Terms of use
Last updated on 1st February 2021.
The Terms
and conditions contained hereinafter (“Terms of Use”) shall apply to the users
of the website https://dexpertsystems.com and
any other linked pages, products, software’s, API(s), features, content or
application services (including but without any limitation to Mobile
application) in connection therewith offered from time to time by Dexpert Systems. (“Dexpert
Systems”, or “WE” or “OUR” or “US”) (Collectively “Website”)
As a
result of using the said services of Dexpert Systems
you are legally binded by this agreement and if you
do not agree to any of the terms listed below, you are advised not to not use
the platform any further.
Any individual
logging to or using the website or mobile applications of Dexpert
Systems shall be presumed to have read the terms of use and shall
unconditionally and irrevocably accepted the terms of use set herein. The
purpose of these terms, the following words and phrases shall have the meaning
assigned under this article. Services means the
services that shall be provided by Dexpert Systems and
to the merchants/users. A merchant can receive payments from the customers or
other payers or suppliers by
Definition
In this
Agreement unless the context otherwise requires:
Eligibility
The
Website and Services are intended solely for people who can form legally
binding contracts under Indian law and who are 18 years of age or older. Any
access to or use of the Website or Services by anyone under 18 is expressly
prohibited. By using the Website or Services merchant represents and warrants
that he is 18 or older and is competent to contract. User also agrees that his
customer is similarly competent to contract.
A
merchant represents and warrants that he has full power and authority for using
the Services and is in strict compliance of all laws. These terms and
conditions as accepted by merchant shall be read along with and in addition to
any terms and conditions in force from time to time. They will also be read in
conjunction with the Privacy Policy.
A
merchant may use the Services and this Website only if he accepts and abides by
all of the following terms and conditions
Sign-up
In order
to avail the services, merchant needs to be registered with Dexpert
Systems. Merchant shall provide Dexpert Systems with
all the necessary identification ids and documents as applicable.
By
registering with Dexpert Systems, Merchant agrees to
provide true, accurate, current and complete information, failing at which, Dexpert Systems may at any time reject merchant’s
registration and terminate his right to use or access the Website and/or
Services. When merchant registers with Dexpert
Systems, a User Account will be created, that is associated with his/her user
name, password, and other identifying information. Merchant shall be
responsible for any action initiated through their User Account.
Use of Services
The
services may be used by merchants for making and receiving payments from/to
third parties.
To enable
the merchant to use the services, a link with login credentials will be
communicated to the merchant on his mobile phone or email address and the
merchant irrevocably and unconditionally accepts sole responsibility for use,
confidentiality and protection of said login credentials, including passwords,
as well as all orders and information exchange added to the mobile/email
account using the same login credentials.
Dexpert Systems Private Limited has no obligation to
verify the authenticity of the Transaction other than by means of verification
of the merchant’s provided KYC information. The merchant shall at all times
take all appropriate steps, including those as mentioned herein, to maintain
the security and confidentiality of the information. Dexpert
Systems shall not be liable for any error or misuse of the services by either
the merchant or by any person authorized by the merchant, or by any person
gaining access to the services through the merchant. Merchant agrees that Dexpert Systems accepts all instructions originating from
his account in good faith and in a manner consistent with commercially
reasonable security standards. Merchant shall indemnify and hold Dexpert Systems harmless for direct or indirect losses
sustained as a result of the disclosure of sensitive information by or through
Merchant.
On
receiving the necessary details from the Banks, Dexpert
Systems shall initiate the required payment to merchant/customers as instructed
by customer/ merchant.
Confirmation
of the transaction performed using valid login credentials shall be conclusive
evidence of a transaction being affected. Merchant is responsible to provide Dexpert Systems with the appropriate and current customer
information. In the event that the payment is in respect of a purchase of
products by the customer, Dexpert Systems does not
hold the responsibility to ensure that the purchased products have been duly
delivered. In the event, wherein a customer chooses to complain about a
transaction, the same should be communicated to Dexpert
Systems within 10 (Ten) days of the transaction.
