This Is The Official Website Of Terrafin Solutions Private limited (“Terrafin”),
231 Eden Au Lac, Old madras road, Binnamangala, Indiranagar, Bangalore 560038.
This Website https://Cheq.money/ that Terrafin May Specify From Time To Time, (“Website”) Is Owned And Operated By Terrafin. The Access To And Use Of This Website Is Subject To The Following Terms And Conditions Of Use (“Terms”). Please Read The Terms Very Carefully As They Shall Apply To All Users Of This Website. A User May Opt For Services Through This Website Only If He Accepts And Abides By All Of The Terms. Terrafin May Periodically Change These Terms Without Notice.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011 or any other applicable laws which requires the publishing of the rules and regulations governing the use and access of https://Cheq.money/ and the Cheq or Ace services (as defined below) or any other portal as may be launched by Terrafin Solutions Private Limited.
1.1. The terms and conditions mentioned in the User Terms (as defined below) constitute a contract between the User (as defined below) and Terrafin Solutions Private Limited, a company incorporated under the laws of India and having its registered office at 231, Eden Au Lac, Binnamangala, Indiranagar, Bangalore 560038 (“Cheq or Ace”) with respect to access to and use of the Services (as defined below) offered by Cheq or Ace, superseding any prior written or oral contracts in relation to the same subject matter herein.
1.2. Cheq or Ace is a payment solution which facilitates payments and acts as such by creating, hosting, maintaining, and providing Services to you via the internet. Cheq or Ace provides its Services to Users through the Cheq or Ace App (“App”), which acts as a container for various payment instruments including but not limited to Wallet, Debit/Credit card, Unified Payment Interface (“BHIM UPI”) and External Wallets (hereinafter collectively referred to as “Services”).
1.3. Cheq-Transcorp PPI wallet is issued to all users who complete their full KYC. The terms and conditions of the PPI wallet specifically are listed below.
1.4. These terms and conditions under this agreement (“User Terms”) apply on your usage of our Services.
1.5. The term “User” shall mean any individual or entity as approved by Cheq or Ace.
1.6. The term “You / Your” refers to the User of the Services.
1.7. By availing the Services, (i) you confirm that you are eligible under applicable law to contract with Cheq or Ace, (ii) you agree to be bound by the terms and conditions of these User Terms, including all rules, guidelines policies, terms and conditions applicable to the Services, as may be modified by Cheq or Ace from time to time, and (iii) you consent to receive communications, notices and information from us through post or any other physical medium or electronically (whether through SMS, emails, phone calls and automated phone calls). Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number / details provided by you or any other third party during the sign-up process as per our records, or when we post the electronic communication on the App.
1.8. If at any time you do not agree with these User Terms, you shall immediately cease your use of the Services. Cheq or Ace reserves the right to amend, add or remove portions of these User Terms, from time to time, without notice to you by posting revised User Terms on the App. It is hereby clarified that you shall be responsible for reviewing these User Terms periodically and keeping yourself updated with any changes. Once posted, those changes are effective immediately, unless stated otherwise. Continued access or use of the Services constitutes your acceptance of the changes and the amended User Terms. However, if you do not agree with the changes, please do not use the Services or submit information to us.
2.1. The access to the Services is only available to persons who are competent to enter into legally binding contracts as per Indian Contract Act, 1872. If you access the Services,you,as a User, represent to Cheq or Ace that you are at least 18 years of age and competent to enter into legally binding contracts under Indian Contract Act, 1872.
2.2. You also represent that you are an Indian National having a tax residency in India.
2.3. It is hereby clarified that Cheq or Ace reserves the right to provide the Services to only those Users who are both competent to enter into legally binding contracts, have made the representations as provided above and also qualify under the internal policy for the same, determined solely by Cheq or Ace from time to time. Cheq or Ace shall have the sole right to change, modify, add or remove in whole or in part, the internal policy in relation to the provision of the Services at any time without any prior written notice of intimation to the Users and Cheq or Ace shall have the right to not entertain any request in relation to the same from the Users towards such Services without assigning any reason.
3.1. By using the Services you hereby acknowledge that Cheq or Ace is not a Merchant. Cheq or Ace only facilitates the payment and provides a hassle-free buying experience to the User on third party merchant shops, websites and applications (“Merchant”).
