

The following are the TOS or terms and conditions for use of Concert Software and Systems Pvt. Ltd ( VegaaH) Service. Please read them carefully. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the VegaaH’s Service constitutes your agreement to all such terms, conditions, and notices. Definition
Welcome to the VegaaH (Pay Instantly)! At VegaaH we are creating a system that strives to reward high trust and creditworthy individuals of India, inspiring others to be like them. Using the product, you can manage your business; hunt those hidden charges, all the while enjoying your business though you are in tire2, tire3 areas.
VegaaH is an online market place focusing business to business service providers who accept payments-especially individuals, freelancers, women who work from home, handcraft businesswomen, and people who do business in tier2, tier3 & rural areas
VegaaH helps them through subscription, payment link, payment gateway, and online store to make their payments easier and faster
Individuals/ Merchants can use this stage to do business; they can create invoices, get paid only when the customers pay. The VegaaH invoice has all the features of the zoho invoice.
This platform is completely free and utilized by all kinds of business people and we are software service providers and pay only when your customers pay. (Pay per transaction; transaction charge is affordable)
Concerto Software and Systems Private Limited is a company incorporated under the Indian Companies Act 1956 having its registered office at Building No. 305, 2nd Floor, Sector 2, Millennium Business Park, Mahape, Navi Mumbai - 400 710, and includes its successors and assigns. VegaaH owns and manages the websites www. VegaaH.com and related domains.
VegaaH’s Service (or 'the Service') refers to service offered to users viz. i) Payment Aggregator services to Merchants; ii) Payment Aggregator services to Payment methods;
VegaaH.com (or ' VegaaH') refers to the web sites through which VegaaH is offering the service through the Internet.
Member(s) refers to the eligible customer(s) of the VegaaH Service as authorized by VegaaH.
Acceptance of terms
Welcome to VegaaH. VegaaH provides its service to you (“User”), subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time on this page. In addition, when using particular VegaaH services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Unless otherwise specified by VegaaH all alterations, additions and deletions shall take effect automatically and be binding on and from the day they are posted on the website www. VegaaH.com. By continuing to access or use the VegaaH service, you will be deemed to have agreed to accept and be bound by such altered, added to or deleted TOS. If you do not agree to the alterations, additions or deletions, you should discontinue accessing or using the VegaaH service (other than those which have already been availed of by you prior to such alterations, additions or deletions). A separate binding and enforceable agreement are constituted amongst the User and VegaaH with these Terms and Conditions. However, these Terms and conditions will not alter the terms of any other agreement you may have with VegaaH for other services.
Further, it is clarified that a separate Privacy Policy has been provided separately and it is an integral part of these Terms and Conditions. The privacy of its users is extremely important to VegaaH. Hence, while accepting these Terms and Conditions you are confirming that you have read and unequivocally accepted our Privacy Policy.
Provision of Services by VegaaH
Subjecting to the Terms and Conditions herein, VegaaH offers the services mentioned in Schedule I included below.
VegaaH is constantly upgrading itself to provide the users with one of the best possible experiences. With this the user gives his consent to any changes being made time to time without any advance notice of such change to them. Further, you agree and acknowledge that VegaaH might stop these services on a permanent or temporary basis to the users at our sole discretion and without any advance notice. In case the users decide to stop using our services, they don’t need to inform us specifically.
The users of this website along with the Terms and Conditions agree that VegaaH has the right to disable your account, and you will be prevented from using the Services, account details or any other type of content which is there in your account. We also hold the right to delete any data stored in your account not limited to any sensitive personal information. As an alternate course of action, a user might send us a notification communicating their wish to not retain or use the personal data in their account. However, some services might be restricted in this case.
By the use of our Services, you are also agreeing that VegaaH disclaims all authenticity rights on the information which might have become outdated since its last update. We also reserve all rights to make modifications or any corrections to any part of the website content without a prior intimation to the users. All the pieces of information along with the pictures on this website are set to be in the public domain as publicity photos, or promotional materials, etc. unless stated otherwise.
