SM DIGIPAY

Use of the Platform or Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the AccountPe.in, and all associated sites linked to SM Digipay , or any similar platform (hereinafter collectively, the SM Digipay Platform, having its registered office at SM Digipay ,SM Digipay , Assam, IN :781005 on any device and/or before availing any services offered by SM Digipay Platform which may include services such as Recharge and BBPS or any other Platform (here in after individually, and collectively). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Our Services, whether offered by SM Digipay .

Acceptance

You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each SM Digipay Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific T&Cs in relation to any SM Digipay Service or any future service that may be offered by SM Digipay Platform. By registering on, accessing, browsing, downloading, or using (as applicable) the SM Digipay Platform or availing any SM Digipay Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the SM Digipay Platform and immediately terminate Your availing the Services. Accepting or agreeing to the T & C will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the SM Digipay Platform or a customer, donor or beneficiary of the Services. All services are rendered through the this Platform under the brand name “SM Digipay ” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by regarding Your use of SM Digipay services. (which includes donation and contribution), or any such other services which may be added on the this Platform and which will henceforth be a Service, from time to time. Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, SM Digipay grants You a personal, nonexclusive, non-transferable, limited.

Indemnification

You agree to indemnify, save, and hold SM Digipay , its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to:

(i) Your use or misuse of the SM Digipay Services or of the SM Digipay () Platform;

(ii) any violation by You of this Agreement or the SSOID Agreement; or

(iii) any breach of the representations, warranties, and covenants made by You herein.

SM Digipay reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify SM Digipay , including rights to settle, and You agree to cooperate with we defense and settlement of these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from SM Digipay Services Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, SM Digipay officers, directors, employees. You acknowledge that is a purely social not-profit enterprise, registered under Jharkhand ACT XXVI of 1961, 2016-2023 and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that the use of the SM Digipay Services on our Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. We do not warrant that our Services will be uninterrupted or error-free or that defects in the site will be corrected. The SM Digipay Services and our Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. SM Digipay , and its partners do not warrant that the data, our software, functions, or any other information offered on or through our Services/ our Platform or any reference sites/ platforms/ services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. SM Digipay and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of Our Services/ Our Platform or any reference sites/ platforms/ services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through Our Services/ Our Platform or any reference sites/ platforms/ services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive the termination of this Agreement. In no event will SM Digipay be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information and the like) arising out of the use of or inability to use Our Platform.

Ownership; Proprietary Rights

The SM Digipay Services and Our Platform are owned and operated by SM Digipay for Social Welfare. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), services, and all other elements of Our Services and Our Platform provided by SM Digipay for Social Welfare are protected by international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and SM Digipay , all services and programs contained on Our are the property of SM Digipay for Social Welfare. You agree not to remove, obscure, or alter Anudip or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Our Services/ Platform. Except as expressly authorized by SM Digipay , You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the services. SM Digipay reserves all rights not expressly granted in this Agreement. If You have comments regarding Our Services and/or Our Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to SM Digipay , and shall assign to SM Digipay , all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any SM Digipay Service or our Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, SM Digipay may elect to resolve any Dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or Anudip may seek any interim or preliminary relief from a court of competent jurisdiction in SM Digipay , Assam, IN :781005 necessary to protect the rights or the property belonging to You or SM Digipay (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor SM Digipay may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and SM Digipay . In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes