Terms&Conditions

1.USER OBLIGATIONS AND RESPONSIBILITIES
1) In compliance of UIDAI Regulations, user shall be solely responsible for using the Services in terms of this Agreement.
2) User shall be solely responsible and further ensure and undertake to maintain complete authenticity of the information provided.
3) User shall be solely responsible at its own costs and expenses for obtaining and maintaining all necessary approvals, sanctions, permissions, and licenses as required for performing transactions through Syntizen.
4) User shall, at all times, shall be responsible for the misusage of the web-portal/ Application from the user account provided.
5) User shall be fully responsible for the publicity undertaken by user as well as acquiring, propagating, publicizing, sharing and/or using the requisite intellectual property rights including trademark and copyrights of any third party.
6) User will give Syntizen personnel access to User’s facilities, premises, computers, computer logs, telephone, fax, email, which may be required for problem resolution or an audit conducted by Syntizen.
7) User shall not use the Services provided for any purpose that is in violation of any Applicable Laws or public policy and shall not use the Services in any manner that violate any statutory directives or orders for the time being in force.
8) User shall perform transactions and charge the customer not more than Maximum fee.
9) User shall provide customer with a valid receipt either in digital or physical form.
10) Syntizen will provide User a Unique Username/Password in order to login to web-portal/ application and it shall be the sole responsibility of the customer himself to maintain the unique username, password in a secured mode.
11) If any terms agreed as per the agreement is violated by the User and as an effect of that if Syntizen receives a complaint or an escalation from public/UIDAI/govt authorities, then user shall provide requied information and give explanation to in record of the same that may solve the complaint within 12 hours’ time.
12) User shall not mislead others by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to them as Syntizen’ user.
13) User shall not attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means.
14) User shall not interfere with others use and enjoyment of the service and shall not engage in any other activity that Syntizen believes could subject it to criminal liability or civil penalty/judgment.
15) User acknowledges that, the transaction may not be successful in absence of internet connectivity.
16) User acknowledges that Syntizen provides service via UIDAI and other ASA’s, and further acknowledges that services may be interrupted due to technical problem arise at UIDAI and ASA.
17) User is responsible for the privacy and storage of the user-name, password. User agrees that all activities made through User’s account are legally bonded to customer.
18) User shall not by any means save the biometric value with them.
19) User acknowledges that any kind of testing, third party integrations unapproved by Syntizen are prohibited to be performed on the services provided by Syntizen.
20) User acknowledges to use only STQC certified biometric scanners to perform the transactions.
21) User shall not use the Aadhaar logo or other copyrighted official UIDAI material for promotional activities of these services either by print media or digital media.
22) User shall not white label or domain mask the services provided by Syntizen.
23) User shall not use the services from Syntizen Competitors unless a written approval from Syntizen.

2.SYNTIZEN’s OBLIGATIONS AND RESPONSIBILITIES
1) SYNTIZEN shall provide virtual technical support on all working days from 9:30 to 18:00.
2) Ensure that the Services are rendered in an effective manner and in the manner set out in this Agreement and relevant Attachments to this Agreement.
3) Syntizen shall ensure and acknowledge that they shall follow all compliance of UIDAI and ASA’s with respect to technology and legal issues.
4) Syntizen shall have the power to cancel the user license if any complaints are received and proven against any user.
5) Syntizen shall intimate in advance if there are changes in the charges per successful transactions.
6) Syntizen shall not be responsible for any kinds of damages on the hardware devices being used for Aadhaar update.

