KAUSTUBH & CO.

Society: Demo Co-op Housing Society
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Terms of Service

 

Terms of service

IMPORTANT NOTES

1.Terms of service

By accessing this Website, accessible from www.kaustubhandcompany.com, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law. 

2. Use License

Permission is granted to temporarily download one copy of the materials on Kaustubh & Company's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose or for any public display;
  • attempt to reverse engineer any software contained on Kaustubh & Company's Website;
  • remove any copyright or other proprietary notations from the materials; or
  • transferring the materials to another person or "mirror" the materials on any other server.

This will let Kaustubh & Company to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.

4. Price

Our services start from Rs. 22/- Per Member per Month.

5. Disclaimer

All the materials on Kaustubh & Company's Website are provided "as is". Kaustubh & Company makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Kaustubh & Company does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.

6. Limitations

Kaustubh & Company or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on Kaustubh & Company's Website, even if Kaustubh & Company or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.

7. Revisions and Errata

The materials appearing on Kaustubh & Company's Website may include technical, typographical, or photographic errors. Kaustubh & Company will not promise that any of the materials in this Website are accurate, complete, or current. Kaustubh & Company may change the materials contained on its Website at any time without notice. Kaustubh & Company does not make any commitment to update the materials.

8. Links

Kaustubh & Company has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Kaustubh & Company of the site. The use of any linked website is at the user's own risk.

9. Site Terms of Use Modifications

Kaustubh & Company may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.

10. Your Privacy

Please read our Privacy Policy.

11. Governing Law

Any claim related to Kaustubh & Company's Website shall be governed by the laws of in without regards to its conflict of law provisions.

Kaustubh & Co. integrates in its Products with many Third Party / Banks Payment Gateways. The usage of the Payment Gateway integrated with products of Kaustubh & Co. will be governed and or subject to the below mention Payment Gateway Terms & Conditions.

DEFINITIONS:-

  1. Service Provider: Kaustubh & Co., hereinafter will be referred as "We" and or "Service Provider" and are interchangeable. It also represents any group company /subsidiary company of Kaustubh & Co.
  2. Products: Means all services / offerings of Kaustubh & Co., that are SaaS (Software as a Service) Products including but not limited to the Portals: kaustubhandco.online
  3. Association / Society: "Association" and "Society" are used interchangeably. This Term can also be used to indicate Housing Society, Resident Welfare Association, Apartment Welfare Association, Property Builder, Facility Management Company, or any organisation authorised by Payers to collect from them.
  4. PGI: Shall mean Payment Gateway Integration, and will imply all screens on the Products of Kaustubh & Co. where Online Payment functionality is made available.
  5. PGI User: Means any person holding a Valid Credit Card/Debit card/Net Banking Account and who desires to pay the Association for the Services listed by the Association on the Products of Kaustubh & Co., and makes payment for the same over the Internet on any of the Kaustubh & Co.�s Products using a Valid Credit Card/Debit Card/NetBanking Account.
  6. Issuing Bank in respect of an PGI User, means the bank which has issued the Valid Credit Card to the PGI User with which PGI User makes the payment.
  7. Service exclusively means any service that the Association offers to provide / has provided to the PGI User, the payment for which is being made by the PGI User.

Kaustubh & Co. integrates Payment Gateway in its Products, and makes it available for the collection of dues by Associations subscribing to its Products on the Software as a Service model.

The PGI User utilises the PGI upon agreement with the below Terms. While the Terms apply to every PGI User, it is of utmost importance for the Association to understand and agree to these Terms before Activation of the PGI.

"Products" shall mean goods and/or services offered for sale by the Sub-Merchant on the Master Merchant's Website.

"Customer" means persons who will purchase Products, offered by the Sub-Merchant on the Master Merchant's Website and through the Internet Payment Gateway using a Valid Card or net banking account or any other acceptable modes of payment mechanism, provided by AirPay.

"Nodal Account" shall mean the nodal bank account held by AirPay with any of the bank for the purpose of facilitating online payments with respect to RBI notification dated 24th Nov 2009.

"Sub-Merchant" shall mean distributors and franchisees who a have entered into a contract with the Master Merchant in order to sell the Products to Customers through the Master Merchant on the Website.

