BY ACCESSING OR USING OUR WEBSITE LOCATED AT WWW.ONLINEPASSPORTINDIA.COM (“WEBSITE”) IN ANY WAY OR DOWNLOADING, INSTALLING OR USING OUR WEBSITE SERVER INCLUDING BUT NOT LIMITED TO OUR PRODUCTS OR ACCESSING SOFTWARE SUPPLIED (COLLECTIVELY, THE “SERVICES”) BY ONLINEPASSPORTINDIA OR CLICKING ON A BUTTON OR TAKING SIMILAR ACTION TO SIGNIFY YOUR AFFIRMATIVE ACCEPTANCE OF THIS AGREEMENT, YOU HEREBY REPRESENT THAT:
(I) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND ANY FUTURE AMENDMENTS AND ADDITIONS TO THIS AGREEMENT AS PUBLISHED FROM TIME TO TIME AT WWW.ONLINEPASSPORTINDIA.COM.
TERMS OF SERVICE
WHILE AVAILAING THE SERVICES, “YOU”/ “USER”/ “CUSTOMER” (WHICH MEANS AND INCLUDES AN INDIVIDUAL WHO ACCESSES ONLINEPASSPORTINDIA.COM AND ITS AFFILIATES WHETHER NAMED IN THE ONLINE REGISTRATION MATERIALS, AUTHENTICATED USER OR A NON-AUTHENTICATED VISITOR) AGREE TO COMPLY WITH EACH AND EVERY TERMS AND CONDITIONS AS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU WILL NOT BE ALLOWED TO USE THE SERVICES.
B. Policies and Procedures. Subject to the terms and conditions set forth herein, and in any rules, policies and procedures posted on Onlinepassportindia.com and its affiliate site, domain, sub-domain, subdirectory, products or applications (the “Rules”), Onlinepassportindia.com will use commercially reasonable efforts to provide User with the Services. This Agreement and the Rules may be modified by Onlinepassportindia.com from time to time, which modifications shall become effective once posted.
C. Access to the Services.
i. Customer Accounts. Customer, either individual (to be least eighteen (18) years old) or entity may avail the services.
2. BUSINESS MODULE
A. Services – Onlinepassportindia.com is owned by a private organization which provides a passport issuance, re-issuance, modification services through its website namely: https://onlinepassportindia.com/. It is pertinent to mention that Onlinepassportindia.com is a separate legal entity from Ministry of External Affairs (MEA).
B. Subscription – It is mandatory for the Customer to fill the prescribed form and download its prescribed documents, in the prescribed way, as mentioned and make the payment in advance before availing services.
C. Plans – Onlinepassportindia.com offers multiple services for passport assistance in the form of assistance for issuance, re-issuance and modification of passport. Onlinepassportindia.com reserves the rights, upon reasonable notification, to change or modify its existing plan, with or without any cause.
D. Geographical Restriction – Customer accepts and understands the subscription will have a geographical restriction and within the geographical domain, Customer can choose the service. Furthermore, Customer accepts and understands that Onlinepassportindia.com cannot assure or guarantee the success of particular services and once Customer accepts it, Customer cannot hold Onlinepassportindia.com liable on the pursuance of deficiency of service.
3. BILLING, SHIPPING & CANCELLATION MODULE
A. Online Payment- Customer needs to pay the entire invoice amount in advance at the time of filling the prescribed form and downloading its documents, as per the service chosen. Payment can be made in the following modes: Online Payment: (1) Credit card mode; (2) Debit card mode; or (3) Online bank wire. Upon payment, an online receipt shall be generated and sent to the Customer on its e-mail address and Whatsapp phone number.
B. Cancellation Policy- Onlinepassportindia.com, upon receiving a prescribed filled form from Customer, calls Customer, to know its preferable date and venue for fixing appointment with Passport office. In the event, Customer chooses to cancel the request of service, at that point of time, before giving assent for the the process of fixation of date and venue, Onlinepassportindia.com shall be liable to deduct 20% of the total invoice and shall refund the remaining amount to the Customer via any of the following modes: (1) Credit card mode; (2) Debit card mode; (3) Online bank wire; or (4) Cheque.
C. Cancellation of Subscription – No cancellation or refund shall be entertained by Onlinepassportindia.com, if the same, upon receiving a preferable date and venue for fixing appointment with Passport office, is proceeded by Onlinepassportindia.com and the same gets fixed with the passport office. Furthermore, no cancellation or refund shall be entertained or given in the event of non-providing of mandatory document as mandated by Passport Seva- Consular, Passport & Visa Division- Ministry of External Affairs- Government of India for issuance, re-issuance or modification of passport of the Customer. Customer undertakes not to claim any damages, cost or penalty other than the actual amount as paid for refund subject to the aforesaid deductions as mentioned above.
