Terms and Conditions

These Terms and Conditions govern the use of the services that are made available by WEBSOFTEXPAY. These Terms and Conditions represent the whole agreement and understanding between WEBSOFTEXPAY and the individual or entity who takes our services.

Terms of Use andamp;Service needs to be read, understood andamp; agreed by a user before initiating any kind of transaction with us.

This web site, www.WEBSOFTEXPAY.com is published and maintained by Websoftex Software Solutions Pvt. Ltd. (BSPL). When the user accesses, browses or uses this website, User accepts, without limitation or qualification, the terms and conditions set forth herein below. When the User accesses any other website through this website, then such other website may have its own terms and conditions of use which is specific to such other website. These Terms of use and any additional terms posted on this website together constitute the entire agreement between WEBSOFTEXPAY and the User with respect to use of this website. In the case of any violation of these terms and conditions, WEBSOFTEXPAY reserves its rights to seek all remedies available in law and in equity for such violations.

Site and its Contents:

All materials provided on this website are only for the specific purpose only. User shall not distribute exchange, modify, sell or transmit anything that User copy from this website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. As long as the User is complying with the terms of these terms and conditions stated on this website, WEBSOFTEXPAY grants to User a nonandndash;exclusive, nonandndash;transferable, limited right to enter, view and use this website. The User agrees not to interrupt or attempt to interrupt the operation of this website in any way. Access to certain areas of the website may only be available to registered members. All materials including various softwares are property of WEBSOFTEXPAY and protected by applicable copyright and other intellectual property laws.

Ownership:

All materials on this website, including but not limited to audio, images, software, text, icons and such like (the andldquo;Contentandrdquo;), are protected by applicable copyright and other copyright laws. User cannot use the Content, except as specified herein. The User agrees to follow all instructions on this website limiting the way the User may use the Content. There are number of proprietary logos, service marks and trademarks displayed on this website whether owned/used by WEBSOFTEXPAY or otherwise. By displaying them on this website, WEBSOFTEXPAY is not granting to User any license to utilize those proprietary logos, service marks, or trademarks, in any manner whatsoever. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Devices:

The User agrees that User will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. User agrees that User will not use any device, software or routine to interfere or attempt to interfere with the proper working of this website. User agrees that User will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Transmitted Material:

Internet transmissions are never completely private or secure. User understands that any message or information that User sends to this website may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card, Debit card information) is encrypted (send in code). Sending a message to this website does not cause website to have any special responsibility to User. The copyright in the contents of this website belong to WEBSOFTEXPAY, accordingly WEBSOFTEXPAY reserves all the rights. Copying of part or all the contents of this website without permission of WEBSOFTEXPAY is prohibited except to the extent that such copying/printing is necessary for the purpose of availing the service opted by the user for his/her convenience.

Modifications:

WEBSOFTEXPAY may add to, change or remove any part of these terms and conditions at any time, without notice. Any changes to these terms and conditions or any terms posted on this website will become applicable as soon as they are posted. By continuing to use this website after any changes, the User is indicating the acceptance of those changes. WEBSOFTEXPAY may add, change, discontinue, remove or suspend any other Content posted on this website, including features and specifications, process flow depicted on the website, temporarily or permanently, at any time, without notice and without any liability. WEBSOFTEXPAY reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of WEBSOFTEXPAY systems remain, wellandndash;protected. Towards this end, WEBSOFTEXPAY may take various steps to verify and confirm the authenticity, enforce-ability and validity of the transactions committed by the User.

WEBSOFTEXPAY Recharges:

WEBSOFTEXPAY is providing recharge services of various prepaid and postpaid mobile phones, DTH just as a reseller only. WEBSOFTEXPAY is not a telecommunication company/service provider or DTH service provider and is only a reseller of prepaid, postpaid mobile and DTH services provided by telecommunications and DTH service providers or other distributors or aggregators of such service providers. WEBSOFTEXPAY does not provide any warranty or guarantee for the services provided by the service provider(s). Recharge sold by us to User is sold without recourse against us for any breach of contract by the telecommunications service provider. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between User (or the recipient of the Recharge) and the telecommunications service provider.

