Terms & Conditions
Terms & Conditions
BpsConnect PAY SERVICES USAGE
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the BpsConnect website, and all associated sites, or the BpsConnect mobile application or any similar platform (hereinafter collectively, the BpsConnect Platform run by BpsConnect ,
Any of its affiliates (hereinafter collectively, BpsConnect or BpsConnect on any device and/or before availing any services offered by BpsConnect on the BpsConnect Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by BpsConnect on the BpsConnect Platform (hereinafter individually, and collectively,
The BpsConnect Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all BpsConnect Services, whether offered by BpsConnect or its affiliates.
ACCEPTANCE
By registering on, accessing, browsing, downloading or using the BpsConnect Platform for any general purpose or for the specific purpose of availing any BpsConnect Service, you agree to be bound by the single-sign-on ID (hereinafter TRANSFER) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each BpsConnect Service (hereinafter collectively, the T&Cs).
These T&Cs shall also include any additional or modified terms and conditions in relation to the TRANSFER or any additional or modified service-specific terms and conditions in relation to any BpsConnect Service or any future service that may be offered by BpsConnect on the BpsConnect Platform. By registering on, accessing, browsing, downloading or using (as applicable) the BpsConnect Platform or availing any BpsConnect Service or the TRANSFER, you automatically and immediately agree to all the T&Cs. If at any time you do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse or use the BpsConnect Platform and immediately terminate your availing the BpsConnect Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between you, being at least 18 years of age and an individual user of the BpsConnect Platform or a customer or beneficiary of the BpsConnect Services, and BpsConnect .
All services are rendered by BpsConnect through the BpsConnect Platform under the brand name “BpsConnect ” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, BpsConnect , regarding your use of BpsConnect ’s digital services (which includes but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets), the semi closed wallet service, the marketplace service or any such other services which may be added on the BpsConnect Platform and which will henceforth be a BpsConnect Service, from time to time.
The BpsConnect Services shall be used by you subject to your adherence with the T&Cs. As long as you accept and comply with these T&Cs, BpsConnect grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the BpsConnect Platform and/or avail the BpsConnect Services.
ELIGIBILITY
The BpsConnect Services are not available to persons under the age of 18 or to anyone previously suspended or removed by BpsConnect from availing the BpsConnect Services or accessing the BpsConnect Platform. By accepting the T&Cs or by otherwise using the BpsConnect Services on the BpsConnect Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by BpsConnect , or disqualified for any other reason, from availing the BpsConnect Services or using the BpsConnect Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement.
Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, BpsConnect reserves the right to suspend or permanently prevent you from availing BpsConnect Services or using the BpsConnect Platform.
OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply in order for you to avail specific BpsConnect Services and to specific portions or features of the BpsConnect Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the BpsConnect Platform or for any BpsConnect Service offered on or through the BpsConnect Platform, the latter terms shall control with respect to your use of that portion of the BpsConnect Platform or the specific BpsConnect Service.
BpsConnect may make changes to any BpsConnect Services offered on the BpsConnect Platform, or to the applicable terms for any such BpsConnect Services, at any time, without notice. The materials on the BpsConnect Platform with respect to the BpsConnect Services may be out of date, and BpsConnect makes no commitment to update the materials on the BpsConnect Platform with respect to such BpsConnect Services. The following terms also govern and apply to your use of the BpsConnect Platform, and they are incorporated herein by this reference:
BpsConnect Platform Services, Participating Platforms
BpsConnect services offers you the convenience, after a one-time registration any BpsConnect Platform, to sign on (log in) to all web pages and online platforms operated by BpsConnect or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time.
After successfully registering for the BpsConnect Service, the user can log-in via each Participating Platform with his BpsConnect access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations).
The Participating Platforms that offer the BpsConnect as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which BpsConnect ’s service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions.
These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of BpsConnect is solely responsible only for those content that it actually operates. For the BpsConnect service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The BpsConnect shall be owned and operated by BpsConnect Solutions Pvt. Ltd. for use on all Participating Platforms, by BpsConnect or its affiliates. For the use of BpsConnect ’s service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the BpsConnect service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the BpsConnect service or to disclose them otherwise.
The user is obliged to inform BpsConnect immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our BpsConnect service (hereinafter the BpsConnect Agreement). Our offer for the conclusion of the BpsConnect Agreement is then affected by the fact that BpsConnect sends the user a confirmation by e-mail, in which a confirmation link is included next to the user name and the password for the BpsConnect Service.
