Conditions for the Subscription
- The terms in this Section ("Subscription Terms") govern any purchase of any Subscription in the Website. When concluding the purchase procedure for any Subscription, it shall be deemed that the User has read and accepted, without exception, the Subscription Terms. For the avoidance of doubt, the Subscription Terms are additional to the Terms which will continue to apply to Users who have acquired a Subscription unless it is expressly provided otherwise in relation to specific provisions in the Subscription Terms.
- These Subscription Terms are available to the User before the purchase of the Subscription and may be stored or reproduced on a durable medium.
- The Subscription Terms are available in English. In case the User is interested in purchasing any Subscription, it has to follow the instructions available in the Website from time to time.
- The Subscriptions available are offered in the Website where the pertinent information, price and conditions are included (including, without limitation, restrictions to the number of downloads each day). The Company can modify the Subscriptions offered at any time, offering with new Services (to which, unless otherwise stated, these Subscription Terms shall apply) or ceasing to offer any of the Services. The Subscriptions are personal, shall not be assigned to third parties and no third parties other than the User shall be allowed to use the services (including as third parties, for these purposes, affiliates or entities part of the same group of companies).
- The price for the Subscription is stated in INR in the Website and doesn’t includes, if applicable, the relevant Tax. Bharati Web is entitled to modify the price for any Subscription at any time. The Company shall apply the price stated in the Website at the time of the submission of the Subscription order by the User.
- The User shall pay the Subscription in advance through Netbanking or credit/debit card, as stated in the Website. To purchase and pay the Subscription, the User shall follow the instructions stated in the Website. The processing of the payment information and data through Netbanking or credit/debit card is made within third-party sites. When ordering any Subscription, the User authorizes the Company to collect the corresponding price through the chosen payment method. The Subscription shall not be activated until the Company has received the payment or the payment has been authorized by the relevant financing entity. After that, the Subscription shall be in force for the term purchased by the User.
- Unless otherwise stated in these Subscription Terms, the Subscriptions shall be automatically and successively renewed at the expiration of its term, unless the User cancels the renewal of the Subscription before its expiration. The Company shall charge the corresponding price by the same initial payment method. The Company may modify the price for the renewal of the Subscription, provided that the User is informed with, at least, one-month prior notice.
- Once the User purchases the Subscription, the screen shall confirm the purchase. In addition, within the shortest time reasonably possible and not after twenty-four (24) hours since the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed. The User may request and download an invoice as stated within the Website twenty-four (24) hours after making the relevant payment.
- Limited License: During the Term of this Agreement, Subscriber shall have a limited, revocable and non-transferable license to permit the Authorized Users set forth on the Subscription Form to access and use the Web Application solely for Subscriber’s internal business management purposes.
- Bharati Web retains all ownership rights in, over the Website, the Services, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to the Company and to the Web Application and to materials or information contained therein, including, without limitation, trademarks, trade names, logos, service marks, or any other proprietary content of Bharati Web (the "Materials").
- Except as expressly provided herein, Bharati Web does not grant any express or implied right to Subscriber or Authorized Users under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Web Application or Materials. Except as expressly authorized under the terms of the relevant Website/Service, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services or its content or any of its parts, is strictly forbidden.
Account & Registration Obligation
The terms of the Use shall be binding from the date when you open an account with the –eNidhi App.
- Registration : (User ID & Password) Bharati Web will assign each Authorized User a user code ("User ID") and password ("Password"). Each Authorized User’s right to use the User ID and Password shall terminate immediately upon termination of this Agreement or upon termination of Authorized User's employment with Subscriber. Subscriber shall be solely responsible for monitoring and terminating its Authorized Users' access to the Web Application. Neither Subscriber nor its Authorized Users is permitted to access the Web Application using the User ID or Password of any other Authorized User. Subscriber shall be solely and exclusively responsible and liable for any access to the Web Application by any person or entity who gains access to the Web Application through the use of any Authorized User’s User ID or Password.
- In order to use the Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms
- The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User’s account
- The User must protect and keep the account password confidential and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.
- The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another User is using his account, he/she/it should immediately inform the Company.
- The Company may suspend or cancel the User’s account if it considers that the User has breached these Terms.
The Web Application is scheduled to be available 24 hours a day, 7 days a week. Bharati Web reserves the right to interrupt, limit or suspend the Web Application from time to time for purposes of maintenance or upgrades. Subscriber agrees that Bharati Web shall not be responsible or liable for any damages arising from any interruption or suspension of the Web Application, regardless of the cause.
