Last Updated: 10thApril 2016
This document is an electronic record in terms of the Indian Contract Act, 1872, Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.bunker.co.in andBunker Agent Application(hereinafter referred to as “Application” or “App???) is owned and operated by Bunker Technologies Private Limited, a company incorporated under the Companies Act, 2013 with its registered office atFlat No. B-1602, Shelter Park, Plot No.207/208/209, Sector-10, Kharghar – 410210, Maharashtra, India…
“Agent Panel??? shall mean the web panel provided to the Agent for editing or viewing or updating the Customer Data.
“AMFI??? shall mean Association of Mutual Funds in India.
“ARN??? shall mean AMFI Registration Number (ARN).
“Apps” or “Application??? or “Bunker Agent Application??? shall mean and includethe Application or the Agent Panel accessed by user and related websites and Bunker’s mobile applications, including and any other Apps we release.
“Bunker???, “Company,” “we,” “us,” or “our” means Bunker Technologies Private Limited and any other companies that are subsidiaries and affiliates of Bunker.
“Bunker User Application??? shall mean the mobile application used by the Customer and/or their representatives and connected to the Bunker Agent Application through technology integration.
“Bunker Credit/s??? shall meant the credit provided to the Agent post payment of the Subscription Fees towards the selected subscription plan.
“Customer??? or “Registered Customer??? shall mean a consumer of the Services or his/her representatives or affiliates, registered on the Website, whether through self-registration or through you or registered customers searching for Agents through the Websiteand/or the customers who are connected to you via Bunker User Application.
“Content” means text, graphics, software, scripts, images and any other material entered, processed, contained on or accessed through the Apps, including Content created, modified, validated or submitted by Customers.
“Confidential Information??? shall mean any information provided to you or accessed by you through the Application shall be considered as confidential.
“Customer Data??? shall mean and include the Customer’s documents (including but not limited to, financial documents, policy documents, bank receipts, etc.) and any such information provided by Customer in the Website. The information provided as Customer Data is owned by the Customer and is portable in giving the Customerright and license to the share it with other Agents.
“IRDA??? shall mean Insurance Regulatory and Development Authority of India.
“Insurance Agent??? shall mean that the user is duly licensed by IRDA to sell insurance policies.
“Mutual Fund Agent??? shall mean AMFI Registered Mutual Fund Advisors (ARMFA), having a valid AMFI Registration Number (ARN).
“Service(s)”means services provided by the Company upon receiving the Subscription Fees from the Agent, through the Apps or Website, including but not limited to Customer locating you through the Website and vice-versa, listing of your profile and contact details to be made available to the Customers and visitors to the Website. The Services may change from time to time, at the sole discretion of Bunker.
“Subscription Fees???or “Subscription Packs???shall mean the subscription charges to be paid by the Agent for procuring the Services of the Company.
“Website??? shall mean and include the world wide web (browser based), as well as the software and mobile Application(s) accessed through or downloaded from the App store i.e. Android or IOS might be used or accessed at any other platform where the Website can be accessed from on mobile phones, tablets and any such other devices, like, mobile application (whether or not on android or IOS) or any other platform as provided the Company.
“You/you??? or “Your/your??? or “User/user??? or “Agent(s)??? shall mean any person or user or viewer or Mutual Fund Agent or Insurance Agent or bank relationship managers oran agent or any authorised distributor agents (holding a valid licence issued by IRDA and/or AMFI) or BFSI expert who views, browses, accesses or uses our Website by registering and subscribing for the Services on the Application (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorised associates of such Agents (including but not limited to any such person authorised by you to access or use the Website on your behalf, like your juniors, assistants, etc.) or institution, to provide services to the Customers.
Acceptance of Terms
You acknowledge that in accessing and using the Services offered by the Company, you may utilize the content and Services offered on the Website. You agree to follow these Terms for the use of Website as may be specified on Website from time to time. Notwithstanding such acceptance of the Website Terms, You acknowledge and agree to the following, that:
you shall not compromise (in any way or form)the safety of the Customer (whether or not mapped to your Account) or any other such Customer of the other agents.
Accessing and Downloading of the Application
Users are required to download the Application, which is available on both Android and iOS Mobile Phone Platforms operated by Apple App Store or Google’s Play Store, respectively (collectively referred to as “App Store Sourced Application???). You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access). The User may have to open at his own expense an account with an App Store Sourced Application and subscribe to the developer account.
Post and prior to registering for our Services and the following shall apply to any Application accessed through or downloaded from the App Store Sourced Application:
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Registration of the User
The Service is designed to assist users of the Website in advising, monitoring, obtaining and reviewing Customer Data, as well as tracking other data associated with the Customer, who are connected to the Agents via Bunker User Application.
