Effective Date: 12th of December, 2020
These terms and conditions are divided into 2 (two) parts (collectively, “Terms”). Part A contains the terms and conditions which govern general use of the Website (as defined below) offered by RRS CONSULTANCY SERVICES (as defined below). Part B contains specific terms and conditions that govern the use of Services to the extent such Services are availed by the User (as defined below). The general terms and conditions as provided under Part A (“General Terms”) shall be read and understood in conjunction with the terms and conditions as provided under Part B (“Services Specific Terms”).
(General Terms & Conditions)
These General Terms govern the User’s access of the weblink: https://engineering-help.com by the name of “RRS CONSULTANCY SERVICES, and use of the Services (as defined below) provided to the User (as defined below) by RRS CONSULTANCY SERVICES (RRS CONSULTANCY SERVICES”, “Company”, “We”, “Our” and “Us” as the context may require). These Terms shall be read in conjunction with:
(General Terms & Conditions)
For the purpose of these Terms and the Services Specific Terms, the following words and phrases shall have the meaning assigned to them under this Article.
means and includes services as collectively provided by RRS CONSULTANCY SERVICES pertaining to the following Products (collectively referred to as the “Services”):
· Integrated Payment Gateway;
· ONLINE TUTROING;
· SOFTWARE CONSULTANCY;
· ENGINEERING SERVICES;
· Any other product/service offered by RRS CONSULTANCY SERVICES, from time to time.
· Service Provider
means a bank, association, company, partnership or any such facility provider whose facilities or services are utilized in the provision of these Services to Users through the Website.
shall mean and include any natural person or legal person (partnership firm, company, LLPs, trusts or HUFs) who/which is boarded on the Company’s platform using the Website, and transacts or avails of the Services through this Website. The same shall also cover such personnel of any User who are authorized to avail of the Services on behalf of the User with full rights or limited rights login.
The User shall be responsible for maintaining the confidentiality of the username, password and any other information pertaining to the account for restricting and preventing unauthorized access to the account. The User shall be solely responsible for all activities that occur under the User’s account.
The User can access and update account details on the Website. Further, the User shall ensure that the account details provided and/or updated are correct and complete at all times. RRS CONSULTANCY SERVICES reserves the right to refuse access to the Services, terminate accounts, remove or edit content at any time without notice to the User concerned.
RRS CONSULTANCY SERVICES will endeavor to ensure that access to and availability of the Services remains uninterrupted and error free. However, access to the application may occasionally be suspended or restricted to allow for repairs, maintenance, or for the introduction of new facilities and Services and in such cases RRS CONSULTANCY SERVICES shall not be liable for any disruption of any Services.
Obligations and Rights
· The User shall not carry out any activity, which is banned, illegal or immoral.
· The User shall not use the Services in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation, or which may cause RRS CONSULTANCY SERVICES to be subject to investigation, prosecution or legal action, including trading in contraband items or providing services or activities online prohibited by applicable laws.
· The User shall act in compliance with all laws, rules and regulations and shall at all times comply with the guidelines set by any and all Service Provider.
· The User shall not sell, provide, exchange, or otherwise disclose to third parties or use themselves (other than for the purpose of completing a transaction, or as specifically required by law) any personal information about any third party, including the account details and mobile number, without obtaining the prior written consent of such third party.
· The User shall take all precautions as may be feasible or as may be directed by RRS CONSULTANCY SERVICES to ensure that there is no breach of security and that the integrity of the link between their systems, the Website and the payment mechanism is maintained at all times. In the event of any loss being caused as a result of the link being breached or as a consequence of the link being improper or being in violation of the provisions of this clause, the loss shall be to the account of the User and the User shall indemnify and keep RRS CONSULTANCY SERVICES and the Service Providers indemnified from any loss as may be caused in this regard.
· The User shall bear and be responsible for the payment of all relevant taxes (including any applicable withholding taxes) as may be due.
· A User shall inform RRS CONSULTANCY SERVICES of any change in its email address, mobile number, address, ownership or legal status or his cessation of business in writing at least 30 (thirty) Business Days in advance of such change.
