Terms of Use
Please read the following terms of use very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.
By subscribing to or using any of our services, you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to “you”, “User” and “Your” shall mean the end-user accessing the Website, its contents and using the Services offered through the Website.
“Service Providers” mean independent third party service providers, and
“We”, “us” & ”our” shall mean Desk Nine Private Limited its affiliates and partners.
This document is published by virtue of a legal requirement under the provisions of the Information Technology Act, 2000, that require ‘intermediaries’ to publish the rules and regulations, privacy policy and terms for access or usage of our Website, and is primarily governed by Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
Introduction
- SignDesk is a product of Desk Nine Private Limited.
- SignDesk is a Technology platform which offers the users of the website a Document Workflow Solution, including but not limited to Template Generation, Electronic Signatures, eNACH, DIgital Stamping and Video KYC Services.
Eligibility To Use The Website
- SignDesk does not cater to users under the age of 18 years. By using this website, you represent that you are competent to contract as per the laws of India, and in particular, the provisions of Indian Contract Act, 1872.
- In case a user is entering into a Contract on behalf of the Organization, the user represents that he is authorized to act on behalf of the Organization.
- In the event, the user is accessing the website to digitally sign the documents using his Aadhaar Card, the user should ensure that the User is in physical possession of the Registered Mobile Number, registered as such with the UIDAI. It is to be noted that the possession of the Registered Mobile Number is mandatory in order to get the One Time Password which is required to digitally sign the document.
User Account, Password And Security
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SignDesk of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SignDesk cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. For viewing the public content on the website, you might not require login details, ID or password, in those cases, you would still be bound by these terms and conditions.
Services Offered
- That Desk Nine Pvt. Ltd. has developed a technology platform for a Document Workflow Solution with Template Generation, Electronic Signatures, eNACH, DIgital Stamping and Video KYC Services, and built a software application that integrates eSign API as per the eSign API Specifications issued by the Controller Certifying Authorities.
- The users in consideration of the Payment made by them as set out in the pricing page on the SignDesk website and subject to the terms and conditions as laid down in the present page, or in the event of institutional users who have entered into separate service agreement with Desk Nine, then in accordance with the terms of the Service Agreement, may have access to and use the website on a non-exclusive, non-assignable and non-transferable basis.
- That the users agree to be bound by the terms and conditions of the ESP (Electronic Signature Provider) for the use of eSign facility for Aadhaar Based eSignature.
Warranty And Disclaimer
To the fullest extent permitted by law, we do not warrant or guarantee that use of our platform will be uninterrupted or error-free.
Further, SignDesk provides its services in collaboration with partner entities , and in case of any failure of the network or connectivity as between SignDesk, and partner entities , SignDesk shall in no way be responsible for the same.
Limitations On The Use
You may not use signdesk.com services for any of the following activities.
- For any unlawful or illegal activity.
- In any manner which is inconsistent with the present terms of Service.
- To infringe the intellectual property of Enclever/ signdesk.com or any other third party.
- For any fraudulent activities.
- For hacking the website.
- For inserting any malicious data or services into the system.
- For transmitting material that is offensive, defamatory or otherwise objectionable.
- For causing security threats to our systems.
- For creating user accounts by automated means.
- For submitting any data of any third party without the consent of such party.
Limited User
The User agrees and undertakes, not to reverse, engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website are permitted provided that signdesk.com name is stated as the source and prior written permission of signdesk.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the consent of the Website is not permitted.
Obligations Of The User
In addition to being bound by the terms and conditions of signdesk.com as laid down in these Terms and Conditions, the user of the website shall have the following obligations:
- The user shall solely be responsible and obligated to maintain the necessary computer equipments, mobile phones, and Internet connections, including mobile network connections that may be required to access use and transact on signdesk.com.
- That the user shall further be obligated to provide the right information and feed in the right information and inputs in the signdesk.com platform.
- The users shall be obligated to ensure that they have complied with the requirements of the Information Technology Act,2000 and the provisions of all other applicable statutes.
- The user should ensure that he has a 12 digit Aadhaar number and for OTP-based authentication, the mobile number, which is registered with Aadhaar Database.