User shall be able receive access to the Application by registering on the Application and shall be entitled to receive the Services by making the payment towards the Subscription Fees post registration by the user on the Application. Users agree and acknowledge that the Services provided herein are presently available in respect of select Customer, who are registered with the Company on the Bunker User Application.
You cannot register on the Application by using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate your Account in the event of any breach of these Terms.
In the event, the registration is done by the Company, on behalf of you, it shall be notified to you upon the creation of the Account and you would be required to download the App and activate the your Account by providing the relevant details.
You represent and warrant that (a) you are a licensed and authorised Agent (b) your organisation has all the permitted licenses under the applicable laws to provide the related services to the Customers (c) there are no legal or regulatory impediments which prevent you from providing services to the Customers (d) it is your responsibility to manage the usage or access of your Account by any such third party (including your assistants, juniors, associates, etc.) and you shall be responsible for any damage caused by such third party through usage of your Account. Towards this you have submitted documents which is the evidence for the above to Company for the registration and you represent and warrant that all such documents and their particulars are true and have not been obtained through any unfair, fraudulent, unethical, suspect or illegal means.
User agree that any and / or all information that may be provided by you to the Company from time to time, including but not limited to contact information, address and services related information or any other information required under existing or future KYC or other norms and laws, may be shared by Company with the regulatory authorities/mutual funds/banks or their respective authorized service providers, auditors, legal and consultants in compliance with the extant legal provisions from time to time.
How the BunkerCredit/s work
Post completion of the (above-mentioned) registration processand subscription process, the User shall be provided with the Bunker Credits, as per the subscription plan opted by the User. The Bunker Credits provided to the User shall be categorised in the following manner and shall be used for the following purposes:
The Bunker Credits provided to the User post selection of the Subscription plan shall be used by the User, in accordance with the Terms and below guidelines, for both Map Client and New Leads:
The User agrees to pay, if any, subscription fees, consulting fees and other fees applicable to User’s or subscription of User for the Services and the User shall not circumvent the fee structure. The fee is dependent on the various plans as provide by the Company and such plans as purchased by the User and on any additional usage beyond limitations of the User plans but not on actual usage of the Services. UNDER ANY CIRCUMSTANCES,THE SUBSCRIPTION FEE IS NON-REFUNDABLE.
We may add new subscription services for additional fees and charges or may proactively amend fees and charges for existing subscription services, at any time in its sole discretion. Fees stated prior to the subscription services being provided, as amended at our sole discretion from time to time, shall apply.
You authorise us to make such modification to the fee structure as required during the subsistence of a subscription period and also agree to abide by such modified fee structure.
You agree that the billing credentials provided by you for any purchases from us will be accurate and you shall not use billing credentials that are not lawfully owned by you.
Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. We are in no way responsible for any of the User’s taxes or legal or statutory compliances, except for our own due diligence.
We may make available an offline/online fee payment facility, supported by a third party vendor. We are not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor.
We reserves the right to modify the Subscription Fee structure by providing a 30 (thirty) days’ prior notice, either by notice on the Website or through email to the authorized User or through push notification, which shall be considered as valid and agreed communication. Upon the User not communicating any response to the Company to such notice, Weshall apply the modified fee structure effective from the expiry of the said notice period.
Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, the credit card of such User registered with us will be charged automatically against payment of subscription fee for subsequent subscription period and the User shall be provided with a copy of the invoice for the subsequent subscription period/renewal after ten (10) days from the receipt of payment received by the Company. If a User is not willing to continue with the Services, the same shall be communicated to us by the User thirty (30) daysprior to the date of termination of the Services. In the absence of such intimation to discontinue the subscription, we shall be entitled to charge the credit card of the User registered with us on the day the current subscription period expires.
In case of non-payment of any fee beyond the date a payment becomes overdue (overdue date), we reserve the right to take any or all of the following actions as it deems appropriate, (i)discontinue the Services to the User anytime after 15 (fifteen) days from the overdue date; (ii)delete all information in User’s account anytime after 30 (thirty) days from the overdue date.
Fees and charges shall be calculated solely based on records maintained by us or our third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of the Company shall be final and binding in relation to any fees payable by Users.
You can cancel your access to the Services using any of the cancellation methods listed in these Terms or by contacting our customer support via email firstname.lastname@example.org. The one time setup fees, if any charged, shall not be refunded to the User.
We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or parts thereof. We shall have the right to deduct any taxes that are due in relation to the refund amount (if any). The subscription fees are non-transferable and the payment made by the User for a particular subscription Service cannot be transferred or carried over to another Service.
