LIMITATION OF LIABILITY:
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on
the Service of the Software, in whole or in part. Any unauthorized commercial use
of the Service or the re-sale of its services or the copying or re-production of
the Software to any other server or location for further re-production or re-distribution
is expressly prohibited and may result in severe civil and criminal penalties.
You further acknowledge that you will not (nor will you allow any third party) to
copy, modify, de-compile, translate, create a derivative work of, reverse engineer,
reverse assemble the Software or otherwise attempt to discover any source code,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than through
the interface that is provided by Beatroot for use in accessing the Service.
You agree that Beatroot may, in its sole discretion, with or without notice, terminate
your password, account (or any part thereof) or use of or access to the Service,
and remove and discard any content/bills/data within the Service, for any reason,
including, without limitation, for lack of use or if Beatroot believes that you have
violated or acted inconsistently with the letter or spirit of the TOS. Further,
you agree that Beatroot shall not be liable to you or any third-party for any termination
of your access to the Service.
If you wish to terminate your account, you may request for termination of the EasyMilk
service any time by submitting a request to Beatroot or at [email protected] agree
that you shall remain responsible for all Payment Instruction(s) submitted prior
to the termination date.
MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES:
Beatroot reserves the right at any time and from time to time, at its sole discretion,
to modify or discontinue, temporarily or permanently, in part or in whole, the Service,
TOS or policies regarding the use of the service with or without notice. You agree
that Beatroot shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service. Your continued use of the Service shall
be deemed as an unconditional acceptance of these changes.
The failure, delay or omission of Beatroot to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision. A waiver on
any one occasion shall not be construed as a bar or waiver of any rights or remedies
on future occasions. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or
the TOS must be filed within three (3) months after such claim or cause of action
arose or be forever barred.
You agree that the Service provided to you is not transferable under any circumstance
and shall be used only by you. You further acknowledge, agree and confirm that Beatroot
shall have the right to transfer, assign or sell all its rights under this TOS,
and that the Mandate given by you in favour of Beatroot shall continue to be in force
and ensure for the benefit of the successors and assigns of Beatroot.
If any part of this TOS is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall continue
NOTICES, TRANSACTION RECORDS AND ELECTRONIC DISCLOSURES:
Notices to you may be made via either email or by delivery by hand /regular mail
to the address provided by you. The Service may also provide notices of changes,
to either the TOS or other matters, by way of publication in newspapers or by displaying
notices or links to notices on the Service. All such notices will have the same
effect as a notice served individually to you. Notices and instructions will be
deemed served 7 days after posting or upon receipt in the case of hand delivery,
cable, telex, through internet or facsimile (fax).
Beatroot may be required to provide to you certain disclosures and notices, which
are mandated by various laws and rules and transaction related requests such
as receipt of bill details, payment advices, payment return advices etc. You acknowledge
and agree to receive all such disclosures and requests electronically, which,
in most cases, will be done through the Internet. If, for any reason, you do not
wish to receive the disclosures electronically, you must advise Beatroot immediately.
In such an event, Beatroot reserves the right to discontinue/terminate the provision
of the Service to you, in whole or in part.
You acknowledge that the read-out, faxed, email or printed output, if any, that
is generated at the time of operation of your account under the Service is a record
of the operation by you. The records of Beatroot, generated by the transactions arising
out of the use of the Service, including the time the transaction is recorded shall
be conclusive proof of the genuineness and accuracy of the transaction.
You acknowledge that Beatroot shall have no liability or obligation to keep a record
of the transactions carried through the EasyMilk Service and/or to provide information
to you or for verifying your Payment Instructions, other than records required to
be kept or information required to be provided statutorily by Beatroot.
You acknowledge that Beatroot does not pre-screen the data presented by Biller(s)/Payees(s),
but that Beatroot shall have the right (but not the obligation) in its sole discretion
to refuse or curtail any content/data that is available via the Service. Without
limiting the foregoing, Beatroot shall have the right to remove any content/data that
violates the TOS or is otherwise in violation of any contract entered into by Beatroot.
You agree that you must evaluate, and bear all risks associated with, the use of
any content/data, including any reliance on the accuracy, completeness, or usefulness
of such content/data.
The Laws of India shall govern the validity, construction and enforceability of
this Agreement in all respects. You and Beatroot agree to submit to the personal and
exclusive jurisdiction of the courts located within Mumbai, India, to the exclusion
of all other Courts, as regards any claims or matters arising under these terms
and conditions. Beatroot accepts no liability whatsoever, direct or indirect for non-compliance
with the laws of any countryName other than that of India. The mere fact that a
Member in a countryName other than India accesses the Service does not imply that
the laws of that countryName govern these terms and conditions or the operations
in the accounts of the Member or the use of the Service. Use of the Service is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph.
The section titles in this agreement are for only for convenience and do not affect
the meaning of the relative clause.
Beatroot may sub-contract and employ agents to carry out any of its obligations under
this contract. Beatroot may transfer or assign its rights and obligations under this
contract to any other entity.
The Service would operate during timings specified by the Beatroot. Any Payment Instruction(s)
received after the specified time on any day shall be deemed to have been received
on the next Business Day.
The Service is governed by the guidelines issued by the RBI from time to time.
A printed version of this agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
LANGUAGE, COPYRIGHT AND TRADEMARKS:
It is the express will of the parties that this agreement and all related documents
have been drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES: All contents of the Service are: Copyright © 2013
Beatroot Technologies and/or its suppliers, c/o Beatroot Technologies, 2nd Floor,
#1-8-506/2/B1,Street-8, Prakash Nagar, Begumpet, Hyderabad-500016. All rights reserved.
TRADEMARKS. Beatroot, EasyMilk and/or other Beatroot products and services referenced
herein are either trademarks or registered trademarks of Beatroot. The names of actual
companies and products mentioned herein may be the trademarks of their respective
Any rights not expressly granted herein are reserved.
Please report any violations of the TOS to our Customer Support group.