Payment Policy
- You, as a Buyer, understand that upon initiating a Transaction, you are entering into a legally binding and enforceable contract with Desk Nine Pvt. Ltd. to purchase the products using the Payment Facility, and you shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
- You represent and warrant that if you are utilizing services of SignDesk, that you will have the following options of payment:-
- Payment by Net Banking/ Debit Card
- Payment by Credit Card
- Payment through Payment Gateways
- Payment through e-wallet
- You warrant that in case you are making the payment by Credit Card any credit information you supply is true and complete; (ii) charges incurred by you will be honoured by your credit card company; and
- SignDesk reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with SignDesk or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- SignDesk may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of SignDesk. As a result of such a check, if SignDesk is not satisfied with the credibility of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
- All Valid Credit/ Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
- All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports the Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
- SignDesk reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this site anytime in future.
Refund Policy
SignDesk does not entertain any request or demand for refund fees paid towards a subscription for the services. The fees paid towards the subscription shall not be refunded unless such claim arises due the breach in any terms of services by SignDesk.
Privacy Policy
- The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of SignDesk (To read the Privacy Policy, click here). The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
- In addition to the above, the user recognizes that the Aadhaar Card number of the User is collected by SignDesk, which enables the user to utilize the services of SignDesk, however, SignDesk does not in any way store the said data, in any form whatsoever.
- The user further recognizes that the OTP provided for authentication of the Aadhaar Card shall only be used for authenticating identity through the Aadhaar Authentication system, for obtaining e-KYC through Aadhaar e-KYC service and for the issuance of the Digital Signature Certificate(DSC) for the specific transaction and for no other purpose.
- That all other information provided by the user shall be governed by the Privacy Policy of SignDesk and all relevant laws.
Intellectual Property Rights
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, SignDesk owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to SignDesk without obtaining authorization from SignDesk.
- Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, or any other material which you may upload, transmit or store when making use of our various Services.
Copyright Infringement
In case if anyone is of a reasonable opinion that any material/content located on or linked to SignDesk violates your copyright/copyright of some other person/entity, you are encouraged to notify us at support@SignDesk.
In the event the same is found to be infringing material, we shall remove the infringing material or disable all links to the infringing material.
SignDesk further reserves its right to terminate the account of the user who infringes the copyrights or other intellectual property rights of SignDesk or others, SignDesk may, in its discretion, terminate or deny access to and use of the site. In the case of such termination, SignDesk will have no obligation to provide a refund of any amounts previously paid to SignDesk.
Modification To These Terms Of Use
We reserve the right to modify/revise these terms at any time. Please re-visit the page “Terms of Use” on our Website to stay abreast of any changes that we may introduce. Your continued use of our services shall constitute your consent to such changes.
Term And Termination
- In addition to above, SignDesk may, at any time, with or without notice, terminate these terms of the Member Agreement with user if:
- SignDesk may terminate these Terms and Conditions and the Policies and/or the Services hereunder for any reason including for reasons of breach of these Terms and Conditions, or any of the Policies on the SignDesk Platform or any other agreement between SignDesk and the User in relation to the SignDesk Platform. The User’s sole right to terminate these Terms and Conditions and the Policies is by not using the SignDesk Platform and deleting its account with SignDesk.
- These terms of use shall be operative and shall remain in force until the time the user accesses SignDesk and the service provided by the SignDesk.
- SignDesk is required to do so by law (for example, where the provision of the Services to user is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
- The provision of the Services to You by SignDesk is, in Desk Nine Pvt. Ltd. ’ s sole discretion, no longer commercially viable;
- SignDesk has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
- In the event that SignDesk faces any unexpected technical issues or problems that prevent the Website and/ or Services from working.
- SignDesk may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason.
Consequences Of Termination
- Termination of User Account may include:
- (i) removal of access to all offerings within the Website/ Mobile Application or with respect to the Services;
- (ii) disabling access to the Account Information, including users personal information, login ID and password, and all related information, files and materials associated with or inside User Account (or any part thereof), and any User Content uploaded by User; and
- (iii) prohibiting further use of the Services.
- Termination shall not affect any liabilities incurred by a User prior to the termination or for acts performed during the pendency of these Terms and Conditions and the Policies which may result in a dispute post-termination of these Terms and Conditions, nor any provision expressed to survive or to be effective on termination and the obligations set out in this Section shall remain in full force and effect notwithstanding termination.
