Terms & Conditions

  The information provided on this site includes, but is not limited to, the Facilities and Services (defined below) provided by mChek Incorporated and does not render any advice, certifications, guarantees or warranties on the content relating to the Facilities and Services, which mChek Incorporated makes available on this site.

1. Acceptance of Terms of Use for this Website

  1.1 mChek Incorporated, a company incorporated under the relevant laws of Cayman Islands (United Kingdom), with its registered office at P O Box 309 GT, Ugland House, South Church Street, George Town, Grand Cayman, Cayman Islands and with its principal office being in India at 102, Delphi, Wing-A, Hiranandani Business Park, Powai 400 076 Mumbai, India,  ("Company"), operates and maintains the mChek back-end system and provides managed commercial service for mChek to the Biller in a non-exclusive, interoperable, multi-issuer, multi-acquirer environment.
     
  1.2 The Company owns and maintains this website, which means the website presently maintained by the Company at www.mChek.com/signup, and includes the pages of the website and any applets, software and content contained in the Website ("Website") and offers you, user of the Website or the Registered User of the Website (collectively referred to as "You" or "Your"), access to and use of the Website and the opportunity to avail of the Facilities and Services displayed or offered on the Website on and subject to the Terms and Conditions set out below and elsewhere in the Website ("Terms and Conditions"). You must accept and agree to abide by the Terms and Conditions before accessing or using the Website or availing of any of the Facilities and Services offered on the Website.
     
  1.3 Please read the Terms and Conditions carefully. The access and use of the Website means that You agree to accept and abide by the Terms and Conditions. In case You do not agree to accept and abide by the Terms and Conditions, please do not access or use this Website or any pages thereof and please do not avail of any of the Facilities or Services offered on or through the Website.
     
  1.4 Please note that by clicking on "SUBMIT" it will be deemed that You have read and understood the Terms and Conditions and that You agree to accept and abide by the Terms and Conditions.
     
  1.5 The Company may in its discretion alter, add to or delete the Terms and Conditions from time to time without any prior notice. It is Your responsibility to ensure that periodically on every occasion that You access or use the Website or any Facility or Service displayed or offered on the Website that You return to this page and review the Terms and Conditions for any alterations, additions or deletions. Unless otherwise specified by the Company all alterations, additions and deletions shall take effect automatically and be binding on and from the day they are posted on the Website. By continuing to access or use the Website or any Facilities or Services offered on the Website, You will be deemed to have agreed to accept and be bound by such altered, added to or deleted Terms and Conditions. If You do not agree to the alterations, additions or deletions, You should discontinue accessing or using the Website or availing of any Facilities or Services on the Website (other than those which have already been availed of by You prior to such alterations, additions or deletions).

2. Definitions and Interpretations
In these Terms and Conditions, unless the context otherwise requires, the following words and phrases shall have the meanings assigned to them hereunder:

  2.1 "Bill" shall mean an account, invoice, statement or demand for payment (however described) of a Biller and payable by a Registered User which may be paid through the Website.
     
  2.2 "Biller" shall mean Airtel, or any other Mobile Carrier, as may be specified from time to time, which has agreed with the Company to participate in the Website so that Registered Users may arrange to pay their bills through the Website.
     
  2.3 "Customer" shall mean the participating Mobile Carriers, Merchants and other customers using mChek.
     
  2.4 "Credit Card" shall mean a current and valid credit or debit card in Your name, or which You are lawfully authorised by the Cardholder to use, and which is issued by any of the authorized Credit Card issuers.
     
  2.5 "Facility" shall mean any present and future product, Service or facility displayed or offered on or through the Website by the Company and includes the facility of making payments to the Biller for the use of the mChek payment mechanism.
     
  2.6 "mChek" shall mean a commercial technology for secure transactions using mobile phone SIMs, developed and owned by the Company.
     
  2.7 "mChek Customer Service" shall mean the customer service provided by the Company through call-centers or otherwise that may be contacted for help and assistance with regard to mChek or the Website.
     
  2.8 "mChek PIN" shall mean the Personal Identification Number of a Registered User to be used to facilitate the payment through this Website.
     
