This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Get Expand’s service via Get Expand Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("you" or "your") and Get Expand Limited, a company incorporated under the Companies Act 1956 with its registered office at Building M, 501-B, Palm Court Complex, Besides Goregaon Sports Club, New Link Road, Malad (W), Mumbai 400 064 ("Get Expand" "we," or "our") that governs your use of the search services offered by Get Expand through its website www.getexpand.com ("Website"), telephone search, SMS, WAP or any other medium using which Get Expand may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").
CHANGES: We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
HOW YOU MAY USE OUR MATERIALS: We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the Platforms content, Get Expand is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.
Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Get Expand.. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by Get Expand, its subsidiaries, parent companies, and/or any third party owner of such rights.
HOW YOU MAY USE OUR MARKS: The Get Expand company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from Get Expand or it's wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the Platforms must bear any copyright, trademark or other proprietary notice located on the respective Platforms that pertains to the material being copied. You are not authorized to use any Get Expand name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Get Expand. Requests for authorization should be made to firstname.lastname@example.org
REVIEWS, RATINGS & COMMENTS BY USERS:
Since, Get Expand provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your ("Users") use any of the aforementioned medium to post Reviews, Ratings and Comments about the Get Expand services and also about the Advertiser's listed at Get Expand is subject to additional terms and conditions as mentioned herein.
You are solely responsible for the content of any transmissions you make to the Site or any transmissions you make to any mediums offered by Get Expand and any materials you add to the Site or add to any mediums offered by Get Expand, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you(the "Communications"). Get Expand does not endorse or accept any of your Communication as representative of their (Get Expand) views. By transmitting any public Communication to the Site, you grant Get Expand an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
You confirm and warrant that you have the right to grant these rights to Get Expand . You hereby waive and grant to Get Expand all rights including intellectual property rights and also "moral rights" in your Communications, posted at Get Expand through any of mediums of Get Expand. Get Expand is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by your Friend's tagged by you. Also Get Expand reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
Get Expand has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating or Comments. Get Expand cannot review all Communications made on and through any of the mediums of Get Expand. However, Get Expand reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which Get Expand in its sole discretion deems inappropriate, offensive or contrary to any Get Expand policy, or that violate this terms:
Get Expand reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
- is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
- constitutes or contains false or misleading indications of origin or statements of fact;
- slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
- causes injury of any kind to any person or entity;
- infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
- violates any applicable laws, rules, or regulations;
- contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonates another person or entity, or that collects or uses any information about Site visitors.
It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings and Comments, then Get Expand reserves right to take appropriate legal action against you. Further, you shall indemnify and protect Get Expand against such claims or damages or any issues, due to your posting of such Reviews, Ratings and Comments Get Expand takes no responsibility and assumes no liability for any content posted by you or any third party on Get Expand site or on any mediums of Get Expand.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of Get Expand.
Get Expand communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms Get Expand has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.
All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms .
Get Expand reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with Get Expand. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.
Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by Get Expand or its affiliates. Get Expand does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by Get Expand.
Get Expand and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Get Expand will at no point of time be responsible for the accuracy or correctness of such information. Get Expand reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).
Get Expand also reserves the right to impose/change the access regulations of the Platforms , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.
While every attempt has been made to ascertain the authenticity of the content in the Platforms, Get Expand is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.
Please remember that any provider of goods or services is entitled to register with Get Expand. Get Expand does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. Get Expand has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.
Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. Get Expand disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.
THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GET EXPAND DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. GET EXPAND DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GET EXPAND DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
DISCLAIMER for "Get Expand/GE Verified stamp, GE Trusted Stamp", "Get Expand GUARANTEE" and "Get Expand’s Right"
"Get Expand/GE verified" means, the information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any advertiser with Get Expand. This verification is solely based on the documents as supplied by an advertiser/s or as per the details contained in Customer E-Registration Form.
"GE Trusted Stamp" indicates that the identity & information of the vendors/services, viz., name, address, contact details, business name has been verified on best effort basis, as existing, based on the documents/information furnished by the vendors/service providers. “GE Trusted Stamp” are also allocated to the vendor’s/service providers considering user’s reviews/ratings or any other criteria.
Get Expand strongly recommends to its users/callers to verify all relevant details of vendors/services prior to availing any products/services from them. Get Expand does not implicitly or explicitly endorse any product/s or services provided by the vendors/service providers.
The "Get Expand Guarantee" and "Get Expand’s Right" is a limited assurance offered by Get Expand that the name and contact information of the advertiser and the category in which the advertiser is listed by Get Expand, have been verified as existing and correct at the time of the advertiser's application to register with Get Expand. Get Expand makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.
Users using any of Get Expand service across the following mediums ie. through internet ie www.getexpand.com Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with Get Expand.
All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and Get Expand does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Get Expand .Further, Get Expand is not at all responsible for any act of Advertiser/s listed at Get Expand.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL GET EXPAND BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF GET EXPAND ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. GET EXPAND DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.
THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIRD PARTY SITES:
MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Platforms. Get Expand may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platforms . However, anyone using the Platforms agrees that Get Expand may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. Get Expand reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions. DELETIONS FROM SERVICE: Get Expand will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. Get Expand reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of Get Expand, may be, defamatory, infringing or violate of applicable law. Get Expand reserves the right to exclude Material from the Platforms. Materials submitted to Get Expand for publication on the Platforms may be edited for length, clarity and/or consistency with Get Expand's editorial standards.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Get Expand. Get Expand reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Get Expand reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Notices. All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: Get Expand Limited, Building M, 501-B, Palm Court Complex, Besides Goregaon Sports Club, New Link Road, Malad(w), Mumbai 400 064.
Force Majeure. In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure. Indemnification. You agree to indemnify us and the Distribution Sites and hold us and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features. Telephone Conversations. All telephone conversations between you and us about your advertising may be recorded and you hereby consent to such monitoring and recordation. Arbitration: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Mumbai, India.
Entire Agreement. These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.
In relation to any complaints or concerns, you can email to us at "email@example.com" .
GE PAY TERMS OF SERVICE are a legally binding agreement between Merchant (hereinafter referred to as “You”), and Get Expand Limited (hereinafter referred to as "Get Expand"), and apply to your use of GE PAY Services. Get Expand offers a payment service solution that allows users to make a payment for goods or services.
It is important that you read and understand these Terms as they govern your use of the GE PAY Services. These Terms contain a binding arbitration provision, which affects your legal rights and may be enforced by the parties. By accessing or using the GE PAY Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately stop using the GE PAY Services.
We may amend these Terms at any time by posting a revised version on www.getexpand.com or any other website we maintain for purposes of providing the GE PAY Services. Amended Terms are effective at the time we post them and your continued use of the GE PAY Services constitutes your acceptance of any amended Terms. We may notify you regarding upcoming Terms changes by us.
By clicking on the “I AGREE” button or a similar affirmation, or by acknowledging acceptance of the Agreement by any other method allowed by Get Expand, or by using or accessing the GE PAY Services through any means permissible including, without limitation via a computer or a mobile application, you acknowledge and agree that: (i) you have reviewed and understands the Agreement; (ii) you agree to be legally bound by the terms and conditions of the Agreement; and (iii) your use of the GE PAY Services will be governed by this Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this Agreement, you should not click on the “I AGREE” button and should not seek to obtain or use the GE PAY Services.
- GE Pay Services: Get Expand provides GE Pay Services to Merchants to facilitate receipt of payment for goods or services, which may include, but are not limited to, receipt of online payment by debit/credit card, QR Code payment, and/or via email or text message, as well as by other means developed by Get Expand from time to time.
- Authorization: shall mean the process by which Payment Gateway Service Provider, Issuing Institution and/or the relevant Card Association electronically or otherwise convey the approval of a charge on a Transaction being undertaken by a Customer. It is agreed that the payment transaction made by Consumer would be considered received and confirmed only after the successful confirmation/acknowledgement from the Payment Gateway Service Provider.
- Customer: shall mean person who is intending to purchase goods and services and willing to make the online payment to Merchant.
- Proof of Delivery: shall mean the customer acknowledges to Merchant an electronically generated/physical acknowledgement, return receipt, message, etc. for the receipt of the goods or services.
- Services: means GE Pay services provided by Services Provider to Merchant under the terms of this Agreement.
- Transaction: means dealing between the Merchant and the customer regarding purchase of any goods, item or service offered by the Merchant and its payment vide GE Pay Services.
- Customer Data: Data (identifying number, location and all other data as may be collected by, or available with Merchant in connection with or related to such Persons) relating to the Customers who used and/or attempted purchase products/services form Merchant.
- Financial Institution Partners: shall mean various banks, financial institutions, Card Associations, payment system providers who are defined and licensed under the Payment and Settlement Systems Act, 2007.
- Financial Institution Partners Services: shall mean the payment gateway system and services provided by the Acquiring Banks such as to (i) route internet based Valid Card transactions; (ii) offer various facilities through the internet, including Net Banking facilities; (iii) provide Authentication and Authorization from Card Associations or other third party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the customers.
- Card Association(s): shall mean any of Visa, MasterCard, Visa Electron, Maestro, Diners, American Express or any other card association as may be specified by us from time to time.
- Card Association Rules: shall mean the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed or adopted by any Card Association
- Merchant Bank Account: shall mean the bank account maintained and nominated by you for settlement of your Settlement Amount.
- Settlement Amount: shall mean Customer Charge minus the TDR and any other charges/fees payable by you to Get Expand under this Agreement.
- Chargeback: shall mean reversal of the value of the Customer Charge with respect to any Transaction, inter alia, on account of (i) alleged forgery of the card number /bank account or other details (ii) any charge/debit made on a card that has been listed as a hot listed card or otherwise listed on the Card association warning bulletins (iii) duplicate processing of the transaction; or (iv) for other reasons as per applicable rules and guidelines issued by RBI, Card Associations, Acquiring Banks and Issuing Institutions. In addition, it shall include any debit to Get Expand bank account to recover the value of the Customer Charge in the event that you have insufficient funds and/or you fail to pay for the same.
- Proof of Delivery: shall mean sufficient legitimate records evidencing Delivery of the Product to the Customer.
- Get Expand offers a GE Pay Services that, amongst other things, allows users (i) to make a payment via payment gateway links which shall be sent on their email/sms; (ii) scan QR Codes placed on invoices, web pages, emails, posters or other media produced by the Merchant to enable the Users to quickly and easily (i) register with and/or log in to the Merchant's website; and/or (ii) make payments to the Merchant.
- The Merchant for the purposes of GE pay services is required to register with Get Expand to be able to receive the Services. The Merchant may not receive the Services (including processing any Transactions) until it has been so authorised by Get Expand. By clicking on the check box Merchant agrees that it has read and understood this Terms of Service.
3. SCOPE OF SERVICES:
- The Merchant is desirous of availing GE Pay Services in order to accept the payments online from Customers for Services / Products purchased by them (Customers) from the Merchant or its agents.
- Get Expand hereby grants Merchant a right to access and use the GE Pay Services and to utilize systems, and/or communication links furnished by Get Expand in accordance with this Terms of Service and any other implementation and use requirements provided to Merchant by Get Expand from time-to-time.
- Merchant shall not misuse, rent, lease, assign, or otherwise transfer the GE Pay services to any other Person. Merchant may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from or included in the GE Pay services/System. All rights, title and interest to the GE Pay services are owned exclusively by Get Expand.
- Get Expand shall perform the Services with reasonable skill and care.
4. ELIGIBILITY :
While using GE Pay Service, you represent and confirm that:
- You are 18 (eighteen) years of age or older;
- You are Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India;
- You are not 'incompetent to contract' within the meaning of the Indian Contract Act, 1972; and
- You are entering into and performing this Agreement, as per applicable law and are not a person debarred from using the GE Pay Service under the laws of India or other applicable laws.
- GE Pay Service can only be used in India. You acknowledge that Get Expand Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.
5. OUR RELATIONSHIP WITH MERCHANT :
- Get Expand facilitates individuals and legal entities in accepting payments initiated by their customers on their website or mobile application directed to the Get Expand Site or through Get Expand’s IVR System, using Valid Cards, Net Banking and various other acceptable modes of Payment Mechanism provided by Get Expand.
- GE Pay is a software application. Get Expand will act as an intermediary, by creating a link between the Merchant and the respective Financial Institution by means of the Software Application and Get Expand site, for enabling the Customers to make payment for the Transactions carried, using GE Pay Service. In order to serve in this role, we have entered into agreements with Financial Institution and other software providers who are in the business of providing information technology services, including but not limited to, internet based electronic commerce, internet payment gateway and electronic software distribution services, to enable use of internet payment gateways developed by them, to (i) route internet based Valid Card Transactions; (ii) offer various facilities through the internet, including net banking facilities; (iii) provide Authorization from Card Associations or other third party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the Buyers.
- These Transactions are between you and your Customers and we are only acting as an intermediary. We are not (i) a payment System Provider as defined under the Payment and Settlement Systems Act, 2007,(ii) a banking company as defined under the Banking Regulation Act, 1949 or (iii) a non-banking financial company as defined by the Reserve Bank of India Act, 1938.
- The relationship between Get Expand and you is on principal-to-principal basis. Nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between us hereto or any affiliates or subsidiaries thereof or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
- Get Expand has no connection or interest of whatsoever nature in your business or the Products offered/ marketed on the Merchant Site. Get Expand shall provide GE Pay Services to you, as an independent entity and under the terms and conditions of this Agreement. Get Expand has no relationship with the Customers and all actions under this Agreement which may affect the Customers are instructed by you. You alone shall be responsible to the Customers and neither Get Expand nor the Financial Institution or anybody connected to Get Expand or Financial Institution shall have any responsibility or liability towards the Customers and you shall keep Get Expand and Financial Institution fully indemnified for all times to come in this respect.
- Get Expand is neither concerned nor required to monitor in any manner the use of the payment modes by the Customers for procuring / availing the Products. The Customers should be required to use the payment modes at their sole option and risks. You shall be required to notify this responsibility to all its Customers under the instructions provided by Get Expand.
6. OBLIGATIONS OF GET EXPAND:
- In providing the Services, the Get Expand is acting as an Intermediary between the Merchant and Customers/Users. The contract for the sale of goods or services will be between the Customers/Users and the Merchant. The Merchant shall be solely responsible for all customer service issues relating to its supply of goods or services (including pricing, rebates, item information, availability, technical support, functionality, warranties, guarantees, order fulfilment, shipping, handling, order cancellation, returns, refund, adjustments, feedback and product or service complaints). In performing customer service, the Merchant shall present itself to its customers Get Expand Provider. It is the responsibility of the Merchant and not the Get Expand to resolve any dispute or claim raised by Customers/Users relating to the purchase or sale of goods or services from the Merchant.
- In case of an unauthorized Refund or a Refund that was incorrectly executed due to an error by Get Expand, Get Expand shall at the Merchant's request immediately credit to the Merchant Account the refunded amount including all related Service Fees deducted therefrom. The Get Expand shall not be liable, where the unauthorized Refund arises from: (a) the Merchant's failure to keep the personalized security features of the Merchant’s Account safe in accordance security policies prescribed under the law time being in force; or (b) any breach of this Agreement by the Merchant, or the Merchant 's negligence or willful misconduct; (c) if the Merchant fails to notify the Get Expand of any loss of the Merchant's Password or other event that could reasonably be expected to have compromised the security of the Merchant Account after the Merchant has gained knowledge of such event; or (d) the Merchant fails to dispute and bring the unauthorized or incorrectly executed transaction to the Get Expand’s attention within 24 (Twenty Four) Hours from the time/date of the transaction.
- Get Expand is obligated to perform only those duties expressly described in this Agreement. Get Expand shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact , except for as expressly provided for herein.
- Get Expand shall maintain daily transaction record for accounting purpose and data and information generated/maintained by Get Expand under this agreement shall prevail and be binding on the parties.
- Get Expand hereby agrees that the payment identification number generated by Get Expand shall be the proof of payment made by Get Expand to Merchant.
7. OBLIGATION OF THE MERCHANT
- Merchant shall be responsible for working with the Get Expand development team to make sure GE Pay Services are available subject to pre notified downtime of the system.
- Merchant will designate an Account to which all amounts due pursuant to GE Pay Services will be credited as per its terms and Conditions. Merchant shall be responsible for providing its accurate bank details to Get Expand. Get Expand shall not credit amounts due pursuant to GE Pay Services to the Merchant’s Account, until or unless Merchant shall not settle all disputes relating to payment or chargeback etc..
- Merchant hereby expressly authorizes Get Expand to initiate credit entries to Merchant’s Account for payment of amounts due to Merchant as per record and entries available with Get Expand, and to debit Merchant’s Account (for commission, payment gateway charges or any other charges) from time to time.
- Merchant hereby confirms to provide relevant information to Get Expand and to comply with applicable laws and industry rules or standards or as otherwise reasonably necessary to receive GE Pay services from Get Expand. m Merchant shall be required to submit the KYC documents as sought by the Get Expand from time to time or in compliance to statutory obligation for the purposes of availing services under this agreement.
- Merchant agrees to maintain Transaction records and retain proof of delivery of services from the customers for up to two (2) years from Transaction date and to make these records available to Get Expand upon request.
- The Merchant shall not offer to its Customer any Product or Services, which are illegal or offensive or banned as per the list provided in Annexure ‘A’ and/or is not in compliance with applicable laws, and regulations whether central, state, local or international of all jurisdiction from where the Customers avail the Products or Specified Purpose Services. The Merchant agrees and understands that Get Expand reserves the right to suspend payments to the Merchant or suspend the services of the Merchant, until such time that the Merchant does not discontinue selling such banned/illegal Products or uses the Funds collected for illegal, unlawful or banned purposes or does not conform with all applicable laws and regulations in force from time to time. In addition, Get Expand reserves the right to terminate this Agreement forthwith, in the event that the Merchant continues to sell such banned/illegal Products or uses the Funds collected for illegal, unlawful or banned purposes.
- Merchant acknowledges that with respect to Transactions, Get Expand will be acting as the payment facilitator to the Merchant.
- Merchant for any support or disputes can email at firstname.lastname@example.org, with brief details of the support required .
- Merchant shall not cause to be done any act/representation/omissions which results to loss of goodwill and damage to the reputation of Get Expand and vice versa.
- Merchant or any person on behalf of Merchant must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder, Money Laundering Law, Sales of Goods Act, Legal Metrology Act and any other law for the time being in force, and shall not do, or omit to do, any act that will cause Get Expand to be in breach of any such applicable law. If Merchant breaches the obligations, it shall indemnify Get Expand against any costs claims and liabilities arising as a result of the breach.
