BY ACCESSING THE SITE, REGISTERING FOR OR USING THE THE CHENNAI COMPUTERS PAY SERVICE DESCRIBED BELOW, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ALL POLICIES), EACH AS MAY BE MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE SERVICE.
This User Agreement (the "Agreement") is between the applicant (if registering as an individual) or the business employing the applicant (if registering as a business) ("you" and "your") and THE CHENNAI COMPUTERS Pay (India) Private Limited ("THE CHENNAI COMPUTERS", "we", "us", "our"). The Agreement applies to your use of our payment processing services and related services currently branded as "THE CHENNAI COMPUTERS Pay" ("THE CHENNAI COMPUTERS Pay Service" or the "Service"). Our Service enables users with Personal Accounts (described in Section 2.1.1 below) to login on the websites of users with Seller Accounts (as defined in Section 2.1.2 below) using their Credentials (as defined in Section 1.4 below) and make payments to users with Seller Accounts using internet or mobile-based services and applications (an "Application") and enables users with Seller Accounts to provide login facility to their website to the users with Personal Accounts and to receive payments from such users with Personal Accounts. This Agreement applies to your use of the Service whether you make or receive payments or access the Service using an Application operated by a third party or one owned or controlled by us or any entity, domiciled in India, in which THE CHENNAI COMPUTERS or its group companies have directly or indirectly, certain economic interest (an "Affiliate"), including our primary site at https://THE CHENNAI COMPUTERSpay.in/ , which will be available at launch, (the "Site") and the Seller Central site ("Seller Central"), or using any service, website or application operated by a third party.
This Agreement explains our and your respective legal rights and obligations concerning all aspects of our relationship, including without limitation account restrictions, your consent to receive electronic notices and dispute resolution. This Agreement incorporates and you hereby accept and agree to the applicable policies, notices, procedures, notices, specifications, FAQs, guides and guidelines that are provided or made available to you, appear on the Sites or are referenced in this Agreement and which we may modify from time to time (collectively, the "Policies"). In the event of any conflicts between the Policies and the terms in this introduction and Section 1 to 33 below, the Policies will prevail.
1. Registration and Our Role
2. Your Account
3. Your Payment Transactions
4. Making Payments by Buyer
"THE CHENNAI COMPUTERS Balance" means the value in the semi-closed loop pre-paid stored value account/ instrument issued by us or issued by a third party as such an instrument co-branded with us, to enable customers to utilize such stored value account/ payment instrument to purchase goods and/ or services from merchants (who have a specific contract with us to accept such stored value account/ payment instrument). You need to have non-zero balance in your THE CHENNAI COMPUTERS Balance account to use this payment method. You can use THE CHENNAI COMPUTERS Balance in conjunction with other payment methods like credit/debit cards or net banking to pay for a transaction. You will not be charged any additional fees for using THE CHENNAI COMPUTERS Balance to pay for a transaction. Using THE CHENNAI COMPUTERS balance does not require an additional password protection. Since anyone who is able to login into your THE CHENNAI COMPUTERS Account can see and use your THE CHENNAI COMPUTERS Balance, it is your responsibility to ensure that no unauthorized user obtains access to your THE CHENNAI COMPUTERS Account.
5. THE CHENNAI COMPUTERS Pay A-z Guarantee Policy
7. Term and Termination
Please review our THE CHENNAI COMPUTERS Pay Privacy Notice.doc (Annexure 5), which also governs your visit to this Site to understand our practices. The personal information / data provided to us by you during the course of usage of the Site will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Site.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Site or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.
10. ACCESS TO THE SITE AND SERVICE
We will do our utmost to ensure that availability of the Site will be uninterrupted and that the Service transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Site or your Account may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
11. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of THE CHENNAI COMPUTERS, its Affiliates or its content suppliers and is protected by United States, India and international copyright, authors' rights and database right laws. The compilation of all content on this Site is the exclusive property of THE CHENNAI COMPUTERS and/or its Affiliates and is protected by United States, India and international copyright, authors' rights and database right laws. All software used on this Site is the property of THE CHENNAI COMPUTERS, its Affiliates or its software suppliers and protected by United States, India and international copyright and authors' right laws. You may not systematically extract or re-utilise parts of the contents of the Site without THE CHENNAI COMPUTERS and/or its Affiliates' (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site, without THE CHENNAI COMPUTERS and/or its Affiliates' (as may be applicable) express written consent.
