This Terms and Conditions was last updated on August 22, 2022.
The following are the T&C or Terms and Conditions for use of the Gleam Global Services India Pvt. Ltd. Please read them carefully.
The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Gleam Global Services India Pvt. Ltd. constitutes your agreement to all such terms, conditions, and notices.
The terms and conditions contained hereinafter ("Terms and Conditions") shall apply to the use of the website www.gleamglobalservicesindia.com and any other linked pages, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by any Gleam Global Services India Pvt. Ltd. group company ("Gleam Global Services India Pvt. Ltd." or "WE" or "OUR" or "US") (collectively, "WEBSITE").
Welcome to Gleam Global Services India Pvt. Ltd. Gleam Global Payment provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You can review the most current version of the T&C at any time on this page. In addition, when using particular Gleam Global Payment services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the T&C. Unless otherwise specified by Gleam Global Payment all alterations, additions and deletions shall take effect automatically and be binding on and from the day they are posted on the website www.gleamglobalservicesindia.com. By continuing to access or use the Gleam Global Services India Pvt. Ltd., you will be deemed to have agreed to accept and be bound by such altered, added to or deleted T&C. If you do not agree to the alterations, additions or deletions, you should discontinue accessing or using the Gleam Global Services India Pvt. Ltd. (other than those which have already been availed of by you prior to such alterations, additions or deletions).
In order to access and use the Service you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorised to agree to the T&C and to access, use and avail of the Gleam Global Services India Pvt. Ltd. If you do not qualify, please do not access or use the Gleam Global Services India Pvt. Ltd.
If you are not a Resident Indian, you may access, use and avail of the Gleam Global Services India Pvt. Ltd. only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the and service is based on the understanding and agreement that by accessing and using the website and service, you may be violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify Gleam Global Payment against any liability incurred by Gleam Global Payment in this regard.
As a condition of your use of the service, you warrant to Gleam Global Payment that you will not use the service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions.
You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, RBI Master Direction - Know Your Customer (KYC), BBPCU Procedural Guidelines and Business Standards for Bharat Bill Payment System (BBPS), Information Technology Act, 2000 and the corresponding rules etc., that may be applicable to you in connection with use of our Service.
Gleam Global Payment has no obligation to monitor the Service or any member's use thereof or retain the content of any member session. However, Gleam Global Payment reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources ('Linked Sites'). As Gleam Global Payment has no control over such sites and resources, you acknowledge and agree that Gleam Global Payment is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available or transmitted from such sites or resources. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such suppliers. You acknowledge and agree that Gleam Global Payment shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. The links have been provided to you only as a convenience and the inclusion of any link does not imply any association of Gleam Global Payment with the operators of such sites or resources.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. Your use of the service is at your sole risk. The service is provided on an 'as is' and 'as available' basis. Gleam Global Payment and/or its respective suppliers expressly disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, merchantability, fitness for any particular purpose, non-infringement or completeness. Specifically, Gleam Global Payment disclaims any and all warranties including, but not limited to any warranties concerning the availability, accuracy, usefulness, correctness or completeness of information, and any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the T&C.
2. Gleam Global Payment does not warrant or makes any representations regarding the use or the results of the Service in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your access and use of the Service.
3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from Gleam Global Payment or through or from the service shall create any warranty not expressly stated in the T&C.
5. Although Gleam Global Payment adopts security measures it considers appropriate for the offer of this Service, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorised access to the Service or any Member Accounts. Gleam Global Payment shall not be responsible or liable if any unauthorised person hacks into or gains access to the Service or to your accounts; and you shall be liable and responsible for the same.
6. This disclaimer of liability applies also to any injury or damage caused by any failure of performance, delay in processing or transmission, error, omission, interruption, deletion, defect, computer virus, communication line failure, unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.
7. Gleam Global Payment shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received, or not sent or not received, or any transactions entered into through the service. You specifically agree that Gleam Global Payment is not responsible for any content, data, information sent using and/or included in the Service by any third party.
