Please read the following terms and conditions carefully before registering on, accessing, browsing,
downloading or using the Transpay Solutions Private Limited website, and all associated sites, or the Transpay Solutions Private Limited .
mobile application or any similar platform (hereinafter collectively, the Transpay Solutions Private Limited .
Platform run by Transpay Solutions Private Limited,
Any of its affiliates (hereinafter collectively, Transpay Solutions Private Limited . or Transpay Solutions Private Limited on any device
and/or before availing any services offered by Transpay Solutions Private Limited . on the Transpay Solutions Private Limited 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 Transpay Solutions Private Limited on the Transpay Solutions Private Limited Platform
(hereinafter individually, and collectively,
The Transpay Solutions Private Limited . Services). For the avoidance of doubt, it is clarified that these
terms and conditions shall apply to all Transpay Solutions Private Limited Services, whether offered by Transpay Solutions Private Limited or its
affiliates.
By registering on, accessing, browsing, downloading or using the Transpay Solutions Private Limited Platform for any general
purpose or for the specific purpose of availing any Transpay Solutions Private Limited 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 Transpay Solutions Private Limited 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
Transpay Solutions Private Limited Service or any future service that may be offered by Transpay Solutions Private Limited on the Transpay Solutions Private Limited Platform. By
registering on, accessing, browsing, downloading or using (as applicable) the Transpay Solutions Private Limited Platform or
availing any Transpay Solutions Private Limited 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 Transpay Solutions Private Limited Platform and immediately terminate your availing
the Transpay Solutions Private Limited 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 Transpay Solutions Private Limited
Platform
or a customer or beneficiary of the Transpay Solutions Private Limited Services, and Transpay Solutions Private Limited.
All services are rendered by Transpay Solutions Private Limited through the Transpay Solutions Private Limited Platform under the brand name “Transpay Solutions Private Limited” (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,
Transpay Solutions Private Limited, regarding your use of Transpay Solutions Private Limited’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 Transpay Solutions Private Limited Platform and which will henceforth be a Transpay Solutions Private Limited Service, from time to time.
The Transpay Solutions Private Limited 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, Transpay Solutions Private Limited grants you a personal, non-exclusive, non-transferable,
limited, revocable privilege to enter and use the Transpay Solutions Private Limited Platform and/or avail the Transpay Solutions Private Limited
Services.
The Transpay Solutions Private Limited Services are not available to persons under the age of 18 or to anyone previously
suspended
or removed by Transpay Solutions Private Limited from availing the Transpay Solutions Private Limited Services or accessing the Transpay Solutions Private Limited Platform. By
accepting
the T&Cs or by otherwise using the Transpay Solutions Private Limited Services on the Transpay Solutions Private Limited Platform, you represent that you
are
at least 18 years of age and have not been previously suspended or removed by Transpay Solutions Private Limited, or
disqualified
for any other reason, from availing the Transpay Solutions Private Limited Services or using the Transpay Solutions Private Limited 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, Transpay Solutions Private Limited reserves the right to suspend or permanently prevent you from availing Transpay Solutions Private Limited
Services or using the Transpay Solutions Private Limited Platform.
Additional terms and conditions may apply in order for you to avail specific Transpay Solutions Private Limited Services and to
specific portions or features of the Transpay Solutions Private Limited 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 Transpay Solutions Private Limited Platform or for any
Transpay Solutions Private Limited Service offered on or through the Transpay Solutions Private Limited Platform, the latter terms shall control with
respect
to your use of that portion of the Transpay Solutions Private Limited Platform or the specific Transpay Solutions Private Limited Service.
Transpay Solutions Private Limited may make changes to any Transpay Solutions Private Limited Services offered on the Transpay Solutions Private Limited Platform, or to the
applicable
terms for any such Transpay Solutions Private Limited Services, at any time, without notice. The materials on the Transpay Solutions Private Limited
Platform
with respect to the Transpay Solutions Private Limited Services may be out of date, and Transpay Solutions Private Limited makes no commitment to update
the
materials on the Transpay Solutions Private Limited Platform with respect to such Transpay Solutions Private Limited Services. The following terms also
govern
and apply to your use of the Transpay Solutions Private Limited Platform, and they are incorporated herein by this reference:
Transpay Solutions Private Limited services offers you the convenience, after a one-time registration any Transpay Solutions Private Limited Platform, to
sign
on (log in) to all web pages and online platforms operated by Transpay Solutions Private Limited 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 Transpay Solutions Private Limited Service, the user can log-in via each Participating
Platform with his Transpay Solutions Private Limited 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 Transpay Solutions Private Limited 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 Transpay Solutions Private Limited’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 Transpay Solutions Private Limited is
solely responsible only for those content that it actually operates. For the Transpay Solutions Private Limited 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 Transpay Solutions Private Limited shall be owned and operated by Transpay Solutions Private Limited
Solutions. for use on all Participating Platforms, by Transpay Solutions Private Limited or its affiliates. For the use of
Transpay Solutions Private Limited’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
Transpay Solutions Private Limited 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 Transpay Solutions Private Limited service or to disclose them otherwise.