Please refer to THE CHENNAI COMPUTERS Pay Brand Guidelines (Annexure 2) to see a non-exhaustive list of THE CHENNAI COMPUTERS trademarks. In addition, THE CHENNAI COMPUTERS designs, graphics, logos, page headers, button icons, scripts, service names and other marks indicated on our Site are trademarks (collectively, "Trademarks"), or trade dress of THE CHENNAI COMPUTERS.com Inc. in the U.S. and/or its subsidiaries in the European Union and/or other jurisdictions. THE CHENNAI COMPUTERS's Trademarks and trade dress may not be used in connection with any product or service that is not THE CHENNAI COMPUTERS's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits THE CHENNAI COMPUTERS. Subject to the terms and conditions of this Agreement and THE CHENNAI COMPUTERS Pay Merchant Agreement and provided your Seller Account is in good standing, we grant you a non-exclusive, non-transferable, non-assignable, revocable right to use the "THE CHENNAI COMPUTERS Pay" and other related Trademarks designated by us solely in accordance with our brand guidelines and such other documentation as we make available from time to time. You may not use the Trademarks except as expressly permitted herein, and may not sublicense these rights or otherwise permit any party to use the Trademarks. You acknowledge that we and our Affiliates are the sole owners of the Trademarks, and you agree to do nothing inconsistent with that ownership. We may revoke your license at any time in its sole discretion. Upon the termination or expiration of this Agreement, you shall immediately cease and discontinue all further use of the Trademarks. All goodwill arising out of your use of the Trademarks will inure to the sole benefit of us and our Affiliates. All other trademarks not owned by us that appear on the Site or Seller Central or in connection with the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by THE CHENNAI COMPUTERS. We and our Affiliates may use your name, logo, service name or trademarks as designated by you solely as necessary to provide the Service in accordance with our Specifications and other Policies (including without limitation in co-branded web pages used to process orders). We and our Affiliates may use your name or logo to identify you as a participating merchant unless you request otherwise.
Other than the limited use and access rights and licenses expressly set forth in this Agreement, we and our Affiliates reserve all right, title and interest (including all intellectual property and proprietary rights) in and to the Service, the THE CHENNAI COMPUTERS Materials (described below), our or our Affiliates’ Trademarks, and any other technology, software and intellectual property that we provide, make available or use to provide the Service, Site and the THE CHENNAI COMPUTERS Materials. Except for the limited use and access rights described in this Agreement, you do not, by virtue of this Agreement, acquire any ownership interest or rights in the Service, the Site, the THE CHENNAI COMPUTERS Materials, our Trademarks, or such other technology, software or intellectual property provided or made available by us or our Affiliates.
14. PRESS RELEASE
You may not issue any press release or make any public statement related to the Service, or except as expressly provided in this Agreement, use our or any of our Affiliate’s name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
15. LICENSE AND SITE ACCESS
THE CHENNAI COMPUTERS Pay (India) Private Limited grants you a limited license to access this Site and not to download (other than page caching) any portion of it, except with express prior written consent of THE CHENNAI COMPUTERS Pay (India) Private Limited and/or its Affiliates, as may be applicable. During the term of this Agreement, you may use the THE CHENNAI COMPUTERS Materials only for your internal purposes and solely as necessary for your use of the Service. "THE CHENNAI COMPUTERS Materials" include any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including the Specifications and any integration guides) developed and provided by us or our Affiliates to you for download from the Site. THE CHENNAI COMPUTERS Materials do not include any software, data or other materials specifically made available by us or our Affiliates under separate license terms or that were created by a third party, including without limitation software provided under an open source license such as Apache 2.0. You may not, and may not attempt to, directly or indirectly:
Use of this Site is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use this Site only with involvement of a parent or guardian.