- Merchant shall take all such precautions and security measures to ensure that there is no breach of security and the integrity of the link and they have a proper encryption and robust security measures to prevent any hacking into the information of the customers and other data pertaining to customer/Get Expand. Merchant should have to do the following: use anti vires, protect the Password and Login ID, restrain from using Unlicensed or unmanaged applications, restrain from using third party links, and protect its devices and the data from unauthorized access etc.. In the event of any loss being caused as a result of the link being breached due to fraud, negligence and misconduct of the Merchant and any person on it’s behalf, the Merchant shall indemnify and keep indemnified Get Expand, from any loss as may be caused to it.
- Merchant shall provide such assistance for the prevention and detection of fraud in respect of any transaction as Get Expand may from time to time request.
- In the transaction between the Merchant and the Customers, Get Expand shall not be responsible for any defect in goods/services sold/provided by the Merchant. Get Expand shall not be deemed to be a party in respect of any such Transaction. Any and all disputes, subject to the other provisions of this Agreement, between the customers and Merchant in respect of any goods/services sold/provided by Merchant shall not require Get Expand to be a party to any such dispute except where the dispute between Get Expand and the Customer has arisen by the acts and omission of Get Expand.
- Merchant agrees that it shall provide to Get Expand the Customer Data relating to the Customers as defined under this agreement.
- The Merchant shall only accept Payments from and/or make Refunds to Customers/Users in connection with goods and/or services which the Merchant has sold and supplied to those Customers/Users;
- The Merchant shall only accept Payments and/or make Refunds in respect of goods and services the sale and supply of which commonly falls within the Merchant's business as identified to the Get Expand
- The Merchant shall only accept payments and submit data to Get Expand in respect of Transactions which Customers/Users have authorized in accordance with Applicable Law, the Agreement and any other information or instructions provided by Get Expand to the Merchant from time to time.
- The Merchant shall cooperate with the Get Expand and provide all information as the Get Expand shall reasonably require enabling it to provide the GE PAY Services;
- Merchant shall display the QR Code at significant location where it is easily visible to customers.
- The Merchant shall also be responsible for informing, updating the customer’s about the cancellation and refund policy and Get Expand shall not be responsible for the same in any manner.
- The Get Expand shall have no liability for any failure to provide or delay in providing the Services in accordance with the terms of this Agreement to the extent such failure or delay results from the failure of the Merchant to comply with terms or the Merchant has otherwise caused or contributed to the failure (by act or omission).
- Unless otherwise agreed by the Get Expand in writing, the Merchant acknowledges and agrees that it shall (at its own cost) be solely responsible throughout the Term for the provision of all equipment, software, systems and telecommunications facilities which are required to enable the Merchant to receive the Services.
- Merchant will comply, at its own expense, with all laws, policies, guidelines, regulations, ordinances, rules, and/or orders of any governmental authority or regulatory body having jurisdiction over the subject matter hereof, including, without limitation, terms of issuing Banks or/and terms of the Payment Gateway Provider. Get Expand reserves the right to amend, modify or change the Services documentation at any time. Merchant shall not use the Services in any manner, or in furtherance of any activity that may cause Get Expand to be subject to investigation, prosecution, or legal action.
- Merchant will comply, and will cause its employees, agents and sub-contractors to comply, with Data Protection Legislation in connection with the performance of its obligations under this Agreement. You are responsible for keeping your Account login information, password, and PIN secure.
- Your use of third party products and services shall be governed by and subject to separate third party product, service, software and/or license agreements. Get Expand shall not be a party to such third party agreements and does not warrant or guarantee any third party product or service.
- Merchant shall provide the correct personally identifiable information of its customers/end users including but not limited to name, address, contact no. etc to Get Expand in all respects. Get Expand shall not be responsible, for any loss, or damages, causes either to Merchant and/ or customers/end users, in any manner whatsoever, due to the incorrect/false personally identifiable information of customers/end users, provided by the Merchant and the Merchant shall not claim or challenge for the same.
- If you link a bank account with GE Pay, the bank must be a registered with RBI. When you make a payment that is funded by your bank, you are authorizing Get Expand and our Financial Institution Partners to initiate an electronic transfer from your linked bank in the amount you specify. You are solely responsible for complying with any terms set by your bank with respect to your bank account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you are entitled to a Reversal, refund, or other adjustment associated with a payment you made using the GE Pay Services, you also authorize Get Expand to credit your linked bank account to complete that transaction.
- You shall have the marketable and legal right and title to sell Products offered by it to the Customers by using GE Pay.
- In the event any Customer complaints or is dissatisfied with any Product, you shall take such measures as may be required to resolve the same at its sole cost and expenses.
- You shall ensure that the best service standards in the industry are adopted and shall ensure Delivery of all Products paid for on the Merchant Site to Customers in accordance with the highest standards.
- You shall be solely responsible for the accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the Products, which are offered by you.
- You hereby agree that it shall bear and be responsible for the payment of all relevant taxes, surcharge, levies etc. (including withholding taxes) in relation to the Customer Charge and GE Pay Services provided under this Agreement.
- In the event that you opt for GE Pay Services, you agree and understand that you and your Customers shall be bound by the terms and conditions at www.getexpand.com/terms.You shall ensure that you and all your Customers comply with the terms and conditions.
- You will not engage in any activity, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, Get Expand or Financial Institution Partners.
- You shall ensure to keep confidential, all information submitted by the Customers to you. The Customer shall not be required or asked to disclose any confidential or personal data, which may be prejudicial to interests of the Customer. You shall use the Customer data only for the purpose of completing the Transaction for which it was furnished, and shall not sell or otherwise furnish such information to any third party. You shall be liable to comply with existing data privacy regulations from time to time.
- You shall in writing inform Get Expand of all changes in its constitution, directors/partners/trustees, or change in the current addresses of each office, within seven (7) Business Days of such change having taken place listing out the names and details of the personnel in charge of your management and affairs. Such intimation shall be provided on your letterhead signed by your authorized signatory.
- You shall not engage in activities that harm the business and/or brand of Get Expand, the Financial Institutional Partners.
- You shall be responsible to resolve all customer disputes and provide whatever assistance necessary to assist the Financial Institutional Partners and Get Expand deal with all Customer disputes at its own cost.
- You authorize Get Expand to share Transaction data and Customer information with the respective Financial Institutional Partners.
- You agree that Get Expand reserves a right to suspend the payment and/or GE Pay Services provided herein, forthwith, in event you fail to observe the terms and conditions herein.
- You agree that Get Expand shall not be responsible for any incorrect information provided by Merchant and the transaction thereof.
- Merchant shall immediately inform Get Expand incase of any theft or lost of its instruments /mobile devices etc used for the GE Pay services. Merchant agrees that Get Expand shall not be responsible in the event merchants fails to inform about such lost/theft of instruments /mobile devices etc.
- You acknowledge and confirm that while accepting the payment using GE Pay, you shall not demand any Customer (Cardholder) to pay any surcharge, to pay any part of the discount, whether through any increase in price or otherwise, or to pay any contemporaneous finance charge in connection with the transaction in which a GE Pay is used. If at any stage it is brought to the notice of GetExpand / Bank that such a charge is being levied by you, then services will be immediately terminated by Get Expand or the Bank.
8. DORMANT ACCOUNTS
- If there is no activity in your Get Expand Account (including access or payment transactions) for a period of one (1) year, we may close your Get Expand Account.
- Your privacy is very important to us. Your accounts details in as much as the services under this terms of services are safe and secure with us.
- By using our Service, you may receive information about Customers. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the Customer.
10. OBLIGATIONS TOWARDS FINANCIAL INSTITUTION PARTNERS
- As you will be using the GE Pay Service, you undertake comply with all applicable rules, guidelines, instructions, requests and actions, etc., made by the Financial Institution Partners from time to time. The Financial Institution Partners may also put limitations and restrictions on you, at its sole discretion. In addition, the Financial Institution Partner has the right to reverse/reject settlement, suspend and/or terminate services, make inspections or inquiries in relation to the Transaction, etc. You understand and acknowledge that the Financial Institution Partners Rules form a part of this Agreement. In the event that your non-compliance of Financial Institution Partners Rules, results in any fines, penalties or other amounts being levied on or demanded of Get Expand by an Financial Institution Partners, then without prejudice to Get Expand’s other rights hereunder, you shall forthwith indemnify Get Expand in an amount equal to the fines, penalties or other amount so levied or demanded. If you fail to comply with your obligations towards the Financial Institution Partners, Get Expand may suspend settlement or suspend/terminate the GE Pay Services forthwith.
11. CONNECTIVITY AND INTEGRITY OF HOTLINK:
- You shall be responsible at your own costs for providing and maintaining all necessary equipment, software and facilities at your end so as to connect the GE Pay Service.
- You shall be responsible at your own costs for providing and maintaining all necessary equipment, software and facilities at your end so as to connect the GE Pay Service.
- You shall take all such precautions and measures as may be directed by Get Expand from time to time to ensure that there is no breach of security and the integrity of the link. You shall also ensure that there are proper encryption and robust security measures to prevent any hacking into the information of the Customers and other data. In addition to the above, you shall also comply with security practices and procedures as prescribed in the Information Technology Act, 2000 and the rules made thereunder and/or the RBI rules and Regulations. Any loss incurred to you, Get Expand or Financial Institution Partner as a result of the Hotlink being breached due to improper security on part of you, your employees, contractors, agents, etc, shall be borne solely by you and you agree to indemnify, defend and hold harmless Get Expand and the Financial Institution Partner from any claims, actions, damages or losses arising out or in relation thereto.
- Without prejudice to the generality of the aforesaid, you shall routinely and at such time intervals as may be specified by Get Expand check the integrity of the Hotlink and provide such reports from time to time.
- Merchant hereby agrees and confirms to include the name and logo of Get Expand/GE Pay Services in all of their advertisement / promotional material upon taking written consent from Get Expand in writing.
13. REPRESENTATION, COVENANTS AND WARRANTIES OF MERCHANT:
- Merchant has all the necessary licenses, permissions, approvals, rights and is fully authorized to sell the products/services to customers;
- Merchant has full corporate power and authority to execute, deliver and perform this Agreement;
- Merchant has obtained all licenses, clearances, permissions, approvals or consents from any third party or any regulatory or government body which are required by applicable law or regulations, to execute the business/services of this Agreement.
- Merchant confirms that, the execution of this Agreement and the performance of its obligations under this Agreement and the implementations of the terms and conditions contemplated hereby do not constitute a breach of any contract, agreement, arrangement or understanding, entered into by it with any third party, or any IPR of any third party;
- Merchant confirms that the execution of this Agreement and the performance of its obligations under this Agreement and the implementations of the terms and conditions contemplated hereby does not violate any statute, regulation, rule, order, decree, injunction or other restriction of any governmental agency or Court or any regulatory authority to which it is subject or any of the provisions of its’ constitutional documents;
- Merchant shall post its refund/cancellation policy on its Website and shall ensure that its Customers are bound by the refund/cancellation policy. Merchant agrees to put up such notices, disclaimers or warranties as may be required under the law and/or by GE.
- Merchant hereby agrees that Get Expand does not verify the identity of Users of the Service and that the information provided to Merchant is the information received from the User/customer which has not been independently verified by Get Expand.
- Merchant shall solve/reply all issues and queries pertaining to customers complaints to their satisfaction including the issues relating to the refund amount of cancelled transactions within 24 (Twenty Four) hours failing which Get Expand shall be entitled to debit the amount of such cancelled transaction from Merchant’s account without any further communication to Merchant.
- In consideration of Get Expand providing the services as provided under this agreement, Merchant shall at all times use the logo of Get Expand / GE Pay services in all their promotional material and in their advertisement after taking the written consent from Get Expand.
- In consideration for GE Pay Service, you shall pay Transaction Discount Rate (“TDR”). The TDR shall be deducted by Get Expand from the Customer Charge payable to you in respect of each completed Transaction. Get Expand reserves the right to revise the TDR periodically, and Get Expand will intimate you of any such change within reasonable time.
- In consideration for GE Pay Service, you shall pay Transaction Discount Rate (“TDR”). The TDR shall be deducted by Get Expand from the Customer Charge payable to you in respect of each completed Transaction. Get Expand reserves the right to revise the TDR periodically, and Get Expand will intimate you of any such change within reasonable time.
15. PAYMENT & SETTLEMENT TERMS:
- The GE Pay Services may enable the Merchant to receive immediate Payments from Users who authorize and initiate those Payments via payment gateway links or QR Code. When a User initiates a Payment, the Get Expand will process the Payment. Provided that the issuing bank authorizes the payment, Get Expand will credit the Merchant Account for the amount of the Payment less any applicable Fees. If the Merchant does not receive the payment, the Merchant shall immediately contact the Get Expand.
- Merchant is solely responsible for payment reconciliation of Transaction history with its actual Transactions. However, if Merchant find’s any discrepancy during reconciliation, Merchant agrees to notify Get Expand and Get Expand will promptly investigate and attempt to resolve any reported discrepancies. In the event of any dispute in the reconciliation/Invoice, Get Expand shall have a right to review and verify, the information provided by Merchant under this Clause based on the data and information available with Get Expand. It is hereby expressly agreed between Parties that in case of any discrepancy, the data and information generated by Get Expand shall prevail and be binding upon the Parties and the merchant shall not challenge the same in any manner whatsoever.
- Get Expand may suspend the processing of any Transaction / stop the payment to Merchant where Get Expand reasonably believes that the Transaction may be fraudulent or involves any criminal activity, until the satisfactory completion of the Get Expand’s 's investigation or that of any third party under Applicable Law. Get Expand may also initiate a Refund if a Payment is reversed by a court, regulatory authority or other third party acting in accordance with Applicable Law, (b) Get Expand , in its sole and absolute discretion, accepts or has reason to believe that a Payment was not authorized by the relevant User, or (c) a Payment is allegedly fraudulent, unlawful, suspicious, or in breach of this Agreement. In circumstances where the Merchant agrees to refund all or part of a Payment in connection with a purchase made by a User, the Merchant must initiate a Refund to that User.
- Get Expand may refuse to execute a Refund if it does not meet the conditions in this Agreement or is prohibited by law. If Get Expand does refuse to execute a Refund, within the time for processing the Refund, it will notify the Merchant (unless prohibited by law) of the refusal and, if possible, the reasons for it and the procedure for correcting any factual mistakes that led to the refusal. Any Refund that is refused will not be deemed to have been received for purposes of execution times and liability for non-execution or defective execution. In order to reclaim an unauthorized or incorrectly executed Refund on the Merchant Account, the Merchant must notify Get Expand without undue delay after becoming aware of the unauthorized or incorrect Refund and in any event no later than 7( Seven) days after the debit date of the Refund
- It is acknowledged and confirmed by Merchant that Get Expand may in future charge the commission percentage by notifying to Merchant.
- In the event of termination of this agreement, Merchant undertakes and confirms to pay all amounts of money that are due and payable to Get Expand within Two (2) days of termination of this Agreement. Merchant shall at all times be responsible for any expenses, cost, charges that may be incurred by Get Expand for providing GE Pay Services including but not limited to payment gateway charges, any fees or penalty imposed by payment gateway service provider or issuing institutions etc.
- Get Expand shall do the settlement of transaction amount with Merchant on every business day except Saturday, Sunday or any declared holiday. The amount of the Settlement Payment for any Settlement Period shall be the aggregate amount of the Payments made by the Customers/Users in such Settlement Period less the following amounts: (A) the aggregate amount of Refunds made during such Settlement Period plus the aggregate Refund Fees applicable to such Refunds; (B) the aggregate amount of Chargebacks (plus the applicable Chargeback Handling Fees) made in such Settlement Period; (C) the Settlement Fee (if any)/ payment gateway charges owed by the Merchant for such Settlement Payment; and (D) any other relevant Fees relating to such Settlement Period.
- Get Expand may defer any Settlement Payment: (A) if the amount of such Settlement Payment is less than the minimum Settlement Payment threshold that the Get Expand reasonably determines in the Get Expand’s 's sole and absolute discretion (of which the Get Expand will notify the Merchant from time to time), until the total Settlement Payment payable reaches that threshold; (B) where the Get Expand reasonably believes that a Transaction may be fraudulent or involves other criminal activity, until the satisfactory completion of the Get Expand 's investigation or that of any third party; or (C) without limit in amount or time, if Get Expand becomes aware or reasonably believes that the Merchant is in breach of or likely to be in breach of the Merchant's obligations under this Agreement.
- Get Expand may at its sole and absolute discretion deduct or withhold such sums from, or set-off such sums against, any Settlement Payment; and/or send the Merchant an invoice for any or all such sums, which invoice shall be payable in accordance with its terms.
- Get Expand will make the settlement of the amount in the Merchant’s bank account provided by the Merchant to Get Expand.
- Get Expand generates a successful transaction report daily at 00.00 hours through its system automatically and without any human intervention. The said transaction report is made available to the Merchant on regular basis. It is understood between the Parties that since the transaction report is generated automatically and independently, hence it shall prevail and be binding upon the Merchant and the merchant shall not challenge it any manner whatsoever.
- Merchant shall be liable to deposit all indirect taxes that may arise on orders/bookings placed by the Customer. Merchant agrees to indemnify Get Expand in case any demand of indirect taxes is raised by the revenue authorities including interest and penalty in relation to indirect taxes implications on the orders/bookings placed by the Customer under this agreement.
- Get Expand is only acting as a facilitator for receipt of payment of goods/services for Merchants. Get Expand does not maintain/deliver any goods at any point of time and property in goods does not pass to Get Expand under any circumstances. Get Expand is not responsible for issuing any invoice on the customer either directly or on behalf of the Merchant and not liable for any tax liability pertaining to this transaction except on commission income (if any) earned by it.
- Get Expand shall have no liability for any penalty, interest, fine or other charges due to the delayed or non-payment of any (applicable) taxes to the tax authorities under this agreement.
- You understand and acknowledge that at any time and from time to time, we may temporarily suspend or delay payments to you or require you to provide Get Expand with Reserve of such amounts as may be requested by Get Expand to secure the performance of your payment obligations under this Agreement for reason, including without limitation, high Chargeback risk, credit risk, refund overdraft risk, non-delivery issues, selling of banned items, non-payment of maintenance fees or other amount payable to Get Expand or any other indications of performance problems related to your use of the GE Pay Service. If you fail to provide Get Expand with Reserve within seven (7) days of receipt of notice for the same, Get Expand reserves the right to suspend and/or terminate the Settlement Amount payable you or the GE Pay Service without further notice. Get Expand may use this Reserve to set-off including but not limited to any Outstanding Amounts payable by you to Get Expand, Financial Institution and/or Customers.
