THIS AGREEMENT IS AN ELECTRONIC RECORD IN THE TERMS OF INFORMATION TECHNOLOGY ACT, 2000, AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011. THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN MOBILEWARE TECHNOLOGIES PRIVATE LIMITED AND YOU. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN MOBILEWARE TECHNOLOGIES PRIVATE LIMITED AND YOU FOR SERVICES THROUGH THE PLATFORM https://mobilewaretech.com/. IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENT/RECORDS, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL UNLESS AND UNTIL FURTHER CHANGE/MODIFICATIONS ARE NOTIFIED BY MOBILEWARE TECHNOLOGIES PRIVATE LIMITED.
Welcome to https://mobilewaretech.com/ (“Platform”) that is absolutely owned and operated by “Mobileware Technologies Private Limited” which provides effective tech solutions for banking, NBFCs, financial and insurance services through TransXT, AePS, IMPS, BBPS, UPI, Micro ATM or any other allied Services offered from time to time to their users (hereinafter referred to as “Mobileware” which expression shall unless repugnant to the context thereof, include its successors and assigns) a Private Limited Company registered under The Companies Act, 1956.
- “Mobileware/Platform”, “We”, “Us”, and “Our” shall mean Mobileware Technologies Private Limited, n Indian Company, registered under the Companies Act, 1956, having its registered office at 4, Zapoorza, Sahitya Sahawas, Bandra (East), Mumbai MH 400051.
- “Platform” shall mean the website of Mobileware https://mobilewaretech.com/ which is owned, operated, and managed by Us.
- “Services” shall mean various services pertaining to tech solutions for banking, NBFCs, financial services, and insurance services through TransXT, AePS, UPI, Micro ATM,or any other allied Services offered from time to time.
- “Users” or “You” or “Your” or “Yourself” shall mean Users who visit and access the Platform.
- SERVICE DESCRIPTION:
Through this Platform, we provide information regarding our Services which are offered by us from time to time.
- USE OF PLATFORM:
- Contents and information about the Platform will be available in the English language.
- You can navigate and browse through the Platform and be aware of the following:
- it is Your responsibility to read and understand all information about this Platform.
- If You want to contact us, You can insert all information which is required by the Platform and contact us through Our official email address firstname.lastname@example.org or You can connect with us by clicking on the “Contact Us” tab available on the Platform, by filling in required information thereunder or You can connect to us by calling us through the phone number provided in the “Contact Us” tab on the Platform.
- The platform may connect to You whether directly or through third-party call centers, by any medium of communication of their choice including but not limited to Email, Mobile, WhatsApp, Teleconference, Videoconference, etc.
- If You wish to connect to us by filling in the required information in the “Contact Us” tab available on the Platform, You are required to provide Your personal details including but not limited to full name, designation, company name, email ID, phone number, Your project details, etc.
- LINKS TO THIRD-PARTY SITES:
This Platform may contain links to other platforms owned and operated by third parties who are not related to the Platform (“Linked Platforms”). The Linked Platforms are not under the control of Platform and Platform is not responsible for the content of any Linked Platforms or any hyperlink contained in a Linked Platform and makes no representation or warranty with respect to the content of any such third-party sites.
The platform provides these links to You for convenience only and the inclusion of any link does not imply any endorsement of the Linked Platform by Platform. Your link to any such Linked Platform is entirely at Your own risk. The platform is not a party to any transaction between You and a Linked Platform. Your use of a Linked Platform is subject to the terms and conditions of that site.
The Platform may also contain third-party advertisements if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products, or services unless specifically mentioned by Mobileware. You are referred to the relevant advertiser for all information regarding the advertisement and its products or services. The platform accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
- ANCILLARY SERVICES:
You may get access to message boards, live chat rooms, emails, and other features (“Ancillary Services”) that are offered from time to time on the Platform and may be operated by us or by a third party on our behalf. You shall not use these Ancillary Services to perform any illegal activities (including without limitation legal rights, such as the right of privacy of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity. The Platform reserve the right to remove any live chats, comments, or information provided by You if the Platform considers this inappropriate.
