Rama Enterprises PAY SERVICES USAGE
Please read the following terms and conditions carefully before
registering on, accessing, browsing, downloading or using the Rama Enterprises
website,
and all associated sites, or the Rama Enterprises mobile application or any similar
platform (hereinafter collectively, the Rama Enterprises Platform run by Rama
Enterprises ,
Any of its affiliates (hereinafter collectively, Rama Enterprises or
Rama Enterprises on any device and/or before availing any services offered by Rama
Enterprises
on the Rama Enterprises Platform which may include services such as recharge or bill
payment, digital products, semi-closed wallet service and marketplace service or any
other service that may be offered by Rama Enterprises on the Rama Enterprises
Platform
(hereinafter individually, and collectively,
The Rama Enterprises Services). For the avoidance of doubt, it
is
clarified that these terms and conditions shall apply to all Rama Enterprises
Services,
whether offered by Rama Enterprises or its affiliates.
ACCEPTANCE
By registering on, accessing, browsing, downloading or using the
Rama Enterprises Platform for any general purpose or for the specific purpose of
availing
any Rama Enterprises Service, you agree to be bound by the single-sign-on ID
(hereinafter
TRANSFER) terms and conditions set forth below as well as by the service-specific
terms and conditions applicable to each Rama Enterprises Service (hereinafter
collectively, the T&Cs).
These T&Cs shall also include any additional or modified terms and
conditions in relation to the TRANSFER or any additional or modified
service-specific terms and conditions in relation to any Rama Enterprises Service or
any
future service that may be offered by Rama Enterprises on the Rama Enterprises
Platform. By
registering on, accessing, browsing, downloading or using (as applicable) the
Rama Enterprises Platform or availing any Rama Enterprises Service or the TRANSFER,
you
automatically and immediately agree to all the T&Cs. If at any time you do not
accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs,
you may not access, browse or use the Rama Enterprises Platform and immediately
terminate
your availing the Rama Enterprises Services. Accepting or agreeing to the T&Cs
will
constitute a legal contract (hereinafter Agreement) between you, being at least 18
years of age and an individual user of the Rama Enterprises Platform or a customer
or
beneficiary of the Rama Enterprises Services, and Rama Enterprises .
All services are rendered by Rama Enterprises through the Rama
Enterprises Platform
under the brand name “Rama Enterprises ” (or any derivatives or variations thereof).
Consequently, all the rights, benefits, liabilities and obligations under the
T&Cs shall, as the case may be, accrue to the benefit of, or incurred by,
Rama Enterprises , regarding your use of Rama Enterprises ’s digital services (which
includes
but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus
tickets, hotel rooms or flight tickets), the semi closed wallet service, the
marketplace service or any such other services which may be added on the Rama
Enterprises
Platform and which will henceforth be a Rama Enterprises Service, from time to time.
The Rama Enterprises Services shall be used by you subject to your
adherence
with the T&Cs. As long as you accept and comply with these T&Cs, Rama
Enterprises
grants you a personal, non-exclusive, non-transferable, limited, revocable privilege
to enter and use the Rama Enterprises Platform and/or avail the Rama Enterprises
Services.
ELIGIBILITY
The Rama Enterprises Services are not available to persons under
the
age of 18 or to anyone previously suspended or removed by Rama Enterprises from
availing
the Rama Enterprises Services or accessing the Rama Enterprises Platform. By
accepting the
T&Cs or by otherwise using the Rama Enterprises Services on the Rama Enterprises
Platform,
you represent that you are at least 18 years of age and have not been previously
suspended or removed by Rama Enterprises , or disqualified for any other reason,
from
availing the Rama Enterprises Services or using the Rama Enterprises Platform. In
addition, you
represent and warrant that you have the right, authority and capacity to enter into
this Agreement and to abide by all the T&Cs as part of this Agreement.
Finally, you shall not impersonate any person or entity, or falsely
state or otherwise misrepresent your identity, age or affiliation with any person or
entity. Finally, in the event of any violation of the T&Cs, Rama Enterprises
reserves
the right to suspend or permanently prevent you from availing Rama Enterprises
Services or
using the Rama Enterprises Platform.
OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply in order for you to
avail specific Rama Enterprises Services and to specific portions or features of the
Rama Enterprises Platform, including contests, promotions or other similar features,
all
of which terms are made a part of these T&Cs by this reference. You agree to
abide by such other terms and conditions, including where applicable representing
that you are of sufficient legal age to use or participate in such service or
feature. If there is a conflict between these T&Cs and the terms posted for or
applicable to a specific portion of the Rama Enterprises Platform or for any Rama
Enterprises
Service offered on or through the Rama Enterprises Platform, the latter terms shall
control with respect to your use of that portion of the Rama Enterprises Platform or
the
specific Rama Enterprises Service.
Rama Enterprises may make changes to any Rama Enterprises Services
offered on the
Rama Enterprises Platform, or to the applicable terms for any such Rama Enterprises
Services, at
any time, without notice. The materials on the Rama Enterprises Platform with
respect to
the Rama Enterprises Services may be out of date, and Rama Enterprises makes no
commitment to
update the materials on the Rama Enterprises Platform with respect to such Rama
Enterprises
Services. The following terms also govern and apply to your use of the Rama
Enterprises
Platform, and they are incorporated herein by this reference:
Rama Enterprises Platform Services, Participating Platforms
Rama Enterprises services offers you the convenience, after a
one-time
registration any Rama Enterprises Platform, to sign on (log in) to all web pages and
online platforms operated by Rama Enterprises or its affiliates (hereinafter the
Participating Platforms) with single log-in access / data, without going through a
separate registration process every time.
After successfully registering for the Rama Enterprises Service, the
user can
log-in via each Participating Platform with his Rama Enterprises access credentials.
Moreover, if already logged in to one of the Participating Platforms, the user can
immediately use all other Participating Platforms without additional log-in
procedures (subject to the respective Participating Platform requiring further
declarations).
The Participating Platforms that offer the Rama Enterprises as a
login
feature, are visible on registration and in the user account. The number of
Participating Platforms may also vary in the course of time. With regard to the
contractual relationships of the users with the respective Participating Platforms,
for the purposes of which Rama Enterprises ’s service is or can be used in
accordance with
these T&Cs, these can alternatively have their own commercial and user terms and
conditions.
These business or user terms and conditions are available on the
respective Participating Platforms. For the respective contents of the Participating
Platforms, the respective affiliate of Rama Enterprises is solely responsible only
for
those content that it actually operates. For the Rama Enterprises service, these
T&Cs
apply exclusively, whereas for the use of the Participating Platforms, their
business and user terms and conditions apply along with these T&Cs. The
Rama Enterprises shall be owned and operated by Rama Enterprises Solutions Pvt. Ltd.
for use on
all Participating Platforms, by Rama Enterprises or its affiliates. For the use of
Rama Enterprises ’s service, the user must register. Registration as a user is only
allowed if the user meets the eligibility criteria as set out in these T&Cs.
Each user can set up only one user account. The user is obliged to provide correct
and complete information during the registration and use of the Rama Enterprises
service.
The login data is intended solely for personal use by the user and therefore always
to be kept secret and safe. The user is not entitled to share his login details with
third parties to use the Rama Enterprises service or to disclose them otherwise.
The user is obliged to inform Rama Enterprises immediately on becoming
aware
of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of
their access data or of their user account. Furthermore, the user is obliged not to
use the user account of another person. Submission of the duly completed
registration form by the user simply provides invitation to us to make an offer to
enter into the agreement on the use of our Rama Enterprises service (hereinafter the
Rama Enterprises Agreement). Our offer for the conclusion of the Rama Enterprises
Agreement is
then affected by the fact that Rama Enterprises sends the user a confirmation by
e-mail,
in which a confirmation link is included next to the user name and the password for
the Rama Enterprises Service.
By the user clicking on this confirmation link, the user accepts
Rama Enterprises ’s offer, so that in this way the Rama Enterprises Agreement enters
into force.
Conclusion of the Rama Enterprises Agreement may, also be effected through other
communication modes and following such processes which help achieve the same purpose
as the aforementioned e-mail confirmation process. Rama Enterprises is entitled to
reject
individual users without giving reasons. The user guarantees that the data submitted
for their user account (and any other information that is otherwise left for
Rama Enterprises ) are in all respects complete, true, accurate and not misleading.