Kindly contact us via email if you are the copyright owner of any of the content mentioned on this website which you feel violates the Copyright law. Also, kindly indicate the exact URL of the webpage to help us in locating the same. Your concerns would be addressed, and appropriate action will be taken on the same. Further, please note that all images on this website are digitized by VegaaH and no other party has the authorization to repudiate these digital versions in any kind of format without our prior permission.
Eligible customers
In order to access and use the Service you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorized to agree to the TOS and to access, use and avail of the VegaaH service. If you do not qualify, please do not access or use the VegaaH service.
If you are not a Resident Indian, you may access, use and avail of the VegaaH service only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the and service is based on the understanding and agreement that by accessing and using the website and service, you may be violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify VegaaH against any liability incurred by VegaaH in this regard.
Use of Services
You might be requested to open an account for using certain services with VegaaH. You can do so by providing information about yourself as a part of the registration process. The user is said to agree on the accuracy of the data provided to us at the time of registration. In case any inaccurate or incomplete information is provided VegaaH has a reasonable ground to believe that such information violates the applicable laws or is not according to the Terms and Conditions.
Further, we reserve the rights to terminate your account or reject the registration of your account and refuse to grant access to the website.
You are agreeing to indemnify us against all claims due from the usage of any information or details that are posted or supplied by you. And we are entitled to remove any such information without a prior notice to you.
By accessing the “User account” section on the website, a user can make any modification/rectification on the Registration Data in the users account ad can also delete its user account at any point of time. The processing of account deletion might take some time but the same shall be done and completed by us. However, we do maintain a certain backup of the information of all user content for an appropriate time as per the legal requirements as well as our operational requirements.
The user has sole responsibility for maintain the password as well as confidentiality of its account along with any activity that occurs through it. VegaaH will not be held liable in respect of any damage or loss which might arise due to result of a failure to protect the password or account. A user should take all the appropriate measures for ensuring that the password is securely kept. You should inform us immediately in case you have a reason to believe that your password is likely to be used or used in an unauthorized way. In case of a dispute between two parties for ownership of any particular account with us, we shall be the sole arbitrator and our decision will be final and binding in this regard.
Also, you are agreeing to grant us a non-exclusive, irrevocable, royalty-free, database and publicity rights which you may have in the registration data in order to ensure no violations are being from our end of any rights which you may have in your registration data now or in future.
Further, you are solely accountable for sharing any information by yourself in the user content or registration data and undertake neither by yourself nor by allowing any third party to publish, transmit, host, display, modify, update or share any information that:
- Is harmful to minors in any way
- You do not have the rights to
- Is defamatory, obscene, pornographic, inappropriate or unlawful in any way
- In violation of law
- Causes infringement of any patent, trademark or copyright anywhere in the world
- Will impersonate another person
- Is misleading about the origin or communication of such message
- Has a virus of any sorts
- Is a threat to national security in any way
Use of VegaaH (When you use our app)
When you use our App, you are representing to us that:
Your use of the App shall not violate any applicable law or regulation, and that you fulfill the eligibility criteria set forth under Section 2;
All registration information you submit is truthful, complete, and accurate and you agree to maintain accurate, complete, and up-to-date account information in your Account.
You are responsible for all activity that occurs under your Account. Unless otherwise permitted by VegaaH in writing, you may only possess one Account.
Your use of the App or its content is only for personal purposes. By using the App Services, You hereby agree that you are aware and responsible for all transactions taking place through your Account.
Your personal and non-commercial use of the App prevents you from decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with our App, including copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
You shall not access or use the App in any manner that may be harmful to the operation of the App or its content;
You shall not use any product or service available on the App for commercial purposes, or use the App Services in any way that is unlawful, or harms VegaaH or any other person or entity;
You will not post, distribute, or otherwise, transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the App or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the App.
