Terms of Use

By access and use of www.optonpay.com (the “Website”), the visitor or the user of the Website (“User” or grammatical variations thereof) accepts and agrees to be bound by and to comply with (i) these Terms of Use (“Terms”) and (ii) the Privacy Policy available on the Website. By using the Website, the User expressly represents that he/she/it has read and understood these Terms and agrees to be bound by these Terms. Furthermore, by using the Website, the User expressly represents that (a) he/she/it has the capacity to be bound by these Terms; (b) if he/she/it is acting on behalf of a company or other entity or any other person, then he/she/it has the relevant authority to bind such company or entity or other person; and (c) he/she/it will not violate any rights of OPTONPAY SOLUTIONS PRIVATE LIMITED and/or its affiliates, including intellectual property rights such as copyright or trademark rights.

General Terms

The information, material and content provided on the Website (“Information”) may be changed at any time without prior notice. Although the Information provided on the Website is believed to be reliable when posted, there is no guarantee that it is accurate or complete or current at all times. The Website is a resource for informational purposes only and is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. OPTONPAY does not warrant that the information contained on the Website is accurate or complete, and hereby disclaims any and all liability to the User or any other person for any loss or damage caused by errors or omissions, regardless of whether such errors or omissions result from negligence, accident or any other cause. Further, OPTONPAY assumes no liability for the interpretation and/or use of the Information contained on the Website nor does it offer a warranty of any kind, either expressly or impliedly. Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. No Information at the Website shall constitute an invitation to invest in or avail any products offered by OPTONPAY or any of its affiliates. Any use of the Website or the Information it contains is at sole risk of the User. Neither OPTONPAY, its affiliates nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, or use of, the Website or the Information or any other website linked to the Website. Any links from the Website to other websites shall not be considered as referrals to, endorsements of, or affiliations with the linked entities. OPTONPAY shall not responsible for and makes no representations or warranties in relation to the contents of the websites to which links may be provided on the Website. No material may be modified, edited or taken out of context such that its use creates a false or misleading statement or impression as to the position, statements or actions of OPTONPAY and/or its affiliates. OPTONPAY reserves the right to add, alter, modify, change or vary all or any of these Terms, at any time, without previous notice. OPTONPAY may suspend the operation of the Website for support or maintenance work, in order to update the content or for any other reason. OPTONPAY causes the control and maintenance of the Website from India. OPTONPAY makes no representations that the information and material contained in the Website are appropriate or permitted for use in jurisdictions outside India. The Users should make themselves aware of the laws of their respective country or those applicable to them in relation to any of the matters described in these pages. If the User chooses to access the Website then it shall be deemed to be done on his/her/its own initiative and he/she/it shall be held responsible for compliance with applicable local, national or international laws. The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Information or intellectual property obtained from the Website in any manner whatsoever. Limited reproduction and copying of some of the content of the Website is permitted for the User unless otherwise prohibited by OPTONPAY. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is strictly prohibited. The User represents and warrants that the User shall use the Website in compliance with these Terms and the applicable laws and to comply with all existing and future policies and rules applicable to the Website. In the event the User has any grievance in relation to any Information uploaded on the Website or with respect to processing of Information or the use of Website, the User may contact our Grievance Officer (whose details have been published on the Website) or write to us at the address provided on the Website. The Grievance Officer shall endeavor to redress the grievances within reasonable time in accordance with the applicable law.

Intellectual Properties

The content of the Website and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by OPTONPAY and/or its licensors and are protected by applicable Indian intellectual property law. The User acknowledges, understands and agrees that he/she/it shall not have, nor be entitled to claim, any rights in and to the content of the Website and/or any portion thereof. OPTONPAY may provide the User with content including information, sound, photographs, graphics, video or other material through the Website. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by OPTONPAY and shall not copy, transmit or create derivative works of such material without express authorization from OPTONPAY. The User acknowledges and agrees that he/she/it shall not upload, post, reproduce distribute or modify any content on or through the Website that is protected by copyright or other proprietary right of OPTONPAY or any third party, without obtaining the permission of the owner of such right. Any unauthorized use of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

No Warranties

OPTONPAY and its affiliates, employees, agents and authorized representatives provide the Website and the Information on an “as is” and “where is” basis and do not make any express or implied warranties, representations, endorsements or conditions with respect to the Website or the Information, including without limitation, warranties as to the non-infringement, usefulness, completeness, accuracy, correctness, reliability and fitness for a particular purpose. Further, OPTONPAY does not represent or warrant that: (i) the Website will be available or will meet the User(s) requirements; (ii) the access will be uninterrupted; (iii) there will be no delays, failures, errors or omissions or loss of transmitted information; (iv) no viruses or other contaminating or destructive properties will be transmitted; or (v) no damage will occur to User’s computer system. The User has the sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

No Liability

OPTONPAY is not responsible for and will not be liable to the User or anyone else for any damages or other amounts whatsoever (including but not limited to direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with User’s use of or inability to use the Website or the Information contained therein, or any action taken or decision made by User or any other person in reliance on the Website or the Information contained therein, or any unauthorized use or reproduction of the Website or the Information therein, even if OPTONPAY has been advised of the possibility of these damages. The User understands that the Website is used by him/her/it solely at his/her/its own risk, cost and liability. The User agrees to indemnify, defend and hold harmless OPTONPAY, its affiliates, group companies and their directors, officers, employees, agents, third party service providers, and any other third party providing any service to OPTONPAY (hereinafter collectively referred to as the “Indemnified Parties”), from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arises out of, results from, or may be payable by virtue of, use of the Website and/or the Information by the User or any breach or non-performance of any of these Terms.

Relationship

None of the provisions of these Terms or the right to use the Website by the User or any other contents of the Website, shall be deemed to constitute a partnership between the User and OPTONPAY and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

Termination

The User hereby agrees and acknowledges that OPTONPAY may, with or without any reason, immediately terminate his/her/its access to the Website without prior notice. Without limiting the foregoing, OPTONPAY may terminate or temporarily suspend the User’s access to the Website if the User (a) breaches or violates these Terms, (b) there is a request by law enforcement or other government agencies, or (c) in case of unexpected technical issues or problems. The User hereby agrees and acknowledges that any termination of access to the Website shall be made at the sole discretion of OPTONPAY, and that OPTONPAY shall not be liable in any manner whatsoever to either the User or any third-party for such termination of access to the Website.

Governing Law and Jurisdiction

The Terms are governed by and shall be interpreted in accordance with the laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. In the event of any dispute arising between OPTONPAY on one hand and the User and/or any third party on the other hand, in relation to these Terms or use of the Website or the Information, whether in contract or tort or otherwise, such User and/or third party hereby agree to submit to the jurisdiction of the courts located at Kolkata, India for the resolution of all such disputes. OPTONPAY reserves the right to seek all remedies available at law and in equity for violations of these Terms by the User.