Any
changes to user’s data should be promptly updated correctly in its account.
COMMUNICATION POLICY
By accepting the T&Cs, you accept the following: 1.
Rama Enterprises may send alerts to the mobile phone number provided by you while
registering with the Rama Enterprises Platform for the TRANSFER service or on any
updated
mobile number subsequently provided by you on the Rama Enterprises Platform, or via
e-mail
or push notifications. The alerts will be received in case of SMS, only if the
mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the
e-mail servers and e-mail ids are functional, and in case of push notifications, if
the user has enabled the receipt of such notifications. If the mobile phone is in
‘Off’ mode or if the e-mail servers or ids are not functional or if the
push-notifications feature has been turned off, then you may not get the alert at
all or get delayed messages.
2. Rama Enterprises will make best efforts to provide alerts via
SMS/e-mail/push notifications and it shall be deemed that you shall have received
the information sent from Rama Enterprises as an alert on the mobile phone number or
e-mail id provided during the course of, or in relation to, using the Rama
Enterprises
Platform or availing any Rama Enterprises Services. Rama Enterprises shall not be
under any
obligation to confirm the authenticity of the person(s) receiving the alert. You
cannot hold Rama Enterprises liable for non-availability of the SMS/email alert/push
notifications service in any manner whatsoever.
3. The SMS/e-mail alert/push notification service provided by
Rama Enterprises is an additional facility provided for your convenience and that it
may
be susceptible to error, omission and/or inaccuracy. In the event that you observe
any error in the information provided in the alert, Rama Enterprises shall be
immediately
informed about the same by you and Rama Enterprises will make best possible efforts
to
rectify the error as early as possible. You shall not hold Rama Enterprises liable
for any
loss, damages, claim, expense including legal cost that may be incurred/suffered by
you on account of the SMS/e-mail alert/push notification facility.
4. The clarity, readability, accuracy and promptness of providing the
SMS/e-mail alert/push notification service depend on many factors including the
infrastructure and connectivity of the service provider. Rama Enterprises shall not
be
responsible for any non-delivery, delayed delivery or distortion of the alert in any
way whatsoever.
5. You will indemnify and hold harmless Rama Enterprises and the
SMS/e-mail
service provider including its officials from any damages, claims, demands,
proceedings, losses, costs, charges and expenses whatsoever including legal charges
and attorney’s fees which Rama Enterprises or the SMS/e-mail service provider may at
any
time incur, sustain, suffer or be subjected to as a consequence of, or arising out
of, any of the following:
(i) misuse by you or improper or fraudulent information provided
by you;
(ii) incorrect number or a number that belongs to an unrelated
third party provided by you; and/or
(iii) the customer receiving any message relating to the
reservation number, travel itinerary information, booking confirmation, modification
to a ticket, cancellation of ticket, change in bus schedule, delay, and/or
rescheduling from Rama Enterprises and/or the SMS/e-mail service provider.
6. You will receive information via SMS, e-mail and phone calls
regarding what Rama Enterprises perceive to be of your interest based on your usage
history and browsing history (which information may be shared by Rama Enterprises
with its
affiliates). This includes providing information relating to offers, discounts and
general information by Rama Enterprises . In case you do not want such information,
you
have to explicitly ask to be excluded.
Use of Rama Enterprises Platform
You understand that except for information, products or services
clearly indicated as being supplied by Rama Enterprises , we do not operate,
control, or
endorse any information, products or services on the Internet in anyway. You also
understand that Rama Enterprises cannot and does not guarantee or warrant that files
available for download through the Rama Enterprises Platform will be free of
viruses,
worms or other code that may be damaging. You are responsible for implementing
procedures to satisfy your particular requirements of Internet security and for
accuracy of data input and output.
