Nishtha Multiservice PLATFORM
Nishtha Multiservice PAY SERVICES USAGE
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Nishtha Multiservice website, and all associated sites, or the Nishtha Multiservice mobile application or any similar platform (hereinafter collectively, the Nishtha Multiservice Platform run by Nishtha Multiservice,
Any of its affiliates (hereinafter collectively, Nishtha Multiservice or Nishtha Multiservice on any device and/or before availing any services offered by Nishtha Multiservice on the Nishtha Multiservice Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by Nishtha Multiservice on the Nishtha Multiservice Platform (hereinafter individually, and collectively,
The Nishtha Multiservice Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Nishtha Multiservice Services, whether offered by Nishtha Multiservice or its affiliates.
ACCEPTANCE
By registering on, accessing, browsing, downloading or using the Nishtha Multiservice Platform for any general purpose or for the specific purpose of availing any Nishtha Multiservice Service, you agree to be bound by the single-sign-on ID (hereinafter TRANSFER) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Nishtha Multiservice Service (hereinafter collectively, the T&Cs).
These T&Cs shall also include any additional or modified terms and conditions in relation to the TRANSFER or any additional or modified service-specific terms and conditions in relation to any Nishtha Multiservice Service or any future service that may be offered by Nishtha Multiservice on the Nishtha Multiservice Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Nishtha Multiservice Platform or availing any Nishtha Multiservice Service or the TRANSFER, you automatically and immediately agree to all the T&Cs. If at any time you do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse or use the Nishtha Multiservice Platform and immediately terminate your availing the Nishtha Multiservice Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between you, being at least 18 years of age and an individual user of the Nishtha Multiservice Platform or a customer or beneficiary of the Nishtha Multiservice Services, and Nishtha Multiservice.
All services are rendered by Nishtha Multiservice through the Nishtha Multiservice Platform under the brand name “Nishtha Multiservice” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Nishtha Multiservice, regarding your use of Nishtha Multiservice’s digital services (which includes but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets), the semi closed wallet service, the marketplace service or any such other services which may be added on the Nishtha Multiservice Platform and which will henceforth be a Nishtha Multiservice Service, from time to time.
The Nishtha Multiservice Services shall be used by you subject to your adherence with the T&Cs. As long as you accept and comply with these T&Cs, Nishtha Multiservice grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Nishtha Multiservice Platform and/or avail the Nishtha Multiservice Services.
ELIGIBILITY
The Nishtha Multiservice Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Nishtha Multiservice from availing the Nishtha Multiservice Services or accessing the Nishtha Multiservice Platform. By accepting the T&Cs or by otherwise using the Nishtha Multiservice Services on the Nishtha Multiservice Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by Nishtha Multiservice, or disqualified for any other reason, from availing the Nishtha Multiservice Services or using the Nishtha Multiservice Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement.
Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Nishtha Multiservice reserves the right to suspend or permanently prevent you from availing Nishtha Multiservice Services or using the Nishtha Multiservice Platform.
OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply in order for you to avail specific Nishtha Multiservice Services and to specific portions or features of the Nishtha Multiservice Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Nishtha Multiservice Platform or for any Nishtha Multiservice Service offered on or through the Nishtha Multiservice Platform, the latter terms shall control with respect to your use of that portion of the Nishtha Multiservice Platform or the specific Nishtha Multiservice Service.
Nishtha Multiservice may make changes to any Nishtha Multiservice Services offered on the Nishtha Multiservice Platform, or to the applicable terms for any such Nishtha Multiservice Services, at any time, without notice. The materials on the Nishtha Multiservice Platform with respect to the Nishtha Multiservice Services may be out of date, and Nishtha Multiservice makes no commitment to update the materials on the Nishtha Multiservice Platform with respect to such Nishtha Multiservice Services. The following terms also govern and apply to your use of the Nishtha Multiservice Platform, and they are incorporated herein by this reference:
Nishtha Multiservice Platform Services, Participating Platforms
Nishtha Multiservice services offers you the convenience, after a one-time registration any Nishtha Multiservice Platform, to sign on (log in) to all web pages and online platforms operated by Nishtha Multiservice or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time.
