LinkezPay

Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING ESANA TECH PRIVATE LIMITED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT DISAGREE TO ANY OF THESE TERMS AND CONDITIONS, KINDLY DO NOT USE LINKEZPAY PLATFORM.
The domain name https://linkezpay.com/ or it’s sub domain, an internet based portal, is owned and operated by ESANA TECH PRIVATE LIMITED, a Ccompany duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as "LinkEzPay" or "We" or "Our" or "Us" or "Company"). The domain name is referred to as the "LinkEzPay App".
Your access or use of the LinkEzPay App, transactions on the LinkEzPay App and use of Services (as defined herein below) hosted or managed remotely through the LinkEzPay App, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use"), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as "You" or "Your" or the "User") on one part and LinkEzPay on the other part.
By accessing, browsing or in any way transacting on the LinkEzPay App, or availing any Services on the LinkEzPay App as provided by LinkEzPay and its affiliates, you signify your agreement/ consent to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by our policies, including the Privacy Policy, which also governs your visit to the LinkEzPay App, to understand our practices, and such other Rules, Guidelines, Policies, Tterms and Cconditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the LinkEzPay App, or availing any of the Services, and such Rules, Guidelines, Policies, Terms and Conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.
The LinkEzPay App is an electronic platform that facilitates technology-enabled payment processing and marketing solution services (herein after referred to as the "Services"). LinkEzPay and its affiliates attempt to be precisely accurate as possible. ESANA TECH PRIVATE LIMITED does not provide links to other sites over which ESANA TECH PRIVATE LIMITED has no control. ESANA TECH PRIVATE LIMITED is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

By using ESANA TECH PRIVATE LIMITED's Services you agree to the following disclaimers:

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, LINKEZPAY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("ESANA TECH PRIVATE LIMITED") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE ESANA TECH PRIVATE LIMITED MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILLS, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE ESANA TECH PRIVATE LIMITED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LINKEZPAY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY ESANA TECH PRIVATE LIMITED, 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.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL LINKEZPAY BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LINKEZPAY APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ESANA TECH PRIVATE LIMITED ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF USE OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ESANA TECH PRIVATE LIMITED 'S REASONABLE CONTROL. IN NO EVENT SHALL THE ESANA TECH PRIVATE LIMITED BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT 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.
The Services would be made available to such natural persons who have agreed to use the LinkEzPay App. To the full extent permissible by applicable laws, LinkEzPay disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. LinkEzPay does not warrant that this site, its servers, or email sent from LinkEzPay are free of viruses or other harmful components. LinkEzPay will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
By registering with us, you agree that the laws of India, without regard to principles of conflict of laws, will govern the conditions of use and any dispute of any sort that might arise between You and LinkEzPay or its affiliates.
As a condition to Your use of the LinkEzPay App, You must be 18 (eighteen) years of age or older to use or visit the LinkEzPay App in any manner. By visiting the LinkEzPay App or accepting these Terms of Use, You represent and warrant to ESANA TECH PRIVATE LIMITED that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the LinkEzPay App and agree to and abide by these Terms of Use.
The contents on the LinkEzPay App including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, solely contains content provided by ESANA TECH PRIVATE LIMITED including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (collectively, "Content"). The Content is the property of ESANA TECH PRIVATE LIMITED and is protected under copyright, trademark and other applicable law(s). You shall not modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
These Terms of Use constitute an electronic record in terms of the Information Technology Act, 2000 and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Eligibility

For the purposes of availing the Services through the LinkEzPay App, ESANA TECH PRIVATE LIMITED may collect the following personal information from You:

Name
User ID
Email address
Address (including country and ZIP/ postal code)
Gender
Age
Phone number
Password chosen by the User
Valid financial account information
Other details as You may volunteer.

The use/ access of the LinkEzPay App is only available to natural persons, other than those who are 'incompetent to contract' under the cContract Act, 1872 of the relevant jurisdictions. That is, persons including minors, un-discharged insolvents, persons of unsound mind, etc. are not eligible to use/ access the LinkEzPay App. By accessing or using the LinkEzPay App, You accept the terms as mentioned under the Terms of Use and represent and warrant to ESANA TECH PRIVATE LIMITED that you are 'competent to contract' under the cContract Act and that you have the right, authority and capacity to use the LinkEzPay App and agree to and abide by these Terms of Use.

The LinkEzPay App uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by ESANA TECH PRIVATE LIMITED for the technical administration of the LinkEzPay App, research and development and for User administration. In the course of optimizing services to You, ESANA TECH PRIVATE LIMITED may allow authorized third parties to place or recognize a unique cookie on the Your browser. ESANA TECH PRIVATE LIMITED does not store personally identifiable information in the cookies.

ESANA TECH PRIVATE LIMITED, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access to the LinkEzPay App, at any time while ESANA TECH PRIVATE LIMITED investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.

Payment Services

Through the LinkEzPay App, ESANA TECH PRIVATE LIMITED facilitates the technology-enabled payment processing and marketing solution services. We facilitate the collection of payments from customers, collect incentives due to you from government, banks and other third parties and settlement of such payments to the respective accounts. For all payments transactions, we are only acting as an intermediary.

In an effort to manage risk, we may monitor your transactions and processing activity for high-risk practices or fraudulent transactions. If we believe that there is any suspicious or unusual activity, we may temporarily or permanently suspend your account after intimating the same to you.