PROHIBITED CONDUCT
By accessing or using the Rama Enterprises Platform or by
availing
Rama Enterprises Services, you agree not to: 1. Violate the T&Cs; 2. Impersonate
any
person or entity, falsely claim or otherwise misrepresent your affiliation with any
person or entity, or access the accounts of others without permission, forge another
person’s digital signature, misrepresent the source, identity, or content of
information transmitted via the Rama Enterprises Services, perform any other similar
fraudulent activity or otherwise avail Rama Enterprises
Services with what we reasonably believe to be potentially fraudulent
funds; 3. Infringe our or any third party’s intellectual property rights, rights of
publicity or privacy; 4. Use the Rama Enterprises Services if you are under the age
of 18
years without a parental sponsor or, in any event, use the Rama Enterprises Services
if
you are under the age of 13 years old even with a parental sponsor and in accordance
with applicable law; 5. Post or transmit any message which is libelous, defamatory
or which discloses private or personal matters concerning any person; 6. Post or
transmit any message, data, image or program which is pornographic, vulgar or
offensive in nature; 7. Refuse to cooperate in an investigation or provide
confirmation of your identity or any other information provide by you to Rama
Enterprises
; 8. Remove, circumvent, disable, damage or otherwise interfere with
security-related features of the Rama Enterprises Services and the Rama Enterprises
Platform or
features that enforce limitations on the use of the Rama Enterprises Services or the
Rama Enterprises Platform; 9. Reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of as regards Rama Enterprises Services or Rama
Enterprises
Platform or any part thereof, except and only to the extent this is expressly
permissible by applicable law; 10. Use the Rama Enterprises Services or the Rama
Enterprises
Platform in any manner that could damage, disable, overburden, or impair it,
including, without limitation, using the Rama Enterprises Services or the Rama
Enterprises
Platform in an automated manner; 11. Modify, adapt, translate or create derivative
works based upon the Rama Enterprises Services and the Rama Enterprises Platform or
any part
thereof, except and only to the extent that that this is permissible by applicable
law; 12. Intentionally interfere with or damage operation of the Rama Enterprises
Services
or the Rama Enterprises Platform or any other user’s enjoyment of it, by any means,
including uploading or otherwise disseminating viruses, adware, spyware, worms, or
other malicious code or file with contaminating or destructive features; 13. Use any
robot, spider, other automatic device, or manual process to monitor or copy the
Rama Enterprises Platform without prior written permission; 14. Interfere or disrupt
the
Rama Enterprises Platform or networks connected to the Rama Enterprises Platform;
15. Take any
action that imposes an unreasonably or disproportionately large load on Rama
Enterprises
’s infrastructure/network; 16. Use any device, software or routine to bypass the
Rama Enterprises Platform’s robot exclusion headers, or interfere or attempt to
interfere,
with the Rama Enterprises Services; 17. forge headers or manipulate identifiers or
other
data in order to disguise the origin of any content transmitted through the
Rama Enterprises Platform or to manipulate your presence on the Rama Enterprises
Platform; 18.
Sell the Rama Enterprises Services, information, or software associated with or
derived
from it; 19. Use the facilities and capabilities of the Rama Enterprises Platform to
conduct any activity or solicit the performance of any illegal activity or other
activity which infringes the rights of others; 20. Breach this Agreement, the SSOID
Agreement or any other agreement or policy as may be applicable pursuant to the
T&Cs; 21. Provide false, inaccurate or misleading information; 22. Use the
Rama Enterprises Platform to collect or obtain personal information, including
without
limitation, financial information, about other users of the Rama Enterprises
Platform,
except and only as expressly provided in the T&Cs; 23. Avail Rama Enterprises
Services
with what Rama Enterprises reasonably believes to be potentially fraudulent funds;
24. Use
the Rama Enterprises Services in a manner that results in or may result in
complaints,
disputes, reversals, charge-backs, fees, fines, penalties and other liability to
Rama Enterprises , a third party or you; 25. Use the Rama Enterprises Services in a
manner that
Rama Enterprises or any payment card network reasonably believe to be an abuse of
the
payment card system or a violation of payment card network rules; 26. Take any
action that may cause Rama Enterprises to lose any of the Rama Enterprises Services
from its
service providers or lose any of its recharge partners or business partners,
including mobile operators or telecom companies, payment processors or other
suppliers; 27. Send automated request of any kind to the Rama Enterprises Platform
without
express permission in advance from Rama Enterprises .