PAYMENT GATEWAY TERMS:

  1. DESCRIPTION OF SERVICE
    Kaustubh & Co. has integrated third-party Payment Gateway(s) in their various product which can be availed by Associations for collecting Dues from its Owners/Tenants/Vendors/Registered vendor. For this facility, Kaustubh & Co. plays the role of an Online Collection Agent (Merchant) for the Associations.
  2. COVENANTS OF THE ASSOCIATION
    1. The Association shall ensure that all charges levied against the PGI User is valid and is meant to be collected using the "PGI". It will also maintain relevant Documentations (e.g., Bye-Laws, Membership Details) to substantiate all charges levied against the PGI User.
    2. The Association shall not input Credit/Debit Card or NetBanking Data on the PGI themselves or by the staff, on behalf of the PGI User.
    3. Kaustubh & Co. will not be a party to any Agreement between the Association and the PGI Users - whatsoever. All agreements will be between the Association and the PGI Users.
    4. The Association shall ensure that all licenses and registrations required by the Association are in full force and effect to enable the Association to collect relevant charges/taxes from the PGI User.
    5. The Association assures and guarantees to the Kaustubh & Co., the Card Associations, Acquiring Banks, Facility Providers that the Association shall comply with all rules, byelaws and standards set by the Card Associations, Acquiring Banks, the Facility Providers and further assures and guarantees that the following products and services shall not be sold to the PGI Users using the PGI-
      1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
      2. Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne
      3. Body parts which includes organs or other body parts
      4. Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam)
      5. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
      6. Child pornography which includes pornographic materials involving minors
      7. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection
      8. Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials
      9. Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials including OEM or bundled software
      10. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
      11. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
      12. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
      13. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction
      14. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content
      15. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles
      16. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property
      17. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts
      18. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
      19. Offensive goods which include literature, products or other materials that:
        1. Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factorship
        2. Encourage or incite violent acts
        3. Promote intolerance or hatred.
      20. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
      21. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner
      22. Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances
      23. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances / refrigerants; chemical / industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications
      24. Securities which includes stocks, bonds, or related financial products
      25. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
      26. Traffic devices which includes radar detectors jammers, license plate covers, traffic signal changers, and related products
      27. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
      28. Wholesale currency which includes discounted currencies or currency exchanges
      29. Live animals
      30. Multi-Level Marketing collection fees
      31. Matrix sites or sites using a matrix scheme approach
      32. Work-at-home information
      33. Drop-shipped merchandise
      34. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of the Country where the Association belongs.
  3. The Association further confirms, undertakes and assures Kaustubh & Co., the Card Associations, the Acquiring banks and the facility providers that in the event of violation of any of the byelaws and Standards of the Card Associations, Acquiring Banks, Facility Providers and Kaustubh & Co. by the Association AND any penalty imposed by the Card Associations, Acquiring Banks, Facility Providers on Kaustubh & Co. for any violation for any reason whatsoever, the Association shall on receipt of the claim from Kaustubh & Co. undertakes forthwith without any demur, protest, dispute or delay, to pay to Kaustubh & Co. the amount of the penalty / fine imposed by the Card Associations, Acquiring Banks, Facility Providers on Kaustubh & Co.
  4. DISPUTES REGARDING SERVICES
    Kaustubh & Co., the facility providers and the Acquiring Banks shall not be responsible for the quality of Services to the PGI User. (Services imply those provided by Association to the PGI User. Please refer to Definitions for details). Kaustubh & Co., the facility providers and the Acquiring Banks shall also not be responsible for any non-delivery of the Services to the PGI User. Provided that any and all disputes regarding quality, non-delivery and delay in delivery of the Service or otherwise will be dealt with by and between the Association and the PGI User directly and Kaustubh & Co., the facility providers and the Acquiring Banks shall not be a party to such disputes.
  5. INDEMNITY
