This document is an electronic record in terms of Information Technology Act,
2000 and rules made 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 rules and regulations, privacy policy and Terms and Conditions for access
or usage of the Service.
"Agreement” means this Terms and Conditions;
“User(s)” shall mean and include any legal person, entity, business place
or users, or any designated employee of the business place/entity, who desire to
purchase Products, listed by the Seller, using the Services of the Company;
"Content" shall mean and include any content, including the Products listed
by the Seller, either defined in this Terms of Service or any other content as offered
or provided by the Company or Sellers on the Website;
“Order” or “Transaction” shall refer to the order placed by the Buyer to
purchase the Products listed by the Seller and shall include the purchase, payment,
delivery and other connected matters;
“Party/party” shall mean and include the Company, Sellers, Buyers, Users,
Registered Users and any other person who agrees to be bound by this Agreement;
“Product(s)” shall mean and include all physical goods, digital goods, products,
packages, services or any information in connection therewith, listed by the Seller
under User Submission for sale, or usage by the Buyers.
“Product Information” shall mean and include particulars, specifications,
payment details or other information about the Products listed by the Seller, particulars
with regard to the delivery to be done by the Seller or the Company upon request
by the Seller and/or any services which shall be or have been performed by the Seller
in accordance with the Products provided by the Seller.
“Registered User” shall mean and include all Sellers, registered on the Website
by providing the information mandated by the Website and also Buyers, in cases where
registration is required;
“Seller” shall mean the entity or person or User who is willing to list the
Products on the Website and procure the Services;
"Services" means and includes providing a platform wherein, the Products
offered, sold and listed by the Seller, shall be purchased by you, facilitating
the usage of the Website and payments for you and facilitating the delivery of Products
upon request from the Seller (whether chargeable or not), or any other service,
the Company performs for you;
"User/user", "You/you", "Your/your" means any natural or legal person who
browses, accesses or uses the Website and/or has agreed to become a Buyer (or customer)
or a Seller (or vendor) on the Website by providing the registration data while
registering on the Website as Registered User using the computer systems;
"Use/use" or "Using/using" means to browse, access, view, copy, avail Services,
purchase Products or other benefit from using the Website;
"User Submissions" means and includes all information, Content, Products
or Product Information listed by the Seller for sale; This listing of the Content,
Products or Product Information by the Seller on the Webster, at the sole discretion
of the Company, shall be chargeable by the Company;
"Website" means domain name
dsiindia.in,
owned and operated by the Company.
"We", "Company", "us" and "our" means the Company and its affiliates, officers,
employees, agents, partners and licensors.
The ROBUST DIGITIAL SOLUTIONS (INDIA) PRIVATE LIMITED Website and domain name
dsiindia.in
, and any other linked pages, features, content, or application services (including
without limitation any mobile application services) offered from time to time by
the Company in connection therewith (collectively, the “Website”) are owned and
operated by the Company. Subject to the terms and conditions of this Agreement,
the Company may offer Seller to use the Services for providing or listing certain
Products, as described more elaborately on the Website, and that have been selected
by you (together with the Website, the “ Services”), solely (whether or not) for
your own use, and not for the use or benefit of any third party. The Company reserves
the right, to change, suspend or discontinue the sale of such Products at any time,
including the availability of any feature, database, or Content. Company may also
impose limits on certain features and Services or restrict your access to parts
or all of the Services without notice or liability. Company reserves the right to
amend this Agreement from time to time, with/without notice to the Registered Users.
Any changes or modifications made to this Agreement by Company shall be effective
immediately. It shall be your responsibility to review these Terms of Condition
upon notification and your continued usage of the Services offered by the Website
shall constitute agreement to such updated terms and conditions. By continuing to
use the Service after those changes become effective, you are agreeing to be bound
by the revised Terms of Service; if you do not agree to the change, do not use the
Services after the change is effective, in which case the changes will not apply
to you. Your continued use of the Website following the posting of changes will
mean that you accept and agree to the revisions.
The Company reserves the right to prevent you from using the Website and the Service
(or any part of them) and to prevent you from making any transaction on the Website.
