This document is an electronic record in terms of the Information Technology Act, 2000
and
rules there under pertaining to electronic records as applicable and amended. This
electronic record is generated by a computer system and does not require any physical or
digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing
the
rules and regulations, privacy policy and the terms and conditions for access or usage
of www.BYABSAI.in (the
"Website").
Please read the following terms and conditions very carefully as your use of the Website
and
associated WWW.BYABSAI.in Services (as defined below) is subject to your acceptance of
and compliance with the following terms and conditions including the applicable policies
which are incorporated herein by way of reference and as amended from time to time (the
"Terms and conditions").
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE
TERMS
AND CONDITIONS herein, SO PLEASE READ THE TERMS and conditions CAREFULLY BEFORE
PROCEEDING.
By impliedly or expressly accepting these Terms and Conditions of use of website, you
also
accept and agree that you have read, understood and are bound by these Terms and
conditions,
regardless of how you/WWW.BYABSAI.in member subscribe to or use the WWW.BYABSAI.in
Services. If you do not want to be bound by the Terms and Conditions, you must not use
the
Website or the WWW.BYABSAI.in Services.
In these Terms, references to "You" or "User" or "WWW.BYABSAI.in member" shall mean the
end user accessing the Website/WWW.BYABSAI.in services, its contents or using the
WWW.BYABSAI.in Services offered. "WWW.BYABSAI.in Services" means a collective
reference to the WWW.BYABSAI.in service provided by 92bytes., CIN :
[TO BE FILL UP], a company under the provisions of companies act, 2013 and having its
registered office at 46 DR. AJIT RANJAN GUHA SARANI BHADRAKALI HOOGHLY 712232
('92bytes./Company').
Scope
BYABSAI acts as a platform to enable any user to themselves register on it (by filling
the mandatory fields and optional fields, if any) to voluntarily search for profile(s)
from
the database of BYABSAI’s already registered users, for seeking prospective lawful
SERVICE PROVIDER for themselves. BYABSAI customer care executive /relationship
executive
may also be able to assist you to create your profile; however, you must have a
valid/operational mobile phone number and an email id.
The profiles in the database of BYABSAI are classified broadly on the basis of CATEGORY
AND SKILLS for the ease and convenience of its member / customer.
BYABSAI Members are provided with free/paid access for searching profiles from the
database of BYABSAI, as per the SERVICE REQUIRED preference set by you (on the
Website/Applications -(App) and you shortlist the SERVICE PROVIDER yourself.
BYABSAI do not authenticate any information of any profile and hence you as a user need
to verify the credentials and information provided by other users.
1) Eligibility:
A) BYABSAI Membership and rights of admission is reserved solely for:
-
Indian Nationals & Citizens.
-
Persons of Indian Origin (PIO).
-
Non Resident Indians (NRI).
-
Persons of Indian Descent or Indian Heritage
B) Further in capacity as BYABSAI member you confirm that you are:
-
18 years or above;
-
Legally competent to WORK OR PROVIDE SERVICE AND PAY THE SERVICE CHARGE AMOUNT AS
NEGOTIATED, and
-
Not prohibited or prevented by any applicable law for the time being in force from
entering into a BUSINESS.
`
2) Registration
A. We expect that you would complete the online registration process with fairness and
honesty while furnishing your personal information to BYABSAI. You would appreciate
that
efficient and effective SEARCH FOR SERVICE PROVIDER through our automated system depend
upon
yourself furnishing true, accurate, current, complete information and photos etc. We
expect
you to read the relevant column before keying in the details or selecting the option
available or uploading the photo. You are requested not to key in details of the profile
in
field other than the applicable field (including mentioning id's of other
platforms/websites/App or repeating your details in another fields, after filling them
once
in the relevant fields or others photographs. You further undertake that you alone shall
be
responsible or liable for any information provided to BYABSAI. In order to serve you
better if BYABSAI requires additional details you agree to provide it. BYABSAI shall
reproduce the registered member details on "as is as available" basis to other
registered
members and BYABSAI members shall be solely liable for the information given by such
BYABSAI member. You may also call to our customer care executive to assist you in
getting
your profile registered on our website/App. Further you may fill in your email id and
phone
number in any of our registration campaigns appearing in various websites as part of our
advertisements, basis which you may receive call from our Customer care Center and
assist
you in getting your profile registered on our website/App. BYABSAI may also reproduce
your profile information in other consortium of websites owned by 92bytes. to provide
better
service to you.