17. YOUR CONDUCT
You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not the Site, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You must not use the Site for any of the following: a. For fraudulent purposes, or in connection with a criminal offense or other unlawful activity; b. To send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; or is otherwise in violation of the Service's Acceptable Use Policy; or c. To cause annoyance, inconvenience or needless anxiety.
18. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise impermissible, injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. THE CHENNAI COMPUTERS reserves the right (but not the obligation) to remove or edit any content that in the sole judgment of THE CHENNAI COMPUTERS violates this User Agreement and, or terminate your permission to access or use this Site. If you do post content or submit material, and unless we indicate otherwise, you grant THE CHENNAI COMPUTERS Pay (India) Private Limited and/or its Affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant THE CHENNAI COMPUTERS Pay (India) Private Limited and/or its Affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post or you otherwise provide on or through the Site: that, as at the date that the content or the material is submitted to the Site: the content and the material is accurate; that use of the content you supply does not breach any applicability of this User Agreement and will not cause injury to any person or entity (including that the content is not defamatory); that the content is lawful. You will indemnify THE CHENNAI COMPUTERS Pay (India) Private Limited and/or its Affiliates for all claims brought by a third party against it or its Affiliates arising out of or in connection with any of these warranties. THE CHENNAI COMPUTERS has the right (but not the obligation) to monitor and edit or remove any activity or content. THE CHENNAI COMPUTERS takes no responsibility and assumes no liability for any content posted by you or any third party.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to THE CHENNAI COMPUTERS Pay (India) Private Limited, including the execution of deeds and documents, at its request.
19. CLAIMS AGAINST OBJECTIONABLE CONTENT
Because we host many thousands of comments on the Site, it is not possible for us to be aware of the contents of each comment or review that is posted. Accordingly, we operate on a "notice and takedown" basis. If you believe that any content posted on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, ("Objectionable Content"), please notify us immediately by following our Notice and Procedure for Notifying of Objectionable Content given below. Once this procedure has been followed, we will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
20. INTELLECTUAL PROPOERTY CLAIMS
THE CHENNAI COMPUTERS Pay (India) Private Limited and its affiliates respect 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 follow our Notice and Procedure for Making Claims of Right Infringements given below.
21. INDEMNITY AND RELEASE
You shall indemnify and hold harmless THE CHENNAI COMPUTERS Pay (India) Private Limited, its subsidiaries, Affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of breach of your representations, warranties, or obligations set forth in this Agreement; or any actual or alleged infringement, misappropriation or violation of any third-party rights or applicable law by your trademarks used in connection with the Service or your website or application using the Service; or your use of the Service; or any transaction submitted by you through the Service (including without limitation the accuracy of any Product Information that you provide or any claim or dispute arising out of products or services offered or sold by you); or any document incorporated by reference; or your violation of any law, rules, regulations or the rights of a third party. You (as a buyer) hereby expressly release THE CHENNAI COMPUTERS Pay (India) Private Limited and/or its Affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the sellers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Unless stated otherwise, any and all fees payable by you pursuant to this Agreement are exclusive of applicable national, state or local sales or use taxes or value added tax or service tax or goods and services tax ("Taxes") that THE CHENNAI COMPUTERS is legally obligated to charge under the applicable legislation. If we are required to deduct any income tax or other withholdings on any payments to be made to you, we will have the right to deduct the required amounts and pay such amounts to the applicable regulatory authority on your behalf. You will not make any claim against us in respect of any deduction made pursuant to this Section. Throughout the term of the agreement, you will provide us with any forms, documents, or certifications, including Permanent Account Number as may be required by us to satisfy any information reporting or withholding tax obligations with respect to any payments under the Deed and you confirm that you would duly pay any applicable taxes on your income, as applicable under this agreement on all amounts on which taxes are not or inadequately withheld and report and file a return of income under the applicable laws and provide the necessary certifications in this respect.
