The applicable rate of the Subscription Fees for all of the Services provided herein shall be such as mentioned on the site and/or as discussed with the concerned Subscribed Entity from time to time. Subscribed Entity's Liability for the Subscription Fees, if any, shall accrue from the Date of Commencement.
2. Processing of transactions
All transactions/changes, as applied to/requested, by the Subscribed Entity shall be processed as per the applicable rules, laws and regulations and business practices.
3. Use of Password,
All the subscribed entities will be provided with the unique identified Registration ID and password. It is the duty of the authorized Subscribed Entity to unsure that such password is kept in a secure manner. To protect the secrecy of his/her Subscribed Entity identification and/or password the Subscribed Entity shall take all such measures as may be necessary and shall not reveal the same to any other person(s).
Since a subscribed Entity identification is necessary to access the services available through the site; the Subscribed Entity shall use only his/her own Subscribed Entity identification ID while availing such services. In the event of theft and/or loss of Subscribed Entity identification ID and/or password and/or security word, the Subscribed Entity shall notify to ACL immediately by telephone and/or concurrently provide ACL with a written notice to that effect. The Subscribed Entity shall remain liable for use/misuse of the services by any third party until such theft or loss is notified to ACL.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized Subscribed Entity only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
4. Electronic Communication
When you use the Site or send emails to ACL, you are communicating with ACL electronically. You consent to receive communications from ACL electronically. ACL may communicate with you by email or by posting notices on the Site or by phone or usually available means of communication. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Unauthorized Access
As a condition for your use of this site, you will not use the site for any other purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the site in any manner that could damage, disable, overburden, or impair the network(s) connected to this site or interfere with any other party's use and enjoyment of this site. You may not attempt to gain unauthorized access to this site, other accounts, computer systems or networks connected to the site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the site.
6. Customer Due Diligence requirements (CDD)
You agree and acknowledge that for undertaking any financial transaction through the website, Our Company may undertake client/customer due diligence measures and seek mandatory information required for KYC purpose which as a customer you are obliged to provide, while facilitating your request with the authorities, in accordance with applicable laws and rules.
7. Discontinuation/Terministation or Modification to Services
ACL reserves the unilateral right to change and/or delete and/or end the service(s) available through the site at any time beyond the timeframe of 180 days from last transection with or without notice to the inactive subscribed entity.
8. Suspension of Service
If any monies payable by the Subscribed Entity to ACL are not paid on the due date or if on ACL's sole discretion any of the Subscribed Entity of this site is found to be using this site for illegal purposes or is observed having violated any of the terms and conditions as are applicable for usage of this site, ACL may without prejudice to any other rights or remedies that may be available to it suspend the service(s) provided to such Subscribed Entity. Upon subsequent payment by the Subscribed Entity of such monies as demanded by ACL, ACL may at its discretion and subject to such terms as it deems proper, reconnect the service(s).
Subscribed Entity shall keep confidential and not disclose to any third party the Confidential Information nor any part of it, unless upon prior permission in writing from ACL. The Receiving Party/Subscribed Entity agrees to take all possible precautions with regard to protecting the confidential information from any third party.
Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by the Subscribed Entity without the prior written permission of ACL, except where ever required to be disclosed pursuant to any applicable laws or legal process issued by any court of competent jurisdiction or the rules of any competent regulatory body.
10. Correctness of Software Processing
ACL takes great care in ensuring the correctness of your Data submitted and its processing. There are strong test suites and professionals (internal and third party) who work hard on ensuring the correctness of software solution/application provided by ACL.
However, ACL provides no guarantee or warranty on the correctness of your entered data. You are required to review your entered data for ensuring correctness. You will not hold ACL responsible for any issue that arises from incorrect Data Entry/Processing.
11. EXCLUSION OF WARRANTIES
- Nothing in these terms, shall exclude or limit ACL’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
- You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”
- In particular, ACL, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
- Your use of the services will meet your requirements,
- Your use of the services will be uninterrupted, timely, secure or free from error
- Any information obtained by you as a result of your use of the services will be accurate or reliable, and
- That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
12. Limitation of liability
Subject to overall provision in paragraph above, you expressly understand and agree that ACL, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
a. Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
b. Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsorer whose advertising appears on the services;
- Any changes which ACL may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
- Your failure to provide ACL with accurate account information;
- Your failure to keep your password or account details secure and confidential;
The limitations of liability provided in these terms inure to the benefit of ACL, Its affiliates, and/or their respective service providers.
13. Local Laws
Any dispute, whatsoever, arising out of this arrangement shall be governed by the Laws of India. The Courts of law at New Delhi, National Capital Territory of India, shall have exclusive jurisdiction over any disputes arising under this arrangement.
14. Modification and Notification of Changes
15. Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This T&C and the relationship between you and ACL will be governed by the laws of the India without regard to its conflict of law provisions. You and ACL agree to submit to the personal jurisdiction of the courts located in New Delhi, National Capital Territory of India jurisdiction with respect to any legal proceedings that may arise in connection with this T&C. The failure of ACL to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. ACL does not guarantee it will take action against all breaches of this T&C. Except as otherwise expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and ACL and governs your use of the Site, superseding any prior agreements between you and ACL with respect to the Site.