B. If at any point of time BYABSAI comes to know or is so informed by third party or
has
reasons to believe that any information provided by you for registration (including
photos)
or otherwise is found to be untrue, inaccurate, or incomplete then BYABSAI shall have
full right to suspend or terminate (without any notice) your BYABSAI membership and
forfeit any amount paid by you towards BYABSAI membership fee and refuse to provide
BYABSAI service to you thereafter.
C. BYABSAI Membership is restricted strictly to the registered BYABSAI individual
member only. Organizations, companies, businesses and/or individuals carrying on similar
or
competitive business cannot become Members of BYABSAI and nor use the BYABSAI Service
or BYABSAI members data for any commercial purpose, and BYABSAI reserves its right to
initiate appropriate legal action for breach of these obligation.
3) Role and Responsibility of BYABSAI
A. BYABSAI is an endeavor to help you find A SERVICE PROVIDER IN YOUR DAY TO DAY LIFE
through of process of automated searching, short listing and contacting SERVICE
PROVIDERS IN
YOUR surrounding area amongst our registered members.
B. BYABSAI reproduces your details once you register on our website /App on "as is as
available" basis and also share your profile with other registered BYABSAI members
within
our consortium of website(s).
C. BYABSAI's obligation is only to provide an interface to its registered members to
search their prospect themselves without any assistance from third party / persons from
amongst the other registered members of the Website/App. You agree that the system
generated
search results of BYABSAI are only of the profiles registered members on Website/App.
D. BYABSAI's automated system offers SEARCHING OF SERVICE PROVIDER/RECEIVER profiles
between its registered members based on the partner preference set by each such BYABSAI
member
A. E. The search conducted by any BYABSAI member and the results thereof are
automatically generated, and based on the SERVICE REQUIRED preference set by you. In the
event BYABSAI member changes their SERVICE REQUIRED preference on the Website/App, then
the automated system generated prospect results of the Website/App may also undergo
corresponding change.
E. BYABSAI cannot guarantee or assume responsibility for any specific results from the
use of the data available from the BYABSAI service or from the consortium of
websites/portal's of 92bytes.S.
F. The BYABSAI members agrees and understands that BYABSAI may also allow third
parties to provide BYABSAI members services on the website, and BYABSAI may also
collect the payment for such third party services to you.
G. BYABSAI shall safeguard sensitive user information using authentication mechanisms,
access controls and encryption techniques.
H. BYABSAI cannot guarantee the complete protection of user data while it is in
transit,
or prevent any tampering of the data by a third party with malicious intent before the
data
reaches the BYABSAI servers
4) Role and Responsibility of BYABSAI Member
-
To protect the broader interest of the registered BYABSAI member and increase the
efficiency, BYABSAI members ensure to keep their username and password and OTP sent
to their registered mobile number, safe and confidential for using the BYABSAI
services.
-
Any additional information / data required by BYABSAI for using the BYABSAI
services shall be provided by the BYABSAI Member, as and when so sought by
BYABSAI.
-
All technicians will be well equipped with the personal protective equipment and
obey
the personal and property safety rules according to their respective field and
criteria.
-
At the time of working in client premises, proper care should be taken, so that no
property damage is occurred.
-
After satisfactory performance by technician, client will pay him the agreed amount
as
fee or service charges.
-
BYABSAI is not liable or responsible in any condition for any property damage, not
liable in condition for not paying the service charges to technician. You are
requested
to come on an agreed amount before entering in to service with client.
5) BYABSAI Members are expected to refrain from:
-
Sharing of confidential and personal data with each other but not limited to sharing
of
bank details, etc.
