THE USER UNDERSTANDS AND UNCONDITIONALLY ACKNOWLEDGES THAT EVEN THOUGH THE USER MAY BE ALLOWED TO EXECUTE TRANSACTIONS ON THE PLATFORM OF LINK4SOLUTION, THE FUNDS SHALL NOT BE SETTLED TO THE ACCOUNT OF SUCH USER PENDING COMPLETION OF KYC OBLIGATIONS ON THE PART OF THE USER IN ACCORDANCE WITH THE RBI’S KYC GUIDELINES (DEFINED BELOW). FURTHER, UPON NON-COMPLETION OF KYC OBLIGATIONS ON THE PART OF THE USER, AS MENTIONED ABOVE, TO THE SATISFACTION OF LINK4SOLUTION, WE RESERVE THE RIGHT TO NOT RELEASE THE SETTLEMENT AMOUNTS TO THE USER AND MAY EVENTUALLY REVERSE THE FUNDS TO THE ACCOUNT FROM WHERE SUCH PAYMENT ORIGINATED.
Provision of the Services being offered by Link4solution
Link4solution is constantly evolving in order to provide the best possible experience and information to its Users. You acknowledge and agree that the form and nature of the Services which Link4solution provides may change from time to time without any prior notice to you.
As part of this continuing process, you acknowledge and agree that Link4solution may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at Link4solution’s as per the terms of letter of engagement.
You acknowledge and agree that if Link4solution disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account, and Link4solution shall intimate you regarding the same.
Link4solution reserves the right to delete your User information stored in your account including but not limited to all or any personal information or any sensitive personal data or information (“SPDI“) stored in your User account. Alternately, a User may notify us if they do not wish that we retain or use the personal information or SPDI by contacting the Grievance Officer (as provided below). However, in such a case, we may not be able to provide you some or all of our Services.
By using our Services you agree that Link4solution disclaims any liability or authenticity of any information that may have become outdated since the last time that particular piece of information was updated. Link4solution reserves the right to make changes and corrections to any part of the content of this Website at any time without any prior notice to you. Unless stated otherwise, all pictures and information contained on this Website are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock. Please contact the Grievance Officer by an e-mail if you are the copyright owner of any content on this Website and you think the use of the above material violates the terms of the applicable Copyright law in any manner. In your request, please indicate the exact URL of the webpage to enable us to locate the same. We will endeavour to address your concerns and take necessary steps, if required. Please note that all images displayed on the Website have been digitised by Link4solution. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Link4solution.
Use of the Services by User
Notwithstanding anything else contained in any other agreement involving you and Link4solution and/ or any other third party, in order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.
Any amendment or rectification of your Registration Data in the User account can be carried out by accessing the “User account” section on the Website. You may choose to delete any or all of your User content/ information or even the User account at any time. Processing such deletion may take some time, but the same shall be done by Link4solution. We may maintain backup of all User content for such time as may be required under applicable laws and for operational purposes of Link4solution. You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure on your part to protect your login ID or password or any other credential pertaining to your account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at email@example.com. In the event of any dispute between two or more parties as to ownership of any particular account with Link4solution, you agree that Link4solution shall be the sole arbitrator for such dispute and that Link4solution’s decision in this regard will be final and binding on you.
You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to another person and to which you do not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- Harms minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights of any person or entity anywhere in the world;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonates another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
- Is illegal in any other way.
You agree and understand that Link4solution reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Website, you are requested to immediately contact our Grievance officer.
You agree to use the data owned by Link4solution (as available on the Website or through any other means like API(s) etc.) only for the purposes defined in the letter of engagement and not for any other use unless agreed to by Link4solution in writing.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Link4solution, unless you have been specifically allowed to do so in a separate agreement with Link4solution . You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers)
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this Website.
Unless you have been specifically permitted to do so in a separate agreement with Link4solution, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
Link4solution may share any Content (defined hereinafter) generated by the User or their Registration Data with governmental and regulatory agencies who are lawfully authorised for investigative, protective and cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution pertaining to cyber security incidents and punishment of offences under any law for the time being in force.
