ODSPE would like you to read these general terms of conditions (“Terms of Use / “Terms of Service” / “Terms”) carefully, before you use StarkingPay platform or any of its services (“Services”). These Terms are legally binding and govern the use of our website, our mobile application, and other properties collectively called as the StarkingPay platform or “Platform” created by ODSPE. By signing-up to use the Platform, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By signing up to use the Platform, you represent that you have provided us with valid identifying information which may be used to verify your identity. Please note that we may restrict, suspend, or terminate your access at any time to the Platform if we believe you have breached these Terms. 1. GENERAL TERMS AND CONDITIONS These General Terms and Conditions govern the User’s access to the Services provided by ODSPE: 1.1 INFORMATION SUPPLIED TO ODSPE Users agree that the information provided by the Users to StarkingPay platform on registration and at all other times, including payment, is true, accurate, current, and complete. 1.2 SECURITY OF ACCOUNT. Users’ mobile number and email identifies a Users’ account with StarkingPay platform through which StarkingPay platform services are dispensed (Account”). The Simple Pay encourages Users to choose a strong password to protect their Account. It is advised that Users do not share their password with anyone or write it down. Neither StarkingPay platform nor its Service Providers, under any circumstances, will ever ask for a User's Account password or any other confidential information. If a User has any reason to believe that his Account is no longer secure, then the User shall immediately change the Account password and indemnify StarkingPay platform or ODSPE or any of its employees, directors, owner or associated partners from any liabilities that may arise from the misuse of such Users Account. 1.3 RECLAIMING INACTIVE ACCOUNTS. If an Account is found to be overly inactive, the Account may be reclaimed by StarkingPay without providing notice to the concerned User. An Account is considered as inactive if the concerned User is not signing in and/or has not done any transactions for more than one (1) month. 1.4 THIRD PARTY SITES, PRODUCTS AND SERVICES. StarkingPay services and/or the Site may include links or references to other web sites or services solely for the Users’ convenience (Reference Sites”). StarkingPay does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Correspondence or business dealings between Users and concerned Reference Sites are solely between such User and the concerned Reference Site. 1.5 COMMUNICATION POLICY. a.) The User hereby accepts that StarkingPay may send transactional or non-transactional business communication in the form of SMS or Email or Push notifications as part of its efforts to fulfil the User’s request or service your account. A User may continue to receive all such communication from StarkingPay even after opting out of marketing communications. b.) StarkingPay will make the best efforts to provide notifications and it shall be deemed that the User shall have received the information sent from the Company during the course of, or in relation to, using the StarkingPay Platform or availing any Services. StarkingPay shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User cannot hold the Company liable for non-availability of any notification service in any manner whatsoever. 1.6 LIMITATION OF LIABILITY. In no event will ODSPE or StarkingPay or its directors, agents, officers, partners or employees be liable to a User for any special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) of any kind arising out of or relating to (i) this Terms of Use or any other agreement entered by a User with StarkingPay Platform, (ii) StarkingPay services, the Site or any Reference site, or (iii) Users use or inability to use StarkingPay services, the Site or any Reference Sites, even if StarkingpayPay or a StarkingPay authorized representative has advised of the possibility of such damages, (iv) unauthorized access to or alterations of transmissions or data, any material or data sent or received or not sent or received, (v) any transactions entered into by any third person or conduct of any other third party or any infringement of anothers rights, (vi) the use of counterfeit or stolen cards, or stolen devices, or (vii) fraudulent electronic transactions. It shall be at the sole discretion of StarkingPay Platform to reverse any transaction subject to approval of the concerned Service Provider. Notwithstanding the above, if any court of law finds that ODSPE or its directors, officers, or employees, are liable to indemnify a concerned User despite the existence of this Clause 1.7, such liability shall not exceed the amount paid by the concerned User, if any, for using the portion of the StarkingPay’s services or the Site giving rise to the cause of action. Users acknowledge and agree that ODSPE has offered its products and services, set its prices, and entered into these Terms of Use and Applicable Agreement in reliance upon the warranty, disclaimers, and the limitations of liability set forth herein. Users acknowledge that the warranty, disclaimers, and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between Users and StarkingPay Platform, and that the warranty, disclaimers, and the limitations of liability set forth herein form an essential basis of the bargain between Users and StarkingPay. StarkingPay Platform would not be able to provide the services to Users on an economically reasonable basis without these limitations. 