This Agreement was last updated on January 02, 2019
This document is an electronic record in terms of Information Technology Act, 2000 including all its amendments 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.
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BEING IRREVOCABLY BOUND BY THIS AGREEMENT AND ALL OF THE TERMS SET OUT HEREIN. YOU REPRESENT AND WARRANT THAT: (i) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS ELECTRONIC AGREEMENT; (ii) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO PERFORM THE OBLIGATIONS UNDER THIS AGREEMENT AND TO GRANT THE RIGHTS AND LICENSES DESCRIBED IN THIS AGREEMENT AND IN ANY APPLICABLE ADDITIONAL AGREEMENT ENTERED INTO IN CONNECTION WITH ANY OF THE SERVICES OR THIRD PARTY ONLINE SERVICES. OWESEE RESERVES THE RIGHT TO MODIFY THE TERMS OF THIS AGREEMENT AT ANY TIME, EFFECTIVE UPON POSTING HERE OF AN UPDATED VERSION OF THIS AGREEMENT. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THIS AGREEMENT. YOU AGREE THAT CONTINUED USE OF THE SERVICE AFTER ANY SUCH CHANGES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT OR TO THE MODIFIED TERMS AND CONDITIONS, YOU MAY STOP USING THE SERVICES AND CANCEL THE ASSOCIATION OR TERMINATE THE AGREEMENT BY UINSTALLING THE USER APP.
Throughout this agreement, "You", "Yours", "User" refers to the user of the PaasMey User App whereas "We", "Us", "Ours", "OWeSee" refer to OWeSee Cloud Communications Private Limited, an existing company under the provisions of Companies Act, 2013, having its registered office at 11th Floor, N1 Block, Embassy Manyata Tech Park, Bangalore 560045, Karnataka.
OWeSee has developed a Platform under the brand name of 'PaasMey' (Hereinafter referred to as the "PaasMey Platform"). Through the PaasMey Platform, OWeSee is in the business of serving their customers who use communication mediums over internet to transact with them.
PaasMey Platform: Means an integrated Platform comprising of User App and Servers which is collectively owned, operated and managed by OWeSee for the purpose of order placement and fulfilment.
Documentation: Means the End User Technical Content provided as part of the Services offered by PaasMey Platform.
User App: Means an Android marketplace mobile application installed on Smartphone.
PaasMey User: Means any person, natural or legal, who registers with PaasMey Platform using the User App as PaasMey's Membership Customer.
Guest User: Means any person, natural or legal, who uses the User App without registration with the PaasMey Platform.
Customer:Means any person, natural or legal, who enters into a transaction with PaasMey as a Membership Customer.
Membership Customer:Means any Customer who has acquired membership with PaasMey by requesting membership using the User App.
Product(s): Means items or goods that PaasMey wish to offer for sale to its Customer.
Order: Means the order placed by the Customer through the PaasMey Platform for the purchase of Product(s)
Online Order:Means the Order placed with PaasMey by a Membership Customer using communication mediums over the internet on User App.
Top-up:Means any payment made by the Membership Customer to PaasMey where membership is held.
PaasMey Content:Means any Content provided by OWeSee as part of the Services offered through the PaasMey Platform, including, but not limited to, PaasMey User's Content, Aggregate/Anonymous Content.
Content:Means any information that may be generated or encountered through use of the Services offered through PaasMey Platform, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials.
Aggregate/Anonymous Content:Means (i) any Content generated by aggregating PaasMey User Content with other Content so that results are non-personally identifiable with respect to the User and (ii) any anonymous learning, logs and Content regarding use of the Services offered by PaasMey Platform.
Service(s): Means the services offered by PaasMey Platform to Customers to buy items.
Beta Service(s): Means the service(s) offered by PaasMey Platform for the purpose of testing and evaluation at no additional charge. Beta Service(s) are clearly designated as beta, trial, pilot, limited release, developer preview, non-production, evaluation, or by a similar description.
Payment Service Provider: Means a provider of online services for accepting electronic payments by a variety of payment methods including but not limited to credit card, bank-based payments such as direct debit, bank transfer, UPI and real-time bank transfer based on online banking.