The user is obliged to inform Transpay Solutions Private Limited 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 Transpay Solutions Private Limited service (hereinafter the Transpay Solutions Private Limited Agreement). Our
offer for the conclusion of the Transpay Solutions Private Limited Agreement is then affected by the fact that Transpay Solutions Private Limited 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 Transpay Solutions Private Limited Service.
By the user clicking on this confirmation link, the user accepts Transpay Solutions Private Limited’s offer, so that in this
way
the Transpay Solutions Private Limited Agreement enters into force. Conclusion of the Transpay Solutions Private Limited 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. Transpay Solutions Private Limited 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 Transpay Solutions Private Limited) are in all respects complete, true, accurate
and
not misleading. Any changes to user’s data should be promptly updated correctly in its account.
By accepting the T&Cs, you accept the following: 1. Transpay Solutions Private Limited may send alerts to the mobile phone
number
provided by you while registering with the Transpay Solutions Private Limited Platform for the TRANSFER service or on any
updated
mobile number subsequently provided by you on the Transpay Solutions Private Limited 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. Transpay Solutions Private Limited 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 Transpay Solutions Private Limited as an alert on the mobile
phone
number or e-mail id provided during the course of, or in relation to, using the Transpay Solutions Private Limited Platform or
availing any Transpay Solutions Private Limited Services. Transpay Solutions Private Limited shall not be under any obligation to confirm the authenticity
of
the person(s) receiving the alert. You cannot hold Transpay Solutions Private Limited 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 Transpay Solutions Private Limited 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, Transpay Solutions Private Limited shall be
immediately informed about the same by you and Transpay Solutions Private Limited will make best possible efforts to rectify
the
error as early as possible. You shall not hold Transpay Solutions Private Limited 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. Transpay Solutions Private Limited 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 Transpay Solutions Private Limited 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 Transpay Solutions Private Limited 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 Transpay Solutions Private Limited and/or the SMS/e-mail service provider.
6. You will receive information via SMS, e-mail and phone calls regarding what Transpay Solutions Private Limited perceive to
be
of your interest based on your usage history and browsing history (which information may be shared
by Transpay Solutions Private Limited with its affiliates). This includes providing information relating to offers, discounts
and
general information by Transpay Solutions Private Limited. In case you do not want such information, you have to explicitly ask
to be excluded.
You understand that except for information, products or services clearly indicated as being supplied by Transpay Solutions Private Limited, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Transpay Solutions Private Limited cannot and does not guarantee or warrant that files available for download through the Transpay Solutions Private Limited 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.
By accessing or using the Transpay Solutions Private Limited Platform or by availing Transpay Solutions Private Limited 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 Transpay Solutions Private Limited Services, perform any other similar fraudulent activity or otherwise
avail
Transpay Solutions Private Limited
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 Transpay Solutions Private Limited
Services if you are under the age of 18 years without a parental sponsor or, in any event, use the
Transpay Solutions Private Limited 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 Transpay Solutions Private Limited; 8. Remove, circumvent, disable, damage or otherwise interfere with security-related
features of the Transpay Solutions Private Limited Services and the Transpay Solutions Private Limited Platform or features that enforce limitations on
the
use of the Transpay Solutions Private Limited Services or the Transpay Solutions Private Limited Platform; 9. Reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of as regards Transpay Solutions Private Limited Services or Transpay Solutions Private Limited Platform or
any
part thereof, except and only to the extent this is expressly permissible by applicable law; 10. Use
the Transpay Solutions Private Limited Services or the Transpay Solutions Private Limited Platform in any manner that could damage, disable, overburden,
or
impair it, including, without limitation, using the Transpay Solutions Private Limited Services or the Transpay Solutions Private Limited Platform in an
automated manner; 11. Modify, adapt, translate or create derivative works based upon the Transpay Solutions Private Limited
Services and the Transpay Solutions Private Limited 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 Transpay Solutions Private Limited
Services or the Transpay Solutions Private Limited 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 Transpay Solutions Private Limited Platform without prior written permission; 14.
Interfere or disrupt the Transpay Solutions Private Limited Platform or networks connected to the Transpay Solutions Private Limited Platform; 15. Take
any
action that imposes an unreasonably or disproportionately large load on Transpay Solutions Private Limited’s
infrastructure/network; 16. Use any device, software or routine to bypass the Transpay Solutions Private Limited Platform’s
robot
exclusion headers, or interfere or attempt to interfere, with the Transpay Solutions Private Limited Services; 17. forge
headers
or manipulate identifiers or other data in order to disguise the origin of any content transmitted
through the Transpay Solutions Private Limited Platform or to manipulate your presence on the Transpay Solutions Private Limited Platform; 18. Sell the
Transpay Solutions Private Limited
Services, information, or software associated with or derived from it; 19. Use the facilities and
capabilities of the Transpay Solutions Private Limited 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 Transpay Solutions Private Limited Platform to collect or
obtain
personal information, including without limitation, financial information, about other users of the
Transpay Solutions Private Limited Platform, except and only as expressly provided in the T&Cs; 23. Avail Transpay Solutions Private Limited Services with
what Transpay Solutions Private Limited reasonably believes to be potentially fraudulent funds; 24. Use the Transpay Solutions Private Limited Services in
a
manner that results in or may result in complaints, disputes, reversals, charge-backs, fees, fines,
penalties and other liability to Transpay Solutions Private Limited, a third party or you; 25. Use the Transpay Solutions Private Limited Services in a
manner
that Transpay Solutions Private Limited 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 Transpay Solutions Private Limited to lose any
of the Transpay Solutions Private Limited 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 Transpay Solutions Private Limited Platform without express permission in advance
from Transpay Solutions Private Limited.