23. OTHER BUSINESSES
We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of the sellers, or the content of their websites. THE CHENNAI COMPUTERS Pay (India) Private Limited does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. 23. LOSSES We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.
24. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
25. REPRESENTATIONS AND WARRANTIES
26. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE, THE THE CHENNAI COMPUTERS MATERIALS, SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE CHENNAI COMPUTERS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE CHENNAI COMPUTERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE THE CHENNAI COMPUTERS MATERIALS, SERVICE, INFORMATION, ANY APPLICATION, CONTENT INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, RELAIBILITY, COMPLETENESS, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) THAT THE SITE, THE THE CHENNAI COMPUTERS MATERIALS, OR THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS THROUGH THE SITE; (D) ELECTRONIC COMMUNICATIONS SENT FROM THE CHENNAI COMPUTERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AT NO TIME SHALL ANY RIGHT, TITLE OR INTEREST IN THE PRODUCTS SOLD THROUGH OR DISPLAYED ON THE SELLERS’ WEBSITE VEST WITH THE CHENNAI COMPUTERS NOR SHALL THE CHENNAI COMPUTERS HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF ANY TRANSACTIONS ON THE SELLERS’ WEBSITE. WE SHALL NEITHER BE LIABLE NOR RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF SELLERS OR ANY BREACH OF CONDITIONS, REPRESENTATIONS OR WARRANTIES BY THE SELLERS OR MANUFACTURERS OF THE PRODUCTS AND HEREBY EXPRESSLY DISCLAIM AND ANY ALL RESPONSIBILITY AND LIABILITY IN THAT REGARD. WE DO NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE SALE OR PURCHASE OF ANY PRODUCTS ON THE SELLER’S WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, SELLER CENTRAL, THE THE CHENNAI COMPUTERS MATERIALS, OR THE SERVICES (INCLUDING THE INABILITY TO USE THE SERVICES), UNLESS OTHERWISE SPECIFIED IN WRITING. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. SUBJECT TO THE PROVISIONS OF SECTION 2.3.1 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AGGREGATE LIABILITY OF US OR OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU FOR ANY FAILURE OR DELAY BY US (OR OUR EMPLOYEES, AGENTS, OR REPRESENTATIVES) IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT, WHERE SUCH FAILURE OR DELAY IS CAUSED BY ABNORMAL AND UNFORESEEABLE CIRCUMSTANCES BEYOND OUR CONTROL, THE CONSEQUENCES OF WHICH WOULD HAVE BEEN UNAVOIDABLE DESPITE ALL REASONABLE EFFORTS TO THE CONTRARY, OR WHERE WE ARE BOUND BY OTHER LEGAL OBLIGATIONS COVERED BY APPLICABLE LAW.
27. APPLICABLE LAW
By visiting this Site and using the Service, you agree that the laws of India without regard to the principles of conflict of laws will govern this Agreement and any dispute of any sort that might arise between you and THE CHENNAI COMPUTERS.
Any dispute relating in any way with your visit to this Site or usage of the Service shall be submitted to the exclusive jurisdiction of the courts at Delhi.
29. THIS AGREEMENT, SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other Policies posted on the Site. These Policies also govern your visit to this Site and usage of the Service. We reserve the right to make changes to our Site, Policies, and this Agreement at any time, in our sole discretion. You will be subject to the terms of this Agreement and the Policies in force at the time that you use the Site, unless any change to those Policies or this User Agreement is required to be made by law or government authority. If any of the terms and conditions of this Agreement shall be deemed invalid, void, or for any reason unenforceable, such terms and conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions of this Agreement.
You may not assign or transfer any rights, obligations, or privileges that you have under this Agreement without our prior written consent. Subject to the foregoing, this Agreement will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of this Section will be deemed null and void.
If you breach this Agreement and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement.