By the user clicking on this confirmation link, the user accepts BpsConnect ’s offer, so that in this way the BpsConnect Agreement enters into force. Conclusion of the BpsConnect Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. BpsConnect is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for BpsConnect ) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.
COMMUNICATION POLICY
By accepting the T&Cs, you accept the following: 1. BpsConnect may send alerts to the mobile phone number provided by you while registering with the BpsConnect Platform for the TRANSFER service or on any updated mobile number subsequently provided by you on the BpsConnect Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then you may not get the alert at all or get delayed messages.
2. BpsConnect will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that you shall have received the information sent from BpsConnect as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the BpsConnect Platform or availing any BpsConnect Services. BpsConnect shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold BpsConnect liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
3. The SMS/e-mail alert/push notification service provided by BpsConnect is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that you observe any error in the information provided in the alert, BpsConnect shall be immediately informed about the same by you and BpsConnect will make best possible efforts to rectify the error as early as possible. You shall not hold BpsConnect liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.
4. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. BpsConnect shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
5. You will indemnify and hold harmless BpsConnect and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which BpsConnect or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
(i) misuse by you or improper or fraudulent information provided by you;
(ii) incorrect number or a number that belongs to an unrelated third party provided by you; and/or
(iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from BpsConnect and/or the SMS/e-mail service provider.
6. You will receive information via SMS, e-mail and phone calls regarding what BpsConnect perceive to be of your interest based on your usage history and browsing history (which information may be shared by BpsConnect with its affiliates). This includes providing information relating to offers, discounts and general information by BpsConnect . In case you do not want such information, you have to explicitly ask to be excluded.
Use of BpsConnect Platform
You understand that except for information, products or services clearly indicated as being supplied by BpsConnect , we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that BpsConnect cannot and does not guarantee or warrant that files available for download through the BpsConnect Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for accuracy of data input and output.
PROHIBITED CONDUCT
By accessing or using the BpsConnect Platform or by availing BpsConnect Services, you agree not to: 1. Violate the T&Cs; 2. Impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the BpsConnect Services, perform any other similar fraudulent activity or otherwise avail BpsConnect
Services with what we reasonably believe to be potentially fraudulent funds; 3. Infringe our or any third party’s intellectual property rights, rights of publicity or privacy; 4. Use the BpsConnect Services if you are under the age of 18 years without a parental sponsor or, in any event, use the BpsConnect Services if you are under the age of 13 years old even with a parental sponsor and in accordance with applicable law; 5. Post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person; 6. Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature; 7. Refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to BpsConnect ; 8. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the BpsConnect Services and the BpsConnect Platform or features that enforce limitations on the use of the BpsConnect Services or the BpsConnect Platform; 9. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards BpsConnect Services or BpsConnect Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law; 10. Use the BpsConnect Services or the BpsConnect Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the BpsConnect Services or the BpsConnect Platform in an automated manner; 11. Modify, adapt, translate or create derivative works based upon the BpsConnect Services and the BpsConnect Platform or any part thereof, except and only to the extent that that this is permissible by applicable law; 12. Intentionally interfere with or damage operation of the BpsConnect Services or the BpsConnect Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features; 13. Use any robot, spider, other automatic device, or manual process to monitor or copy the BpsConnect Platform without prior written permission; 14. Interfere or disrupt the BpsConnect Platform or networks connected to the BpsConnect Platform; 15. Take any action that imposes an unreasonably or disproportionately large load on BpsConnect ’s infrastructure/network; 16. Use any device, software or routine to bypass the BpsConnect Platform’s robot exclusion headers, or interfere or attempt to interfere, with the BpsConnect Services; 17. forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the BpsConnect Platform or to manipulate your presence on the BpsConnect Platform; 18. Sell the BpsConnect Services, information, or software associated with or derived from it; 19. Use the facilities and capabilities of the BpsConnect Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others; 20. Breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs; 21. Provide false, inaccurate or misleading information; 22. Use the BpsConnect Platform to collect or obtain personal information, including without limitation, financial information, about other users of the BpsConnect Platform, except and only as expressly provided in the T&Cs; 23. Avail BpsConnect Services with what BpsConnect reasonably believes to be potentially fraudulent funds; 24. Use the BpsConnect Services in a manner that results in or may result in complaints, disputes, reversals, charge-backs, fees, fines, penalties and other liability to BpsConnect , a third party or you; 25. Use the BpsConnect Services in a manner that BpsConnect or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules; 26. Take any action that may cause BpsConnect to lose any of the BpsConnect Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers; 27. Send automated request of any kind to the BpsConnect Platform without express permission in advance from BpsConnect .
