You hereby consent to CLIENT being appointed as your authorized
representative to receive your Credit Information from Experian for the
purpose of giving me the best loan offers (“End Use Purpose”), on ongoing
basis for not exceeding a period of six (6) months.
This End User Agreement (the “Agreement”) is made between you (the “User” or
“You”) and CRITICAL PATH TECHNOLOGIES PVT LIMITED, a private limited company
having its registered office at 3rd Floor, Orchid Center, Golf course road,
Sector 53, Gurugram, Haryana, 122002 (“CLIENT”, “Us” or “We”, which term
shall include its successors and permitted assigns). The User and CLIENT
shall be collectively referred to as the “Parties” and individually as a
“Party”.
BY EXECUTING THIS AGREEMENT / CONSENT FORM, YOU ARE EXPRESSLY AGREEING TO
ACCESS THE EXPERIAN CREDIT INFORMATION REPORT AND CREDIT SCORE, AGGREGATE
SCORES, INFERENCES, REFERENCES AND DETAILS (AS DEFINED BELOW) (TOGETHER
REFERRED AS “CREDIT INFORMATION”). YOU HEREBY ALSO CONSENT TO SUCH CREDIT
INFORMATION BEING PROVIDED BY EXPERIAN TO YOU AND CLIENT BY USING EXPERIAN
TOOLS, ALGORITHMS AND DEVICES AND YOU HEREBY AGREE, ACKNOWLEDGE AND ACCEPT
THE TERMS AND CONDITIONS SET FORTH HEREIN.
Information Collection, Use, Confidentiality, No-Disclosure and Data Purging
CLIENT shall access your Credit Information as your authorized
representative and CLIENT shall use the Credit Information for limited End
Use Purpose consisting of and in relation to the services proposed to be
availed by you from CLIENT. We shall not aggregate, retain, store, copy,
reproduce, republish, upload, post, transmit, sell or rent the Credit
Information to any other person and the same cannot be copied or reproduced
other than as agreed herein and in furtherance to CICRA.
The Parties agree to protect and keep confidential the Credit Information
both online and offline.
The Credit Information shared by you or received on by us on your behalf
shall be destroyed, purged, erased promptly of upon the completion of the
transaction/ End Use Purpose for which the Credit Information report was
procured for up to a maximum of 6 months.
Governing Law and Jurisdiction
The relationship between you and CLIENT shall be governed by laws of India
and all claims or disputes arising there from shall be subject to the
exclusive jurisdiction of the courts of Mumbai.
Definitions:
Capitalized terms used herein but not defined above shall have the following
meanings: “Business Day” means a day (other than a public holiday) on which
banks are open for general business in Mumbai.
“Credit Information Report” means the credit information / scores/
aggregates / variables / inferences or reports which shall be generated by
Experian;
“Credit Score” means the score which shall be mentioned on the Credit
Information Report which shall be computed by Experian.
“CICRA” shall mean the Credit Information Companies (Regulation) Act, 2005
read with the Credit Information Companies Rules, 2006 and the Credit
Information Companies Regulations, 2006, and shall include any other rules
and regulations prescribed thereunder.
PLEASE READ THE ABOVE MENTIONED TERMS AND CONDITIONS AND CLICK ON “ACCEPT”
FOLLOWED BY THE LINK BELOW TO COMPLETE THE AUTHORISATION PROCESS/ FOR
SHARING OF YOUR CREDIT INFORMATION BY EXPERIAN WITH CLIENT IN ITS CAPACITY
AS YOUR AUTHORISED REPRESENTATIVE.
** This document is an electronic record in terms of the Information
Technology Act, 2000 and Rules made there under, and the amended provisions
pertaining to electronic records.
These Terms and Conditions (“
Terms”) govern access or use by you
(“user”, “ you”, “ your”)
of the Platform (defined below) provided by Critical Path Technologies
Private Limited (“ SalarySe”, “ we”,
“us” or “our”), a company established
under the provisions of Companies Act, 2013, bearing company identification
number U72900HR2022PTC107005 having its principal office at 2nd Floor, Plot
No. 1956, Sector - 57, Gurgaon, Haryana, India - 122001. Please read these
Terms carefully before accessing or using the Platform or our Services
(defined below). These Terms also include our privacy policy, available at
https://salaryse.com/PrivacyPolicy.html
(“Privacy Policy”), and the Additional Terms and Conditions
(defined below).