- The user agrees that all terminations shall be made in SignDesk’s sole discretion and that SignDesk shall not be liable to Users or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
Communication
By creating an account on the Site you grant permission to SignDesk to contact you using the email address supplied. By uploading and sending documents you are authorising SignDesk to distribute your contracts to email addresses you supply.
Limitation Of Liability
- The user understands and agrees that SignDesk is only a platform which facilitates signing and as a platform for two or more parties to execute agreements. That the user further acknowledges that SignDesk is not a party to the document/ agreement between the users interest.
- Upon signing, only you and the other party/parties are legally required to honour the agreement. You agree that SignDesk shall not be held liable or responsible to ensure enforceability, or non-performance of obligations by either parties under the terms of agreement and breaches by any of the parties.
- To the fullest extent permitted by applicable law, in no event shall SignDesk shall be liable to users for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
- (i) use of the site;
- (ii) errors, mistakes, or inaccuracies of content,
- (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
- (iv) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein,
- (v) any interruption or cessation of transmission to or from our servers,
- (vi) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the site by any third party,
- (vii) any loss of your data or content from the site
- (viii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the site, whether based on warranty, contract, or any other legal theory, and whether or not the users are advised of the possibility of such damages, and/or
- (ix) the disclosure of information pursuant to these Terms of Use or Privacy Policy.
- There are risks associated with utilizing the internet and short messaging system (chat) based information and research dissemination services. Users/subscribers are advised to understand that the services can fail due to failure of hardware, software, and Internet connection. While we ensure that the email/messages are delivered in time to the user/subscribers, the delivery of these email/messages to the customer’s email inbox or message center is the responsibility of the email/messenger’s service provider Network. Email/messages may be delayed and/or not delivered to the user/subscriber’s inbox or chat box on certain days, owing to technical reasons that can only be addressed by the service provider, and Desk Nine Pvt. Ltd. who owns SignDesk and group companies associated with it and/or its employees cannot be held responsible for the same.
Indemnification
You agree to defend, indemnify, and hold harmless SignDesk and/or its associate entities, their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the web site/application material or your breach of these Terms and Conditions of Web site/application use.
Disclaimer Of Warranties And Liability
- The content on our Site and in written materials from us, including email correspondence, is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of that content. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
- The information from SignDesk is provided on “AS IS” basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.
- No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. SignDesk, its directors, employees, agents, representatives disclaim any and all direct, indirect, special, consequential damages, loss arising from using the services provided by SignDesk.
- Certain links on the website lead to resources located on servers maintained by third parties and are external to SignDesk. You agree and understand that by visiting such applications/websites you are beyond the SignDesk web Application. SignDesk, therefore, neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these Applications.
Support
You agree that SignDesk is only responsible to support queries you might have with the Site and Service, SignDesk has no obligation to provide support over agreements made between yourself and other parties. You agree that SignDesk has no responsibility and has no liability if any disputes should arise from an agreement signed through the SignDesk Service and has no obligation to mediate the dispute and that SignDesk or its employees cannot be held responsible or have liability over costs, damages or expenses arising from disputed agreements.
Force Majeure
SignDesk shall have no liability to you for any interruption or delay in access to the Application irrespective of the cause. Force Majeure event shall be one when there is any cessation, interruption or delay in the performance of SignDesk’s obligations due to causes beyond its reasonable control, including but not limited to: technical, earthquake, flood, or other natural disaster, act of God, labour controversy, civil disturbance, war (whether or not officially declared), or any change in or the adoption of any law, regulation, judgment or decree. Without limiting the foregoing, under no circumstances shall SignDesk be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning of your information and or data received and or stored or any of our service/s.
Governing Law
The Agreement shall be governed by the Laws of India. The Courts of law at Bangalore shall have exclusive jurisdiction over any disputes arising under this agreement.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Terms of Use
SignDesk App(the “App”) and the Website www.signdesk.com (the “Website) are owned and operated by Desk Nine Private Limited, a private limited company incorporated under the Companies Act 2013, India having its registered office at No. 24, 9th Cross, Malleshwaram,
Bangalore, Karnataka 560 003 (hereinafter referred to as “SignDesk”, “DNPL”, “We”, “Us”).