TERMINATION; AGREEMENT VIOLATIONS
You agree that Rama Enterprises , in its sole discretion, for
any or
no reason, and without penalty, may suspend or terminate your account (or any part
thereof) or your use of the Rama Enterprises Services/Rama Enterprises Platform and
remove and
discard on the Rama Enterprises Platform all or any part of your account, your user
profile, or your recipient profile, including your SSOID, at any time. Rama
Enterprises
may also in its sole discretion and at any time discontinue providing access to the
Rama Enterprises Services, or any part thereof, with or without notice. You agree
that any
termination of your access to the Rama Enterprises Services/Rama Enterprises
Platform or any
account you may have or portion thereof may be effected without prior notice, and
you agree that Rama Enterprises will not be liable to you or any third party for any
such
termination or interruption. Any suspected fraudulent, abusive or illegal activity
may be referred to appropriate law enforcement authorities. These remedies are in
addition to any other remedies Rama Enterprises may have at law or in equity. Upon
termination for any reason, you agree to immediately stop using the Rama Enterprises
Services/Rama Enterprises Platform.
LIMITATION OF LIABILITY AND DAMAGES
In no event, Rama Enterprises or its contractors, agents,
licensors, partners or suppliers will be liable to you for any special,
indirect, incidental, consequential, punitive, reliance, or exemplary damages
(including without limitation lost business opportunities, lost revenues, or
loss of anticipated profits or any other pecuniary or non-pecuniary loss or
damage of any nature whatsoever) arising out of or relating to: (i) this
Agreement; (ii) the SSOID Agreement; (iii) the Rama Enterprises Services, the
Rama Enterprises Platform or any reference site/app/platform/service; or (iv)
your use
or inability to use the Rama Enterprises Services, the Rama Enterprises Platform
(including
any and all materials) or any reference sites/app/platform/service, even if
Rama Enterprises or a Rama Enterprises authorized representative has been
advised of the
possibility of such damages. In no event, Rama Enterprises or any of its
contractors,
directors, employees, agents, third party partners, licensors or suppliers will
be liable to you for any damages, liabilities, losses, and causes of action
arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement;
(iii) the Rama Enterprises Services, the Rama Enterprises Platform or any
reference
site/app/platform/service; or (iv) your use or inability to use the Rama
Enterprises
services, the Rama Enterprises Platform (including any and all materials) or any
reference sites/app/platform/service; or (v) any other interactions with
Rama Enterprises , however caused and whether arising in contract, tort
including
negligence, warranty or otherwise, beyond or in excess of the amount paid by
you, if any, for using the portion of the Rama Enterprises Service or the Rama
Enterprises
Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000,
whichever is less. You acknowledge and agree that Rama Enterprises has offered
its
products and services, set its prices, and entered into this Agreement in
reliance upon the warranty disclaimers and the limitations of liability set
forth herein, that the warranty disclaimers and the limitations of liability set
forth herein reflect a reasonable and fair allocation of risk between you and
Rama Enterprises , and that the warranty disclaimers and the limitations of
liability
set forth herein form an essential basis of the bargain between you and
Rama Enterprises . Rama Enterprises would not be able to provide the services to
you on an
economically reasonable basis without these limitations. Applicable law may not
completely allow the limitation or exclusion of liability or incidental or
consequential damages, so the above limitations or exclusions will apply to you
subject to applicable law. In such cases, Rama Enterprises ’s liability will be
limited to the fullest extent permitted by applicable law. This paragraph shall
survive the termination of this Agreement.
INDEMNIFICATION
You agree to indemnify, save, and hold Rama Enterprises ,
its
affiliates, contractors, employees, officers, directors, agents and its third
party suppliers, licensors, and partners harmless from any and all claims,
losses, damages, and liabilities, costs and expenses, including without
limitation legal fees and expenses, arising out of or related to: (i) your use
or misuse of the Rama Enterprises Services or of the Rama Enterprises Platform;
(ii) any
violation by you of this Agreement or the SSOID Agreement; or (iii) any breach
of the representations, warranties, and covenants made by you herein (iv)
Contractors, agents and distributors indemnify all claims, losses, damages, and
liabilities, costs and expenses, including without limitation legal fees and
expenses, arising out of or related to retailers and vice-versa. Rama
Enterprises
reserves the right, at your expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify Rama Enterprises ,
including
rights to settle, and you agree to cooperate with Rama Enterprises ’s defense
and
settlement of these claims. Rama Enterprises will use reasonable efforts to
notify you
of any claim, action, or proceeding brought by a third party that is subject to
the foregoing indemnification upon becoming aware of it. This paragraph shall
survive termination of this Agreement.