Your access and use of the Platform and the Services constitute your
agreement to be bound by these Terms, which establishes a contractual
relationship between you and SalarySe. If you do not agree to these Terms,
you may not access or use the Services or the Platform. For the avoidance of
doubt, it is clarified that these Terms shall apply to all Services offered
by SalarySe.
For the purpose of further clarity, this document is an electronic record in
terms of the Information Technology Act, 2000, (“
IT Act”) amendments thereof from time to time and the rules
thereunder as applicable, and the amended provisions pertaining to
electronic records in various statutes as amended by the IT Act. This
electronic record is generated by a computer system and does not require any
physical or digital signatures.
-
DEFINITIONS
-
“Additional Terms and Conditions”
shall mean any guidelines, additional terms, policies, or
disclaimers made available or issued by us, any third party or
Affiliate from time to time in relation to the respective
Services.
-
“Affiliate(s)”
shall mean group companies, affiliates, associates, and/or
subsidiaries of SalarySe.
-
“Applicable Law(s)”
means any statute, law, regulation, ordinance, rule, judgment,
notification, order, decree, by-law, permit, licences,
approvals, consents, authorisations, government approvals,
directives, guidelines, requirements, or other governmental
restrictions, or any similar form of a decision of, or
determination by, or any interpretation, policy or
administration, having the force of the law of any of the
foregoing, by any Authority, whether in effect as on the date of
you agreeing to be bound by these Terms or at any time
thereafter.
-
“Authority”
shall mean any judicial, quasi-judicial, governmental authority,
statutory authority, regulatory authority, government
department, agency, commission, board, rule or regulation-making
entity or authority having or purporting to have jurisdiction
over you or us, or other subdivision thereof to the extent that
the rules, regulations, standards, requirements, procedures, or
orders of such authority, body, or organisation have the force
of any Applicable Law or any court or tribunal having
jurisdiction, including but not limited to the Reserve Bank of
India.
-
“Device Binding”
shall mean the compulsory requirement to register the User’s
device as a trusted device for availing/utilising the Services,
which the User shall be able to do only while the SIM for mobile
phone number is installed/available in the device being
registered.
-
“Mobile Application”
shall mean the mobile application owned and operated by
SalarySe, namely SalarySe.
-
“Services”
shall have the same meaning as ascribed to it under Clause 3 of
these Terms.
-
“SIM Binding”
shall mean the compulsory requirement of the SIM for mobile
phone number being installed/available in the device while the
User attempts to use/avail Services.
-
“Platform”
shall mean the Mobile Application and Website.
-
“Website” shall mean the website owned and
operated by SalarySe available at
www.salaryse.com
.
-
ELIGIBILITY
-
By accepting these Terms, you represent and warrant that (a) you
have full legal capacity, right and authority to agree to and be
bound by these Terms, (b) you are at least 18 (eighteen) years
of age or older, (c) you have not been previously suspended or
removed by SalarySe or any of its Affiliates from availing the
Services or have been disqualified from availing any Services,
(d) you are not barred or otherwise legally prohibited from
accessing or using the Services and (e) you are not and will not
impersonate any person, entity or falsely state or otherwise
misrepresent such person’s or entity’s identity. A person who is
not competent to contract (a minor, a person of unsound mind,
etc.) may not access this Platform and use the Services without
the consent of his or her guardian. The guardian is presumed to
have read these Terms to give consent on behalf of a minor and
shall be bound by these Terms. If at any time, SalarySe is of
the opinion that you do not satisfy the eligibility criteria,
including but not limited to any misrepresentation, misuse of
any Service or offers, fraudulent or suspicious activities or
transactions, SalarySe retains all rights to disable your access
to the Platform and/or suspend your use of the Services with
immediate effect.
-
If you represent an entity, organisation, or any other legal
person, not being a natural person, you confirm and represent
that you are duly authorized by the organization, the entity,
the legal person, or management of such organisation, entity, or
a legal person to accept these Terms have the necessary power
and authority to bind such entity, organisation, or legal person
to these Terms.