  2.9 "Merchant" shall mean the seller of goods or provider of services from whom a person buys goods or avails of services using the mChek payment mechanism.
     
  2.10 "Mobile Carrier" shall mean the mobile service provider on whose SIM mChek is enabled and who enables the mChek payment mechanism.
     
  2.11 "Nominated Financial Institution" shall mean the financial institution or credit provider nominated by a Registered User as the provider of funds or financial accommodation to enable a Bill payment to be transacted through the Service.
     
  2.12 "Registered User" shall mean any entity that visits the Website and who has registered himself with the Website, by following the five (5) step registration process and providing requisite information to the mChek Customer Service in response to their phone call. It further includes an entity, who has not entered into any transaction, in respect of the Services and Facilities offered on the Website but has registered himself with the Website. The term also includes Customers.
     
  2.13 "Service" shall mean the provision to enable a Registered User to make payments, towards any outstandings to a Biller, for the use of the mChek product mechanism.


3. Purpose
The Website primarily facilitates You to make payment of Bills raised by the Biller, for the services the Biller provides as the Mobile Carrier, to enable You to buy goods or avail of services through the use of the mChek payment mechanism. It also provides other Facilities like allowing You to introduce a friend to the Website, view the top deals on mChek, upgrade to mChek Pro etc.

4. Eligible Users

  4.1 In order to access and use the Website and avail of any Facility or Service You must be an individual of at least eighteen (18) years of age who can enter into legally binding contracts under applicable laws or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law.
     
  4.2 If You are under eighteen (18) years of age and intend to use the Website, You must obtain a parent/guardian's consent prior to using this Website.
     
  4.3 If You are using this Website on behalf of another person ("Authorising Person"); You must be authorised to:
   
4.3.1 use this Website; and
   
4.3.2 enter into the terms of use, on behalf of the Authorising Person.
     
  4.4 In case of a corporation, trust, association of persons or a firm, You must be authorised to agree to the Terms and Conditions and to access, use and avail of the Website and the Facilities. If You do not qualify, please do not access or use the Website or the Facility.

5. Access to the Service and Your Obligations

  5.1 The Website may be accessed through the web pages at URL www.mChek.com/signup
     
  5.2 The Company will use reasonable efforts to provide access to the Website twenty four (24) hours each day, seven (7) days per week. The Company will not be liable to You for interruptions to the Website. The Company will use reasonable efforts to publicise a disruption to the Website, if the Company becomes aware of a planned disruption.
     
  5.3 You must follow the instructions on how to access and use the Website on the web pages at URL www.mChek.com/signup or as otherwise advised by the Company from time to time.
     
  5.4 You may use the Website to pay a Bill by Credit Card at URL www.mChek.com/signup, if the Biller accepts payments via the Website.
     
  5.5 You agree that it is Your responsibility, not the Company's or the Biller's, to pay all Bills in a timely manner.
     
  5.6 You are responsible for correctly entering the mChek PIN. If the PIN is incorrect, it may result in Your Bill remaining unpaid. In that event, You will be responsible for any additional fees and charges levied by either Your Nominated Financial Institution, Credit Card issuer or the Biller.
     
  5.7 If You believe You have entered the incorrect PIN, contact the Company or the Biller via the "Contact Us" section of the Website [K&Co1].
     
  5.8 You agree that all information provided by You to the Company, to use the Website is correct to the best of Your knowledge at the time You supply it.
     
  5.9 You authorise the Biller to debit Your nominated Credit Card, based on the details of the Credit Card provided by You at the time of registration, for the settlement of Bills as selected by You. You also warrant that You are entitled to use the Credit Card for such payments.
     
  5.10 It is Your responsibility to ensure that sufficient credit is available on Your Credit Card to permit the payment of the Bill selected by You.
     
  5.11 Your Bill remains unpaid when a Credit Card payment initiated by You is declined by Your Nominated Financial Institution. In the event of a declined Credit Card payment, You will be responsible for any additional fees and charges levied by either Your Nominated Financial Institution or the Biller and You will remain responsible to pay Your Bill to the Biller.
     