You will not delete or modify any content of the App, such as legal notices, disclaimers or proprietary notices, copyright or trademark symbols, and logos.
Your use of VegaaH shall indicate that you have provided consent to automatically receive requested updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, 'Updates'), for the purpose of effective delivery of the App Services. Please note that your continued use of the App following such Updates would mean deemed acceptance by you of the same.
You shall agree to
Use the Services solely for the reasons permitted by these Terms and Conditions and applicable legal regulations.
Understand and agree that VegaaH has the right to edit or remove such information. You are requested to kindly contact us immediately in case you come across any such information on our website, and also that you will not engage in any such activities that disrupt the services on this website.
To use the data owned by us through various means only for personal use and not for any kind of commercial use unless agreed by us in writing.
To not access any of the Services by any other means besides the interface provided by VegaaH.
Not to repudiate, copy, sell or resell the services for any other reason until specifically permitted via a written agreement with us.
You are responsible for any breach of your obligations solely and VegaaH has no responsibility to you or any third party for such breach.
You further agree to inform us in case a customer revokes the consent to recurring payment instructions for us to cease the processing of such transactions. In case there is a delay in communicating such revocation, then VegaaH will not be held responsible for any charges applicable pursuant to such revocation on the customer. Your data might be shared with the governmental agencies which are lawfully authorized to investigative and protect cyber security activities.
Member conduct
As a condition of your use of the service, you warrant to VegaaH that you will not use the service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions.
You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, RBI Master Direction - Know Your Customer (KYC), Information Technology Act, 2000 and the corresponding rules etc., that may be applicable to you in connection with use of our Service.
VegaaH has no obligation to monitor the Service or any member's use thereof or retain the content of any member session. However, VegaaH reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources ('Linked Sites'). As VegaaH has no control over such sites and resources, you acknowledge and agree that VegaaH is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available or transmitted from such sites or resources. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such suppliers. You acknowledge and agree that VegaaH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. The links have been provided to you only as a convenience and the inclusion of any link does not imply any association of VegaaH with the operators of such sites or resources.
Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. Your use of the service is at your sole risk. The service is provided on an 'as is' and 'as available' basis. VegaaH and/or its respective suppliers expressly disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, merchantability, fitness for any particular purpose, non-infringement or completeness. Specifically, VegaaH disclaims any and all warranties including, but not limited to any warranties concerning the availability, accuracy, usefulness, correctness or completeness of information, and any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the TOS.
2. VegaaH does not warrant or makes any representations regarding the use or the results of the Service in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your access and use of the Service.
3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from VegaaH or through or from the service shall create any warranty not expressly stated in the TOS.
5. Although VegaaH adopts security measures it considers appropriate for the offer of this Service; it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorised access to the Service or any Member Accounts. VegaaH shall not be responsible or liable if any unauthorised person hacks into or gains access to the Service or to your accounts; and you shall be liable and responsible for the same.
6. This disclaimer of liability applies also to any injury or damage caused by any failure of performance, delay in processing or transmission, error, omission, interruption, deletion, defect, computer virus, communication line failure, unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.
7. VegaaH shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received, or not sent or not received, or any transactions entered into through the service. You specifically agree that VegaaH is not responsible for any content, data, information sent using and/or included in the Service by any third party.
Limitation of liability
You expressly understand and agree that VegaaH shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or performance of the service or the inability to use or non-performance of the service; (ii) the provision of or failure to provide services (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; (vi) Corruption, deletion or failure to store any content as well as communications data maintained or transferred through your using of the services; (vii) Any kind of exemplary, punitive or direct/indirect damages caused by you under any theory of liability; (viii) In case you shall fail to provide VegaaH with the accurate data at the time of registration; (ix) If you fail to maintain the confidentiality of your password as well as account details; (x) Damage caused as a result of your reliance on the accuracy, completeness or existence of any advertising transactions between you and any sponsor/advertiser who has an advertisement appearing on the service; or (vi) any other matter relating to the service; whether based on contract, tort, negligence, strict liability or otherwise, even if VegaaH has been advised of the possibility of damages, or had advised the possibility to you.