D. Third Party Usage –Customer cannot create any third-party interest or third-party rights in the service plan nor can the amount paid by the Customer be adjusted or transferred for third party service.
4. CUSTOMER INFORMATION. Onlinepassportindia.com collects certain personal information and documents about Customer, which usually includes, but not limited to, contact information, Aadhar card scanned copy, Previous Passport scanned copy………. (the “Customer Information and Documents”). Customer consents that the usage of such disclosure, information and Documents to Onlinepassportindia.com’s is solely in connection with its provision of the Services. Otherwise, Customer Information and Documents will be dealt with high degree of Confidentiality. All the information related to Customer’s billing and credit card information will be added to, and submitted and stored by, a third-party payment processor. Customer understands Onlinepassportindia.com will not have access to any such information and agrees that any loss or damages arising from such third party payment processor’s acts will not be Onlinepassportindia.com’s responsibility, as the same will not fall under the ambit of Customer Information.
A. Onlinepassportindia.com Responsibilities. Onlinepassportindia.com and its affiliates shall provide standard customer support for the Services at no additional charge. Customer support is available by contacting Onlinepassportindia.com’s support center by email ([email protected]), Monday through Friday, from 10:00 AM to 6:00 PM, except on national holidays.
B. Customer Responsibilities. Customer will: (i) be responsible for compliance with all terms and conditions set forth herein; (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and/or Authorized Users; and (iii) use the Services in accordance with all applicable terms and conditions and all applicable laws and government rules and regulations, more particularly of Ministry of External Affairs (MEA) (including without limitation, anti-spam and unsolicited email laws).
6. PROPRIETARY RIGHTS- Customer acknowledges that, as between Onlinepassportindia.com and Customer, Onlinepassportindia.com owns all right, title and interest in and to the Software and the Services, including, without limitation, all India and international patent rights, copyrights, trademark rights, trade secret rights, and all other proprietary rights pertaining thereto. Customer hereby acknowledges and agrees that except as otherwise expressly set forth herein, Onlinepassportindia.com and its affiliates own all exclusive rights to the site, domain, sub-domain, subdirectory, products, logo, content, data, patent, trademark, applications, including, without limitation, the look, feel, layout and organization.
7. THIRD PARTY CONTENT. Third Party Content and Linked Sites exclude Onlinepassportindia.com’s affiliate site, domain, sub-domain, sub-directory, products or application). The Services facilitates (a) certain transactions between Onlinepassportindia.com and third party including their advertisers, affiliates and sponsors of the site. In connection therewith, Customer acknowledges and agrees that: (i) Onlinepassportindia.com does not have any ownership rights in and to the third party content and linked sites; (ii) Customer is solely responsible to comply with all applicable laws and regulations and does not violate any term, condition, rule, procedure, policy or other guideline published by such third party content and linked sites; and (iii) the Onlinepassportindia.com does not infringe on, misappropriate or otherwise violate the intellectual property, privacy or other rights of any third party. Onlinepassportindia.com makes no representation or warranty that while utilizing the third party contents and linked sites. Customer further acknowledges: (a) some third party content and linked sites retrieved by the Services may contain indecent, offensive, inaccurate or otherwise objectionable or unlawful material, and Onlinepassportindia.com shall have no obligation to preview, verify, flag, modify, filter or remove any third party content and linked sites (although Onlinepassportindia.com has the right to do so in its sole discretion), nor shall Onlinepassportindia.com be responsible for any failure to remove, or any delay in removing, harmful, inaccurate, unlawful or otherwise objectionable third party content and linked sites; (b) some third party content and linked sites may be protected by third party intellectual property or privacy rights, and therefore Customer shall not rent, lease, loan, sell, license, distribute, make available, copy or create derivative works based on the third party content and linked sites unless Customer has obtained written authorization to do so from the applicable rights-holder; and (c) Customer’s use of third party content and linked sites is at its own risk and Onlinepassportindia.com shall have no responsibility to Customer or any third party related to any use of third party content and linked sites by Customer or its end users.
10. INDEMNIFICATION. At its sole cost and expense, Customer agrees to indemnify, defend and hold harmless Onlinepassportindia.com and its affiliates, subsidiaries, officers, directors, stockholders, employees, consultants, representatives, agents, successors and assigns from and against any and all claims, losses, liabilities, sums of money, damages, expenses, costs (including, but not limited to, reasonable attorneys’ fees) and/or actions arising from: (i) Customer’s violation of any applicable law; (ii) Customer’s breach of any term, condition, representation or warranty set forth in this Agreement.
