Terms of Service, 1Checkout
- This Agreement does not alter in any way the terms or conditions of any other agreement You may have with us, or our subsidiaries or affiliates, for Services or otherwise. If You are using the 1Checkout’s services on behalf of any entity, You represent and warrant that You are authorized to accept these terms on such entity's behalf, and that You agree to indemnify us for violation of this Agreement.
II. Use of 1Checkout
- A condition of the User’s use of the checkout services by using the 1Checkout platform by the Company (the “Services”) is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to not avail the Services by opting or checking out via 1Checkout.
- You acknowledge and agree that You will not:
- reproduce or attempt to reproduce the checkout services via 1Checkout.
- modify, adapt, translate or create any derivative works of 1Checkout or attempt to do the foregoing.
- attempt to circumvent or disable 1Checkout or any technology, features or measures in the checkout services by any means or in any manner.
- attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for 1Checkout.
- distribute, encumber, sell, rent, lease, sub-license 1Checkout to any third party.
- violate the security of any computer network, crack any password or security encryption codes relating to 1Checkout.
- run any form of auto-responder or spam on the Services which interferes with the proper working of 1Checkout Services
- Launch or use any automated system, including without limitation, “robots,” “ crawals”, “spiders,” that accesses the Services in any manner.
- access or use the Services in any manner that could damage, disable, overburden or impair any of the Company’s servers or the networks connected to any of the servers on which 1Checkout is hosted.
- remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on 1Checkout or used in connection of 1Checkout.
- disrupt or interfere with the security of, or otherwise cause harm to, the Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Services/products or any affiliated or linked sites.
- post, transmit or make available any material that contains viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent.
5. This Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872;
- the Information Technology Act, 2000 (the “IT Act”);
- the rules, regulations, guidelines and clarifications framed under the IT Act, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);
- the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”); and
- the Consumer Protection Act, 1986.
III. Submission of information
- If You allow a third party access to 1Checkout’s Services on your behalf, You shall ensure that the said third party is bound by and abides by the terms of this Agreement.
- The Company authorizes You to access 1Checkout solely for the purpose of using the Services.
- The Company reserves the right, at its sole discretion, to suspend Your ability to use or access the Services at any time while the Company investigates complaints or alleged violations of these Agreement, or for any other reason. Further, it shall also have the ability to prohibit or restrict You from using the Services, in its opinion, feels that You are misusing 1Checkout in any manner whatsoever.
IV. User Covenants
- You agree and represent that You are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to use the Services. In the event a minor uses 1Checkout and the related Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of its Services and 1Checkout platform. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria.
- You shall at all times, while using the Services comply with all applicable laws and regulations necessarily required to procure the Services from the Company and that the Company shall not be liable for any of Your unlawful acts while using the Services.
V. Intellectual property rights
- All the intellectual property used on 1Checkout by the Company shall remain the property of the Company. You agree not to circumvent, disable or otherwise interfere with security related features of 1Checkout.
- The Company does not provide or make any representation, warranty or guarantee, express or implied about the Services.
- The Company shall not be liable for any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the inability to use or performance of the Services. This shall extend to the loss suffered by You due to delay or inability to use the Services.
- The Company shall not be responsible or liable in any manner to You for any losses, damage, injuries or expenses incurred as a result of the use of 1Checkout in any manner.
- It is agreed and acknowledged by You that to the fullest extent permitted by law, in no event shall the Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of User content or any other content available on 1Checkout, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of 1Checkout, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from 1Checkout, and/or (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through 1Checkout by any third party whether or not the Company is advised of the possibility of such damages.
- If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
IX. Term and Termination
- This Agreement will remain in full force and effect while You use 1Checkout in any form or capacity and all other provisions of this Agreement shall continue to be in full force and effect.
- The Company reserves the right to terminate Your access to 1Checkout and this Agreement in the event of breach of any terms contained in this Agreement, misrepresentation of information, any unlawful activity or is unable to verify or authenticate any information that You submit to the Company.
- Clauses under the headings Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution, and Notices shall continue and survive the termination of this Agreement.
X. Dispute Resolution and Governing Law
- This Agreement and any contractual obligation between the Company and You will be governed by the laws of India, subject to the exclusive jurisdiction of courts at Bengaluru, India (Bangalore).
- All disputes will be subject to arbitration at Bengaluru in English by a single arbitrator appointed by You and the Company under the Arbitration and Conciliation Act, 1996.
- The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the terms of Service or the right to use 1Checkout by the Users contained herein.
- The Company hereby disclaims all representation(s) and/or warranty(ies), either express or implied, including without limitation, warranties of fitness for particular purpose, title, non-infringement. In addition, thereto the Company makes no representations, warranties or guarantees that the Services shall be free from any error, loss, destruction, damage, corruption, attack, viruses, interference, hacking, other security intrusion,
- The User cannot assign, delegate or transfer these Terms or its rights or obligations hereunder in any way (by operation of law or otherwise) without the Company’s prior written consent. The Company is free to transfer, assign, or delegate these Terms and its rights and obligations without the User’s consent.
- All notices and communications shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/ facsimile, with due acknowledgment of complete transmission to the following address
XV. Questions and Contact Information
- Questions or any feedback about the Services may be directed to the Company and You may contact us at email address: firstname.lastname@example.org