- If you know or suspect that someone unauthorized knows your password or any other security breach, then you should notify us by contacting us immediately in no event later than 24 hours through the address provided in the 'Contact Us' section of the app. If Bharati Web has reason to believe that there is likely to be a breach of security or misuse of the App, we may require you to change your password or we may suspend your account without any liability to Bharati Web and without any prior notice to you. Without prejudice to the above, Bharati Web reserves the right to recover from you any and all damages, losses or costs that are levied on or suffered by Bharati Web due to misuse of your account or password whether due to reasons attributable to you or not.
Platform for Transaction
The eNidhi App is a platform which is made available to be used by Registered Merchant who manages all his payment receipts. However, Bharati Web is not and cannot be a party to or control in any manner in any transactions.
- The Service, or any feature or part thereof, may not be available in all languages or in all countries and Bharati Web makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any Applicable laws, including, but not limited to, any Applicable local laws.
- Bharati Web does not at any point of time during any transaction between Merchant(s) and User on the App come into or take possession of any of the products or services offered by Merchants nor does it at any point gain title to or have any rights or claims over the products or services offered by Merchants to Users.
All Services on the eNidhi platform are on the prepaid and Monthly/yearly basis with no refund or exchange permitted in any case.
Bharati Web holds the power to cancel the subscription of any user. In case if the user wants to cancel the subscription, He or She will have to contact Bharati Web.
"Content" shall mean any information related to transactions are contained on eNidhi App by the Merchant(s). You understand that all Content whether publicly posted or privately transmitted through the Service is the sole responsibility of the Merchant who posted such content on eNidhi App. This means that the Merchant, and not Bharati Web, are solely responsible for any Content that is uploaded, downloaded, posted, emailed, transmitted, stored or otherwise made available through your use of the Service. Bharati Web does not control the data transmitted via App, nor does it guarantee the accuracy, integrity or accuracy of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
- You hereby agree to grant Bharati Web a non-exclusive, royalty-free, sub licensable, non-transferable and irrevocable permission to use, display, copy, distribute, publish, perform, transmit and broadcast any Content that is submitted through the Service.
- User acknowledges that "Bharati Web"/ its employees/ partners shall not be treated as publisher or speaker of any information provided by the Merchant and displayed on " eNidhi" and witnessed by the Users.
Modifications and Closure of the Website
The Company may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, the Company will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.
The material in this site could include technical inaccuracies or typographical errors. Bharati Web may make changes or improvements at any time.
Use of the eNidhi App
You agree, undertake and confirm that your use of eNidhi App shall be strictly governed by the following binding principles:
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on the App, or with any other person's use of the App.
- We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures.
- We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
Disclaimer and Warranty Information
Bharati Web assumes no risk or responsibility for your use of any service. Bharati Web service is designed to provide general guidance. It is the user's and merchant’s responsibility to comply with all applicable laws and insurance requirements. Bharati Web makes no warranties to those defined as consumers in the Consumer Protection Act.
- eNidhi generates receipt(s) & report(s) as per the data entry made by the user. eNidhi or Bharati Web are not responsible for the authenticity of the receipts.
- eNidhi or Bharati Web in not responsible for any kind of payments done / not done / received / not received.
- eNidhi is not involved in anykind of financial transaction.
- eNidhi is not any kind of online or offline payment gateway.
- eNidhi is not an accounting software
- Usage of eNidhi Application is completely responsibility of the user.
- Mentioning important compliance details, applicable taxes as per law is responsibility of the user/subscription owner.
- eNidhi or Bharati Web are not responsible for any commitment made by the user / payee /payer.
The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. In particular and without limitation, Users (irrespective of whether they have purchased a Subscription or not) undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under these Terms (including, without limitation, the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User’s account by the Company and the obligation for the User to indemnify the Company for all damages suffered as a result of the User’s breach of this undertaking.
- The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website or third parties, particularly, the owners of the Collaborators Content, the Third Party Content or the Sponsored Content.
- The User will not interfere with the functioning of the Website or in the Services, in particular, he/she/it will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by the Company. The use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes the Company’s interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by the Company or which is not the ordinary method of accessing the Website is also strictly prohibited.
- The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.
- The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from the Company. When providing the Services, the Website can publish advertising either related or not to the searched contents or the Services, which is expressly accepted by the User.
- You agree to indemnify, hold harmless, and defend Bharati Web, its officers, members, employees, agents, and directors for any and all claims, demands, causes of action, debt, liabilities, damages, costs, or expenses, including costs and reasonable attorney fees arising out of or in relation to your use of the Service, your violation of a term or provision of this Agreement or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify Bharati Web will survive the termination or failure of this Agreement and your use of the Service.
- The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of the terms of the relevant Web Site/ Service.
- The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these terms.
- The Company does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.
- As way of example and without limitation, the Company shall not be liable for any damages that may result from:
- Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not the Company’s responsibility.
- Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
- Third-party actions.
- Unavailability of the Website and the Services due to maintenance or software updates.
- Any other event beyond the Company’s direct control.
Limitation of Liability