To the extent possible, the disclaimers, limitations on liability and indemnities available to VegaaH under the TOS shall extend, mutatis mutandis, to the affiliates and partners of VegaaH and their respective directors, officers, employees, agents, successors, assigns, involved in providing, delivering or managing the Service (or any part thereof). However, this clause shall not protect the aforesaid affiliates/partners or extend to their obligations and liability to VegaaH or VegaaH' claims against them.
If you are dissatisfied with any portion of the service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the service and its related web sites.
Indemnification
You agree to indemnify and hold VegaaH, its parents, subsidiaries, affiliates, officers, agents, co branders or other partners and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service, as follows
- Violating applicable laws while using the Services
- Breaching the users’ obligations of confidentiality under these Terms and Conditions
- Charges and penalties imposed by Card Payment Networks on violation of applicable laws with the transactions on the user’s website.
- Negligence as well as willful misconduct by the Users in usage of services
Confidentiality
The User shall keep Confidential Information in confidence. You agree not to disclose or attempt to use or personally benefit from any non- public information that you may learn on the website or through the services.
Further, the user shall take appropriate safety steps in order to maintain the secrecy of the Confidential Data from any kind of public disclosure and confidentiality. Along with that the user should not divulge to a third party any kind of Confidential Information without VegaaH’s prior written consent to a third party with an exception of the representatives who have a need to know for the purposes of these Terms of Use.
Exceptions to Confidentiality Information: The confidentiality obligations mentioned herein will have no obligation on the User regarding any Confidential information which:
Is developed without use of our confidential information by the user
Acquired from a third party by the user, who does not breach confidentiality obligation to VegaaH and who has shared the information with user in good faith
Which becomes generally known by the public at the time it was received or afterwards, with no failure on the part of the user himself
Has to be disclosed due to legal requirements or requirements of any governmental authority, provided we are provided with a reasonable opportunity of being resistant towards the disclosure or to acquire a protective order.
The User is liable to notify VegaaH upon identifying any disclosure regarding confidential information or any unauthorized use as well as in case of any breach of confidentiality. Further, the user will need to cooperate with VegaaH in a reasonable manner in order to help us in regaining the possession of such Confidential Information and for preventing its unauthorized use further.
VegaaH proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ('Software') contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Any unauthorized commercial use of the Service or the resale of its services or the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited and may result in severe civil and criminal penalties.
You further acknowledge that you will not (nor will you allow any third party to) copy, modify, de-compile, translate, create a derivative work of, reverse engineer, reverse assemble the Software or otherwise attempt to discover any source code, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by VegaaH for use in accessing the Service.
Further, you also acknowledge that the said services might consist of information designated as confidential by us which you shall not disclose without our written consent obtained prior to such disclosure. Until it is agreed in a written agreement with VegaaH, nothing mentioned in the Terms and Conditions grants you a right to use any of our distinctive brand features, service marks, logos, domain names, trade names, trademarks.
Without express authorization in writing by VegaaH, you agree while using our services you will not be using any logo of any company or organization or a trade name in a manner which is likely to result in commotion and chaos about the ownership of such marks or logos.
Services Content
“Content” for these Terms and Conditions includes logos, photographs information, data themes and interactive features generated, videos, audio clips, text, animations, scripts, graphics, written posts, articles, comments, software provided or accessed through the use of services.
VegaaH reserves all the rights to refuse, filter, modify, pre-screen, review, remove or flag any or all the Content from any Service. Further, we also reserve the right to, publish, re-publish, moderate, and use all user originated contributions and comments which include profile pictures, comments, likes, favorites, votes but are not limited to these. We are not accountable to pay any kind of royalty to any User for re-using any content across any of its platforms. If any material is being submitted by you on the website, you are agreeing to grant VegaaH the rights for its use and modifications or publications.
