By using Benow's Services you agree to the following disclaimers:
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, BENOW, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("BENOW PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE BENOW PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILLS, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE BENOW PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BENOW OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY BENOW, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
Limitation of Liability
Eligibility
For the purposes of availing the Services through the Benow Merchant App, Benow may collect the following personal information from You:
The use/ access of the Benow Merchant App is only available to natural persons, other than those who are 'incompetent to contract' under the cContract Act, 1872 of the relevant jurisdictions. That is, persons including minors, un-discharged insolvents, persons of unsound mind, etc. are not eligible to use/ access the Benow Merchant App. By accessing or using the Benow Merchant App, You accept the terms as mentioned under the Terms of Use and represent and warrant to Benow that you are 'competent to contract' under the cContract Act and that you have the right, authority and capacity to use the Benow Merchant App and agree to and abide by these Terms of Use.
The Benow Merchant App uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Benow for the technical administration of the Benow Merchant App, research and development and for User administration. In the course of optimizing services to You, Benow may allow authorized third parties to place or recognize a unique cookie on the Your browser. Benow does not store personally identifiable information in the cookies.
Benow, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access to the Benow Merchant App, at any time while Benow investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.
Payment Services
Through the Benow Merchant App, Benow facilitates the technology-enabled payment processing and marketing solution services. We facilitate the collection of payments from customers, collect incentives due to you from government, banks and other third parties and settlement of such payments to the respective accounts. For all payments transactions, we are only acting as an intermediary.
In an effort to manage risk, we may monitor your transactions and processing activity for high-risk practices or fraudulent transactions. If we believe that there is any suspicious or unusual activity, we may temporarily or permanently suspend your account after intimating the same to you.
Once you receive an SMS that a customer payment has been received, we guarantee to pay into your specified account the amount due within T+2 bank working days ( or such other period as may be specified by the RBI from time to time ) from completion of transaction. However, in case you do not receive any SMS or notification from Benow regarding completion of your transaction, please do not assume that payment has been made by the customer unless the same is notified by Benow through SMS or notification
In case of Chargeback event, Benow shall be entitled to withhold the settlement and demand further documentation from you in case of pending enquires raised by the partner bank or any Rregulatory/ Statutory body, as the case may be, till the time issue is resolved. Benow shall also have the unconditional right to block/withhold any future payments to you in this regard until all the issues relating to chargeback events are resolved. Benow has right to recover such chargeback amount from you and refund such to customers.
You agree that, if any dispute(s) or any differences arises between you and customer in connection to transactions made using our services under this agreement, you shall are required to resolve such complaints within 48 hours of receip of such complaint. In case of return transactions when both the counterparties reach to a settlement, you will be liable to pay the amount to Benow immediately and benow will refund the said amount to the customer. If written request is initiated after T+1, it will be treated as separate transaction.
Representation as to legal title
Benow does not make any representation or warranty as to the use of the Services offered on the Benow Merchant App. At no time shall any right, title, claim or interest in the Services provided through or displayed on the Benow Merchant App vest with Benow nor shall Benow have any obligations or liabilities in respect of any transactions on the Benow Merchant App.
You agree and acknowledge that Benow shall not be responsible for any claims/ liabilities/ damages that may arise while transacting and/or procuring Services that have been offered on the Benow Merchant App.
Your License
If you submit material, and unless we indicate otherwise, you grant Benow and 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 Benow and 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 submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Benow or its affiliates for all claims arising from content you supply. Benow has the right but not the obligation to monitor and edit or remove any activity or content. Benow takes no responsibility and assumes no liability for any content submitted by you or any third party.
Use of the Benow Merchant App
As part of the Services, Benow provides Content on the Benow Merchant App targeted at general public for informational purposes only and does not constitute any professional advices or recommendations of any kind. Benow and/or its affiliates, accept no responsibility for any legal or financial events or outcomes related to the Services availed through the use of the Benow Merchant App. Benow makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused due to technical glitches or by Benow employees/representatives. Benow is not responsible for transmission errors, corruption of data.
The Benow Merchant App may not be used for illegal purposes. The information provided on the Benow Merchant App and Services may not be used for any illegal purpose. You may not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's or organisation's use and enjoyment. You may not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Benow Merchant App, the information, or Services. You may not use any automated means (such as a scraper) to access the Benow Merchant App, the information, or Services for any purpose. Any attempt by any individual or entity to solicit information of any other user is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
Benow may, at its sole discretion, suspend User's ability to use or access the Benow Merchant App at any time while Benow investigates complaints or alleged violations of these Terms of Use, or for any other reason.
Copyright
All content included on this Benow Merchant App, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and products, is the property of Benow or its suppliers and is protected by Indian Ccopyright laws. All the products and the compilation of all products on this site is the exclusive property of Benow and protected by Indian Copyright laws.
Trademarks
Benow, the Benow logo, and other marks indicated on our Benow Merchant App are trademarks of Benow or its affiliates. Other Benow graphics, logos, page headers, icons, scripts, and service names are trademarks or trade dress of Benow or its affiliates. Benow' and its affiliates' trademarks and trade dress may not be used in connection with any product or service that is not Benow' or its affiliates' as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Benow or its affiliates. All other trademarks not owned by Benow or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Benow or its affiliates.
Your license
If you submit material, and unless we indicate otherwise, you grant Benow and 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 Benow and 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 submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Benow or its affiliates for all claims arising from content you supply. Benow has the right but not the obligation to monitor and edit or remove any activity or content. Benow takes no responsibility and assumes no liability for any content submitted by you or any third party.
