§ Transmit files that contain viruses, corrupted
files, or any other similar software or programs that may damage or adversely
affect the operation of another person's computer, its web-sites/app, any
software or hardware, or telecommunications equipment;
§ Advertise or offer to sell any goods or
services for any commercial purpose unless you have its written consent to do
so;
§ Transmit web-sites/app, services, products,
surveys, contests, pyramid schemes, spam, unsolicited advertising or
promotional materials, or chain letters;
§ Download any file, recompile or disassemble or
otherwise affect its products that you know or reasonably should know cannot be
legally obtained in such manner;
§ Falsify or delete any author attributions,
legal or other proper notices or proprietary designations or labels of the
origin or the source of software or other material;
§ Collect or store personal information about
other end users;
§ Impersonate any person or entity, including,
but not limited to, a representative of IT SOLUTION XPERTS or falsely state or
otherwise misrepresent your affiliation with a person or entity;
§ Forge headers or manipulate identifiers or
other data in order to disguise the origin of any content transmitted through
Our Site or related application or to manipulate your presence on the Site or
related application available through authorised sources;
§ Take any action that imposes an unreasonably
or disproportionately large load on Our infrastructure/ network;
§ Engage in any illegal activities;
o Unauthorized access to Our Site or related
application is a breach of these Terms and a violation of the law;
o You agree not to access Our Site or related
application by any means other than through the interface that is provided by IT
SOLUTION XPERTS for use in accessing Our Site or related application;
o You agree not to use any automated means,
including, without limitation, agents, robots, scripts, or spiders, to access,
monitor, or copy any part of Our Site or related application, except those
automated means that IT SOLUTION XPERTS have approved in advance and in
writing.
6.
KYC COMPLIANCE
o “KYC” stands for Know Your Customer and refers
to the various norms, rules, laws and statutes issued by Reserve Bank of India
from time to time.
o IT SOLUTION XPERTS is required to procure
personal identification details from You before any Services can be delivered
and at the time of Registration and/ or on a later date, for availing and / or
continuation of the IT SOLUTION XPERTS.
o The collection, verification, audit and
maintenance of correct and updated customer information is a continuous process
and IT SOLUTION XPERTS reserves the right, at any time, to take steps necessary
to ensure compliance with all relevant and applicable KYC requirements.
o We reserve the right to discontinue Services/
reject applications for IT SOLUTION XPERTS at anytime if there are
discrepancies in information and/or documentation provided by you.
o Any information provided to Us with the
intention of securing IT SOLUTION XPERTS shall vest with Us, and may be used,
for any purpose consistent with any applicable law or regulation, at its
discretion.
o If the particulars provided by you in the KYC
documents do not match with the details mentioned in the KYC enrolment form,
your IT SOLUTION XPERTS shall be suspended until the time You furnish correct
details.
o Subject to guidelines/notifications issued by
RBI from time to time these limitations may be reviewed and modified at the
discretion of IT SOLUTION XPERTS without prior intimation you.
7.
WALLET CHARGES & VALIDITY
o You shall pay the service charges prescribed
by IT SOLUTION XPERTS in the form and manner prescribed for such payment. IT
SOLUTION XPERTS may at its discretion, change, amend, increase, or reduce the
Service Charges without prior intimation to the customer.
o For all charges and fees associated with the
use of the IT SOLUTION XPERTS Click Here
o Any value in your IT SOLUTION XPERTS that is
utilized towards making payments for any transaction shall be automatically
debited from your IT SOLUTION XPERTS.
o Our responsibility is limited to the debiting
of your IT SOLUTION XPERTS and the subsequent payment to any merchant
establishment that you might transact with.
o We do not endorse, promote, or warrant any
goods and/or services that might be availed or proposed to be availed using IT
SOLUTION XPERTS.
o We reserve the right to levy charges upon any
amount loaded upon your IT SOLUTION XPERTS or any amounts spent by You using IT
SOLUTION XPERTS.
o IT SOLUTION XPERTS reserves the right to set
off any balance in your wallet in order to recover funds for transactions
processed as per your request.
o Your IT SOLUTION XPERTS shall be valid for a
period of 12 months from the date of activation or from the time of the last
wallet load whichever is later.
o In the event wallet is inactive or not used by
the customer for a continuous period of 1 year from the date of activation or
last transaction, forfeiture will be done in compliance with RBI guidelines .
o IT SOLUTION XPERTS will intimate the customer
thru SMS/ email 45 days prior deactivating or suspension of the wallet. All PPI
holders can reclaim their amount from the date of forfeiture in their bank
accounts. This process of reclaim will include written request from PPI holder
along with registered details and submission of ID document.
o Charges pertaining to transactions shall be in
accordance with RBI guidelines as applicable from time to time.
8.
CONFIDENTIALITY
You specifically agree that in order to facilitate the provision
of IT SOLUTION XPERTS, it may be required to disclose any information or
particulars pertaining to You to any authority, statutory or otherwise. Privacy
of communication is subject to the terms of the certificate of authorization
granted by the Reserve Bank of India and Reserve Bank of India
notifications/directives etc.
