These terms (“Terms”) constitute a legal agreement between the user of our products and services (“you”) and Unimoni Enterprise Solutions Private Limited ("UESPL"/ “We”). It applies when a user accesses, uses or visits our App (“App”) available for download in the Google Play Store and/or any other third party app stores. In these Terms, the term “Service” means and includes the App and these services offered by UESPL through the App.
By downloading the App, or otherwise using the Service, you indicate your agreement to be bound by these Terms. If you do not agree with these Terms, you must not use the Service, and uninstall the App if you have already downloaded it.
1. Important Precautions
SOME FEATURES OF THE APP COULD AFFECT OTHER PROGRAMS, APPS, AND FUNCTIONS ON YOUR DEVICE INCLUDING BUT NOT LIMITED TO REMOVAL/UNINSTALLATION OF OTHER APPS, AND THE DELETION OF CONTENT FROM YOUR DEVICE.
BEFORE USING THIS APP, YOU SHOULD CAREFULLY READ ALL INSTRUCTIONS AND TIPS AND JUDGE WHETHER THE APP MEETS YOUR PURPOSE AND NEEDS.
BY INSTALLING THE PRODUCT, YOU UNDERSTAND AND AGREE TO ASSUME ALL RISKS ASSOCIATED WITH INSTALLATION AND USE OF THIS APP.
2. DEFINITIONS AND INTERPRETATIONS:
In these Terms, unless the context otherwise requires, the following words and phrases shall have the meanings assigned to them hereunder –
"DirecPay” is a bank neutral payment gateway aggregator exclusively for online businesses.
"Alerts" means notices relating to various matters issued or to be issued by UESPL, in alliance with partner, to you from time to time.
"UESPL" means Unimoni Enterprise Solutions Private Limited, a limited liability Company incorporated in India under the Companies Act, 1956, and includes its successors and assigns.
“you”/”your” means any person who accesses or visits the App, whether or not such person has registered himself as a Registered User.
3. ELIGIBLE USERS:
When you use the Service, you represent that:
a. your use of the Service does not violate any applicable law or regulation;
b. you are 18 years of age or older; and
c. you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms.
4. Our Intellectual Property Rights
a. The Service and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights. The Service is for your information and personal use only and not for commercial exploitation.
b. We reserve all rights in and to the Service. If you download or print a copy of the Service for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Service.
c. You agree that UESPL will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property rights and those of its licensors including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you.
d. Each user is prohibited from transferring or assigning the App or these Terms and/or any rights or obligations hereunder without the prior written consent of the UESPL.
e. Your rights under these Terms will automatically terminate if you breach any of your material obligations under the Terms.
f. Promptly after such any termination of this Terms, you will destroy all copies of the App and uninstall the App from your device.
g. All rights not expressly granted are reserved.
5. PERSONAL INFORMATION AND SECRECY:
a. You need not register yourself to avail the Services. However you are required to provide your details such as name, mobile number and email id before you proceed for a transaction.
b. You agree to provide true, accurate, current and complete information about yourself as prompted on the App.
c. You agree to indemnify UESPL for any losses caused to UESPL due to any information provided by you to UESPL, being untrue, inaccurate, not current or incomplete in any respect. UESPL shall not be responsible for any losses sustained by you due to any information provided by you to UESPL being untrue, inaccurate, not current or incomplete in any respect. If any information provided by you is untrue, inaccurate, not current or incomplete, UESPL in alliance with its partners, have the right to refuse you access to or use of the App or any Services.
d. You will be solely and absolutely responsible for maintaining the secrecy and confidentiality of all your IDs and passwords (which term includes T-PINs) and you will be fully and absolutely responsible and liable for all transactions and activities that occur under your ID and password including any unauthorised use or misuse of your ID and/or password. You will be responsible and liable if any third party gains access to the App or any Services through the use of your ID or password and you hereby agree to indemnify UESPL and hold UESPL harmless against any liability, costs, damages, claims, suits and proceedings based upon or relating to such unauthorised access and use. Without prejudice to the aforesaid, you agree to immediately notify UESPL via e-mail and Registered Post AD, of any suspected loss, theft, unauthorised usage of the ID or password, any other breach of security, or any receipt by you of confirmation of a transaction, fund or securities transfer or other activity which you did not authorise; or any inaccurate information in your account balances or transaction history and ensure that you logout from your account at the end of session.
e. Any transaction done on the App by entering your credentials shall be deemed to be your transaction and UESPL, shall have no obligation to verify the authenticity of any such transaction. UESPL shall not be responsible for any mistake or error made by you in keying in the transaction or activity as to the nature of the transaction/activity, with respect to any facts or figures or otherwise. In the event that the certifying authorities and other infrastructure contemplated under the Information Technology Act, 2000 or any other law for the time being in force, for ensuring secure electronic records and secure digital signatures is notified by the concerned authorities and the infrastructure to enable the same is in place, UESPL shall have the right to require you to communicate instructions and authorise and execute transactions and other activities by means of such secure electronic records and secure digital signatures in addition to, or in place of, the use of password(s).
