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//Terms & Conditions
TERMS OF USE & SERVICE
Effective date: 28 July 2023

Terms of Use &Service needs to be read, understood & agreed by a user before using our Mobile App / Website and initiating any kind of transaction with us.

This web site, www.acostechnology.com is published and maintained by Acos Ecomshop Technology Private Limited www.acostechnology.com and its Mobile App / Website is the flagship brand of Acos Ecomshop Technology Private Limited

Site and its Contents:

Ownership:

All materials on this website, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by applicable copyright and other copyright laws. User cannot use the Content, except as specified herein. The User agrees to follow all instructions on this website limiting the way the User may use the Content. There are number of proprietary logos, service marks and trademarks displayed on this website whether owned/used by Acos or otherwise. By displaying them on this website, Acos is not granting to User any license to utilize those proprietary logos, service marks, or trademarks, in any manner whatsoever.

Devices:

The User agrees that User will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. APP User agrees that User will not use any device, software or routine to interfere or attempt to interfere with the proper working of this website. User agrees that User will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Transmitted Material:

Internet transmissions are never completely private or secure. All the contents of this website belong to Acos Ecomshop Technology Private Limited, accordingly Acos Ecomshop Technology Private Limited reserves all the rights. Copying of part or all the contents of this website without permission of Acos Ecomshop Technology Private Limited is prohibited except to the extent that such copying/printing is necessary for the purpose of availing the service opted by the user for his/her convenience.

Modifications:

Acos Ecomshop Technology Private Limited may add to, change or remove any part of these terms and conditions at any time, without notice. Any changes to these terms and conditions or any terms posted on this website will become applicable as soon as they are posted. By continuing to use this website after any changes, the User is indicating the acceptance of those changes. Acos Ecomshop Technology Private Limited may add, change, discontinue, remove or suspend any other Content posted on this website, including Mobile App / Website features and specifications, subscription details, condition of Mobile App / Website using approval, process flow depicted on the website, temporarily or permanently, at any time, without notice and without any liability. Acos reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Acos systems remain, well–protected. Towards this end, Acos may take various steps to verify and confirm the authenticity, enforce-ability and validity of the transactions committed by the User.

Acos Recharges:

Acos is providing recharge services of various prepaid and postpaid mobile phones, DTH just as a reseller only. Acos is not a telecommunication company/service provider or DTH service provider and is only a reseller of prepaid, postpaid mobile and DTH services provided by telecommunications and DTH service providers or other distributors or aggregators of such service providers. Acos does not provide any warranty or guarantee for the services provided by the service provider(s). Recharge sold by us to User is sold without recourse against us for any breach of contract by the telecommunications service provider. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between User (or the recipient of the Recharge) and the telecommunications service provider.

Domestic Money Remittance:

a)         Acos shall not be responsible in any manner whatsoever for any delay in domestic money remittance services due to reasons attributable to the Bank/ NPCI/ RBI or any statutory/governmental authority.

b)         User hereby agrees to be bound by all the terms and conditions as applicable on Acos, in its Agreement with the Bank/Service Provider for domestic money remittance services.

c)         Acos trusts that the KYC provided by the User to Acos are duly self attested, true and authentic.

d)         User shall ensure that the amount, with which User uploads his wallet with Acos, is not obtained from proceeds of any crime.

e)        For any APP issues/queries please only contact us at info@acostechnology.com and we will aim to resolve your issue in 48-72 working hours. We do not entertain any phone calls for any issues/queries.

f)        Money Transfer to Bank : There will be some limit for transaction per month which will be finalized by Acos for Premium Subscription Plan for domestic Money Transfer. Simply email us at info@acostechnology.com, and an account advisor will contact you regarding Acos premium Subscription Plan for Money Transfer

User’s Obligations:

a) General Obligations: The User shall access the site only for lawful and specific purpose(s) for which he/she has opted for and User shall be responsible for complying with all applicable laws, statutes and regulations in connection with the use of this web site. The User shall not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this Website. User shall not create a hypertext link to the Website or “frame” the Website.

b) Information Provided: The information provided by the User in the Registration page must be complete and accurate. Acos Ecomshop Technology Private Limited reserves the right at all times to disclose any information as Acos deems fit & necessary to comply with any applicable law, regulation, legal process, or Central / State Governmental request.

c) Use of the Services: User may only use this service to make legitimate transaction / payments. Without limitation, any speculative, false or fraudulent transaction is prohibited. The services provided by the website are opted by the User for his/her convenience.

d) User Responsibility: The User confirms to us that User is 18 years of age or above and has the legal capacity to enter into this Agreement with us and that all information provided by the User in respect of use of the service is true and accurate to the best of User’s knowledge and belief. User is responsible for the security of the password and for all transactions undertaken using his/her password through our service. The User confirms that User is the authorized holder of the original account used in the transactions and User alone uses the “id” and “password” created by the User for the website. Acos as Acos Ecomshop Technology Private Limited or any of its representative, agent, consultant, sub-contractor etc. will not be responsible for any financial loss, inconvenience or mental agony resulting from use or misuse of User ID/password/credit card details/Debit card details/bank account details for making transactions on / from this website.