- In case the Settlement Amount payable to you and/or the Reserve (if any) is not sufficient to cover your Outstanding Amount, then you shall pay Get Expand and/or the Financial Institution the remaining amount due immediately upon request. Get Expand shall be entitled to charge daily interest on such Outstanding Amount from the date of request until the date of payment in full, at the rate of 1.5% per month. Provided that the above right of Get Expand to appropriate the Reserve and set-off the Outstanding Amount in the above manner shall be in addition to and reserving fully the right of Get Expand to recover all such losses, costs and damages etc from you by any other means, which may be available to Get Expand under the law. In addition, you agree to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with the outstanding amount and the collection of same from you.
- The Merchant shall bear the risk of Chargebacks initiated in respect of Customers/Users. If a Chargeback is initiated, Get Expand will deduct from the Merchant Account the amount of the Chargeback plus the applicable Chargeback Handling Fee. The Merchant will provide such information and assistance as is reasonably requested by Get Expand to process, administer, challenge or dispute Chargebacks. If the Chargeback is successfully challenged by submitted relevant documents and reversed, Get Expand shall credit the Merchant the amount of such reversal and if Merchant is unable to defend the Chargeback then Get Expand shall deduct the amount from Merchant’s account and shall credit in the User’s account.
- Merchant hereby acknowledges that Issuing Bank/ payment Gateway service provider reserves the right to either accept or reject the chargeback of the Customer.
- In case of cancellation of transactions by the, refund process shall be as follows:
- The Merchant shall give intimation to Get Expand regarding details of transactions cancelled by the customers either by electronic mail or by letter.
- Get Expand shall not be liable for the calculation of cancellation charges which may be based on factors like terms & conditions of the Merchant selling the goods/services, the time of cancellation and the status of the transactions and shall accept the refund sent by the Get Expand as final in this regard. The Merchant shall provide the details and Get Expand will credit the amount of refund due to the customers.
- Get Expand shall reverse the debit entries in case of refund transaction from Payment Gateway Service Provider and shall in turn debit the Merchant with the amount of cancellation money as given by Get Expand and crediting the same to Customer.
- In case of fraudulent online purchase transaction done by Customer then it shall be resolved by Customer and the Merchant at the exclusion of Get Expand. The Merchant shall immediately inform the Get Expand.
18. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS:
- Both the Parties hereby acknowledge and agree that each Party is the absolute owner of all right, title and interest in respect of their own trade name, logo, trademark, copyright, device, label, colour combination, artwork and visual representation and they shall not, by virtue of this Agreement, assume activities under this Agreement or affiliation with the other Party, acquire or claim any interest in any such trade names or copyright belonging to and/or owned by the other Party.
- Each Party shall at all times, render assistance in its power to restrain the infringement, passing-off, duplication, unauthorized use or colorable imitation of any such trade descriptions, logo, device, label, art work, trade names, trademarks or Copyrights.
- Each Party hereby agrees and undertakes that it shall not register, use or file and/ or assist in and/ or allow registering, using or filing, either directly or indirectly, for itself or through, on behalf of or in conjunction with any person or legal entity and whether as principal, agent, shareholder, consultant, employee or in any capacity whatsoever, any trademarks/ service marks in any class, either alone or in combination with any other mark or material, which is similar and or identical and/ or resembling in any manner with the other party’s marks and/ or intellectual property rights of the other party and not to associate the other party marks and/ or intellectual property rights of the other party with its own business and/ or the business of any third party associated with it, except as contemplated under this Agreement.
- Upon the termination of this Agreement for any reason, the Parties shall immediately cease to use other party’s marks and/ or intellectual property rights vested in the other party in any manner whatsoever.
- Either Party shall not claim any right, title, or interest in the other party marks and/ or intellectual property rights vested in the other party and the same shall at all times continue to be the exclusive property of the other party.
- f. Either party shall not directly or indirectly do anything which shall have an adverse impact on the other party’s marks and/ or intellectual property rights and/ or confidential information of the other party. In the event of termination of this Agreement the provisions of this Clause 10 shall survive the termination of this Agreement.
- Except as specifically set out in this Agreement, no announcement or communication concerning the terms of this Agreement shall be made or caused to be made before or after the execution of this Agreement, by both Parties without mutual consent.
- Both Parties have agreed that, save and except with the prior written consent of the other Party:
- On and from the date of this Agreement, the contents of this Agreement and any documents, data, or information, which a Party may obtain from the other Party pursuant to this Agreement, or sensitive personal data and information defined under the Information Technology (reasonable security practices and procedure and sensitive personal data or information) Rule, 2011 (hereinafter referred to as "Confidential Information") shall be kept confidential and shall not be disclosed by either Party to any third party.
- Upon the expiry of the term of this Agreement or the termination of this Agreement, neither Party shall issue any adverse official written communication relating to such termination or the factum of this Agreement.
- However, the Parties may disclose such Confidential Information under following circumstances: (i) if it is essential for the assessment of the transaction to disclose Confidential Information, (ii) may disclose such Confidential Information to its employees, agents and advisors (including without limitation, attorneys, accountants, consultants, bankers, financial advisors, or their representatives) whose knowledge of the Confidential Information is essential for fulfilling its obligations under the Agreement; (iii) disclose the said confidential Information to lawful authority after getting the lawful order; & (iv) where the disclosure is necessary for compliance of a legal obligation. Subject to the aforesaid conditions, the Parties shall not under any circumstances disclose to any third party or to any other Get Expand the terms and conditions of this Agreement & all confidential Information, documents, manuals and other materials provided by the other Party, during the subsistence & survival of this Agreement.
- Upon the expiration, cancellation or termination of this Agreement, each Party shall forthwith stop using and, return or destroy all Confidential Information, documents, manuals and other materials provided by the other Party. Upon request, the receiving Party shall send disclosing Party a certificate specifying that all the Confidential Information, documents, manuals and other materials have either been destroyed or returned.
- In the event either Party violates or causes to be violated any of the provisions of this Clause during the term of this Agreement and after its expiry or sooner termination, the other Party shall, without prejudice to its other rights to claim injunctive relief, be entitled to claim from the Party in breach, and the Party in breach shall be liable to pay to the other Party as liquidated damages, compensation to the tune of actual amount of damages as determined and supported by proof of evidence, by the other Party. The above clause shall survive for the period of three years after the termination of the Agreement.
20. WARRANTIES AND INDEMNITIES:
- The Merchant warrants and represents that all information provided to Get Expand in the course of applying to use the GE PAY Service is true and accurate in every respect and the Merchant will keep all such information up to date during the Term.
- The Merchant warrants that it will conduct its business in the Territory and that it will only use the Services and/or receives Payments within the Territory. The Merchant warrants and represents that the sale and purchase of goods and services by Users/Customers and the integration of GE PAY meet all Applicable Law in the Territory and the provision of the Services by Get Expand will not contravene any such Applicable Law. If it is determined that such acts do contravene any Applicable Law, Get Expand may terminate this Agreement immediately.
- The Merchant shall indemnify and hold Get Expand/ Payment Gateway Service Provider harmless from and against any and all claims brought against Get Expand/ Payment Gateway Service Provider by Users/Customers or a financial institution or other third party, or which Get Expand may suffer or incur, to the extent such claims arise out of or in consequence of or in connection with: (A) a Transaction; (B) any security breach in relation to compromise or theft of Payment data held by the Merchant or on the Merchant's behalf; (C) a breach of the warranties clauses and; (D) a failure by the Merchant to comply with the requirements of a regulatory authority or Applicable Law;.
21. LIMITATION OF LIABILITY:
- This clause sets out the entire liability of the parties (including any liability for the acts or omissions of their respective employees, agents and sub-contractors) to each other in respect of: any breach of this Agreement; any use made by the Merchant or its Affiliates of the Services or any part of them; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement. In particular, and except as expressly stated in this Agreement: Get Expand makes no representations or warranties, express or implied, with respect to Merchant ability, fitness for a particular purpose or non-infringement; Get Expand does not warrant or guarantee that Merchant will achieve any level of sales, revenue or profit; Get Expand does not warrant or guarantee that the GE PAY Services will always be available or operate error-free, or that any errors, omissions or misplacements in the software will be corrected.
- Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence; fraud or fraudulent misrepresentation; the indemnification obligations; or any other liability that cannot be excluded by Applicable Law.
- Without prejudice to above clause: Get Expand’s 's total liability arising under or in connection with this Agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to an amount not more than the payment made by the customers/users in the one month immediately prior to the date on which the cause of action for such liability arose;
22. DISCLAIMER :
- THIS SERVICES ARE PROVIDED ON AN “AS IS, “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES. GET EXPAND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR -FREE. MERCHANT MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE SERVICES BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS, INCLUDING REPRESENTATIONS OR WARRANTIES OF ANY GET EXPAND EXCEPT AS EXPRESSLY SET FORTH HEREIN.
- GET EXPAND SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, OR TITLE WITH RESPECT TO THE SERVICES, OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT. MERCHANT UNDERSTANDS AND AGREES THAT GET EXPAND SHALL BEAR NO RISK WITH RESPECT TO MERCHANT’S SALE OF PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RISK ASSOCIATED WITH CHARGEBACKS OR FRAUD IN ANY MANNER WHATSOEVER.
- EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, MERCHANT EXPRESSLY AGREES THAT GET EXPAND SHALL NOT BE LIABLE FOR ANY LOSS (HOWEVER OCCURRING , INCLUDING NEGLIGENCE), ARISING FROM OR RELATED TO: (A) CUSTOMERS/MERCHANT’S FAILURE TO PROPERLY ACTIVATE, INTEGRATE OR SECURE ACCOUNT OR INCORRECT DETAILS ; (B) FRAUDULENT TRANSACTIONS PROCESSED THROUGH PAYMENT GATEWAY ACCOUNT(S); (C) DISRUPTION OF TRANSACTION SERVICES, SYSTEMS, SERVER OR WEBSITE BY ANY MEANS, INCLUDING WITHOUT LIMITATION, DDOS ATTACKS, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER TECHNOLOGY; (D) ACTIONS OR INACTIONS BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, GET EXPAND, PAYMENT GATEWAY SERVCE PROVIDER , PAYMENT PROCESSOR OR ISSUING BANK; OR (E) THE LIMITATION OF THE FUNCTIONING OF ANY TRANSACTION SERVICES OR SOFTWARE, HARDWARE, OR EQUIPMENT ASSOCIATED THEREWITH.
23. TERM :
- This Agreement shall remain in force continuously from the date of execution of this Agreement, until and unless otherwise terminated by either party by giving 30 (Thirty) days prior written notice to the other party. The duration may be reduced as mutually decided by both the parties.
24. TERMINATION :
- Each party shall have the option to terminate this Agreement at any time by giving 30 (thirty) days advance notice in writing to that effect to the other party.
- The Parties have right to terminate this Agreement forthwith by a notice in writing to the other Party, if other Party has committed any material breach of its obligations specified under this Agreement or has violated any law under which its right to business may cease and has failed to remedy the highlighting such breach or non-performance within one week.
- Each Party shall have the option to terminate this Agreement, by giving notice in writing, in the event that any other Party becomes insolvent, goes into liquidation or a liquidator is appointed to wind up the Company.
- This Agreement shall stand terminated automatically if the business of the merchant becomes illegal/unlawful/banned by the law of the land or if the Merchant indulges in any illegal act or practice that makes its business illegal/unlawful/banned or if any transaction has taken place which results directly or indirectly in Money Laundering activities or financing of terrorists activities. Get Expand shall not be liable for such activities/transactions and Merchant shall be solely responsible / liable for any action taken by any Government or regulatory authority.
- In the event of the termination of this Agreement either Party will, forthwith return all the signage, literature, banners, glow-signs and any such other promotional material to other party. The termination shall not affect any liabilities incurred by the either Parties prior to the termination of the Agreement or for acts performed during the pendency of the Agreement which may result in a dispute post termination of the Agreement nor any provision expressed to survive or to be effective on termination and the obligations set out in this clause shall remain in full force and effect notwithstanding termination.
25. GENERAL PROVISIONS :
- Assignment: Neither Party shall assign the obligations nor any of the benefits under this Agreement to any persons, firm or company, save and except with prior written permission from the other party.
- Waivers: No waiver by either party of any of their terms hereof or of any breach thereof shall constitute or be deemed to be a waiver of any such terms or of any breach in any other case whether prior or subsequent thereto.
- Force Majeure: Neither party to this Agreement shall be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of Get Expand, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.
If at any time during the term of this agreement the performance in whole or in part by any one of the parties, of any obligation under this agreement is prevented or delayed by reason of war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action or Act of God, the other party shall not be entitled to terminate this agreement neither shall any party have any claim for damages against the other in respect of such non-performance or delay in performance, provided notice of the happening of any such event/s is given by the affected party to the other within twenty one (21) days from the date of occurrence thereof.
- Arbitration: Any dispute or difference which may arise at any time between the parties, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties under this Agreement, shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed with mutual consent of the parties. Arbitration shall be held at Mumbai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The Agreement shall be governed by and construed in accordance with the laws of India. The courts of Mumbai, India, shall have exclusive jurisdiction in connection with this Agreement.
- Notice: Delivery of Notice: All notices or other communications required to be given hereunder shall be in writing and delivered either personally or by registered A.D. and /or mail, certified, return receipt requested postage prepaid, and addressed as provided in this Agreement or as otherwise requested by the receiving party. Notices delivered personally shall be effective upon delivery and notices delivered by mail shall be effective upon their receipt by the party to whom it is addressed. The Parties shall notify any change in address to the other party promptly. In case of failure to intimate the other Party about the change of address, the notice shall be served to the address mentioned in this agreement and shall be treated as properly served.
- Entire Agreement: This Agreement constitute the entire Agreement between Merchant and the Get Expand pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.
- Severability: If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.
- Variations of Agreement: No variation or amendment to this Agreement shall bind either party unless made in writing and signed by the duly authorized persons/officers of both the parties.
- Jurisdiction: It is mutually agreed between the parties hereto that any dispute or claim arising under this Agreement shall be subject to the jurisdiction of the Courts at Mumbai.
Banned/Prohibited list of Products and Services referred to in this Agreement is as mentioned herein below:-
- Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery an d other media); escort or prostitution services; website access and/or website memberships of pornography or illegal sites.
- Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
- Body parts which includes organs or other body parts.
- Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam).
- Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
- Child pornography which includes pornographic materials involving minors.
- Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection
- Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials
- Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
- Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
- Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
- Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
- Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction
- Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content
- Government IDs or documents which includes fake IDs, passports, diplomas, and noble title.
- Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property.
- Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
- Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.
- Offensive goods which includes literature, products or other materials that:
- Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
- Encourage or incite violent acts
- Promote intolerance or hatred.
- Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
- Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
- Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances
- Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications
- Securities which includes stocks, bonds, or related financial products
- Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
- Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products.
- Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
- Wholesale currency which includes discounted currencies or currency exchanges
- Live animals or hides/skins/teeth, nails and other parts etc of animals.
- Multi Level Marketing collection fees
- Matrix sites or sites using a matrix scheme approachc
- Work-at-home approach and/or Work-at-home information
- Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.
- Merchant providing services that have the potential of casting Get Expand and/or Payment System Providers in a poor light and/or that may be prone to ―Buy & Deny‖ attitude of the cardholders when billed (e.g. Adult material/ mature content/Escort services/ friend finders) and thus leading to chargeback and fraud losses.
- Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. Web-based telephony, website supplying medicines or controlled substances, website that promise online match-making).
- Businesses out rightly banned by law (e.g. Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance.
- Merchant who deal in intangible goods/ services (eg. software download/ Health/ Beauty Products), and businesses involved in pyramid marketing schemes or get-rich-quick schemes. Any other product or Service, which in the sole opinion of either Get Expand or Payment System Providers , is detrimental to the image and interests of either of them / both of them, as communicated by either of them/ both of them to Merchant from time to time. This shall be without prejudice to any other terms & conditions mentioned in this Agreement.
- Bulk marketing tools which includes email, lists, software, or other products enabling unsolicited email messages (spam).
- Web-based telephony/ SMS/Text/Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process /knowledge process services.
- Mailing lists.
- BY REGISTERING FOR OR USING GE PAY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE GE PAY SERVICES. As the GE PAY Services owned by Get Expand, hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Get Expand.
- When you use GE PAY Services provided by Get Expand, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to usage of GE PAY Services. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the GE PAY Services.
We may amend these Terms at any time by posting a revised version on www.getexpand.com or mobile site i.e., http://wap.getexpand.com/?m=1 any other website we maintain for purposes of providing the GE PAY Services. Amended Terms are effective at the time we post them and your continued use of the GE PAY Services constitutes your acceptance of any amended Terms. We may notify you regarding upcoming Terms changes by us.
- "Account" refers to the account created for a User as soon as he successfully completes the process of registering at www.getexpand.com, which contains information regarding his GE Pay Services, which permit payment and domestic money remittance as per RBI direction, as amended by RBI from time to time.
- "Customer" "or" "you" mean a person who has registered with Get Expand for availing the GE PAY Services and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the GE PAY Services.
- "Charge(s)" or "Service Charge" shall mean the charges which Get Expand may levy upon you in consideration for subscribing to the GE PAY Services.
- "Eligible" means satisfying the conditions of eligibility prescribed under these T&Cs.
- "KYC" stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which Get Expand is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be required by Get Expand from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the GE PAY Services.
- "GE PAY Services" allows its registered users to: a) to make a payment via payment gateway internet enabled links which shall be sent on their email/sms/links; or b) scan QR Codes placed on posters or other media displayed at Merchant’s establishment to enable you to quickly and easily make payment via method internet enabled links which shall be sent on their email/sms/links (i) register with and/or log in to the Merchant's website; and/or (ii) make payments to the Merchant, or (c) transfer funds to a savings or current bank account, or to make any valid transaction, upon completing the necessary formalities mentioned herein, or otherwise mention time to time.
- "Merchant" means any of the establishments listed on the webpage available at www.getexpand.com or at its portals which/who accepts payment through GE Pay Services for sale of their goods and services and with whom we have executed physical contracts. The list of Merchants available at www.getexpand.com
- may be revised by us from time to time without intimation to you.
- "Merchant Establishment" shall mean and include physical Merchant's shops, and any other outlet that has been authorized by Get Expand to accept payment using GE PAY Services.