    1. The Association hereby undertakes and agrees to indemnify Kaustubh & Co., the Facility Providers and the Acquiring Banks and hold Kaustubh & Co., the Facility Providers and the Acquiring Banks harmless and keep Kaustubh & Co., the Facility Providers and the Acquiring Banks at all times fully indemnified and held harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of Kaustubh & Co., the Facility Providers and the Acquiring Banks on a solicitor/attorney and own client basis), awards, damages, losses and/or expenses however arising directly or indirectly as a result of:
      1. any breach or non-performance by the Association of any of the Association's undertakings, warranties, covenants, declarations or obligations under this Agreement; or
      2. any claim or proceeding brought by the PGI User or any other person against Kaustubh & Co., the Facility Providers and the Acquiring Banks in respect of any services offered by the Association; or
      3. any act, neglect or default of the Association's agents, employees, licensees or PGI Users; or
      4. any loss or liability arising to Kaustubh & Co. or the Acquiring Banks or the Facility Providers Banks in respect of any services offered by the Association; or
      5. any claim by any other party against Kaustubh & Co., the Facility Providers and the Acquiring Banks arising from sub-clause (a), (b), (c) or (d) above.
    1. Example of specific situations could result in a charge back claim.
      1. The PGI User moves out of the Residential Complex, the Move-Out fee is levied on the PGI User. The PGI User makes payment using his credit card, and later claims to the Credit Card company, claiming it to be an incorrect Payment. In this situation, the responsibility rests with the Association to have adequate documentation, to prove that the PGI User was a Member of the Association, as well as Bye-Laws that substantiate charging of the Move-Out Fee. In absence of such substantiations, or upon non-acceptance of any such substantiation by the Acquiring Bank, Credit Card company or Card Associations, any resulting charge back (cancellation of the payment by the credit card) has to be refunded by the Association.
      2. The PGI User uses a stolen Credit Card to make a Payment. The Credit Card company will later cancel all these payments, which must promptly be refunded by the Association.
    1. The indemnities under this Article are in addition to and without prejudice to the indemnities given elsewhere in this Payment Gateway Terms and all the indemnities provided herein shall survive the termination of the Subscription Agreement.
  1. NO WARRANTY
    1. Kaustubh & Co., the Acquiring Banks and the Facility Providers disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness for a particular purpose. The Association acknowledges that the Kaustubh & Co., the Facility Providers and the Acquiring Bank's services may not be uninterrupted or error free. The Association also acknowledges that the services provided by the Acquiring banks and the facility providers to Kaustubh & Co. which is passed on to the Association under the PGI agreement, can be in any event be brought to an abrupt end in any event whatsoever by any of the acquiring banks or the facility providers for any reason whatsoever.
    2. Kaustubh & Co.'s sole obligation and the Association's sole and exclusive remedy in the event of interruption to the Services or loss of use and/or access to the Products of Kaustubh & Co., the facility Providers facilities and the Acquiring Bank�s Payment Mechanism and services, shall be to use all reasonable endeavours to restore the Services and/or access to the Payment Mechanism as soon as reasonably possible.
    3. Without prejudice to any other provision of this Agreement, Kaustubh & Co., the Facility Providers and the Acquiring Banks does not warrant that:
      1. The Products of Kaustubh & Co., the facility providers facilities and the Acquiring Bank�s Payment Mechanism will be provided uninterrupted or free from errors or that any identified defect will be corrected; or
      2. is free from any virus or other malicious, destructive or corrupting code, program or macro;
    1. For the avoidance of doubt, in no event shall Kaustubh & Co., the Facility Providers and the Acquiring Banks be liable to the Association or any other third party for any of the following: a. amounts due from PGI User in connection with any service obtained by the PGI User from the Association; b. any applicable taxes and Government levies;
  1. TRANSACTION LIMITS
    Kaustubh & Co., the Facility Providers and the Acquiring Banks reserves the right to impose limits on the number of purchases which may be charged on an individual credit card account during any time period, and reserves the right to refuse to make payments in respect of transactions exceeding such limit or from PGI Users with a prior history of questionable charges.
  2. TERMINATION
    1. Termination for Breach.
      Kaustubh & Co. may terminate the PGI Agreement with prior written notice to the Association of at least 30 days if the Association commits any breach of the terms of this Agreement.
    2. Termination in Case of Violation of Law.
      In addition to any other termination rights granted by this Terms of Service, Kaustubh & Co. may terminate the Agreement immediately without liability upon verbal or written notice if
      1. Kaustubh & Co. or the Facility Providers or the Acquiring Banks is notified or otherwise determines in good faith that the Association is using the PGI in furtherance of any activity which violates any law, rule, or regulation or
      2. Kaustubh & Co., the Acquiring Banks or the Facility Providers or any of their directors, officers, stockholders, employees or agents are made the subject of a criminal or civil action or investigation or are threatened by such action as a consequence of use of the PGI by the Association.
    1. Termination by notice
      In addition to any other termination rights granted under this Terms of Service, either Party may terminate this Agreement on 30 days written notice to the other

 



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