Use of Data
Also, this Customer Data is provided by the Customer who is currently tagged to your Account under the “My Customer??? on the Application. Company presents this Customer Data to you in an “As-Is??? manner and does not make any warranties, representations, etc. on the accuracy, validity and correctness of this Data. This Data or any part thereof, is either reportedor provided by Customer or by you.Company shall not be responsible for any such Customer Data provided by the Customer through the Application or provide by you through the Application.
Conduct on Website
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By posting information in or Content or otherwise using any communications service, software library, push notifications and in-app messages or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, make available any unsolicited or unauthorized email or SMS messages or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
You agree that we may at any time, and at our sole discretion, terminate your subscription, Account, or other affiliation with our Website without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
We do not guarantee or warrant that any Content that you may store or access through the Services will not be subject to inadvertent damage, corruption or loss.
You agree not to sell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Website or Customer Data or use of or access to this Website. You shall maintain a procedure external to the Services for reconstruction of lost or altered files, data or programs. And it will be your responsibility for establishing designated points of contact to interface with the Services.
Company reserves the right to suspend or terminate your access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases including where,
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same Account, a different account or re-register under a new account. On termination of an Account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User.
All provisions of the ToU, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability
Disclaimer: In the event user voluntarily terminates or cancels the Services, user is required to delete the Application from such device wherein the Application was accessed. Mere deletion of the Application does not tantamount to the termination or cancellation of the Services. User shall provide a thirty (30) days’ notice via email, in order to terminate the Services. However, Company shall not be responsible for any such notification or alerts received by you, post deletion or removal of the Application or Website. You agree and acknowledge that Company shall not be held liable or responsible in case Customer tries to contact you or reach out to you, post termination of the Services.
Company may provide you links to third party services (“Third Party Services???). You agree to use the Services at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. User understand that certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials???) or provide links to certain third party websites. By using the Third Party Services, you acknowledge and agree that Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
No ObjectionFrom The User(s)
User acknowledge and grants no objection to the Company to do or place requests for the User on the online technology platform of the Company and at users own risk and cost, all or any of the following acts, deeds matters and things:
ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES, APPLICATION AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES, APPLICATION AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, APPLICATION OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS WEBSITE OR APPLICATION COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE FEES AND PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU SHALL REFER TO AND ALWAYS BE BOUND BY COMPANY’S INSTRUCTIONS AND POLICIES AS AVAILABLE ON THE WEBSITE.
LIABILITY OF COMPANY
Company shall not in absence of gross negligence on the part of the Company be liable to user for any act, omission or delay by the any authority or Customer or for any claims which user may suffer or incur as a result of (Customer Data) or in course or discharge of the duties by Company or its employees, officers, directors, nominee or agent.
Without prejudice to the above, Company shall not be held liable for any loss or damage or failure to comply or delay in complying with its obligations under these Terms which is caused directly or indirectly by any event or circumstances beyond Company’s reasonable control. These include system failure, network errors, delay or loss of data due to the above and in circumstances of acts of God, floods, epidemics, quarantine, riot, civil commotion and/or war. User further agree that Company shall not be held liable for any losses, damages, expenses, costs, liabilities and claims of whatsoever nature caused by fraudulent or unauthorized use or access of user information, and/or signatures. Company will be under no duty to verify compliance with any restrictions on Customers investment powers.
Company will not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of any defects or imperfections or mechanical or other technical failure with relation to computer, cable, telex, telephone or postal system.
While Company will make every effort to have its computer systems available at all times, Company makes no guarantees with respect to the availability of such systems. Company will make every effort to resolve availability issues such as network problems, virus attacks etc. in an expeditious manner. Notwithstanding these, Company will as such not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of lack of such availability.
Company shall not be liable for any loss or damage caused by reason of failures or delay of the users for performing any of its obligation towards the Customers, for any failure or delay in providing any related services to the Customer and user shall hold Company harmless and free from any claim in respect thereof. Company shall also not be liable for any delay, failure or refusal of any related investment made by the Customer through the users or other loss caused to user or Customers arising therefrom.
In instances of third party claims, Company shall not be liable for any failure/delay, wherein such claims/losses are arising due to a reason entirely attributable to an error or gross negligence of the user or the any such regulatory authority
Company does not guarantee or warrant on any direct/indirect business to the users as part of this Agreement.
Company shall not be held responsible for any such payment to be made by the Customers or any such payments to be received by the User from the Agent. The Company shall not be made party to any transaction between Customer and the Agent.