SignDesk offers an advanced document workflow solution, which includes features such as Electronic Signature, Aadhar signature, multi-party signature, Pan Based and template generation, digital stamping, and other such features as opted for by the User and as per the plan selected by the User (the “Services”)
In these terms, references to “you”, “User” and “Your” shall mean you as an individual or end user, or the legal entity you are representing.
“Service Providers” shall mean independent third-party service providers.
By subscribing to and using any of our Services, you agree that you have read and understood the terms and have thereby consented to be bound by the said terms of use in its entirety. If you do not agree with any of the terms of use, you must refrain from subscribing to our Services.
We reserve the right to update the terms of use mentioned herein and such updated terms of use shall supersede the earlier versions. You are required to keep yourself updated with the changes made therein and your continued usage of the Services after such an update shall be deemed as an acceptance to the updated terms of use. These terms of use along with the terms listed in the SaaS agreement
https://www.signdesk.com/subscription-agreement
would govern the use of the product by the parties.
1. Eligibility
- 1.1 The Services provided by us are only meant and intended for users who are competent to Contract as per the provisions of Indian Contract Act, 1872. You hereby represent that you are above 18 years of age and have read and understood the terms listed herein.
- 1.2 If you are representing an organization or any legal entity, you hereby represent that you are authorized to act on behalf of the organization.
2. Account Usage and Security
- Account shall mean the account created on the Website/App of SignDesk where DNPL shall track the Orders placed by you as an individual or an account created as a representative of a legal entity on behalf of such entity.
- In order to create a SignDesk account to access the Services, you will need to accept the SaaS Agreement-
https://www.signdesk.com/subscription-agreement
or any other Agreement as mandated by SignDesk from time to time in terms of use and the Privacy Policy-https://www.signdesk.com/privacy-policy You are required to provide your name, name of the organization (if you are representing an organization), a valid phone number, email ID and any other information required for the purpose.
- You are solely responsible to:
- Ensure you provide accurate information.
- Use your own email address and phone number while registering and while using any services provided.
- Maintain the confidentiality of the Account credentials.
- Ensure that you do not share your Account credentials with anyone, unless it's only on a need to know/access basis.
- Inform us in case of any unauthorized access to your account or any breach of security.
- Ensure you logout the session and uninstall the application in case you are changing your device.
- Ensure you change the password periodically.
- SignDesk will not be held liable for any loss or damages that may arise out of your failure to comply with the terms of use.
- SignDesk reserves the right to revoke access to any such account, if we reasonably believe that a Username/ Password was misused, used for illegal purposes or obtained through providing false information.
3. User License
- SignDesk grants a limited, non-exclusive, non-transferable license to use our Services only during the period of Subscription for any legitimate purposes as permitted hereunder and in accordance with the Privacy Policy. You are prohibited from reselling, sublicensing or sharing your account with any party. If you are a competitor of SignDesk, you are prohibited from accessing the Service, unless you seek an advance approval and written consent from SignDesk. Any violation in this regard would be viewed seriously and would result in the immediate termination of your Account.
4. Acceptable Use
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You hereby agree that you will not use the services/product for any unlawful or illegal purpose, or in any manner that would damage the Application or the Service.
- You agree not to use the Services:
- To abuse, harass or threaten anyone or violate the rights of any individual or legal entity.
- To upload any virus or code that may cause any damage.
- To infringe the intellectual property rights of any legal entity or third party.
- To publish any material that instigates violence, hate or discrimination against anyone.
- To gather any information unlawfully.
- If you are a direct competitor to SignDesk or use it to create a similar product.
- To modify, adapt or reverse engineer any portion of the Service.
5. Warranty and Disclaimer
-
The Services offered by SignDesk through its app and webportal are on an “AS IS” and “AS AVAILABLE” basis. Your access and use of the Services is at your sole discretion and risk. SignDesk makes no additional representations or warranties, whether express or implied and disclaims all implied warranties of accuracy, quality, and legal validity of any transaction or purpose. You shall solely be held liable for any damage arising out of your usage of the Services. SignDesk shall not be liable for any damages arising out of your usage of the Services or any act or omission, failure of performance, error, interruption, unauthorized access etc.
6. Indemnification
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You shall defend, indemnify, and hold harmless SignDesk, its affiliates, employees, contractors, directors, representatives from all claims, losses, liabilities and expenses, including legal fees, that may arise out of your access and usage of the Services or any misuse.