3.2. For the avoidance of any doubt, Cheq or Ace itself does not provide the goods and services offered by Merchants (“Products”). It is up to the Merchant to offer the Products, which may be requested through the Merchant’s shop, website or mobile application. The provision of the Products provided by the Merchant to you and any liability therefrom is therefore subject to the agreement (to be) entered into between you and the Merchant. Cheq or Ace is not privy to such agreement.
3.3. Cheq or Ace does not at any point of time during any transaction between User and Merchant, take the ownership of any of the Products provided by the Merchant nor does it at any point assert any rights or claims over the Products offered by Merchant to User.
3.4. For enabling the Services, Cheq or Ace may partner with one or more banks, financial institutions or other entities (“Financial Partner”). A part or whole of the Service may be provided by or delegated to, the Financial Partners. Further, the Service may also be linked, transferred or assigned to products provided by our Financial Partners and may reflect on your account or profile with our Financial Partners. Any linking or transfer to Financial Partners shall be made with your consent. Further, in case of bankruptcy or our failure to pay our creditors, our creditors shall have the rights to claim any dues owned by you in accordance with applicable law.
3.5. The User availing the Service shall be entitled to make the payment of the purchase price of the Products subject to monetary limit specified by Cheq or Ace or the amount approved or transferred into the User’s account, as the case may be (“Transaction Amount”). Cheq or Ace reserves the right to amend such monetary limit/ approve or reject funds in case of option as applicable to each User, at its sole discretion, for any reason whatsoever.
3.6. You hereby understand that when you apply for a monetary limit, Cheq or Ace, on behalf ofone or more lending partners, may check your records from time to time, amongst other things, with its own records, and any information as available to Cheq or Ace through any of its sources, including those at credit information companies (CICs); those at fraud prevention agencies (FPAs for assessing your credit worthiness, verifying identity to prevent and detect crime and money laundering, including information available with Experian Credit Information Company of India Private Limited and its affiliates in India. Refer Policy.
3.7. The User agrees and acknowledges that the payment of the Transaction Amount shall be made by the User to Cheq or Ace who is authorized by the Merchant and/ or Financial Partner to collect the Transaction Amount on behalf of the Merchant and/ or Financial Partner, as the case may be, in the manner specified by Cheq or Ace. By availing the Services you authorize Cheq or Ace or its authorized representatives to collect the Transaction Amount from you on behalf of the Merchant and process, facilitate and remit the payments to the Merchants selling the Products.
3.8. Upon selection of the Service option at the Merchant’s platform by the User, the User will be required to complete the transaction through one of the methods of authorization prescribed by Cheq or Ace from time to time, including but not limited to, entering the one-time password issued by Cheq or Ace to such User to complete the transaction (“Authentication Process”). Completion of the Authentication Process shall effectuate the transaction vis-à-vis the Merchant or the Merchant and the Financial Partners as the case may be and the transaction shall be deemed completed and the User hereby authorizes Cheq or Ace to deduct such Transaction Amount from the Cheq or Ace account upon completion of the Authentication Process.
3.9. For provision of the option of transfer of funds into the User’s bank account, User KYC will be collected and/ or validated. Bank account for credit of Cheq or Ace approved amount and repayment thereof, will be linked once the User accepts the credit agreement between the User, the Financial Partner and Cheq or Ace and allied terms and conditions governing such credit. Upon completion, the funds will be transferred into the User’s / Merchant’s bank account. The User hereby authorizes Cheq or Ace to deduct such Transaction Amount from the User’s Cheq or Ace account or the User’s bank account in which the Transaction Amount was collected. The User shall ensure that true and correct details are furnished to Cheq or Ace including all information required for the account opening process and the KYC process and such other information details and clarifications that Cheq or Ace may require from time to time.
3.10. Cheq or Ace shall maintain necessary records in respect of the transactions entered into by the User with the Merchants and amounts due in respect of Products and the User agrees to sharing of such records by Cheq or Ace with the Financial Partner or the Merchant in order to facilitate the Service. The User agrees that such records as maintained by Cheq or Ace shall be sufficient proof of the transactions entered into between the User and Merchants and the amounts due thereto, which the User shall not dispute.
3.11. Cheq or Ace reserves the right to change the nature of Services from time to time without any prior notice.
3.12.The User acknowledges and agrees that Cheq or Ace may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at Cheq or Ace’s sole discretion, without prior notice to you. You may stop using the Services at any time, provided that amounts that are due from you to Cheq or Ace under these User terms shall be discharged by you. You do not need to specifically inform Cheq or Ace when you stop using the Services.