After successfully registering for the Nishtha Multiservice Service, the user can log-in via each Participating Platform with his Nishtha Multiservice access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations).
The Participating Platforms that offer the Nishtha Multiservice as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Nishtha Multiservice’s service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions.
These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Nishtha Multiservice is solely responsible only for those content that it actually operates. For the Nishtha Multiservice service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The Nishtha Multiservice shall be owned and operated by Nishtha Multiservice Solutions Pvt. Ltd. for use on all Participating Platforms, by Nishtha Multiservice or its affiliates. For the use of Nishtha Multiservice’s service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the Nishtha Multiservice service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the Nishtha Multiservice service or to disclose them otherwise.
The user is obliged to inform Nishtha Multiservice immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our Nishtha Multiservice service (hereinafter the Nishtha Multiservice Agreement). Our offer for the conclusion of the Nishtha Multiservice Agreement is then affected by the fact that Nishtha Multiservice sends the user a confirmation by e-mail, in which a confirmation link is included next to the user name and the password for the Nishtha Multiservice Service.
By the user clicking on this confirmation link, the user accepts Nishtha Multiservice’s offer, so that in this way the Nishtha Multiservice Agreement enters into force. Conclusion of the Nishtha Multiservice Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. Nishtha Multiservice is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Nishtha Multiservice) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.
COMMUNICATION POLICY
By accepting the T&Cs, you accept the following: 1. Nishtha Multiservice may send alerts to the mobile phone number provided by you while registering with the Nishtha Multiservice Platform for the TRANSFER service or on any updated mobile number subsequently provided by you on the Nishtha Multiservice Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then you may not get the alert at all or get delayed messages.
2. Nishtha Multiservice will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that you shall have received the information sent from Nishtha Multiservice as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Nishtha Multiservice Platform or availing any Nishtha Multiservice Services. Nishtha Multiservice shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Nishtha Multiservice liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
3. The SMS/e-mail alert/push notification service provided by Nishtha Multiservice is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that you observe any error in the information provided in the alert, Nishtha Multiservice shall be immediately informed about the same by you and Nishtha Multiservice will make best possible efforts to rectify the error as early as possible. You shall not hold Nishtha Multiservice liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.
4. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Nishtha Multiservice shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
5. You will indemnify and hold harmless Nishtha Multiservice and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Nishtha Multiservice or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
(i) misuse by you or improper or fraudulent information provided by you;
(ii) incorrect number or a number that belongs to an unrelated third party provided by you; and/or
(iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Nishtha Multiservice and/or the SMS/e-mail service provider.
6. You will receive information via SMS, e-mail and phone calls regarding what Nishtha Multiservice perceive to be of your interest based on your usage history and browsing history (which information may be shared by Nishtha Multiservice with its affiliates). This includes providing information relating to offers, discounts and general information by Nishtha Multiservice. In case you do not want such information, you have to explicitly ask to be excluded.
Use of Nishtha Multiservice Platform
You understand that except for information, products or services clearly indicated as being supplied by Nishtha Multiservice, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Nishtha Multiservice cannot and does not guarantee or warrant that files available for download through the Nishtha Multiservice Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for accuracy of data input and output.