7. Termination
-
SignDesk reserves the right to terminate this Agreement and revoke your access to the App/Website at any time for any reason, with or without cause or in case of violation of any terms listed herein or any misuse from your end.
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If you are a registered user and would like to terminate access, you can contact us to terminate the same in accordance with the provision of the SaaS Agreement-
https://www.signdesk.com/subscription-agreement
. Any provision that would be expected to survive termination by its nature shall remain in full force and effect.
8. Limitation of Liability
-
You understand and acknowledge that SignDesk is a disinterested third-party service provider and the access and usage of the Services through the App is your sole decision. In no event shall SignDesk be held liable for any failure, technical issue that may arise out of your usage.
9. Governing Law and Jurisdiction
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These terms and conditions shall be governed by Indian Laws and any dispute relating to the same shall be subjected to the courts of Bangalore only.
10. Contact Us
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In case of any suggestions or complaints about the terms and conditions, kindly contact us at
support@signdesk.com.
Product Specific Terms
ink.it
1. The law recognizes Electronic Records, even without authentication as per Section 5 of the Information Technology Act, 2000 requires Electronic Signature as per the definition of IT Act, 2000 only when the Electronic Record has to be authenticated by law. In any other event ‘Electronic Records’ can satisfy the requirement of Contract formation. However, DNPL does not make any warranties or guarantees as to the enforceability of electronic signature and legislation for transactions and documents.
2. The Agreements which, by law are required to be in writing and signed, are reproduced in Schedule I and you recognize that the electronic signature shall not be affixed on such category of document. You further recognize that, the IT Act, 2000 prohibits the use of electronic signature on the category of documents, as listed in therein and reproduced in Schedule I, you recognize and agree that the electronic signature shall not be affixed on such category of document.
3. That you and DNPL agree to maintain an Audit Trail for a period of 7 years as mandated by CCA. You further agree that the Service Provider shall conduct an audit once in Six (6) Months.
Ink.it- Aadhar Signature
1. If you are accessing the Service using a mobile device, ensure that you provide the mobile number that has been registered with UIDAI. The one-time password for login as well as digital signature shall be sent to the registered number.
2. You agree that the IT Act recognizes Aadhar Based electronic signature only when OTP is entered by the Aadhar number holder itself and no other person. The responsibility of preventing any misuse shall be upon you.
3. If you opt to use one or more of the optional features designed to verify the identity of the intended recipient of an eContract, DNPL will apply only those data as provided by UIDAI but makes no representations or warranties about the appropriateness of any Authentication Measure.
4. You hereby agree and acknowledge that you are fully aware of and understand the contents of the Judgement dated 26.09.2018 delivered by the Supreme Court in the case of Writ Petition(Civil) No. 494 of 2012.
5. You agree that you shall continue to use the Aadhar based authentication services provided by the Unique Identification Authority of India for delivering the services under welfare schemes or notification issued under Section 7 of the Aadhar Act, 2016 or for any other purpose which is backed by law. You shall solely be responsible for complying with any and all directions of the Court issued therein that may be applicable.
6. The Agreements which, by law are required to be in writing and signed, are reproduced in Schedule I, and you recognize that the electronic signature shall not be affixed on such category of document. You further recognize that, the IT Act, 2000 prohibits the use of electronic signature on the category of documents, as listed in therein and reproduced in Schedule I, you recognize and agree that the electronic signature shall not be affixed on such category of document. You acknowledge that when the document is eSigned by the Aadhaar Holder whose name doesn’t match with Aadhaar Card details, DNPL shall give them a chance to correct the details (name etc.) to match Aadhaar data which would result in more than one transaction for which you shall be charged.
7. That you and DNPL agree to maintain an Audit Trail for a period of 7 years as mandated by CCA. You further agree that the Service Provider shall conduct an audit once in Six (6) Months.
Stamp.it
1. You recognize that DNPL offers the solution in collaboration with third party stamp vendors and SHCIL (Stock Holding Corporation of India), Authorized Bank for the process of e-SBTR and traditional stamp vendors for the procuring of physical stamp papers and in case of unprecedented glitch in the services as provided by them, there may be delays and DNPL shall not be responsible for such delays or service interruptions attributable to causes beyond its reasonable control, including, without limitation, limitations on the availability of telephone transmission lines and facilities, failures of other communications equipment, internet access delays or failures, failures or deficiencies of your equipment, or your failure to meet its responsibilities under this Agreement;
2. You hereby authorize DNPL to procure stamp papers on your behalf or on behalf of your organization. DNPL is not a stamp vendor, but is offering this solution as part of its Document Workflow Solution.