3.13.The User acknowledges that each transaction shall be assessed by Cheq or Ace in accordance with its own internal standards for processing of such transactions and Cheq or Ace shall have the right to deny the processing of any transaction at its sole discretion.
3.14.The User acknowledges and agrees that you shall be solely responsible for immediately notifying Cheq or Ace of any change in the email address and/ or mobile number registered with Cheq or Ace. You further acknowledge and agree that you shall be solely liable for any losses, dispute and/ or fraudulent transactions undertaken on a Merchant platform due to your failure in complying with this clause or any other reason and Cheq or Ace shall have no liability in this regard.
3.15.You hereby agree and acknowledge that Cheq or Ace has been authorized by the Merchant and/ or Financial Partners, as the case may be, to collect the Transaction Amount on behalf of the Merchant and/ or Financial Partner, and you shall be liable to pay to Cheq or Ace the Transaction Amount in this regard. You hereby agree and acknowledge that upon authentication and completion of transactions, Cheq or Ace shall raise a statement on the User pertaining to the transactions undertaken by the User through Cheq or Ace (“Statement Amount”) specifying details pertaining to the timeline and manner in which the Statement Amount is required to be repaid by the User to Cheq or Ace, by email / SMS / any other medium as identified by Cheq or Ace, from time to time. You hereby agree, acknowledge and confirm that Cheq or Ace shall not be liable under any circumstances whatsoever in relation to non-delivery and/ or delay in receipt of the statement whether by email / SMS / any other medium as may be identified by Cheq or Ace, due to default/ non-delivery at the end of the third party telecom service providers.
3.16.It is hereby clarified that all Products made available to the Users through the Merchant are provided on an ‘as is’ and ‘as available’ basis without any representations and warranties, express or implied by Cheq or Ace. Cheq or Ace does not make any representations pertaining to the information, content, Products included or delivery of the Products made available to a User through the Merchant and only acts as an intermediary between the Merchant and the User. You hereby agree, acknowledge and confirm that Cheq or Ace is not responsible in any way for the Products purchased by you from the Merchant and it is explicitly agreed by you that Cheq or Ace will not in any way, under any circumstances whatsoever, be responsible or liable for the Product purchased by you from the Merchant and are/or in relation to any issue and/ or dispute thereof. You hereby further agree, acknowledge and confirm that under the aforesaid circumstances your only recourse will be against the Merchant and/ or the Financial Partner, and Cheq or Ace will not be made a party to any such issue and/ or dispute between yourself and the Merchant and/ or the Financial Partner, as the case may be.
3.17.You hereby acknowledge and agree that Cheq or Ace shall not be liable for failure of any transaction undertaken on the Merchant platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the Merchant, deficiency of service and/ or products delivered, or technical errors on the Merchant platform. You further acknowledge that Cheq or Ace shall not be responsible in any manner whatsoever for any loss incurred by you for a failed / incomplete transaction undertaken by you using our Services.
4.1.The User shall make payments for the purchases made via the Service in the following manner:
4.1.1.For purchases made between the 1st and 15th of a month, the payment will be made by the 20th of that month or any later date as maybe be intimated by Cheq or Ace. 4.1.2.For purchases made between the 16th and 30th of a month, the payment will be made by the 5th of the following month or any later date as maybe be intimated by Cheq or Ace.
4.2.The User shall have the option to pay the Statement Amount through the payment methods specified by Cheq or Ace. You hereby further agree to not use any payment method other than the payment methods prescribed and permitted by Cheq or Ace for the purpose of paying the Statement Amount and/ or any other amount due and outstanding to Cheq or Ace.
4.3. The User hereby agrees and acknowledges that the due date specified in the Statement for payment of the Statement Amount is the date by which the Statement Amount should be credited to Cheq or Ace’s account. You hereby agree and acknowledge that you shall be solely liable for any delay caused in payment of the Statement Amount due to the time taken for settlement and clearing of the Statement Amount from the account of the User to the Cheq or Ace’s account.
4.4 Cheq or Ace shall issue reminders to the User post issuance of the Statement in relation to the Statement Amount due and payable by such User. In the event the User fails to make the payment within the timeline specified in the Statement, the User shall be issued a written reminder within 3 days of the due date. In the event you fail to make the payment within the period specified in such written reminder, Cheq or Ace shall send you a final intimation in writing informing you regarding the amounts so due by you and the steps Cheq or Ace shall take to realise the same from you on behalf of the Merchant.