PROHIBITED CONDUCT
By accessing or using the Nishtha Multiservice Platform or by availing Nishtha Multiservice Services, you agree not to: 1. Violate the T&Cs; 2. Impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Nishtha Multiservice Services, perform any other similar fraudulent activity or otherwise avail Nishtha Multiservice
Services with what we reasonably believe to be potentially fraudulent funds; 3. Infringe our or any third party’s intellectual property rights, rights of publicity or privacy; 4. Use the Nishtha Multiservice Services if you are under the age of 18 years without a parental sponsor or, in any event, use the Nishtha Multiservice Services if you are under the age of 13 years old even with a parental sponsor and in accordance with applicable law; 5. Post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person; 6. Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature; 7. Refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to Nishtha Multiservice; 8. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Nishtha Multiservice Services and the Nishtha Multiservice Platform or features that enforce limitations on the use of the Nishtha Multiservice Services or the Nishtha Multiservice Platform; 9. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Nishtha Multiservice Services or Nishtha Multiservice Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law; 10. Use the Nishtha Multiservice Services or the Nishtha Multiservice Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Nishtha Multiservice Services or the Nishtha Multiservice Platform in an automated manner; 11. Modify, adapt, translate or create derivative works based upon the Nishtha Multiservice Services and the Nishtha Multiservice Platform or any part thereof, except and only to the extent that that this is permissible by applicable law; 12. Intentionally interfere with or damage operation of the Nishtha Multiservice Services or the Nishtha Multiservice Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features; 13. Use any robot, spider, other automatic device, or manual process to monitor or copy the Nishtha Multiservice Platform without prior written permission; 14. Interfere or disrupt the Nishtha Multiservice Platform or networks connected to the Nishtha Multiservice Platform; 15. Take any action that imposes an unreasonably or disproportionately large load on Nishtha Multiservice’s infrastructure/network; 16. Use any device, software or routine to bypass the Nishtha Multiservice Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Nishtha Multiservice Services; 17. forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Nishtha Multiservice Platform or to manipulate your presence on the Nishtha Multiservice Platform; 18. Sell the Nishtha Multiservice Services, information, or software associated with or derived from it; 19. Use the facilities and capabilities of the Nishtha Multiservice Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others; 20. Breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs; 21. Provide false, inaccurate or misleading information; 22. Use the Nishtha Multiservice Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Nishtha Multiservice Platform, except and only as expressly provided in the T&Cs; 23. Avail Nishtha Multiservice Services with what Nishtha Multiservice reasonably believes to be potentially fraudulent funds; 24. Use the Nishtha Multiservice Services in a manner that results in or may result in complaints, disputes, reversals, charge-backs, fees, fines, penalties and other liability to Nishtha Multiservice, a third party or you; 25. Use the Nishtha Multiservice Services in a manner that Nishtha Multiservice or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules; 26. Take any action that may cause Nishtha Multiservice to lose any of the Nishtha Multiservice Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers; 27. Send automated request of any kind to the Nishtha Multiservice Platform without express permission in advance from Nishtha Multiservice.
TERMINATION; AGREEMENT VIOLATIONS
You agree that Nishtha Multiservice, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Nishtha Multiservice Services/Nishtha Multiservice Platform and remove and discard on the Nishtha Multiservice Platform all or any part of your account, your user profile, or your recipient profile, including your SSOID, at any time. Nishtha Multiservice may also in its sole discretion and at any time discontinue providing access to the Nishtha Multiservice Services, or any part thereof, with or without notice. You agree that any termination of your access to the Nishtha Multiservice Services/Nishtha Multiservice Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Nishtha Multiservice will not be liable to you or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Nishtha Multiservice may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Nishtha Multiservice Services/Nishtha Multiservice Platform.