-
SERVICES
-
The Services include provision of the Platform by us and the
access to various products and services including financial
products and services, and other allied activities to you
through the Platform by us
(“Services”).
-
The Services may include services, content, documents, and
information owned by, licensed to, or otherwise made available
by a third party or our Affiliates (“
Third Party Services
”), and may also include links to the Third Party Services. You
understand and acknowledge that Third Party Services are the
responsibility of the respective third-party or Affiliate that
renders such Third party Services. You further acknowledge that
your use of such Third Party Services is solely at your own
risk.
-
We make no representations and disclaim all warranties and
liabilities arising out of or pertaining to such Third Party
Services including their accuracy or completeness. Should you
avail any Third Party Service, you shall be governed and bound
by the Additional Terms and Conditions of the applicable third
party or the Affiliate providing the Third Party Service.
-
We shall send all communications to our users by text messages,
electronic mails, WhatsApp messages, push notifications and/or
via other progressive technology in connection with your access
to the Platform, utilisation of the Services and as part of our
promotional and marketing strategy. You agree to receive all
messages, emails and/or WhatsApp messages including
transactional messages from us, any third parties and our
Affiliates. We may use third party service providers to send
alerts or to communicate with you. You authorize us, our
Affiliates and other entities providing Third Party Services to
override the DND settings to reach out to you over calls, SMS,
emails and any other mode of communication.
-
You further acknowledge that you are responsible for the contact
details shared with us and shall update us on any change to your
contact details.
-
PROFILE CREATION
-
In order to avail the Services, an account will be created on
the Platform by fetching your details from your employer’s human
resource management system such as to your name, phone number,
email address, and date of birth (“Account”). You agree to
provide and maintain true, accurate, and complete information
about yourself as prompted on the Platform and failure to do so
shall constitute a breach of the Terms, which may result in
immediate termination or suspension of your Account.
-
You are solely responsible for maintaining the confidentiality
of the Account details and for any activity that occur through
your Account. You agree to immediately notify SalarySe of any
actual or suspected unauthorised use of your Account or any
other breach of security. SalarySe will not be liable for any
losses or damages that may arise from your failure to comply
with the above-mentioned provisions or your failure to ensure
the confidentiality of your Account or password.
-
We reserve the right to disable your access to the Account if,
in our reasonable opinion, you are in breach of any provision of
the Terms or the Applicable Law or in the event of any actual or
suspected unauthorised access to your Account.
-
You agree and acknowledge that the device which you use during
creation of your Account, shall become your registered device
and the details of such device shall be stored by us. In the
event you wish to log into your Account on the Platform from a
different device, you will be asked to allow SalarySe to
authenticate your contact number with the new device, after
which the new device becomes the registered device. Your access
to the Services is subject to your compliance with the Device
Binding and SIM Binding requirements at all times.
-
To use the Platform and avail the Services, and subject to our
Privacy Policy, you are (where feasible), required to allow us
access information that we may require to provide you with our
Services. You have the right to revoke permissions on access to
your data at any time, however, it will impair your access to
our Platform and the Services.
-
You shall be solely responsible for ensuring compliance with
Applicable Laws and shall be solely liable for any liability
that may arise due to a breach of your obligation in compliance
with Applicable Laws.
-
VERIFICATION
-
You may be required to undertake certain additional processes
with us in order to avail the Services as stated in the Loan
Terms. In this regard, we may require you to upload documents
and information (“Documents”) that may be necessary for us to
ascertain your eligibility to avail the Third Party Services.
-
You authorise us, and any third-party service provider we may
engage with, to process your Documents and ascertain your
eligibility to avail the Third Party Services. Any processing
that we undertake shall be in accordance with our Privacy
Policy. You agree that such processing may be subject to
Additional Terms and Conditions in the event a third-party
processes information under this Clause.
-
Further, during the Term, we reserve the right to seek any
additional information, data, or documentation (collectively,
“Additional Information”) that may be required to determine your
eligibility to avail the Services or for the continued use of
Services. You agree to share such Additional Information
promptly upon request, and further authorise us to process such
Additional Information.
-
You agree and warrant to provide true, complete, and up-to-date
Documents and Additional Information to us. If we suspect that
the Documents or the Additional information provided by you is
unreliable or appears to be fraudulent or deficient, then we
reserve the right to not provide you the Services or the
Platform, as the case may be.