You agree that Transpay Solutions Private Limited, 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 Transpay Solutions Private Limited Services/Transpay Solutions Private Limited Platform and remove and discard on the Transpay Solutions Private Limited Platform all or any part of your account, your user profile, or your recipient profile, including your SSOID, at any time. Transpay Solutions Private Limited may also in its sole discretion and at any time discontinue providing access to the Transpay Solutions Private Limited Services, or any part thereof, with or without notice. You agree that any termination of your access to the Transpay Solutions Private Limited Services/Transpay Solutions Private Limited Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Transpay Solutions Private Limited 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 Transpay Solutions Private Limited may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Transpay Solutions Private Limited Services/Transpay Solutions Private Limited Platform.
In no event, Transpay Solutions Private Limited 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 Transpay Solutions Private Limited Services, the Transpay Solutions Private Limited Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Transpay Solutions Private Limited Services, the Transpay Solutions Private Limited Platform (including any and all materials) or any reference sites/app/platform/service, even if Transpay Solutions Private Limited or a Transpay Solutions Private Limited authorized representative has been advised of the possibility of such damages. In no event, Transpay Solutions Private Limited 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 Transpay Solutions Private Limited Services, the Transpay Solutions Private Limited Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Transpay Solutions Private Limited services, the Transpay Solutions Private Limited Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Transpay Solutions Private Limited, 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 Transpay Solutions Private Limited Service or the Transpay Solutions Private Limited Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that Transpay Solutions Private Limited 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 Transpay Solutions Private Limited, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Transpay Solutions Private Limited. Transpay Solutions Private Limited 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, Transpay Solutions Private Limited’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
You agree to indemnify, save, and hold Transpay Solutions Private Limited, 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 Transpay Solutions Private Limited Services or of the Transpay Solutions Private Limited 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. Transpay Solutions Private Limited reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Transpay Solutions Private Limited, including rights to settle, and you agree to cooperate with Transpay Solutions Private Limited’s defense and settlement of these claims. Transpay Solutions Private Limited 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.
The Transpay Solutions Private Limited Services and the Transpay Solutions Private Limited Platform are owned and operated by Transpay Solutions Private Limited 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 Transpay Solutions Private Limited Services and the Transpay Solutions Private Limited Platform provided by Transpay Solutions Private Limited (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 Transpay Solutions Private Limited, all Materials, trademarks, service marks, and trade names contained on the Transpay Solutions Private Limited Platform are the property of Transpay Solutions Private Limited and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Transpay Solutions Private Limited 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 Transpay Solutions Private Limited Services/Transpay Solutions Private Limited Platform. Except as expressly authorized by Transpay Solutions Private Limited, 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. Transpay Solutions Private Limited reserves all rights not expressly granted in this Agreement. If you have comments regarding the Transpay Solutions Private Limited Services and/or the Transpay Solutions Private Limited Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Transpay Solutions Private Limited, and shall assign to Transpay Solutions Private Limited, 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.
Transpay Solutions Private Limited 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 Transpay Solutions Private Limited 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 Transpay Solutions Private Limited Platform, availing the Transpay Solutions Private Limited 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 Transpay Solutions Private Limited Services/Transpay Solutions Private Limited Platform. For certain changes, Transpay Solutions Private Limited may be required under applicable law to give you advance notice, and Transpay Solutions Private Limited will comply with such requirements. Your continued use of the Transpay Solutions Private Limited Platform following the posting of changes will mean that you accept and agree to the changes.
Transpay Solutions Private Limited may provide you with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Transpay Solutions Private Limited Platform or by any other reasonable means.
The failure of Transpay Solutions Private Limited 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 Transpay Solutions Private Limited.
If any dispute, controversy or claim arises under this Agreement or in relation to any Transpay Solutions Private Limited Service or the Transpay Solutions Private Limited 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, Transpay Solutions Private Limited 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 Noida and the language of this arbitration shall be English. Either you or Transpay Solutions Private Limited may seek any interim or preliminary relief from a court of competent jurisdiction in Thane INDIA necessary to protect the rights or the property belonging to you or Transpay Solutions Private Limited (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Transpay Solutions Private Limited 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 Transpay Solutions Private Limited. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Transpay Solutions Private Limited must be resolved by a court having jurisdiction in Thane INDIA. You agree to submit to the personal jurisdiction of the courts located within Thane 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.
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.