LIMITATION OF LIABILITY AND DAMAGES
In no event, Nishtha Multiservice or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Nishtha Multiservice Services, the Nishtha Multiservice Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Nishtha Multiservice Services, the Nishtha Multiservice Platform (including any and all materials) or any reference sites/app/platform/service, even if Nishtha Multiservice or a Nishtha Multiservice authorized representative has been advised of the possibility of such damages. In no event, Nishtha Multiservice or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Nishtha Multiservice Services, the Nishtha Multiservice Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Nishtha Multiservice services, the Nishtha Multiservice Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Nishtha Multiservice, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Nishtha Multiservice Service or the Nishtha Multiservice Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that Nishtha Multiservice has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Nishtha Multiservice, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Nishtha Multiservice. Nishtha Multiservice would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Nishtha Multiservice’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
INDEMNIFICATION
You agree to indemnify, save, and hold Nishtha Multiservice, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) your use or misuse of the Nishtha Multiservice Services or of the Nishtha Multiservice Platform; (ii) any violation by you of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by you herein (iv) Contractors, agents and distributors indemnify all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to retailers and vice-versa. Nishtha Multiservice reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Nishtha Multiservice, including rights to settle, and you agree to cooperate with Nishtha Multiservice’s defense and settlement of these claims. Nishtha Multiservice will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
DISCLAMER; NO WARRANTIES
To the fullest extent permissible pursuant to applicable law, Nishtha Multiservice and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Nishtha Multiservice or through the Nishtha Multiservice Services or the Nishtha Multiservice Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “Nishtha Multiservice” includes Nishtha Multiservice’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You acknowledge that Nishtha Multiservice is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the Nishtha Multiservice Services on the Nishtha Multiservice Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Nishtha Multiservice does not warrant that the Nishtha Multiservice Services will be uninterrupted or error-free or that defects in the site will be corrected. The Nishtha Multiservice Services and the Nishtha Multiservice Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Nishtha Multiservice, and its third party suppliers, licensors, and partners do not warrant that the data, Nishtha Multiservice software, functions, or any other information offered on or through the Nishtha Multiservice Services/Nishtha Multiservice Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Nishtha Multiservice and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Nishtha Multiservice Services/Nishtha Multiservice Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise.
You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Nishtha Multiservice Services/Nishtha Multiservice Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Nishtha Multiservice be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Nishtha Multiservice Platform.
OWNERSHIP; PROPRIETARY RIGHTS
The Nishtha Multiservice Services and the Nishtha Multiservice Platform are owned and operated by Nishtha Multiservice and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Nishtha Multiservice Services and the Nishtha Multiservice Platform provided by Nishtha Multiservice (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Nishtha Multiservice, all Materials, trademarks, service marks, and trade names contained on the Nishtha Multiservice Platform are the property of Nishtha Multiservice and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Nishtha Multiservice or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Nishtha Multiservice Services/Nishtha Multiservice Platform. Except as expressly authorized by Nishtha Multiservice, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Nishtha Multiservice reserves all rights not expressly granted in this Agreement. If you have comments regarding the Nishtha Multiservice Services and/or the Nishtha Multiservice Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Nishtha Multiservice, and shall assign to Nishtha Multiservice, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
MODIFICATION OF THIS AGREEMENT
Nishtha Multiservice reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Nishtha Multiservice Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the Nishtha Multiservice Platform, availing the Nishtha Multiservice Services or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Nishtha Multiservice Services/Nishtha Multiservice Platform. For certain changes, Nishtha Multiservice may be required under applicable law to give you advance notice, and Nishtha Multiservice will comply with such requirements. Your continued use of the Nishtha Multiservice Platform following the posting of changes will mean that you accept and agree to the changes.
NOTICE
Nishtha Multiservice may provide you with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Nishtha Multiservice Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Nishtha Multiservice must be sent by courier or registered mail to Nishtha Multiservice Khiron , Rae Bareli , Uttar Pradesh Pincode-229205
WAIVER
The failure of Nishtha Multiservice to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Nishtha Multiservice.
DISPUTE RESOLUTION
If any dispute, controversy or claim arises under this Agreement or in relation to any Nishtha Multiservice Service or the Nishtha Multiservice Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable Endeavour’s to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Nishtha Multiservice may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either you or Nishtha Multiservice may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to you or Nishtha Multiservice (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Nishtha Multiservice may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Nishtha Multiservice. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
GOVERNING LAW AND FORUM FOR DISPUTES
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Nishtha Multiservice must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
SEVERABILITY
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.