The website www.eonepay.in (hereinafter referred as the “platform”) and the information, services and other materials contained therein are provided and operated by eonepay info systems private limited (referred to as “we”, “us” or “eonepay”). The use of the platform and programs constitutes an unconditional agreement to follow and user shall be bound by the terms.
These terms may be changed from time to time without prior notice. User should review this page regularly. Whether you have enrolled in a program or are simply browsing the platform, once you have accessed the platform or programs, you shall be considered a ‘user’ for the purpose of these terms. You are responsible for all your activities in connection with the use of the platform and programs. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with such use. You shall not resort to any unethical practices while using the platform.
Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the platform or any other third party whatsoever. However, if any such event does take place, eonepay shall not be liable for any loss of data or if the user’s device, computer or any other property is compromised in any manner.
You acknowledge and agree that eonepay has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to you.
By using the services, you (a) agree to the terms either your own or on behalf of your company or other legal entity (“customer”) and represent that you have the authority to do that.If this is not what you intend, or if you do not fully understand and agree with any or all of these terms and conditions and general terms and conditions, then do not click the box indicating your acceptance and do not access any eonepay website or use the portal or services.
“Affiliate” means an entity that is directly or indirectly owned or controlled by a party. For purposes of this definition, “control” refers to the power to direct the management or affairs of an entity and “ownership” refers to the beneficial ownership of 50% or more of the voting equity securities or other equivalent voting interests of the entity.
“Agreement” means the combination of these Terms and any referenced addendums, amendments, exhibits, Order Forms, schedules, sows, and/or other contract documents.
“Alliance Intermediary” means a third party that has a contract with Us permitting such action on behalf of customers, that You identifies who may act as an intermediary on Your behalf, such as sending and receiving Transaction Data, for interacting with the Services and Platform.
“Bill of Lading Data” or “BL Data” is transport document (bill of lading or Waybill) data and/or invoice data that describes shipment details, such as the parties to a contract of carriage, references, description of goods, charges and terms of carriage. Only Transmitting Carriers may use BL Data for purposes of rendering and issuing bills of lading or Waybills to a shipper.
“Carrier” means a third-party ocean carrier participant and other freight carriers to which Vendor provides connectivity via the Services and Platform.
“Confidential Information” means any non-public information that is marked or otherwise designated in writing as confidential at the time of disclosure, or absent a marking that a reasonable person would expect to be confidential under the circumstances, and which is disclosed by a party to the other party.
“Container Transaction” (formerly Transacted Containers) means each individual container handled via the Platform via any means, such as referenced in a booking request, referenced on an evgm submission, etc. An individual container is counted as a Container Transaction each time it is referenced in a Service. For example, the same container referenced on a booking request, shipping instruction, and evgm submission will count as three Container Transactions.
“Content” means any data sourced or created by Us (independently or with another party’s assistance) for inclusion in services provided by Us to customers or published, including without limitation, port codes, restricted party lists, harmonized commodity codes, etc. Content may be derived from proprietary, third-party, and/or publicly-available data.
“Customer”, “You”, “Your”, or “Yourself” means collectively you and the company or other legal entity you represent defined as the “Customer” in the paragraph at the top of this page, and, if permitted, any Affiliate of Customer designated by Customer to make use of the Services under this Agreement, provided that Customer is wholly responsible for all actions or omissions by any such affiliated entity in connection with this Agreement.
“Document Conversion” is the process by which EONEPAY converts pdf documents into electronic format for submission.
“Data” means any data transmitted to, from, and/or through any EONEPAY service including, without limitation, the Portal, electronic data exchange, communication and distribution of data supplied by the Parties from any source, including, without limitation, proprietary EONEPAY data, Customer data, Carrier data, and/or public data, including, without limitation, any data related to a BL Image.
“Documentation” means the then-current user guides, training materials, technical manuals, and any other reference materials that We generally make available or distribute to users of the Services or Platform.
“Evgm Services” means EONEPAY’s electronic verified gross mass (“evgm”) service to facilitate industry compliance with the Safety of Life at Sea Verified Gross Mass (“VGM”) regulation. The eonepayevgm Services enable the submission and management of VGM messages from Party to Party.
