Description of Service and Acceptance of Terms of Use
Lexep services LLP is a company incorporated under Limited Liability Partnership Act, 2008, having its registered office at Jaipur, Rajasthan, India. Lexep Services LLP provides an online website ‘www.mybachatcard.com‘ as an interactive platform for its users to carry on the business of e-commerce services for sales, purchase, distribution, marketing, import, export of all kinds consumer goods including but not limited to electric vehicles, solar photovoltaic system, agricultural products and items relevant to electric vehicles and solar photovoltaic system and to market and trade through E-commerce, including any other media and research services.
Electronic Communications
When You use / avail the Services or send any data, information or communication to Lexep, You agree and understand that You are communicating with Lexep through electronic media/ records and You consent to receive communications via electronic records from Lexep periodically and as and when required. Lexep will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with Lexep or made available to Lexep through a Partner which will be deemed adequate service of notice / electronic record.
You acknowledge and specifically consent to Lexep or our respective affiliates and partners contacting you using the contact information you have provided to us at any time during your association with us for any purpose including the following purposes, which will enable Lexep to deliver the Services to you and/or enhance the delivery of the Services to you:
You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by You including via emails or other electronic and internet-based means.
In addition, you will be sent a one-time password via SMS to your registered mobile number, to verify your signup/login on the Site using a mobile number.
Subscription Services
Products / Services made available on the Site can be availed only by registered Users who have registered under a subscription model (“Subscription User”). You may need to register Yourself on the Site to avail these services on a subscription model (“Subscription”). To become a Subscription User, You may be required to provide certain personal information to Lexep and may be required to make payments (“Subscription Fee”) as per the applicable membership plan through a debit card, credit card, internet banking or through, e- prepaid wallet or other payment method accepted by Lexep (“Payment Method(s)”) that You opted for during registration. Lexep will be using third party payment gateways to process and facilitate the payment of Your Subscription Fee to Lexep.
Any personal data whether provided by you as a part of the Subscription registration process, or collected automatically when you use the Service will be governed by the Privacy Policy accessible at here.
The Subscription Fees specified for each Subscription plan, as the case may be are inclusive of applicable taxes.
The Subscription Fees billed are non-refundable irrespective of whether the Subscription has been availed by You or not.
We reserve the right to change our charges and payment terms at any time provided however that the new charges will not be applicable to accounts registered before the change notified. We shall not be responsible for any Service that is not provided to you if you fail to pay the applicable charges for the same.
You also understand and acknowledge that Lexep only facilitates the third-party payment gateway for processing of payments. This
facility is managed by the third-party payment gateway provider and You are required to follow all the terms and conditions of such third-party payment gateway provider. We don’t control and are not liable for the security or performance of the payment gateway. You agree to pay us, through the payment gateway, all charges at the rates then in effect for any purchase in accordance with the applicable payment terms. We reserve the right to correct, any errors or mistake, even if payment has already been requested or received.
We do not store any payment details including but not limited to net banking, Credit card or Debit card details.
You are responsible for the accuracy and authenticity of the payment information provided by You, including the bank account number/credit card details and any other information requested during the subscription process. You represent and warrant that you have the right to use any credit card or other payment information that you submit. You agree and acknowledge that Lexep shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment Instruction or any credit card fraud.
You can file any complaint related to payment processing on the Site and the same will be forwarded to the concerned third-party payment gateway provider for redressal.
Upon payment being received by Lexep through any of the Payment Method, Lexep shall make the relevant Subscription available to You through any of the approved modes of delivery that Lexep adopts.
It is hereby clarified that the Subscription(s) offered to You are offered by Lexep and not by any third party including any payment
gateway service providers.
Access and Use of the Services
By accessing or using the Services:
You may encounter third party applications while using the Site including, without limitation, websites, widgets, software, services that interact with the Site. Your use of these third-party applications shall be subject to such third-party terms of use or license terms. Lexep shall not be liable for any representations or warranties or obligations made by such third-party applications to You under contract or law.
Termination of Service
Lexep reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Product at any time, without notice or liability, if Lexep so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that Lexep can, at its sole discretion, exercise its right in relation to any or all of the above, and that Lexep, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same. You hereby also agree that Lexep shall not refund any amounts that you may have paid to access and/or use the Services.
Advertising Policy
Lexep expressly disclaim any liability arising out of the advertisements, usage or viewing of these products or services advertised on our Site or the (third party) content made available / hosted on the third-party sites.
Lexep takes no responsibility for advertisements or any third-party material posted on the Site nor does it take any responsibility for
the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Lexep is not liable for any loss or claim that You may have against an advertiser.
Support
Site or Services
If You have any questions with respect to the Site and/or Services and/or Products, then such correspondence should be directed to Lexep Services LLP at – info@mybachatcard.com
Indemnity
You agree to defend, indemnify and hold harmless Lexep, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.
Governing Law and Jurisdiction
The relationship between You and Lexep shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) Lexep has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by You shall be exclusively before the courts at Jaipur, India.
Severability
If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered
severable from the remaining provisions, and the remaining provisions given full force and effect.
Changes
Lexep reserves the right, at any time and from time to time, without prior notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as “Revised Terms”) will be posted on the Site and will be effective immediately after such posting. We recommend that you periodically check the Site for the Revised Terms Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Revised Terms.
Entire Agreement
These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Lexep governing Your use of the Services, superseding any prior agreements between You and Lexep regarding such use. Further, Your acceptance of these Terms constitutes a valid and binding agreement between You and Lexep. Should these Terms require to be stamped under any applicable stamp duty laws, You should bear such stamp duty payable and comply with relevant stamping obligations.