-
SalarySe does not accept any responsibility or liability for any
loss or damage that you may suffer or incur if any information,
documentation, material, or data provided to avail the Services
is incorrect, incomplete, inaccurate, or misleading, or if you
fail to disclose any material fact.
-
I give my consent to download my KYC Records from the Central
KYC Registry (CKYCR) by Fintelligence Data Science Pvt Ltd, only
for the purpose of verification of my identity and address from
the database of CKYCR Registry. I understand that my KYC Record
includes my KYC Records/Personal information such as my name,
address, date of birth, PAN number etc.
-
INTELLECTUAL PROPERTY RIGHTS
-
All rights, title, and interest in and to the Platform and/or
Services, including text, graphics, software, photographs and
other images, videos, sounds, trademarks, and service marks are
owned by or otherwise licensed to us. Subject to your compliance
with these Terms, we grant you a non-exclusive,
non-transferable, non-sublicensable, royalty-free, revocable,
and limited licence to use the Services in accordance with these
Terms.
-
All names, whether or not appearing with the trademark symbol,
are trademarks that belong to us unless otherwise stated by us.
The use or misuse of these trademarks or any other materials,
except as permitted in these Terms, is expressly prohibited and
may be in violation of copyright law, trademark law, and any
other Applicable Law.
-
The contents of this Platform are subject to copyright
protection. The contents of the Platform may not be copied,
recopied, reproduced, or otherwise redistributed. You should not
copy, display, download, distribute, modify, reproduce,
republish, or retransmit any information, text, or documents
contained in this Platform or any portion thereof in any
electronic medium or in hard copy, or create any derivative work
based on such images, texts or documents, without our express
written consent or as otherwise permitted in these Terms.
-
SalarySe may request you to submit suggestions and other
feedback, including bug reports, relating to the Services or the
Platform, from time to time (“Feedback”). SalarySe may freely
use, copy, disclose, publish, display, distribute, and exploit
the Feedback without any payment of royalty, acknowledgment,
prior consent, or any other form of restriction arising out of
your intellectual property rights. You hereby waive any rights
you may have that arise out of such Feedback and agree to
execute such documentation as SalarySe may request to give
effect to SalarySe’s rights under this Clause.
-
You may upload or submit certain information, content,
submissions, ideas, suggestions, proposals, plans, or other
material, whether with or without our request (collectively,
“Content”). You hereby grant us a non-exclusive, worldwide,
perpetual, irrevocable, transferable, sublicensable, and
royalty-free license to use, display, store, host, communicate,
make available, modify, adapt, translate and create derivative
works of the Content.
-
Except as stated in these Terms, nothing in these Terms should
be construed as conferring any right in or license to our or any
third party’s intellectual property rights.
-
PROHIBITED CONDUCT
-
You shall not use the Platform in any manner except as expressly
permitted in these Terms. Without limiting the generality of the
preceding sentence, you may not:
-
infringe, violate, or misappropriate any proprietary
rights, including but not limited to copyrights,
patents, trademarks, or trade secrets, of any party;
-
except as may be provided hereunder, copy, display,
distribute, modify, publish, reproduce, store, transmit,
post, translate, create any derivative works from, or
licence the Platform;
-
use the Platform to transmit any data or send or upload
any material that contains viruses, trojan horses,
worms, timebombs, keystroke loggers, spyware, adware, or
any other harmful programmes or similar computer code
designed to adversely affect the operation of any
computer software or hardware;
-
use any robot, spider, other automated device, or manual
process to monitor or copy the Platform or Services or
any portion thereof;
-
engage in the systematic retrieval of content from the
Platform to create or compile, directly or indirectly, a
collection, compilation, database, or directory;
-
upload or transmit any information or content that is
obscene, pornographic, paedophilic, immoral, invasive of
another’s privacy, or is relating to or encouraging
money laundering or gambling, an online game that causes
user harm, or promoting enmity between different groups
on the grounds of religion or caste with the intent to
incite violence;
-
act in an abusive or threatening manner or use abusive
or threatening language on or through the Platform;
-
upload or transmit information or content that is
harmful to children or that impersonates another person,
or deceive or mislead any addressee about the origin of
a message, or knowingly and intentionally communicates
any misinformation or information which is patently
false and untrue or misleading in nature or, in respect
of any business of the Indian government, is identified
as fake or false or misleading by the fact check unit of
the Indian government;
-
threaten the unity, integrity, defence, security, or
sovereignty of India, friendly relations with foreign
states, or public order, or cause incitement to the
commission of any cognizable offence, or prevent
investigation of any offence, or insult another nation
in any manner;
-
use the Services in any unlawful manner, for fraudulent
or malicious activities, or in any manner inconsistent
with these Terms;
-
reverse engineer, decompile, or disassemble the Services
or the Platform;
-
take any action that may adversely affect the Services
or Platform; or
- violate Applicable Laws in any manner.