-
Violating any law for the time being in force.
-
BYABSAI members are expected to visit URL https://www.BYABSAI.in,
for understanding the safety measures on service provider search and awareness
towards
online safety.
-
BYABSAI Members are expected to be cautious of prospects who ask for favors, money
etc or call from multiple phone numbers.
-
You also agree that while accessing / using the Website/App, you will be guided by
the
terms and conditions of the Website/App including but not limited to the use of
feature
of website /App like chat instantly with customer care executive.
-
BYABSAI member shall not assign or transfer your BYABSAI membership to any other
person or entity, and such an act shall be treated as violation of terms and
conditions
and BYABSAI shall retain their right under clause 2 (b) of this terms and
conditions.
-
If the BYABSAI Member fails to inform BYABSAI, about any change in the particulars
furnished by BYABSAI member to other BYABSAI member, then the BYABSAI
membership may be suspended by BYABSAI at its sole discretion
-
BYABSAI Members agree to use secure devices, software and networks for accessing
the
BYABSAI services.
-
BYABSAI Members shall not probe, scan or test the vulnerabilities of the BYABSAI
Website/App or any network connected to the Website/App nor breaches the security
measures instituted by BYABSAI.
6) Customer Care / Customer Service
In the event you come across any concerns in our service, then please be free to contact
us
Email ID: admin@BYABSAI.in
Contact No: +8240123160
Address
: BYABSAI,
7) Medium of Communication to BYABSAI Members
A. BYABSAI member hereby consents for receiving communication including promotional
communications through any medium of communications such as Emails and /or SMS/Calls
from
consortium of portals owned by Centroid Technical Servies or their alliance partners.
B. 92bytes., may contact the BYABSAI member through any of the above
media to share the profile of the members by way of internal messages / links. BYABSAI
member confirms that the mobile number submitted to it for verification or alternative
number if any provided, is not registered with the Do Not Disturb / National Customer
Preference Register and they shall not initiate any complaint. BYABSAI Member further
confirms that even if BYABSAI Member is registered with the telecom service provider
under the category Do Not Disturb / National Customer Preference Register the calls from
BYABSAI either to the verified mobile number or alternative number if any provided
shall
not be treated as promotional calls.
8) Confidentiality
-
BYABSAI has reasonable processes and system in place to maintain confidentiality of
all personal information other than those meant for sharing with the prospect
furnished
by BYABSAI members and BYABSAI may at its sole discretion and cost take bonafide
steps for maintaining the confidentiality of the information in compliance with
applicable law. However, BYABSAI/BYABSAI member may divulge such information if
required by law.
-
Any feedback you provide to BYABSAI shall be deemed to be non-confidential.
BYABSAI shall be free to use such feedback/information on an unrestricted basis.
Further, by submitting the feedback, you represent and warrant that (i) your
feedback
does not contain confidential or proprietary information of yourself or third
parties;
(ii) BYABSAI member is not under any obligation of confidentiality, express or
implied, with respect to the feedback; (iii) you are not entitled to any
compensation or
reimbursement of any kind from BYABSAI for the feedback under any circumstances.
-
You agree that BYABSAI has all the right to process your data through the automated
process to serve you with suitable technician profiles from BYABSAI or its
consortium
of websites and may also send you communication in this regard.
9) Privacy of Membership
-
BYABSAI has taken reasonable steps to protect the BYABSAI member's privacy and
shall take all reasonable efforts to protect any personal data provided to us
through
reasonable security safeguards against such risks as loss or unauthorized use,
destruction, use, modification or disclosure of data etc.
-
Although we will strive to safeguard the confidentiality of your personally
identifiable
information, any information transacted over the Internet cannot be made absolutely
secure. You also agree that the copying the data by using technology or any other
new
methods of data misuse/theft cannot be secured by BYABSAI and that BYABSAI will
have no liability for any such act. BYABSAI member understand and agree that
BYABSAI will have no liability for disclosure of your information due to errors in
transmission or unauthorized acts of third parties. You also agree to keep your
username
and password confidential, to avoid any misuse of your profile at our Website/App.