6. CONDUCT:
You shall not -
i. restrict or inhibit any other person from accessing, using and enjoying the App or the Services.
ii. use the App for any purpose that is unlawful in any jurisdiction or not permitted by the Terms;
iii. modify, copy, distribute, transmit, display, perform, publish, licence, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, services, products or services obtained on or through the App, except as permitted by the copyright owner or other right holder thereof;
iv. post or transmit any unlawful, fraudulent, libelous, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, without limitation, any information or statement constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other law;
v. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by UESPL) or engage in spamming or flooding;
vi. post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
vii. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through the App for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
viii. upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained on or through the App which is protected by copyright or other proprietary right, or derivative works with respect thereto, except as permitted by the copyright owner or other right holder thereof;
ix. upload, post, publish, reproduce, transmit or distribute in any way any component of the App itself or derivative works with respect thereto, except as permitted by UESPL or the copyright owner or other right holder thereof, the App being copyrighted under the relevant laws;
x. attempt to decompile or reverse engineer any of the software available on the App;
xi. you will not make any attempt to hack into the App or otherwise attempt to subvert any firewall or other security measure of the App and if you become aware of any shortcoming in the security on the App you shall forthwith inform UESPL of the same in writing.
You undertake, agree and accept that:
i. All transactions done on the App are merely for demonstration of Services offered by UESPL through DirecPay.
ii. The transaction value is set for a default value of Re.1 which will be refunded to your account from which the payment was made within 5-7 business days.
iii. You agree to provide true, accurate, current and complete information about you as prompted on the App.
iv. Clicking on certain portions or links within the App might take you to other websites with/without any intimation or indication of doing or having done so. The linked websites are not under the control of UESPL and UESPL assumes no responsibility whatsoever for such other websites whether as to content, availability, performance or otherwise. UESPL also does not represent or warrant that these links shall operate satisfactorily. UESPL provides these links only as a convenience and links to external websites do not constitute an endorsement by UESPL of such other sites, the sponsors of such websites or the content, products, advertising or other materials presented on or by such websites. UESPL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of such other websites or reliance on or availing of any content, goods or services available on or through such other websites.
v. You irrevocably and unconditionally authorise UESPL to access all information relating to you (including personal information and information relating to access and use of the App and the transactions entered into by you). Subject to the Terms, all information submitted on or via the App shall be deemed to be and remain the property of UESPL. UESPL shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in any information you may provide to or through the App. UESPL shall not be subject to any obligations of confidentiality regarding submitted information except as otherwise expressly agreed by it directly with you. UESPL shall be deemed to acquire from you a non-exclusive, world-wide, perceptual, irrevocable, royalty free license to use, adapt, reproduce, modify, publish, translate, create derivative works from, distribute, perform or display any ideas, concepts, know-how or techniques contained in any information provided by you to or through the App.
7. OTHER TERMS:
a) UESPL shall not be under any duty to assess the prudence or otherwise of any instruction or transaction given or entered into by you.
b) UESPL shall be entitled, in its sole and absolute discretion, to refuse to comply with all or any of your instructions without assigning any reason.
c) You cannot cancel any instructions once provided, save and except as specifically detailed on the App. Additionally, when you place a request to cancel an instruction or a transaction that has been authorised by you, such cancellation is not guaranteed by UESPL. Such instruction or transaction will only be cancelled if your request for cancellation is received and acted upon before the instruction or transaction has been executed.
d) UESPL shall endeavor to take reasonable measures, which may include encryption, to ensure that your personal information is not disclosed to any person except to UESPL, other persons to whom the information may be provided as per UESPL's Privacy Policy and other persons specified by you. However, the Internet is an open system and UESPL, cannot, and does not, guarantee that the personal information which you furnish will not be intercepted or accessed by others and decrypted. UESPL and Service Providers shall not be liable or responsible should any confidential or other information provided by or pertaining to you (included credit card numbers, bank account numbers, passwords, personal identification numbers, IDs, transaction details, etc.) be intercepted and subsequently used by an unintended recipient.
e) The records of access, instructions, transactions and other activities maintained or caused to be maintained by UESPL through its or a third party's computer systems or on tape or other recording or storage device or otherwise shall be admissible in evidence, shall not be challenged by you and shall be accepted as genuine, accurate, conclusive and binding for all purposes including the recording of the time thereof.
f) Services are offered only to persons who are residents or citizens of India. By offering Services on this App, UESPL are not attempting to offer or provide facilities outside their authorized states or country.
g) UESPL and/or its service providers shall endeavour to ensure that alerts are communicated to you in accordance with your instructions in this regard. However, neither UESPL nor the service providers would be responsible or liable for non-dispatch or delay in dispatch of the alerts by UESPL and/or the service providers or any delay in receipt or non-receipt of the alerts for any reason whatsoever. Under no circumstances shall UESPL and/or the service providers be liable for any costs, damages or other amount whatsoever for such non-dispatch or delay in dispatch or any non-receipt or delay in receipt of the alerts. Non-receipt of alerts will not discharge or reduce your liability to pay any amount to UESPL which would have been payable in the event of proper receipt of the alerts.
