TERMS AND CONDITIONS
THESE Terms and conditions forms a part of the Click-Wrap service agreement for channelizing the services for booking of the appointments and processing applications for passport. Whereby the user(s) (hereinafter referred to as the “Addressee(s)”) who are intended by the originator (Hereinafter referred to as the “Originator”) of the website, www.indpassportseva.co.in (Hereinafter referred to as the “website”) to receive its services via electronic means who upon clicking “I agree” agrees to accept the foregoing terms and conditions.
The originator is a private proprietorship concern being not affiliated or associated with the Ministry of the External Affairs, Government of India, TCS or Passport Seva Kendra (hereinafter referred to as the “PSK”) or the website www.Passportseva.gov.in, shall not be held liable for any disputes arising between the addressee(s) and the Ministry of the External Affairs, Government of India, TCS or PSK or the website www.Passportseva.gov.in. The originator is intending to provide its services which are limited to booking the appointment at the concerned PSK of the addressee(s) upon payment of the service fee and upon submitting of the requisite information by the addressee(s) on behalf of the addressee. The originator clarifies that the approval of the passport is solely dependent upon the scrutinizing in affirmative of the documents by the concerned PSK upon appointment.
- General Clauses
Please read the foregoing terms and conditions of the service (“agreement”) carefully. By using the services, addressee(s) hereby agrees to be bound by all of the terms and conditions of use mentioned below.
- The addressee(s) have read, understood, and hereby agreed to be bound by this Agreement, the terms and conditions given therein and any future amendments or addendums to this Agreement as published from time to time at the website.
- The addressee(s) are of legal age in the jurisdiction in which the addressee(s) resides to form a binding contract with Originator.
- Services provided by the originator shall include but not be limited to technology platforms such as Website or that shall enable the addressees to submit their Addressee(s) data for getting consultancy on application of passport or any other services offered through the website wherein a addressee(s) can provide their user data and request consultancy for applying a new passport or renewal of passport by paying the service charges as levied by the originator.
- The terms “addressees” refer to all individuals and other persons who access or use the services provided by the originator, including, without limitation, any companies, organizations, or other legal entities that register accounts or otherwise access or use the services through their respective employees, agents or representatives upon agreeing to the forgoing terms and conditions.
- Except as otherwise provided herein, if the addressee(s) do not agree to be bound by the agreement and the terms and conditions given there under, the addressee(s) shall not gain access to the services provided by the originator through the website.
- The addressee(s) affirms to not make any abusive, racist, offensive, religious remark which shall include but not limited to any remark which can hurt any religious and ethical sentiments of the originator or the public at large. In the event of such happening the booking made by the addressee(s) shall be cancelled with immediate effect and strict legal actions shall be taken by the originator.
- “Third parties” the term Third parties include but are not limited to developer, hosting, google analytics & search engine providers, payment providers.
- “Addressee(s)”, means the user(s) who agrees to use the Services provided by the originator.
- “User Content” means all electronic data, text, messages or other materials, including personal data of addressee(s) , submitted to the Service(s) by them in connection with the use of the Service(s) .
- “Applicable Data Protection Law” means Information Technology Act 2008 (IT Act).
- “Scope of work of the originator” includes and limited to channelizing the application process for booking an appointment at the concerned PSK and tracking the entire process of issuance of the passport online, on behalf of the addressee(s) by collecting the requisite charges and documents as prescribed by the originator. The role of the originator shall end once the appointment on behalf of the addressee(s) is booked.
- Intellectual Property Rights
- Intellectual Property Rights mean and include without limitation all copyrights, patents, trademarks, trade secrets and other related documents and shall remain, the sole and exclusive property of the originator.
- Neither the use of the services nor this Agreement grants the addressee(s) any right, title or interest in the copyrights, trademarks and patents or the intellectual properties if any owned by the originator.
- Trademarks of the originator and/or service marks may not be used in connection with any product or service that is not provided the originator, in any manner that is likely to cause confusion among customers or users of the Website, tarnishes or dilutes the marks, or disparages or discredits the originator.
- The service of the originator includes a user interface that allows the addressee(s) to upload user content and customize certain aspects of the content. The addressee(s) are granted a limited right to use those services only in conjunction with the services and in accordance with these Terms and Conditions of Use.
- It is the duty of the addressee(s) to notify the originator in case of any infringement of intellectual property by a User of the services provided by the originator. Please contact the customer support for complaints and customer service enquiries.
- Eligibility criteria
Subject to the payment of the consideration as amended up-to-date, to use the services being provided by the originator, the addressee(s) must:
- Be eligible for applying for the passport
- Complete the filling form process;
- Agree to the Terms and conditions
- Provide true, complete and up to date contact information.
- By using the services provided by the originator, addressee(s) represents and warrants that the addressee(s) meets all the requirements listed above and that it won’t use the services provided by the originator in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise). The originator may refuse service, close accounts of any users, and change eligibility requirements at any time upon its sole discretion in case of any breach by the addressee.
- Contractual Relationship
- The Originator may terminate any of these terms or any services with respect to the addressee, or generally, cease offering or deny access to the services or any portion thereof, at any time for any reason.
- Supplemental Terms may apply to certain services, such as policies for any particular event, activity or promotion, and such supplemental terms will be published on the services in connection with the applicable services from time to time. Supplemental Terms are in addition to and shall be considered a part of the Terms and Conditions of Use the purposes of the applicable services. Supplemental Terms shall prevail over these Terms and Conditions of Use in the event of a conflict with respect to the applicable services.
