• This is a legal and binding agreement between you, the user (“User” or “You”) of the Services, as defined below, and Lexep Services LLP stating the terms that govern Your use of the Site (as defined below), as defined below. BY ACCEPTING THESE TERMS OF USE IN ANY MANNER OR ACCESSING THIS WEBSITE, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE TERMS OF USE and the Privacy Policy respectively and any other terms which govern the Site (together referred to as “Terms of Use” or “Terms” or “Terms and Conditions”) AND IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT ENTITLED TO AVAIL OF / USE THE SERVICES AND ANY USE THEREAFTER SHALL BE UNAUTHORIZED.

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:

• To obtain feedback regarding the Service.
• To contact you for offering new products or services, whether offered by us, or our respective affiliates or partners.

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 confirm and warrant that all the data and information You supply to Lexep and or any Lexep’s affiliates (“Registration Data”) is and accurate in all respects.
• You agree to promptly update Your Registration Data as necessary, so that Your Registration Data remains accurate at all times.
• Lexep may temporarily suspend your access to the whole or any part of the Services, where Lexep in its discretion considers that it is reasonably necessary. Where possible, Lexep will give You as much notice of any interruption of access to the Services as is reasonably practicable. Lexep will use reasonable efforts to restore access to the Services as soon as reasonably practicable after temporary suspension.
• You acknowledge and agree that Your Registration Data and any other personal data collected by Lexep is subject to Lexep’s Privacy Policy. For more information, view the full Privacy Policy. Lexep may collect information such as national ID, language, pincode, area code, unique device identifier, mobile application installation information, geo-location, and the time zone where the Services are used and may use these to target advertising and make content recommendations, and to provide you with a bespoke and personalized user experience.
• You acknowledge, consent and agree that Lexep may access, preserve, transfer and disclose Your account information and/or User Material (see below) subject to the Privacy Policy, if required to do so by law to co-operate with mandated government and law enforcement agencies or to any private parties by an order under law for the time being in force to enforce and comply with the law including to various tax authorities upon any demand or request by them or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process and/or any applicable law in the territory; (b) enforce the Terms and Conditions; (c) respond to Your requests for customer service; or (d) protect the rights, property or personal safety of Lexep, affiliates, its users and the public.
• You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right under applicable law.
• You agree that Lexep and/or its affiliates or licensors owns and/or retains all rights to the Services and the Products throughout the territory of the world in perpetuity. You further agree that the Products You access as part of the Services is owned or controlled by Lexep, its affiliates and or its licensors. The Services and the Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.
• You agree that third parties and/or its affiliates or licensors owns and/or retains all rights to the Third Party Content. The Third Party Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.
• Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Services or the Site;
  – Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If You do so, You acknowledge You will have caused substantial harm to Lexep, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, You agree to pay Company INR 1000 (Indian rupees one thousand only) for each actual or intended recipient of such communication without prejudice to any other rights of action that Lexep may have against You in law or equity;
  – Solicit, collect or request any personal information for commercial or unlawful purposes;
  – Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Products; or building a business using the Product without Lexep’s prior written consent;
  – Defame any Products/Services of Lexep in any manner;
  – Use technology or other means to access, index, frame, or link to the Site that is not authorized by Lexep;
  – Access the Site/application/Service (including the Product) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  – Use the Services to advertise or promote competing services;
  – Use the Services in a manner inconsistent with any and all applicable law;
  – Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
• You are responsible for the security and proper use of Your unique user ID and password that You enter while registering on the Site or on the Partner’s website or application and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people. You are responsible for any use of your user ID and password. You must promptly notify Lexep if you become aware of any confidentiality breach or unauthorized use of your user account.

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.