-
Please read and comprehend our Privacy Policy, which also governs your visit to
BYABSAI, to understand our practices. BYABSAI members agree that their profile(s)
may be crawled and indexed by search engines, where BYABSAI and its network does
not
have any control over the search engines behavior and BYABSAI shall not be
responsible for such activities of other search engines/third party websites.
-
You agree that, when you use third party services through Website/App, you hereby
grant
BYABSAI the right to share your information needed for providing such third party
services to you or in relation to processing your information for office use of
BYABSAI/its payment gateway and/or such third party service providers.
10) Grievance Officer
In the event you come across any violation by another user including but not limited to
having content in the web site that is obscene, menacing, grossly offensive, harming
minors,
infringing copyright, patents, etc., or another user is impersonating etc. you may then
please be free to provide your concerns in writing or email us with digital signature
to:
Email:
admin@BYABSAI.in,
B. Disputes between Members:
-
You, who searches the technician or service providers and the technician or service
provider are both registered BYABSAI members and are bound by these terms and
condition. We request you to follow the guidelines..
-
BYABSAI is not a broker or the agent of any BYABSAI member and BYABSAI does not
take part in the exchange of any kind of discussion between the BYABSAI members and
prospects or the results of their discussion.
-
BYABSAI Member's are solely responsible for the communications (through any medium)
with client and technician or vice versa. BYABSAI expressly disclaims any
responsibility or liability for any transaction(s) or exchange(s) or interaction(s)
or
passing of information(s) etc. between any BYABSAI members inter se via e-mail,
chat,
interaction or any other medium of communication between BYABSAI members either
using
website /App or otherwise.
-
BYABSAI has no obligation, to monitor any such disputes arising between the
BYABSAI members, and BYABSAI shall not be party to any such dispute/litigation
etc.
11) Content Right
-
www.BYABSAI.in is a domain registered in the name of 92bytes..
You agree that all content of BYABSAI belong to BYABSAI excluding your or third
party content including advertisement on the Website/App for which BYABSAI has
requisite license/right in terms hereof to display the same on our Website/App.
-
You acknowledge that you are responsible for the content (mandatory or optional
content
you provided on our website) and information including the profile details,
photograph
and other content(s) keyed in the relevant field of the Website/App at the time of
the
creation of the BYABSAI profile or subsequently modified by you and also for all
the
post and communication (including personalized messages sent by BYABSAI paid
members)
with other member(s). You hereby represent and warrant that you own all rights,
title
and interest in your content/information or have the necessary licenses, rights,
consents, and permissions to provide the said content/information. However, by
submitting the content/information to BYABSAI, you hereby grant BYABSAI a
worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to
use,
reproduce, distribute, prepare derivative works of, display, publish, communicate to
the
public, law enforcement agencies, courts, and the BYABSAI's business and services,
including without limitation for promoting, communicating to the public and
redistributing part or all of the content/information (and derivative works thereof)
in
any media formats and through any media channels. BYABSAI also reserves the right
to
block the registration of your profile on Website/App, if any, in the case of your
contact details/links being entered in irrelevant fields or if there are errors in
data
entered by the BYABSAI members in their profile.
-
While BYABSAI does not accept any obligation to monitor the content/information, if
the content/information is found not to be in compliance with these Terms, then
BYABSAI may delete the content/information and / or terminate or suspend your
registration or (without a refund of any subscription paid by you in terms of clause
2
(b) of these terms and conditions). You agree that if the situation warrants
BYABSAI
may at its sole discretion put restriction on any BYABSAI member to other member's
communications.
-
BYABSAI reserves the right to suspend/delete the profile of the users who
appropriate
the name, likeness, email address, contact no or other personally identifiable
information of another individual and BYABSAI also reserves its right to initiate
appropriate legal action against such individual/organization, as and when BYABSAI
get the knowledge of the same.
-
BYABSAI is a brand owned by 92bytes., owns, retains and has
complete rights in BYABSAI and the BYABSAI Website /App/ BYABSAI Service.