First mile delivery refers to the transportation of goods across the first leg of the supply chain. But the first mile could mean different things for different supply chains and industries. For a retailer, this could be delivering items from a regional warehouse to a local distribution center or local stores.
“Intellectual Property Rights”, means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
Last mile, in supply chain management and transportation planning, is the last leg of a journey comprising the movement of people and goods from a transportation hub to a final destination.
“Order Form” means the order form, contract, or agreement, in a form provided by Us, identifying Services ordered by or made available to You and signed or otherwise accepted by both You and Us. Order Forms may be in any media, such as electronic terms and conditions or paper ordering documents. Formerly called “Service Order”.
“Platform or “Portal“ means Our proprietary network infrastructure, products, and services for the exchange of transportation data including, without limitation, the Services delivered and accessed via a variety of means as determined by Us, including, but not limited to, the internet, EDI, API, Document Conversion, and/or certain other proprietary software.
“Professional Services” means training, general consulting, configuration, implementation, and/or other such services identified on an Order Form.
Second Mile Delivery is the delivery of goods from a warehouse or distribution center to fulfillment facilities from where consumers purchase their products.
“Service(s)” means services, products, data, and information provided by or through Us, authorized third-party services or data providers, and/or the Platform that You may access or use via the Platform or any other means that We authorize; and the use of any website owned or operated by Us, whether logged in or not, including eonepay.in.
It also means services (including but not limited to, BL Image/Data, Document Conversion, evgm, Dashboards, Online goods transport services/cargo booking platform, online freight quote services, blockchain document transfer, online payment services etc. Selected by Customer singly or in combination), products, data, and information provided by or through EONEPAY or authorized third-party service or data providers and/or the portal which may be accessed by Customer via the Portal and the use of any EONEPAY website, whether logged in or not, including EONEPAY.IN.
“Service-Specific Attachment” means the Service-specific terms and conditions that are incorporated by reference into a Service Order or contract.
“Terms” means “EONEPAY LEGAL &GENERAL TERMS AND CONDITIONS”.
“Third-Party Data” means any data transmitted to, from, and/or through any third-parties using the Platform, such as Carriers. An example of Third-Party Data is Carrier-provided data You received through the Platform that facilitates or describes the status of a cargo shipment related to You.
“Trading Partner” means Your identified third-party logistic providers, channel partners, suppliers, and/or contract manufacturers.
“Transaction Data” means any data transmitted to, from, and/or through any of the Platform or Services by, about, and/or related to You or the Services provided to You. Transaction Data includes Third-Party Data and Content related to You, and any data transmitted to or from Trading Partners.
“User”means any individual or automated system granted access to the Platform or Services through a unique user ID authorized to access and/or use the Platform or Services in accordance with the terms of this Agreement. Formerly called “Permitted User.”
EONEPAY’s products and services are designed for bona fide use only and are not for any other use that is not expressly granted. Notwithstanding anything to the contrary in these Terms, any use for any business or commercial purpose that is competitive with EONEPAY or its Affiliates or that may devalue EONEPAY’s or its Affiliates’ business value or commercial interests is expressly prohibited.
By registering, accessing, browsing, viewing, using, downloading, generating, receiving or transmitting any data, information or messages to or from the Portal, via the Services, and/or via any EONEPAY website or service, Customer hereby accepts, without limitation or qualification, this Agreement as currently constituted and as may be updated from time to time in accordance with its terms.
You may avail the Services by contacting EONEPAY Customer services or applying online through Portal. Use of any EONEPAY Service or Third-Party Service may be subject to the applicable Service Specific Attachment.
In its sole discretion, EONEPAY shall control the appearance, development and operation of the Portal, the Services, and EONEPAY websites. EONEPAY may, in its sole discretion, set standards for the messaging performance between EONEPAY and Customer. Information and Data provided via the Portal or the Services may be changed and/or updated without prior notice.
You agree to regularly revisit and review the EONEPAY website for changes to the Policies and Terms & Conditions. In the event EONEPAY posts changes to these Terms or to the EONEPAY Web site and you continue use of the Portal and/or Services shall constitute Your agreement to such changes.