Dexpert Systems is an Intermediary
PLEASE
NOTE THAT THE PURCHASE OF ANY PRODUCTS WITH ASSISTANCE FROM THIS WEBSITE IS A
PRIVATE CONTRACT BETWEEN THE SELLERS AND THE BUYERS, CHOOSING TO PURCHASE SUCH
PRODUCTS. THE COMPANY IS MERELY AN ONLINE INTERMEDIARY FACILITATING THE
TRANSACTION IN A LIMITED CAPACITY AND DOES NOT BEAR ANY RESPONSIBILITY FOR
DELIVERY, AUTHENTICATION OR ANY OTHER KIND OF LOGISTICAL SUPPORT UNLESS
EXPRESSLY MENTIONED.
All
commercial/contractual terms are offered by and agreed to between the Buyers
and Sellers alone.
Company
does not make any representation or warranty as to specifics (such as quality,
value, saleability, etc) of the Products or services proposed to be sold or
offered to be sold or purchased on the Website. Company does not implicitly or
explicitly support or endorse the sale or purchase of any Products or services
on the Website. Company accepts no liability for any errors or omissions,
whether on behalf of itself or third parties.
Company
is not responsible for any non-performance or breach of any contract entered
into between you and Sellers. Company cannot and does not guarantee for the
performance of any transaction concluded on the Website. Company shall not and
is not required to mediate or resolve any dispute or disagreement between You and Sellers.
Company
does not make any representation or warranty as to the item-specifics (such as
legal title, creditworthiness, identity, etc.) of any of its Users. You are
advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best
judgment in that behalf.
Company
does not at any point of time during any transaction between You
and Seller on the Website come into or take possession of any of the Products
offered by Seller nor does it at any point gain title to or have any rights or
claims over the Products offered by Seller to the users. At no time shall
Company hold any right, title or interest over the Products listed, nor shall
Company have any obligations or liabilities in respect of such contract entered
into between You and Sellers.
You shall
independently agree upon the manner and terms and conditions of booking, time,
venue, delivery, insurance etc. with the Seller(s) that You
transact with. We are not an authorised agent of any Seller, service
provider(s) or any such third party and we are only an online intermediary.
Disclaimer:
Pricing on any Products as is reflected may due to some technical issue,
typographical error or product information published on the Website may be
incorrectly reflected and in such an event, Company or the Seller reserves the
right to cancel any such orders as requested and refund the amount ( if any)
received from the User. The Company shall not be responsible for any such
error/s or incorrect information provided by Seller; as providing the price of
the Product is the sole responsibility of the Seller.
You
release and indemnify Company and/or any of its officers and representatives
from any cost, damage, liability or other consequence of any of the actions of
the Users of the Website and specifically waive any claims that you may have in
this behalf under any applicable law. Notwithstanding its reasonable efforts in
that behalf, Company cannot take responsibility or control the information
provided by other Users which is made available on the Website. You may find
other User’s information to be offensive, harmful, inconsistent, inaccurate, or
deceptive. Please use caution and practice safe trading when using the Website.
Please
note that there could be risks in dealing with underage persons or people
acting under false pretence.
The
company is merely an intermediary and a platform provider and is no where responsible for any goods/services, authentication
or logistical support corresponding to a transaction.
Refunds/ Chargebacks
A
Chargeback shall mean a Transaction that is uncollectible and returned to the
acquiring bank/ Dexpert Systems by customer or
issuing bank for a refund to the concerned customer due to any of the following
reasons:
As a
result of the rapid nature of movements of funds, once a payment has been
initiated through the Services, it may not be possible to retract the same
using the Services. If customer wishes to attempt to chargeback/ retract a
payment, he must notify his bank and Dexpert Systems
immediately and provide all required information. Dexpert
Systems cannot however guarantee that the payment will be retracted. It may be
possible to charge back/ retract a payment in case of a payment by debit/
credit card, if the instruction is given to customer’s bank and Dexpert Systems within the prescribed time. However, it
would not be possible to do so in case of any other mode of payment.
We do not refund booking amount for cancellation requests
for bookings nor transfer bookings from one day to another. Should you want to do that, you may book another appointment online
subject to availability.
However, if your account has been debited and booking wasn't successful, you can send an email to support id and we shall
confirm your booking.
In such
event, if the merchant is unable to arrive at a satisfactory resolution of the
problem within a period of 45 days, Dexpert Systems/
Service Provider shall be entitled to make a direct credit to the disputing
customer’s account for the disputed amount. Such a debit to the customer’s
account and the direct credit to the disputing merchant’s account shall not be
disputed in any manner whatsoever.