- "GE Registered Users" mean any User who completes the necessary formalities as required for registration
- "Password" means the secret password used to secure GE PAY Services applications, without knowledge of which GE PAY Services will not be operable.
- "RBI" means the Reserve Bank of India.
- "Registration Form" shall mean the GE PAY Services Registration Form, as is required by Get Expand from the Customer at the time of Registration for availing and / or continuation of the GE PAY Services.
- "Transaction" means make a payment for purchase of goods or services at Merchant establishments or fund transfer to the savings or current bank account, or any other legitimate transactions.
- "Terms and Conditions of Service" or "T&Cs" refers to these terms and conditions of use of Get Expand's Services, and any future revisions of the same, which you are informed of via automated e-mail sent to Your Registered E-mail Address.
3. ELIGIBILITY TO USE THE GE PAY SERVICES
A. While using GE Pay Services, you represent and confirm that:
- You must be 18 (eighteen) years old;
- You are Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India;
- You must be an authorized representative with the authority to bind that company or entity to these Terms;
- You are not 'incompetent to contract' within the meaning of the Indian Contract Act, 1972;
- You are entering into and performing this Agreement, as per applicable law and are not a person debarred from using the GE Pay Services under the laws of India or other applicable laws.
- GE Pay Services can only be used in India. You acknowledge that Get Expand Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.
- We reserve the right to immediately terminate your Account if we have reason to believe that your Account is being used by any person who is not eligible, or for any other reason. We rely completely on your representation that you are eligible and will bear no liability if you or anyone who uses your Account or GE Pay Services is found to be not eligible.
4. REGISTRATION OF GE PAY- USER ACCOUNT
- To open an Account or to Use the Services, you must provide us with the following "Registration Data": a valid and functional e-mail address ("Registered E-mail ID"); a valid and functional phone number registered in your name ("Registered Phone Number"); a password; Valid Bank / Card details (for example, Bank Account No, IFSC Code, Bank Account No, Card No, Card Expiry details etc.) and any additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your Customer norms ("KYC Norms"), or as we deem fit.
- The Registration Data and any other information provided by you to us must be accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. Any liability for false, fictitious, inaccurate, not current or incomplete Registration Data provided by you will be borne solely by you and not us.
- You must keep password confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. Please do not share your Registration Data with any third parties as you will be solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through your Account and GE Pay, whether initiated by you or any third party.
- In order to protect the security of your Account and GE Pay, we require you to (a) immediately inform us at our Hotline No. 9503101118 & email us at email@example.com , of any unauthorized use of your Account and (b) to ensure that you log out of Your Account at the end of every session.
- In accordance with RBI Regulations to prevent money laundering and the funding of terrorism in India, We may suspend or terminate your Account with immediate effect if we have reason to believe that the Registration Data or any other data provided by you is incorrect, or that the security of your Account has been compromised in any way. Please note that in order to comply with RBI Regulations, we do not allow you to open more than one Account in association with the phone number registered in your name.
- In the event that you have forgotten the password to your Account, you may click on Forgot Password to request a new password. Based on our sole discretion and if we are satisfied that the identity of the applicant for a new password matches your identity, we will send an e-mail to your Registered E-mail ID, with instructions to reset your password ("Password Instructions"). You will be solely responsible for any transactions which occur through your Account once we send the Password Instructions to your Registered E-mail ID.
- In the event that you are unable to access to your Account for any reason other than forgetting your password, please inform us at our Hotline No. 9503101118 & email us at firstname.lastname@example.org and make a request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to you making a request for blocking.
- You may be required to provide additional information to allow us to verify your identity and/or your account information. We may also verify your information against third party databases or other sources and you authorize Get Expand to make such inquiries.
- You are responsible for keeping your Account information and password secure. If you share your Account credentials with another person, you are responsible for all activity they conduct using GE Pay Services, regardless of whether or not you authorized their activity. We will never ask you for your Account credentials.
- The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and Get Expand reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. Get Expand reserves the right to discontinue services/ reject applications for GE PAY Services at any time if there are discrepancies in information and/or documentation provided by you.
- Any information provided to Get Expand with the intention of securing GE PAY Services shall vest with Get Expand, and may be used by Get Expand, for any purpose consistent with any applicable law or regulation, at its discretion.
- Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our GE PAY Services.
- Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our GE PAY Services.
6. GENERAL CONDITIONS:
6.1. Use of GE Pay Services
- In order to access GE Pay Services, YOU/ Merchant is required to download Get Expand application , you may be required to provide information about yourself (such as identification, contact or payment details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to us will always be true, accurate, correct, complete and up to date. Any phone number used to register with our service needs to be registered in your name and you might be asked to provide supporting documents to prove the same.
- GE Pay Services allows you to make a payment to Merchant via payment gateway internet enabled links and/or QR Codes for the products and services purchased by you or transfer funds to the savings or current bank account of the person, after completing the necessary formalities mentioned herein or otherwise mention by Get Expand time to time.
- GE Pay Services also allows you to store your bank or credit account information with Get Expand for making the instant payment without re-entering that information or sharing it with third parties. GE Pay Services is encrypted and secure and your information is safe with us. GE Pay Services cannot be used to hold or store money and Get Expand does not hold or store any of your funds. Get Expand does not have control of, or liability for, any goods or services that you pay for using the GE Pay Services. Get Expand does not guarantee the identity of any Vendors, sellers, and does not guarantee that a transaction will be completed.
- You may also choose to make the payment to Merchant through GE Pay Services, for the products and services purchased by you or Fund Transfer by using your valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment. You shall be bound to use your own credit / debit and/ or any other payment cards, online banking accounts to make payment via GE Pay Services. Get Expand shall not be liable and responsible for any credit/debit or any other card frauds, misuse of your card or any unauthorized payment transactions which has been processed by Bank / third party payment processor.
- When you choose to make the payment or transfer funds to the savings or current bank account of the other person through GE Pay Services, you have to submit the complete bank details of the recipient of money such as Bank Account No, IFSC Code, and/or any additional information that is necessary to complete the transaction or RBI may prescribe time to time. If you would not submit the bank details of the recipient of money, we will not process your transactions or funds will not transfer to the bank account of the recipient.
- When we receive payment instructions from you to pay a Merchant or to any Users or person, you authorize and order us to commit your payment to that Merchant or to another Users or Person. This authorization will remain in effect as long as you maintain an Account with us.
- In the event that you are having any issues in goods or services which is including but not limited to cancellation, refund, pricing, warranty, guarantee or you are not satisfied with the goods or services provided to you by a Merchant for any reason, we recommend that you report the matter to the Merchant in question. Please note that Get Expand is an are intermediary and are not responsible for the goods or services provided by Merchants and cannot be involved in any disputes between a Merchant and User regarding the same.
- You accept and acknowledge that payment processing is hosted by a third party payment processor and usage of such payment processing shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time.
- You agree and confirm to comply with the terms and conditions of the Merchant from whom you are taking the services/products and thereafter making the payment to them via GE Pay Services.
- Get Expand facilitates payment solutions to the Users to make a payment to Merchant or Transfer Fund. In the case of commercial transactions Get Expand is acting as an intermediary, which enabling users to make a payment to Merchant through GE Pay Services. All commercial terms are offered by and agreed to between you and Sellers alone. Get Expand does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of any commercial terms between the User and Merchant.
- In order to use the GE Pay Services, you must link you bank account/card details, to GE Pay Services. When you make a payment to Merchant or Transfer Fund using the GE Pay Services, you are authorizing us to initiate an electronic transfer from your linked bank account in the amount you specify. You are solely responsible for complying with any terms set by your bank with respect to your bank account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you receive a payment from Merchant or Fund Transfer via GE Pay Services or are entitled to a reversal, refund, or other adjustment associated with a payment or Fund Transfer made by you using the GE Pay Services, you also authorize a credit to your linked bank account to complete that transaction.
- If you make payment for a purchase using the GE Pay Services or using for Fund Transfer, fund will be transferred to Merchant/ Users instantly.
- Get Expand does not provide any endorsements or guarantees for any individual or entity using the GE Pay, nor any third party offers, goods or services featured on our websites. Information regarding third party offers, goods, and services is provided on our websites for informational purposes only, and may not be true, accurate, or reliable.
- Information provided by Get Expand or otherwise obtained from the Website will not be used for any unauthorized and unlawful purpose;
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Get Expand, unless you have been specifically allowed to do so in a separate agreement with us;
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
- You agree that you are solely responsible for (and that Get Expand has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Get Expand may suffer) of any such breach. GE PAY Services is not transferable.
6.2. 'One Tap' Feature:
By availing the complete 'One Tap' feature, you will be able to process your payment requests made using your debit or credit card stored with us by simply selecting the faster checkout saved card and clicking the "Make Payment" button. The One Tap feature may be divided in two parts:
- Faster Checkout option: When you enter your debit card/debit card details for the first time while making a payment, we will provide you an option to save such card details for faster checkout. If you select the ‘One Tap Checkout’ option (currently name as One Tap Checkout), you understand and agree that we will save your card details in a manner compliant with our PCI DSS certification. For the next time when you make a payment using the Services, you will not be required to enter your card details. You can simply click on the saved card, while making a payment request and your payment instructions will be sent to the Payment System Providers for authentication, authorization and processing. The second part ‘auto-read OTP’ option is currently only available on our android mobile application.
- Auto-Read of One Time Password ("OTP"): OTP is a one-time password, which is provided by your issuing bank in order to carry out the second factor authentication of your debit/credit card. If you register for our 'One Tap' feature, you understand that we will be able to retrieve your OTP from the message received on your mobile and populate and submit the OTP on the issuer’s page for second factor authentication of your debit/credit card. In order to avail the entire ‘One Tap’ feature, you may go to the payment page and save the card for One Tap Checkout.
You understand that you have agreed to select the 'One Tap' feature in whole or in part at your own risk and for your convenience. You agree that we are only acting as your technology intermediary and eliminating the need for you to manually enter your card details or OTP. All information and instructions received from your Card will be deemed to have been authorized by you and we shall not be liable for any unauthorized use of your Cards or any unauthorized transactions made using the whole or any part of the 'One Tap feature'. It is to be clarified that the 'One Tap' feature doesn't avoid the two-factor authentication system, it only provides a technology platform which eliminates the need of manual typing of card details and OTP by you. We emphasize that we are not involved in the authentication, authorization and processing of you payment request and only facilitate you in sending such payment instruction to the Payment System Provider.
In the event that your device (mobile, tablet, laptop, etc.) is stolen/lost or your suspect any unauthorized use of your debit/credit Card, please ensure you go to the payment page of GetExpand App and de-activate the 'One Tap' feature immediately. You should also inform us of the same after de-activation at email@example.com. In the event that you have de-activated the 'One Tap' feature and informed Get Expand of the same and thereafter an unauthorized transaction is made, Get Expand’s service provider will take responsibility for the same provided that you provide us with adequate information that the transaction was not made by you or any person that you know. Get Expand’s service provider shall determine that legitimacy of the claim at our sole discretion.
- Currently, we do not charge you to use the GE Pay Services. However, your mobile network operator may charge you to access the GE Pay and you are responsible for these charges.
- Please note that in future GE Pay Services may be chargeable at the discretion of Get Expand, in the form and manner prescribed for such payment. Get Expand may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.
8. YOUR INFORMATION
- When you use the GE Pay Services, we will send your information (including, where applicable, your encrypted payment card details) from the GE Pay server to the third party payment services provider.
- By using GE Pay Services you agree to receive promotional SMS/Emails from Get Expand or its associates, agent or partners.
- The Get Expand reserves the right to use your Information in order to contact you in the future in relation to marketing any other products or services offered by the Get Expand, any of its related group companies or participating merchants.
9. YOUR OBLIGATIONS
- GE PAY Services availability is subject to the maintenance of an active mobile phone, internet connection with an associated telecom provider and Bank / Card Account. GE PAY Services availability is subject to the maintenance of a mobile phone handset and other application on which Services run and the Customer is solely responsible for all liability arising from the unavailability of Services due to a mobile handset or internet service provider not supporting any GE PAY Services channel or application.
- You must ensure the availability of sufficient funds before executing any Transaction from your GE PAY Services.
- You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of GE PAY Services. In case the Password is lost or misplaced, you shall promptly inform Get Expand by calling at the customer care numbers where after the Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/ SIM card associated with your GE PAY Services is lost/stolen/misplaced/ no longer in your control; you shall promptly inform Get Expand. Get Expand will upon receipt of such information block the relevant account.
- You shall intimate Get Expand about change in your address, if any, in writing along with such proof of address as per the KYC documents.
- You shall not use GE PAY Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, Get Expand policy or public policy or for any purpose that might negatively prejudice the goodwill of Get Expand.
- You acknowledge and understand that GE PAY Services are linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the Services.
- Information submitted by you for availing GE PAY Services and/or information submitted while using GE PAY Services may be shared with third parties by Get Expand, inter alia, to facilitate the provision of GE PAY Services.
- You shall ensure that the Services are not used for Transactions in foreign currency. GE PAY Services is issued & shall be valid only in India and shall be used at Merchant Establishments only in India.
- Without limiting the foregoing, you agree that you will not use the Get Expand Site to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; Infringes any patent, trademark, copyright or other proprietary rights; contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment; Advertises or offers to sell any goods or services for any commercial purpose; is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; Violates any law for the time being in force; Belongs to another person to which you do not have any right to; Interferes with or disrupts Get Expand's websites, servers, or networks; Impersonate any other person; Harm minors in any way; Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites; Engage in any illegal activities; Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.
- You shall not misuse, rent, lease, assign, or otherwise transfer the GE Pay services to any other Person. You may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from or included in the GE Pay services/System. All rights, title and interest to the GE Pay services are owned exclusively by Get Expand.
- You will only use the GE Pay services for your own purposes and not on behalf of any other person or entity;
- You and all payments initiated by you will comply with all laws, rules, and regulations; and you will not use the GE Pay, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the functionality of the GE Pay services.
- You will not breach these Terms or any other applicable terms or policies;
- You will not engage in illegal or fraudulent activities. You will not engage in transactions involving illegal goods, including but not limited to counterfeit goods, stolen goods, illegal or controlled substances, and substances that pose a risk to consumer safety, counterfeit services, illegal gambling, and money laundering, purchase, sale, or exchange of Virtual Currency, or provide a Virtual Currency marketplace or exchange;
- You will not attempt to receive or actually receive duplicate compensation for a disputed payment from the Merchant, Get Expand, and/or your bank; or
- You will not engage in activity that indicates, in Get Expand's sole discretion, that there may be a high level of risk associated with you, or your Account activity. The use of any GE Pay that has connectivity to the Internet or any external network poses an increased risk, and you assumes all liability for such increased risks.
- You will fully cooperate with Get Expand in complying with the laws.
- You shall liable for data security breach and credit card information if you fail to protect the data and information. You shall protect your data.
- You must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder and any other law for the time being in force, and shall not do, or omit to do, any act that will cause Get Expand to be in breach of any such applicable law. If you breach the terms of this agreement, you shall indemnify us against any costs claims and liabilities arising as a result of the breach.
- You shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and shall not misuse communication device or computer resource of Get Expand, without its permissions, and further use the said devices for cheats by personation.
10. REFUNDS POLICY
Get Expand shall process a refund, when a valid authorization and presentment was previously processed and the Users subsequently either cancelled the transaction or returns the goods, or wishes to refund the amount in cases of services not rendered, or to rectify any transaction processing error, or services/goods is not delivered within prescribed period of your completion of the transaction, then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page, containing the complete details of the said disputed transactions such as date, time, order/transaction numbers, account number etc..
For processing a refund, the users shall present a refund request to Get Expand along with all the required detail to identify the previously authorized and settled transaction and Get Expand shall process the refund within 5 (Five) working days from the date the refund request is received. The refund request must describe the failed / returned / rejected / cancelled transactions or merchandise were returned, services cancelled or adjustment made.
The funds have to be credited back to the same source from where these were received, and not by cash or any other mode. In case of any users’ complaint regarding non- refund for failed transactions and/or non-credit for successful transactions shall be dealt by the Bank. Any complaint about credit not being given to Users should be dealt with conclusively and bilaterally by the remitting and beneficiary banks as per its Policy.
Note: Get Expand is not responsible for any wrong purchase or recharge for an incorrect mobile number or DTH account number or fund transfers in an incorrect bank account or any unauthorised payment by users. You are sole responsible for the accuracy, authenticity of information pertaining to the goods/services or the payment credentials while using the GE Pay Services.
11. SECURITY AND UNAUTHORISED PAYMENTS
- We give you the opportunity to choose a password to gain access to the GE Pay Services itself or to various features within the GE Pay Services. As long as the correct Password is entered (or if you elect not to use a Password), we will assume that you are the person giving instructions and making payments or fund transfer and you will be liable for them. You must therefore choose a secure Password that is not easily guessed by another person, keep the Password is secret and make sure that it is not stored in a way that enables others to access it or impersonate you. In addition, for the avoidance of doubt, if you disclose the Password to any person whom you authorise to access the GE Pay Services, you are also responsible and liable for any access, use, misuse or disclosure of your Password by such person.
- If you become aware of a payment being made via the GE Pay Services that was not authorised by you or if you lose the device on which the GE Pay is installed, disclose your Password to a person unauthorised by you, or believe that someone else can use the GE Pay by impersonating you, you should inform us immediately and we will disable the payments feature of the GE Pay until you re-enter your payment card details in the GE Pay. Unless and until you provide such notice:
- you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
- we will not be responsible for any unauthorised access to confidential information about you in the GE Pay.
- We can refuse to act on any instruction including where we believe an instruction: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; (iv) if we believe the GE Pay is being used for an illegal purpose; or (v) may harm our reputation.
- You agree to fully cooperate with us, affiliates, payment gateway service providers, Banks, merchants, regulatory authorities and the police where you or we suspect there have been Unauthorised Payments in respect of the GE Pay Services.
12. OUR OBLIGATIONS
- When you use the GE Pay Services, we are acting as an intermediary to assist you in concluding the purchase of goods or services from participating merchants or to make the payment successful to the recipient . When you purchase goods or services from participating merchants, the contract for the sale of those goods or services will be between you and the merchant.
- You understand and agree that the Get Expand shall not be responsible for the outcome of your transactions with external merchants via the GE Pay Services. We do not have control, nor shall we be liable for, the legality of, or the use of, the goods and services that are paid for using the GE Pay Services.
- Get Expand shall not be responsible for any fraudulent transaction by any person in any manner whatsoever.