-
DISCLAIMER
-
The use of the Services and the Platform is at your sole risk.
You hereby accept full responsibility for any consequences that
may arise from your use of the Services or the Platform, and
expressly agree and acknowledge that SalarySe shall have
absolutely no liability with respect to the same.
-
To the fullest extent permitted under Applicable Law, the
Services and other products, information, materials, and
services provided by SalarySe are provided "as is". To the
fullest extent permitted under Applicable Law, SalarySe
disclaims all warranties of any kind, express or implied,
arising out of the Services, including merchantability, fitness
for a particular purpose, title, and non-infringement, and all
warranties arising from course of dealing, usage, or trade
practice in respect to the same. Without limiting the foregoing,
SalarySe makes no warranty of any kind that the Services,
Platform, or any products or results of the use thereof, will
meet your or any other persons' requirements, operate without
interruption, achieve any intended result, be compatible or work
with any software, systems, or other services, be secure,
accurate, complete, free of harmful code or error-free.
-
You shall be solely responsible for the activities that may take
place through your Account, and you agree to use, access, and
enter the Platform at your sole risk.
-
You understand that we shall in no manner be held liable for any
unauthorised use of the Service or the Platform through your
Account due to unauthorised access including but not limited to
hacking and security breaches.
-
You understand and agree that we do not accept any
responsibility or liability for any loss or damage that you may
suffer or incur if any information, documentation, material, or
data provided to avail the Services or the Platform is
incorrect, incomplete, inaccurate, or misleading, or if you fail
to disclose any material fact.
-
You hereby accept full responsibility for any consequences that
may arise from your use of the Services or the Platform, and
expressly agree and acknowledge that SalarySe shall have
absolutely no liability with respect to the same.
-
To the fullest extent permissible by law, SalarySe, its
Affiliates, and its related parties each disclaims all liability
to you for any loss or damage arising out of or due to:
-
your use or inability to use, or availability or
unavailability of the Services, including any Third
Party Services;
-
the occurrence or existence of any defect, interruption,
or delays in the operation or transmission of
information to, from, or through the Services or the
Platform, communications failure, theft, destruction, or
unauthorised access to SalarySe’s records, programmes,
services, servers, or other infrastructure relating to
the Services or the Platform;
-
the failure of the Services or the Platform to remain
operational for any period of time; or d. the collection
or processing of your personal information by SalarySe.
-
You also agree and acknowledge that there can be disruption in
communication due to factors outside our control, including but
not limited to your device being switched off, incorrect email
address, network interruptions. You agree not to hold us liable
for non-delivery for any alert or any loss suffered by you due
to any delay, distortion or failure of communication.
-
You further agree and acknowledge that offers provided by us may
vary from user to user.
-
You represent and warrant that all information that you provide
on the Platform or in relation to the Services or through the
Account or any Additional Information you provide is complete,
true, and correct on the date of agreeing to these Terms and
shall continue to be complete, true, and correct while you avail
the Services, access the Platform or otherwise have an account
on the Platform. Should any information that you provide change
during the existence of these Terms, you undertake to
immediately bring such change to our notice. We do not accept
any responsibility or liability for any loss or damage that you
may suffer or incur if any information, documentation, material,
or data provided to avail the Services is incorrect, incomplete,
inaccurate, or misleading, or if you fail to disclose any
material fact or notify us of any change to the same.
-
FEES
-
The fees charged for the Services shall be set forth on the
Platform for the specific Service (“Fees”). We reserve the right
to charge such Fees as we may determine, in our sole discretion
from time to time, to provide you with the Services chosen by
you.