In the
event of a Chargeback situation arising in case of any Products purchased by a
User/ Payer, for which payment has been made to the Payee/User/Service
Provider, the User/ Payer shall be advised to resolve the issue with the
Payee/User / Service Provider within 45 days and shall then settle the payment
in accordance with the solution agreed upon by the Parties.
Dexpert Systems shall not be responsible to make payments
in respect of any Chargeback unless it has received the requisite amount from
the concerned acquiring bank/ Service Provider/ Payee/User. In the event of Dexpert Systems receiving a Chargeback amount from the
acquiring bank / Service Provider/Merchant, Dexpert
Systems is entitled to pass on the amount received to the User/Payer within 7
days of receipt.
In the
event that the Parties have agreed that User/ Payer is entitled to Chargeback
any Transaction, Dexpert Systems may, at its
discretion, give effect to such Chargeback entitlement in any one or more of
the following methods:
Settlements
In
consideration of the services rendered by Dexpert
Systems Private limited, a user/merchant agrees to pay a fee which will be in
consideration of all products, platform, APIs and other related financial
services that have been listed on Dexpert Systems
website and mobile application. Dexpert Systems has a
Nodal account as per RBI’s payments and settlements Act, where we will instruct
the Nodal bank to transmit the payments payable to the merchant, after
deducting our fee, from the Nodal to the merchant bank account in “T” +2 or
maximum “T” +3 working days. “T” being the date of
transaction. Working days mentioned herewith are bank working days.
Every
merchant/user shall receive an invoice from Dexpert
Systems private limited with GST details to showcase the fees being levied and
charged as per agreement and pricing agreed between the user and Dexpert Systems private limited. In respect of the invoices
received by the user/merchant, it is agreed that User pays over applicable
taxes under the Indian Income Tax laws and furnishes to us the TRACES
certificate in respect of such taxes paid, then we shall reimburse to the User,
on a quarterly basis, the amount in respect of such taxes paid.
Termination
If Dexpert Systems Private limited suspects, on reasonable
grounds, that a merchant or User has committed a breach of these Terms or any
other agreement with Dexpert Systems or any act of
dishonesty or fraud against Dexpert Systems/ any
Service Provider, Dexpert Systems shall be entitled
to (a) suspend all payment under these Terms; (b) deactivate/ suspend your User
Account and disable your password; and (c) terminate User’s access to the
Website or the Services; pending enquiries by Dexpert
Systems. User may cancel his User Account at any time by sending an email.
Please note that once your Account is cancelled, Dexpert
Systems does not have any obligation to return any data or information that may
reside on its servers or other equipment. Dexpert
Systems Private limited will have full rights to hold any payout to the
merchant/user and also refund amounts based on complaints received from
acquiring or issuing bank or any related person to the government of India
which includes Cyber cell, Police, Reserve bank of India, SEBI, etc
In such
cases the refunds will be forcefully enabled on the merchant/user account back
to the source account from where the transaction had initiated.
Indemnity
User or
the merchant shall keep Dexpert Systems indemnified
from and against any and all liability (including but not limited to
liabilities, judgments, damages, losses, claims, costs and expenses,) or any
other loss that may occur, arising from or relating to any claim, suit or
proceeding brought against Dexpert Systems by another
User/ Service Provider/ third party for reasons including, but not limited to (i) delivery, non delivery or delay, deficiency or mistake
in respect of the Products sold; (ii) a breach, non-performance, non-compliance
or inadequate performance by the User of any of the terms, conditions,
representations, obligations or warranties made by him; (iii) any acts, errors,
misrepresentations, wilful misconduct or negligence of the User, or his
employees, subcontractors and agents in performance of their obligations under
these Terms.
The User
shall comply with all such terms and conditions as Dexpert
Systems or any Service Provider may prescribe from time to time with regard to
the Services. All Transactions effected by or through this Website, shall
constitute legally binding and valid transactions when done in adherence to and
in compliance with the terms and conditions prescribed by Dexpert
Systems or Seller/ Service Provider.