- In case of incorporation of any new legislation or any amendments to the existing legislation governing data of any individual, some of the clauses of this Agreement may either be updated or deleted without any notice, to comply with the said provisions of the applicable legislation. Hence it is advisable to check this Agreement from time to time.
- Indemnity-the addressee(s) shall acknowledge to defend, indemnify and hold the originator, its affiliates, subsidiaries, directors, officers, employees, agents, partners and any other licensors (each, an “Indemnified Party”) harmless from and against any claim, disputes or demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising from: the violation of the addressee(s) or any third-party right, including without limitation to any right to privacy, publicity rights or intellectual property rights, including content the user distributes through the services; any wrongful or improper use of the services by addressee; violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of the services of originator by addressee; The indemnifications set forth above will survive the termination or expiration of this Agreement and/or use of the services.
- Rights over data provided by customer/user data access
- The addressee(s) shall own the rights to the user data it provides to the originator. However, by providing user data to the originator, addressee(s) gives the originator permission to use the data solely to do the things addressee(s) needs to do to provide its services, including but not limited to storing, displaying, reproducing, and distributing the data. This may include providing the data with third parties for broader broadcast, distribution, or publication
- The originator assures thereby that it will never sell the data provided by the addressee(s) to third parties;
- The addressee(s) is responsible for the data it submits by using the services provided by the originator and assume all risks associated with it.
- To use most aspects of the services provided by the originator, the addressee(s) must fill up the form and make modification to such submitted user data. If the addressee(s) violates any clause from the present terms and conditions then the originator do not take any liability for the same under any legislation, regulation, prevailing rules etc. that govern minors and/or students under the age of 18.
- The addressee(s) agrees to submit accurate, complete, and up-to-date user information. Failure to submit accurate, complete, and up-to-date user information, may result in rejection of the application and the originator shall not be held responsible for the same.
- Cancellation & Refund policies
- The addressee(s) agrees to pay all Consultation/service fees associated to application of new or renewed passport.
- If for any reason, the payment is not received by the originator the application will be kept on hold till the time payment is received.
- The addressee(s) will be given 100% refund in case the originator fails to provide its services within the committed time of 24 hours to 48 hours, from the successful completion of payment.
- That subject to a legitimate reason for the request of refund addressee(s) becomes eligible for refund under the following slabs as per the following rates:
- The refund request after 96 hours of making the payment shall not be accepted by the originator.
- In case the addressee(s) has made the payment twice for the single order, then the second payment will be 100% refunded.
(i) Refund request raised within 6 hours of payment - 75% refund.
(ii) Refund request raised after 6 hours of payment - 50% refund.
- Governing Laws & Compliance with laws
- The Agreement and any dispute arising from the same shall be governed by applicable data protection law in India and/or applicable as applied to agreements entered into and to be performed entirely within India, without regard to its choice of law or conflicts of law principles.
- Addressee(s) represents and warrants that the use of the services provided by the originator shall comply with all applicable data protection law/ regulations. Addressee(s) shall not use the services provided by the originator for any unlawful or discriminatory activities, including acts prohibited by the laws in India.
- The addressee(s) shall comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where addressee(s) is sending any form of communication through the services provided by the originator.
- The addressee(s) Agrees to indemnify and hold the originator harmless from any losses, including attorney fees that result from the breach of any part of these warranties on the part of addressee.
- Termination of service prior notice
- The addressee(s) agrees that the originator may at any time, and at sole discretion of the originator, terminate the application of addressee(s) without prior notice and without reimbursement in case of a violation any of these Terms and Conditions of Use. In addition, the addressee(s) acknowledges that the addressee(s) shall cooperate fully with investigations by law enforcement authorities.
- Addendum/ Amendments to Terms & Conditions
- The originator reserves the right to modify the Terms of this Agreement or its policies at any time, effective upon posting of an updated version of this Agreement on its services. The addressee(s) should regularly review this Agreement, as the continued use of the services after any such changes constitutes agreement to such changes.
- Indemnity and Limited Liability
- Disclaimer of warranties- the services are provided “as is” and “as available.” The originator disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, and non-infringement. In addition, the originator makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or that the services will be uninterrupted or error-free. The originator does not guarantee the quality, suitability, safety or ability of third parties. The addressee(s) agrees that the entire risk arising out of the use of the services, and any service requested in connection therewith, remains solely with the addressee, to the maximum extent permitted under applicable law.
- Limitation of liability- the exclusive remedy and entire liability, if any, for any claims, arising out of the services shall be limited to the amount addressee(s) has paid to the originator, if any, during the thirty days period before the act giving rise to the liability. In no event shall the originator be liable to the addressee(s) or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not the originator have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the services. The addressee(s) are solely responsible for making backup copies of any and all of content. The originator shall not be liable for any loss of or damage to the content of the addressee(s) or whatsoever.
- Settlement of Disputes.
- That in case of any dispute or difference which may, at any time during and after the agreement, be arising between the parties hereto in respect of any of the matter of agreement shall be referred to the originator for adjudication and disposal.
- In case the disputes still exist, the parties shall refer the same to the arbitration. Wherein the parties shall mutually decide the appointment of a sole arbitrator for the adjudication of the disputes. The provisions of Arbitration and Conciliation Act 1996, and the rules under it shall be deemed to apply to the arbitration proceedings under this clause.
- That all the disputes are subject to the jurisdiction of the courts situated at Chandigarh, the seat of the arbitrator shall also be held at Chandigarh.