32. OUR DETAILS
This Site is operated by THE CHENNAI COMPUTERS Pay (India) Private Limited. You could contact us via e-mail to THE CHENNAI COMPUTERSpay-query@THE CHENNAI COMPUTERS.com. ENTIRE AGREEMENT This Agreement, including without limitation the Policies and THE CHENNAI COMPUTERS Pay Agreement (for users with Seller Accounts), constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter of this Agreement. Except as expressly provided above, no modification or amendment of this Agreement will be binding on us unless set forth in writing and signed by us. NOTICE AND PROCEDURE FOR NOTIFYING US OF OBJECTIONABLE CONTENT If you believe that any content posted on the Site contains any Objectionable Content as defined under Section 19 above, please notify us immediately by copying the Notice to us of Objectionable Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a signed copy via E-mail or Fax to the Grievance Officer: E-mail: notice@THE CHENNAI COMPUTERS.in Subject Line: Claim of Objectionable Content or Fax: 040-39922887 or THE CHENNAI COMPUTERS Pay (India) Private Limited, No.26/1, Brigade World Trade Centre, 8th Floor, Dr. Raj Kumar Road, Bangalore- 560055, Karnataka Please note that this procedure is exclusively for notifying us of Objectionable Content posted on the Site. Please provide your address, telephone number, and e-mail address when sending the notice to us. Important Warning: Giving false, misleading or inaccurate information in the Notice to us may result in civil and/ or criminal liability.
NOTICE TO US OF OBJECTIONABLE CONTENT In the matter of THE CHENNAI COMPUTERS Pay Service I, [Please set out your full name] of [please give your postal address], [please set your occupation], says as follows:
I refer to the website paywithTHE CHENNAI COMPUTERS.THE CHENNAI COMPUTERS.in ("the site"). I make this statement in support of my giving THE CHENNAI COMPUTERS Pay Service notice that, the Site is causing or contributing to the publication of Objectionable Content. The Objectionable Content (delete whichever paragraph is not applicable): (a) The Objectionable Content appear on page [please state the page number(s) where you consider the words constitute Objectionable Content]. OR (b) appear on the site at [please cut and paste the address of the relevant Web page from the website where the Objectionable Content appears]. The words/ content that I consider to be Objectionable Content are [please repeat the exact words you are complaining about]. This content is Objectionable Content because [please state why you consider the content is Objectionable Content]. I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about. Statement of Truth
I declare the facts stated above to be true.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS INFRINGEMENTS If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement. Upon receipt of a Notice Form we may take certain actions, including removing information, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to us the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify us for all claims brought by a third party against THE CHENNAI COMPUTERS arising out of or in connection with the submission of a Notice Form. Important Warning: giving false, misleading or inaccurate information in the Notice Form to THE CHENNAI COMPUTERS may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
Notice Form: If you believe that your rights are being violated by an item or information on the Site, you may fill out and submit the Notice Form (below). This signed form can be sent via e-mail or Fax to the Grievance Officer: E-mail: firstname.lastname@example.org Subject Line: Claim of Infringement Or Fax: 044-48588003 Or THE CHENNAI COMPUTERS Pay (India) Private Limited, No.26/1, Brigade World Trade Centre, 8th Floor, Dr. Raj Kumar Road, Bangalore- 560055, Karnataka (We will accept an e-mail with the subject line "Claim of Infringement" or Fax, unless by prior agreement we have agreed with you for an alternative receipt mechanism). Please fill out the Notice form using the corresponding numbered paragraphs to frame your communication.
NOTICE FORM Re: paywithTHE CHENNAI COMPUTERS.THE CHENNAI COMPUTERS.in I,THE CHENNAI COMPUTER, state as follows: Contact information: (a) Your and/ or your company's name, address, telephone number and contact email address; (b)The contact email address and/or name which we will provide to third party (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a). Allegation of Infringed Right: (a) The detailed description of where the information that you claim is infringing your rights is located on the site. (b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent). Include the following statement: "I have a good faith belief that the portion of the posted content described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law." Include the following statement: "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above." Sign the Notice Form.