- Get Expand shall not be responsible for any chargeback, refunds or cancellation of products or services.
- Get Expand will take adequate encryption and security measures to maintain the data secured generated and it shall maintain high standards in relation to providing secure services to you.
- Get Expand is not responsible for any non-performance or breach of any contract entered into between you and Merchants. Get Expand cannot and does not guarantee that the concerned Merchants and/or You will perform any transaction concluded via GE Pay, Get Expand shall not and is not required to mediate or resolve any dispute or disagreement between Merchants and You.
- Get Expand is only providing a platform for the purposes of transaction and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between you and Merchants. At no time shall Get Expand hold any right, title or interest over the products nor shall Get Expand have any obligations or liabilities in respect of any transaction between you and Merchants. Get Expand is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable etc.
- It is the responsibility of you and the relevant Merchants, not us, to resolve any dispute or claim raised by you relating to any payments or fund transfer made via the GE Pay Services. We may, however, initiate a refund if (a) a payment made via the GE Pay Services is reversed by a court, regulatory authority or other third party acting in accordance with applicable law, (b) we, in our sole and absolute discretion, accept or have reason to believe that a payment was not authorized by you, or (c) a payment is allegedly unlawful, suspicious, or in breach of this Agreement. Where you have a dispute with Merchants, we will provide information we hold, which may assist resolution and otherwise attempt to assist you as far as we consider practicable. We may charge you an administration fee to cover our reasonable costs of providing any such assistance.
- Get Expand is as an independent entity under the terms and conditions of this Agreement. Get Expand has no relationship with Merchant. You alone shall be responsible and neither Get Expand nor the Bank or anybody connected to Get Expand shall have any responsibility or liability. Get Expand is neither concerned nor required to monitor in any manner the use of the payment or fund transfer modes by you. You should be required to use the payment modes at their sole option and risks.
13. CONSENT TO COMMUNICATIONS AND TRANSACTIONS:
By registering to use of GE Pay Services, you consent to conduct transactions and receive communications, notices and information from us electronically or otherwise, whether sent by e-mail or other means. Communications shall be deemed to have been received by you when we send the communication to the email address/mobile number that as per our records, or when we post the communication on Get Expand website. You can withdraw your consent at any time by contacting us, but we reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.
14. YOUR USE OF OUR INFORMATION
Except for Posted Information that you submit, all of the information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Get Expand's proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in the Website and the Services not expressly granted by us to you are retained by Get Expand.
15. TERMINATION/SUSPENSION OF SERVICE
- We may suspend or terminate your access to the GE Pay Services without notice where it is reasonable for us to do so and specifically if: (i) for any reason we decide to discontinue to provide the GE Pay, (ii) we believe that you have breached any of the terms of this Agreement, (iii) your use of the GE Pay has been in any way improper or breaches the spirit of this Agreement, (iv) we reasonably believe use of the GE Pay may be at risk of fraud or misuse; (v) our information technology infrastructure has failed, is experiencing outages or requires maintenance; or (vi) ordered or recommended to do so by the security services, court or a relevant regulatory authority.
- Get Expand reserves the right to suspend/discontinue GE PAY Services to you at any time, for any cause, including, but not limited, to the following-
- For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document
- For any suspected discrepancy in the particular(s), documentation or registration Form provided by you;
- To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
- If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
- If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
- If the mobile connection with which your GE PAY Services is related ceases to be operational or in your possession or control.
- If Get Expand believes, in its reasonable opinion, that cessation/ suspension is necessary.
16. THIRD PARTY INFORMATION ON THE WEBSITE
- As some information appearing on the Website is provided to Get Expand by third parties, Get Expand will have no liability in respect of any loss or damage arising from third party information which appears on the Website, including the manner in which the information is displayed or information which may be: Out of date; Inaccurate; Duplication; Impersonation by a person to be another person.
- All dealings and communication arising from Get Expand's facilitation of interaction between Merchant and users will be between the Merchant and users only and Get Expand is not responsible in any manner for any communication between the users and the Merchant, and has no liability in respect of such dealings whatsoever. Get Expand is not an agent for any of the Merchants listed on this Website and Get Expand has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or quality of service provided by a Merchant.
17. ADDITIONAL T&Cs
- When you acquire goods, software or any other services from a Merchant Establishment through any of Get Expand's Services, you understand and agree that, Get Expand is not a party to the contract between you and the Merchant Establishment. Furthermore, Get Expand is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that Get Expand shall not be responsible or liable for any deficiency in goods and/or services purchased using GE PAY Services. This exclusion of liability shall apply even for goods and/or services made available by Get Expand under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
- Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by Get Expand in any circumstances.
- In the event of any dispute, Get Expand records shall be binding as the conclusive evidence of the Transactions carried out through use of GE PAY Services.
- Get Expand shall send all customer communications by SMS and/or email/link and the SMS/link/email shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
- You agree to receive all commercial message including transactional messages from Get Expand.
- WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
- THE GE PAY SERVICES IS PROVIDED "AS IS" "WHERE IS", "WITH ALL FAULTS" BASIS. WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SATISFACTORY QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE OFFERED THROUGH THE GE PAY.
- WE MAKE NO WARRANTY THAT THE OPERATION OF THE GE PAY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS ,OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS THEREIN.
19. LIMITATION OF LIABILITY:
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER GET EXPAND, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).
20. INDEMNITY: You agree to indemnify, defend and hold Get Expand and/or related parties harmless from any and all claims, losses, damages, and liabilities, penalty, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the GE PAY Services, any breach of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.
21. COMPLIANCE WITH LAW: Get Expand shall comply with the laws as applicable for the time being in force.
22. CONFIDENTIALITY: You specifically agree that in order to facilitate the provision of GE PAY Services, Get Expand may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.
23. INTELLECTUAL PROPERTY RIGHTS: The Get Expand hereby grants you the non-exclusive, non-transferable right to use our GE Pay services in accordance with this Agreement. We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights ("IP Rights"), in and to the website, the Usage Data or GE Pay services. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the GE Pay to create a competing product. You hereby acknowledge that by using the GE Pay services, you obtain no rights in the software, trademarks or content related to the GE Pay and you may only use the same in accordance with this Agreement. Unauthorized use is strictly prohibited. All rights are expressly reserved to Get Expand.
24. SYSTEM COMPLAINTS AND DISPUTE RESOLUTION: For Redressal of disputes/complaints you can email to us at firstname.lastname@example.org, with brief details of your complaint . Our customer service staff will acknowledge and redress your complaint on best effort basis.
25. ARBITRATION: Any dispute or difference which may arise at any time between the parties, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties under this Agreement, shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed, at the sole discretion, by Get Expand. Arbitration shall be held at Mumbai, India. The proceeding of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The parties irrevocably agree that the Agreement shall be governed by and construed in accordance with the laws of India and the courts of Mumbai, India, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement and waive any objection to such personal jurisdiction based on forums non-convenience or any other basis.
26. FORCE MAJEURE: Get Expand shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by technical issue, server malfunction, war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of Get Expand, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.
- We reserve the right to modify or terminate the GE Pay Services at any time, without notice, and we will not be liable to you as a result of any such action.
- Get Expand shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.
- This Agreement constitute the entire Agreement between Merchant and the Get Expand pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.
- The Parties to this Agreement are independent contractors and nothing in this Agreement shall make them joint ventures, partners, employees, agents, associates, affiliates or other representatives of the other party hereto.
- To the maximum extent permitted by law, you waive, release, discharge and hold harmless Get Expand, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform/ GE PAY Services.
- If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.
- No variation or amendment to this Agreement shall bind either party unless made in writing and signed by the duly authorized persons/officers of both the parties.
- In this Agreement and unless otherwise stated, "we", "us" or "our" refers collectively to the Get Expand and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
- GERR Certificate is issued to the Vendor whose business is listed with Get Expand and they have expressed their interest in availing the GERR certificate. The GERR Certificate denotes User's Choice to those Vendor who has user rating of more than 4 stars from 30 (thirty) or more users on their listing as visible on Get Expand portals.
- Vendor without any star rating and denoting "GE Certified" to those Vendor who doesn't have any user's star ratings on their listing visible on Get Expand portals.
- The term "GE Certified" with star rating certify that ratings given by the Users on Get Expand portal is/was there for the respective Vendor as on the date of issuance of the GERR certificate. The term "GE Certified" without any star ratings certify that the user has not given any star ratings by the user on Get Expand portal.
- The details of the Vendor ' business listing updated on Get Expand platforms is on the basis of the representation made by the Vendor at the time of availing the GERR certificate. However, Get Expand by providing GERR Certificate does not explicitly or implicitly gives any warranty of any kind or endorses any product/s or services provided by Vendor/business entity.
- Once a GERR Certificate is issued, Get Expand has no obligation to keep the Business Entities' under surveillance during the Term. GERR Certificate is not a recommendation or advice from Get Expand in relation to entering (or not entering) into any transaction/dealings with the Vendor by any Third party or any one.
- The Vendor agrees to pay a non-refundable Fee for availing the GERR Certificate from Get Expand. The Fee for GERR Certificate as determined by Get Expand shall be paid by the Vendor, as per the payment plan opted by them.
- Get Expand allows the Vendor/business entity to make the payments on the following modes: (i) Cheque; (ii) Demand Draft; (iii) RTGS (Real Time Gross Settlement); (iv) ECS (Electronic Clearing Service); and, (v) CCSI (Credit Card Standing Instruction) (vi) NACH (National Automated Clearing House). It is hereby clarified that Get Expand does not encourage/prefer that payments be made in cash. Any cash payments made by the Vendor/business entity shall be at the sole risk of the Vendor/business entity, without any recourse to Get Expand.
- The Vendor can pay the fee, either by way of upfront payment (payment of entire fee), or by way of the easy monthly instalments payment options. If Vendor choses to pay the fee by paying monthly instalments, under such payment scheme the vendor shall be liable to pay the initial amount of 25% of the total fee (including applicable Tax) at the time of confirming the order. The remaining payment can be paid through the payment mode as mentioned herein-above. It is hereby clarified that if vendor choses to pay the fee by way of monthly instalments under such payment scheme the GERR certificate shall be issued only after the receipt of the first monthly payment and initial amount of 25% of the total fee including applicable Tax.
- The Vendor undertakes to honour all the payments as per the payment plan opted by him. The Vendor/business entity unconditionally agrees that Get Expand shall reserve its right to present the payment mandates i.e. ECS/CCSI/ NACH any number of times to recover its just dues /balance payments.
- The Vendor/business entity further unconditionally agrees that if the Vendor/business entity fails to honour all/any payments, Get Expand shall have the right to recover its just dues/balance payments from the vendor by initiating the appropriate actions and/or legal proceedings without any further notice or at the peril/risk of the vendor/ business entity.
4. The Vendor upon the receipt of the GERR Certificate shall satisfy itself about the details visible on GERR Certificate. If Vendor have any concerns in relation to GERR Certificate then the same shall be raised maximum within 45 (forty five) days from the date of the receipt of the GERR certificate from Get Expand. Any concerns received from Vendor after 45 (forty five) days shall not be entertained by Get Expand.
5. The Vendor shall not use, misrepresent, make any changes to, obliterate or tamper with GERR Certificate or present any part of either of them out of context. The Vendor shall not make multiple copies of the GERR Certificate issued by GET EXPAND. Any such act of using or displaying of the GERR Certificate at more than one location by any Vendor without the permission of GET EXPAND would immediately give GET EXPAND the authority to claim such amount as was originally charged to such Vendor to whom the GERR Certificate ) was issued for the first time. GET EXPAND will also be at liberty to take appropriate legal action as it deems fit against such Business Entities.
6. THE VENDOR SHALL NOT EDIT, ENLARGE, COPY OR CREATE ANY CERTIFICATE(S) OR TRANSFORM THE CERTIFICATE(S) IN ANY FORM/ MANNER WHICH IS SIMILAR TO THE CERTIFICATE (S) PROVIDED BY GET EXPAND TO THE BUSINESS ENTITIES. ANY SUCH ACT OF VENDOR WILL LEAD TO CONFISCATION OF THE GERR CERTIFICATE (S) ISSUED TO VENDOR ALONG WITH THE COPY OF THE GERR CERTIFICATE(S) WHICH IS USED BY THE BUSINESS ENTITIES. GET EXPAND WILL ALSO BE AT LIBERTY TO TAKE APPROPRIATE LEGAL ACTION AS IT DEEMS FIT AGAINST SUCH BUSINESS ENTITIES.
7. The GERR Certificate (s) would carry the star ratings that are given by the Users by way of review and their user experience with such Business Entities. GET EXPAND has no role to play in terms of influencing or increasing or decreasing the star ratings given by the User to such Business Entities.
8. The Vendor are prohibited and warned not to indulge in any manner of influencing the ratings to be given to their business listing at GET EXPAND portal, by deploying fake Users to give a rating to such any Business Entities' business Listings. Vendor understands that any Advertisement of the GERR Certificate (s) through any medium is strictly prohibited. GET EXPAND reserves to take appropriate legal action as it deems fit, against any such act done by the Business Entities.
9. The Ratings in the form of stars to be displayed on the GERR Certificate (s) are based on the User review and User experience at the relevant point of time when the GERR Certificate (s) was issue to the Business Entities. The Ratings given are susceptible to change, post issuance of the GERR Certificate, as the same is purely based on User review and User experience over which GET EXPAND has no control. It is clarified that, the Business Entities’ Product and Service to their customers/users play a very vital and critical role in the Ratings that are finally given to such Business Entities.
10. Term and Termination
11. Consequences of Termination
12. Intellectual Property Rights
13. No Liability
GET EXPAND assumes no liability or guarantee to the accuracy, completeness or actuality of Ratings given to any Business Entities. The Ratings as given on the GERR Certificate (s) would hold good as per the User review and User experience at the relevant point of time. Such Ratings are solely the statements of opinion of each User as of the date they are expressed. No such rating by way of number of stars given in the GERR Certificate and as displayed on the GET EXPAND website is to be deemed as recommendation to place an order or purchase a Product or avail any Service of any Vendor listed with GET EXPAND. GET EXPAND has no obligation to update any information. GET EXPAND does not act as a rating agency for recommending any Product or Service of the Vendor who listed with GET EXPAND. GET EXPAND is not obliged to ensure which User post review or express their User experience with respect to the Product or Service of any Vendor listed or who are availing the Services of GET EXPAND.
The Ratings given by any User of the GET EXPAND Service is provided "as is" with no express or implied warranties, representations, endorsements or conditions with respect to the GERR Certificate (s) and any information contained therein (the information contained therein, in the GERR Certificate, including without limitation, usefulness, completeness, accuracy, timeliness, reliability and fitness for a particular purpose or use) which is issued by GET EXPAND to it’s Business Entities. Furthermore, GET EXPAND does not represent or warrant that the Product or Service of any Vendor listed at GET EXPAND will meet the User’s requirements and needs. Under no circumstances GET EXPAND shall be liable to the Vendor or the User for any loss (including, without limitation, lost income or lost profits and opportunity costs), damage, liability or expense suffered which is claimed to result from access or use of Ratings given to any Vendor based on which if anybody avails any Service or purchases any Product of Vendor listed at GET EXPAND. Decision to use or avail any Product or Service of any Vendor listed at GET EXPAND is at User's sole risk.
Vendor shall defend, indemnify, and hold harmless Get Expand, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by Get Expand (including, without limitation, reasonable attorneys' fees and expenses) arising out of or in relation to or in connection with:
- By reason of any infringement of any intellectual property rights;
- Anything done or omitted to be done by the Vendor due to its negligence, default or misconduct of the Vendor or any of its officers, directors, employees or agents.
- Any third party claims
16. Disputes Resolution
The relationship of the Parties is on a "principal to principal" basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create with limitation any partnership, joint venture, employment or relationship of principal and agent between the Parties hereto or between the Vendor and the representatives and employees of Get Expand or between Get Expand and the representatives and employees of the Vendor or to provide either of the Parties with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
18. Survival of Information
All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the registered office addresses. Notices may also be sent through emails, however, such emails must be followed up with a physical notice at the above mentioned address within a period of ten (10) days.
21. Governing Law and Jurisdiction:
1.1 This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Get Expand's service via Get Expand Portals. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872
1.2 This Terms of Service is entered between Get Expand Limited (hereinafter referred to “We”, “Our” or “Us”) and Vendors/Business entity (hereinafter referred to “You” or “Your”). You confirm that by applying, accepting, using our B2B Market Place Service (“Service”) indicates your acceptance of all the terms and conditions of this agreement, which has been clearly read, understood and accepted by you. We reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It’s your responsibility to review these Terms periodically for updates/ changes. Your continued use of our service following the posting of changes will mean that they have accepted and agreed to the revisions.
2. SERVICES: Get Expand is launching new B2B market place service for your business and creating digital catalogue & website for your business so that it can help you to promote your products and services through Get Expand’s portal so that the users can directly access your products & services and check out the products & services whenever they want to. This gives user the convenience and they can decide to buy your products & services when they feel the desire or the need. Therefore, this digital catalogue may help you to increase your business in an effective way.
3. FEE: Get Expand may create digital catalogue for your business, free of cost as of now for your B2B Market Place service. However Get Expand reserves the right, at its sole discretion, to determine the cost of its service as and when it requires.
4. YOUR'S REPRESENTAION, WARRANTIES & OBLIGATION:
4.1.1 you are a bona fide business organization carrying on business in relation to the itemsdisclosed in digital catalogue;
4.1.2 you have the rights to use the trademarks of business name,product images, and other details specified in digital catalogue;
4.1.3 the business carried on by you do not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by you; and
4.1.4 all information provided about yourself to Get Expand is and shall at all times be accurate, valid and complete and you shall be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by you to us) to Get Expand.
4.2 You acknowledge that you shall be solely responsible for all materials/information and its use of Get Expand for creating for digital catalogue. You confirm that you are the absolute owner of product images, specifications, descriptions & other details for creating digital product catalogues and you have granted the unfettered right to use your business details, product images, specifications, descriptions & other details for creating digital product catalogues & website for your business. Your business details are visible on our portals. You agree that nothing in its materials/information of digital catalogue will be false, misleading, defamatory, harassing, or threatening, will constitute unfair competition or unfair commercial practice, will violate any applicable Law, or will infringe or misappropriate the Intellectual Property Rights of any third party. You are solely responsible for the activities of any contractor, representative, or any of its agents or other persons acting on your behalf in connection with this term. You will ensure that you shall comply with all applicable Law, including Law related to data protection and privacy
4.3 You acknowledge & accept that it is your responsibility to update information pertaining to your business, products/services using the online edit option available in your listing and keep Get Expand updated in this regard. In the event the relevant information is not updated accurately, you would, by default, be bound by the explanation or description of the product/service or any other details of your business communicated by Get Expand to the Users or any other third party.
