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Terms of Service, 1Checkout

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I. Introduction

1. These terms of use (the “Terms of Use”), read together with the privacy policy located at (“Privacy Policy”) constitute a legal and binding agreement (“Agreement”) between You (hereinafter referred to as “You”, or “Your” or “User(s)” and Traceroot Software Solutions Pvt Ltd. (the “Company”), having itsoffice at ("Rachenahalli, Bengaluru Bangalore KA 560045 IN”) and provides, inter alia, terms that govern Your access and use of the Company’s product checkout interface for facilitating online payments for for a faster, smoother, rapid checkout from a merchant’s portal (“1Checkout”).
2. These Terms of Use constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000.
3. These Terms of Use apply to all Users who choose to checkout using 1Checkout from a merchant’s portal and make online payments via 1Checkout.
4. Please read the Terms of Use and the Privacy Policy of the Company with respect to use of the 1Checkout checkout services carefully before using the same. Any capitalized term used in this term of use and not defined herein shall have the meaning as defined in the Privacy Policy. In the event of any discrepancy between the Terms of Use and any other policies with respect to the Services, the provisions of these Terms of Use shall prevail.
5. By using 1Checkout’s services, You signify Your agreement to (1) these Terms of Use, (2) Privacy Policy and any other terms that are updated from time to time. If You do not agree to any of these terms, please do not proceed to checkout via 1Checkout or users of 1Checkout agree to be bound by the terms of this Privacy Policy and terms of service.
6. This Agreement does not alter in any way the terms or conditions of any other agreement You may have with us, or our subsidiaries or affiliates, for Services or otherwise. If You are using the 1Checkout’s services on behalf of any entity, You represent and warrant that You are authorized to accept these terms on such entity's behalf, and that You agree to indemnify us for violation of this Agreement.

II. Use of 1Checkout

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1. A condition of the User’s use of the checkout services by using the 1Checkout platform by the Company (the “Services”) is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to not avail the Services by opting or checking out via 1Checkout.
2. Use of 1Checkout as an option for checking out of the merchant’s portal and making online payments via 1Checkout to the merchant means you are consenting to these Terms of Use and agreeing to share User data as specified in the Privacy Policy.
3. Any use of the Services beyond the scope of authorized access as set forth in these Terms of Use immediately terminates any permission granted herein
4. You acknowledge and agree that You will not:

• reproduce or attempt to reproduce the checkout services via 1Checkout.
• modify, adapt, translate or create any derivative works of 1Checkout or attempt to do the foregoing.
• attempt to circumvent or disable 1Checkout or any technology, features or measures in the checkout services by any means or in any manner.
• attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for 1Checkout.
• distribute, encumber, sell, rent, lease, sub-license 1Checkout to any third party.
• violate the security of any computer network, crack any password or security encryption codes relating to 1Checkout.
• run any form of auto-responder or spam on the Services which interferes with the proper working of 1Checkout Services
• Launch or use any automated system, including without limitation, “robots,” “ crawals”, “spiders,” that accesses the Services in any manner.
• access or use the Services in any manner that could damage, disable, overburden or impair any of the Company’s servers or the networks connected to any of the servers on which 1Checkout is hosted.
• remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on 1Checkout or used in connection of 1Checkout.
• disrupt or interfere with the security of, or otherwise cause harm to, the Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Services/products or any affiliated or linked sites.
• post, transmit or make available any material that contains viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent.

5. This Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

• the Indian Contract Act, 1872;
• the Information Technology Act, 2000 (the “IT Act”);
• the rules, regulations, guidelines and clarifications framed under the IT Act, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);
• the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”); and
• the Consumer Protection Act, 1986.