Copyright/Original Content
All
materials that have been displayed or performed on the services shall abide by
copyright. This includes but not limited to text, graphics, articles,
photographs, images, illustrations. You shall abide by all copyright notices,
trademark rules, information, and restrictions contained in any content
accessed through the services, and shall not use, copy, reproduce, modify,
translate, publish, broadcast, transmit, distribute, perform, upload, display,
license, sell or otherwise exploit for any purposes whatsoever any content or
third-party submissions or other proprietary rights not owned by you:
The
services are protected by copyright law as prevalent within the copyright laws.
Any fraudulent or improper use shall lead to immediate termination of the
account and will be bound to legal procedures as per government norms. You are
not supposed to download or copy the content for any unauthorized use. You
shall also not store any information for any purpose whatsoever. Copying or
storing any information without consent from the copyright holder is strictly
prohibited. Company may revoke your right to the services, at any time, at
Company’s sole discretion. Company reserves the right to require prior written
consent before linking to the Website.
Compliance with anti-bribery and anti-corruption
laws
The
merchant hereby also agrees unconditionally that he/she will undertake
compliances to all applicable anti-corruption law (including but not limited to
the provisions of Foreign corrupt practices Act, 1977, Prevention of Corruption
Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution
(Regulation) Act, 2010, and any amendments thereto) which prohibits the User,
its officials, representations, agents, or any other person associated with or
acting on behalf of such User from giving, offering, promising to offer,
receiving/ accepting or acting in any other manner so as to induce a payment,
gift, hospitality or anything of value (either directly or indirectly) whether
from within the country or from abroad to government officials, publics servants,
regulatory bodies, judicial authorities, persons in positions of authority,
elected or contesting electoral candidates, political parties or office bearers
thereof or any other third party or person in order to obtain an improper
commercial/business advantage of any kind.
Restrictions over Dexpert
Systems
You
guarantee and confirm that you will not contribute to any Content or otherwise
use the Services in a manner that:
The below
list of clauses has to be followed while availing services at https://Dexpertsystems.com/ :
Dexpert Systems holds the right to remove any content or
image from the services at any point of time, for any reason (including, but not
limited to, upon receipt of claims or allegations from third parties or
authorities relating to such content or if company is concerned that you may
have breached the immediately preceding sentence), or for no reason at all.
Marketing Restrictions
If you
are sending emails, directly or indirectly in connection with any Digital good
or Physical products then you agree, acknowledge and represent that all emails
and the procurement of email addresses will be authentic and shall be in
compliance to applicable government rules & regulations. You would also not
be sending any extreme content, racial content, or any religious sentimental
message. Pornographic and sexual content is strictly prohibited.
Confidentiality and Non-Disclosure Agreement
In
connection with this agreement, Dexpert Systems may
disclose to you and or you may otherwise receive some sensitive information of Dexpert Systems (collectively, confidential information.
Unless not required to perform your obligations under this agreement, you will
not be allowed to disclose any confidential information without the consent of Dexpert Systems. You will not use any confidential
information for the purpose of soliciting, or to permit to solicit, users to
subscribe to any other services or promote the sale of any products that
compete directly or indirectly, with Dexpert Systems
or the functionality or services offered by the platform. You agree and abide
that Dexpert Systems may be required to provide to
governmental agencies/Law or other third parties, information in its possession
regarding you or the business you conduct with Dexpert
Systems or via the Platform.
Updates to the Terms of Use
The terms
of use are subject to change. The merchant or user abides by the terms of use
automatically whenever he logs into or uses https://Dexpertsystems.com or
any related pages, APIs, mobile application of Dexpert
Systems Private Limited.
Grievances
Any
complaints or concerns with regards to content of this Website or comment or
breach of these Terms of Use or any intellectual property of any User,
instances of customer grievances, regulatory queries and clarifications shall
be informed/ communicated to the Grievance cum Nodal Officer at the
co-ordinates mentioned below in writing:
GRIEVANCE
CUM NODAL OFFICER
MR. MAHESHWAR
SINGH
DEXPERT
SYSTEMS PRIVATE LIMITED
ADDRESS : R-120, S 43 A/1, Ravi Park,
Handewadi Road, Hadapsar, Pune 411028, Maharashtra.
E-MAIL : support@dexpertsystems.com
PHONE: +91 9970161694