Content in the Services
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Link4solution (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Link4solution or by the owners of that Content, in writing and in a separate agreement.
Link4solution reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
Link4solution reserves the right to moderate, publish, re-publish, and use all User generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. Link4solution is not liable to pay royalty to any User for re-publishing any content across any of its platforms.
If you submit any material on the Website, you agree thereby to grant Link4solution the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned or affiliated.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Services will be at your own risk.
You agree that you are solely responsible for (and that Link4solution has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Link4solution may suffer) by doing so.
You acknowledge and agree that Link4solution (or Link4solution’s licensors) owns all legal and proprietary right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Link4solution and that you shall not disclose such information without Link4solution’s prior written consent.
Unless you have been expressly authorized to do so in writing by Link4solution, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
Compliance with anti-bribery and anti-corruption laws
User agrees and unconditionally undertakes to comply with all applicable commercial and public anti-bribery and anti-corruption laws (including but not limited to the provisions of Foreign Corrupt Practices Act, 1977, UK Bribery Act, 2010, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto) which prohibit the User, its/ his/ her officials, representatives, agents or any other person associated with or acting on behalf of such User from giving, offering, promising to offer, receiving/ accepting or acting in any other manner so as to induce a payment, gift, hospitality or anything of value (either directly or indirectly) whether from within the country or from abroad to government officials, publics servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties or office bearers thereof or any other third party or person in order to obtain an improper commercial/business advantage of any kind. Government Officials include any government employee, candidate for public office, an employee of government – owned or government — controlled companies, public international organisation and political parties. User also agrees not to give, offer, pay, promise or authorise to give or pay, directly or through any other person, anything of value to anybody for the purpose of inducing or rewarding any favourable action or influencing a decision in favour of the User. The User also unconditionally agrees and undertakes that it is compliant with and shall do/ undertake all acts necessary to continue to be compliant with the provisions of ‘The Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation’, RBI, as amended from time to time.
Exclusion of Warranties
You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an “as is” and “as available” basis.
In particular, Link4solution, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
- The information or Contents provided on the Website are accurate, complete and updated;
- Your use of the Services will meet your requirements;
- Your use of the Services will be uninterrupted, timely, secure or free from error;
- Any information obtained by you as a result of your use of the Services will be accurate or reliable; and
- That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
Link4solution further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Representations and Warranties of User
The User hereby represents and warrants:
- That User, in case of a natural person, is at least 18 years old with a conscious mind fit and proper to enter into this agreement (the “Policies”), is a resident of India with valid credentials and is an entity who is legally eligible to carry out or operate a business in India;
- That the all the information and documents pertaining to his/ her identity and address proof, as submitted for the purpose of know your client (KYC) verification with Link4solution are true and genuine and are not fabricated or doctored in any way whatsoever; That the User shall hold and keep Link4solution, its promoters, directors, employees, officials, agents, subsidiaries, affiliates and representatives harmless from any liabilities arising in connection with any incidental or intentional discrepancy that is found to be there in the documents submitted by such User for the purpose of KYC formalities;
- That any incidental or upfront liability arising in connection with User’s/ seller’s KYC formalities for the purpose of availing the services of Link4solution shall be the absolute responsibility and repercussion of the User and neither Link4solution nor any of its affiliates or office bearers shall be responsible in any way for any reason including for ascertaining the veracity of the KYC documents submitted by such User with Link4solution;
- That User shall be solely responsible for understanding and complying with any and all applicable laws relevant to the User and their business, and any liability, whether pecuniary or otherwise, arising from any non-compliance of such applicable laws shall be at the sole cost and risk of such User;
- That the User shall ensure that its IT systems and infrastructure are compliant with the mandates of PCI-DSS and Payment Application-Data Security Standard, as applicable to it;
- That the User shall operate and conduct his/ her business as per declaration provided by such User to Link4solution at the time of onboarding of such User by Link4solution and shall promptly report any change/ deviation/ addition/ deletion in the scope of business activities of such User to Link4solution;
- That all data, information, inventions, intellectual properties (including patents, trademarks, copyrights, design and trade secrets), know-how, new uses and processes, and any other intellectual property right, asset or form, including, but not limited to, analytical methods, procedures and techniques, research, procedure manuals, financial information, computer technical expertise, software for the purpose of availing of services of Link4solution and any updates or amendments thereto is and shall be the sole intellectual property of Link4solution and should in no way be construed to grant any rights and/ or title to the User in such intellectual property of Link4solution;
The User shall indemnify and hold Link4solution, its subsidiaries, affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with Link4solution in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:
- Fraud, negligence and willful misconduct by the User in the use of the Services;
- Violation of applicable laws in the use of the Services and/ or in the conduct of the business of the User.