In the event of any conflict between contract documents you have with EONEPAY, the order of precedence shall be (i) any Service Order or contract for services; (ii) Service Specific Attachments, if any; and (iii) these Terms. Should a conflict exist between several Service Orders or several Service Specific Attachments the terms of the most recent Service Order or Service Specific Attachment, respectively, shall control.
In addition to the these Terms/Agreement, You / User hereby agree, acknowledge and accept that the terms & conditions of the Service Providers, as available on the website of the Service Provider of the particular Service(s) which You may access/avail, for availing/accessing Third Party Services shall also be read, confirmed and agreed
Customer agrees not to use the Portal, and/or the Services for any unlawful purpose or any purpose prohibited by these Terms.You agree not to:
Customer may not obtain or attempt to obtain any information through any means not intentionally provided to Customer by EONEPAY, including, without limitation, the practice known as screen scraping or any other forms of data harvesting. In addition, Customer agrees not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or disassemble any aspect of the Portal, and/or the Services (including any prices or service descriptions) unless specifically authorized by this Agreement or permitted by law despite this contractual prohibition. Actual or attempted unauthorized use of the Portal and/or the Services may result in criminal and/or civil prosecution.
You acknowledge that EONEPAY has the right, but no obligation, to monitor the Portal and/or the Services and to disclose any information necessary to operate the Portal and/or the Services, to protect EONEPAY, and EONEPAY customers and licensors, and to comply with legal obligations or governmental requests. EONEPAY reserves the right to refuse to post or to remove any information in the Portal and/or the Services, in whole or in part, for any reason.
You agree to comply with all laws, statutes, ordinances, and regulations (including unfair competition, privacy and data protection, anti-discrimination or false advertising) regarding or relating to your use of the Portal, and/or the Services.
Users are prohibited from posting the Contents that (User Content):
EONEPAY monitors but does not guarantee control over the User Content posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will EONEPAY be liable in any way for any User Content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content. You are responsible for complying with all the laws applicable to the User Content.
Users are prohibited from violating or attempting to violate the security of the Platform or any other associate Platform of EONEPAY. Violations of system or network security may result in civil or criminal liability. EONEPAY will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from EONEPAY on the Platform and other than generally available third-party trusted/secured web browsers.
The Platform may contain links to pages on other websites ("Linked Sites"), and those Linked Sites may contain Content or offer products and/or services for sale. EONEPAY does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that EONEPAY have no responsibility for the accuracy or availability of information provided by Linked Sites and EONEPAY do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites.
EONEPAY shall not be held liable for any transactions conducted by you with third parties through the linked sites or for any liability arising from the representations or information provided on such linked sites.
EONEPAY makes no representations that the Platform operates or is legally permitted to operate in all geographic areas, countries, or that the Platform, or information, services or products offered through the Platform are appropriate or available for use in other locations.
In order to access and interact with the Portal and/or the Services, Customer must be able to operate and maintain the necessary software and hardware, including, without limitation, Web browser software and appropriate communications infrastructure. Acquiring, installing, maintaining and operating any software and hardware needed to do so is solely Customer’s responsibility. EONEPAY is in no way responsible or liable for Customer’s access to the Internet, including, without limitation, any connection speed issues, bandwidth, browser compatibility, or latency-related problems that may affect Customer’s ability to access and use the Portal and/or the Services.
The fees for Services may include, without limitation, a onetime registration/set-up/implementation fee, an annual subscription or support fee, and/or a per-container or per-transaction fee. Any such fees are set forth in a Service Order. Unless expressly set forth otherwise, Customer is liable for and will pay any and all applicable taxes relating to the Services. Also the subscription fees once paid shall not be refundable
EONEPAY will invoice Customer based on the terms of your Service Order for any particular Service. If no invoice terms are specified in such Service Order, EONEPAY will invoice as follows:
(i) for monthly, annual, or other recurring or subscription charges: annually in advance;
(ii) for one-time charges: immediately upon order; and
(iii) for Services that are priced on the amount of Transacted Containers: monthly in arrears. Any subscription fee will not be refundable.
Customer shall pay all invoices when due as set forth in the applicable Service Order and all such payments shall be in advance.
