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Please read the terms and conditions carefully before registering, accessing or using the Marlinblue Technologies Services (defined below). The terms and conditions are legal contract (“Agreement”) between You and Marlinblue Technologies Private Limited (“Marlinblue Technologies”) having its registered office at VIM-326, 1st Floor, Sailashree Vihar, Chandrasekharpur, Bhubaneswar, Odisha - 751021, India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services and/or immediately terminate the Services and/or uninstall the mobile application.
We may amend the terms and conditions at any time by posting an updated version at Marlinblue Technologies website(s) and Marlinblue Technologies App(s). The updated version of the Terms of Service shall take effect immediately upon posting. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of Marlinblue Technologies App following the posting of changes will mean that You accept and agree to the revisions including additional Terms or removal of portions of these Terms, modifications etc. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and avail the Services.
USING Marlinblue Technologies SERVICES OR, APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Marlinblue Technologies and Marlinblue Technologies Entity Policies (including but not limited to Privacy Policy) available on the Marlinblue Technologies website(s) and Marlinblue Technologies App(s) as amended from time to time.
In order to access Marlinblue Technologies Services, you are required to provide information about yourself as part of the signup process, or as part of your ability to use services provided by Us. You agree that any information you provide will always be accurate, correct, and up to date and some services may require you to share additional information which might include your personal information, personal sensitive information. You further agree that Marlinblue Technologies (including its Group Companies/service providers/business partners), in relation to providing services to You, may collect/share Your Personal Information from/with third parties including but not limited to vehiclerelated information”. Your information management shall be as per Marlinblue Technologies Privacy Policy.
You shall promptly inform Marlinblue Technologies of any unauthorized usage of your Marlinblue Technologies Wallet or loss of mobile device and any other circumstances which may lead to unauthorized usage of your Marlinblue Technologies Account. The responsibility of any transaction prior to intimation, will solely be on the registered User;
You understand that while availing services offered by Merchants and your payment to merchants using any of Marlinblue Technologies Services (Prepaid Marlinblue Technologies Wallets, eGVs, Unified Payment Interface, Payment Gateway), you understand that we are not a party to the contract between you and the Merchant and act only as an Intermediary ( IT Act 2000). Marlinblue Technologies does not endorse any advertiser or Merchant linked to its website or app. Furthermore, Marlinblue Technologies is under no obligation to monitor the Merchant’s service used by you; the Merchant alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant must be directly resolved by you with the Merchant. It is clarified that Marlinblue Technologies shall not be responsible or liable for any deficiency in goods and/or services purchased using Marlinblue Technologies Wallet balance. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
You agree that in case any amount is transferred erroneously by You to any Merchant, Participating Platforms or any other person, Marlinblue Technologies shall not be liable to refund such amount to You under any circumstances.
You further agree that Any web-link on the website to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.
You agree that if You provide any information that is incorrect, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is incorrect, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access Marlinblue Technologies Platform and/or take necessary steps in accordance with applicable Law without any further notice.
You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with your Marlinblue Technologies account. Accordingly, you are responsible for all activities that occur under your account/is using your secure credentials and Marlinblue Technologies shall not be liable for any such change or action performed by using your secure credentials on Marlinblue Technologies Platform.
Attempting to access Marlinblue Technologies Platform using any other means apart from ones provided by Us is strictly prohibited and shall be deemed unauthorized access, whether attempted or accessed through any automated, unethical or unconventional means. Further you should not directly or indirectly engage in any activity using device, software or any routine process that disrupts or interferes with our ability to service you or any other user(s) on Marlinblue Technologies Platform, including the servers and/or networks to which our resources are located or connected. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by You, as explained above, and may incur criminal or civil liability.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual or digital process, to access, acquire, copy or monitor any portion of the Marlinblue Technologies Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Marlinblue Technologies Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Marlinblue Technologies Platform.
You shall not probe, scan or test the vulnerability of the Marlinblue Technologies Platform or any network connected to the Us, You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Marlinblue Technologies Platform, or any other customer, including any account on the Marlinblue Technologies Platform not owned by You, or exploit the Marlinblue Technologies Platform or any Marlinblue Technologies Service or information made available or offered by or through the Marlinblue Technologies Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Marlinblue Technologies Platform.
In the event of any dispute, Marlinblue Technologies records shall be binding as the conclusive evidence of the transactions carried out through use of Marlinblue Technologies Services.
Marlinblue Technologies shall send all customer communications by SMS and/or email and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers.
Agree to receive all commercial messages including transactional messages from Marlinblue Technologies/ Merchant.
To use the Marlinblue Technologies Services in good faith and in compliance with all applicable laws and regulations.