- Disputes raised by a User’s customer in relation to a transaction where such dispute is not attributable to the Services;
- Penalties, fines, charges, or any other actions as a result of breach or violation of any the User’s representations and warranties; and
Limitation of Liability
Subject to the overall provisions stated above, you expressly understand and agree that Link4solution, its subsidiaries, affiliates, promoters, directors, employees, agents and licensors shall not be liable to you for:
- Any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services;
- The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
- Your failure to provide Link4solution with accurate Registration Data; or
- Your failure to keep your password or account details secure and confidential.
Link4solution shall not be in breach of its obligation hereunder if it is delayed in the performance of, or is unable to perform (whether partially or fully) its obligations (provide the Services) as a result of the occurrence of a Force Majeure Event (defined below).
The User may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to Link4solution and its affiliates, marketing prospects, contractors, officers, directors or shareholders, personal data of customers of the User, financial and operational information, billing records, business model and reports, computer systems and modules, secure websites, reporting systems, marketing strategies, operational plans, proprietary systems and procedures, trade secrets and other similar proprietary information, including technical “know-how”, methods of operation, business methodologies, software, software and technology architecture, networks, any other information not generally available to the public, and any items in any form in writing or oral, clearly identified as confidential (“CONFIDENTIAL INFORMATION“).
The User hereby unconditionally and irrevocably agrees and undertakes to take all necessary measures to ensure that the User’s website or any other computer system that is being used to effect Transactions by the usage of Services, do not store/ save any customer card or any other such related data. You further undertake that you shall be responsible for ensuring complete and absolutely privacy, anonymity and security of all customer data flowing through your systems during the usage of the Services by you.
Exceptions: The aforesaid confidentiality obligations shall impose no obligation on the User with respect to any portion of Confidential Information which:
- Was at the time received or which thereafter becomes, through no act or failure on the part of the User, generally known or available to the public;
- Was at the time of receipt, known to the User as evidenced by written documentation then rightfully in the possession of the User or Link4solution;
- Was already acquired by the User from a third party who does not thereby breach an obligation of confidentiality to Link4solution and who discloses it to the User in good faith;
- Was developed by the User without use of the Link4solution ‘s Confidential Information in such development; or
- Has been disclosed pursuant to the requirements of applicable law, any governmental/ regulatory authority, judicial/ quasi-judicial authority provided however, that Link4solution shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order.
The User shall notify Link4solution immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach. The User will cooperate with Link4solution in every reasonable way to help Link4solution regain possession of such Confidential Information and prevent its further unauthorized use.
Remedies: Parties acknowledge that irreparable damage may occur on breach of the terms and provisions set out herein. Accordingly, if the User breaches or threatens to breach any of the provisions set out here, then Link4solution shall be entitled, without prejudice, to seek all the rights and remedies available to it under applicable law, including a temporary restraining order and an injunction restraining any breach of the provisions set out therein. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available under applicable law or in equity.
Governing Law, Settlement of Disputes and Jurisdiction
You may address any complaints or discrepancies in relation to the processing (including storing and using) of your Personal Information (including Sensitive Personal Information) to:
Mr. Brinder Kumar
Digibooks Link4solution Private Limited
Address: House no 1685, Sector 22 B, Chandigarh(UT)-160022, India
Complaints and Regulatory and Grievance Redressal
Mr. Brinder Kumar
Digibooks Link4solution Private Limited
Address: House no 1685, Sector 22 B, Chandigarh(UT)-160022, India