- CUSTOMER SUPPORT:
- CHANGE IN TERMS:
- CONTENT AVAILABLE:
We follow ethical business practices and intend to provide content, which is authorized, relevant and applicable and does not infringe on any third party’s rights. You acknowledge that Platform does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts, and figures, computer software, code, audio files or photographs, or other images that are shared by Users or any other content provider (collectively, the “Content”) which You may have access to as part of the Platform, or through Your use of this Platform. Under no circumstances, Platform is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Platform. You understand that by using this Platform, You may be exposed to Content that You may consider inappropriate, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs, or due to any other reason. In case You notice any violation of Your intellectual property rights, You shall register Your complaint through email to the Platform at email@example.com. After registering the complaint, the Platform will take appropriate legal actions against such incidence including the removal of such Content.
- CONTENT SUPPLIED BY YOU:
You represent, warrant, and agree that no Content, comment, or Details shared by You with Platform (“Your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
You grant us a personal, limited, revocable, non-transferable, and non-exclusive right to use the content and details including but not limited to Trademarks, Service Marks, logos, feedback, testimonials, etc. submitted by You for providing the listing, You also grant us the right (i) to display Your content and details on the Platform (ii) promote or distribute it for the access of other users.
You agree that You are solely responsible for Your Content made available by You through the Platform including but not limited to any liabilities arising out of any third-party infringement claims.
We reserve the right to screen, refuse to post, remove or edit Your content, or comment at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting such content in a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain the necessary permission to post the material.
- PROHIBITED CONDUCT:
You agree not to engage in any of the following activities:
Violating laws and rights: You shall not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Solicitation: You shall not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
Disruption : You shall not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming others: You shall not share or transmit content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not intimidate or harass another through the Platform.
Impersonation or unauthorized access: You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Platform. You shall not use or attempt to use another person’s personal information; and, You shall not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining, or any other means.
Wrongful Information: You shall not provide any wrongful, false information on the Platform that is misleading in any manner whatsoever.
- LOGOS, CONCEPTS, AND IDEAS:
We exclusively develop Our logos, concepts, and ideas for use in advertising, promotion, public relations, and whatever else is appropriate to promote the Services of Our guests. You are not supposed to misuse, or steal any of Our creations, or logos, and also not use any of Our creations appearing on the Platform for any purposes, otherwise, the act may attract penal action.
We may occasionally for brief periods suspend the operations of the Platform for maintenance, updating purposes, or support work as we may deem appropriate. We are not liable for any inconvenience, loss, or damages that may be caused to You during such periods of suspension. We shall not be responsible for any:
- errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Platform;
- any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;
- any interruption or cessation of transmission to or from the Platform;
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or;
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Platform. The platform does not warrant, endorse, guarantee, or assume responsibility for any Products/Services advertised or offered through the Platform or any hyperlinked platform or featured in any banner or other advertising.
- LIMITATION OF LIABILITY:
The platform will not be liable for any damages, direct or indirect, incidental or consequential, and all liabilities (including for negligence, loss or damage such as loss of revenue, unavailability of system or loss of data and loss of Your personal information) and for use of or inability to use Services of any kind that is offered or to provide indemnity or any other remedy to You or any third party. We make reasonable efforts to ensure that the Platform is free from defects or viruses. It is Your responsibility to ensure that You use the correct devices for accessing and using the Platform and to protect yourself from anything that may damage it.
- OWNERSHIP OF INTELLECTUAL PROPERTY:
The Platform and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform are owned by the firm and its affiliates, subsidiaries, licensors, and Users as the case may be. The Platform respects the copyright, and we prohibit Users from using the Content for professional gain, commercial purposes, or using such content on social media without prior written permission of Mobileware.
If You believe that the Platform contains elements that infringe on Your intellectual property rights in Your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content that is indicated as infringing and/or take any other appropriate action at our discretion. If You believe that material or Services infringes a copyright, You may notify us at firstname.lastname@example.org with the details.
Platform Content is protected by copyright under copyright laws. You cannot use the Platform Content, except as specified herein. Users are not allowed to use the Platform Content for any purpose other than specifically permitted herein. In case of violation of copyright laws, You shall be liable under Section 51 of the Copyright Act, 1957, or any other such regulations from time to time.
By displaying our logo, service marks, and trademarks on the Platform, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Platform Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Survival: The disclaimer of warranties, the limitation of liability, indemnity, and the jurisdiction and applicable law provisions shall survive any termination.
- MISCELLANEOUS TERMS:
Force Majeure : Without limiting the foregoing, under no circumstances shall the Platform be held liable for any damage or loss due to deficiency in the performance of Services or delay in delivery of Product resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, pandemic, epidemic, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond the reasonable control of the Platform.