The Company reserves the right in its sole discretion to accept/refuse /reject registration
or acceptance of Order placed using the Services or part thereof, without any obligation
of explanation.
The Company shall not be responsible or held liable for any delivery of the Products
purchased on the Website until and unless the Seller requests the Company for the
same. The service of delivering the Products is performed either by a third party
or the Seller, but not by the Company. In the event, Seller requires the Service
of delivering the Products, Company shall through its partners or third parties
opt to provide such service, which shall be chargeable. We do not give any guarantee
that the orders will be fulfilled or performed on the date chosen or provided by
you, as each Seller shall be responsible for delivering the Product and will or
might have its own calendar of events. In case the Products are not delivered on
the specific date due to any unavoidable reasons including but not limited to Force
Majeure Events, then you can choose to get the Products delivered on any next available
delivery date. We shall strive with all reasonable efforts to provide the Services.
The Company shall not be held liable for any delay in delivery of the Products due
to any reason whatsover.
Your use of any information or materials on this website is entirely at your own
risk, for which we shall not be liable. It shall be your own responsibility to ensure
that any Products, Services, Content or Product Information available through this
Website meet your specific requirements.
The Services and its Contents, including the Products are intended solely for the
personal use by the Users and may only be used in accordance with the terms of this
Agreement. All Products or materials displayed on the Website or during the performance
of the Services (including, but not limited to text, graphics, articles, photographs,
images, illustrations (also known as the “Content,” and which includes User Submissions))
are protected by copyright, owned by ROBUST DIGITIAL SOLUTIONS (INDIA) PRIVATE LIMITED.
You shall abide by all copyright notices, trademark rules, information, and restrictions
contained in any Content accessed through the Services provided on the Website,
and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit,
distribute, perform, upload, display, license, sell or otherwise exploit for any
purposes whatsoever,
any Content or third party submissions or other proprietary rights not owned by you:
(i) without the express prior written consent of the respective owners, and
(ii) in any way that violates any third party rights.
You can place the order for the Products listed by the Seller at a price as shown
or provided by the Seller. You need to place an order by making payment through
available or provided payment modes. Prices listed are in Indian Rupees (unless
specified) and are subject to change from time to time, at the sole discretion of
the Seller. The Company reserves the right to require payment of fees for certain
or all Services, in addition to the fees charged for the purchase and sale of any
Product. You shall pay all fees, as described on the Website in connection with
such Services selected by you.
The Company charges a fixed rate of commission (depending on the medium of instruments
used) on of the sale price on each transaction between Buyer and Seller, which it
deducts from the payment made by the Buyer. The Company, at its sole discretion,
reserves the right to modify the commission amount from time to time. The Seller
shall bear and be responsible for any applicable federal, state, local and foreign
taxes, duties, tariffs, levies, withholdings and similar assessments (including
without limitation, sales taxes, use taxes and value added taxes) relating to the
subject matter hereunder, excluding taxes based upon the Company’s net income; if
there is any withholding required, the Seller will pay any amount specified on the
Website without reduction for the withholding amount and will also pay the withholding
amount to the applicable authorities.
Payments to the Seller shall be paid out by the Company, subject to a minimum account
balance in the Seller’s account and provided that the Seller has provided his correct
account details during the registration of its account on the Website.
The Company reserves the right to change pricing and payment policies and to institute
new charges at any time, upon notice to the Seller, which may be sent by email or
posted on the Website. All payments need to be made online and no offline payments
are permitted by the Company.
User understands and acknowledges:
- that upon placing an Order You are entering into a legally binding and enforceable
contract with the Seller to purchase the Products and /or services from the Seller
using the payment facility, and You shall pay the price as listed on the Website
through any such instrument as provided used for the payment, to the Seller using
payment facility.
- That You shall be entitled to claim a refund of the Order placed (as Your sole
and exclusive remedy) in case You do not get the confirmation of the Order placed.
In case you do not raise a refund claim within the stipulated time than, Company
or the Seller does not take the responsibility of the refund to be received by You,
from your issuing bank or Wallet.