User agrees and acknowledges that the Company does not take any responsibility for:
any such fake accounts created by the Customers or any such fake Customers profile or fake leads profiles created and linked to your Account. CONFIDENTIALITY OBLIGATIONS
You shall not share any Confidential Information provided by us or the Customers to you with any third party under any circumstances.
You undertake that you shall disclose information on need basis and only as required for undertaking Services as per this Agreement. We agree not to disclose the same to any third party and to keep the same secret and confidential. The Confidential Information excludes information that: (i) was or becomes publicly known through no fault of the User; (ii) was rightfully known or becomes rightfully known to theuser without confidential or proprietary restriction from a source other than the Customer or Company; (iii) is independently developed by the user without the participation of individuals who have had access to the Confidential Information; (iv) is approved by the Customer or Company for disclosure without restriction in a written document which is signed by a duly authorized officer of Customer or Company; and (v) the user is legally compelled to disclose; provided, however, that prior to any such compelled disclosure, the user will (a) assert the privileged and confidential nature of the Confidential Information against the third party seeking disclosure and (b) cooperate fully with the Customer or Company in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event that such protection against disclosure is not obtained, the user will be entitled to disclose the Confidential Information, but only as, and to the extent, necessary to legally comply with such compelled disclosure.
We shall undertake all reasonable efforts to protect your confidential information and will ensure that no third party can access the same, except our authorized personnel for carrying out maintenance work.
Upon expiry or early termination of this Agreement, We shall destroy all confidential information provided by you, forthwith.
Data Protection And Security: We shall deploy several methods to prevent unauthorized content viewing, copying, accessing and remains committed to your security and confidentiality. We agree to protect your confidential information and will not disclose such confidential information to third parties. This covers all material breaches including but not limited to preventing unauthorized access to Platform, making an attempt to copy screens, workflow, system, report, inference, algorithms, concepts, your content in any form and your core business processes implemented on platform.
Nondisclosure: This obligation shall survive the termination or expiration of this Agreement for a period of one (1) years from the date of such termination or expiration, we and you agree to maintain all Confidential Information in confidence to the same extent that it protects its own similar Confidential Information, but in no event using less than reasonable care, and to use such Confidential Information only as permitted under this Agreement. We and you agree to only disclose the Confidential Information to the employees: (a) with a need to know to further permitted uses of such information; and (b) consultants, advisors, agents, vendors, etc. who are informed of the nondisclosure/ non-use obligations imposed by under this provision.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/JV partners and each of its, and its affiliates/subsidiaries/JV partners employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the ToU or any applicable law, contract, policy, regulation or other obligation.We reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID TO YOU FOR THE SERVICE IN THE ONE (1) MONTH PRECEDING THE APPLICABLE CLAIM OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Online Payment -Payment Gateway Terms
The payment towards the Subscription Fee shall be done by using an Electronic Payment Gateway facility, offered for transaction on the Website, through a third party service provider registered with the Reserve Bank of India. User cannot use or permit the use of the payment gateway or any related services for any illegal or improper purposes.
Users shall utilize the Electronic Payment Gateway at their own risk. These risks would include but not be limited to the following risks and Company disclaims all liability and responsibility for any claims, losses, damages, costs of whatsosever nature arising due to such risks:
If any third party obtains access to user Account, such third party would be able to transact on Company’s online technology platform. User shall ensure that the terms and conditions applicable to the use of the password in the online payment gateway facility as contained in the Electronic Payment Gateway are complied with at all times.
The Internet per se is susceptible to a number of frauds, misuse, hacking and other actions, which could affect payment instructions given using Electronic Payment Gateway or the transactions done using Company’s online technology platform. Whilst Company shall aim to provide security to prevent the same, there cannot be any guarantee against such Internet frauds, hacking and other actions. User shall separately evolve/evaluate all risks arising out of the same.
The filling in of applicable data for transfer would require proper, accurate and complete details. In the event of user account receiving an incorrect credit by reason of a mistake committed by any third party, the concerned bank shall be entitled to reverse the incorrect credit at any time whatsoever without the consent of the User. User shall be liable and responsible to accept any such instructions received from the bank, without questions for any unfair or unjust gain obtained by Company as a result of the same.
The technology for enabling the transfer of funds and the other services offered by the Electronic Payment and Company could be affected by virus or other malicious, destructive or corrupting code, program or macro. The Application or the bank may require maintenance and during such time it may not be possible to process the user request. This could result in delays in the processing of transactions/payment instructions or failure in the processing of transactions/payment instructions and other such failures and inability. User understand that Company disclaims all and any liability, whether direct or indirect, whether arising out of loss of profit or otherwise arising out of any failure or inability by bank or the payment gateway service provider to process any transaction/payment instructions for whatsoever reason. Company shall not be responsible for any of the aforesaid risks.