  5.12 If You believe the Website transaction is incorrect, You must immediately contact the Company or the Biller via the "Contact Us" section of the Website. If You believe the Website transaction is unauthorised, immediately contact Your Credit Card issuer.
     
  5.13 If the Company or the Biller believes the Website transaction to be incorrect, unauthorised or fraudulent, the Company or the Biller can reverse the payment in the Website system. In such circumstances, Your Bill will remain payable to the Biller.


6. Your Charges

  6.1 The Company will not charge You for individual Bill payment transactions made through the Website. You may, however, incur charges:
   
6.1.1 As applicable by the Biller for mChek related service provision and any other charges as specified;
   
6.1.2 As applicable by Nominated Financial Institutions for service fees, as well as government duties, taxes and fees [K&Co2].


7. Registration Information and Secrecy

  7.1 Only limited access to the Website is available to non-registered visitors. Non-registered visitors may not be permitted to avail of the Facilities and Services provided by the Website. In order to obtain increased access to the Website and in order to avail of the Facilities and Services, You are required to register on the Website as a Registered User, following the five (5) step registration process and providing requisite information to the mChek Customer Service in response to their phone call.
     
  7.2 You agree :
   
7.2.1 To provide true, accurate, current and complete information about Yourself as prompted by the registration form on the Website, and to the mChek Customer Service when You receive the phone call
   
7.2.2 To, from time to time, maintain and update this information to keep it true, accurate, current and complete at all times.
     
  7.3 Subject to the other Terms and Conditions, upon registration as a Registered User the Website will register Your mChek registration PIN.
     
  7.4 You will be solely and absolutely responsible for maintaining the secrecy and confidentiality of Your PIN and You will be fully and absolutely responsible and liable for all transactions and activities that occur by the use of Your PIN including any unauthorised use or misuse of Your PIN. You will be responsible and liable if any third party gains access to the Website or any Facility and Service through the use of Your PIN, and You hereby agree to indemnify the Company and hold the Company harmless against any liability, costs, damages, claims, suits and proceedings based upon or relating to such unauthorised access and use.
     
  7.5 Without prejudice to the aforesaid, You agree to -
   
7.5.1 Immediately notify the Company or the Biller via e-mail and Registered Post AD, or through the Call Centre [K&Co3], of any suspected loss, theft, unauthorised usage of the PIN, any other breach of security, or any receipt by You of confirmation of a transaction, fund or securities transfer or other activity which You did not authorise; or any inaccurate information in Your account balances, securities positions or transaction history and
   
7.5.2 Ensure that You logout from Your account at the end of each session.
     
  7.6 Any transaction or activity pursuant to use of PIN shall be deemed to be Your transaction or activity and the Company shall have no obligation to verify the authenticity of any such transaction or activity. The Company shall not be responsible for any mistake or error made by You in keying in the PIN with respect to any facts or figures or otherwise.
     
  7.7 If You forget Your PIN, You can send a written request to the Company at the address provided on the Website giving _______details [K&Co4] satisfactory to the Company. On the Company being satisfied of Your identity (which satisfaction shall be entirely at the discretion of the Company), the Company shall send the new PIN to Your e-mail address registered with the Company. You shall be responsible for continuing to maintain this e-mail address. The Company shall not be liable if it declines to furnish the PIN by reason of it not being satisfied as to Your identity. For Your security reasons You must change this PIN as soon as it is received by You, and until then this PIN shall be deemed to be Your PIN and You will be responsible and liable for all transactions pursuant thereto. Upon generation of the new PIN, the Company shall discontinue the use of the old PIN. However, You shall be responsible and liable for all transactions that are carried out by the use of the old PIN, till the time of discontinuation of the old PIN.
     
  7.8 Not withstanding anything stated elsewhere in the Terms and Conditions, and despite correct use of Your PIN, the Company shall be entitled in its sole discretion (but shall not be bound) to seek offline and/or additional written or other confirmation from You of any instruction, transaction or activity as the Company may deem fit.
     