1.7 FRAUDULENT TRANSACTIONS a. If ODSPE is intimated, by the bank, that a Customer has reported an unauthorized debit/chargeback of the Customer’s Payment Instrument (“Fraudulent Transaction”), User shall be notified by the StarkingPay Platform. The User shall be entitled to furnish documents and information pertaining to the Transaction associated with the Chargeback within three (3) days (or such other period specified by the bank). The User agrees and acknowledges that (i) if the User is unable to furnish Chargeback Documents (ii) the bank is not satisfied with the Chargeback documents furnished by the User, then the bank shall be entitled to order the StarkingPay Platform to effect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said chargeback amount is credited to the Customers Payment Instrument. StarkingPay Platform shall also be entitled to suspend the settlement of the amount under dispute or hold the value of transaction under dispute from the following settlement of the transaction during the pendency of inquiries, investigations and resolution thereof by the Service Providers to the User. b. The User also agrees and acknowledges that it is liable to pay fines, penalties and charges imposed by the Banks, card payment networks or any regulatory authority on account of Transactions that are in violation of Applicable Law. c. The User further agrees and acknowledges that following StarkingPay Platform incurring the charge, if the available Transaction Amounts are insufficient for deduction of the Chargeback Amount, then StarkingPay Platform is entitled to issue a debit note seeking reimbursement of the Chargeback Amount from the User. The User shall reimburse the Chargeback Amount within three (3) working days of receipt of the debit note. d. The Parties hereto agree that any payment instructions for Transactions accepted by the User as per the terms hereof which are subsequently disputed due to (a) the authorization by the User of any Transaction with an amount exceeding the User’s account balance or credit limit, or (b) the authorization by the User of a fraudulent Transaction, shall always be the liability and responsibility of User. e. The User hereby acknowledges and agrees that ODSPE is a facilitator for payment processing services which are requested and authorized by Users and StarkingPay Platform shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another’s rights or any chargebacks claimed by the Customers 1.8 SECURITY OF YOUR ACCOUNT. a. The User shall comply with the provisions contained in the Information Technology Act, 2000 and the statutory rules framed there under, from time to time, in so far as the same has application to its operations in accordance with these Terms of Use, and also with all other Laws, rules and regulations, whether already in force or which may be enacted from time to time, pertaining to data security and management, data storage, sharing and data protection, and various rules, regulation and provisions as may be applicable, as and when the same is enacted into a law and comes into force, and shall ensure the same level of compliance by all its employees. b. The User confirms and certifies that it shall not engage in any act that violate any laws and regulations. It shall also ensure that the financial data or any other information of the Customers received by the User are stored in a system only in India. This data shall include full end to end transaction details/information collected/carried/processed as part of the message/payment instructions. 1.9 USER’S REPRESENTATIONS AND WARRANTIES. The User represents and warrants that: a. it shall immediately intimate StarkingPay Platform of any violation or potential violation of these Terms of Use or of other circumstances that may cause damage to the goodwill and reputation of StarkingPay Platform or ODSPE, b. it shall be responsible to obtain any and all consents and approvals that are required from regulatory or governmental authorities, including any consent from Customers required to transfer data to the User and/or the StarkingpayPay Platform, as the case may be, in accordance with Applicable Law c. All costs associated with purchasing of software licenses and hardware (if any) are to be absolutely and unconditionally borne by the User, d. it shall be solely responsible for and hereby undertakes to strictly comply with privacy Policy. and Applicable Law having jurisdiction in any manner whatsoever in connection with discharge of its duties under the Applicable Agreement, including but not limited to data protection, security, piracy, and directions issued by the Reserve Bank of India relating to payment data, and shall obtain and maintain in full force and effect all registrations required under Applicable Law for the operation of the business in terms of the Applicable Agreement, and e. it shall not access (or attempt to access) the website and the Products by any means other than through the interface that is provided by StarkingPay. f. it shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means. 