1. It is made clear and emphasized that PayBox is not a party to any transactions with Retailers, and is not the seller or supplier of any of the goods or services that they make available. Thus we do not have/shall not be liable to bear any of the legal obligations that apply to the sellers of those goods or services.
2. Accordingly, we have no control over or responsibility for:
a) the quality, safety, or legality of those goods or services available from Retailers;
b) whether the Retailer can or will supply and pass good title to any goods or services.
3. Account Holders should exercise no lesser degree of caution in entering into transactions with Retailers than they would when entering into a similar transaction offline.
4. To the extent that the law permits, you release us, our agents and employees from all liability arising out of or in connection with any transactions with Retailers, including (without limitation) all claims and demands relating to uncompleted or completed transactions with Retailers, or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with Retailers.
5. Misuse: We reserve the right to suspend or terminate any Account Holders access to the PayBox Service, or parts of it, if in our reasonable view the relevant Account Holder or Account appears to be in breach of any provision of this Agreement.
6. A Member's Account must be used only for purchases on his/her own behalf, and not on the behalf of, or for the benefit of, any other person(s); An Account Holder's Account must be used only for purchases on his/her own behalf, and not on the behalf of, or for the benefit of, any other person(s).
7. Account Holders must not enter into, or attempt to enter into, any transaction with a Retailer (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting a Retailers offering, or (c) in breach of any terms and conditions applied by PayBox or the Retailer to that transaction.
8. It is each Account Holders obligation to ensure that any material posted by him/her or associated with his/her Account:
a) is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;
b) is not intended or likely to cause needless annoyance, inconvenience or distress to any person;
c) does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
d) does not contravene any applicable law or regulation (including, but not limited to, laws governing consumer protection, distance selling, unfair competition, anti-discrimination, false advertising, copyright, trademark and privacy);
e) does not breach the rights of any person or entity (including any rights or expectations of privacy);
f) where it constitutes feedback on a Retailer, is accurate and fair; and
g) does not advertise any goods or services.
9. If you see or experience anything on the PayBox Service that appears to infringe any of the above requirements, we would like you to inform us by emailing to us at email@example.com.
10. Each Account Holder acknowledges that we are entitled, but not obliged, to withdraw any material, which appears - based on information received from third parties or other Account Holders - to be in breach of this Agreement.
11. Contact from third parties: If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree: a. to provide all reasonable information and assistance we may require in connection with responding to that contact; and b. to respond promptly and accurately to it, should we pass the message to you for a response.
12. Additional services: We or our partners may offer new or additional services through the PayBox Service from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the PayBox Service in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.
13. Operation of the PayBox Services: We reserve the right to withdraw, modify or suspend aspects of the PayBox Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will endeavor to give you 30 days advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which would otherwise adversely affect the PayBox Service. There may also be times when the PayBox Service becomes inaccessible as a result of technical difficulties experienced by PayBox or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the PayBox Service or any of the content that appears on it. Nevertheless, we will strive to ensure that any periods of planned unavailability, which you will be informed of when you access the PayBox Service at the relevant time, are kept to a minimum.
14. Password: For security or other reasons, we may require you to change password or other information which facilitates access to the PayBox Service; however, we will never ask you for your password via email, telephone, or any other means other than through the Pay-box.in website. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
a) We warrant that the PayBox Service will be provided with reasonable care and skill with the intention of meeting our specifications for the PayBox Service, but we cannot and do not guarantee that the PayBox Service will meet your requirements.
b) PayBox shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
c) Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.
d) We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
• For any loss of revenue, business, anticipated savings or profits, or
• For any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the PayBox Service or other non-performance of this Agreement or otherwise.
• Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
• For the avoidance of doubt, PayBox will not have liability to you or any other person in respect of material contributed by Account Holders, transactions (or non-transactions) with Retailers, or any activity or communication relating to such material or transactions.
• The provisions of this Clause 12 shall survive the termination or expiry of this Agreement.
16. Indemnity: You agree to indemnify PayBox against all liabilities, claims and expenses that may arise out of or in connection with (a) any breach of this Agreement by you or through your Account, or (b) any transaction with a Retailer.
17. Non-transferable: Your right to use the Site and the Service is not transferable. Any password or right given to you to obtain information or a Product from the Site or the Service is not transferable.
18. Assignment: We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without the written consent of PayBox assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.
19. Entire Agreement: This Agreement is intended to contain your entire agreement with us relating to the PayBox Service; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the PayBox Service, except for any fraud or fraudulent representation by either of us.
20. Changes to this Agreement: We reserve the right to change this Agreement from time to time, and post the new version on the PayBox Service. When we do so, we will post the new version of the Agreement on the PayBox Service, and the new version of these terms and conditions will take effect, and will govern the PayBox Service and your relationship with us:
a) commencing no less than thirty days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the PayBox Service; or
b) immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this Agreement.
21. General: In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. You and PayBox are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
22. Governing Law:
a)This Agreement, and our relationship with you and each Account Holder, is governed by the Indian laws.
b)You and we each submit to the exclusive jurisdiction of the Indian courts at Mumbai in relation to disputes arising in connection with this Agreement.
23. Keeping this Agreement: We don't separately file the individual Agreements entered into by Account Holders when they register for the PayBox Service. You can access it at www.Pay-box.in. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.
24. Contact: Please note that all communications (including formal notices) under this Agreement are to be sent and received by email. For this purpose, your notices should be sent via email to firstname.lastname@example.org, and we will send our notices to you at the email address you notify to use when you register as an Account Holder, as changed subsequently in your Account details.
25. Links to Other Websites: The Site and Service may now, or hereafter from time to time, contain links to third-party websites. We do not control, investigate, monitor or check such websites and we are not responsible for the content in or opinions expressed at such websites, and we do not investigate, monitor or check the same. The inclusion of a link on the Site does not imply approval or endorsement of the linked website by us. If you decide to leave the Site or Service and access any third-party websites, you do so at your own risk.
26. Intellectual Property: By uploading or including any material on the PayBox Service, an Account Holder expressly grants:
a)to us a non-exclusive license (including the right to grant sub-licenses) to use, reproduce and distribute that material through the PayBox Service and any other interactive services through which we or our sub-licensee make the PayBox Service (or a service based on the PayBox Service) available; and
b)to other Account Holders (through us, under the license referred to in a. above), the non-exclusive, personal, non-transferable right to view the relevant material. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the PayBox Service (including the material which is contributed by Account Holders or Retailers) are owned by, or licensed to, us. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the PayBox Service, or any of the material which is found on the PayBox Service unless properly licensed to do so by us.