4.4 You undertake to provide a copy of the licenses/ registrations or any other documents including but not limited to valid Identity cum address proofs, as required by you to run the business.
4.5 You acknowledge that Get Expand is basically a local search proving directory service and do not seek any fulfilment of the product / services delivered or not, and it is your responsibility to deliver the goods & services. You acknowledge that we are not responsible for the goods or services, or any dispute between you & end users. It is your responsibility to resolve any dispute or claim raised by end users. In case of any disputes you shall hold Get Expand saved and harmless from any such actions or claims that may be initiated against it. You shall also indemnify and hold indemnified Get Expand at all times against all such actions and claims
4.6 You hereby undertake that during the term, you will not directly or indirectly mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert, authorize any third party to generate automated, fraudulent or otherwise invalid enquiries, clicks or conversions, ratings, reviews, or solicit any users of Get Expand by means of providing discounts, gift coupons, or use any automated means or form of scraping or data extraction to access, query or otherwise collect listing service related information; or misuse Get Expand’s portals in any manner whatsoever. Any such conduct will lead to an immediate action and Get Expand at its discretion will initiate proceedings against you before appropriate forum.
4.7 It is your sole responsibility to keep the id/password/login id safely so that no one can misuse it and do the changes in the listing visible on Get Expand portals to cause any wrongful harm to Get Expand or its users. You represent that in event the loss is caused due to your negligence, then you will bear the entire loss and Get Expand shall not be responsible for the same.
4.8 The content is protected by copyright, trademark and other intellectual property rights, as applicable. You must not and must not permit anyone else to copy, store, adapt, modify, transmit the Content, or to distribute the Contents of digital catalogue available on our portal.
4.9 You are solely responsible for any transactions of any kind entered into between you and third parties accessing or acting in reliance on the Service. You must ensure that you shall comply with all consumers and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which apply to you.
4.10 You are responsible for the security and proper use of all user identities in connection with the Service and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.
4.11 You must immediately inform us if there is any reason to believe that a user ID or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way. We reserves the right to suspend user ID and password access to the Service if at any time we consider that there is or is likely to be a breach of security.
5. GET EXPAND'S OBLIGATIONS:
5.1 Get Expand reserves the right to vary the contents of digital catalogue from time to time by adding, removing or modifying content as Get Expand thinks fit, and does not guarantee or warrant that any particular item or items of content will be available at any given time.
5.2 The digital catalogue is protected under the intellectual property rights, as applicable. You must not permit anyone else to copy, store, adapt, modify, transmit the digital catalogue, or to distribute the digital catalogue to third parties, without written permission from Get Expand.
5.3 You must ensure that you shall comply with all consumers and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which apply to you.
5.4 We will provide you with the Service as per the terms of this agreement and with the reasonable skill and care of a competent service provider. We will use reasonable endeavours to provide uninterrupted Service, but from time to time faults may occur, which we will repair as soon as reasonably practicable, but occasionally for operational reasons change the technical specification of the Service or for any other reason beyond our reasonable control suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency. Service will be restored as soon as possible.
6. DISCLAIMER & LIMITATION OF LIABILITY:
6.1 To the fullest extent permitted by law, Get Expand disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, Get Expand disclaims all guarantees 4 regarding the services and digital catalogue. You understand that there may be errors in the services. Get Expand will not be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for your indemnification obligation. Get Expand is also not liable for any claim owing to any misrepresentation of the information pertaining to you so long as the information exhibited/ communicated by Get Expand conforms to the Information made available by you or any person on your behalf
6.2 Once the Digital Catalogue contents/materials are approved by you or any person on your behalf, Get Expand does not warrant or guarantee the accuracy or completeness of any of the Catalogue Content or any further information or results which may be derived from you. You acknowledge that it is your responsibility to evaluate the accuracy and completeness of the Catalogue Content. In particular you acknowledge that Get Expand is not entitled to rely on any contents/materials of Digital Catalogue of your business as approved by you and that the use of the Catalogue Content for any purpose is at your sole risk.
7. INDEMNITY: You shall defend, indemnify, and hold harmless Get Expand, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses incurred or suffered by Get Expand (including, without limitation, reasonable attorneys' fees and expenses) arising out of or in relation to or in connection with:
7.1 Breach of any provision of this Terms or non-performance of any of its obligations;
7.2 By reason of any infringement of any intellectual property rights;
7.3 Any representation and warranty given by You to Get Expand under this Terms being found to be untrue, false or incorrect; or
7.4 Anything done or omitted to be done by you due to its negligence, default or misconduct of you or any of your officers, directors, employees or agents
7.5 Any third party claims
8. OWNERSHIP: The ownership of the product images, specifications, descriptions & other details of digital catalogue shall be vested with you. However the ownership of digital catalogue shall be vested with us. Ownership of the Product(s) excluding the software will pass to you. The Product(s) will appear in in the name of your business. In the event of threatened seizure of the Product(s) or any other restrictions, you will immediately notify us and we may take appropriate action in this regard
9. INTELLECTUAL PROPERTY RIGHTS: All intellectual property rights in:
9.1 Get Expand Brands.
10. TERMS & TERMINATION: If you breach any conditions of the Terms or Get Expand receives any complaints against you from any one or for any other reasons, Get Expand shall have right to terminate this agreement forthwith and you shall immediately stop using our service. In addition to the termination, Get Expand also reserves the right to initiate appropriate legal proceedings in the event of any material breach of the terms & conditions as stipulated herein.
11. FORCE MAJEURE: If either of the party is unable to perform any obligation under this contract because of any event beyond the party's reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, epidemic or pandemic (whether or not involving employees of either party) or acts of local or central government or other competent authorities. Neither Party shall be liable for breach of this Agreement to the extent caused by or arising from any force majeure event beyond the control of such Party. If Get Expand is prevented by restrictions of a legal or regulatory nature from supplying the Service, Get Expand will have no liability to you for failure to provide the Service
12. DISPUTES RESOLUTION: If any dispute/difference arises between the parties about these Terms then the Parties shall meet to discuss the matter and shall negotiate in good faith to resolve the matter. However if such matter remains unresolved within 60 days from the date of dispute intimated to other party in writing thereafter the matter shall be referred to the sole arbitrator appointed by Get Expand at its discretion. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings and the place of Arbitration shall be Mumbai. Language of Arbitration shall be English. Cost of Arbitration shall be borne in equal proportion by the Parties. Attorney costs shall be borne individually by each Party. The Arbitration award shall be final and binding upon the Parties.
13. HELP DESK: For approval of any data, image of your products or digital catalogue, you can email to us at email@example.com. For any complaints or grievances with regard to contents and or comment or breach of these terms, you can email to us at firstname.lastname@example.org, with brief details of your complaint . Our customer service executives will acknowledge and redress your complaint on best effort basis and as per applicable Terms of Service.
14. RELATIONSHIP: The relationship of the Parties is on a "principal to principal" basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create with limitation any partnership, joint venture, employment or relationship of principal and agent between the Parties hereto or between You and Get Expand or to provide either of the Parties with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
15. SURVIVAL of INFORMATION: The terms and provisions of this agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this agreement.
16. NOTICES: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the registered office addresses. Notices may also be sent through emails, 6 however, such emails must be followed up with a physical notice at the above mentioned address within a period of ten (10) days.
17. WAIVER: Unless otherwise expressly stated, the failure to exercise or delay in exercising a right or remedy under this Terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
18. GOVERNING LAW AND JURISDICTION: This Terms of Service shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.
19. ASSIGNMENTS: You shall not assign, in whole or in part, the benefits or obligations of this Terms of Service unless otherwise mutually agreed in writing.
Get Expand is acting as an intermediary between Users and HDFC Bank for providing HDFC UPI facility on its portal.
The user of this HDFC Bank UPI facility (the 'User') should have his mobile number registered with the Bank and should have existing relationship with his/her Bank for availing this Facility/Service, using HDFC Bank UPI facility. The Facility/Service shall be made available only to the User satisfying the eligibility criteria and shall be provided at the sole discretion of HDFC Bank Ltd and may be discontinued by HDFC Bank Ltd at any time without notice.
The User shall be solely responsible and liable:
For the accuracy of any personal or other information provided for availing this Facility/Service.
For Pay or Collect requests initiated through HDFC Bank UPI facility.
To comply with the applicable laws, rules and regulations governing such funds transfers as stipulated by the Reserve Bank of India, from time to time.
For all loss, cost and damage, if he/she has breached the terms and conditions contained herein and in the HDFC Bank Mobile Banking Policy.
HDFC and Get Expand shall not be held responsible and liable for any loss, cost and damage suffered by the User due to disclosure of his personal or other information to a third party including but not limited to statutory/regulatory authority by
HDFC Bank Ltd for whatsoever reason e.g. participation in any telecommunication or electronic clearing network in compliance with a legal or regulatory directive for statistical analysis or for credit rating or for any legal or regulatory compliance.
This services are provided on an "as is, "as available" basis without any representations or warranties. Get Expand do not represent or warrant that the services will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error -free.
For any concerns for any queries in relation to UPI services please email us at email@example.com or call us at +91 – 9503101118
Dispute Redressal Mechanism - Unified Payments Interface</p>
- Every end-user customer can raise a complaint with respect to a UPI transaction, on the PSP app / TPAP app.
- End-user customer can select the relevant UPI transaction and raise a complaint in relation thereto
- A complaint shall be first raised with the relevant TPAP in respect to all UPI related grievances / complaints of the end-user customers on-boarded by the PSP Bank / TPAP (if the UPI transaction is made through TPAP app). In case the complaint / grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where the end-user customer maintains its account) and NPCI, in the same order. After exercising these options, the end-user customer can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be. d) The complaint can be raised for both the types of transactions i.e. fund transfer and merchant transactions e) The end-user customer shall be kept communicated by the PSP / TPAP by means of updating the status of such end-user customer’s complaint on the relevant app itself
NPCI is an authorized payment system operator by RBI. NPCI owns and operates UPI payment system.What is PSP bank?
PSP is the banking company authorized to act as a Payment Service Provider (PSP) under the UPI framework. PSP engages the TPAP to provide UPI services to the end-user customers.What is TPAPs?
Third Party Application Provider (TPAP) is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI based payment transactions.What is Customer’s Bank?
The Bank where the end-user customer maintains his/her account that has been linked for the purpose of debiting/crediting the payment transactions made through UPI.Who is End User Customer?
The end-user customer is the individual who uses UPI payment facility to send and receive payments.
We hereby confirm that:
- We GetExpand Limited are a TPAP authorized by NPCI to facilitate payments through PSP Bank(s) namely HDFC BANK Limited We are a service provider and we participate in UPI through the PSP Bank.
- We are bound by the tripartite agreement entered with the sponsor PSP Bank HDFC BANK Limited and NPCI. We are responsible for facilitating grievances / complaints resolution of the customers on-boarded on our UPI application.
- We shall be the first point of contact for all UPI related grievances/complaints for customers on-boarded by us. In case the complaint/grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where you maintain the account) and NPCI in the same order. After exercising these options you can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may.
Roles & Responsibilities of NPCI
- NPCI owns and operates the Unified Payments Interface (UPI) platform
- NPCI prescribes rules, regulations, guidelines, and the respective roles, responsibilities and liabilities of the participants, with respect to UPI. This also includes transaction processing and settlement, dispute management and clearing cut-offs for settlement
- NPCI approves the participation of Issuer Banks, PSP Banks, Third Party Application Providers (TPAP) and Prepaid Payment Instrument issuers (PPIs) in UPI
- NPCI provides a safe, secure and efficient UPI system and network
- NPCI provides online transaction routing, processing and settlement services to members participating in UPI
- NPCI can, either directly or through a third party, conduct audit on UPI participants and call for data, information and records, in relation to their participation in UPI
- NPCI provides the banks participating in UPI access to system where they can download reports, raise chargebacks, update the status of UPI transactions etc.
Roles & responsibilities of PSP Bank
- PSP Bank is a member of UPI and connects to the UPI platform for availing UPI payment facility and providing the same to the TPAP which in turn enables the end-user customers / merchants to make and accept UPI payments
- PSP Bank, either through its own app or TPAP’s app, on-boards and registers the end-user customers on UPI and links their bank accounts to their respective UPI ID.
- PSP Bank is responsible for authentication of the end-user customer at the time of registration of such customer, either through its own app or TPAP’s app
- PSP Bank engages and on-boards the TPAPs to make the TPAP’s UPI app available to the end-user customers
- PSP Bank has to ensure that TPAP and its systems are adequately secure to function on UPI platform
- PSP Bank is responsible to ensure that UPI app and systems of TPAP are audited to safeguard security and integrity of the data and information of the end-user customer including UPI transaction data as well as UPI app security
- PSP Bank has to store all the payments data including UPI Transaction Data collected for the purpose of facilitating UPI transactions, only in India
- PSP Bank is responsible to give all UPI customers an option to choose any bank account from the list of Banks available on UPI platform for linking with the customer’s UPI ID.
- PSP Bank is responsible to put in place a grievance redressal mechanism for resolving complaints and disputes raised by the end-user customer
Roles & responsibilities of TPAP
- TPAP is a service provider and participates in UPI through PSP Bank
- TPAP is responsible to comply with all the requirements prescribed by PSP Bank and NPCI in relation to TPAP’s participation in UPI
- TPAP is responsible to ensure that its systems are adequately secure to function on the UPI platform
- TPAP is responsible to comply with all applicable laws, rules, regulations and guidelines etc. prescribed by any statutory or regulatory authority in relation to UPI and TPAP’s participation on the UPI platform including all circulars and guidelines issued by NPCI in this regard
- TPAP has to store all the payments data including UPI Transaction Data collected by TPAP for the purpose of facilitating UPI transactions, only in India
- TPAP is responsible to facilitate RBI, NPCI and other agencies nominated by RBI/ NPCI, to access the data, information, systems of TPAP related to UPI and carry out audits of TPAP, as and when required by RBI and NPCI
- TPAP shall facilitate the end-user customer with an option to raise grievance through the TPAP’s grievance redressal facility made available through TPAP’s UPI app or website and such other channels as may be deemed appropriate by the TPAP like email, messaging platform, IVR etc.
Dispute Redressal Mechanism
- Every end-user customer can raise a complaint with respect to a UPI transaction, on the PSP app / TPAP app.
- End-user customer can select the relevant UPI transaction and raise a complaint in relation thereto
- A complaint shall be first raised with the relevant TPAP in respect to all UPI related grievances / complaints of the end-user customers on-boarded by the PSP Bank / TPAP (if the UPI transaction is made through TPAP app). In case the complaint / grievance remains unresolved, the next level for escalation will be the PSP Bank, followed by the bank (where the end-user customer maintains its account) and NPCI, in the same order. After exercising these options, the end-user customer can approach the Banking Ombudsman and / or the Ombudsman for Digital Complaints, as the case may be.
- The complaint can be raised for both the types of transactions i.e. fund transfer and merchant transactions
- The end-user customer shall be kept communicated by the PSP / TPAP by means of updating the status of such end-user customer’s complaint on the relevant app itself
Virtual Payment Address (VPA) is the key to BHIM UPI fund transfer system. This virtual payment address has replaced the need for bank account details. UPI Based PSP uses this ID for all payment transactions.
User can share this ID with merchant for receiving payment requests and sharing of bank account number is not required.
Please go to contextual menu -> UPI to check your registered GetExpand UPI IDHow do I make payment to other UPI ID
To make payment to other contact or UPI ID, user needs to click on GEPay on GetExpand app landing screen. Click on Send Money, select contact number or any valid UPI ID and click on Pay.
On Pay, user will be asked to enter transaction amount and message for transaction. User can pay by default bank account linked or can select other bank account for the payment. After correct enter of MPIN for the selected bank, amount will get transferred to bank account linked with Payee's UPI ID and confirmation message will be received.
Please go to GEPay -> Send Money
User can opt to Pay to bank Account from GEPay Send Money page. On clicking Pay to Bank Account, page is displayed to enter payee's bank details & amount. Money is transferred from payer's bank account linked with UPI ID to bank account of payee.
While sending money to mobile number, if mobile number does not have any GetExpand UPI ID, then user can again Send Money via adding Bank Account details.
Please go to GE Pay -> Pay to Bank Account
User can send request for receiving payment to any other UPI ID. User clicks on GE Pay Request Money section and selects a contact where request needs to be sent. User needs to enter amount and message to contact in order to send request successfully.How do I pay against requests received on my UPI ID
On received Request on UPI ID from other users or BHIM PSP or merchants, all requests are displayed in UPI Requests section. User can see status of all requests in this section. User can pay or decline pending requests which are not EXPIRED. On click of Pay, user needs to pay the amount received towards in request. On entering correct MPIN for the bank account linked or selected payment is successfully transferred to Merchant or user UPI.Where do I see all UPI requests
User can see all past UPI request under 'UPI Requests' section. This page displays requests, which is received from other UPI Ids of users or merchant along with amount and status. This section also displays requests which are sent by the user.
Please go to contextual menu -> UPI -> UPI Requests
User can see all transaction details under GEPay Passbook section. Overall transactions done on GetExpand app or UPI payments are displayed in this section along with details of transaction.
Please go to contextual menu -> GE Pay -> Passbook
User can raise dispute against the transaction for UPI payment from transaction passbook section. On clicking on specific transaction, details of the transaction are provided. User gets option to Raise Dispute or check the status of Dispute from this page.
Please go to contextual menu->GE Pay-> Passbook -> Transaction Details -> Raise Dispute
User can block the contact from Transaction Detail Page. This option will allow user to block the other user/merchant. After blocking, no more request for payment can be initiated or received against the blocked user. Payment cannot be done towards the blocked user; similarly blocked contact cannot make payment towards the user.