Bus/ Air/Rail Tickets:

1. WEBSOFTEXPAY is only providing a platform for getting Bus/Air/Rail tickets. WEBSOFTEXPAY does not operate transportation services of its own. It is the sole discretion of the User to select any operator or mode as per Userandrsquo;s convenience.
2. WEBSOFTEXPAY is merely responsible for providing this platform for issuing tickets, cancellation, support for refund against cancellation and other available information. Besides these responsibilities WEBSOFTEXPAY shall not be responsible for any issue arising out of Userandrsquo;s travel including but limited to time schedule, services offered, luggage safety etc.
3. Any cancellation or refund shall be carried out as per the terms and policy of the service provider.
4. Users/Passengers are required to abide by all the terms and conditions for availing the services including carrying the valid ticket, identity proof, not carrying any combustible or dangerous article, weapon etc.
5. Any facility, service, amenity shown as a part of the deal or transaction will be provided by the service provider only, WEBSOFTEXPAY shall not be responsible for any such offer or deal. User shall be free to inquire about the offer and take the decision.
6. Bill payment/Insurance premium payment etc for availing or using the said service of payment of any bill, premium etc. User undertakes to provide complete, correct and all the requisite information for making the payment. Failure to provide complete or correct information will entitle WEBSOFTEXPAY to reject the transaction, suspend or terminate Userandrsquo;s account for any future operation. WEBSOFTEXPAY shall not be responsible for any liability arising due to any of the below stated reason which is not an exhaustive list:
   • Insufficiency of funds in User's account.
   • Information provided by the User is incomplete, incorrect.
   • Any discrepancy or rejection by the service provider (to whom the payment is to be made for services).
   • Any reason not attributable or beyond the control of WEBSOFTEXPAY.
   • Rejection by the bank or financial institution for any reason as per their procedure/process. WEBSOFTEXPAY shall intimate to the User about the failed payment.

Domestic Money Remittance:

• WEBSOFTEXPAY shall not be responsible in any manner whatsoever for any delay in domestic money remittance services due to reasons attributable to the Bank/ NPCI/ RBI or any statutory/governmental authority.
• User hereby agrees to be bound by all the terms and conditions as applicable on WEBSOFTEXPAY, in its Agreement with the Bank for domestic money remittance services.
• WEBSOFTEXPAY trusts that the KYC provided by the User to WEBSOFTEXPAY are duly self attested, true and authentic.
• User shall ensure that the amount, with which User uploads his wallet with WEBSOFTEXPAY, is not obtained from proceeds of any crime.

User's Obligations:

1. General Obligations: The User shall access the site only for lawful and specific purpose(s) for which he/she has opted for and User shall be responsible for complying with all applicable laws, statutes and regulations in connection with the use of this web site. The User shall not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this Website. User shall not create a hypertext link to the Website or andquot;frameandquot; the Website.
2. Information Provided: The information provided by the User in the Registration page must be complete and accurate. WEBSOFTEXPAY reserves the right at all times to disclose any information as WEBSOFTEXPAY deems fit andamp; necessary to comply with any applicable law, regulation, legal process, or Central / State Governmental request.
3. Use of the Services: User may only use this service to make legitimate transaction / payments. Without limitation, any speculative, false or fraudulent transaction is prohibited. The services provided by the website are opted by the User for his/her convenience.
4. User Responsibility: The User confirms to us that User is 18 years of age or above and has the legal capacity to enter into this Agreement with us and that all information provided by the User in respect of use of the service is true and accurate to the best of Userandrsquo;s knowledge and belief. User is responsible for the security of the password and for all transactions undertaken using his/her password through our service. The User confirms that User is the authorized holder of the original account used in the transactions and User alone uses the andquot;idandquot; and andquot;passwordandquot; created by the User for the website. WEBSOFTEXPAY or any of its representative, agent, consultant, sub-contractor etc. will not be responsible for any financial loss, inconvenience or mental agony resulting from use or misuse of User ID/password/credit card details/Debit card details/bank account details for making transactions on / from this website.
5. Avoid double booking: If User tried to make an online transaction and due to some technical error, User did not get any payment confirmation, please check the respective account details from transacting bank or speak to customer care, before attempting another transaction. WEBSOFTEXPAY or any of its representative, agent, consultant, sub-contractor etc. will not be responsible for any such transaction losses.
6. Disclaimer: The material displayed on this website could include technical inaccuracies or typographical errors. WEBSOFTEXPAY or any of its representative, consultant, sub-contractor etc may make changes or improvements at any time to rectify or make improvements in the contents of the website.
7. WEBSOFTEXPAY does not warrant that the functions contained in this website will be uninterrupted or error free. Error or defects may arise during the normal usage of the website, that errors/defects will be corrected and make it free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction.
8. WEBSOFTEXPAY does not warrant or make any representations regarding the use of or the result of the use of the material on this website in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from us.
9. User acknowledges that access to this website is provided only on the basis set out in these terms and conditions. Userandrsquo;s uninterrupted access or use of this website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. WEBSOFTEXPAY does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the website.

