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Terms & Conditions

­TERMS AND CONDITIONS FOR USER

This website www.rdserviceonline.com is owned and managed by Smart Chip Private Limited, a company registered under the Companies Act, 2013, and having its registered office at TR-325, 3rd Floor, Alt F 101, Okhla, NH -19, CRRI Ishwar Nagar, Badarpur, South Delhi, New Delhi - 110044 and head office at Plot no-1-A, Sector-73, Noida-201307 Uttar Pradesh (hereinafter called “the Company”).

Your access to and use of this Website, Application and / or the Services (defined hereinafter) provided by the Company are subject to these Terms and Conditions and all applicable laws. By accessing, browsing or using this Website, Application or Services in any manner, you acknowledge that you have read, understood, accepted and agreed to be bound by these Terms and Conditions, which constitute a legally binding agreement between you and the Company.

If you do not agree to these Terms and Conditions, you must immediately discontinue access to and use of this Website, Application and Services.

The Company reserves the right to modify, amend or update these Terms and Conditions at any time. Any such modification shall become effective upon publication on the Website or Application. Your continued access to or use of the Website, Application or Services following such publication shall constitute your acceptance of the revised Terms and Conditions. Accordingly, you are advised to review these Terms and Conditions periodically.

 

  1. DEFINITIONS 

For the purpose of these Terms:

"Application" means any software, portal, platform or mobile application provided or approved by the Company.

"Device" or "Registered Device" means a biometric device registered through the Company's RD Management Server.

"RD Services" means Registered Device services provided by the Company in accordance with UIDAI specifications.

"Services" means all services provided by the Company through the Website, Application and RD ecosystem.

"Terms" means these Terms and Conditions, as amended from time to time.

"User", "Customer", "Purchaser", "You" or "Your" means any individual, entity, organization or institution accessing the Website or availing the Services.

"UIDAI" means the Unique Identification Authority of India.

 

  1. DESCRIPTION OF SERVICES

The Company provides RD (Registered Device) Services that enable customers and end users to register and manage biometric devices in accordance with UIDAI specifications and requirements through the Company's RD Management Server.

 

  1. TERM AND TERMINATION  

3.1 These Terms shall apply only to the specific Device(s) for which the RD services have been purchased. The RD Service subscription shall commence upon receipt of payment by the Company and shall remain valid for the subscription period for which payment has been made, unless renewed, extended or terminated in accordance with these Terms.

3.2 The Company reserves the right to deny access to particular Users to any/all of its Services without any prior notice, where it considers such action necessary to protect the interests of the Company, other Users or to comply with applicable laws, regulations or directions of any competent authority. The Company further reserves the right to limit, deny or provide different levels of access to the Website, Application and its features to different Users.

3.3 The Company reserves the right to suspend or terminate your account or your access to the Website, Application or the Services immediately, with or without notice and without liability:

  • if you have violated any of these Terms;
  • if you have furnished us with false or misleading information;
  • pursuant to any request, direction or order of law enforcement agency, regulatory authority or governmental authority;
  • in case of unexpected technical or security issues or problems;
  • in case of discontinuance, suspension or material modification to the Services (or any part thereof); and/or
  • in case of disruption or interference with use of our Website, Application or Services by other Users.

3.4 In the event of termination by you or the Company, your account will be disabled and you will not be granted access to your account or any information or content contained therein. In the event your account is terminated by the Company, you shall not create or attempt to create another account for accessing and using the Website, Application or Services without the prior written consent of the Company.

3.5 Termination of these Terms shall not affect any rights, obligations or liabilities accrued prior to such termination. You shall continue to be bound by these Terms in respect of your prior use of this Website, Application or Services and all matters connected with, relating to or arising from such use.

  1. OBLIGATIONS OF THE USER  

4.1 You shall use the devices purchased/RD services, solely for the purposes specified herein or otherwise agreed with the Company.

4.2 You acknowledge that Company is responsible only for providing RD service on an “as is” basis and shall not be responsible for any customization, including integration with KUA/AUA, your application etc. You shall be solely responsible for the application(s), KUA/AUA networking/connectivity etc.

4.3 You shall be solely responsible for the end-point computing environment including but not limited to smartphones, laptops, computers etc. with which the sensor is used and will be completely responsible for the security, protection, antivirus and malware protection thereof.

4.4 You shall ensure the traceability and control of the Registered Devices at all times.

4.5 You shall ensure that the Registered Device is used only by authorized persons and solely for the agreed purpose.

4.6 That you hereby declare that you are fully aware and understand the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (“Aadhaar Act, 2016”) and the regulations made thereunder and undertake that you shall at all times abide by the same. You further declare that you are fully aware that you shall be liable for penal provisions, as applicable for any contravention of the Aadhaar Act 2016. You shall ensure that all declared usage shall comply with the provisions of the Aadhaar Act and rules, regulations, notifications and circulars issued thereunder.

4.7 It shall be your sole responsibility to ensure that the Devices and RD Services are used only for the purpose specifically declared by you and only by your authorized personnel. You shall ensure that only authorized applications (free from malware, viruses or any application capable of causing a security breach) are used with the Devices. You shall further ensure that your applications adhere to all applicable standards and security requirements prescribed by UIDAI and applicable laws and regulations.

4.8 You shall be responsible for all consequences arising out of or from any unintended, malafide or unauthorized use of the Devices or use of the Devices for any purpose other than the purpose declared by you.

4.9 You undertake not to sell, transfer assign or otherwise lose control of the Device and shall not do anything that results in the Device no longer remaining under your control or traceability by the Company.

4.10 You ensure that regular RD Services / Management Client patches shall be duly installed on all devices. Liabilities arising out of failure to do so shall solely be owned and borne by you.