You would be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied by a Merchant or otherwise arising from online transactions. ensure that the Marlinblue Technologies Services are not used for transactions in foreign currency, unless permitted for any Marlinblue Technologies Service.
Marlinblue Technologies or Marlinblue Technologies Entities may invite you to participate in any offer from time to time. You agree that participating in such an offer is subject to your agreement to the respective offer terms and conditions. You also understand that the offers might be provided by third parties on Marlinblue Technologies Platforms and you may require to agree to respective terms and conditions of third parties. You further agree that offers provided to any user may vary from user to user.
Marlinblue Technologies reserves the right to disqualify You from any offer in case you do not meet the eligibility criteria for such an offer or any other reasons thereof including but not limited to misuse of offer, misrepresentation, fraud or suspicious transactions/activities, including but not limited to PMLA directives or any at our sole discretion without further notice.
Marlinblue Technologies and Marlinblue Technologies entities may communicate with you on the contact information that you may have provided to Us during the course of your engagement, including but not limited to signup, transacting or availing any third party products or services on Marlinblue Technologies Platform.
We will send you communication alerts via emails or SMS or push notifications or via other progressive technology. You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your Phone being switched off, incorrect email address, network interruptions. You agree not to hold Marlinblue Technologies liable for non-delivery for any alert or any loss suffered by you due to delay, distortion or failure of communication.
You further acknowledge that you are responsible for the contact details shared with Us and shall update us on any change on your contact details. You authorize Us to contact you and communicate with you for any Marlinblue Technologies Service or Offer(s). We may use third party service providers to send alerts or communicate with you. You authorize Marlinblue Technologies and Marlinblue Technologies Entities to override the DND settings to reach out to you over calls, SMS, emails and any other mode of communication.
Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Marlinblue Technologies or Marlinblue Technologies entities as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.
All material on this Marlinblue Technologies website and mobile application, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of Marlinblue Technologies, Marlinblue Technologies Entities or Business Partners. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
You understand and agree that Marlinblue Technologies and Marlinblue Technologies Entities reserve the right to use the services of themselves to provide any of the mentioned Marlinblue Technologies Services to you within Marlinblue Technologies Platforms.
You agree that Marlinblue Technologies at its sole discretion may terminate your contract without prior notice and restrict your access to Marlinblue Technologies application if We determine that You have violated the terms of use and You consent that in case Marlinblue Technologies suffers losses, not limited to monetary losses, due to Your actions, We can take injunctive relief or any other legal action as deemed necessary within the said circumstances and Marlinblue Technologies is not liable for any loss to You due to termination.
Financial and non-financial transactions performed by You on Marlinblue Technologies Platform is always processed by You or under Your exclusive authorization.
In no event will Marlinblue Technologies be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise, exceed the amount paid by You for using the Services giving rise to the cause of action or Rupees One Hundred (Rs. 100) whichever is less.
You shall indemnify and hold harmless Marlinblue Technologies, Marlinblue Technologies Entities, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms of Use, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts in Khurda, Odisha shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the Marlinblue Technologies Services /PA or other matters covered herein.
Disputes or differences or concerns if any should be raised within 30 days of happening or non-happening of an event related to Marlinblue Technologies Services, except in case of unauthorised transactions on Your Marlinblue Technologies Wallet/eGV, which shall be reported by You as soon as You identify the issue and investigation for such disputes is subject to terms of use of Marlinblue Technologies PPI (“Marlinblue Technologies Wallet”/”eGV”)
As part of this continual innovation and improvement, we sometimes may add or remove features and functionalities, increase, or decrease limits to our Marlinblue Technologies Services, start offering new services or stop offering old ones on Marlinblue Technologies Platforms. Such offering can also be due to discontinuation of any service or offering on Marlinblue Technologies Platform by third party service providers or business partners.
We may record or monitor Our conventions with You for records and monitoring quality of our conversations.
Any content downloaded or otherwise obtained through the use of our Platform is done at your own discretion and risk, and We cannot confirm that such documents or contents are error or virus free and You understand and acknowledge that you are solely responsible for any damage to your devices, for any loss of data that may result from the download of such contents.
Marlinblue Technologies and third-party partners make no warranty, express or implied regarding the quality of Services including but not limited to: the Services will meet your requirements; the Services will be uninterrupted, timely or error free; or any products, information or material obtained by You in connection with the services will meet Your requirements.
Except as expressly provided herein and to the full extent permitted by law, the Marlinblue Technologies Services are provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the Marlinblue Technologies Services and other information provided by Marlinblue Technologies or generally available. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement.
If you have a dispute with other parties, you release Marlinblue Technologies (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.