3. You recognizes that DNPL is a disinterested third party technology provider and does not make any representations or warranties as to coverage under legislation, legality of legislation, enforceability, validity, or suitability of its service or legality and enforceability of documents or transactions that pass through its service on which Digital Stamps are used, nor does it provide any assurances that these signatures will be upheld in a court of law.
4. You agree that you shall provide the Stamp paper amount, Article Code, Party details, State in which Stamp Paper has to be consumed to DNPL and that DNPL shall not be liable for any ensuing liability for the same.
5. You recognize and agree that you are bound by the Stamp Paper Rules and Laws of the State in which stamp paper is consumed by you. You agree that in case of any action by third party or regulatory action on DNPL due to the act or violation from your end, you shall indemnify DNPL for the same.
6. The Digital Stamp Paper solution is subject to limitations, including those posed by technology, and DNPL does not represent and warrant the same to be defect free. Stamp Paper Solution is provided on an ‘as is’ basis without any express or implied warranties in respect thereof, and DNPL does not assume any responsibility or liability for any damage, whether direct, indirect, incidental or consequential, arising as a result of the use of the Stamp Paper Solution, and the Service Provider offers the solution in collaboration with Third Party Stamp Vendors, SHCIL(Stock Holding Corporation of India Limited) and E-SBTR, and in case of, unprecedented glitch in the services as provided by them, there may be delays and DNPL shall not be liable for the same. The availability of services are on an as is basis, and would be made available till the same are being provided by Vendors. In case of change of law or stoppage of service by Vendors, DNPL shall not be held liable for any loss damage caused due to stoppage of services.
7. You understand and agree that in case of any refund of Stamp Duty, you shall solely be responsible for ensuring that you do the necessary follow ups and receive the refund and in no circumstances shall DNPL be held responsible and liable for any loss or damage caused to you.
Link.it
1. You recognize that eMandate is a facility initiated by the Government of India through the National Payment Corporation of India (NPCI) and that NPCI reserves the right to allow participation in the eMandate process depending on the readiness of the bank/Corporate/ Service Recipient to process mandates with full automation.
2. You acknowledge and agree that the responsibility and obligation to obtain consent from the user before registration of the proposed mandate shall be upon you.
3. You recognize that DNPL is in no way responsible for the authenticity of the registered mandates.
4. You represent and confirm that you are authorized by the end User to register and initiate E-mandates on his or her behalf.
5. You shall indemnify DNPL and its directors, employees, authorized representatives, agents, regarding (a) failure to adhere to any of the process or procedural guidelines issued by NPCI from time to time (b) against any claim, losses, expenses, damages, penalties etc., arising out of its own act as well as the activities of the Corporate in connection with the API based E – Mandate Services.
6. You hereby confirm that all the details furnished for participating in ACH Debit product through E-Mandate Services, are true and correct to the best of your knowledge and belief.
7. That it is obligatory for all participant banks on the system to strictly follow the procedural guidelines as issued by NPCI or RBI or any other statutory body.
8. NPCI may conduct an audit of the E-Mandate processing related documentation of a participant bank or with any related entity or corporate/s in the chain.
9. DNPL will process payments in good faith and the belief that these are genuine business transactions and hence shall not be responsible for any act done on the basis of the representation of/information provided by the Service Recipient or in good faith.
10. Further, DNPL assumes no liability for:
- (a) The inability or failure by the intended recipient or another party to satisfy the Authentication Measure as provided in the NPCI website; or
- (b) The circumvention by any person (other than DNPL) of any Authentication Measure;
- (c) DNPL is not responsible for any member’s failure to perform its duties and responsibilities as per the procedural guidelines by NPCI for the E-Mandate system.
- (d) DNPL is not responsible for any failure in the service resulting from any member’s failure to perform its duties and responsibilities as per the procedural guidelines by NPCI for the E-Mandate system.
- (e) DNPL is not liable for any deviation from the timeline to receive the mandate amount from NPCI or dependencies such as destination banks.