RRS CONSULTANCY SERVICES
· The User acknowledges and agrees that the specific transaction risks shall be governed by the terms and conditions between the User and the Service Provider.
· RRS CONSULTANCY SERVICES shall be responsible for Services directly provided to the User and these Terms shall govern delivery and completion of the Services.
· The User acknowledges that RRS CONSULTANCY SERVICES does not provide any banking services regulated by the RBI.
Subject to the provisions stated herein and as specified by RRS CONSULTANCY SERVICES from time to time, the User will not hold RRS CONSULTANCY SERVICES liable in case of any improper/ fraudulent/unauthorized/ duplicate/erroneous use of his mobile and/or the web-based access. RRS CONSULTANCY SERVICES will also not be liable for any consequences connected with the use/ misuse of User's mobile/ e-mail account by any third party. If any third parties gain access to the Services, the User will be responsible and shall indemnify RRS CONSULTANCY SERVICES against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use, or otherwise.
The User shall be fully and solely liable for: (a) any unauthorised use of his mobile/ email account; and/or (b) all authorised transactions on his mobile/email account.
Use The Services at Your Own Risk
We reserve the right to refuse any Service to anyone for any reason at any time. The User understands that its content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit the Services or any portion of the Services, without express written permission from RRS CONSULTANCY SERVICES.
If we receive a complaint from any person against the User with respect to the User’s activities as part of use of the Services, RRS CONSULTANCY SERVICES will forward the complaint to the primary email address of the User’s account. The User must respond to the complainant directly within 7 (seven) days] of receiving the complaint as forwarded by RRS CONSULTANCY SERVICES and copy RRS CONSULTANCY SERVICES in the communication. If the User does not respond to the complainant within 7 (seven) days] from the date of RRS CONSULTANCY SERVICES’s email to the User, we may at our sole discretion opt to disclose the User’s name and contact information to the complainant for enabling the complainant to take legal action against the User. The User understands that its failure to respond to the forwarded complaint within the 7 (seven) days’ time limit will be construed as the User’s consent to disclosure of the User’s name and contact information by RRS CONSULTANCY SERVICES to the complainant.
Inactive User Policy
RRS CONSULTANCY SERVICES reserves the right to suspend or terminate User accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such User account will be deleted. We will provide the User prior notice of such termination and option to back-up the User’s data. The data deletion policy may be implemented with respect to any or all of the Services.
We respect the User’s right to ownership of content created or stored by them. The User owns the content created or stored by them. Unless specifically permitted by the User, the use of the Services does not grant RRS CONSULTANCY SERVICES the license to use, reproduce, adapt, modify, publish or distribute the content created and/or stored in the User account for RRS CONSULTANCY SERVICES’s commercial, marketing or any similar purpose. But the User grants RRS CONSULTANCY SERVICES permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of the User account solely as required for the purpose of providing the Services.
User Generated Content
The User may transmit or publish content created by using any of the Services or otherwise. However, the User shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. The User(s) is/are responsible for ensuring that the private content is not accidentally made publicly available. Any content that the User may receive from other Users of the Services, is provided to the User ‘AS IS’ for their information and personal use only and thus agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if the User comes across any content with copyright notice(s) or any copy protection feature(s), User agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services, the User affirms that the User has the consented, authorized or provided permissions, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, the User expressly agrees that RRS CONSULTANCY SERVICES will have the right to block access to or remove such content made available by such User if RRS CONSULTANCY SERVICES receives complaints concerning any illegality or infringement of third-party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, the User expressly consents to determination of questions of illegality or infringement of third-party rights in such content by the agent designated by RRS CONSULTANCY SERVICES for this purpose.
Sample Files and Applications
RRS CONSULTANCY SERVICES may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. RRS CONSULTANCY SERVICES makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
We are not responsible if information made available on the Website is not accurate, complete or correct. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at the User’s own risk. The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for the User’s reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on Our Website. The User agrees that it is the User’s responsibility to monitor changes on Our Website.