4.5.In this regard you hereby agree and acknowledge that in the event the Statement Amount is not credited to Cheq or Ace’s account by the payment date specified in the Statement, Cheq or Ace shall have the right to impose a fine of INR 10 per day of delay per billing cycle of the User. You hereby undertake that you will not raise any objections against any imposition of fine. Cheq or Ace may, at its sole discretion waive such fine imposed on the User. You hereby consent and agree that Cheq or Ace, acting on behalf of the Merchant and/ or Financial Partners shall realise or set-off the Statement Amount from you by any one of the following methods:
4.5.1.Setting off the amounts due against any amounts lying in your account; and/ or
4.5.2.By charging / debiting any other payment instrument like a designated credit card or a designated debit card under your name; and/or
4.5.3.By debiting your bank account in which the Transaction Amount was credited; and/ or
4.5.4.Engaging any person at your sole risk and cost, to collect the amount due from you.
4.6. You hereby acknowledge and agree that Cheq or Ace may share any and/ or all the information provided by you to Cheq or Ace to any service provider, Financial Partner and/ or government agency for the purpose of providing the Services including but not limited to realising the amounts due and payable to Cheq or Ace by you in relation to the Services. Similarly, Cheq or Ace also reserves the right to pull information from any service provider, Financial Partner, and/ or government agency for the purposes of offering Services. Further, Cheq or Ace may share any and/ or all the information provided by you to Cheq or Ace to any third party including any agency or bureau in relation to any default payment status and default in meeting your obligations in the manner contemplated in these User Terms.
4.7.In the event a User fails to pay the Statement Amount for a period of 30 days from the date such Statement Amount becomes due, Cheq or Ace shall have the right to suspend the account of such User and notify the Merchant and Financial Partner regarding the suspension of the User’s account and take any other legal recourse against you.
5.1 Cheq or Ace collects general user data including name, email-id, phone number etc. to facilitate Services by creating an account of the User on the App in accordance with applicable laws. Cheq or Ace also collects relevant user data from the Merchants to facilitate the Service efficiently. The collection, verification, audit and maintenance of correct and updated User information is a continuous process and Cheq or Ace reserves the right, at any time, to take steps necessary to ensure User’s compliance with all relevant and applicable KYC requirements, if any.
5.2.You agree that all information provided by you for signing up on the App is correct, accurate current and complete. Cheq or Ace shall have the right to suspend or terminate your account without any prior notice to you, and refuse any and/ or all use, either present or future, of the Services if the information provided by you is untrue, inaccurate, not current or complete.
5.3.User account bearing details provided by the User are created and owned by Cheq or Ace. You hereby confirm that you have no objection to receive any promotional discounts, offers, marketing material, promotional material and any other form of communication from Cheq or Ace and/ or Financial Partner in such form as may be determined by Cheq or Ace.
5.4.In the case where the system is unable to establish unique identity of the User against the details provided to Cheq or Ace, the account shall be indefinitely suspended. Cheq or Ace reserves the full discretion to suspend a User’s account in the above event and does not have the liability to share any account information whatsoever.
5.5.You further agree that such personal information may be displayed, automatically or otherwise, upon login to your account and for initiating any transaction. Please know that your information including personal information and information required to service your account is readily available on the App and only viewable by you by logging onto the App.
5.6.It may be noted that Cheq or Ace handles all such information, including personal information in accordance with the provisions of the applicable law as may be applicable from time to time and only for the duration lawfully required thereunder.
5.7.You hereby specifically agree that you shall at all times comply with the requirements of the Information Technology Act, 2000, and also the rules, regulation, guidelines, byelaw, and notifications made thereunder.
6.1.Users agree to use the Services only for purposes that are permitted by these User Terms and any applicable laws as amended from time to time for the time being in force.
6.2.By using the App, you agree not to:
6.2.1.Authorize others to use your account;
6.2.2.Assign or otherwise transfer your account to any third person or legal entity; 6.2.3.Use the Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
6.2.4.Use the Service for the purpose of Peer to Peer Lending;
6.2.5.Use the Service to cause nuisance, annoyance or inconvenience;
6.2.6.Use the Service with an incompatible or unauthorized device;
6.2.7.Impair the proper operation of the network and/or interfere with or disrupt the integrity or performance of the Service;
6.2.8.Reverse engineer or access the Service in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the App or copy any ideas, features, functions or graphics of the App.