Further, users should be aware that the content provided to them as a part of the services might be guarded by intellectual property rights owned by the sponsors or advertisers who provide us with such content. The users by use of this website agree that they might be exposed to certain offensive, indecent or objectionable content in their opinion, and in such a case the use of services is at the user’s risk.
Authorization
With the acceptance of these Terms and Conditions you have authorized us to receive, disburse, hold, and settle funds on your behalf. Such authorization allows us to facilitate electronic funds transfer between the payment system providers as well as our escrow accounts for processing every payment transaction that you authorize.
Further, you authorize VegaaH for transferring the buyer payments received into the designated bank account by you for this purpose at the time of registration. Such authorization obtained from you shall remain in effect till the time your VegaaH account is closed or removed.
Compliance with laws
The users of this website agree to be in compliance of all applicable commercial and public anti-bribery and anti-corruption laws such as:
- Prevention of Money Laundering Act, 2002,
- Foreign Contribution (Regulation) Act, 2010,
- Foreign Corrupt Practices Act, 1977,
- UK Bribery Act, 2010,
- Prevention of Corruption Act, 1988.
These anti-bribery and anti-corruption laws prohibit the users, their representatives/officials, etc. from acting on behalf of such user from promising to offer, giving, offering, accepting or pretending in any other way that induces a payment or anything of value whether from abroad to government officials or political parties or office bearers thereof or any other third party or any person in order to receive an inappropriate advantage of any type.
Office of Foreign Assets Control – Compliance
OFAC compliance is essential by the user while using the services, and it is mandatory to obtain acknowledgement from the user that he/she has not made a contribution directly or indirectly of the funds available to any of its affiliates, partners or any other associated persons, with the motive of financing the activities of any person currently subject to the OFAC Specially Designated Nationals List (SDN), the Additional OFAC Sanctions List and Consolidated Sanctions List, as modified over time to time.
****For the purpose of this paragraph, OFAC means the Office of Foreign Assets Control constituted under the laws of the United States of America.
Fraudulent Transactions
VegaaH shall be entitled for suspending the settlement of the amount in relation to the Fraudulent Transaction if we are intimated by a Card Payment Network or Acquiring Bank of a customer reporting an unauthorized debit of the customer’s payment instrument while such inquiry/investigation is in a pending stage.
In case the Fraudulent Transaction results into a Chargeback, then it shall be solved according to the provisions related Chargeback as set out under these Terms and Conditions.
In a scenario where a fraudulent transactions amount has already been settled to the User according to these Terms and Conditions, than any dispute occurring in regard to such Fraudulent Transaction, following settlement, will be resolved in accordance with the RBI’s notification DBR.No.Leg.BC.78/09.07.005/2017-18, dated July 6, 2017 read with RBI’s notification DBOD. LEG. BC 86/09.07.007/2001-02 dated April 8, 2002 as well as the other notifications, circulars and guidelines issued by the RBI in relation to this from time to time.
Card Payment Network Rules
The Card Payment Network has imposed certain written rules, guidelines, regulations, interpretations known as the “Card Payment Network Rules”.
All rights to amend their guidelines and rules are reserved by The Card Payment Networks. Pursuant to amendments to the Card Payment Network Rules, VegaaH might be required to modify or change these Terms and Conditions. And these amendments/modifications if any will be instantly binding on the users. You are required to comply with all of these guidelines, rules as well as regulations formulated by them. There are infrastructure and process to facilitate transaction authorization in the Card Payment Networks.
You expressly agree and acknowledge to assuming the risk of compliance with all the provisions of the Card Payment Network Rules, notwithstanding any assistance by VegaaH to understand the Card Payment Network Rules irrespective of you being aware of or having access to those provisions. Experts of respective rules of Visa, MasterCard, NPCI and American Express are available on their respective websites. You are agreeing to comply in full of all the guidelines, programs, requirements mandated and/or published by the Card Payment Networks.