Please go to contextual menu ->GE Pay-> Passbook -> Transaction Details -> Block User
All bank accounts mapped with your UPI ID are listed in this section. Click on individual accounts provides you option to perform many tasks:
- Check balance : Bank balance is displayed to user by entering MPIN set for the selected bank account. On correct MPIN entered balance amount from account is fetched and is displayed to user. Please go to contextual menu -> UPI -> Bank Account -> Request for balance
- Check Bank Details : User can check details of the bank account in this section like Bank IFSC, Type of account, Bank Name & Masked Account Number. Status of MPIN set and option to set the account as Default is given (If account is not set as default already)
Please go to contextual menu -> UPI -> Bank Account
- Set/Reset MPIN : On clicking option to Set/Reset MPIN, user can reset or set new MPIN against the bank account. MPIN is used for all bank related transactions. User needs to enter last 6 digits of Debit Card of the bank account, Expiry Date. User gets option to change MPIN by entering OTP which is received on bank registered mobile number and New MPIN. Please go to contextual menu -> UPI -> Bank Account -> Set/Reset MPIN
- Change MPIN : On clicking option to Change MPIN, user can change existing MPIN set against the bank account. MPIN is used for all bank related transactions. User needs to enter last 6 digits of Debit Card of the bank account, Expiry Date. User gets option to change MPIN by entering Existing MOIN, OTP which is received in SMS on bank registered mobile number and New MPIN.
Please go to contextual menu -> UPI -> Bank Account -> Change MPIN
- Set Account as Default : In case of multiple bank accounts mapped, any one account can be set as default. Default account is used by default for Payment or receiving amount from UPI ID. Please go to contextual menu -> UPI -> Bank Account -> Change Set Account as Default
- Unlink Bank Account : User can unlick any bank account mapped with UPI ID. Once unlinked, user will not be able to make further transactions using this bank on GetExpand UPI ID. It does not affect the bank account or make any changes to other UPI IDs, if same account is mapped. Please go to contextual menu -> UPI -> Bank Account -> Unlink
GetExpand gives option to register on BHIM UPI. User can install GetExpand app on Android/iOS devices.
- User registers and logs in the app.
- User gets option to Register UPI in sidebar.
- SMS is sent from user's device for validating the number at Bank.
- User gets list of UPI Enabled Banks.
- User selects bank where bank account(s) are associated with the logged in mobile number of the device.
- User selected an account and confirm on registration.
- User's UPI ID is created with GetExpand handle
User can share this UPI ID with anyone for receiving requests for payments. Please go to contextual menu -> UPI -> Register UPIHow do I add more bank accounts to my UPI ID
To add more bank accounts to your registered GetExpand UPI ID, user needs to use 'LINK BANK ACCOUNT'. On clicking UPI enabled bank list is provided, user selects bank where bank account(s) are associated with the logged in mobile number of the device. On selection of Bank Account and confirm new account gets linked with user's UPI ID. Please go to contextual menu ->UPI -> Link Bank AccountI wish to deregister my UPI ID
We are sorry you had bad experience with us. Do let us know about your issue and we would be happy to support you and gain your confidence. Although, if you still wish to de-register, please click on De-register option provided under UPI section in sidebar payment modes. Once de-registered all banks linked with UPI ID will be unlinked and shared UPI ID with your contacts/merchants will not function.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules 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. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Get Expand's service via Get Expand's Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
This Reseller Terms ("Contract") is entered between GetExpand Limited, a Company incorporated under the Companies Act 1956, having its registered office at Building M, 501-B, Palm Court Complex, Beside Goregaon Sports Club, New Link Road, Malad (W), Mumbai - 400 064 ("GetExpand") and You, (hereinafter referred to as "You" or "Reseller"). You confirm that by providing the Reseller Services you indicate your acceptance of all terms and conditions of this Contract that are binding, the terms has been clearly read, understood and accepted by you. We reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It's your responsibility to review these Terms periodically for updates/ changes. Your continuation of services following the posting of changes will mean that they have accepted and agreed to the revisions.
(i) 'Reseller' - means any business entities, adult individuals, professionals who have paid registration fees and have agreed to perform the Reseller services on the terms as specified in this Reseller Contract.
(ii) 'Sub-Reseller' - means any business entities, adult individuals, professionals to whom Reseller has explained the Terms of this Reseller Contract and they have shown their interest in providing services as mentioned under this Contract along with paying registration fees. For the purposes convenience, "Reseller and Sub-reseller" shall be collectively referred as "RESELLER".
(iii) 'Referrer' - shall mean a non-defaulter person having valid and active id in his/her name, has referred another adult individual to become a Reseller on the terms specified under this Contract.
(iv) 'Vendor' - shall means any business entities, adult individuals, professionals or any service providers/product sellers to whom Reseller has explained the Terms of Services as available https://www.getexpand.com/Terms-of-Use and that business person after knowing the Terms of Services has shown interest in availing services from Get Expand.
(v) 'Paid Services' - means Listing services or any other services offered by Get Expand are subscribed by the Vendors by making the requisite payment for services to Get Expand, after having the complete understanding of Terms of Service available at https://www.getexpand.com/Terms-of-Use from the Reseller.
(vi) 'Contract Value' means the complete payment made by the Vendor which is received by Get Expand in its bank account, before the activation of the services by Get Expand.
(vii) 'Vendor's Data' shall mean any Vendor's Business details such as the business name, contact person, address, telephone number, mobile number, toll free number, email id, website, facsimile number, categories of service or products, any documents such as id address proof, categories, pin codes etc. made available by the Vendor to Get Expand through Reseller are validated/verified as correct, genuine and existing by the Reseller.
(viii) 'Duplicate Contract' shall mean the contract of those Vendors/Business entities who is availing paid services from Get Expand or has taken paid services during last 60 (Sixty) days.
(ix) 'Genio Lite Module' b> shall mean the software module link using which Reseller shall enter Vendor's data and collect the payment/Contract Value from Vendor. This module will also maintain the records of non-paid Data/Listing created by Reseller, details of the packages/services to be sold by Reseller, details of payment collected by Reseller from Vendors for providing Paid Services and any other features as developed by Get Expand from time to time.
(x) 'Confidential Information' means all information including but not limited to information disclosed to the Reseller by GetExpand or Vendor, and any such information that the Reseller has access to, or comes into possession of during the term of this Contract. Confidential information would include, but not be limited to information available on the GetExpand's proprietary database software application, the database of names and addresses and other directory information compiled by GetExpand at significant cost and effort, the method of categorizing of directory data adopted by GetExpand, the personal or any information of Vendors, personal / business data and information including but not limited to the IDs and passwords made available to the Reseller by GetExpand to access the proprietary software of GetExpand, the data available to the Reseller through the proprietary software of GetExpand, the information regarding potential Vendors, business plans of GetExpand, bank account/financial details, discoveries, ideas, concepts, know-how (whether patentable or copyrightable or not), research, development, designs, drawings, blueprints, diagrams, models, samples, flow charts, data including Customer data, computer programs, disks, diskettes, tapes, algorithms, software programs, marketing plans or techniques, technical, pricing, financial, or business information" trade secrets which includes but is not restricted to any portion or scientific or technical or proprietary information, design, process, procedure, formula or improvement which is not generally available to the public and any other information, which by its nature and circumstance of its disclosure has the right to be treated as Confidential.
(xi) 'Membership ID' means the unique digit number allocated by GetExpand to the Reseller which the Reseller shall quote in all correspondence with the GetExpand.
(xii) 'Source' - shall mean the means source based on which the Vendor's data is collected, edited and uploaded by Reseller in the Genio Lite Module of Get Expand.
Reseller shall be responsible for providing services including but not limited to marketing, promoting and selling various services/products offered by Get Expand from time to time using Genio Lite Module. Reseller shall be responsible for presenting, promoting and selling products/services to prospective customers and giving them the cost-benefit and needs analysis and maintain good business relationship with the Vendors all the time.
3. ELIGIBILITY CRITERIA
i. At the time of entering into this Contract, you must be at least 18 years of age and should be able to provide your own id/address proof and other documents as requested by Get Expand from time to time. Your account registration requires you to submit to Get Expand certain personal information, such as, (i) your personal details (i.e. Name, Current Address, Permanent Address, mobile phone number and age etc (ii) Address cum Identification Proof (i.e. KYC documents) and (v) Bank Details or any other documents as an when requested by Get Expand. For the purpose of clarity, KYC documents include, (1) the passport; (2) the driving licence; (3) Voter's Identity Card issued by the Election Commission of India; (4) Copy of Aadhar Cards; (5) Job card issued by NREGA duly signed by an officer of the State Government; (6) letter issued by the National Population Register containing details of name and address; along with PAN Card.
(ii) You hereby confirm that you can form legally binding contracts under Indian Contract Act, 1872. You are not "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc.
4. REGISTERTATION FORMALITIES
a. You for purposes of registering with Get Expand, has to create login id visiting the GE signup on GE App in the section of Reseller Program.
b. You shall be responsible for adding the correct referrer details in the Genio Lite Module. If Reseller has added incorrect referrer details or missed/skip to add the referrer details then Reseller cannot add/amend or modify at later stage and the Referrer will not get the due credit/commission (if any) for referring you as Reseller to Get Expand.
c. In the signup process Reseller will provide his/her correct mobile no, email id and documents such as id, address proof and other documents as requested by Get Expand from time to time.
d. Reseller shall pay one time Registration Fees as communicated to the Reseller. On the receipt of Registration Fees, Get Expand will issue an invoice and send it to Reseller on its registered email id and mobile no.
e. Reseller agrees that a registration fee is a conditional refundable fees for enrolling himself/herself as Reseller with Get Expand. This registration charges will be refundable on pro-rata basis only after completion of minimum 1 (one) year duration, subject to non-receipt of complaints or service related or other issues against Reseller. In the event of any service related issue or any complaint against reseller the refund will be on pro-rata basis which will be equally divided in 5 (five) years. Reseller agrees that he/she will be entitle to receive refund on pro-rata basis for each uncompleted year of services after the Contract is terminated by him/her as specified in Clause 12 (ii). However, Reseller will not be entitled to receive any refund for partially completed year of services.
f. On completion of registration formalities and receipt of registration fees from Reseller, Get Expand will send login details such as user id password and other details for accessing and using Genio Lite Module to your registered email id.
g. You agree to maintain accurate, complete, and up-to-date information in your Account at all times and you acknowledge that failure to do so shall result in your access to the Services being suspended without notice to you.
h. No person other than yourself has the right to access your account. You agree and acknowledge that you will not allow any other person to access your account and that you will not share your login credentials (i.e. your user name and password) with any other person. If it is reasonably suspected by Get Expand that login credentials have been compromised by reseller or allowed a person other than yourself to access and use your Account, your access to the Account will be suspended without notice to you. In cases where it is established that you have allowed a person other than yourself to access and use your Account these Terms will stand terminated and your access to the Services will be permanently revoked without notice to you.
i. You may only possess one Account. If it is found that you possess multiple Accounts on the GE's Platform, your access to all Accounts on GE's Platform will be permanently revoked without notice.
j. You hereby expressly acknowledge and agree that you and not Get Expand will be liable for your losses and damages (whether direct or indirect) caused an unauthorised use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Get Expand or others due to such unauthorised use of service.
k. You shall be obligated to provide necessary documents/information as requested by Get Expand from time to time.
5. RESELLER'S RESPONSIBILITIES
(i) The Reseller shall discharge the following responsibilities with complete skill and diligence. The Reseller shall at all time work diligently to promote the products and services offered by Get Expand and protect the interests of GetExpand.
(ii) Reseller shall take proper training as updated in the Genio Lite Module and Get Expand website and as provided by Get Expand from time to time.
(iii) Reseller confirms that he/she will meet the Vendor (owner of the business/listing) at the address given in the listing and will ensure that the details/documents provided by the Vendor are correctly captured in the Genio Lite Module.
(iv) Reseller confirms that the Vendor's Data and its source is validated/verified and always be correct and complete in every manner and it will be correctly uploaded in the Genio Lite Module of the Company. Reseller undertakes that he/she should not submit any incorrect information or unverified documents in the Genio Lite Module of the Company.
(v) The Reseller shall market Get Expand Services and enlist Vendor's, for the products/services as made available by Get Expand in Genio Lite Module or as instructed by GetExpand from time to time.
(vi) Reseller shall ensure that the list of documents, including relevant documents (related to id, address, business proofs etc).and clear visible geo-coded photo of the vendor and its business establishment,) and Contract Value as provided in Genio Lite Module is collected by Reseller.
(vii) The Reseller shall be responsible to ensure that the prescribed Vendors documentation is duly completed in all respects and uploaded in the in the Genio Lite Module of the Company. Also, applicable terms and conditions available at https://www.getexpand.com/Terms-of-Use are explained in the vernacular language to the Vendor. Reseller on receiving the payment from Vendor via Genio Lite Module (or other means as prescribed by Get Expand) confirms that he/she has collected relevant documents, verified it as existing & correct and has also explained the applicable terms and conditions, which is accepted by Vendor without any demur and protest. The Reseller shall not be eligible for any commission on any Paid Services wherein the Reseller has not fulfilled the terms as mentioned in this Contract, irrespective whether GetExpand is providing any product or services to that Vendor or not.
(viii) The Reseller understands and agrees that GetExpand has the sole discretion to provide Services to Vendors and has the liberty to refuse any Paid Services to Vendors entered by the Reseller which are not as per applicable terms and conditions of the Contract.
(ix) Reseller confirms that subject to compliance of other terms, he/she will be eligible for payment of commission on Paid Contact only when the contract value is received from the Vendor and has been realized/encashed by GetExpand.
(x) The Reseller shall be solely responsible at its own cost for obtaining all necessary approvals, sanctions, permissions and licenses for providing the Service, under these Terms, from Municipal, Local or Government Authority or any other Authority/party as may be required from time to time.
(xi) Reseller shall always quote the Reseller's Membership Id when logging in and/or submitting the details related to Vendor's Paid Services to GetExpand and in all other correspondence with GetExpand.
(xii) If Reseller has any doubt with respect to Reseller's obligations under this Contract and the manner to discharge the said obligations, or related to Reseller program, training module, earning process, applicable terms and conditions to Reseller and to the Vendors, then Reseller shall have the duty to get the clarifications from Get Expand's authorized representative in respect of such doubts by sending email at geniohelpdesk@GetExpand.com and giving the Membership Id and other necessary details necessary for indentifying the queries raised by Reseller.
(xiii) It shall be the responsibility of Reseller to keep confidential the Membership Id and the username and password provided to Reseller by Get Expand for accessing the Genio Lite Module. Reseller shall immediately inform Get Expand of any breach of this sub clause. Get Expand may, in its sole discretion, terminate this Contract for any breach of this sub clause and also claim damages for any losses which Get Expand might have incurred due to the misuse and/or breach of the Link.
(xiv) Reseller shall adhere strictly to the representations and warranties and obligations of non-compete, confidentiality and intellectual property as prescribed under this Contract.
(xv) Reseller hereby confirms that any dispute which arises between the parties in relation to the Vendor's data, terms of this Contract and any other matters, Get Expand's decision will be final and binding on Reseller.
(xvi) Reseller confirms that the data and information captured by Genio Lite Module shall prevail and be binding on You at all times.
(xvii) Reseller undertakes not to cause or permit anything which may damage or endanger the Intellectual Property Rights or title or assist or allow others to do so. Reseller undertakes to take such reasonable action as Get Expand may direct in relation to such infringement.
(xviii) Reseller undertakes to compensate Get Expand for any use of the Intellectual Property Rights and/or to indemnify Get Expand for any liability incurred to third parties for any use of the Intellectual Property Rights, otherwise than in accordance with this Contract.
(xix) Reseller undertakes, on the expiry or termination of this Contract forthwith, not to use the Intellectual Property Rights or access/use Genio Lite Module of Get Expand.
(xx) Reseller acknowledges that any goodwill or reputation for the Service or Vendor Data generated by the Reseller under this Contract will belong to Get Expand and upon termination of this Contract for whatever reason the Reseller shall not be entitled to claim any compensation, in any manner whatsoever.
(xxi) Reseller not cause to be done any act/representation/omissions which results to loss of goodwill and damage to the reputation to Get Expand.
(xxii) Reseller agrees not to (directly or indirectly) (i) access, monitor or copy any content or information of GetExpand using any robot, spider, scraper or other automated means or any manual process for any purpose; (ii) violate the restrictions in any robot exclusion headers on GetExpand or bypass or circumvent other measures employed to prevent or limit access to GetExpand.
(xxiii) Reseller has obtained all licenses, clearances, permissions, approvals or consents from any third party or any regulatory or government body which are required by applicable law or regulations, to execute the business/services of this Contract
(xxiv) Reseller shall be solely responsible for the all the costs related to registrations, licenses and other costs related to compliance directions / orders, guidelines / formalities issued by DOT and Telecom Service Providers related to the responsibility of the Reseller and Reseller shall also be responsible for the payment of penalties, charges and compensations imposed by DoT, Service Provider or any competent authority or courts for non compliance of the said directions / orders, guidelines / formalities as stated in clause and shall have no recourse against the GetExpand for the same.
(xxv) Reseller shall be solely liable for all acts and omissions of Reseller's personnel, whether employees, consultants, agents, subcontractors or otherwise, and whether or not engaged by the Reseller in violation of these Terms.
(xxvi) The Reseller shall carry out all directions and instructions as GetExpand may issue from time to time.
(xxvii) The Reseller shall not give any warranty to the Vendor in respect of any of the Services without the written authority of GetExpand.
(xxviii) Reseller agrees that it will not sell, license, lease, rent, transmit, or otherwise distribute or transfer any Vendor's data/information in any manner to third parties, save as is expressly permitted otherwise in this Contract.
(xxix) Unless otherwise provided in this Contract, during the term of this Contract Reseller shall establish and maintain safeguards against the destruction, loss or alteration of Data/information in its possession and Reseller will ensure that it will take all reasonable security practices to avoid any cyber-attacks. Reseller will neither transmit nor send Data nor will it allow Data/information to be accessed by third party.
(xxx) All Data provided by the Reseller is and will remain the property of the Get Expand. Get Expand will have all right, title and interest, including ownership of the said data, and all copies made from it. Except as set forth herein, without Get Expand's approval (in its sole discretion), Data shall not be (i) used by Reseller or its agents other than in connection with providing the Services, (ii) disclosed, sold, assigned, leased or otherwise provided to third parties by Reseller or its agents or (iii) commercially exploited by or on behalf of Reseller.
(xxxi) Reseller shall promptly correct any errors or inaccuracies in the Vendor's Data to the extent such errors or inaccuracies were caused by Reseller.
(xxxii) Reseller confirms that Get Expand do not provide any business/income guarantee to Vendor or to Reseller in any manner.
(xxxiii) Reseller will not "cyber-squat" over and/or otherwise compete with Get Expand's Keywords including but not limited to Get Expand, GetExpand.com, Get Expand services, GE, GE.com thereof on Google Ad words or other media (online or offline) in any manner whatsoever.