III. Submission of information

1. If You allow a third party access to 1Checkout’s Services on your behalf, You shall ensure that the said third party is bound by and abides by the terms of this Agreement.
2. Please refer to our Privacy Policy to know more about our policy with regards to collections, storage and use of personally identifiable information provided by You.
3. The Company authorizes You to access 1Checkout solely for the purpose of using the Services.
4. You hereby authorize the Company to (i) render the Services provided by the Company (ii) use Your submitted information to provide a personalised checkout experience, (iii) maintain a record of Your information as specified in the Privacy Policy
5. The Company may, at any time and without having to serve any prior notice to You, (i) upgrade, update, change, modify, or improve 1Checkout or a part thereof in a manner it may deem fit, and (ii) change the contents of Terms of Use and/or the Privacy Policy. It shall be Your responsibility, in such cases, to review the terms of the Agreement from time to time. Such change shall be made on the merchant portal at the time of checking out and shall reflect accordingly.
6. The Company reserves the right, at its sole discretion, to suspend Your ability to use or access the Services at any time while the Company investigates complaints or alleged violations of these Agreement, or for any other reason. Further, it shall also have the ability to prohibit or restrict You from using the Services, in its opinion, feels that You are misusing 1Checkout in any manner whatsoever.
7. The use of 1Checkout is governed by the Company’s Privacy Policy which sets forth its standard practices regarding the collection, use and disclosure of personal information that it obtains about You in connection with the Services.

IV. User Covenants

1. You agree and represent that You are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to use the Services. In the event a minor uses 1Checkout and the related Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of its Services and 1Checkout platform. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria.
2. You shall at all times, while using the Services comply with all applicable laws and regulations necessarily required to procure the Services from the Company and that the Company shall not be liable for any of Your unlawful acts while using the Services.

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V. Intellectual property rights

1. All the intellectual property used on 1Checkout by the Company shall remain the property of the Company. You agree not to circumvent, disable or otherwise interfere with security related features of 1Checkout.

VI. Liability

1. The Company does not provide or make any representation, warranty or guarantee, express or implied about the Services.
2. The Company shall not be liable for any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the inability to use or performance of the Services. This shall extend to the loss suffered by You due to delay or inability to use the Services.
3. The Company shall not be responsible or liable in any manner to You for any losses, damage, injuries or expenses incurred as a result of the use of 1Checkout in any manner.
4. The Company has no control over the accuracy, privacy policy and/or content of any merchant website including any third party website whatsoever. By using 1Checkout for checking out of a merchant’s portal, You release the Company and hold it harmless from any and all liability arising from Your use of any merchant website and/or third party service. The Company will not be responsible for any loss or damage suffered by You on account of your dealings with such third party and will not be involved in any dispute that may arise between You and such third party,
5. It is agreed and acknowledged by You that to the fullest extent permitted by law, in no event shall the Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of User content or any other content available on 1Checkout, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of 1Checkout, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from 1Checkout, and/or (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through 1Checkout by any third party whether or not the Company is advised of the possibility of such damages.

VII. Indemnity

1. You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) Your access to or use of 1Checkout in any fraudulent manner, and (ii) violation of the Agreement i.e. Terms of Use and Privacy Policy as agreed herein. The Company will notify You promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.

VIII. Severability

1. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

IX. Term and Termination

1. This Agreement will remain in full force and effect while You use 1Checkout in any form or capacity and all other provisions of this Agreement shall continue to be in full force and effect.
2. The Company reserves the right to terminate Your access to 1Checkout and this Agreement in the event of breach of any terms contained in this Agreement, misrepresentation of information, any unlawful activity or is unable to verify or authenticate any information that You submit to the Company.
3. Clauses under the headings Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution, and Notices shall continue and survive the termination of this Agreement.

X. Dispute Resolution and Governing Law

1. This Agreement and any contractual obligation between the Company and You will be governed by the laws of India, subject to the exclusive jurisdiction of courts at Bengaluru, India (Bangalore).
2. All disputes will be subject to arbitration at Bengaluru in English by a single arbitrator appointed by You and the Company under the Arbitration and Conciliation Act, 1996.

XI. Headings

1. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the terms of Service or the right to use 1Checkout by the Users contained herein.

XII. Disclaimer

1. The Company hereby disclaims all representation(s) and/or warranty(ies), either express or implied, including without limitation, warranties of fitness for particular purpose, title, non-infringement. In addition, thereto the Company makes no representations, warranties or guarantees that the Services shall be free from any error, loss, destruction, damage, corruption, attack, viruses, interference, hacking, other security intrusion,

XIII. Assignments

1. The User cannot assign, delegate or transfer these Terms or its rights or obligations hereunder in any way (by operation of law or otherwise) without the Company’s prior written consent. The Company is free to transfer, assign, or delegate these Terms and its rights and obligations without the User’s consent.

XIV. Notices

1. All notices and communications shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/ facsimile, with due acknowledgment of complete transmission to the following address

XV. Questions and Contact Information

1. Questions or any feedback about the Services may be directed to the Company and You may contact us at email address: support@logisy.tech ‍