Force majeure

WEBSOFTEXPAY shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions or are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government/any governmental or statutory authority including NPCI/RBI, acts of terrorism or other similar causes.

Safety of data downloaded

The User understands and agrees that availing any of the services through this website or any material and/or data downloaded or otherwise obtained through the use of WEBSOFTEXPAY services is done entirely at his/her own discretion and risk and User will be solely responsible for any damage to his/her computer systems or loss of data that results from the downloading of any material and/or data or availing any of the WEBSOFTEXPAY services available on this website. Nevertheless, WEBSOFTEXPAY will always make its best endeavors to ensure that the content on this website or other information channels are free of any virus or such other malwares, malfunctions etc.

Relationship

None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of this website, shall be deemed to constitute a partnership between the User and WEBSOFTEXPAY and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

Jurisdiction

WEBSOFTEXPAY hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. WEBSOFTEXPAY considers itself and intends to be subject to the jurisdiction only of the courts of Delhi.

Limitation of Liability

Notwithstanding anything to the contrary contained herein, neither BSPL (WEBSOFTEXPAY Services private limited), nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to users or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the site or the offerings, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to the value of the transaction or Rs 500/- (rupees five hundred only) whichever is lesser.

Indemnification

User shall defend, indemnify, and hold harmless WEBSOFTEXPAY and its affiliates, officers, agents, representatives and employees from and against all claims, lawsuits, actions, demands, liabilities, expenses (including fees and disbursements of counsel), judgments, settlements, and penalties of every kind arising from or in any way relating to:

1. User's breach/violation of any terms or conditions mentioned on this website.
2. User's violation or alleged violation of any applicable law in relation to use of this website.
3. Any act of fraud, negligence, misrepresentation by User.
4. Penalty, fine or any charges imposed by any regulatory/statutory/governmental authority/Bank on WEBSOFTEXPAY with respect to any acts of commission or omission by the User.
5. User's performance/non-performance of his obligations under these terms and conditions.

Dispute Resolution

User agrees that any dispute arising out of, use of this website or availing WEBSOFTEXPAY services, shall be first resolved by amicable means and failure to resolve the same within 30 days shall entitle WEBSOFTEXPAY to refer the matter to arbitration conducted by sole arbitrator appointed by WEBSOFTEXPAY. The proceedings shall be conducted as per Arbitration and Conciliation Act 1996 or any of its successive statue/amendments. The seat of arbitration shall be at Noida and proceeding shall be conducted in English language. The award passed by the arbitrator shall be final and binding on the User.

Termination

User agrees that WEBSOFTEXPAY shall have all the rights to suspend or terminate Userandrsquo;s account wholly or partly or usage of services and/or Userandrsquo;s profile at any time. WEBSOFTEXPAY may also in its sole discretion and at any time discontinue providing access to WEBSOFTEXPAY services, or any part thereof, with or without notice.

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