3.SERVICE CONDITIONS
1) The Parties agree that:
  User agrees that SYNTIZEN has no control on transaction success rate and that it varies based on the response of ASA’s & UIDAI. Therefore, no assurances are made by Syntizen in respect of transaction success rate.
2) The availability, and quality of the Services may be affected by factors outside Syntizen’s control including but not limited to physical obstructions, availability or performance of network, geographic conditions, topographic layout, weather conditions and other causes of radio interference, non-availability of power or faults or modifications in other communication networks, right of way and damage or modifications to equipment’s;
3) Any and all information (including that pertaining to User or its business) provided by User to Syntizen or gathered by independently of User may be disclosed by Syntizen to any statutory/ regulatory/governmental authority or any other entity/individual whether or not Syntizen provides the Services to Customer.
4) Except as otherwise agreed hereunder between the Parties, Syntizen does not guarantee uninterrupted or fault-free working of the Services and shall not be liable to User or to any user or other person for injuries or damages or death resulting from operation of the service arising due to any events (including but not limited to fire, explosion, war, riots, strikes, lockouts, picketing, boycotts, acts of government authorities, Act of God and causes originating in the facilities or operations of other telecom or allied service providers);.
5) Except as otherwise agreed under this Agreement, Syntizen shall not be liable to User for any loss, costs or damage whatsoever or howsoever caused, arising directly or indirectly in connection with the Services.
6) Except as otherwise agreed under this Agreement, Syntizen expressly excludes liability for itself and for its directors and its employees for direct or indirect consequential loss, damage, economic or otherwise, including loss of profits and loss of reputation even if advised of the possibility thereof.

4.PRICING POLICIES
1) Syntizen strictly abide the pricing policies for transactions as per the UIDAI standards and Laws applicable.
2) The pricing of termination of transaction is subjected to change as per the UIDAI &ASA’s regulations from time to time.

5.BILLING
1) Customer shall purchase Wallet balance in advance for performing transactions.
2) Syntizen shall debit Wallet balance from User’s account as per the mutually agreed rates defined in the web portal/application.
3) Syntizen reserves the right to average your remaining credits as per the new price structure in case of any decrease/increase of price from the UIDAI or ASA’s Side.
4) Syntizen shall not debit wallet balance from User’s account in case of failure of transaction.
5) User acknowledges that his/her account shall be suspended in case of inactivity of account for six months.
6) Syntizen debits wallet balance according to its transaction logs. These logs are deemed correct and valid even if the User has objected to the correctness of the accounting records, except if investigation by Syntizen has produced evidence of a technical problem or error.
7) All purchases shall be considered as final, in compliance with Syntizen’s no refund policy.
8) The wallet balance is non-refundable and does not bear interest. All the wallet balance must be used in the validity period from the date of the purchase and no carry forward of the credits will be made unless for a subscribed validity tariffs.
9) The value of wallet balance allotted for a specific service cannot be swapped or adjusted with another service, as services provided by Syntizen is not swappable in any means.
10) Customer may /shall agree to pay costs and fees, including but not limited to attorney fees and legal expense.

6.TERM
1) This agreement shall come in to effect from the effect date till the time it is terminated as per clause 11 of the agreement. For the recovery of charges imposed by any statuary authority after the effective termination of this agreement only for the purpose of recovery of those charges this agreement shall be valid and subsisting.
2) Terms and conditions shall subject to change, if any ban or prohibition is imposed by the government or UIDAI regarding the any of the services provided. Syntizen’s terms and conditions are subject to change according to UIDAI rules and Regulations.

7.TERMINATION OF SERVICE
Termination of the service will be of immediate effect and no prior notice in writing shall be required.
SYNTIZEN may limit, interrupt, terminate or refuse to provide a Service if:
1) User do not honor any provision of this Agreement
2) User use a Service in a manner that adversely affects Syntizen’s business, other customers or harasses them, or others.
3) User use Service to engage in fraud or unlawful conduct or are suspected of doing so.
4) User use any un authorized means to hack or access Syntizen’s servers.
5) Blacklisting of the User in terms of UIDAI Regulations.
6) Customer use service in a way to send false, inaccurate, misleading, unlawful, defamatory, abusive or of a vulgar, obscene or menacing nature, invasive of a person’s privacy, is hateful or racially, ethnically, or otherwise objectionable and with utmost importance Syntizen determines to be otherwise offensive or inappropriate.
7) User uses service in a way that contravenes: any applicable Law (including the Privacy Laws) or industry code or practice; or any other rules or guidelines by UIDAI or otherwise notified to the User by Syntizen from time to time.
8) User uses service that may have a detrimental effect on the goodwill or good standing of Syntizen in a way that may expose Syntizen to the risk of any legal or administrative action including prosecution under any Laws.
9) User uses service in a way that would infringe Syntizen’s Intellectual Property Rights or other rights.
Syntizen may restore such interrupted or terminated Service, in our sole discretion, following your correction of the violation and payment of any amounts due, including any restoration charge we assess for restoring your Service.