8. DISCLAIMER OF WARRANTIES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, TOMPL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO BY THE SERVICE.
UESPL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
BY OPERATING THE SERVICE, UESPL DOES NOT REPRESENT OR IMPLY THAT IT ENDORSES ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT TOMPL BELIEVES ANY MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL.
UESPL CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOMPL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UESPL AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
9. Updates to these Terms
UESPL may modify these Terms from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the Service and uninstall the App. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms.
10. INDEMNITY:
You agree to defend, indemnify and hold UESPL, its directors, officers, employees and service providers harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys' fees, arising in any way from your use of the App or the placement or transmission of any message, information, software or other materials through the App by you or related to any violation of the Terms by you.
11. Our Management of the Service; User Misconduct
a. Our Right to Manage the Service: We reserve the right, but do not undertake the obligation to: (a) monitor or review the Service for violations of these Terms and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (d) to terminate or block you and other users for violating these Terms.
b. Our Right to Terminate Users: WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
c. Google Play Store/ Third Party App Store: These Terms are between you and UESPL and not with the Google Play Store or a Third Party App Store. You agree to comply with and your license to use the Service is conditioned upon, your compliance with, the applicable Third Party App Store terms and conditions as well. To the extent that other terms and conditions of the Google Play Store are less restrictive than, or otherwise conflict with, these Terms, the more restrictive term will apply.
d. Third Party Sites: The Service may contain links to websites operated by third parties (“Third Party Sites”). For example, you can access third-party advertisements through links on the Service and you may be able to share information with Third Party Sites through links on the Service. Please note that we do not own or operate the Third-Party Sites and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites.
e. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third-Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws.
f. THESE TERMS DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD-PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICE, YOU SHOULD REVIEW THE THIRD-PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD-PARTY SITES.
12. GOVERNING LAW & JURISDICTION:
a. The App, the Terms, all transactions entered into on or through the App and the relationship between you and UESPL shall be governed by and construed in accordance with the laws of India.
b. You and UESPL agree that all claims, differences and disputes arising under or in connection with or pursuant to the App, the Terms, any transactions entered into on or through the App or the relationship between you and UESPL shall be subject to the exclusive jurisdiction of the competent courts of Mumbai, Maharashtra, India and you hereby accede to and accept the jurisdiction of such courts.
c. UESPL accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the App can be accessed or used or any facility can be availed of in a country other than India would not mean that the laws of such country would be applicable.
d. Transactions shall be subject to all applicable laws including notifications, rules, bye-laws, regulations, procedures and guidelines issued by the Government and other relevant regulatory authorities.
13. Entire Agreement
These Terms constitute the entire agreement between you and UESPL with respect to the subject matter hereof and supersedes all previous and contemporaneous written and oral representations, proposals, negotiations, and communications.
14. Assignment
UESPL may assign these Terms or any of the rights or obligations hereunder and any causes of action arising hereunder to any third party without necessity or obligation of notice to you.
15. Waivers
The waiver or failure of either you or UESPL to exercise in any respect any right or provision of these Terms will not be deemed a waiver of the applicable right or provision.
16. Severability
These Terms will operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
17. NOTICES:
UESPL may give notice to you by e-mail, letter, telephone or any other means as UESPL may deem fit to the address last given by you. Notices under the Terms and Conditions may be given to UESPL by you in writing by delivering them by hand or by sending them by post to UESPL's address mentioned on the App. UESPL may, but shall not be bound to, act upon notices and instructions given by you to TOMPL by e-mail, letter, telephone or any other means as UESPL may deem fit.
18. MISCELLANEOUS:
a) The headings in the Terms are only for convenience and do not affect the meaning of any provision and shall not be taken into account in interpreting or limiting the scope of the provisions of the Terms.
b) UESPL may sub-contract or employ agents to carry out any functions or services relating to the App or any of its obligations under the Terms.
c) You agree that UESPL may from time to time send by e-mail or otherwise, information relating to products and services offered by it or by UESPL or any other entities, the Facilities, general information related to financial and other services, advertisements of various products and services etc. to you.
d) You must at your own cost: (a) provide for your own access to the App and pay any service fees, telephone charges and online service usage associated with such access, and (b) provide all equipment necessary for you to make such connection to the App, including a computer and modem.
e) The conditions stated in these Terms are in addition to the other terms and conditions stated elsewhere in the App.
f) UESPL will not be responsible for any failure to perform its obligations under the Terms due to circumstances beyond its reasonable control including, without limitation, acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood, or accidents.
g) Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