-
Once we start charging the Fees, you will be charged and agree
to pay the applicable Fee to use the Services chosen by you, as
specified on the Platform, and all applicable taxes, duties or
other governmental assessments based on your use of the
Services.
-
INDEMNITY
-
You shall indemnify, defend at and hold SalarySe, its
Affiliates, and their officers, associates, successors, assigns,
licensors, employees, directors, agents, and representatives,
harmless from and against any direct or indirect losses,
actions, damages, penalties, cost and expenses, claim, demand,
lawsuits, a judicial proceeding, (including, without limitation,
from all damages, liabilities, settlements, costs, and
attorney's fees) arising from or relating to:
-
acts, commissions or omissions, errors,
misrepresentations, misconduct, negligence, fraud,
forgery, dishonesty, violation attributable to you
and/or your personnel/agents/representatives, or any
third party who may use your Account, your access to the
Platform and the Services and your use of the Platform
and the Services in violation of these Terms.
- contravention of any Applicable Law.
-
any claim from any Authority or any third party as a
result of any action or inaction on your part, including
but not limited to a breach of these Terms or any acts
committed beyond the scope of these Terms.
-
CONSENT TO USE DATA
-
You agree that we may, collect and process your information,
including your personal information, technical data, and related
information, in accordance with our Privacy Policy and
applicable laws.
-
In addition to any consent, you may give pursuant to the Privacy
Policy, you hereby consent to: (i) SalarySe fetching your
details from the human resource management system of your
employer; and (ii) us sharing the information captured with our
affiliates, Lenders, and third-party service providers for
business purposes. (iii) Allow Salaryse and its partners to
access my credit report from RBI approved companies to give me
the best loan offers
-
LIMITATION OF LIABILITY
-
Notwithstanding anything to the contrary contained herein,
neither SalarySe nor any of its Affiliates or related parties
shall have any liability to you or any third party for any
direct, indirect, incidental, special, or consequential damages
or any loss of revenue or profits arising under, directly or
indirectly, or relating, in any manner whatsoever, to these
Terms, including any action taken by any Authority. If the
foregoing limitation is not enforceable, the maximum liability
of SalarySe shall be limited to INR 1000.
-
TERM AND TERMINATION
-
These Terms shall remain in effect unless terminated in
accordance with the terms hereunder (“Term”).
-
Notwithstanding anything to the contrary in these Terms, any
other terms, or any other communication between you and us,
SalarySe may terminate your use of the Platform and your access
to the Services, Platform, or any portion thereof, immediately,
at any time with or without notice, and for or without any
reasons, with absolutely no liability to you.
-
Upon termination under this Clause 12:
- the Services and/or the Platform will “time-out”;
-
you shall not be eligible to avail any features of the
Services and/or the Platform; and
-
these Terms shall terminate, except for those clauses
that expressly or are intended to survive termination or
expiry.
-
Notwithstanding anything to the contrary contained in the Terms,
upon termination of your access to or use of the Platform and/or
the Services, you must immediately stop using the Platform.
-
MISCELLANEOUS PROVISIONS
-
Severability:
If any provision of these Terms is determined by any court or
other competent Authority to be unlawful or unenforceable, the
other provisions of these Terms will continue in effect. If any
unlawful or unenforceable provision would be lawful or
enforceable if part of it were deleted, that part will be deemed
to be deleted, and the rest of the provision will continue in
effect (unless that would contradict the clear intention of the
clause, in which case the entirety of the relevant provision
will be deemed to be deleted).
-
Waiver: No failure or delay in exercising any
right, power, or privilege hereunder shall operate as a waiver
thereof nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise
thereof or the exercise of any other right, power or privilege.
Every right or remedy herein conferred upon or reserved to
either party shall be cumulative and shall be in addition to
every right and remedy existing at law or equity or by statute
and the pursuit of any one right or remedy shall not be
construed as an election.
-
Force Majeure:
You agree that we shall not be liable for any breach of these
Terms if such breach is caused by an event that is unforeseeable
and beyond our reasonable control (such as, depending on the
circumstances, unavailability of any communication system,
breach or virus in our system, sabotage, fire, flood, explosion,
acts of God, civil commotion, strikes or industrial action of
any kind, riots, insurrection, war, acts of government,
unauthorised access to computer data and storage devices,
computer crashes and regulatory or government actions (“
Force Majeure Event
”). In such circumstances, we will be entitled to a reasonable
extension of time to perform our obligations and shall take
commercially reasonable methods to inform you of the Force
Majeure Event and use all reasonable endeavors to mitigate the
effects of the Force Majeure Event.