6.2.9.Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service;
6.2.10.Try to harm the Service in any way whatsoever;
6.2.11.Disclose information designated as confidential by Cheq or Ace, without Cheq or Ace’s prior written consent; and
6.2.12.Copy or distribute the Service or other Cheq or Ace content without written permission from Cheq or Ace.
6.3.You are solely responsible for any breach of your obligations under these User Terms (including financial obligations) and for the consequences (including any loss or damage which Cheq or Ace may suffer) of any such breach.
7.1.In the event of cancellation or refund in relation to a transaction undertaken by the User using our Services, such User will continue to be liable for paying the Statement Amount to Cheq or Ace within the timelines specified by Cheq or Ace.
7.2.You hereby undertake and agree to pay the Statement Amount within the timeline specified irrespective of cancellation / refund of a transaction. Cheq or Ace hereby undertakes and agrees that in the event of a cancellation / refund request being made by the User in accordance with the terms of the Merchant platform, the refund transaction amount (less cancellation charges, if any) (“Refund Amount”) shall be credited to the User’s account within the timelines agreed with the Merchant and subject to availability of funds of the Merchant.
7.3.You hereby acknowledge and agree that Refund Amount can only be utilised by the User to make payments to Cheq or Ace in the future against the use of our Services from time to time. It is hereby clarified that the User shall not have the right to transfer or withdraw the Refund Amount or use the Refund Amount in relation to any other services rendered by Cheq or Ace. You hereby agree, acknowledge and confirm that the Refund Amount will be credited to a designated bank account, a designated credit card account or any other designated financial account other than your account with us solely at the discretion of Cheq or Ace.
8.1. Cheq or Ace shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of the Products offered by Merchant or due to the failure of Merchant to provide Product to the Users for any reason whatsoever including but not limited to the User’s non-compliance with the Service’s terms, malfunction, partial or total failure of any network terminal, data processing system, computer telecom transmission or telecommunications system or other circumstances whether or not beyond the control of Cheq or Ace or any person or any organization involved in the above mentioned systems.
8.2. Cheq or Ace will not be liable for any damages of any kind arising from the use of the Products offered by the Merchant including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
8.3. Cheq or Ace shall not be liable for any content that you may find indecent, offensive or objectionable. You shall use the Services at your own risk.
8.4. Cheq or Ace will not be held liable for any such compensation on account of the Merchant not meeting expectations of Users.
8.5. Cheq or Ace shall not be liable for any conduct of the Merchant or the Financial Partner. Cheq or Ace encourages Users to notify any complaints that User may have against any Merchant, directly to such Merchant.
8.6. No advice or information, whether oral or written, obtained by you from Cheq or Ace or through or from the Services shall create any warranty not expressly stated in the terms.
8.7. Cheq or Ace disclaims any and all liability in respect of the Merchant and their Products provided thereof.
8.8. User agrees to indemnify and keep Cheq or Ace, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Cheq or Ace or its affiliated companies related to any User content posted or transmitted by User during the use of the App or Service or any unauthorised use of the App or Service in contravention of these User Terms.
9.1 Cheq or Ace may forthwith terminate and/ or suspend, in whole or in part, these User Terms, App or Services provided hereunder, for any reason including for reasons of breach of these User Terms.
9.2.Your sole right to terminate these User Terms is by deleting your account with us.
9.3.In the event of termination of these User Terms by Cheq or Ace or the User, the User shall be liable to pay the amounts due to Cheq or Ace under these User Terms, as per the Statement raised by Cheq or Ace till date of such termination.
10.1. These User Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Mumbai shall have exclusive jurisdiction over any dispute arising from or relating to the User Terms and/or the App.
10.2. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.
11.1. All notices, requests, demands, waivers, complaints, queries and other communications required or permitted to be given hereunder in relation to the Services under these Users Terms shall be emailed at firstname.lastname@example.org, if to Cheq or Ace, and if to the User, it shall be to the address registered with Cheq or Ace. Any other notices, requests, demands, waivers, complaints, queries and other communications arising out of any Merchant’s acts or omissions whatsoever including but not limited to deficiency of service, quality, merchantability of products or services, shall be resolved between the User and the Merchant only, and Cheq or Ace shall have no responsibility or liability whatsoever in this regard.