  7.9 In the event that the certifying authorities and other infrastructure contemplated under the relevant laws for the time being in force, for ensuring secure electronic records and secure digital signatures is notified by the concerned authorities and the infrastructure to enable the same is in place, the Company shall have the right to require You to communicate instructions and authorise and execute transactions and other activities by means of such secure electronic records and secure digital signatures in addition to, or in place of, the use of the PIN.


8. Transaction Processing

  8.1 Payment transactions will be processed by the Biller on the day the transaction is submitted for payment via the Website, unless the transaction is submitted on a weekend or non-working weekday. Transactions submitted on a weekend or non-working weekday will be processed on the next working weekday. It will be endeavoured by the Biller to process all transactions without delay, and the Company expressly disclaims any and all liability for any processing delays, or the consequences of any processing delays, which may occur in any circumstance, whether beyond the reasonable control of the Biller, or otherwise.
     
  8.2 You will be provided with a confirmation stating that the transaction is successful when the transaction is completed. You will also be provided with Your pre-paid balance at the end of each transaction.
     
  8.3 The use of the Website to transact a Bill payment and the processing by a Nominated Financial Institution of a transaction request by the Biller does not constitute final payment of a Bill. The Biller will process the payment promptly, but any arrangements with or action/inaction by Your Nominated Financial Institution which, for any reason, does not result in reimbursement to the Biller, will mean the Bill payment transaction is stopped or reversed.
     
  8.4 The Biller is entitled to refuse to process a Bill payment request at any time, or may require additional information from You, before the Biller processes the request.
     
  8.5 Processing of Credit Card transactions is subject to the terms and conditions set by the issuer of the Credit Card.


9. Security

  9.1 Not withstanding the Company's efforts to ensure that the Website system is secure, You acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. The Company cannot, and do not, warrant that data transfers utilising the Website, or electronic mail transmitted to and from the Company or the Biller, will not be monitored or read by others.
     
  9.2 The Company may issue instructions from time to time intended to ensure the security of the Website. You agree to comply with those instructions.
     
  9.3 The Company may, for security reasons require You to re-authenticate Yourself from time to time, for example after a period of inactivity on the connection between Your browser and the Website.
     
  9.4 The Company is not responsible for any information You may lose if the Company terminates Your browser session due to prolonged periods of inactivity between Your browser and the Website.
     
  9.5 You must comply with all directions issued by the Company relating to use of Your PIN as well as access to the Website. The Company is not responsible for providing the computer, hardware, software or any other equipment necessary to access the Internet. You must not send or disclose any part of Your PIN that is meant to be confidential to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it.
     
  9.6 If You choose to use a workplace email address to access the Website, You are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in Your workplace. You must not keep Your PIN in a location where it is capable of being copied or used by any other person or disclose Your ID or password to any other person, other than:
   
9.6.1 Another person authorised by You to access and use the Website on Your behalf; or
   
9.6.2 Another person authorised by the Authorising Person to access and use the Company on their behalf, in each case provided that the other person, being the authorised person, agrees to be bound by the terms of use.
     
  9.7 The Company is entitled to rely on Your PIN as evidence of Your identity and authority for the purposes of the Website. Other than by reference to a Registered User's PIN, the Company cannot and does not verify that each user who accesses the Website is in fact the Registered User they say they are, or acts with the authority of the Registered User whose PIN they use.
     
  9.8 You must immediately notify the Company if You become aware:
   
9.8.1 That Your PIN has been compromised or is known by a third party (other than by an Authorised Person); or
   
9.8.2 Of any unauthorised use of Your PIN.
     
  9.9 In the event that You notify the Company of either of these things, the Company will take reasonable steps to deactivate the PIN and issue You with a new PIN within a reasonable time of being so notified. Notice provided by You under this clause does not release You from Your responsibilities under the terms of use.
     
  9.10 The Company will take reasonable steps to secure the Website and the systems in our control that are used to access the Website. However, the Internet is sometimes unreliable and is a difficult medium to secure. The Company does not guarantee the security of the Website or the systems (including the Internet and Your hardware and software) used to access the Website, or any information that passes through such systems.