TERMINATION; AGREEMENT VIOLATIONS
You agree that BpsConnect , in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the BpsConnect Services/BpsConnect Platform and remove and discard on the BpsConnect Platform all or any part of your account, your user profile, or your recipient profile, including your SSOID, at any time. BpsConnect may also in its sole discretion and at any time discontinue providing access to the BpsConnect Services, or any part thereof, with or without notice. You agree that any termination of your access to the BpsConnect Services/BpsConnect Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that BpsConnect will not be liable to you or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies BpsConnect may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the BpsConnect Services/BpsConnect Platform.
LIMITATION OF LIABILITY AND DAMAGES
In no event, BpsConnect or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the BpsConnect Services, the BpsConnect Platform or any reference site/app/platform/service; or (iv) your use or inability to use the BpsConnect Services, the BpsConnect Platform (including any and all materials) or any reference sites/app/platform/service, even if BpsConnect or a BpsConnect authorized representative has been advised of the possibility of such damages. In no event, BpsConnect or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the BpsConnect Services, the BpsConnect Platform or any reference site/app/platform/service; or (iv) your use or inability to use the BpsConnect services, the BpsConnect Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with BpsConnect , however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the BpsConnect Service or the BpsConnect Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that BpsConnect has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and BpsConnect , and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and BpsConnect . BpsConnect would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, BpsConnect ’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
INDEMNIFICATION
You agree to indemnify, save, and hold BpsConnect , its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) your use or misuse of the BpsConnect Services or of the BpsConnect Platform; (ii) any violation by you of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by you herein (iv) Contractors, agents and distributors indemnify all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to retailers and vice-versa. BpsConnect reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BpsConnect , including rights to settle, and you agree to cooperate with BpsConnect ’s defense and settlement of these claims. BpsConnect will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
DISCLAMER; NO WARRANTIES
To the fullest extent permissible pursuant to applicable law, BpsConnect and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from BpsConnect or through the BpsConnect Services or the BpsConnect Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “BpsConnect ” includes BpsConnect ’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You acknowledge that BpsConnect is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the BpsConnect Services on the BpsConnect Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. BpsConnect does not warrant that the BpsConnect Services will be uninterrupted or error-free or that defects in the site will be corrected. The BpsConnect Services and the BpsConnect Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. BpsConnect , and its third party suppliers, licensors, and partners do not warrant that the data, BpsConnect software, functions, or any other information offered on or through the BpsConnect Services/BpsConnect Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. BpsConnect and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the BpsConnect Services/BpsConnect Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise.
You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the BpsConnect Services/BpsConnect Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will BpsConnect be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the BpsConnect Platform.
OWNERSHIP; PROPRIETARY RIGHTS
The BpsConnect Services and the BpsConnect Platform are owned and operated by BpsConnect and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the BpsConnect Services and the BpsConnect Platform provided by BpsConnect (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and BpsConnect , all Materials, trademarks, service marks, and trade names contained on the BpsConnect Platform are the property of BpsConnect and/or third party licensors or suppliers. You agree not to remove, obscure, or alter BpsConnect or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the BpsConnect Services/BpsConnect Platform. Except as expressly authorized by BpsConnect , you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. BpsConnect reserves all rights not expressly granted in this Agreement. If you have comments regarding the BpsConnect Services and/or the BpsConnect Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to BpsConnect , and shall assign to BpsConnect , all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
MODIFICATION OF THIS AGREEMENT
BpsConnect reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the BpsConnect Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the BpsConnect Platform, availing the BpsConnect Services or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the BpsConnect Services/BpsConnect Platform. For certain changes, BpsConnect may be required under applicable law to give you advance notice, and BpsConnect will comply with such requirements. Your continued use of the BpsConnect Platform following the posting of changes will mean that you accept and agree to the changes.
NOTICE
BpsConnect may provide you with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the BpsConnect Platform or by any other reasonable means. Except as otherwise set forth herein, notice to BpsConnect must be sent by courier or registered mail to BpsConnect shajapur near aganvadi(465001) , India.
WAIVER
The failure of BpsConnect to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by BpsConnect .
DISPUTE RESOLUTION
If any dispute, controversy or claim arises under this Agreement or in relation to any BpsConnect Service or the BpsConnect Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable Endeavour’s to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, BpsConnect may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either you or BpsConnect may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to you or BpsConnect (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor BpsConnect may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and BpsConnect . In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
GOVERNING LAW AND FORUM FOR DISPUTES
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against BpsConnect must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
SEVERABILITY
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.