12.1 Cheq or Ace is the sole owner or lawful licensee of all the rights to the App and its content. App content means its design, layout, text, images, graphics, sound, video etc. The App content embodies trade secrets and intellectual property rights protected under worldwide copyright and other applicable laws. All title, ownership and intellectual property rights in the App and its content shall remain with Cheq or Ace, its affiliates or licensor’s of Cheq or Ace content, as the case may be.
12.2. These User Terms do not constitute a sale and do not convey to User any rights of ownership in or related to the App, or any intellectual property rights owned by Cheq or Ace.
12.3. All rights not otherwise claimed under this contract are hereby reserved. The information contained in this App is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Cheq or Ace does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the ”Content”) contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this App, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Services provided through the online technology platform. Cheq or Ace reserves the right to make changes and corrections to any part of the Content of this App at any time without prior notice.
12.4. Cheq or Ace accepts no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information on this App is provided ”as is” and ”as available” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Cheq or Ace be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this App must hereby acknowledge that any reliance upon any content shall be at their sole risk. Cheq or Ace reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. It reserves the right to moderate, publish, re-publish, and use all user generated data, contributions and comments (including but not limited to reviews, comments, likes, favourites, votes) posted on the App as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. It is not liable to pay royalty to any user for re-publishing any content across any of its platforms.
12.5. Cheq or Ace reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Services or the App.
12.6. All related icons and logos are registered trademarks or service marks of Cheq or Ace in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights applicable laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
12.7. All content on the App and Service is the copyright of Cheq or Ace except the third party content and any link to third party website on our App.
12.8. Any systematic retrieval of Cheq or Ace content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Cheq or Ace is prohibited.
12.9. In addition, use of the content for any purpose not expressly permitted in this agreement is prohibited and may invite legal action. As a condition of your access to and use of Cheq or Ace’s Services, you agree that you will not use the App and/or Service to infringe the intellectual property rights of others in any way. Cheq or Ace reserves the right to terminate the account of a User(s) upon any infringement of the rights of others in conjunction with use of Cheq or Ace’s Service, or if Cheq or Ace believes that User’s conduct is harmful to the interests of Cheq or Ace, its affiliates, or other Users, or for any other reason in Cheq or Ace’s sole discretion, with or without cause.
13.1. These User Terms may be varied, amended or modified, in whole or in part by Cheq or Ace at any time without notice to the Users.
13.2. These User Terms constitute a principal-to-principal relationship between Cheq or Ace and the Users and do not attempt to create any agency relationship. The Services are being rendered by Cheq or Ace as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between Cheq or Ace and the Users hereto or any affiliates or subsidiaries thereof or to provide either Cheq or Ace or the User with the right power or authority, whether express or implied to create any such duty or obligation on behalf of the other party, i.e. either Cheq or Ace or the User.
13.3. Cheq or Ace may assign in whole or in part the benefits or obligations of these user Terms to its associates of affiliates of other group company. or any other company, in circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its or something of the nature. Cheq or Ace shall not require approval or consent of the User. Cheq or Ace can at its discretion provide an intimation of such assignment to the Users. However, the User shall not assign, in whole or in part, the benefits or obligations of these User Terms, without the prior written permission of Cheq or Ace
13.4. Cheq or Ace shall not be liable for its failure to perform under these User Terms as a result of occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of Cheq or Ace, payment gateways or Merchant.
13.5. Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
13.6. The terms and provisions of these User Terms by their nature and content are intended to survive the performance hereof by any or all parties hereto shall so survive termination.
13.7. If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid If any court/tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
13.8. The User warrants that it shall not directly or indirectly solicit for employment, nor offer employment to nor enter into any contract of services with any person employed by Cheq or Ace
13.9. By clicking on the tab/button/ checkbox of Cheq or Ace option or any other button/checkbox/confirmation of similar nature or by the virtue of usage of App and Services or continued usage thereof:
13.9.1.You confirm that you are eligible under applicable law to contract;
13.9.2.You consent to conduct transactions, accept these User Terms as displayed on the App;
13.9.3.You consent to receive communications, notices and information from us physically/ electronically, whether by email or other electronic means.
13.10.It is agreed and clarified that the arrangement set out by these User Terms between Cheq or Ace and Users is on a non-exclusive basis.