Copyright Complaints
Benow and its affiliates, respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our 'Notice and procedure for making claims of copyright infringement' (mentioned below).
Notice and procedure for making claims of copyright infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Benow' copyright agent, the written information specified on the Benow Merchant App. Please note that this procedure is exclusively for notifying Benow and its affiliates, that your copyrighted material has been infringed.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Fees
In Consideration of services of the services rendered by us, you shall pay to Benow a fee. We reserve all right to revise the fees periodically and we will intimate you about such change within reasonable time. Fees once charged by Benow will not be refunded to you for any matter whatsoever. In event where fees is not paid by you, we have all rights to deduct such overdue fees from the settlement amount.
Other Terms
The use of the Benow Merchant App involves every Users' registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by Benow from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
The Users are responsible for maintaining the confidentiality of the Users' account access information and password. The Users shall be responsible for all uses of the Users' account and password, whether or not authorized by the Users. The Users shall immediately notify Benow of any actual or suspected unauthorized use of the Users' account or password.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Benow has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Benow shall have the right to suspend or terminate such account at its sole discretion.
Benow may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. Benow shall ensure the same level of data protection that is adhered to by Benow as provided for under applicable laws, only if such transfer is necessary for the performance of the lawful contract between Benow or any person on its behalf and the user or where the User has consented to data transfer.
By accepting these Terms of Use and by registering on the Benow Merchant App, You consent to be contacted by us, You further consent to receive emails and messages (SMS) notifications and information at any time from us.
Each User is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Benow is in no way responsible for any of the taxes except apart fromor its own tax liabilities.
The subscription fees for the Services, if any charged by Benow, could be paid online through the facility made on the Benow Merchant App. Benow is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Benow.
Each User undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
You are also prohibited from:
Benow, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person/User in writing or through email signed with electronic signature about any such information, shall be entitled to disable such information that is in contravention of this Clause or any provisions of these Terms of Use. Benow shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a User, Benow has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.
Liability
Indemnity
You agree to indemnify, defend, and hold harmless the Benow Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by Benow arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or Benow Merchant App; (iii) your access to and use of the Services and the Benow Merchant App; (iv) your violation of any rights of another party; or (v) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or Iintellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Modification of Benow Merchant App
Benow reserves the right to modify or discontinue, temporarily or permanently, the Benow Merchant App or any features or portions thereof without prior notice. Users agree that Benow will not be liable for any modification, suspension or discontinuance of the Benow Merchant App or any other part thereof.
Benow reserves the right to change or modify these Terms of Use or any policy or guideline, policies or conditions of use of the Benow Merchant App including the Privacy Policy, at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Benow Merchant App and You are not liable to receive specific notice of such changes or modifications. Your continued use of the Benow Merchant App will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Benow Merchant App.
Intellectual Pproperty Rights
All the intellectual property used on the Benow Merchant App except those which have been identified as the Iintellectual properties of the other parties shall remain the exclusive property of the Company. The Users agree not to circumvent, disable or otherwise interfere with security related features of the Benow Merchant App or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Benow Merchant App or the materials therein. The materials on the Benow Merchant App or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
Compliance of Applicable Law
While communicating/ transacting with each other through the Benow Merchant App, the Users shall at all times ensure full compliance with the applicable provisions of the Indian Contract Act, 1872, Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), Consumer Protection Act, 1986, etc. as prevalent in India , The Malaysian Personal Data Protection Act 2010 and the applicable laws of the United Arab Emirates (UAE) as well as all other laws as applicable in the relevant jurisdictions for the time being in force, and ensure due payment of applicable taxes ("Applicable Laws").
The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to Benow, as a result of use of the Benow Merchant App or the Services provided on the Benow Merchant App by the users.
Termination
(Parties for the Purpose of these Terms of Use shall collectively mean the Users and Benow)
The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
Force Majeure
Users accept and acknowledge that Benow shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Benow), or any other delay or default or deficiency or failure which arises from causes beyond Benow's reasonable control ("Force Majeure Event"). In the event of any Force Majeure Event arising, Benow, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User(s) of the facts which constitute the Force Majeure Event.
Governing Law and Dispute Resolution
All disputes will be subject to Aarbitration at the respective jurisdictions in English by a sole arbitrator appointed by Benow under the laws prevalent in the respective jurisdictions as mentioned herein below. You agree to submit to the personal jurisdiction of the courts located within the said jurisdiction, for the purpose of litigating all claims that arise between You and Benow.
Unless otherwise required by a mandatory law of any jurisdiction, these Terms of Use (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles. Further, you and Benow agree to the jurisdiction of the Ccourts listed below to resolve any dispute, claim, or controversy that arises in connection with these Terms of Use and Privacy Policy as provide on the Benow Merchant App of the Company and any non-contractual disputes/claims arising out of or in connection with them.
| Country | Governing Law | Jurisdiction |
|---|---|---|
| India | Arbitration and Conciliation Act, 1996 | Mumbai |
Survival
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
Severability
If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
Waiver
No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Benow. Any consent by Benow to, or a waiver by Benow of any breach by Users, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
YOU MUST COMMENCE/ INITIATE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE/ INITIATE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
Headings
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.
Contact Information
If any User(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at support@benow.in. If any User(s) has any questions concerning Benow, the Benow Merchant App, these Terms of Use, or anything related to any of the foregoing, Benow can be reached at the following email address – support@benow.in or via the contact information available from the following hyperlink : Contact us
Jurisdiction
A508, Sagar Tech Plaza, Andheri Kurla Road, Sakinaka, Junction, Andheri East, Mumbai, Maharashtra 400072.
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