- That no refund shall be made once the Order is placed or confirmed, using the
Website (unless the services are not provided appropriately by the User).
- That Company, undertakes utmost care to provide secure payment system, however,
it is susceptible to hacking, virus attacks, malfunction. - That the User shall
provide accurate payment details to the secure payment system for making success
transaction on the Website.
- The information provided by User will not be utilized or shared with any third
party unless required in relation to fraud verifications or by law, regulation or
court order.
- The Company expressly disclaims all liabilities that may arise as a consequence
of any unauthorized use of User’s credit/ debit card.
- That the User undertakes all payments subject to own risk and volition.
- The Company shall not be liable for any loss or damage occurred to User arising
directly or indirectly due to the decline of authorization for any transaction malfunction,
errors and/or unscrupulous activities.
We shall be under no liability whatsoever in respect of any loss or damage arising
directly or indirectly due to the decline of authorization for any Transaction,
on Account of the Cardholder having exceeded the preset limit.
For Buyer
As a general rule, no refund will be provided until and unless such circumstances
exist that the Company deems fit to refund the transaction money.
A Buyer may submit a claim for a refund for a purchase made by emailing at support@dsiindia.in
and providing a clear and specific reason for the refund request and the exact terms
that have been violated. Whether a refund will be provided will be determined by
the Company, in its sole discretion. Refund requests must be submitted within 10
days of the purchase or within any such duration, as indicated by the Sellers.
In case a Buyer has a dispute with the Seller where he/she wants a refund for the
amount paid to the Seller, Buyer should create a case using the link on the transaction
mail within 10 days from the date of transaction/purchase or placing the Order.
In case of failure to do so by the Buyer, he/she agrees that it absolves the Company
from any responsibility to facilitate the resolution of such dispute.
The Buyer agrees not to dispute/chargeback the transaction with his/her credit card
issuing bank without informing or obtaining prior consent of the Company.
For Seller
A transaction may be reversed or charged back to your account if it is disputed
by the Buyer, reversed for any reason by the Network, deemed to be fraudulent, deemed
to be in violation of this Agreement, or we have any reason to believe that the
transaction was not completed in good faith.
For any transaction that results in a chargeback, the Company may withhold the transaction
amount from your account. If your account has any pending resolution of any chargebacks,
the Company has the discretion to delay your next payout(s). The Company reserves
the right to withhold from your account the amount of one or more transactions,
if it believes that there is a significantly increased risk of a chargeback occurring
on these transactions. The Company may also charge you a fee for each refund, or
chargeback, or dispute incurred.
If your account is incurring a significantly high volume of chargebacks according
to the Company, the Company reserves the right to
(a) suspend your account,
(b) increase processing fees,
(c) withhold payouts,
(d) increase holding period for your funds to be paid out,
(e) implement a rolling reserve. The Company reserves the right to charge a "Penalty
fee" from the Users, including Buyers and Sellers, for abusing the platform, towards
the charges incurred for the investigation, operational handling and legal consultation
charges.
Company will have the right to inspect and audit User’s records relating only to
the Services performed during normal business hours, for the Term of the Agreement
and for a period of one year thereafter at its own cost.
The Company reserves the right to investigate and verify the authenticity of the
information shared by the Seller to the Company or the Buyer, with regards to the
business model, purpose of payments, and/or Transactions that the Company considers
suspicious or fraudulent in nature, anytime. Any representative of the Company may
contact the Buyers or the Issuer Bank of Buyers (whose card or net-banking was used
to make the payment) directly to verify the details provided by the Seller.
For such investigations, Sellers are required to co-operate in the investigation
process and provide any such documents, including, KYC documents (self-attested),
copy of any such License required to sell/collect payments for such products / services,
invoices, proof of delivery, details of the Buyer, details of the medium through
which the payment was made/collected, and "Authorisation Mail" from the Buyers /
Card holders (whose card or net-banking was used to make the payment), or any other
document to the Company on demand.
The Company reserves the rights to withhold payouts of the Seller completely or
partially till such investigation is completed to the satisfaction of the Company.