e) Avoid double booking: If User tried to make an online transaction and due to some technical error, User did not get any payment confirmation, please check the respective account details from transacting bank or speak to customer care, before attempting another transaction. Acos or any of its representative, agent, consultant, sub-contractor etc. will not be responsible for any such transaction losses.

f) Disclaimer: The material displayed on this website could include technical inaccuracies or typographical errors. Acos or any of its representative, consultant, sub-contractor etc may make changes or improvements at any time to rectify or make improvements in the contents of the website.

g) Acos does not warrant that the functions contained in this website will be uninterrupted or error free. Error or defects may arise during the normal usage of the website, that errors/defects will be corrected and make it free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction.

h) Acos does not warrant or make any representations regarding the use of or the result of the use of the material on this website in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from us.

i) User acknowledges that access to this website is provided only on the basis set out in these terms and conditions. User’s uninterrupted access or use of this website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. Acos does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the website.

Force majeure

Acos shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions or are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government/any governmental or statutory authority including NPCI/RBI, acts of terrorism or other similar causes.

Safety of data downloaded

The User understands and agrees that availing any of the services through this website or any material and/or data downloaded or otherwise obtained through the use of Acos services is done entirely at his/her own discretion and risk and User will be solely responsible for any damage to his/her computer systems or loss of data that results from the downloading of any material and/or data or availing any of the Acos services available on this website. Nevertheless, Acos will always make its best endeavors to ensure that the content on this website or other information channels are free of any virus or such other malwares, malfunctions etc.

Relationship

None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of this website, shall be deemed to constitute a partnership between the User and Acos and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

Jurisdiction

Acos hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Acos considers itself and intends to be subject to the jurisdiction only of the courts of Kolkata.

Limitation of Liability

Notwithstanding anything to the contrary contained herein, neither Acos Ecomshop Technology Private Limited, nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to users or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the site or the offerings, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to the value of the transaction or Rs 500/- (rupees five hundred only) whichever is lesser.

Indemnification

User shall defend, indemnify, and hold harmless Acos and its affiliates, officers, agents, representatives and employees from and against all claims, lawsuits, actions, demands, liabilities, expenses (including fees and disbursements of counsel), judgments, settlements, and penalties of every kind arising from or in any way relating to:

i.          User’s breach/violation of any terms or conditions mentioned on this website.

ii.         User’s violation or alleged violation of any applicable law in relation to use of this website

iii.         Any act of fraud, negligence, misrepresentation by User.

iv.        Penalty, fine or any charges imposed by any regulatory/statutory/governmental authority/Bank on Acos with respect to any acts of commission or omission by the User.

v.         User’s performance/non-performance of his obligations under these terms and conditions.

Dispute Resolution

User agrees that any dispute arising out of, use of this website or availing Acos services, shall be first resolved by amicable means and failure to resolve the same within 30 days shall entitle Acos to refer the matter to arbitration conducted by sole arbitrator appointed by Acos. The proceedings shall be conducted as per Arbitration and Conciliation Act 1996 or any of its successive statue/amendments. The seat of arbitration shall be at Noida and proceeding shall be conducted in English language. The award passed by the arbitrator shall be final and binding on the User.

Termination

User agrees that Acos shall have all the rights to suspend or terminate User’s account wholly or partly or usage of services and/or User’s profile at any time. Acos may also in its sole discretion and at any time discontinue providing access to Acos services, or any part thereof, with or without notice.

REFUND POLICY

Once a User chooses to avail any subscription plan/offer announced by Acos and agrees to buy that plan/offer by due payment for that plan/offer to Acos, such payment by User shall not be refunded by Acos under any circumstances whatsoever. Please note that such act of buying Acos’s plan is irreversible process under the applicable law.

Post receipt of payment from the User for the above-mentioned plan, Acos shall create User ID in its Mobile App / Website ONLY post successful KYC verification of such User. If the User is unable to get successful KYC done, Acos shall not be able allow for availing the services mentioned for that particular subscription plan. No existing balance will be refunded to the user in case of un-successful KYC verification. Thus, in order to avail Acos services on its Mobile App / Website, User has to mandatorily get his successful KYC verification done.

Post User Id creation, while availing various services on Acos Mobile App / Website, a transactions which have failed for any reason directly attributable to Acos and Acos has received corresponding confirmation from the payment gateway, will be automatically refunded to User’s bank account within 3-21 working days from the date of transaction and a confirmation mail will be sent to User’s email id registered with Acos. Please note that only the actual transaction amount will be refunded excluding payment gateway charges and all applicable taxes. However, for cases where User has received a successful completion confirmation but not received services, User is required to submit a complaint by sending an e-mail to Email ID given on this website. Acos shall enquire the matter after receiving the complaint from the User and based on the enquiry Acos may refund the payment deducting necessery professional service charges. In all cases, Acos’s liability will be restricted to providing User a valid refund to the extent of corresponding payment received by Acos with respect to a particular transaction. Acos shall not be responsible for any other claim or consequential liability arising out of failed services on our system.

User accepts that this refund policy is subject to all the terms and conditions as stated in the Agreement of the User/business associate/retailer/distributor with Acos.
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