8.TERMINATION OF AGREEMENT
1) Without prejudice to any other rights available to Syntizen under this Agreement, Syntizen reserves the right to terminate the Agreement in the following events:
a) If required by any statutory authority or law enforcing agency;
b) Suspension or revocation of any license necessary for the conduct to its business pursuant to this Agreement;
c) Violation / Breach of any of the terms and conditions mutually agreed between the Customer and Syntizen will immediately lead to termination of this agreement and not limited to the gravity of the violations.
2) Either Party shall have the right to terminate this Agreement forthwith after giving notice in writing thereof to the other Party, in the event of the following: -
a) Insolvency of the other Party.
b) If the other Party enters into an arrangement or composition with its creditor(s) or if a Court Receiver is appointed for the other Party’s property or any part thereof.
c) If a resolution is passed to wind-up the other Party’s business.
d) Failure of the other Party to obtain or maintain any license necessary for the conduct of its business pursuant to this Agreement.

9.INDEMNIFICATION
Customer shall defend, indemnify and hold harmless, Syntizen, its parent, subsidiaries and subsidiaries of its parent and each of their directors, employees and agents against all actions claims, proceedings of
whatsoever nature (including all legal costs, legal fees & expenses) arising out of or in connection with the breach of this Agreement, including but not limited:
1) Breach of warranty and representations and any other terms and conditions of this Agreement;
2) Any act, omission, misrepresentation, fraud and negligence or default of officers, employee or agents of Customer;
3) Any infringement of intellectual property rights of Syntizen or any third party raising claims against Syntizen;

10.LIMITATION OF LIABILITY
1) Whilst Syntizen will take all reasonable steps to process transaction of customers as fast as possible, Syntizen cannot commit to, or guarantee, a specific transaction time. Such times depend on various network and system-related factors among the various entities involved.
2) Hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of the service generally, and any content or services contained therein, as well as all express and implied warranties that the operation of the service generally and any content or services contained therein will be uninterrupted or error-free.
3) Shall in no event be liable for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto; User agree to indemnify Syntizen for any third party claims arising from such failures, delays or interruptions in connection with regard to the use of the service.
4) Notwithstanding anything to the contrary contained herein, the provisions outlined above are for the benefit of Syntizen and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.

11.GENERAL
1) Neither Party shall use the brand name or trade mark/logo of the other Party for promotion and or marketing of such company without express prior written permission of the other Party.
During the term of the Agreement, each Party may provide to other Party proprietary and confidential information that it considers essential for the conduct of this arrangement. Each Party agrees to hold proprietary and confidential information of the other Party in confidence and to protect it against disclosure to the public and/or third parties. The parties shall take such reasonable steps to protect Confidential Information of other party as it will take precaution to protect own Confidential Information. The Parties shall make the information available only to those of its employees or agents who need to have access to it for the purpose of this Agreement and who in advance have been obligated to confidentiality. Upon termination of the Agreement, each Party shall immediately return all confidential business documentation or information of the other Party. Each Party agrees to use the information exclusively for the purposes of this Agreement and not make it available to any third party nor exploit the information commercially. However, each of the Parties shall be free to disclose such information if it
2) Confidential Information shall not apply where it:
a) Is or becomes available in public domain,
b) Is lawfully obtained from a source that is not under an obligation of confidentiality,
c) Is in the possession of other Party in written or other recorded form at the time of disclosure,
d) Is independently developed by either Party without use of such Confidential Information or
e) If other Party is legally compelled to disclose such Confidential Information. Provided that other Party shall give prompt notice to disclosing Party and co-operate with the disclosing Party to obtain protective order.
f) The disclosing Party was required under law to disclose to any judicial, statutory or governmental body.
3) In consideration of Confidential Information, the mutual benefits accruing to the Parties under this Agreement, each Party hereto agrees:
a) That it shall not, without the prior written permission of the Party to whom the Confidential Information belongs, directly or indirectly disclose or cause to be disclosed any Confidential Information to any third party:
b) That it shall take all steps as may be reasonably necessary to protect the integrity of the Confidential Information and to ensure against any unauthorized disclosure thereof:
c) That it shall promptly inform the other Party of any potential or accidental disclosure of Confidential Information and shall take all steps, together with such other Party, to retrieve and project the said Confidential Information:
d) that it shall ensure that all its employees and/or representatives who are given access to the Confidential Information shall at all times be bound by legally valid and written non-disclosure obligations: and
e) That it shall use the Confidential Information only for the purpose for which it was provided and shall not profit from the same in an unauthorized manner to the exclusion of the other Parties. It is agreed that the obligation under this Clause shall not apply in respect of Information which:

4) If any provision of this Agreement shall be found by any other Government or administrative/regulatory body of competent jurisdiction to be invalid or unenforceable, the invalidity or un-enforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. No waiver by any Party to any breach of the terms and conditions of this Agreement shall be considered as a waiver of any succeeding breach of the same or any other terms and conditions. No waiver of any of the terms or conditions hereof shall be valid or binding unless made in writing and duly executed by both Parties.
5) Neither Party to this Agreement will be liable for breach of this Agreement to the extent caused by or arising from prohibition or restriction of law, rules, regulations, or fire, flood, storms, weather, strike, lock-out or other labor problems, accident, riots, acts of God. However, Customer agrees to make payment for the Services availed under this Agreement till the time of occurrence of Force Majeure event
6) Any legal notice required or permitted to be given between the Parties under this Agreement shall be given in writing at the following address or such other addresses may be intimated from time to time:
Any such notice or other communication will be deemed to have been given and received (whether actually received or not) on the day it is personally delivered or delivered by courier or overnight delivery service or if sent by tele-fax, when actually received.
7) The Agreement, schedules and the CAF constitute the final, entire understanding and exclusive agreement between the Parties with respect to subject matter hereof and shall, cancel, and supersede all prior or contemporaneous oral or written agreements, writings or communications in this regard. In the event of and to the extent of any conflict or inconsistency amongst them, the following order of precedence shall apply:
(i) this Agreement;
(ii) the Customer Application Form and
(iii) the purchase order. Any additional or different terms in any Purchase Order, invoice, email or other similar documents, now or in future, shall be expressly subject to each term of this Agreement.
8) During the Term and for a period of at least three (3) years thereafter (but in no event less than any time period required by applicable law, rule or regulation), Customer shall maintain and provide all invoices and supporting documents including the statement of accounts to SYNTIZEN for such period as may be requested by SYNTIZEN for the purpose of performing audit and reconciliation in order to resolve any payment disputes between both the parties.
9) Customer cannot assign any right or interest under this Agreement to any person, firm or company without obtaining the specific prior written permission of Syntizen.

10) Neither party shall, during and for one year after the termination of this Agreement or any extension thereof, solicit, offer, employ or hire, directly or indirectly, any present employee, consultant or agent of the other party, who works or has worked within 12 months’ period preceding the date of such activity on a project covered by this Agreement or in any way encourage any such person to leave the other party to work for the soliciting, offering or encouraging party.
i. It is mutually agreed between the Parties, that in the event any difference or dispute relating to these terms and conditions, the same shall be refered to an Arbitral Tribunal comprising of a sole arbitrator to be nominated by in accordance with the Arbitration and Conciliation Act, 1996 (“the Act”). The award of the Arbitral Tribunal shall be final and binding on all the Parties. The Arbitration proceedings shall be held in Hyderabad, Telangana State and shall be conducted in such language as specified by the Arbitral Tribunal. The arbitral proceedings and the arbitral award shall be governed by the provisions of the Act.
ii. Subject to the above sub-clause, the provisions of this Agreement (and any disputes arising in connection with the same) shall be governed by and construed in accordance with the laws in India and shall be subject to the exclusive jurisdiction of the courts at Hyderabad, Telangana State.

11) Such provisions of this Agreement, which generally can survive after termination or expiration of any similar Agreement, shall also survive any termination or expiration of this Agreement.
In witness of the above, the respective parties have signed this agreement on the dates mentioned herein below.

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