9.
INTELLECTUAL PROPERTY RIGHTS
We, or Our licensors, own all right, title and interest,
including, but not limited to all copyright, trademark, patent, trade secret or
other proprietary rights (“IP rights”), in and to the site, the platform, the
usage data. You shall not reproduce, distribute, transmit, modify, create
derivative works, display, perform or otherwise use the Site, the platform or
any of the IP rights, or attempt to reverse engineer, decompile, disassemble,
or derive the source code for the platform or use the platform or Site to
create a competing product. Esendrs.com is owned by IT SOLUTION XPERTS
unauthorized use is strictly prohibited. All rights are expressly reserved to IT
SOLUTION XPERTS.
10.
DISCLAIMER
We make no warranty, express or implied, with respect to the
Site and Related Applications and Services offered. We expressly disclaim the
implied warranties of non-infringement, merchantability, and fitness for any
particular purpose. We provide the Site and Related Applications and any other
technology and Services on the Site on an “as is”, “where is”, “with all
faults” basis. We do not warrant that the Site or Related Applications and any
products or Services shown or described on the Site or Related Applications, or
other technology and services will be uninterrupted, error-free, available or
operational at any particular time, or that any known defects will be corrected.
We disclaim any liability for any information that may have become outdated
since the last time the particular piece of information was updated. We reserve
the right to make changes and corrections to any part of the content of this
website at any time without prior notice.
11.
EXCLUSION OF WARRANTIES
o You expressly understand and agree that Your
use of the services is at Your sole risk and that the Services are provided
"as is" and "as available". In particular, IT SOLUTION
XPERTS, its subsidiaries and affiliates, and its licensors do not represent or
warrant to You that:
§ Your use of the Services will meet Your
requirements,
§ Your use of the Services will be
uninterrupted, timely, secure or free from error,
§ Any information obtained by You as a result of
Your use of the services will be accurate or reliable, and
§ That defects in the operation or functionality
of any software provided to You as part of the Services will be corrected.
o You acknowledge that IT SOLUTION XPERTS is a
facilitator for Mobile recharges and other Services and is not liable for any
3rd party products available on the Site and other Related Applications with
respect to rates, quality, and all other instances. You expressly agree that
use of the Services and the Site and Related Applications is at your sole risk
and you shall not hold IT SOLUTION XPERTS liable for any discrepancy in the
third party products. It is your responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice, services, merchandise and
other information provided through the site or on the internet generally.
o Any material downloaded or otherwise obtained
through the use of the Services is done at Your own discretion and risk and
that You will be solely responsible for any damage to Your computer system or
other device or loss of data that results from the download of any such
material. No advice or information, whether oral or written, obtained by You
from IT SOLUTION XPERTS or through or from the Services shall create any
warranty not expressly stated in the Terms. IT SOLUTION XPERTS further
expressly disclaims all warranties and conditions of any kind, whether express
or implied, including, but not limited to the implied warranties and conditions
of merchantability, fitness for a particular purpose and non-infringement.
12.
INDEMNITY
You agree to indemnify, defend and hold IT SOLUTION XPERTS
and/or related parties harmless from any and all claims, losses, damages, and
liabilities, costs and expenses, including and without limitation legal fees and
expenses, arising out of or related to your use or misuse of the IT SOLUTION
XPERTS, any violation of these Terms, or any breach of the representations,
warranties, and covenants made by you.
13.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
NEITHER IT SOLUTION XPERTS, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO
USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR
RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES
HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE
LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF
ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF
CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON),
WILL AT ALL TIMES BE LIMITED TO THE TRANSACTION VALUE
The aggregate liability of IT SOLUTION XPERTS for any liability in case of
unauthorised / fraudulent transactions involving us shall be limited to the
transaction value subject to such unauthorized/fraudulent transaction is solely
attributable to IT SOLUTION XPERTS.
14.
AUTHORIZATION
By accepting the Terms, You authorize us to hold, receive,
disburse and settle funds on Your behalf. Your authorization permits us to
generate an electronic funds transfer between the payment system providers and
our nodal account to process each payment transaction that you authorize.
Thereafter Youauthorise us to transfer the payments received from Your buyers
to the bank account designated by You for this purpose at the time of
registration. Your authorization will remain in full force and effect until
Your IT SOLUTION XPERTS account is closed or terminated.
15.
REFUND POLICY
All sales are final with no refund or exchange permitted. You
are responsible for the information you provide for purchase and all charges
that result from those purchases. IT SOLUTION XPERTS is not responsible for any
purchase of incorrect information provided. If in a transaction performed by
you on the Site, money has been charged to your card or bank account and a
recharge is not delivered within two hours of your completion of the
transaction then you may inform us by sending an email to our customer services
email address as mentioned. IT SOLUTION XPERTS shall investigate the incident
and if it is found that money was 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 receipt of your email. All refunds will be credited to
your IT SOLUTION XPERTS account.