1.10 INDEMNIFICATION. (A) User agrees to indemnify, save, and hold ODSPE, its affiliates, contractors, employees, officers, directors, agents and its third-party suppliers, licensors, and partners harmless from any and all claims, demands, actions, suits which may be threatened or brought against ODSPE, and also against all losses, damages, liabilities, costs, charges and expenses, including without limitation, legal fees and expenses arising out of or related to: a. Users’ use or misuse of StarkingPay Platform services or of the Site/application, b. Any violation by the User of Terms of Use or Applicable Agreement, c. Any breach of representations, warranties and covenants made by the User in these Terms of Use, or Applicable Agreement, d. Any claim or legal notice or quasi-legal proceedings to which ODSPE may be required to become party or to which ODSPE may be subjected by any person including any governmental authority, by reason of breach of any Applicable Law, e. Due to failure of a User to obtain any required statutory or regulatory approval necessary for the performance of its obligations in the Applicable Agreement with ODSPE, f. All liability, claims, damages, costs, expenses suffered or incurred by ODSPE das a result of any act or violation by User under Section 269ST of the Income Tax Act, 1961 while acting as collection agent of the Company g. StarkingPay Platform reserves the right, at User’s expense, to assume the exclusive defense and control of any matter, including rights to settle, for which concerned User is required to indemnify ODSPE. The User agrees to cooperate with ODSPE’s defence and settlement of these claims. 1.11 DISCLAIMER To the fullest extent permissible pursuant to Applicable Law, ODSPE and its officers, directors, employees, and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by a User from StgarkingPay Platform or through ODSPE services or the Site will create any warranty not expressly stated herein. ODSPE does not authorize anyone to make any warranty on its behalf and Users should not rely on any such statement. Users acknowledge that ODSPE is a reseller and is not liable for any third-party seller’s obligations. It is User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, merchandise and other information provided through the Site or on the internet generally. ODSPE does not warrant that its services will be uninterrupted, or free of errors, viruses or other harmful components, and that any of the foregoing defects will be corrected. ODSPE’s services and the Site and any data, information, third party software, Reference Sites, or Software made available in conjunction with or through its services and the Site are provided on an as is” and “as available, “with all faults basis and without warranties or representations of any kind either express or implied. ODSPE and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of ODSPE’s services, the Site or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise. 1.12 INTELLECTUAL PROPERTY. A. ODSPE services and the Site are owned and operated by StarkingPay Platform and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of ODSPE’s services and the Site provided by ODSPE (the “Materials”) are protected by Applicable Law. As between User and ODSPE, all Materials and ODSPEs Intellectual Property are the property of ODSPE and/or third-party licensors or suppliers. User agrees not to remove, obscure, or alter ODSPE or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through ODSPE’s services. Except as expressly authorized by ODSPE, the User agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or ODSPE Intellectual Property. Parties do not accrue any rights or interest in the other Partys Intellectual Property and use of any Intellectual Property by either User or ODSPE shall be strictly in for the fulfilment of and in compliance with the terms of the agreement between such User and ODSPE The concerned User agrees to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights. B. The User undertakes that: i. they shall use the Intellectual Property solely for discharge of their duties under the Applicable Agreement, ii. they shall use Intellectual Property of other party only in the form and manner stipulated by such other party iii. they shall seek prior written consent from other party for use of such partys Intellectual Property which is not previously provided for by such Party, iv. they shall bring to other party’s notice all cases concerning such party’s Intellectual Property’s (a) infringement, (b) passing off, (c) registration, or (d) attempted registration, v. they shall render to other party all assistance in connection with any matter pertaining to the protection of such party’s Intellectual Property whether in courts, before administrative agencies, or otherwise, vi. they shall refrain from taking any action which shall or may impair other partys right, title or interest in the Intellectual Property, or create any right, title or interest therein or thereto, adverse to that of the other party, vii. they shall not use or permit to be used the Intellectual Property by any unauthorized person, and viii. they shall not misuse the Intellectual Property or use it together with any other mark or marks. 