11. DISCLAIMER OF WARRANTIES. PROVIDED SERVICES ARE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONLINEPASSPORTINDIA.COM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO SERVICE FOR A PARTICULAR PURPOSE OF ISSUANCE, RE-ISSUANCE OR MODIFICATION WILL MEET CUSTOMER’S REQUIREMENTS NOR DOES IT GIVE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES.
12. LIMITATION OF LIABILITY. IN NO EVENT WILL ONLINEPASSPORTINDIA.COM BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES, OR TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR NON ISSURANCE OF PASSPORT, RE-ISSURANCE OF PASSPORT OR MODIFICATION OF PASSPORT, EVEN IF ONLINEPASSPORTINDIA.COM HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHER, IN NO EVENT WILL ONLINEPASSPORTINDIA.COM’S TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR CLAIMS, LOSSES, OR DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT OR THE SERVICES EXCEED THE TOTAL AMOUNT RECEVIED FROM CUSTOMER ON THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM, LOSS OR DAMAGE. NO CLAIM MAY BE ASSERTED BY CUSTOMER AGAINST ONLINEPASSPORTINDIA.COM MORE THAN THREE (3) MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. CUSTOMER ACKNOWLEDGES ONLINEPASSPORTINDIA.COM DOES NOT CONTROL THE FACILITIES, GOVERNMNET RULES AND REGULATION FOR MINISTRY OF EXTERNAL AFFAIRS FOR PASSPORT SEVA AND PROBLEMS INHERENT IN THE USE OF SUCH FACILITIES. ACCORDINGLY, ONLINEPASSPORTINDIA.COM WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. CUSTOMER UNDERSTANDS AND AGREES ITS USE OF THE SERVICE IS AT ITS OWN RISK AND DISCRETION.
13. CUSTOMER ACKNOWLEDGEMENT FOR INDEPENDENT CONTRACTOR: Customer understands and acknowledges that while interacting or dealing directly with Passport Seva- Consular, Passport & Visa Division- Ministry of External Affairs- Government of India, Customer shall be solely responsible for its actions or inactions. Customer acknowledges that nothing contained in this Agreement will be construed as partners, joint ventures, co-owners or otherwise as participants in-between Onlinepassportindia.com and Passport Seva- Consular, Passport & Visa Division- Ministry of External Affairs- Government of India.
14. ARBITRATION – Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be first attempted to be settled amicably by negotiations between the Parties, and if not amicably settled, finally settled in arbitration in accordance with applicable Arbitration and Conciliation Act. The place of arbitration shall be Bhavnagar. The arbitration shall be conducted in English language through the arbitration of a sole arbitrator to be appointed by Onlinepassportindia.com. The costs of arbitration shall be borne equally by both parties. The award of arbitrator shall be final and binding on both the Parties.
15. GOVERNING LAW. This Agreement will be governed by the laws of the Singapore as applied to agreements entered into and performed entirely within the jurisdiction of Bhavnagar.
16. NOTICE. Onlinepassportindia.com may provide Customer with general notice by electronic mail to Customer’s e-mail address of record. Customer must give notice to Onlinepassportindia.com by emailing at [email protected]
17. CREDIT OF SERVICE. Customer hereby agrees to allow Onlinepassportindia.com to use Customer’s name, image, photo, logo image and a description of its relationship with Customer on the Site and in Onlinepassportindia.com’s marketing and publicity materials.
18. PUBLICATION AND POSTINGS – Customer agrees and covenants that it will not at any time make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments or statements concerning the Onlinepassportindia.com or its businesses, or any of its employees, officers and existing and prospective customers, investors and other associated third parties. Any act done with respect to Publication and Posting clause which diminishes the goodwill of Onlinepassportindia.com, tarnishes the reputation of Onlinepassportindia.com, give any form of loss to Onlinepassportindia.com (monetary, socially or etc.) will make Customer eligible for breach of trust, violation of Information Technology Act and all other applicable laws. Onlinepassportindia.com will have right to take immediate lawful action against the Customer, as applicable.
19. FORCE MAJEURE. Onlinepassportindia.com shall not be liable for any losses arising out of the delay or interruption of its performance of obligations under the Agreement due to any act of God, act of governmental authority, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Onlinepassportindia.com employees), Internet service provider failures or delays, or denial of service attacks, unplanned system down time, or any other cause beyond Onlinepassportindia.com ’s reasonable control.
22. MISCELLANEOUS. This Agreement and Rules expressly referencing this Agreement constitute the entire agreement and understanding between Onlinepassportindia.com and Customer and supersede all prior and contemporaneous agreements, documents, and proposals, oral or written, between the Onlinepassportindia.com and Customer. Customer may not transfer, assign, sublicense, or delegate any right or duty under this Agreement to another entity or person without the express written consent of Onlinepassportindia.