- (f) DNPL is not liable for any wrong entries made on the mandate and any failures or errors that may result from such entries
- (g) DNPL is not responsible for determining how long any mandate, documents, transactions and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes.
Scan.it
1. You agree that you will comply with all applicable laws and regulations, including but not limited to Master Direction issued by RBI, other guidelines and directions issued by RBI, or any other Regulatory Body in India as applicable;
2. You must not distribute, market, re-license, sub-lease, rent, lease, adapt, translate, enhance, modify, decompile, disassemble, reverse-engineer, reproduce, create derivative works, or translate whole or any part of the information of the Product
3. You warrant that you shall be responsible for obtaining consent of the user for the VBIP and VCIP Process ; the consent can be collected as a part of the Process.
4. You recognize that the Product is built in accordance with RBI specifications for VBIP and VCIP. However, DNPL would not be held liable to any RBI Guidelines. The sole responsibility of assessing the regulations issued by RBI from time to time, and suitability of the Product for use, would remain with you.
5. As per the RBI Master Direction, you shall be authorized to audit the Product before utilizing the same, once the audit is completed, you shall issue the DNPL an “Audit Complete Certificate”. DNPL shall not be held liable for any error in the System once such Audit Complete Certificate is issued.
Video Based Consent Recording
1. You agree and understand that the Video Based Consent Recording would be initiated as per your independent agreement with or on behalf of our client organization. Therefore, we would not be responsible for the content/terms to which you consent to or are being consented to, using the Video Based Consent Recording. Any dispute/disagreement related to the contents of the Video Based Consent Recording should be raised with the party with whom the agreement is entered with.
2. As a part of the Video Based Consent Recording, processes such as identity verification,facial recognition would be carried out. You understand and agree that the data collected during the process shall be used only for the purpose of recording consent and for no other purpose. For further details on how data is processed. Please refer to our Privacy Policy.
3. Please note that for verification we use certain Third Party API’s. We ensure that your Data is securely transmitted and only those data points which are required for verification are shared.
4. Facial Recognition Technology is a relatively new technology, and while in most cases the accuracy is guaranteed. There may be cases where there is an error in the result of Facial Recognition Technology and we do not guarantee that the results will be accurate. We suggest that you try a different identification document with a clearer picture for verification purposes.
5. The Video recorded would be used as proof of consent to the terms of the Agreement and may be used in the court of law, please proceed with the consent recording only if you agree to such usage.
6. The Video and other details as recorded would be stored for the purposes of evidencing consent, for more details please refer to our
Privacy Policy.
7. The Agreements which, by law are required to be in writing and signed, are reproduced in Schedule I and you recognize that the Video Based signature shall not be affixed on such category of document.
SCHEDULE I
LIST OF DOCUMENTS THAT CANNOT BE ELECTRONICALLY SIGNED
- Sale Deed - Section 54 of the Transfer of Property Act, 1882 mandates that the transfer of immovable property above the value of One Hundred Rupees can be made only by a Registered Instrument.
- Lease Deed - Section 107 of the Transfer of Property Act, 1882 mandates that the lease of immovable property from year to year or a term exceeding one year, can be made only by a registered instrument.
- Gift Deed - Section 122 of the of the Transfer of Property Act, 1882 mandates that the Gift of Immovable Property can be made by a Registered Instrument, signed by or on behalf of the donor, and attested by two witnesses.
- Transfer of Actionable Claim - Section 130 of the Transfer of Property Act, 1882 mandates that the Transfer of Actionable Claim shall only be by execution of an instrument in writing signed by the transferor or duly authorized agents.
- Will - As per Section 63 of Indian Succession Act,1925, a Will which is not Privileged Will needs to be in Writing, Signed and attested by two witnesses or as defined in clause (h) of section 2 of the Indian Succession Act, 1925 (39 of 1925), including any other testamentary disposition by whatever name called.
- Trust - As per Section 5 of the Indian Trust Act,1882 needs to be in writing and Registered or as defined in section 3 of the Indian Trust Act, 182 (2 of 182).
- Negotiable Instrument - A negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instrument Act, 181 (26 of 181) or As per the different provisions of the Negotiable Instruments Act, Promissory Note, Bill of Exchange that need to be in Writing and Signed.
- A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 182 (7 of 182).
- Any contract for the sale or conveyance of immovable property or any interest in such property.