Payment Facility:Means the facility for the Merchants to collect payments from Customers which is offered by the PaasMey Platform through OWeSee's approved Payment Service Providers.
Intellectual Property:Means all intellectual property, in any part of the world, whether registered or not registered, in particular: (i) all trademarks, service marks, trade names, logos; patents, design rights; trade secrets, including, know-how, technology, source code, API's, databases, design elements including user interfaces, formulae, industrial, scientific and commercial information, techniques and inventions; processes, manuals, documentation, and scientific and technical data and information; copyrights, works of authorship, and topography rights, data base rights; computer hardware and software including computer programs and any other information in relation to the above; (ii) technical know-how and information, business and market information, in relation to Services and process development validation, integrated business support services, operational support services, end user services, training and support service, marketing and other allied services; (iii) all rights under licenses in respect of all of the above specified at (i) herein; (iv) any applications or registrations for the protection of all of the rights specified at (i); and (v) all renewals and extensions thereof.
The Services offered by PaasMey Platform shall be used only for lawful purposes. Transmission, distribution, storage or export of any material in violation of any applicable law or regulation is prohibited. The Services offered by PaasMey Platform allows message or communication facilities designed to enable you to transact with PaasMey.
The User App software requires to be updated to further develop, improve and enhance the Services of PaasMey Platform through bug fixes, new or enhanced features, or completely new versions. You agree to download and upgrade the User App as and when there are updates to the User App.
In connection with the use of Services, you give explicit consent and allows OWeSee to send certain communications such as service announcements, administrative messages and newsletters. You have the option to opt out from some of the communications. However, you agree that you will not be able to opt out from receiving Service announcements and administrative messages.
You acknowledge that the Services offered by PaasMey Platform may include goods, information, software, and services ("Third Party Service(s)") that is developed, provided or maintained by third-party service providers. Your access to and use of any Third Party Services is governed by the terms, conditions, disclaimers, and notices associated with such Third Party Services. OWeSee does not control, endorse, or accept responsibility for Third Party Services. OWeSee is not liable for, and makes no representations as to any aspect of such Third Party Services. Any dealings between you and any third-party in connection with a Third Party Service, including such party's privacy policies and use of your personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party.
You agree to defend, indemnify and hold harmless OWeSee, its affiliates, successors, assigns, and each of their directors, officers, employees, associates, agents, and representatives from any and all claims, liabilities, damages, cost (inclusive of all Legal Costs), and expenses arising out of: (i) Any violation of any provision in this Agreement or the breach of your warranties, representations and obligations under this Agreement; (ii) Any Content of User App or your use of the User App; (iii) Any transaction with PaasMey including but not limited to Order Placement, Sale, Payments and Delivery through the PaasMey Platform; (iv) Any intellectual property or other proprietary right of any person or entity; or (v) any information or data you supplied to OWeSee.
TO THE GREATEST EXTENT PERMISSIBLE UNDER LAW OWESEE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING BODILY INJURY, DEATH, LOSS OF REVENUE, OR PROFITS OR OTHER BENEFITS, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, STATUTORY REMEDY, AND CLAIMS BY ANY THIRD PARTY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS.
ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING WITHOUT LIMITATION ANY FAILURE BECAUSE OF SERVER HARDWARE OR COMMUNICATION SYSTEMS, HOSTING SERVICES OR SERVICES THAT ARE INTERRUPTED, INACCURATE, UNRELIABLE, UNSECURE OR CONTAIN ERRORS. YOUR USE OF OR RELIANCE UPON THE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, OWESEE DO NOT MAKE AND HEREBY DISCLAIM, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, STATUTORY REMEDY OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
The User App may contain or be provided with components that are subject to the terms and conditions of "open source" software licenses ("Open Source Components"). To the extent required by the license that accompanies the Open Source Components, the terms of such license (including, without limitation, any provisions governing access to source code, modification or reverse engineering) will apply in lieu of these Terms with respect to those Open Source Components only.
OWeSee Cloud Communications Private Limited,
11th Floor, N1 Block,
Embassy Manyata Tech Park,
Bangalore, Karnataka, 560045
CIN No. - U72200KA2014PTC077849
E-mail ID - firstname.lastname@example.org, Subject: User Terms Grievance
Mobile - +91-9686454079