6. Data Verification
a. Reseller shall conduct independent verification, by contacting the Vendors or any third party, to verify the correctness and accuracy of Vendor's Data/documents before entering any information/data in the Genio Lite Module.
b. The Reseller shall be responsible to ensure that the prescribed documentation is duly completed in all respects and Contract Value is collected from Vendor for providing Paid Services,, after explaining them about the applicable terms and conditions of the services as available on https://www.getexpand.com/Terms-of-Use including but not limited to ECS process, Duration, listing features, no business guarantee etc..
c. The Reseller shall not be eligible for commission on any Duplicate Contract and any on Paid Services wherein the Reseller has not obtained duly verified and necessary documentation outlined above, even if GetExpand opts to supply the Services to the Vendor.
d. Get Expand may conduct the audit/verification on the Vendor's data submitted by Reseller from time to time and if Reseller fails in the Audit/verification process then Get Expand reserves the right to forthwith terminate this Contract with Reseller.
e. Reseller shall be obligated to collect Vendor's documents or carry out any other verification by contacting Vendors, as communicated by Get Expand from time to time.
f. Get Expand may in its sole discretion impose upon Reseller any amount of penalty for any non-compliance of any terms of this Contract.
a. Get Expand shall pay the commission on the Contract Value /Registration Fees as communicated to Reseller/Sub-Reseller via Genio Lite Module or in email or through any other mode from time to time subject to the complete compliance by Reseller of the terms and conditions stipulated under this Contract.
b. Reseller shall be entitled to receive commission only if the entire contract value/ Registration Fee are received by Get Expand in its bank account and no chargeback or refund request is received by Get Expand at any point in time. In the event if any chargeback or refund request is received by Get Expand then Reseller/Sub-Reseller shall not be entitled to receive any commission. However, if any chargeback or refund request is received after the commission is transferred to Reseller/Sub-Reseller, then Get Expand will have full right and absolute discretion to deduct or recover the commission amount paid by Get Expand to Reseller/Sub-Reseller.
c. Reseller agrees that for the purposes of calculation of commission, the taxes and other cost will be excluded from the Contract Value/Registration Fees.
d. Reseller agrees that Get Expand has exclusive right to decide fees/commission percentage or registration fees from time to time and it may be changed at any time by sending a communication to Reseller.
e. All payments to the Reseller, Sub-Reseller, shall be subject to deduction of taxes at source or other applicable taxes and charges. Payments to Reseller are inclusive of all taxes, duties and charges. Each party shall be responsible for it own applicable taxes.
f. Get Expand shall make the monthly payment of undisputed commission (as calculated and shown in Genio Lite Module) to the Reseller which may be subject to completion of the verification/Audit process by Get Expand. In the event of any dispute in relation to commission, then Reseller shall escalate to Get Expand within 2 (two) days of the receipt of monthly commission from Get Expand. In the event of Reseller has not raised any dispute within 2 (two) days then the commission related dispute will not be entertained by Get Expand in any manner.
g. Notwithstanding the above provisions, Get Expand may at any time recover the Commission or any other sums paid to Reseller if it comes to the knowledge of Get Expand that the Vendor's Data is incorrect or not verified. Get Expand may recover the Commission and other sums by either deducting the sums from any dues payable to the Reseller subsequently or such other means it deems fit.
8. REPRESENTATION AND WARRANTIES
a. Reseller represents and warrants that Reseller shall perform the Services with professional skill and diligence.
b. It has all requisite power and authority to execute, deliver and perform its obligations under this Contract and has been fully authorized by all requisite corporate actions to do so.
c. It shall comply at all times, with all laws, industry codes, applicable standards or other regulations or directions issued under the law time being in force And as amended. It shall comply with such provisions of Information Technology Act 2000 as amended by the Information Technology (Amendment) Act 2008 and rules and regulations made thereunder.
d. Reseller is adequately equipped and competent to provide the Services in a professional and efficient manner.
a. Reseller shall ensure that any information shared by Get Expand, irrespective of whether such information pertains to Get Expand or any third party, under this Contract shall be kept confidential at all times. Without limitation, confidential information shall include the terms of this Contract, Access, contents of the Database to which Reseller may have access while entering Vendor's Data in the Genio Lite Module, the guidelines annexed thereto. Reseller as per the requirements of Get Expand will either destroy or return all the confidential information to Get Expand within 30 (Thirty) days from the expiry or the early termination of this Contract. The obligations contained in this shall survive the termination of this Contract.
b. In the event Reseller discovers a breach or potential breach in security relating to Data or unauthorized possession, use or knowledge, or attempt thereof, of Data, Reseller shall immediately (1) notify the affected Get Expand and furnish to the Get Expand the details of the security breach or unauthorized possession, use or knowledge, or attempt thereof, of Data; (2) assist Get Expand in investigating, curing, or preventing the recurrence of any security breach or unauthorized possession, use or knowledge, or attempt thereof, of Data; (3) cooperate with Get Expand in any litigation and investigation against third parties deemed necessary by Get Expand to protect its rights; and (4) provide the assurance satisfactory to that such breach or potential breach will not recur.
The Reseller shall not, during the term of these Terms and for Five (05) years thereafter, in India or outside India, solicit Vendors for identical or similar Services as GetExpand's Services, or shall not directly or indirectly, including through their Affiliates or employees, render services to any person who conduct a business or carry's on a business similar to the business of GetExpand, or during the term of this Contract and for 5 (five) years thereafter the Reseller shall not, by himself or in association with others, directly or indirectly, commence or conduct or carry on any business that competes with the business of GetExpand. The Reseller shall be deemed to have violated its obligations hereunder if any of its agent, associate, partner or any, director, shareholder, officer, employee of the Reseller violates this provision. The Parties agree that in the event that this provision is found to be invalid or unenforceable by any arbitrator or any court of competent jurisdiction, the obligation under this clause shall be enforceable for such a period that is found to be legally valid and acceptable.
11. No representations
The Reseller shall not give any warranty/guarantee to the Vendor in respect of any of the Listing or other Services without the written approval received from GetExpand.
12. Term, Renewal and Termination
i) Effective Date: These Terms shall be effective from the date on which signup process is initiated by Reseller on Genio Lite Module (the "Effective Date").
ii) Term: The term of this Contract shall commence from the effective date and shall be valid for minimum 12 (twelve) months. This Contract can as per the provisions specified in Clause 12. In the event the Contract is not terminated, it shall be automatically renewed for subsequent periods unless otherwise terminated by the parties with written notice of 1 (One) month during the term of this Contract.
iii) Termination for cause: Notwithstanding anything contained herein, GetExpand shall be entitled to terminate this Contract at any time, without any notice under the following circumstances (i) if the performance of the Reseller is found unsatisfactory, (ii) if the Reseller fails to function/operate properly as per the guidelines and policies intimated from time to time by GetExpand (iii) if the Reseller breaches any of the provisions of these Terms; (iv) if the Reseller is unable to pay debts/penalty/refunds when due, (v) if the Reseller makes any assignment or composition for the benefit of creditors, (vi) if the Reseller has appointed or suffers the appointment of a receiver or trustee for its business, property or assets, (vii) if the Reseller files or has filed against it any petition under the bankruptcy or insolvency laws that is not finally decided within 60 days of such filing or (viii) if the Reseller is adjudicated bankrupt or insolvent (ix) if any third party files complaints against the Reseller for breach of applicable laws. x) if the vendor is raising any raising any unreasonable dispute/issues or demands xi) or any third party claims.
13. Consequences of the Expiry or Termination
a. Return of Documents and Information: Upon expiry of these Terms or earlier termination for any reason whatsoever of this Contract, You shall forthwith deliver to GetExpand, without maintaining any copies for itself, all documents and information, data including but not limited Vendor's information, any documents, training material, literature and material containing any logos, trademarks, service marks or any other intellectual property of GetExpand and any other document which may have come to the Reseller's possession or custody in pursuance of this Contract. The Reseller shall also return all GetExpand property including any copies of any data, trademarks, promotional material, and identity cards etc..
b. Survival of Reseller's obligations: The obligations of the Reseller relating to the Confidential Information under these Terms shall survive the termination or expiration of these Terms.
c. Settlement of accounts: Upon the expiry of the term or termination without cause by GetExpand or Reseller in accordance with these Terms, GetExpand shall pay the Reseller all undisputed commission until the expiry or effective date of termination of the Terms after deducting such amounts as GetExpand thinks fit towards any claims that GetExpand may have against the Reseller.
a. Reseller shall defend, indemnify and hold harmless GetExpand and its directors, officers, employees, agents and affiliates, including from any third party actions / claims / demands, for all costs, expenses, and losses arising from or in any way attributable to: (i) acts and omissions of the Reseller under these Terms; (ii) breach by Reseller of any of the terms and conditions of these Terms; (iii) violation of any applicable laws by Reseller; (iv) any damage to property or bodily injury (including death) caused by the Reseller; (v) acts of fraud, misappropriation, and disclosure of Confidential Information by the Reseller vi) any claim from vendor or third party claims for reasons attributable to Reseller.
b. The Reseller hereby agrees to indemnify the GetExpand, its directors and officers from and against any and all claims, suits, actions, demands or proceedings and all related damages, losses, liabilities, cost and expenses (including but not limited to reasonable lawyers' fees) arising out of or relating to any (i) damage, destruction, unauthorised sharing or other misuse of Confidential Information (ii) embezzlement, misappropriation or other misapplication of subscription amount received from the Vendor by the Reseller or any of its employees, (iii) violation or breach by the Reseller of any law, rules or regulations, or any term, policy or obligation under this Terms; (iv) claims made by Reseller's personnel on GetExpand including but not limited to claims for wages, benefits or employment; (v) breach by the Reseller of its responsibilities under these Terms or a violation of the restrictions hereunder and (vi) claims made by the state or central government, or local authority in respect of non-payment of taxes or fees, for non-provision of statutory benefits by the Reseller to its personnel; and (vii) Misrepresentation to the Vendor or third parties regarding any information relating to GetExpand or the Services/products.
c. The Reseller shall not make any claim or allegation against GetExpand or hold GetExpand liable in respect of any claim, demand or action ("Claims") made or filed by any Vendor against the Reseller. All such Claims shall be resolved solely by the Reseller at Reseller's own cost and expense, failing which the Reseller shall indemnify GetExpand as provided for in these Terms.
15. INTELLECTUAL PROPERTY RIGHTS
a. All right, title and interest, including all intellectual property rights, in and to, in all content, trademarks, marketing collateral, forms, Vendor-related data, and in all other material handed over to the Reseller, or collected by the Reseller or to which the Reseller may have access to ("GetExpand Property"), shall absolutely vest in, and be owned by, GetExpand. No right or other license to such GetExpand Property is given to the Vendor.
b. GetExpand names, logos and all related products and service names, design marks and slogans ("GetExpand marks") are trademarks and service marks owned by and used under license from GetExpand or its wholly-owned subsidiaries. The Reseller is not authorized to use any GetExpand Mark in any advertising, publicity or in any other commercial manner without the prior written consent of GetExpand.
16. LIMITATION OF LIABLITY
GET EXPAND SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL) RELATED TO, IN CONNECTION WITH, OR OTHERWISE, EVEN IF GET EXPAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GET EXPAND SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND AN VENDOR, EVEN IF GET EXPAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GET EXPAND SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GET EXPAND'S REASONABLE CONTROL. IN NO EVENT SHALL GET EXPAND'S TOTAL LIABILITY TO YOU CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RS.1000/- (RUPEES ONE THOUSAND ONLY)
a. Force Majeure: Neither Party shall be liable for any failure or delay in performance under this Terms to the extent such failure or delay is caused due to reasons beyond that party's reasonable control such as technical malfunctions, governmental actions, acts of God; acts of a public enemy, wars, insurrections, riots, epidemics pandemics bacterial infection, landslides, lightning, earthquakes, fires, storms, floods, washouts; arrests and restraints of the government; necessity for compliance with any court order, law, ordinance or regulations promulgated by any governmental authority having jurisdiction, either federal or state, civil or military; civil disturbances; any other events, matters, or causes, whether of the same kind enumerated herein or otherwise, which shall not be reasonably within the control of the Party affected thereby and occurring without its fault or negligence, provided that force majeure will apply only if the failure to perform could not be avoided by the exercise of due care by the Party invoking this clause and such party does everything reasonably possible to resume its performance under these Terms. In the event of the force majeure conditions continuing beyond two weeks, the Party to whom the affected obligations are owed shall have the right to terminate these Terms by written notice of fifteen days.
b. Severability: If any provision of these Terms is found by court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of these Terms, and all provisions not affected by such invalidity shall remain in full force and effect. The Parties shall nevertheless be bound to negotiate and settle an alternate clause that shall be as close to the intent of the original clause and which shall nonetheless be valid and enforceable.
c. No Waiver: The waiver by either party of a breach or default of any of the provisions of these Terms by the other Party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either Party to exercise or avail itself of any right, power or privilege, operate as a waiver of any breach or default by the other Party.
d. Independent Contractors: It is understood and agreed that the relationship between the Parties is on a principal-to-principal basis. Nothing in these Terms shall constitute an agency, employment, partnership or any other relationship whether in the nature of a joint venture or otherwise between the Parties.
e. Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the registered office addresses. Notices may also be sent through emails, however, such emails must be followed up with a physical notice at the above mentioned address within a period of ten (10) days.
f. Entire Terms: These Terms, including Schedules, shall constitute the entire Terms between the Parties and shall supersede all other and prior arrangements, Contracts, and understandings prior to the execution of these Terms.
g. Arbitration: If any dispute/difference arises between the parties then the Parties shall meet to discuss the matter and shall negotiate in good faith to resolve the matter. However if such matter remains unresolved within 60 days from the date of dispute intimated to other party in writing thereafter the matter shall be referred to the sole arbitrator appointed by Get Expand. The Reseller has consented to Get Expand to appoint arbitrator as per its (Get Expand's) discretion under this contract.. The Arbitration and Conciliation Act, 1996 shall govern the arbitration proceedings and the place of Arbitration shall be Mumbai. Language of Arbitration shall be English. Cost of Arbitration shall be borne in equal proportion by the Parties. Attorney costs shall be borne individually by each Party. The Arbitration award shall be final and binding upon the Parties.
h. Governing Law and Jurisdiction: This Terms of Service shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mumbai, India
i. Headings: The headings of clauses in these Terms are merely indicative and shall not be taken into consideration in the interpretation or construction of the Terms.
All data and information set forth on Get Expand's Portal regarding real estate property, for sale, purchase, rental and/or financing are from third parties sources, including but not limited to owner/agent/builder/developer etc.. No warranties are made as to the accuracy of any descriptions and/or other details and such information is subject to errors, omissions, changes of price, tenancies, commissions, prior sales, leases or financing, or withdrawal without notice. Users should seek advice and proper legal counsel with respect to all property, closing costs, timing considerations, financing options, default provisions, zoning implications, renovation considerations and appropriate transfer taxes and other due-diligences. Get Expand is an intermediary within the meaning of Section 2 (1) (w) of the amended Information Technology Act, 2000 (herein after referred as "Get Expand" ). Get Expand provides a platform by bridging the gap between owner/agent/builder/developer of real estate properties (herein after referred as "seller" or "rental" as the case may be) and the users of Get Expand's service and Get Expand does not facilitate or interfere nor does any transaction for or on behalf of users or seller/ developer in any manner whatsoever.
The portal and all its contents are provided with all faults on an "as is" and "as available" basis. The details displayed on the portal are for information purposes only. No information given under this portal creates a warranty. Your use of the portal is solely at your own risk. Nothing contained herein shall be deemed to constitute any sort of legal advice, opinion, solicitation, marketing, offer of sale, invitation to offer, invitation to acquire etc. by Get Expand. It is responsibility of the users to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the portal. Information on Get Expand's portal does not guarantee that the projects/properties are registered under the Real Estate Regulation Act, 2016 and rules made thereunder ("RERA").
The property / project detail, listings, floor area, location, price, Designs, dimensions, cost, facilities, plans, images, specifications, furniture, accessories, paintings, items, electronic goods, additional fittings/fixtures, decorative items, false ceiling including finishing materials, specifications, shades, sizes, amenities/services and other details shown in the listing are the third party contents (i.e., owner/agent/builder/developer etc.) and/or taken from public domain. Users are hereby advised to use their discretion and to exercise due diligence and independently validate and verify all information/details about any property / project, such as, (i) verification of ownership of property, (ii) N.O.C.'s of various authorities like Municipal Authorities, Fire Authorities, Land Revenue Deptt., Police etc., (iii) Checking of Commencement & Occupancy Certificate, (iv) clearance of title of the plan/land/ property, (v) execution of valid agreement/sale deed, (vi) stamp duty & payment etc., prior to concluding any decision for buying any unit(s)/projects/properties or renting thereof.
Get Expand under no circumstance will be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of this portal. The user acknowledges, agrees and undertakes to not hold Get Expand or any of its affiliates liable/responsible for any information stated representation /commitment /offer neither made by any third parties on its portal to the user nor make any claims/demands on Get Expand or any of its affiliates with respect thereto. In no event will Get Expand be liable for claim made by the users including seeking any cancellation for any of the inaccuracies in the information provided in this Portal. You are therefore required to verify all the details, including area, amenities, services, terms of sales and payments and other relevant terms independently prior to concluding any decision for buying/renting any unit(s)/projects/ properties.
No claim as to the accuracy and correctness of the information on the portal is made, although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper/ misleading/ offensive/ inappropriate content is sighted on the portal, please write to us at firstname.lastname@example.org
Get Expand respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at email@example.com; as per our infringement policy available at https://www.getexpand.com/Infringement-Policy.
The users hereby acknowledge and undertake that they are accessing the services on the online platform and transacting at their own risk and are using their best and prudent judgment before entering into any transactions through the website/ platform. The users further acknowledge and undertake that they will use the platform to purchase or rent a property only for their personal use. Get Expand shall neither be liable/responsible for any actions or inactions of owner, nor any breach of conditions, representations or warranties by the owner/agent/builder/developer of the properties and hereby expressly disclaim and any or all responsibility and liability in that regard. Get Expand shall not mediate or resolve any dispute or disagreement between the user and the owner/agent/builder/developer of the properties. We do not implicitly or explicitly support or endorse the sale or purchase of any property on/through our platform. At no time shall any right, title or interest in the property sold through or displayed on the platform vest with Get Expand nor shall Get Expand have any obligations or liabilities in respect of any transactions on or through its platform.