Disclaimer of Warranties
The User expressly understands and agrees that the use of the Services is at their sole risk. The Services are provided on an as-is-and-as-available basis. RRS CONSULTANCY SERVICES expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. RRS CONSULTANCY SERVICES makes no warranty that the Services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the Services shall be at the User’s own discretion and risk and they will be solely responsible for any damage to their computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, has been or will be obtained by the User from RRS CONSULTANCY SERVICES, its employees or representatives shall not create any warranty not expressly stated in these terms.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the Arbitration and Conciliation (Amendment) Act, 2019 and the rules of the Conciliation and Arbitration Centre, Mumbai. The seat of arbitration shall be at Mumbai.
Suspension and Termination
In the event that User breaches these Terms or in the event that any other user or a third party reports violation of any of its rights as a result of the User’s use of the Services, RRS CONSULTANCY SERVICES reserves the right, to suspend or terminate such User’s access to any or all of the Services with or without notice, and to exercise any other remedy available under applicable law. Separate suspension and termination provisions will be applicable to each of the Services as per Services Specific Terms (as applicable).
RRS CONSULTANCY SERVICES shall have the right to indefinitely suspend or block access to the User’s account on the application and/or Website and refuse to provide the User access to the application and/or Website if:
· If the User engages in or is suspected of engaging in any illegal, fraudulent or abusive activity; or
· If the User provides any information that is untrue, inaccurate, not current or incomplete in any respect or RRS CONSULTANCY SERVICES has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms.
The User shall keep the Company indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against the Company by another User/ Service Provider/ third party for reasons including, but not limited (i) a breach, non-performance, non-compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made by him; (iii) any acts, errors, misrepresentations, willful misconduct or negligence of the User, or his employees, subcontractors and agents in performance of their obligations under these Terms.
The User shall comply with all such terms and conditions as the Company or any Service Provider may prescribe from time to time with regard to the Services.
The User agrees not to disclose or attempt to use or personally benefit from any non-public information that he may learn on the Website or through the Services. This obligation shall continue until such time as the non-public information has become publicly known through any action of the User. If the User is compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, the User agrees to promptly and diligently notify RRS CONSULTANCY SERVICES and cooperate fully with RRS CONSULTANCY SERVICES in protecting such information to the extent possible under applicable law.
RRS CONSULTANCY SERVICES may access, preserve and disclose any of User’s information if required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against RRS CONSULTANCY SERVICES or to comply with legal process, (ii) for fraud prevention, risk assessment, investigation, User support, product development and de-bugging purposes, or (iii) protect the rights, property or safety of RRS CONSULTANCY SERVICES, its Users or members of the public.
Limitation of Liability
The User acknowledges and agrees that, to the maximum extent permitted by law, the entire risk arising out of the User’s access of and use of the Website and Services, remains with themselves. Neither RRS CONSULTANCY SERVICES nor any Service Provider involved in providing or delivering the Services will be liable for any direct, incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, loss of monies pursuant to any of the Services, computer damage or system failure or the cost of substitute services, or in connection with these terms, as a result of the User’s use of the Website or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not RRS CONSULTANCY SERVICES has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. A separate limitation over liability shall be applicable to each of the Services.
· RRS CONSULTANCY SERVICES may, if required by law, change any fee or charge or institute new fees or charges. The User agrees to pay all fees and charges so levied provided there is an intimation of the fees prior to the change.
· RRS CONSULTANCY SERVICES shall not make any refunds of any amounts other than as agreed by these Terms.
· RRS CONSULTANCY SERVICES reserves the right to vary any of the general Terms and/or Service Specific Terms contained herein by posting the revised terms on RRS CONSULTANCY SERVICES's Website without notice to the User.
· The User hereby accepts that he may, from time to time, receive from RRS CONSULTANCY SERVICES or its affiliates, communications such as service announcements, advertisements or administrative communications.
· All information provided by the User to RRS CONSULTANCY SERVICES shall be accurate, current and complete. User shall be solely responsible for the accuracy and correctness of all information provided by him. RRS CONSU