16.
PROHIBITED SERVICES You agree you will not transact any payments
in connection with the following businesses, business activities or business
practices pertaining to the following items:
o adult goods and services which includes
pornography and other sexually suggestive materials (including literature,
imagery and other media); escort or prostitution services;
o alcohol which includes alcohol or alcoholic
beverages such as beer, liquor, wine, or champagne; body parts which includes
organs or other body parts;
o bulk marketing tools which includes email
lists, software, or other products enabling unsolicited email messages (spam);
o cable descramblers and black boxes which
includes devices intended to obtain cable and satellite signals for free; child
pornography which includes pornographic materials involving minors;
o copyright unlocking devices which includes mod
chips or other devices designed to circumvent copyright protection; copyrighted
media, which includes unauthorized copies of books, music, movies, and other
licensed or protected materials;
o copyrighted software, which includes
unauthorized copies of software, video games and other licensed or protected
materials, including bundled software;
o counterfeit and unauthorized goods which
includes replicas or imitations of designer goods; items without a celebrity
endorsement that would normally require such an association; fake autographs,
counterfeit stamps, and other potentially unauthorized goods;
o drugs and drug paraphernalia which includes
illegal drugs and drug accessories, including herbal drugs like salvia and
magic mushrooms;
o drug test circumvention aids which includes
drug cleansing shakes, urine test additives, and related items; endangered
species, which includes plants, animals or other organisms (including product
derivatives) in danger of extinction;
o gaming/gambling which includes lottery
tickets, sports bets, memberships/ enrolment in online gambling sites, and
related content;
o government ids or documents which includes
fake ids, passports, diplomas, and noble titles;
o hacking and cracking materials which includes
manuals, how-to guides, information, or equipment enabling illegal access to
software, servers, websites, or other protected property;
o illegal goods, which includes materials,
products, or information promoting illegal goods or enabling illegal acts;
o miracle cures which includes unsubstantiated
cures, remedies or other items marketed as quick health fixes;
o offensive goods, which includes literature,
products or other materials that: a) defame or slander any person or groups of
people based on race, ethnicity, national origin, religion, sex, or other
factors b) encourage or incite violent acts c) promote intolerance or hatred;
o offensive goods, crime that includes crime
scene photos or items, such as personal belongings, associated with criminals;
o prescription drugs or herbal drugs or any kind
of online pharmacies which includes drugs or other products requiring a
prescription by a licensed medical practitioner;
o pyrotechnic devices and hazardous materials
which includes fireworks and related goods; toxic, flammable, and radioactive
materials and substances;
o regulated goods which includes air bags;
batteries containing mercury; or similar substances/refrigerants;
o chemical/industrial solvents; government
uniforms; car titles; license plates; police badges and law enforcement
equipment; lock-picking devices; pesticides; postage meters; recalled items;
slot machines; surveillance equipment; goods regulated by government or other
agency specifications;
o securities, which includes stocks, bonds, or
related financial products;
o tobacco and cigarettes which includes
cigarettes, cigars, chewing tobacco, and related products;
o traffic devices, which includes radar
detectors/hammers, license plate covers, traffic signal changers, and related
products;
o weapons which includes firearms, ammunition,
knives, brass knuckles, gun parts, and other armaments; wholesale currency,
which includes discounted currencies or currency, exchanges;
o live animals;
o multi level marketing collection fees;
o matrix sites or sites using a matrix scheme
approach;
o work-at-home information;
o drop-shipped merchandise;
o collecting and effecting / remitting payments
directly /indirectly outside India in any form towards overseas foreign
exchange trading through electronic/internet trading portal;
o any product or service, which is not in
compliance with all applicable laws and regulations whether federal, state,
local or international including the all laws of India.
17.
TECHNICAL ISSUES
In case of any technical issues, please raise a support ticket
by emailing esendrs@GMAIL.COM from Your service dashboard to let us
know of the same. You can also contact us on 0124 6688333 in case of urgent
matters.
18.
GOVERNING LAW AND DISPUTE RESOLUTION
The Terms will be governed by and construed in accordance with
the laws of India. You agree that any legal action or proceedings arising out
of these Terms may be brought exclusively in the competent courts or tribunals
having jurisdiction in Delhi, India and irrevocably submit themselves to the
jurisdiction of such courts or tribunals. IT SOLUTION XPERTS may elect to
resolve any controversy or claim arising out of or relating to these Terms or
Site and related application by binding arbitration in accordance with the
provisions of the Indian Arbitration & Conciliation Act, 1996. Any such
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. The arbitration shall be conducted in New Delhi, India and judgment on
the arbitration award may be entered in any court having jurisdiction thereof.
The language of Arbitration will be English.
EFFECTIVE ON: 9th March, 2016
©IT SOLUTION XPERTS, All Rights Reserved.