-
Notices: All notices, requests, demands, and
determinations for SalarySe under these Terms (other than
routine operational communications) shall be sent to
mohit.gorisariya@salaryse.com
.
-
Third Party Rights:
No third party shall have any rights to enforce any Terms
contained herein.
-
Translations:
SalarySe may provide you with translated versions of these Terms
solely to assist you with understanding these Terms in greater
detail. The English version of these Terms shall be controlling
in all respects. In the event of any inconsistency between the
English version of these Terms and any translated version, the
terms of the English version shall prevail.
-
Modifications:
SalarySe reserves the right at any time to modify these Terms
and to add new or additional terms or conditions on the use of
the Services and the Platform. Such modifications and additional
terms and conditions will be communicated to you and, unless
expressly rejected (in which these Terms shall terminate), will
be effective immediately and will be incorporated into these
Terms. In the event you refuse to accept such changes, these
Terms will terminate. We also reserve the right to suspend or
withdraw or restrict the availability of all or any part of our
Platform or the Services for business and operational reasons.
-
Assignment: You shall not licence, sell,
transfer or assign your rights, obligations, or covenants under
these Terms in any manner without our prior written consent. We
may grant or withhold this consent in its sole discretion and
subject to any conditions it deems appropriate. We may assign
its rights to any of its affiliates, subsidiaries, or parent
companies, or to any successor in interest of any business
associated with the Services without any prior notice to you.
-
Regulatory Changes:
You acknowledge and agree that we may have to modify the
Services or the Platform to comply with the Applicable Laws. As
a result of this, you may be unable to access or use all or any
part of the Services or the Platform. We shall not be liable to
you for such inability to use the Services or the Platform
pursuant to our compliance with the Applicable Laws.
-
GOVERNING LAWS AND JURISDICTION
-
These Terms shall be governed by and construed in accordance
with the laws of India and subject to Clause 14.2 to 14.7, any
dispute concerning these Terms shall be subject to the exclusive
jurisdiction of courts at Gurugram, India.
-
Any dispute or claim arising out of or in connection with or
relating to these Terms or their breach, termination, or
invalidity hereof shall be referred to and finally resolved by
arbitration in Gurugram in accordance with the Arbitration and
Conciliation Act, 1996 for the time being in force, which rules
are deemed to be incorporated by reference in this Clause 14.2.
-
Within 30 (thirty) days of the issue of a notice of dispute,
SalarySe and you shall mutually agree on the appointment of a
sole arbitrator. If such mutual agreement is not arrived at
within the aforesaid 30 (thirty) days period, SalarySe and you
shall appoint such sole arbitrator in accordance with the
Arbitration and Conciliation Act, 1996.
-
The seat of arbitration shall be Gurugram and the arbitration
proceedings shall be conducted in the English language.
-
We/You agree to keep the arbitration confidential and not
disclose to any person, other than those necessary to the
proceedings, any information, transcripts, or award unless
required by Applicable Law. The decision of the arbitrator shall
be final and binding on us/you hereto.
-
We/You hereto agree that our/your consent for the resolution of
the dispute through arbitration shall not preclude or restrain
you/us from seeking suitable injunctive relief in appropriate
circumstances from courts in Gurugram.
-
The cost of arbitration shall be borne in a manner by us/you as
determined by the arbitrators. In the meantime, we/you shall
bear our/your own cost for the arbitration which shall be
reimbursed as per the directions in the arbitral award.
-
Notwithstanding any provision to the contrary, nothing in these
Terms shall preclude any of your rights under Applicable Laws.
-
CONTACT DETAILS
-
To exercise any of the rights or for sharing any grievance or
queries, please write us an email at
mohit.gorisariya@salaryse.com
as per the details provided below.
- Name: Mohit Gorisariya
- Designation: Director
-
Address: Plot No. 1956, 2nd Floor, Sector 57, Gurgaon,
Haryana, 122001