10. Disclaimer

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPRESSLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, FACILITIES, SERVICES AND CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. THE COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY WITH REGARD TO ANY AND ALL ASPECTS OF THE WEBSITE. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUSTAINABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.

THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE (c) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM THE COMPUTER VIRUSES.

11. Indemnity
You agree to defend, indemnify and hold the Company, its directors, officers, employees, affiliates and partners harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys' fees, arising in any way from Your use of the Website, Your violation of the terms, Your violation of any rights of another or the placement or transmission of any message, information, software or other materials through the Website by You or users of Your PIN or related to any violation of the Terms and Conditions by You or users of Your PIN, and any claims dispute or differences between You and the Biller.


12. Confidentiality

  12.1 You may obtain direct access via the Website, certain confidential information, including without limitation, technical, contractual, product, pricing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold all Confidential Information in strict confidence. Title to Confidential Information remains with the Company.
     
  12.2 Your obligations regarding Confidential Information expire years after the date of disclosure. Upon termination of the terms or the Company's written request, You must cease use of the Confidential Information and return or destroy it.
     
  12.3 The terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from the Company, without any obligation to maintain its confidentiality; (b) is or otherwise generally known to the public through no act or omission by You, or otherwise without violation of the terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these terms and as disclosed after prior notice to the Company adequate to afford the Company the opportunity to object to the disclosure.


13. Limitation of Liability

  13.1 TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY IS NOT LAIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF THE COMPANY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORSEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COSTS TOWARDS THE PAYMENT OF THE BILL TO THE BILLER OR USE OF OTHER FACILITIES PROVIDED BY THE WEBSITE ;(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOUR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY USE, MODIFY OR DISTRIBUTE.
     
  13.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.


14. Proprietary and Intellectual Property Rights
The Company is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website including but not limited to any text, images, illustrations, audio clips, video clips and screens appearing on the Website. All rights on the Website are reserved and You may not download and/or save a copy of the Website or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means - electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of the Company (except as otherwise provided on the Website or in the Terms and Conditions for any purpose) or use it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits the Company or the Biller. However, You may print a copy of the information on this Site for Your personal use or records. This Website is for Your personal use. If You make other use of this Website, except as otherwise provided above, You may violate copyright and other laws of India and other countries, and may be subject to penalties. The Company and the Biller do not grant any license or other authorization or user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Website.


15. Links to Other Websites
This Website may contain hyperlinks to websites operated by parties other than the Company. The inclusion of hyperlinks to such websites does not imply the Company's certification or endorsement of such websites nor any association with their operators. The Company or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the content of such other services or websites to which links are provided. A link to another service or website is not an endorsement of any products or services on such website. You shall be solely responsible for any or all the consequences that arise out of Your use of such hyperlinks to websites.


16. Termination

  16.1 These terms remain in effect until Your use of the Website is terminated by the Company.
     
  16.2 Termination of Your use of, or participation in the Website, shall not relieve You of any responsibility to pay outstanding fees or charges or other liabilities incurred prior to the date of termination. After termination, You cannot make further use of the Website and You must make alternative payment arrangements for unpaid Bills.
     
  16.3 Termination by the Company/Website: You acknowledge and agree that the Company may, without notice, suspend or terminate Your PIN or account or deny You access to all or part of the Website or any Facilities or Services without prior notice if You engage in any conduct or activities that the Company in its sole discretion believes violate any of the Terms and Conditions, violate the rights of the Company, or is otherwise inappropriate for continued access, or if the Company learns of Your death, bankruptcy or lack of legal capacity or of circumstances which impact Your credit worthiness (which shall be determined at the sole discretion of the Company) or for any other reason which the Company thinks fit and proper.
     
  16.4 Termination by You: You may request for termination of Your account or PIN with regard to the Website at any time by giving a written notice of at least ___ days to the Company. The termination shall take effect on the completion of the _____ day from the date of receipt of the notice by the Company. Provided however that You will remain responsible for any transactions entered into by You and all obligations incurred by You until the time of such termination.


