Terms Of Use

Last updated September 09, 2022

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your”) and Network People Services Technologies Ltd. [(NPST) (“we,” “us” or “our”)] a company incorporated under the laws of India, having its registered address at Office No. 427/428/429, A-wing, NSIL, Lodha Supremus II, Near New Passport office, Road no.22, Wagle Industrial Area, Thane (W) – 400604, Maharashtra, India, concerning your access to and use of “TimePay” Mobile App and websites www.npstx.com, www.timepayonline.com, www.servesevakendra.com , and www.serveseva.in. You agree that by accessing our services, you have read, understand, and agreed to be bound by following ‘Combined Terms of Use’-

General Terms of Use defined herein
Privacy Policy
Terms of Use-TimePay UPI
Terms of Use -TimePay Smart Society

IF YOU DO NOT AGREE WITH ABOVE MENTIONED ‘COMBINED TERMS OF USE’, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR MOBILE APP AND WEBSITES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on our Websites or Mobile App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these ‘Combined Terms of Use’at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these ‘Combined Terms of Use’, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these ‘Combined Terms of Use’to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of our Websites or Mobile App after the date such revised Terms of Use are posted.

In the event of a conflict between these ‘Combined Terms of Use’and any other terms governing the relation between the parties, these ‘Combined Terms of Use’shall prevail.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Eligibility to use the services

Our services are available only to persons who are competent to enter into a legally binding contract under the Indian Contract Act, 1872. Persons who are incompetent to enter into a contract under the Indian Contract Act,1872, including un-discharged solvents, minors (under the age of 18 years), etc. are not eligible for the services provided under our Websites or Mobile App and hence shall not register as user or transact on our Websites or Mobile App.

Any person using the Services and/or the Indirect Services on behalf of a proprietor/ partnership/ firm/ company, represents and warrants that it is duly authorized to accept these Terms of Use and the Policies by the User and that such person has the authority to bind the User to these Terms of Use and the Policies.

INTRODUCTION

NPST is engaged in the business of providing Software and Mobility solution to banking and finance sector with key focus on Payments and Smart transaction solutions.

NPST has developed its own mobile app named as “TimePay”. “TimePay” is a payment suite layered with Merchant services, empowering digitization to home owners and small, medium, and large merchants.

NPST is also a citizen centric organization delivering services through Physical IT based infrastructure, Web based and Mobile based solution. NPST’s Serve Seva Kendra (SSK) network provides various aggregated services as per the citizens needs and delivers at their doorstep through appropriate service delivery channels.

USER REGISTRATION

To avail our services, you shall be required to register with us. You agree to keep your passcode confidential and will be responsible for all use of your account and passcode.

Pre-condition for User Registration:

TimePay” application should have been downloaded and installed,
An Android Mobile device,
At least one mobile SIM should be inserted in the mobile device,
The mobile number should be a registered mobile number with the mobile operator,
Internet connectivity should be enabled,
GPS on the user’s mobile device should be enabled.
Active Indian Bank account with debit card.

USER REPRESENTATION AND WARRANTY

By using our Websites or Mobile App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;(3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor ( below the age of 18); (5) You are not barred or otherwise legally prohibited from accessing or using our Websites or Mobile App under the laws of India (5) you will not access our Websites or Mobile App through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use our Websites or Mobile App for any illegal or unauthorized purpose; and (7) your use of our Websites or Mobile App will not violate any applicable laws or regulations. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of our Websites or Mobile App (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use our Websites or Mobile App for any purpose other than that for which we make the Mobile App and website available. Our Websites or Mobile App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of our Mobile App and websites, you agree not to:

Systematically retrieve data or other content from our Websites or Mobile App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us,
Make any unauthorized use of our Websites or Mobile App, including collecting user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses,
Circumvent, disable, or otherwise interfere with security-related features of our Websites or Mobile App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Websites or Mobile App and/or the Content contained therein,
Engage in unauthorized framing of or linking to the Site,
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords,
Make improper use of our support services or submit false reports of abuse or misconduct,
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools,
Interfere with, disrupt, or create an undue burden on the Mobile App or the networks or services connected to the Mobile App,
Attempt to impersonate another user or person or use the user name of another user,
Use any information obtained from our Websites or Mobile App in order to harass, abuse, or harm another person,
Sell or otherwise transfer your profile,
Use our Websites or Mobile App as part of any effort to compete with us or otherwise use our Websites or Mobile App and/or the Content for any revenue-generating endeavor or commercial enterprise,
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Websites or Mobile App,
Attempt to bypass any measures of our Websites or Mobile App designed to prevent or restrict access to our Websites or Mobile App, or any portion of our Websites or Mobile App,
Harass, annoy, intimidate, or threaten any of our employees or operators engaged in providing any portion of our Websites or Mobile App to you,
Delete the copyright or other proprietary rights notice from any Content,
Copy or adapt our software, including but not limited to Flash, PHP, HTML, JavaScript, or other code,
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Mobile App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Mobile App,
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware,” “Malware” or “passive collection mechanisms” or “pcms”),
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Mobile App, or using or launching any unauthorized script or other software,
Use our Websites or Mobile App in a manner inconsistent with any applicable laws or regulations.

PROHIBITED INFORMATION

You are not allowed to host, display, upload, modify, publish, transmit, update, or share certain prohibited categories of information (Prohibited Information) which are listed below:

Information which belongs to another person and you do not have any right.
Information which is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
Information which infringes any Patent, Trademark, Copyright, or other proprietary rights.
Information which deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
Information which impersonates another person.
Information which contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
Information which threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other Nation.

States, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other Nation.

COOKIES POLICY

A cookie is a piece of software code that an internet web site sends to your browser when you access information at that site. A cookie is stored as a simple text file on your computer or mobile device by a website’s server and only that server will be able to retrieve or read the contents of that cookie. Cookies let you navigate between pages efficiently as they store your preferences, and generally improve your experience of a website. We may use following types of cookies to enhance your experience and interactivity:

Analytics cookies for anonymously remembering your computer or mobile device when you visit our website to keep track of browsing patterns.
Service cookies for helping us to make our website work efficiently, remembering your registration and login details, settings preferences, and keeping track of the pages you view.
Non-persistent cookies or Per-session cookies. Per-session cookies serve technical purposes of providing seamless navigation. These cookies do not collect personal information on users and they are deleted as soon as you leave our website. The cookies do not permanently record data and they are not stored on your computer’s hard drive. The cookies are stored in memory and are only available during an active browser session. Again, once you close your browser, the cookie disappears.

You may note additionally that when you visit our Websites, you may be required to accept cookies. If you choose to have your browser refuse cookies, it is possible that our Websites may not function properly.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, our Websites or Mobile App are our proprietary property and all source code, databases, functionality, software, app designs, audio, video, text, photographs, and graphics on our Websites or Mobile App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us and are protected by copyright and trademark laws. The Content and the Marks are provided on our Websites or Mobile App “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of our Websites or Mobile App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use our Websites or Mobile App, you are granted a limited license to access and use our Websites or Mobile App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal. We reserve all rights not expressly granted to you in and to our Websites or Mobile App, the Content and the Marks.

FEEDBACK / REVIEWS

You acknowledge and agree that any questions, comments, suggestions, ideas, or other information (“Feedback/Reviews”) regarding our Websites or Mobile App provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Feedback/Reviews for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback/Reviews, and you hereby warrant that any such Feedback/Reviews are original with you or that you have the right to submit such Feedback/Reviews. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback/Reviews.

When posting a Feedback/Review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your Feedback/Reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your Feedback/Reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your Feedback/Reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative Feedback/Reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post Feedback/Reviews, whether positive or negative.

We may accept, reject, or remove Feedback/Reviews in our sole discretion. We have absolutely no obligation to screen Feedback/Reviews or to delete Feedback/Reviews, even if anyone considers Feedback/Reviews objectionable or inaccurate. Feedback/Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any Feedback/Reviews or for any claims, liabilities, or losses arising out of any Feedback/Reviews. By posting a Feedback/Reviews, you hereby grant to us a perpetual, non-exclusive, royalty-free, fully paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to Feedback/Reviews.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of our mobile app, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

MOBILE APP AND WEBSITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the website or Mobile app for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the website or mobile app or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the website or Mobile app in a manner designed to protect our rights and property and to facilitate the proper functioning of the website or Mobile app.