Customer shall raise all invoice disputes within 24 hours days of the time of the invoice; otherwise Customer waives any right to dispute. In order for a dispute to be valid, Customer must include a detailed description of the disputed items, the reason for the dispute, and the requested resolution of the dispute. For any disputed invoice, Customer shall pay all undisputed amounts when due and then promptly cooperate with EONEPAY to investigate and resolve the disputed amount.
In addition to EONEPAY’s right to terminate this Agreement, in whole or in part, based on non-payment by Customer, EONEPAY may, after notice to Customer limit or suspend Customer’s access to any or all Services, in whole or in part, until Customer’s account is made current.
Unless expressly set forth otherwise, all fees charged or invoiced by EONEPAY are in Indian rupees and all payments due by Customer shall be paid in INR in a manner acceptable to EONEPAY.
EONEPAY may modify pricing for any Services upon 90 days’ notice to Customer During such notice period, Customer may terminate its use of the Services and any applicable Service Order for such affected Service but only for the affected Service.
The Platform and/or Programs may contain typographical errors or inaccuracies or omissions and may not be complete or current. EONEPAY, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. ALL PORTAL DATA AND SERVICES ARE PROVIDED “AS IS” WITH NO GUARANTEES OF COMPLETENESS, ACCURACY, OR TIMELINESS OF RESULTS OBTAINED FROM THE USE OF PORTAL DATA OR THE SERVICES.
EONEPAY makes no warranties or representations whatsoever regarding any other Web sites Customer may access through the Portal and/or the Services. When accessing a non-EONEPAY Web site, Customer understands that that Web site is independent from EONEPAY and that EONEPAY has no control over the content of that Web site. In addition, a link to a non-EONEPAY Web site does not mean that EONEPAY endorses or accepts any responsibility for the content or the use of such Web site unless specifically mentioned. It is up to the Customer to take precautions to ensure that whatever is selected for Customer’s use is in all ways suitable and free of viruses and other items of destructive nature.
EONEPAY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH REGARD TO THE PORTAL AND/OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND USE OR FREEDOM FROM INFRINGEMENT OR THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE PORTAL AND/OR THE SERVICES MAY NOT BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, OR FREE OF ANY VIRUSES. EONEPAY FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING AVAILABILITY OF A SERVICE, SERVICE LEVELS OR PERFORMANCE. EONEPAY WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF, IN WHOLE OR IN PART, EONEPAY’S CONDUCT IN COLLECTING, COMPILING, OR INTERPRETING INFORMATION.
CUSTOMER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THE PORTAL, SERVICES, PORTAL DATA, DOCUMENTS AND ANY OTHER DATA OR INFORMATION OFFERED BY OR THROUGH THE PORTAL AND/OR THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM EONEPAY OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY BY EONEPAY.
THE USER UNDERSTANDS AND AGREES THAT THE EONEPAY CONTENT AND ALL OTHER INFORMATION, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE PLATFORM OR PROGRAMS IS OBTAINED AT THE USER'S OWN DISCRETION AND RISK, AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER, THE USER'S COMPUTER SYSTEM, ELECTRONIC DEVICE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
IN THE EVENT YOU FIND THAT THE INFORMATION PROVIDED ON THE PLATFORM OR PROGRAMS IS INCORRECT, OR IF YOU ARE THE OWNER OF ANY INFORMATION OR CONTENT AND WISH THAT SUCH INFORMATION OR CONTENT IS NOT DISPLAYED ON THE PLATFORM OR PROGRAMS, KINDLY NOTIFY US AT THE ADDRESS PROVIDED AT THE BOTTOM OF THE PAGE.
neither eonepay (including each of its respective employees, agents, officers, directors, licensors or affiliates) nor any third-party service/data provider, whether in tort, contract, strict liability or otherwise, shall be liable for any indirect, consequential, special, incidental, exemplary, or punitive damages (including damages for lost profits, lost revenues, or business interruption) arising out of, based on, or resulting from this agreement or any documents, any portal data, personal data and other data or information, any software or any of the services provided through your interaction with the portal and/or services provided hereunder, as well as any information and documents, any data or messages generated, received, transmitted, downloaded or otherwise disseminated which are related to or stem from customer’s use of the services and/or registration at the portal. the foregoing shall apply: (a) even if eonepay or third-party service provider has been notified of the possibility of such damages; and (b) regardless of the negligence or other fault of either party, regardless of whether such liability sounds in contract, negligence, tort, or any other theory of liability.