Company may from time to time impose maximum and minimum limits on funds that may be transferred by virtue of the payment transfer service given. User realize and accept and agree that the same is to reduce the risks of the user. User shall be bound by such limits imposed and shall strictly comply with them.
User shall indemnify Company from and against all losses and damages that may be caused as a consequence of breach of any of the Electronic Payment Gateway for net banking and the terms and conditions mentioned herein above.
User are authorized to make transaction only with and from their authorised bank account(s). Banks has all the right to cancel, reject and/or unauthorize the transaction made by the user, from any other account, details of which is not known to Company. Such payment which is rejected by the banks shall be notified or intimated to the user, upon the same being notified to the Company.
Company shall be entitled to withdraw this service at any time without assigning any reason whatsoever.
Intellectual Property Information, Content Ownership and Copyright Conditions of Access
Copyright (c) Bunker Technologies Private Limited. All Rights Reserved.
The contents listed on the Website are (i) User/Customer generated content, or (ii) belong to Company, except for the Customer Data of Customer or personal identifiable data of the user. The information that is collected by us directly or indirectly from the Customer and you shall belong to Company and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and You are only permitted to use the Content as expressly authorized by us or the specific content provider. Copying of the copyrighted content published by Company on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Company reserves its rights under applicable law accordingly.Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
We authorize the User to view and access the content available on or from the Website solely for receiving, interacting, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Our Content”), are our property and are protected under copyright, trademark and other laws. User shall not modify the Our Content or reproduce, display, publicly perform, distribute, or otherwise use the Our Content in any way for any public or commercial purpose or for personal gain.
User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Any such Data provided by the User or the Customer:
Ownership of the Customer Data shall belong to the Customer and any such information by virtue of which shall be deemed to be owned by the Company, ownership of such data shall belong to the Company.
Profile Ownership and Editing Rights
In any event, for making any changes to your profile, you shall update your profile on the Application and/orreach out to our support team and upon scrutinising the change with proper documentation, your profile shall be updated by our support team. Unless, the profile change is not approved by our support team, the user shall not be able to access the Application and/or provide any services or related services to the Customers. We reserve the right of ownership of all the User profile created and photographs and to moderate the changes or updates requested by you. However, we shall take the independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using our Services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Wemay modify or delete parts of your profile information at its sole discretion with or without notice to you.
Display Rights of Company
All critical content is content created by the Users or Customer of the Website. As a platform, we do not take responsibility for critical content and our role with respect to critical content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000.
We reserve the right to collect feedback and critical content for all the Users listed on the Website.
We shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all critical content from any Service, except as required by applicable law.
You understand that by using the Services you may be exposed to critical content or other content that you may find offensive or objectionable. We shall not be liable for any effect on your business due to such critical content of a negative nature. In these respects, you may use the Service at your own risk. We shall, as an ‘intermediary, take steps as required to comply with applicable law as regards the publication of critical content. The legal rights and obligations with respect to critical content and any other information sought to be published by Users shall be in accordance these ToU.
We will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for critical content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to critical content posted on the Website.
If we determine that you have provided inaccurate information or enabled fraudulent feedback, We reserve the right to immediately suspend any of your accounts with us and makes such declaration on the Website alongside your name/your clinics name as determined by us for the protection of our business and in the interests the Customers.
We may, design the ranking algorithm in the best interest of the Customer and may rank the users basis the feedbacks received from the Customers nd/or adjust the ranking from time to time to improve the quality of the results given to the Customers. It is a pure merit driven, proprietary ranking algorithm which cannot be altered for specific Users. We shall not be liable for any effect on your business interests due to your rank in the ranking algorithm.
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Company.
Our Reach Rights
We reserve the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings???. Without prejudice to the status of other content, Wewill not be liable for the accuracy of information or the claims made in the Sponsored Listings. We do not encourage the Users to visit the Sponsored Listings page or to avail any services from them. We will not be liable for the services of the providers of the Sponsored Listings.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and we shall accept no liability for the same.
Rights and Obligation relating to the Content
Users shall be prohibited from:
Company shall upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of this Clause.We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, We shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
Company respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com. Notices to you may be sent to the address supplied by you as part of your Account registration. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India and you hereby accede to and accept the jurisdiction of such courts.
The ToU are the entire agreement between you and Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Service. If any provision of the ToU is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToU will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The ToU are personal to you, and are not assignable or transferable by you except with our prior written consent. We may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the ToU and neither party has any authority of any kind to bind the other in any respect.