1.13 CONFIDENTIALITY. a. The User shall keep Confidential Information as confidential. The User confirms that it shall protect Confidential Information with such security, confidentiality and degree of utmost care as it would prudently apply to its own confidential information and use it solely in connection with the transaction to which the Confidential Information relates. The User acknowledges and agrees that it is aware of the sensitivity & secrecy involved in keeping the customer data/information and transaction records and shall ensure that neither the User nor their employees, directors etc. i. which is already in the possession of the receiving Party and not subject to any other duty of confidentiality, ii. that is at the date hereof, or subsequently becomes, public otherwise than by reason of a breach by the receiving Party of these Terms of Use, iii. Information that becomes legally available to the receiving Party and/or its affiliates or professional advisors on a non-confidential basis from any third party, the disclosure of which does not, to the knowledge of that Party, violate any contractual or legal obligation which such third party has to the other Party with respect to such information, and iv. Information that is independently acquired or developed by the receiving Party and/or its affiliates or professional advisors. b. The User hereby agrees that it shall not disclose any Confidential Information received by it without the prior written consent of the Company to any third party at any time. Provided however, that either Party may make the following disclosures for which no consent shall be required from the other Party: i. Disclosures to its legal and other professional advisers, instructed by it that it reasonably determines need to receive the Confidential Information; or ii. Disclosures to its directors, officers, employees, affiliates/subsidiaries/group/holding companies, third party service providers and any employees thereof that it reasonable determines need to receive the Confidential Information; iii. Disclosures to any person to whom it is required by law or any applicable regulatory, supervisory, judicial or governmental order, to disclose such information, or at the request of any regulatory or supervisory or judicial or government authority. 1.14 GOVERNING LAW. This Terms of Use shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions and the exclusive jurisdiction of competent courts in New Delhi, India. 1.15 FORCE MAJEURE. ODSPE shall not be liable for failure to perform its obligations under these Terms of Use to the extent such failure is due to causes beyond its reasonable control. In the event of a force majeure, the Company if unable to perform shall notify the User in writing of the events creating the force majeure and the performance obligations of the Company will be extended by a period of time equal to the length of the delay caused by force majeure; provided that if any such delay exceeds ninety days, then following such ninety day period, either Party hereto may terminate the unperformed portions of these Terms of Use on ten days prior written notice to the other Party. For the purposes of these Terms of Use, force majeure events shall include, but not be limited to, acts of God, failures or disruptions, orders or restrictions, war or warlike conditions, hostilities, sanctions, mobilizations, blockades, embargoes, detentions, revolutions, riots, looting, strikes, stoppages of labor, lockouts or other labor troubles, earthquakes, fires or accidents and epidemics 1.16 MISCELLANEOUS, a. SEVERABILITY. If any provision of this Terms of Use is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Terms of Use to the minimum extent required, and the remaining provisions will remain valid and enforceable. b. ASSIGNMENT. These Terms of Use and any rights granted hereunder, shall not be assignable by the User, but may be assigned by ODSPE without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect. c. NOTICE ODSPE may provide Users with notices and communications by email, regular mail, or posts on the StarkingPay website, www.starkingpay.in or by any other reasonable means. Except as otherwise set forth herein, notice to ODSPE must be sent by cosurier or registered post to the Legal Department, ODSPE 375,Shahpur Jat Asian Games Village, - 110049 (INDIA) d. WAIVER. The failure of ODSPE to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by ODSPE. e. RELATIONSHIP BETWEEN THE PARTIES. The Terms of Use are not intended by the Parties to constitute or create a joint venture, pooling arrangement, partnership, agency or formal business organization of any kind. ODSPE and the User shall be independent contractors with each other for all purposes at all times and neither Party shall act as or hold itself out as an agent or representative of the other Party nor shall create or attempt to create liabilities for the other Party by acting or holding itself out as such. GRIEVANCE REDRESSAL: Any complaint, dispute, grievance can be addressed to ODSPE through its Customer Service in accordance with its Grievance Policy.