4.11 In respect of existing Public Devices, you shall accept necessary upgrade software patch provided by Company to enable you to migrate such devices to the acceptable level as communicated by UIDAI and / or the Company and shall carry out all required technological upgradation.

4.12 You shall be responsible for maintaining the requisite level of security and related measures to prevent security breaches, including but not limited to preventing replay attacks, keeping the environment clean of rogue applications/software, malware, virus, security vulnerabilities (including known vulnerabilities to system software and / or any other applications directly or indirectly influencing the environment within which the device is being used) etc. which may either adversely affect the functioning of software / devices provided by Company or which may try to hack / disrupt the functioning of such software / devices to cause a security breach. You shall be responsible for keeping the device keys securely and safely and shall not compromise it in any manner.

4.13 You will be solely responsible for all damages and liabilities, if any, resulting from such breaches including any damages, penalties or liabilities assessed by UIDAI or any other stakeholder under the Aadhaar Act and the rules and regulations made thereunder.

 

  1. EXCLUSION OF LIABILITY

The Company’s responsibilities under these Terms are limited only to the Services provided/supplied directly to You. The Company shall not be liable for any subsequent transactions involving such Services or Deliverables, or for any direct or indirect loss, damage, liability or issue arising therefrom.

 

  1. INDEMNITY

You undertake to indemnify, defend and hold harmless the Company and its directors, officers, employees, representatives, agents etc. (“Indemnified Party”) to the fullest extent from and against any and all claims, actions, losses, damages, penalties, liabilities, costs, charges, expenses, suits, or proceedings of whatever nature made, suffered or incurred, including, any legal or other fees and expenses incurred by the Company, arising out of or in connection with the faults, negligence or breach by you of any of these Terms or applicable laws.

 

  1. INTELLECTUAL PROPERTY RIGHTS

The Company is the sole owner or lawful licensee of all the rights to the Website/Application and its content. Website/Application content includes its design, layout, text, images, graphics, sound, video, etc. The Website/Application content embodies trade secrets and intellectual property rights protected under applicable copyright and other laws. All title, ownership and intellectual property rights in the Website/Application and its content shall remain with the Company.

The Company’s logos and other registered and unregistered trademarks are trademarks belonging to Company. The Company gives no permission for the use of any such trademarks and any such use may constitute an infringement of the Company’s rights.

The registered and unregistered trademarks or service marks of third parties appearing on the Website/Application are the property of their respective owners and, unless stated otherwise in these Terms, the Company does not endorse and affiliate itself with any of the holders of any such rights and accordingly, cannot grant any licence to exercise such rights.

 

  1. USER ACCOUNT

The Company reserves the right to collect your data including your name, contact information and other details, for the purpose of providing the Services and facilitating your use of the Website. All information collected from you shall be on a bona fide basis. Any misuse and misrepresentation of identity or contact details will lead to suspension or automatic termination of the Services or access to the Website/ Services, without prior notice to you.

 

  1. AMENDMENT 

These Terms may be amended by the Company from time to time, at its sole discretion, including in order to comply with any directions, circulars, notifications or other requirements issued by UIDAI or any other competent authority.

 

  1. AUDIT  

The Company or any third party agency appointed by Company and/or UIDAI shall have the right, at any time during the term of these Terms, during the Purchaser’s working hours, to perform audit at Purchaser’s premises, documents, system etc. where RD Services are used, in order to verify the Purchaser’s compliance with these Terms.

 

  1. PAYMENT  

The default validity of the RD Service is one (1) year from the date of purchase, unless you opt for a validity period of more than one year.

If the subscription is not renewed on or before the expiry of the RD Service validity period, the RD Service shall be discontinued for any further use.

 

  1. CANCELLATION/REFUND  

12.1. RD Service activation details will be delivered through SMS/email with no cancellation or refund provisions. The Company does not refund any fees or charges paid towards RD Services.   

12.2. For hardware sales, refunds shall be entertained only under exceptional circumstances at the sole discretion of the Company. Order cancellations, if any, will be permissible only prior to the completion of invoicing and initiation of shipment.

12.3. However, in the case of incorrect orders:

12.3.1 If the customer subsequently places an order for the correct product, the Company may process the refund after deducting the actual courier and logistics charges incurred in relation to the returned product.

12.3.2 If the customer does not subsequently place an order for the correct product, the Company may process the refund after deducting a handling and processing charge of INR 250/- (Rupees Two Hundred and Fifty Only).

12.3.3 Any refund shall be processed only after the returned product is received by the Company in its original condition and verified by the Company.

 

  1. SHIPPING & DELIVERY  

RD Service activation details will be delivered through SMS and/or email. Accordingly, you shall ensure that your mobile phone and email account remain accessible and have proper connectivity. Emails may be delivered to your spam or junk folder, and you are advised to check such folders periodically. The Company shall not be responsible for any delay in or non-receipt of activation details due to poor connectivity, incorrect contact details, network issues or any other circumstances beyond the Company's control.

 

  1. GOVERNING LAW AND JURISDICTION 

These Terms shall be governed by and construed in accordance with the laws of India. Subject to applicable law, the courts at New Delhi, India shall have exclusive jurisdiction in relation to any dispute arising out of or in connection with these Terms.

  1. RENEWAL OF RD SERVICE SUBSCRIPTION - CUSTOMER DETAILS 

The Customer details (including e-mail address and mobile number) provided at the time of renewal shall be updated on this Website, irrespective of the details provided at the time of purchase of the RD service. Accordingly, the Device shall be registered with the updated information and all future communication relating to the RD Service shall be sent to such updated contact details.