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Additional Terms
1. Disclaimer

mChek makes no representation or warranty and assumes no obligation or liability regarding the availability or continued availability or operation of the payment platform, the Web Site, Card, computer or other telecommunication system or terminal (whether provided, operated or maintained by mChek or otherwise) and shall not be liable to you or to any person for any loss incurred or arising from any one or more of the following howsoever caused:

 1.1the cessation or interruption of any instruction or of the facilities;
 1.2the corruption or loss of any data (whether stored on the mobile or server or any other equipment) or system or instruction or in the course of transmission thereof through the mobile, an ATM, the internet, any computer or any electronic or telecommunication systems;
 1.3any errors generated in the transmission of data or instruction through any equipment or system used by mChek;
 1.4the failure of any telecommunication network, computer or other electronic or telecommunication systems or terminal or equipment to accept, recognize or process any instruction;
 1.5the failure or refusal of Merchants to accept or honor any instruction;
 1.6any defect, breakdown, failure or maintenance of any computer or other electronic or telecommunication systems or terminal or equipment used whether by mChek or any other person in the provision or operation of the telecommunication network; and
 1.7any inaccuracy or incompleteness in any information obtained from the use of any Card or account of mChek, and/or for any breach of mChek's obligations to the User caused by or arising from any of the foregoing events.

2. Indemnity

You shall indemnify and hold mChek harmless from and against any and all loss suffered or incurred by mChek as a result of any of the following:

 2.1any failure by you to comply with any of these terms and conditions;
 2.2mChek acting in accordance with your instructions; and
 2.3any breach by you of any of the representations, warranties or undertakings set forth herein.

3. Confidentiality

You may obtain 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 all Confidential Information shall remain with mChek. Your obligations regarding Confidential Information expire three (3) years after the date of disclosure. Upon termination of the terms or the mChek’s written request, you must stop using Confidential Information and immediately return or destroy it.

4. Limitation of Liability

To the full extent permitted by law, mChek is not liable 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 mChek Services, even if mChek has previously been advised of, or reasonably could have foreseen, 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 costs towards the payment of the bill to the Merchant or use mChek Services;(b)unauthorized access to or alteration of transmissions or data, malicious or criminal behaviour, or false or fraudulent transactions; or (c) content or information you may use, modify or distribute. To the extent that any jurisdiction does not allow the exclusion or limitation of direct or consequential damages, portions of the above limitation or exclusion may not apply.

5. Proprietary and Intellectual Property Rights

mChek is the owner and/or authorized user of all intellectual properties with respect to the mChek Services and mChek software. mChek grants you a personal, non-transferable and non-exclusive right and license to use mChek Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to access the payment system service provided by mChek by any means other than through the interface that is provided by mChek for use in accessing the mChek Services.

6. Termination

These terms and conditions remain in effect until your use of the mChek Services is discontinued by mChek.

In the event you discontinue use of the mChek Services, you shall not be relieved of any of your responsibilities to pay outstanding fees or charges or other liabilities incurred prior to the date of such discontinuation. Further, before you discontinue to use mChek Services, you must make alternative payment arrangements for any unpaid bills.

Suspension of mChek Services by mChek: You acknowledge and agree that mChek may, without notice, suspend mChek Services or your PIN or account without prior notice if you engage in any conduct or activities that mChek believes violate any of the terms and conditions, the rights of mChek, or if mChek learns of your death, bankruptcy or lack of legal capacity or of circumstances which impact your credit worthiness or for any other reason which mChek thinks fit and appropriate.

Suspension of mChek Services by You: You may discontinue the use of mChek Services at any time, provided however that you will remain fully responsible for any transactions entered into by you by use of mChek Services and all obligations incurred by you until its termination.

7. Force Majeure

The Bank shall not be liable to you for any loss or delay caused by or arising from any event, the occurrences of which is beyond mChek's reasonable control, including fire, earthquake, flood, lightning, riots, strikes, lockouts, government action, war, disruption of electrical or power supplies.

8. Governing Law & Jurisdiction

mChek Services, the terms and conditions, all transactions entered into using mChek Site shall be governed by and construed in accordance with the laws of India, without regard to the laws relating to conflicts of law. You and mChek agree that all claims, differences and disputes arising between you and mChek shall be subject to the exclusive jurisdiction of the competent courts located in India. Notwithstanding what is stated above, if mChek so thinks fit mChek may institute proceedings against you in any other court or tribunal having jurisdiction.

mChek accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the mChek Services can be availed of in a country other than India would not mean that the laws of such country would be applicable.

9. Miscellaneous

Your Authorities: You agree that you will supply mChek, upon request, with all information mChek may reasonably require in order to enable it to provide mChek Services to you, and authorise mChek to obtain from and provide to the Merchant and the Banks, and other third parties, such information as mChek may reasonably require for the purpose of providing such facilities. You authorise the exchange of such information with those persons.

Notices: mChek may give any notice or other type of communication to you by means of mChek’s website, ordinary mail or email to the last address notified to the mChek Customer Service by you or by facsimile transmission. Any notice given by mChek shall be deemed given/received by you three (3) business days after the dispatch of such mail or sending of such email as the case may be.

Assignment: You are not permitted without mChek’s prior written consent to assign or transfer any of your rights, duties or obligations under these terms and conditions. mChek may assign its obligations under these terms and conditions to any related or successor corporation of mChek. mChek may also assign or subcontract certain of its rights or responsibilities to independent contractors or other third parties at its discretion.

Language: These terms and conditions may, at mChek's discretion, be translated into a language other than the English language. You agree that such translation shall only be for his or its/their convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.

Electronic Contracting and Notices: You understand and agree that mChek is transacting with its Users electronically and not in paper form. Your affirmative act of using the mChek Services signifies your acceptance of mChek’s terms and conditions and your agreement to transact with us electronically. Your affirmative act of registering and clicking your acceptance to utilize the mChek Services constitutes your acceptance and electronic signature to these terms and conditions. You also agree that mChek may send to you in electronic form, any privacy or other notices, disclosures, reports, documents, communications or other records regarding mChek Services.

General information: You agree that mChek may from time to time send by e-mail, messages on your mobile phone or otherwise, information relating to the mChek Services and facilities offered by it or by other entities, general information related to mChek and other services to you.
Copyright © 2011 mChek. All Rights Reserved. Terms and Conditions.