If the Seller does not co-operate in such investigations, the Company may terminate
the Seller's account in accordance with Clause 7 and refer the account and the matter
to the appropriate regulatory body that the Company may deem fit for further investigation.
The Services may contain links to third party websites or services (“Third Party
Services”) that are not owned or controlled by the Company, or the Services may
be accessible by logging in through a Third Party Service, as described more fully
in our Privacy Policy. When you access Third Party Services, you do so at your own
risk. You hereby represent and warrant that you have read and agreed to be bound
by all applicable policies of any Third Party Services relating to your use of the
Services and that you will act in accordance with those policies, in addition to
your obligations under this Agreement. The Company has no control over, and assumes
no responsibility for, the content, accuracy, privacy policies, or practices of
or opinions expressed in any Third Party Services. In addition, the Company will
not and cannot monitor, verify, censor or edit the content of any Third Party Service.
By using the Services, you expressly relieve and hold harmless the Company from
any and all liability arising from your use of any Third Party Service.
Your interactions with organizations and/or individuals found on or through the
Services, including payment and delivery of goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely
between you and such organizations and/or individuals. You should make whatever
investigation you feel necessary or appropriate before proceeding with any online
or offline transaction with any of these third parties. You agree that the Company
shall not be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings. If there is a dispute between participants on this
site, or between users and any third party, you understand and agree that the Company
is under no obligation to become involved. In the event that you have a dispute
with one or more other users or third parties, you hereby release the Company, its
officers, employees, agents, and successors in rights from claims, demands, and
damages (actual and consequential) of every kind or nature, known or unknown, suspected
or unsuspected, disclosed or undisclosed, arising out of or in any way related to
such disputes. THE COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL
NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD
PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS,
PRODUCTS, OR SERVICES OF THIRD PARTIES.
This Agreement shall remain in full force and effect while you use the Services.
You may terminate your use of the Services at any time. The Company may terminate
or suspend your access to the Services or your membership or registration at any
time, for any reason, and without warning, which may result in the forfeiture and
destruction of all information associated with your membership. The Company may
also terminate or suspend any and all Services and access to the Website immediately,
without prior notice or liability, if you breach any of the terms or conditions
of this Agreement. Upon termination of your account, your right to use the Services,
access the Website, and any Content will immediately cease. On termination of your
account, the Company has the right to refund your transactions, or keep your funds
on hold for a period, as deemed fit by the Company, from the date of termination
post which such amount shall be released to your account or any such account as
directed, in accordance with the then applicable laws. All provisions of this Agreement
which, by their nature, should survive termination, shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers, and limitations
of liability.
The Company, upon obtaining knowledge by itself or been brought to actual knowledge
by an affected person or User in writing or through email signed with electronic
signature about any such information which is not authorized to be displayed while
using the Services, including, not limited to, the details as provided in the above
mentioned, The Company shall act within thirty six hours or at the time the Company
is aware of such information being posted and where applicable, work with User or
owner of such information to disable such information that is in contravention and
not authorized to be displayed on the Website or in the Services provided. Further,
the Company shall preserve such information and associated records for at least
ninety days or for any number days, for investigation purposes. Post internal investigation(s),
if any, conducted by the Company and post ceasing the right(s) of the Seller or
the User or any other relevant party to access or use the Services, Website, and
any Content, Company reserves the right to disclose any and all information to the
relevant governmental authorities, for any further actions to be taken under the
law. The Company reserves the right to take any such action, on any suspicious and/or
reasonable ground(s).
In case the Company receives considerable amount of Buyer complaints or dispute
cases on Resolution Center or Chargeback or by any other means, the Company becomes
aware of the fact that the Seller has misrepresented their business activities/Product/Services
or has used Company's Services or the platform provided to collect payments for
purposes other than what was disclosed to the Company, the Company reserves the
right to suspend or terminate the Seller's account permanently and refund the transactions
to the Buyer's to the instrument through which the payment was made or received
by the Company.