-
BYABSAI reserves the right to proceed/initiate appropriate steps under the
prevailing
law against infringement by violators of the its proprietary rights or for illegally
copying, modifying, publishing, transmitting, distributing, performing, displaying,
or
selling of any such proprietary information including using it for commercial
purpose in
any manner whatsoever.
-
In the event we get a complaint against you and consequently we have
suspended/deleted
your profile in good faith, then we shall not be liable to you in any manner
whatsoever,
including for any loss, costs, expenses, or consequence, if any.
12) Third Party website
-
BYABSAI member understand and agree that BYABSAI may allow third parties to put up
advertisements on the BYABSAI application/Website/App and BYABSAI does not control
the contents of such third party advertisement on the BYABSAI
application/Website/App. Third party websites to which links are given on
Website/App
are not governed by these Terms and conditions and all such third party websites are
governed by their own terms and conditions for use and privacy policy, and in case
of
conflict the terms and conditions of the third party website shall prevail. The
Company
does not in any manner whatsoever authenticate, endorse, verify or certify these
third
party websites or any contents therein. Please note that a user shall click on links
to
third party websites at his / her sole risk and responsibility.
-
The BYABSAI members agrees and understands that BYABSAI may also allow third
parties to provide BYABSAI members services on the website/App like horoscope
matching etc., and BYABSAI may also collect the payment for such third party
services
to you, and BYABSAI in this regard can have revenue sharing arrangement with the
such
third party, however in no event shall BYABSAI be liable to you for such third
party
services.
-
BYABSAI reserves the right to add/delete/alter/modify/suspend any or all the
BYABSAI Services at any time as it may deem fit, without notice. The BYABSAI
members are expected to see the change on the Website/App.
13) Limitation of liability
-
BYABSAI likes to inform you that the exchange of profile(s) through or by BYABSAI
should not in any way be construed as a matrimonial offer and/or recommendation and
/ or
advice or guarantee given to the BYABSAI member, from/ or by BYABSAI.
-
BYABSAI / BYABSAI or its Office bearers shall under no circumstances be liable or
responsible to the BYABSAI member or his/her authorized Representative or Guardian
or
any third party for any direct, indirect, special, exemplary, incidental, or
consequential damages of any character including, without limitation, damages
resulting
from the use of our Website/App Third Party Website/ BYABSAI services.
-
Notwithstanding anything to the contrary contained herein, BYABSAI's liability to
you
for any cause whatsoever, and regardless of the form of the action, will at all
times be
limited to the amount paid, if any, by you to BYABSAI, for any specific BYABSAI
paid package, and no further.
-
BYABSAI will not be liable in case of any fault made due to any available
data/profiles from the BYABSAI/BYABSAI's consortium of websites.
-
BYABSAI or its office bearers shall under no circumstances be liable, if any,
BYABSAI member enter into financial transaction with any client or third party.
-
Class Action Suits
-
You and BYABSAI acknowledges that neither of us will bring or participate in any
class action or other class proceeding in connection with any dispute with the other
party. Further neither you nor BYABSAI agrees to class arbitration.
14) General
-
The BYABSAI Website/App shall be deemed to be used by you when it is loaded and/or
continues to be loaded in temporary or permanent memory of your mobile phone,
computer
or any other device or in the internet browser thereof.
-
BYABSAI website/App act's as an intermediary as defined under sub-clause (w) of
Section 2 of the Information Technology Act, 2000.
-
In the event you file a false complaint against another technician/client on our
Website
/App and consequently we have suspended/deleted that based on your complaint, then
we
reserve our right to initiate appropriate legal (Civil/Criminal) action against you
and
claim any and all costs expenses from you, for such
irresponsible/misrepresentation/illegal/unlawful action. We also reserve our right
to
suspend your profile and forfeit any and all amounts paid by you for the BYABSAI
services as per clause 2 (b) of these terms and conditions.