You expressly understand and agree that Gleam Global Payment shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or performance of the service or the inability to use or non performance of the service; (ii) the provision of or failure to provide services (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; or (vi) any other matter relating to the service; whether based on contract, tort, negligence, strict liability or otherwise, even if Gleam Global Payment has been advised of the possibility of damages.
To the extent possible, the disclaimers, limitations on liability and indemnities available to Gleam Global Payment under the T&C shall extend, mutatis mutandis, to the affiliates and partners of Gleam Global Payment and their respective directors, officers, employees, agents, successors, assigns, involved in providing, delivering or managing the Service (or any part thereof). However this clause shall not protect the aforesaid affiliates/partners or extend to their obligations and liability to Gleam Global Payment or Gleam Global Payment' claims against them.
You agree to indemnify and hold Gleam Global Payment, its parents, subsidiaries, affiliates, officers, agents, co branders or other partners and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
The User shall keep Confidential Information in confidence. You agree not to disclose or attempt to use or personally benefit from any non- public information that you may learn on the website or through the services.
Gleam Global Payment reserves the right at any time and from time to time, at its sole discretion, to modify or discontinue, temporarily or permanently, in part or in whole, the Service, T&C or policies regarding the use of the service with or without notice. You agree that Gleam Global Payment shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Your continued use of the Service shall be deemed as an unconditional acceptance of these changes.
The failure, delay or omission of Gleam Global Payment to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&C must be filed within three (3) months after such claim or cause of action arose or be forever barred.
You agree that the Service provided to you is not transferable under any circumstance and shall be used only by you. You further acknowledge, agree and confirm that Gleam Global Payment shall have the right to transfer, assign or sell all its rights under this T&C, and that the Mandate given by you in favour of Gleam Global Payment shall continue to be in force and enure for the benefit of the successors and assigns of Gleam Global Payment.
If any part of this T&C is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Notices to you may be made via either email or by delivery by hand or regular mail to the address provided by you. The Service may also provide notices of changes, to either the T&C or other matters, by way of publication in newspapers or by displaying notices or links to notices on the Service. All such notices will have the same effect as a notice served individually to you. Notices and instructions will be deemed served 7 days after posting or upon receipt in the case of hand delivery, cable, telex, through internet or facsimile (fax).
Gleam Global Payment may be required to provide to you certain disclosures and notices, which are mandated by various laws and rules and transaction related notifications such as receipt of bill details, payment advices, payment return advices etc. You acknowledge and agree to receive all such disclosures and notifications electronically, which, in most cases, will be done through the Internet. If, for any reason, you do not wish to receive the disclosures electronically, you must advise Gleam Global Payment immediately. In such an event, Gleam Global Payment reserves the right to discontinue/terminate the provision of the Service to you, in whole or in part.
You acknowledge that Gleam Global Payment shall have no liability or obligation to keep a record of the transactions carried through the Gleam Global Services India Pvt. Ltd. and/or to provide information to you or for verifying your Payment Instructions, other than records required to be kept or information required to be provided statutorily by Gleam Global Payment.
You agree that you must evaluate, and bear all risks associated with, the use of any content/data, including any reliance on the accuracy, completeness, or usefulness of such content/data.
The Laws of India shall govern the validity, construction and enforceability of this Agreement in all respects. You and Gleam Global Payment agree to submit to the personal and exclusive jurisdiction of the courts located within Mumbai, India, to the exclusion of all other Courts, as regards any claims or matters arising under these terms and conditions. Gleam Global Payment accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that a Member in a country other than India accesses the Service does not imply that the laws of that country govern these terms and conditions or the operations in the accounts of the Member or the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES: All contents of the Service are: Copyright © 2022 Gleam Global Services India Pvt. Ltd.
TRADEMARKS. Gleam Global Payment, Gleam Global Services India Pvt. Ltd. and/or other Gleam Global Payment products and services referenced herein are either trademarks or registered trademarks of Gleam Global Payment. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Please report any violations of the T&C to our Grievance Officer. Contact details are as under:
Address : Ward No.9, 1st Main Road / Dr. Rajkumar Road No.527/B, Tejas Arcade, Bengaluru, Karnataka-560010
Email Id : firstname.lastname@example.org
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