In case the amount not released to the Seller is more than the refund amount or
amount to be refunded to the Buyer, the Seller is required to make necessary payments
to the Company to execute the refunds. Failing to recover the refunds paid to the
Buyer or to be paid to the Buyer, the Company reserves the right to make all reasonable
collection efforts and/or file a law suit or complaint or take any legal recourse
available to the Company, against the Seller or any of the Seller’s representatives,
as per the details provided by the Seller to Company.
In an event, where the Company is unable to provide refund to the Buyers for the
transaction(s), for the reasons which includes, without limitation, ascertaining
the actual payers, the Company reserves the rights to take appropriate legal actions
and report the matter to law enforcement agencies such as Cyber Crime Division,
Computer Emergency Response Team, Economic Offenses Wing, Financial Intelligence
Unit and any other appropriate regulatory body and shall continue to withhold the
amount in its accounts or deposit or transfer the amount to the concerned account(s),
as directed by the competent regulatory authority.
All notices addressing to the Company will be served by email or by general notification
on the Website. Any notice provided to Company pursuant to the Terms should be sent
to support services at support@dsiindia.in.
We have and continue to have the right to modify, change or update this Terms of
Service and any other policies as provided on the Website, at any time by reasonably
highlighting on the Website about such change. Such changes shall be effective immediately
upon posting to the Website. You are advised to keep a regular check and update
on the Policy updates on the Website.
Users shall comply with all the applicable laws (including without limitation Foreign
Exchange Management Act, 1999 and the rules made and notifications issued there
under and the Exchange Control Manual as may be issued by Reserve Bank of India
from time to time, Customs Act, Information and Technology Act, 2000 as amended
by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering
Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976
and the rules made there under, Income Tax Act, 1961 and the rules made there under,
Export Import Policy of government of India) applicable respectively for using payment
facility and our Website.
Without limiting the foregoing, under no circumstances shall the Company, its affiliates,
officers, employees, agents, partners and licensors be held liable for any damage
or loss, penalty due to delay or deficiency in performance of the Website and Services
resulting directly or indirectly from acts of nature, forces, or causes beyond its
reasonable control, including, without limitation, Internet failures, computer equipment
failures, telecommunication failures, major electricity failures, internet outage,
downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages
of labor, fluctuations in heat, light, fire or air.
The failure of either party to exercise, in any respect, any right provided for
herein shall not be deemed a waiver of any further rights hereunder. The Company
shall not be liable for any failure to perform its obligations hereunder where such
failure results from any cause beyond the Company’s reasonable control, including,
without limitation, mechanical, electronic or communications failure or degradation
(including “line-noise” interference). If any provision of this Agreement is found
to be unenforceable or invalid, that provision shall be limited or eliminated to
the minimum extent necessary so that this Agreement shall otherwise remain in full
force and effect and enforceable. This Agreement is not assignable, transferable
or sub licensable by you except with the Company’s prior written consent. The Company
may transfer, assign or delegate this Agreement and its rights and obligations without
any consent. Both parties agree that this Agreement is the complete and exclusive
statement of the mutual understanding of the parties and supersedes and cancels
all previous written and oral agreements, communications and other understandings
relating to the subject matter of this Agreement, and that all modifications must
be in writing signed by both parties, except as otherwise provided herein. No agency,
partnership, joint venture, or employment is created as a result of this Agreement
and you do not have any authority of any kind to bind Company in any respect whatsoever.
Headings for each section have been included above for your convenience, but such
headings do not have any legal meaning, and may not accurately reflect the content
of the provisions they precede. You and the Company agree there are no third party
beneficiaries intended under this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the India, without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Bhopal, India in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 and any amendments thereof by one or more arbitrator(s) appointed mutually by the parties in accordance with those regulations. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief at any time. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Bhopal, India.
In case of cancellation of AePS transaction. All refunds will be processed after 15 days the conclusion- failure of the transaction. Amount has been Refunded in Debited Account. In Case of transaction has spilled by Network issue then We Check the transaction, conclusion has success Amount has been Refunded in Retailer Wallet manually Process.
Note- Company is not Responsible for any kind of payment fraud. & additional Charges taken by Retailer.