In case any fines, penalties or other amounts are being demanded of us by a Card Payment Network in event of any non-compliance of Card Payment Network Rules by you, then you shall herein reimburse us with an equal amount of the penalty/fine without prejudice to our other rights hereunder. In case there is a failure in compliance with your obligations towards the Card Payment Networks, in this situation VegaaH might suspend the settlement or suspend/ terminate the Services.
Modifications to terms of service, member policies
VegaaH reserves the right at any time and from time to time, at its sole discretion, to modify or discontinue, temporarily or permanently, in part or in whole, the Service, TOS or policies regarding the use of the service with or without notice. You agree that VegaaH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Your continued use of the Service shall be deemed as an unconditional acceptance of these changes.
No waiver
The failure, delay or omission of VegaaH to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within three (3) months after such claim or cause of action arose or be forever barred.
Non-transferability
You agree that the Service provided to you is not transferable under any circumstance and shall be used only by you. You further acknowledge, agree and confirm that VegaaH shall have the right to transfer, assign or sell all its rights under this TOS, and that the Mandate given by you in favour of VegaaH shall continue to be in force and enure for the benefit of the successors and assigns of VegaaH.
Severability
If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Notices, transaction records and electronic disclosures
Notices to you may be made via either email or by delivery by hand or regular mail to the address provided by you. The Service may also provide notices of changes, to either the TOS or other matters, by way of publication in newspapers or by displaying notices or links to notices on the Service. All such notices will have the same effect as a notice served individually to you. Notices and instructions will be deemed served 7 days after posting or upon receipt in the case of hand delivery, cable, telex, through internet or facsimile (fax).
VegaaH may be required to provide to you certain disclosures and notices, which are mandated by various laws and rules and transaction related notifications such as receipt of bill details, payment advices, payment return advices etc. You acknowledge and agree to receive all such disclosures and notifications electronically, which, in most cases, will be done through the Internet. If, for any reason, you do not wish to receive the disclosures electronically, you must advise VegaaH immediately. In such an event, VegaaH reserves the right to discontinue/terminate the provision of the Service to you, in whole or in part.
You acknowledge that VegaaH shall have no liability or obligation to keep a record of the transactions carried through the VegaaH service and/or to provide information to you or for verifying your Payment Instructions, other than records required to be kept or information required to be provided statutorily by VegaaH.
You agree that you must evaluate, and bear all risks associated with, the use of any content/data, including any reliance on the accuracy, completeness, or usefulness of such content/data.
Governing law
The Laws of India shall govern the validity, construction and enforceability of this Agreement in all respects. You and VegaaH agrees to submit to the personal and exclusive jurisdiction of the courts located within Mumbai, India, to the exclusion of all other Courts, as regards any claims or matters arising under these terms and conditions. VegaaH 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 a member in a country other than India accesses the Service does not imply that the laws of that country govern these terms and conditions or the operations in the accounts of the Member or the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
General information
The section titles in this agreement are for only for convenience and do not affect the meaning of the relative clause.
VegaaH may sub-contract and employ agents to carry out any of its obligations under this contract. VegaaH may transfer or assign its rights and obligations under this contract to any other entity.
The Service would operate during timings specified by the VegaaH. Any Payment Instruction(s) received after the specified time on any day shall be deemed to have been received on the next Business Day.
The Service is governed by the guidelines issued by the RBI from time to time.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Language, copyright and trademarks
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Service are Copyright of VegaaH.