DISCLAMER; NO WARRANTIES
To the fullest extent permissible pursuant to applicable
law, Rama Enterprises and its third-party partners, licensors and suppliers
disclaim
all warranties or guarantees – whether statutory, express or implied –
including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, and non-infringement of proprietary rights. No advice
or information, whether oral or written, obtained by you from Rama Enterprises
or
through the Rama Enterprises Services or the Rama Enterprises Platform will
create any
warranty or guarantee other than those expressly stated herein. For the purposes
of this Disclaimer, you expressly acknowledge that as used in this section, the
term “Rama Enterprises ” includes Rama Enterprises ’s officers, directors,
employees,
shareholders, agents, licensors, subcontractors and affiliates. You acknowledge
that Rama Enterprises is a reseller of mobile recharges and is not liable for
any
third party (telecom companies, mobile operators or suppliers) obligations due
to rates, quality and all other instances, whether to any such telecom
companies’ subscribers or otherwise. You expressly agree that use of the
Rama Enterprises Services on the Rama Enterprises Platform is at your sole risk.
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. Rama Enterprises does not warrant that
the
Rama Enterprises Services will be uninterrupted or error-free or that defects in
the
site will be corrected. The Rama Enterprises Services and the Rama Enterprises
Platform and
any data, information, third party software, reference sites, services, or
software made available in conjunction with or through the services and the site
are provided on an “as is” and “as available,” “with all faults” basis and
without warranties or representations of any kind either express or implied.
Rama Enterprises , and its third party suppliers, licensors, and partners do not
warrant that the data, Rama Enterprises software, functions, or any other
information
offered on or through the Rama Enterprises Services/Rama Enterprises Platform or
any
reference sites/platforms/apps/services will be uninterrupted, or free of
errors, viruses or other harmful components and do not warrant that any of the
foregoing will be corrected. Rama Enterprises and its third party suppliers,
licensors, and partners do not warrant or make any representations regarding the
use or the results of the use of the Rama Enterprises Services/Rama Enterprises
Platform or
any reference sites/platforms/apps/services in terms of correctness, accuracy,
reliability, or otherwise.
You understand and agree that you use, access, download, or
otherwise obtain information, materials, or data through the Rama Enterprises
Services/Rama Enterprises Platform or any reference
sites/platforms/apps/services at
your own discretion and risk and that you will be solely responsible for any
damage to your property (including your computer system and mobile device or any
other equipment) or loss of data that results from the download or use of such
material or data. We do not authorize anyone to make any warranty on our behalf
and you should not rely on any such statement. This paragraph shall survive
termination of this Agreement. In no event will Rama Enterprises be liable for
any
incidental, consequential, or indirect damages (including, but not limited to,
damages for loss of profits, business interruption, loss of programs or
information, and the like) arising out of the use of or inability to use the
Rama Enterprises Platform.
OWNERSHIP; PROPRIETARY RIGHTS
The Rama Enterprises Services and the Rama Enterprises
Platform are
owned and operated by Rama Enterprises and/or third party licensors. The visual
interfaces, graphics, design, compilation, information, computer code (including
source code and object code), products, software, services, and all other
elements of the Rama Enterprises Services and the Rama Enterprises Platform
provided by
Rama Enterprises (hereafter Materials) are protected by Indian copyright, trade
dress,
patent, and trademark laws, international conventions, and all other relevant
intellectual property and proprietary rights, and applicable laws. As between
you and Rama Enterprises , all Materials, trademarks, service marks, and trade
names
contained on the Rama Enterprises Platform are the property of Rama Enterprises
and/or third
party licensors or suppliers. You agree not to remove, obscure, or alter
Rama Enterprises or any third party’s copyright, patent, trademark, or other
proprietary rights notices affixed to or contained within or accessed in
conjunction with or through the Rama Enterprises Services/Rama Enterprises
Platform. Except
as expressly authorized by Rama Enterprises , you agree not to sell, license,
distribute, copy, modify, publicly perform or display, transmit, publish, edit,
adapt, create derivative works from, or otherwise make unauthorized use of the
Materials. Rama Enterprises reserves all rights not expressly granted in this
Agreement. If you have comments regarding the Rama Enterprises Services and/or
the
Rama Enterprises Platform or ideas on how to improve it, please contact customer
service. Please note that by doing so, you hereby irrevocably assign to
Rama Enterprises , and shall assign to Rama Enterprises , all rights, title and
interests in
and to all ideas and suggestions and any and all worldwide intellectual property
rights associated therewith. You agree to perform such acts and execute such
documents as may be reasonably necessary to perfect the foregoing rights.
