IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. e DSP reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.
1. Confidentiality of data:
2. Aadhaar and e-KYC authentication
2.1 I will be authenticating myself with Aadhaar based authentication system and consent to provide my Aadhaar, Biometric for Aadhaar based know your customer.
3.1 You will not be considered "Eligible" to use Our Services unless You:
3.2 reside in India;
3.3 have attained at least 18 (eighteen) years of age;
3.4 use Services to perform transactions in Indian Rupees only and no other currency;
3.5 avail Services on a networked device which supports Services
3.6 We reserve the right to immediately terminate Your Account if we have reason to believe that Your Account is being used by any person who is not Eligible, or for any other reason.
4. OTHER TERMS AND CONDITIONS:
4.1 This website is designed, developed and maintained by Roshiya India Pvt. Ltd.
4.2 The Registered User transacting on e DSP, shall be responsible for maintaining the confidentiality of his/her User ID and Password and shall be responsible for all activities that occur under his/her User ID and Password.
4.4 There is Registration Fee for use of this Site's Services.
4.5 The right to introduce new services and modify some or all of the existing services offered on the Site at e DSP’s sole discretion without any prior notice.
4.6 The Registered User agrees that he will not host, upload, display, transmit, comment or share information which the user does not have right to and shall not use words which are harmful, inappropriate, obscene, offensive which advocates to rights of privacy against any individual or group or organization.
4.7 Though all efforts have been made to ensure the accuracy and currency of the content on this website, the same should not be construed as a statement of law or used for any legal purposes. In case of any ambiguity or doubts, users are advised to verify/check with the Department(s) and/or other source(s), and to obtain appropriate professional advice.
4.8 Under no circumstances will this Department be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of this website.
4.9 These terms and conditions shall be governed by and construed in accordance with the Indian Laws. Any dispute arising under these terms and conditions shall be subject to the jurisdiction of the courts of Rahuri, District- Ahmednagar, Maharashtra.
4.10 The information posted on this website could include hypertext links or pointers to information created and maintained by non-Government/private organisations. Roshiya India Pvt. Ltd is providing these links and pointers solely for your information and convenience. When you select a link to an external website, you are leaving the Department of Industries website and are subject to the privacy and security policies of the owners/ sponsors of the external website.
4.11 Roshiya India Pvt. Ltd. does not authorize use of copyrighted materials contain linked website. Users are advised to request such authorisation from owners of linked websites.
5. MOBILE and DTH RECHARGES
5.1 e DSP does not provide mobile or dth service and is only a reseller of prepaid services by telecommunications and DTH service providers or the providers of such prepaid recharge. e DSP is not a warrantor, insurer, or guarantor of the services to be provided by the service providers. Recharge sold by us to you is sold without recourse against us for any breach of contract. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between You (or the recipient of the Recharge) and the service provider.
6. BILL PAYMENTS
6.1 e DSP reserves the right to charge and recover from the Registered User, fees for availing the Services. These changes shall be effective from the time they are posted on to the e DSP Website or over the e DSP business partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the e DSP Website or check with the e DSP business partner channel through which you are availing the Service to review the current fees from time to time. In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, e DSP shall be entitled to charge and recover from you and you shall be liable to pay such charges to the Bill Payment Service as may be decided by e DSP.
(i) the specific features of the Service may differ
(ii) the number of Billers available over the Service can differ
(iii) the type and range of e-wallet that can be used to issue a Payment Instructions can differ and
(iv) the modes/devices over which the Service can be accessed can differ; and
(v) the charges, fees for availing the Service or any aspect of the Service can differ. Specific details related to these aspects would be available with the e DSP business partner or the channel over which the Service is being availed. In using the Bill Payment Service, you agree to:
• Provide true, accurate, current and complete information about yourself (“Registration Data”), your e-wallet details (“Wallet Data”), Your Biller details (“Biller Data”) and
• Maintain and promptly update the Registration Data, e-wallet Data and Biller Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or e DSP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, e DSP has the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof).
6.2 In case the bill payment is not effected for any reason, You will be intimated about the failed payment by an e-mail.
7. General Conditions of e Wallet
7.1 You will be issued, basic account immediately after successful registration. You may recharge your e Wallet through any of the Bank Transfer. e DSP e Wallet is available only to resident Indians who have attained the age of 18 years and are competent to contract.
7.2 e DSP reserves the right to suspend/discontinue e DSP Wallet Services to You at any time, for any cause, including, but not limited, to the following-
• For any suspected discrepancy in the particular(s), documentation provided by You;
• To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
• If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons
8.1 Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
8.2 In the event that e DSP cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term.
8.3 If You contravene Your Agreement with e DSP, a refund will not be issued in the event of a cancellation.
8.4 Credit notes can only be used for payment (or partial payment) of Your Service, and are non-refundable.
8.5 Unused retailer funds on account will only be recoverable when the account is closed.
9.1 All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package. In signing up for a e DSP You agree to commit to the contract for the fixed term. It is not possible to provide early payment and terminate the contract prior to the expiry of the fixed term.
9.2 e DSP reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address held in Your e DSP Account. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.