in any case whatsoever, eonepay will no be liable for loss or damage to any shipment or any delay in the process of delivery of the shipment. the loss has to be borne by the logistic provider or the end customer/consumer.
eonepay shall not be held liable for any extra costs of storages or any assocaited ancilliary costs which arises due to delay in whether the first, second or the last mile in the delivery of the shipment. such costs have to be settled between the respective parties.
eonepay shall not be held liable if the shipment is delivered to a location other than the location specified by the user. such disputes shall be settled between the respective parties.
you agree that any claim or cause of action arising out of or related to your use of the services or this agreement must be asserted within one year after such claim or cause of action arose. you expressly waive any right you may otherwise have under any statute or law for any claims not made within such one year period.
the limitations of liability set forth in this section reflect the allocation of risk between the parties. the limitations specified in this section will survive and apply even if any limited remedy specified in these terms found to have failed of its essential purpose and shall inure to the benefit of eonepay, including its affiliates, and/or its respective suppliers.
Customer will indemnify, hold harmless, and defend EONEPAY (including its Affiliates), and all of its (including of its Affiliates) current and former officers, directors, members, shareholders, agents, and employees (the “Indemnified Parties”), from any and all Claims. “Claim” means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, fines, damages, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs), which arises out of: (a) Customer’s breach of this Agreement, or (b) CUSTOMR’S violation of any law or rights of any third party; or (c) information or Content that Customer/User post or otherwise make available on the Platform or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.. EONEPAY will provide Customer with reasonable notice of any Claim. Customer will not settle any claim without EONEPAY’s prior written consent, which will not be unreasonably withheld.
When using the Service, Customer will have the option to provide certain personal or business contact information, including but not limited to, name, address, email address and telephone number (collectively, the 'Personal Data'). Customer will likely need to submit some Personal Data in order to submit transactions via the Portal. Customer agrees to:
EONEPAY logos, trademarks and service marks that may appear on the Platform and in the Program (“EONEPAY Marks”) are the property of EONEPAY and are protected under Indian laws. All other trademarks, service marks and logos used on the Platforms, Online Courses or Programs, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Platforms are protected by applicable Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of EONEPAY.
As a condition of accessing the Platforms and/or using the Programs, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any Content (“Content” means any and all information and data, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features and other materials) or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use the EONEPAY Marks or the name, trademarks, service marks, or other materials of any Service Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.
Any wilful effort to reproduce, duplicate, copy, sell, resell or exploit EONEPAY EDU content or that of its service partner contrary to above clause will leave you open to legal action for piracy.
EONEPAY respects third-party intellectual property rights and actively supports protection of all third-party intellectual property including copyrights and trademarks. It is our policy to expeditiously respond to clear notices of alleged infringement of Intellectual Property Rights. If we receive proper notification of infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.
If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us a description of the product, work or other intellectual property that you claim has been misrepresented or infringed and a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Platform/Program along with a statement by you that you have a good faith belief that the disputed use is not authorised by the owner of the product, work, copyright or intellectual property, or its agent, or applicable laws.
Unless otherwise expressly agreed in writing by EONEPAY, full payment for any transfer or delivery of shipment is required upfront.
It is the sole responsibility of the user enrolling into a subscription plan to check the accuracy of, and evaluate the suitability and relevance of thesubscription planselected. The subscription plan taken is non-transferable and such amount paid shall be non-refundable.
To make payment for any Program or to purchase any services or products offered by EONEPAY through the Platform, you must have internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"). EONEPAY does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case EONEPAY’s third-party payment provider stores any such information, EONEPAY will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and EONEPAY is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.
In any case whatsoever, no refund will be made for any undue delay in the delivery of the shipment.
The user will be eligible for the refund only if the payment has been made for delivery of the shipment and the shipment has not been processed even through the first mile and is still at the first pick-up location. Once the shipment leaves for the first mile, no refund will be given.