MODIFICATION OF THIS AGREEMENT
Rama Enterprises reserves the right to change, modify, add,
or
remove portions of this Agreement (each, a change and collectively, changes) at
any time by posting notification on the Rama Enterprises Platform or otherwise
communicating the notification to you. The changes will become effective, and
shall be deemed accepted by you, 24 hours after the initial posting and shall
apply immediately on a going-forward basis with respect to your use of the
Rama Enterprises Platform, availing the Rama Enterprises Services or for payment
transactions initiated after the posting date. If you do not agree with any such
change, your sole and exclusive remedy is to terminate your use of the
Rama Enterprises Services/Rama Enterprises Platform. For certain changes, Rama
Enterprises may be
required under applicable law to give you advance notice, and Rama Enterprises
will
comply with such requirements. Your continued use of the Rama Enterprises
Platform
following the posting of changes will mean that you accept and agree to the
changes.
NOTICE
Rama Enterprises may provide you with notices and
communications
by e-mail, SMS, push notifications, regular mail or postings on the Rama
Enterprises
Platform or by any other reasonable means. Except as otherwise set forth herein,
notice to Rama Enterprises must be sent by courier or registered mail to Rama
Enterprises
shajapur near aganvadi(465001) , India.
WAIVER
The failure of Rama Enterprises to exercise or enforce any
right
or provision of this Agreement will not constitute a waiver of such right or
provision. Any waiver of any provision of this Agreement will be effective only
if in writing and signed by Rama Enterprises .
DISPUTE RESOLUTION
If any dispute, controversy or claim arises under this
Agreement or in relation to any Rama Enterprises Service or the Rama Enterprises
Platform,
including any question regarding the existence, validity or termination of this
Agreement or T&Cs (hereinafter Dispute), the parties shall use all
reasonable Endeavour’s to resolve such Dispute amicably. If the parties are
unable to resolve the Dispute amicably within 30 days of the notice of such
Dispute, Rama Enterprises may elect to resolve any Dispute by a binding
arbitration in
accordance with the provisions of the Indian Arbitration & Conciliation Act,
1996 (hereinafter Act). Such Dispute 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 Dispute shall be resolved by a sole arbitrator,
appointed in accordance with the Act. The seat of the arbitration shall be New
Delhi and the language of this arbitration shall be English. Either you or
Rama Enterprises may seek any interim or preliminary relief from a court of
competent
jurisdiction in New Delhi necessary to protect the rights or the property
belonging to you or Rama Enterprises (or any of our agents, suppliers, and
subcontractors), pending the completion of arbitration. Any arbitration shall be
confidential, and neither you nor Rama Enterprises may disclose the existence,
content
or results of any arbitration, except as may be required by law or for purposes
of enforcing the arbitration award. All administrative fees and expenses of
arbitration will be divided equally between you and Rama Enterprises . In all
arbitrations, each party will bear the expense of its own lawyers and
preparation. This paragraph shall survive termination of this Agreement.
GOVERNING LAW AND FORUM FOR DISPUTES
Subject to the Dispute Resolution section above, you agree
that any claim or dispute you may have against Rama Enterprises must be resolved
by a
court having jurisdiction in New Delhi, India. You agree to submit to the
personal jurisdiction of the courts located within New Delhi, India, for the
purpose of litigating all such claims or disputes. This Agreement shall be
governed by Indian law. This paragraph shall survive termination of this
Agreement.
SEVERABILITY
If any provision of this Agreement is held to be unlawful,
void, invalid or otherwise unenforceable, then that provision will be limited or
eliminated from this Agreement to the minimum extent required, and the remaining
provisions will remain valid and enforceable.