-
Notwithstanding anything contained herein, BYABSAI reserves the absolute right to
delete, in any manner as it deems fit, any content of any profile listing placed on
BYABSAI/website/App (once such instance come to BYABSAI notice) in order to ensure
compliance with the rules of such placement, prima facie accuracy and the prevailing
laws in force for the time being, especially those relating to providing any
obscene,
libelous, blasphemous, slanderous, defamatory or invasive of another person's
(deceased
or alive) right of privacy or publicity, or that may reasonably be deemed to be
harmful,
vulgar, pornographic, abusive, harassing, threatening, hateful, objectionable with
respect to race, religion, creed, nationality, gender or otherwise unfit for
reproduction; or suggests or encourages unfair or illegal /indecent, unlawful
activity.
BYABSAI also reserves the right to block/ delete / suspend the profile which might
be
offensive, illegal or that might violate the rights, harm or threaten the safety of
our
office bearers/employees (including undue communication with any employee) and/or
other
registered technicians/service providers and clients.
-
In case of conflict between the terms and condition of Website/App and terms and
conditions of any other website including consortium of portal of BYABSAI, the
terms
and condition of BYABSAI Website/App shall prevail for the service provided through
this Website/App.
-
After the expiry of the BYABSAI paid package, the BYABSAI membe's profiles shall
remain on BYABSAI/consortium of portals from BYABSAI itself, until the BYABSAI
member intimate the removal of his/her profile from the Website .
15) Disclaimer
-
Your access to and use of the BYABSAI Services or any content is at your own risk.
YOU UNDERSTAND AND AGREE THAT THE BYABSAI SERVICES ARE PROVIDED TO YOU ON AN "AS
IS"
AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT
PERMITTED
BY LAW, BYABSAIDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BYABSAI does not warrant
that
the Website/App, its servers, or e-mail sent from BYABSAI are free of viruses or
other harmful components. BYABSAI will not be liable for any damages of any kind
arising from the use of this BYABSAI Website/App, including, but not limited to
direct, indirect, incidental, punitive, and consequential damages.
-
BYABSAI does not give any implied or explicit guarantee or warranty of marriage or
alliance by you choosing to register on our Website/App and using BYABSAI services
(both paid and free).
-
You agree to provide us with your Permanent Account Number / Form 60/61 of the
Income
Tax Act, 1961 and rules there under in the event you choose any paid package of
BYABSAI, the value of such paid package being Rs.3,000/- [Rupees Three thousand
Only]
and above from BYABSAI.
-
Notwithstanding anything contrary contained anywhere, under no circumstances,
BYABSAI
shall be held responsible or liable whatsoever or howsoever, arising out of,
relating to
or connected with:
-
any act or omission done by BYABSAI/BYABSAI/payment gateway/alliance partner etc.;
-
any untrue or incorrect information submitted by you or on your behalf;
-
any decision taken by you or on your behalf or any consequences thereof, based on
any
information provided by any other user (including suspension/deletion of the profile
from BYABSAI);
-
any unauthorized or illegal act done by any third party relating to or connected
with
any information submitted by you or on your behalf;
-
any cybercrime attempted or committed by anyone and
-
any incident of force-majeure or 'act of god'.
-
Any issue already stated in these terms and conditions including limitation of
liability
clause of these terms and conditions.
-
Any link to the social media provided through Trust Badge. You also understand and
agree
that BYABSAI is not counterchecking or authenticating the veracity of the
data/photocopies of documents provided by any BYABSAI member while giving Trust
Badge. BYABSAI Members are expected to counter check the veracity of the documents
submitted by the prospects while short listing the prospect and satisfy themselves
before making a choice of your match through adequate efforts, initiatives and due
diligence. BYABSAI do not claim the authenticity or ownership of the home or office
address scheduled for an appointment as being the member's actual or legal place of
residence or employment respectively. BYABSAI Members are requested to exercise due
care and caution while short listing the prospect and satisfy themselves before
making a
choice of your match through adequate efforts, initiatives and due diligence.
BYABSAI
will not be liable for any damages of any kind arising from the use of this
Website/App
including, but not limited to direct, indirect, incidental, punitive, and
consequential
damages.