In any case of deficiency of service, refund shall be adjudged depending on the facts of such deficiency and the refund amount shall be adjudged on the basis of such facts. In no case such refund amount will be more than the amount paid for the delivery of such shipment.
EONEPAY reserves the right to cancel the subscription plan or to alter the characteristics and terms of such subscription plan. You also understand that EONEPAY, at its sole discretion, may limit, suspend, or terminate your use of the Platform and/or all EONEPAY-provided services. You also understand that EONEPAY may modify or discontinue all services related to its Programs at its sole discretion. You agree that EONEPAY shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Nothing in these Terms shall be construed to obligate EONEPAY to maintain and support the Platform or any part or portion thereof or any associated services.
The eonepayservices on the Platform are licensed, not sold. In consideration for your agreement to these Terms, EONEPAY grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform, solely in accordance with the Terms. You may download or copy the portions of the EONEPAY Content available on the Platform for your own non-commercial and personal use only, provided you maintain all copyright and other notices contained in such EONEPAY Content. You may not copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Platforms or any EONEPAY Content. Notwithstanding the foregoing, certain reference documents and articles may be made available to you with the permission of third parties and use of that information is subject to certain rules and conditions, and you agree to abide by all such rules and conditions.
You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Platform. From time to time, EONEPAY may include software, code, instructions, or other such information in the EONEPAY Content for the Programs; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the ‘Disclaimer’ and ‘Limitation of Liability’ sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. EONEPAY and/or its affiliates and licensors reserve all rights not expressly granted herein to the Platforms, EONEPAY Content, and EONEPAY Marks.
You agree that EONEPAY, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform with or without reason, including, without limitation, if EONEPAY believes that you have:
(a) breached the Terms;
(b) infringed the intellectual property rights of a third party;
(c) posted, uploaded or transmitted unauthorised Content on the Platform; or
(d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct.
You agree that any deactivation or termination of your access to the Platforms may be effected without prior notice to you and that EONEPAY shall not be liable to you nor any third party for any termination of your account. You also acknowledge that EONEPAY may retain and store your information on EONEPAY’s systems notwithstanding any termination of your account.
EONEPAY may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program-specific terms without the prior written consent of EONEPAY.
From time to time, EONEPAY may engage third parties to perform the Services, or any part thereof, provided that EONEPAY will be solely responsible to Customer for the performance of the Service by any such third party.
If any provision of the Terms or any Program-specific terms shared with you is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions.
The failure of EONEPAY to exercise or enforce any right or provision of the Terms or any Program-specific terms shared with you, shall not constitute a waiver of such right or provision. If any provision of the Terms or any Program-specific terms shared with you is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should Endeavour to give effect to the parties' intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms or any Program-specific terms shared with you, shall remain in full force and effect.
EONEPAY shall have no liability under these Terms or any Program-specific terms shared with you, to the extent arising from any failure of EONEPAY to perform any of its obligations under these Terms or any Program-specific terms shared with you, due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, pandemic, strikes or labour disputes or any other event not within EONEPAY 's reasonable control. EONEPAY shall not be responsible for damage or other problems caused by any unauthorised change to these Terms made by way of hacking or cracking this page/Portal.
These Terms or any Program-specific terms shared with you shall be governed by, construed and enforced in accordance with the laws in India, as these are applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by EONEPAY, you or any third party to enforce these Terms or any Program-specific terms shared with you, or in connection with any matters related to the Platform or Programs, shall be subject only to the jurisdiction of the courts of New Delhi.
In case of any dispute, the parties involved shall make all reasonable efforts to resolve the dispute through amicable discussion within 30 days. If Parties are unsuccessful to resolve the dispute amicably, then such dispute or claim arising out of or in connection with the Terms or any Program-specific terms shared with you, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1956, as amended (“Act”) before a sole arbitrator to be appointed by EONEPAY. The proceedings shall be conducted in English and the seat for arbitration shall be Mumbai.
Any notice or communication that may be required to be given to EONEPAY under these Terms may be sent by writing or emailing to the following addresses by first class mail, overnight mail, courier, or registered email:EONEPAY LSP PVT. LTD.