TRADEMARKS
VegaaH services referenced herein are either trademarks or registered trademarks of VegaaH. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Violations
Please report any violations of the TOS to our Grievance Officer. Contact details are as under:
Nodal Officer
Mr. Manish Mer
Building No. 305, 2nd Floor, Sector 2, Millennium Business Park, Mahape, Navi Mumbai - 400 710
Email: manish.mer@concertosoft.com
PAYMENT GATEWAY & PAYMENT AGGREGATOR SERVICES
VegaaH is, inter alia, engaged in the business of payment gateway and payment aggregator, as prescribed by the Reserve Bank of India from time to time to undertake any associated or ancillary activities including, without limitation, designing and development of payment system infrastructure (both online and offline) as per the Payment System Act, 2007. To provide amongst other things, information technology, handling, processing and settlement of payment related transactions, resolution of grievances and disputes between various parties. To facilitate digital payment acceptance infrastructure such as prepaid solutions, Point of Sale (PoS) terminals, Quick Response (QR) codes, payments and transaction processing, designing and implementing electronic data capture systems to process transactions through credit cards, debit cards, prepaid cards, smart cards, net banking, UPI and other modes of digital payment, facilitating merchants receive payments from customers, providing collection and settlement services and provision of back-end, front-end and other information technology services by using computers, mobile devices or any other modes of communication, to merchants, banks, corporates and other customers to facilitate electronic infrastructure for transactions, relationships and knowledge management. Clients are offered a secure payment option for their Platform and mobile app by The Payment Gateway. The payment gateway enables the clients to receive payments by customers using different payment methods available at the time of checkout.
Indemnity
You will indemnify, defend, at the Company's option, and hold the Company, its parents, subsidiaries, affiliates, officers, associates successors, assigns, licensors and employees, the Website or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, franchisers and vendors harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or due to any infringement by you or any third party using your account of any intellectual property or other right of any person or entity, or your provision of defective or sub-standard goods/services through this Website, or your breach of terms of conditions agreed by you to a Buyer in transaction facilitated by this Website.
Disclaimer
The App Services, including all content, software, functions, material, and information made available or accessible through the Services are provided "as is". VegaaH, VegaaH, their respective agents, co-branders, or partners, make no representation and warranty of any kind for the content, software, functions, material, and information available/accessible through the Services.
VegaaH does not warrant that the functions contained in the content, information, and materials on the App, including, without limitation any third-party sites or services linked to the App will be uninterrupted, timely, or error-free, that the defects will be rectified, or that the App or the servers that make such content, information, and materials available are free of viruses or other harmful components.
Further, You understand that a payment transaction is solely between the User who uses the App Services to make his payment ("Sender") and the User who receives such payment from the Sender ("Recipient") and that VegaaH does not provide any guarantees or warranties with respect to any User or any service, goods, or delivery level commitment provided by such User. VegaaH cannot assure that other users are or will be complying with the foregoing rules or any other provisions mentioned here. You assume all risk of harm or injury resulting from any such lack of compliance by any other user or any person. You should ensure that you have undertaken adequate due diligence prior to transferring payments using the App Services.
Limitation of Liability
In no event shall VegaaH, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether VegaaH has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the App or App Services.
Notice
All notices addressing to the Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to support services at pgsupport@concertosoft.com.
Change
We have and continue to have the right to modify, change or update this Terms of Service and any other policies as provided on the Website, at any time by reasonably highlighting on the Website about such change. Such changes shall be effective immediately upon posting to the Website. You are advised to keep a regular check and update on the Policy updates on the Website.
Compliance with laws
Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the Rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made thereunder, Income Tax Act, 1961 and the rules made there under, Export-Import Policy of government of India) applicable respectively for using payment facility and our Website.
Miscellaneous
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with the Company's prior written consent.
The Company may transfer, assign, or delegate this Agreement and its rights and obligations without any consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.
Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. You and the Company agree there are no third-party beneficiaries intended under this Agreement.
Arbitration & Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India, without regard to the conflict of law provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 and any amendments thereof by one or more arbitrator(s) appointed mutually by the parties in accordance with those regulations. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief at any time.
Contact
If you have any questions, complaints, or claims with respect to the Services, you may contact us at pgsupport@concertosoft.com. Our physical address is mentioned at VegaaH.com/contact. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.