9.3 All payments must be made in INDIAN RUPEES, inclusive of applicable taxes.
9.4 You warrant that You are authorised to make payment using the Bank Transfer to e DSP.
9.5 e DSP reserves the right to suspend all Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a ₹ 250.00 administration charge. You are responsible for all money owed on the account from the time it was established until e DSP accepts Your cancellation request. You are responsible for any additional costs incurred by e DSP in the collection of outstanding debt.
9.6 Payments processed by Bank Transfer are subject to Bank's terms and conditions of Service, and e DSP makes no representations or warranties with respect to those Services.
10. Scheduled maintenance
10.1 To guarantee optimal performance on the servers, it is necessary for e DSP to perform routine maintenance. Such maintenance often requires taking e DSP Services off-line, typically performed during off-peak hours. e DSP will give You advance notice of maintenance requiring the Services to be taken off-line whenever possible by publishing notice on the e DSP website.
11.1 We will endeavour to provide a continuous high quality service. If You experience problems with Your Service, You should consult endeavour endeavoursupport website and search for a resolution to Your problem in e DSP Knowledge Base. You will also find e DSP support contact details on e DSP support website at http://www.digitalseva.net/support.php
11.2 Please note we may require suspension of some of e DSP' Services for short scheduled periods to carry out maintenance or repair to e DSP' Services. Information concerning scheduled downtime is available on the e DSP support website, as are details of any interruptions to e DSP.
12. Database Usage
12.1 If You exceed the limits on e DSP database products (MS SQL and MySQL) then we will automatically charge You for the additional space You use at e DSP current Prices. For example if You have a 100MB database and 150MB is in use at any point during a month then we will charge for the extra 50MB in that month.
13.1 All data created or stored by You within e DSP' applications and servers are Your property. e DSP shall allow access to such data by only authorised e DSP personnel. e DSP makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder's server space or within applications on e DSP' servers.
13.2 e DSP maintains backups of its servers and infrastructure pursuant to its own archiving and business continuity procedures. In the event of loss of or damage to your data relating to actions made by You or on Your behalf you will not be given access to any data stored as part of these procedures.
13.3 In the event of loss of or damage to your data relating to a failure in e DSP systems or servers, e DSP will make reasonable commercial efforts to assist you in the restoration of your data, however You accept full responsibility for maintaining adequate backup copies of all your data.
13.4 You shall indemnify e DSP against all damages, losses and expenses arising as a result of any action or claim that the content or data of Your site or content or data accessed from or published as part of the Services infringes the intellectual property rights of a third party.
14.1 It is the Account Owner's responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. e DSP is not responsible for any data losses or security issues due to stolen passwords or any passwords that You have intentionally or accidentally disclosed to any third party. e DSP recommends that You use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. “12345”, “abcdef”, “password”, etc.).
14.2 You accept full responsibility for any purchases or modifications made within your control panel by You or by third parties using your account password.
15. Your Personal Details
15.1 You warrant that the contact information that you provide to us on establishment of your account is correct, and that You accept responsibility for keeping this information up to date at all times. You agree that we may suspend access to your account and the Services if we reasonably believe that the information you have supplied is inaccurate.
15.2 Please note that whilst Your email is primarily used for billing purposes, e DSP reserves the right to email You information about its product offerings. You can unsubscribe from marketing communications within Your e DSP Control Panel.
16. e DSP Disclaimers and Warranties
16.1 e DSP does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, e DSP cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by e DSP.
16.2 e DSP makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder "as is" without warranty of any kind.
16.3 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided here under to the fullest extent permitted by law.
16.4 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
17.1 e DSP shall not be liable for any loss or damage of whats over nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
17.2 e DSP will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any Account for profit, costs or expenses arising from such damage or loss.
17.3 No matter how many claims are made and whatever the basis of such claims, e DSP' maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.
17.4 None of the clauses here in shall apply so as to restrict liability for death or personal injury resulting from the negligence of e DSP, its employees or its sub-contractors.
17.5 e DSP shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
17.5.1 interruptions to the flow of data to or from the internet;
17.5.2 changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
17.5.3 the effects of the failure or interruption of Services provided by third parties;
17.5.4 factors outside of e DSP' reasonable control;
17.5.5 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
17.5.6 problems with Your equipment and/or third party equipment;
17.5.7 interruptions to the Services requested by You.
18. Force Majeure
18.1 e DSP shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of e DSP (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.
19.1 The failure of e DSP to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Roshiya Web Service of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
20.1 The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.
21.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by e DSP to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.
22. Legal Fees
22.1 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
23.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of e DSP, in the event that e DSP consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
24. Entire Agreement
24.1 This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
25. Amendment in Writing
26. Further Assurances
26.1 The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
27. Relationship of the Parties
27.1 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
28. Joint and Several Obligations
28.1 If any party consists of more than one entity, their obligations here under are joint and several.
29. No Third Party Beneficiaries
29.1 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
30.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. e DSP will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of e DSP as reflected in the original provision.
Please note: by joining up for any of our services you agree to be bound by all e DSP Terms and Conditions.