-
BYABSAI shall not be liable for the outcome of during any interaction in a meeting,
call, sms, chat, email or social media posts at any point of time
-
Any issues relating to any technical malfunction of any telecommunication network,
software, hardware failures, network congestion, denial of service, failure due to
spamming or any combination of the above.
-
You expressly agree that your use of this Website/App is at your sole risk.
16) Indemnity
-
By using our BYABSAI services you agree to defend, indemnify, and hold harmless
BYABSAI, its subsidiaries, affiliates, Directors, officers, agents, and other
partners and employees, fully indemnified and harmless from any loss, damage,
liability,
claim, or demand, including reasonable attorney's fees, made by any person through
improper use of the service provided by BYABSAI. This defense and indemnification
obligation will survive in perpetuity.
17) Breach
-
You agree that if we receive feedback/ complaints against your profile in relation
to
the facts that you are seeking physical / financial favors from our other registered
members or have provided incorrect information on our website/App or committed any
unlawful/illegal activities through the use of our website/App or created a profile
on
our website /App by impersonation/ fake/ bogus/ false/ misrepresentation/ without
consent of the person who's profile is being registered or use only part information
including using photo of third parties without the permission of such third parties
or
act with other members/employees in indecent/improper manner, then we/BYABSAI in
good
faith reserve our right to suspend/delete your profile at our sole discretion
without
any notice to you, we also reserve to stop all BYABSAI services to you and take any
action as mentioned in clause 2 (b) of the Terms and Conditions.
-
BYABSAI reserves the right to forthwith terminate your BYABSAI membership,
block/delete your profile and forfeit entire amount paid as membership fee; if at
any
time BYABSAI, in its sole discretion, is of the opinion or has any reason to
believe
that, you have violated these Terms and conditions of use. We also reserve our right
to
file appropriate police complaint against you, if the breach of these terms and
conditions is/are criminal in nature.
18) Termination
-
Unless otherwise provided in these Terms and Conditions, BYABSAI membership may be
terminated by BYABSAI / you without assigning any reasons by serving 7 days written
notice on the other, all amount paid till date by you to BYABSAI shall be
forfeited.
-
Upon termination / suspension of BYABSAI membership, your right to use or access
the
BYABSAI Website/App BYABSAI services will cease immediately. All provisions of
this terms and conditions that by their nature should survive termination shall
survive
termination, including, without limitation, disclaimers, and limitations of
liability.
Termination of your access to and use of the BYABSAI Services shall not relieve you
of any obligations arising or accruing prior to such termination.
19) Jurisdiction and Applicable Law
-
The registration of BYABSAI membership and all BYABSAI services are deemed to have
been entered into within the territorial Jurisdiction of Kolkata, India.
-
The BYABSAI Members unconditionally agree that all such disputes and / or
differences
if any shall be governed by the Laws of India and submitting to the exclusive
Jurisdiction of appropriate court of law in West Bengal, Kolkata, India.
-
You hereby, unconditionally and irrevocably confirm that you have read terms and
conditions and agree to abide by them and the information provided by you is true
and
correct.
20) Trust Badge
-
We may provide Trust Badge to you (applicable for select locations in India only)
which
encompasses Identity Badge, Social Badge, Professional Badge and Reference Badge.
Details mentioned below need to be provided for obtaining the relevant Badges:
-
Social Badge: Social media account maintained with facebook / Twitter / Linkedin.
-
Reference Badge: The name, address and contact details of your friends / relatives.
-
Identity Badge: Copy of any government issued photo ID Cards like Passport, Pan
card,
Aadhaar, Election ID Card, Ration Card, etc.
-
Professional Badge: Copy of Educational certificate.
-
Employment Badge: Copy of Trade license, trade certificate
-
If you opt to avail our verification and Trust Badge service offered by us, you
agree to
provide the copy of documents to prove your name, educational qualification, income,
family photo, residence / office address, marital status (if applicable). Once
verification is rendered satisfactory, the member's respective Badges are activated
online.. However, BYABSAI does not verify the origin, genuineness, legality of the
documents or take any responsibility of the same. Based on the data provided during
verification, if there is difference in the data provided in your profile, BYABSAI
reserve the right to suspend the profile.