We care about data privacy and security. Please review our Privacy Policy at https://www.npstx.com. By using our Websites or Mobile App, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use our Websites or Mobile App. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our Websites or Mobile App (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in our Websites or Mobile App or delete any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of our Websites or Mobile App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Websites or Mobile App. We also reserve the right to modify or discontinue all or part of our Websites or Mobile App without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of our Websites or Mobile App.

We cannot guarantee our Websites or Mobile App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Websites or Mobile App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Websites or Mobile App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Websites or Mobile App during any downtime or discontinuance of our Websites or Mobile App.

CORRECTIONS

There may be information on our Websites or Mobile App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website or mobile app at any time, without prior notice.

DISCLAIMER

OUR MOBILE APP AND WEBSITES ARE PROVIDED ON AS-IS BASIS. YOU AGREE THAT YOUR USE OF OUR MOBILE APP OR WEBSITES AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IN CONNECTION WITH OUR MOBILE APP AND WEBSITES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR MOBILE APP AND WEBSITES’S CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR MOBILE APP OR WEBSITES, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MOBILE APP OR WEBSITES BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR MOBILE APP OR WEBSITES.

LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, partners or affiliates be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of our Websites or Mobile App or inability to use, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we have been advised of the possibility of such damages.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, Directors and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of our Websites or Mobile App; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; ( 4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of our Websites or Mobile App with whom you connected via our Websites or Mobile App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to our Websites or Mobile App for the purpose of managing the performance of our Websites or Mobile App, as well as data relating to your use of our Websites or Mobile App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Websites or Mobile App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

COMMUNICATIONS

By creating an Account with our Websites or Mobile App the user agrees that NPST on its own or third parties may send you informational and Promotional text messages (SMS), e-mail notifications or such other means of communication as part of the normal business operation of your use of the Services. We may send you text messages (SMS), e-mail notifications or such other means of communication to advertise our services or our third Party Provider’s Services, promote new products and services, to obtain your valuable feedback, send surveys to understand your experience with our Services and your needs and requirements. You may opt-out of receiving text (SMS) messages or e-mail notification from our Websites or Mobile App at any time by sending an email to contact@npstx.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages or e-mail notification may impact your use of the Services.

Chat or Communication Platform

You can send messages or chat via our Mobile app “TimePay”. You are responsible for any communication made by you with other Users. “TimePay” merely provides the platform for you and other Users to communicate with each other (Chat or Communication Platform) and is not responsible for any conversation between the Users. You must ensure that no illegal, unlawful or unauthorized communication is delivered through “TimePay”. You agree not to make any offers, promotions or advertisements to other Users directly through the Communication Platform. NPST reserves the right to suspend or terminate your use of “TimePay” Services, in whole or in part, in the event of any communication that is not in compliance with the NPST Policies or these Terms of Use. NPST reserves the right to collect, store, use, read your communications with intention to serve you better and to know your needs and requirements.

GOVERNING LAW

These Terms of Use and your use of our Websites or Mobile App are governed by and construed in accordance with the laws of India and courts in Mumbai, India only shall have jurisdiction over any dispute arising out of or relating to these Terms of Use, and each party hereby consents to the jurisdiction and venue of such courts.

DISPUTE RESOLUTION

Each of the Parties agrees that, if any dispute(s) or difference(s) shall arise between the Parties in connection with or arising out of these Terms of Use, the Parties shall attempt, for a period of 30 (thirty) days from the receipt of a notice from the other Party of the existence of a dispute(s), to settle such dispute(s) by mutual discussions between the Parties. If the said dispute(s) cannot be settled by mutual discussions within the thirty-days period provided above, either Party may refer the matter to a sole arbitrator to be mutually appointed in accordance with the Arbitration and Conciliation Act, 1996 and any amendments thereof. The arbitration proceedings shall be held under the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in English language at Mumbai. The courts at Mumbai shall have the exclusive jurisdiction over any disputes relating to the subject matter of these Terms of Use.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on our Websites or Mobile App or in respect to our Websites or Mobile App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of our Websites or Mobile App. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. NPST shall not be liable for its failure to perform under these Terms of Use as a result of any event of force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of our Websites or Mobile App.