17. Governing Law & Jurisdiction [K&Co5;]

  17.1 The Website, the Terms and Conditions, all transactions entered into on or through the Website and the relationship between You and the Company shall be governed by and construed in accordance with the laws of ______and no other nation, without regard to the laws relating to conflicts of law.
     
  17.2 Transactions shall be subject to all applicable laws including notifications, rules, bye-laws, regulations, procedures and guidelines issued by the Government of ________, and the rules thereunder, the stock exchanges and other authorities.
     
  17.3 You and the Company agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website, the Terms and Conditions, any transactions entered into on or through the Website or the relationship between You and the Company shall be subject to the exclusive jurisdiction of the competent courts located in the city of ________ and You hereby accede to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if the Company so thinks fit the Company may institute proceedings against You in any other court or tribunal having jurisdiction.
     
  17.4 The Company accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of ______. The mere fact that the Website can be accessed or used or any facility can be availed of in a country other than _______would not mean that the laws of such country would be applicable.


18. Miscellaneous

  18.1 "Your Authorities: You agree that You will supply the Company, upon request, with all information the Company may reasonably require in order to enable it to provide the Facilities and the Services of the Website to You, and authorise the Company to obtain from and provide to the Biller and Nominated Financial Institutions, and other third parties, such information as the Company may reasonably require for the purpose of providing such Facilities and Services. You authorise the exchange of such information with those persons.
     
  18.2 Notices: The Company may give any notice or other type of communication to You by ordinary mail or email to the last address notified to the mChek Customer Service by You. Any notice given by the Company shall be deemed given ____ business days after dispatch of such mail or sending of such email as the case may be.
     
  18.3 Assignment: You are not permitted without the Company''s prior written consent to assign or transfer any of Your rights, duties or obligations under these terms. The Company may assign its obligations under these terms to any related or successor corporation of the Company. The Company may also assign or subcontract certain of its rights or responsibilities to independent contractors or other third parties at its discretion.
     
  18.4 Sub-Contracting: The Company may sub-contract or employ agents to carry out any functions or services relating to the Website or any of its obligations under the Terms and Conditions.
     
  18.5 Waiver: The Company shall not be deemed to have waived any of its rights or remedies under these terms unless such waiver is in writing and signed by one of its authorised officers. No delay or omission on the Company's part in exercising any rights or remedies shall operate as a waiver of such rights or remedies.
     
  18.6 Agency: The Terms and Conditions and Your use of or access to the Website or any Facilities or Services are not intended to create an agency, partnership, joint-venture or employer-employee relationship between You and the Website, the Company or the Biller, except where otherwise specifically agreed or appointed.
     
  18.7 Obligation For Maintenance: The Company has no obligation to monitor the functioning of the Website. However, You acknowledge and agree that the Company has the right to monitor the functioning of the Website electronically or otherwise from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly or to protect itself or the Biller or the Registered Users. The Company will not intentionally monitor or disclose any private electronic-mail message to any third party unless required by law. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the Terms and Conditions.
     
  18.8 Headings: The clause headings in the Terms and Conditions are only for convenience and do not affect the meaning of any provision and shall not be taken into account in interpreting or limiting the scope of the provisions of the Terms and the Conditions.
     
  18.9 Entire Agreement: These terms constitute the entire agreement and understanding between You and the Company and supersede any and all prior communications, representations, agreements or understandings between You and the Company with respect to the subject matter of these terms. The information and statements contained elsewhere in the Company's Website do not form part of these terms and shall not be relied upon by You.
     
  18.10 General information: The Company may from time to time send by e-mail or otherwise, information relating to the Facilities and Services offered by it or any other entities, general information related to mChek and other services to You.
     
  18.11 Internet: You must at Your own cost: (a) provide for Your own access to the World Wide Web and pay any service fees, telephone charges and online service usage associated with such access, and (b) provide all equipment necessary for You to make such connection to the World Wide Web, including a computer and modem.
     
  18.12 Browser Limitations: The content presented at the Website may vary depending upon Your browser limitations.

 
     
 
 
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