-
If at any time you happen to edit the details which were provided or verified by
BYABSAI then the trust badge/verification seal will be removed forthwith.
-
For Social and Reference Badge entire details is provided by the member on their own
and
the same will be visible to the general public. Whereas BYABSAI will maintain
confidentiality of all copy of the documents provided by you in respect of Identity
/
Professional Badge and shall take all possible and /or bonafide steps for
maintaining
the confidentiality. The same will not be made visible to the others members.
However,
BYABSAI may divulge such information if required by law or to law enforcement
agencies or courts without any intimation to you.
-
If BYABSAI has reason to believe that the proof provided by you is suspicious, then
BYABSAI reserves the right to remove the authentication seal or suspend, remove,
delete the profile at its own discretion.
-
Issuance of Verified or Trust Badge would depend upon your willingness to provide
copy
of the documents or references or tagging of social media accounts
21) Mode of Payment
-
Payment made by cash / cheque / Net Banking / Debit / Credit Card would be in
accordance
with the prevailing RBI guidelines. Activation of paid BYABSAI service shall be
subject to realization of the said payment. In case of dishonor of Cheque/demand
draft;
you shall be liable to pay applicable bank's cheque/DD bouncing charges. Further
BYABSAI service to your account will be deactivated / suspended until you settle
the
value of the payment and applicable bank charges in cash.
-
BYABSAI uses third party payment gateways for collection of credit/debit card or
other payment instruments. In case of payment gateway failure the same would be
communicated to the BYABSAI member by the payment gateway provider. BYABSAI shall
not be responsible for Extra currency/conversion charges/deductions/error issues
from
payment gateway. In the case of failed online transactions, which result in no
services,
BYABSAI offers no guarantees whatsoever for the accuracy or timeliness of the
refunds
reaching the Customers card/bank accounts through the payment gateway.
-
You agree to provide us with your Permanent Account Number / Form 60/61 of the
Income
Tax Act, 1961 and rules thereunder in the event you choose any paid package of
BYABSAI, the value of such paid package being Rs.2,00,000/- [Rupees Two Lakh Only]
and above from BYABSAI.
22) Renewal
-
The payments made by BYABSAI member to BYABSAI by way of registration / membership
/ renewal fee / auto renewal is /are treated as non-refundable. Payment once made
for
BYABSAI services cannot be assigned to any person/party or adjusted towards any
other
product or packages provided by the Company. Members of the BYABSAI package agree
that the package shall be "auto-renewed" for the duration and at the cost prevailing
at
that point of time. The
maximum tenure of any packages will be 12 (Twelve) months and post the said
period,
the said packages will be renewed. However the member(s) can cancel
the
subscription by following the process of cancellation as mentioned in the
website/app or
the member(s) had informed the company that he is not willing to renew it.
23) Your Mobile network
-
You acknowledge that the terms of agreement with your respective mobile network
provider
('Mobile Provider') will continue to apply when using the app. As a result, you may
be
charged by the Mobile Provider for access to network connection services for the
duration of the connection while accessing the app or any such third party charges
as
may arise. You accept responsibility for any such charges that arise.
-
This app is available to handheld mobile devices running Android Operating System /
Apple Operating System. We will use reasonable efforts to make the app available at
all
times. However you acknowledge the app is provided over the internet and mobile
networks
and so the quality and availability of the app may be affected by factors outside
our
reasonable control. We reserve the right to add/delete/alter/modify/suspend any or
all
the Services at any time as it may deem fit, without notice.
-
It is our discretion to update/maintain our app or to remove any features from our
app
as we may think fit. We are not liable to you for any damage or alteration to your
equipment including but not limited to computer equipment, handheld device or mobile
telephones
-
as a result of the installation or use of the app. We are not liable to you for any
damage or alteration to your equipment including but not limited to computer
equipment,
handheld device or mobile telephones as a result of the installation or use of the
app.