Once you receive an SMS that a customer payment has been received, we guarantee to pay into your specified account the amount due within T+2 bank working days ( or such other period as may be specified by the RBI from time to time ) from completion of transaction. However, in case you do not receive any SMS or notification from LinkEzPay regarding completion of your transaction, please do not assume that payment has been made by the customer unless the same is notified by LinkEzPay through SMS or notification

In case of Chargeback event, LinkEzPay shall be entitled to withhold the settlement and demand further documentation from you in case of pending enquires raised by the partner bank or any Rregulatory/ Statutory body, as the case may be, till the time issue is resolved. LinkEzPay shall also have the unconditional right to block/withhold any future payments to you in this regard until all the issues relating to chargeback events are resolved. LinkEzPay has right to recover such chargeback amount from you and refund such to customers.

You agree that, if any dispute(s) or any differences arises between you and customer in connection to transactions made using our services under this agreement, you shall are required to resolve such complaints within 48 hours of receip of such complaint. In case of return transactions when both the counterparties reach to a settlement, you will be liable to pay the amount to LinkEzPay immediately and LinkEzPay will refund the said amount to the customer. If written request is initiated after T+1, it will be treated as separate transaction.

Representation as to legal title

ESANA TECH PRIVATE LIMITED does not make any representation or warranty as to the use of the Services offered on the LinkEzPay App. At no time shall any right, title, claim or interest in the Services provided through or displayed on the LinkEzPay App vest with ESANA TECH PRIVATE LIMITED nor shall ESANA TECH PRIVATE LIMITED have any obligations or liabilities in respect of any transactions on the LinkEzPay App.

You agree and acknowledge that ESANA TECH PRIVATE LIMITED shall not be responsible for any claims/ liabilities/ damages that may arise while transacting and/or procuring Services that have been offered on the LinkEzPay App.

Your License

If you submit material, and unless we indicate otherwise, you grant ESANA TECH PRIVATE LIMITED and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ESANA TECH PRIVATE LIMITED and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ESANA TECH PRIVATE LIMITED or its affiliates for all claims arising from content you supply. ESANA TECH PRIVATE LIMITED has the right but not the obligation to monitor and edit or remove any activity or content. ESANA TECH PRIVATE LIMITED takes no responsibility and assumes no liability for any content submitted by you or any third party.

Use of the LinkEzPay App

As part of the Services, ESANA TECH PRIVATE LIMITED provides Content on the LinkEzPay App targeted at general public for informational purposes only and does not constitute any professional advices or recommendations of any kind. ESANA TECH PRIVATE LIMITED and/or its affiliates, accept no responsibility for any legal or financial events or outcomes related to the Services availed through the use of the LinkEzPay App. ESANA TECH PRIVATE LIMITED makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused due to technical glitches or by ESANA TECH PRIVATE LIMITED employees/representatives. ESANA TECH PRIVATE LIMITED is not responsible for transmission errors, corruption of data.

The LinkEzPay App may not be used for illegal purposes. The information provided on the LinkEzPay App and Services may not be used for any illegal purpose. You may not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's or organisation's use and enjoyment. You may not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the LinkEzPay App, the information, or Services. You may not use any automated means (such as a scraper) to access the LinkEzPay App, the information, or Services for any purpose. Any attempt by any individual or entity to solicit information of any other user is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

ESANA TECH PRIVATE LIMITED may, at its sole discretion, suspend User's ability to use or access the LinkEzPay App at any time while ESANA TECH PRIVATE LIMITED investigates complaints or alleged violations of these Terms of Use, or for any other reason.

Copyright

All content included on this LinkEzPay App, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and products, is the property of ESANA TECH PRIVATE LIMITED or its suppliers and is protected by Indian Ccopyright laws. All the products and the compilation of all products on this site is the exclusive property of ESANA TECH PRIVATE LIMITED and protected by Indian Copyright laws.

Trademarks

LinkEzPay, the LinkEzPay logo, and other marks indicated on our LinkEzPay App are trademarks of ESANA TECH PRIVATE LIMITED or its affiliates. Other LinkEzPay graphics, logos, page headers, icons, scripts, and service names are trademarks or trade dress of ESANA TECH PRIVATE LIMITED or its affiliates. ESANA TECH PRIVATE LIMITED' and its affiliates' trademarks and trade dress may not be used in connection with any product or service that is not ESANA TECH PRIVATE LIMITED' or its affiliates' as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits ESANA TECH PRIVATE LIMITED or its affiliates. All other trademarks not owned by ESANA TECH PRIVATE LIMITED or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ESANA TECH PRIVATE LIMITED or its affiliates.

Your license

Copyright Complaints

ESANA TECH PRIVATE LIMITED and its affiliates, respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our 'Notice and procedure for making claims of copyright infringement' (mentioned below).

Notice and procedure for making claims of copyright infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ESANA TECH PRIVATE LIMITED' copyright agent, the written information specified on the LinkEzPay App. Please note that this procedure is exclusively for notifying ESANA TECH PRIVATE LIMITED and its affiliates, that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A specific description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Fees

In Consideration of services of the services rendered by us, you shall pay to ESANA TECH PRIVATE LIMITED a fee. We reserve all right to revise the fees periodically and we will intimate you about such change within reasonable time. Fees once charged by ESANA TECH PRIVATE LIMITED will not be refunded to you for any matter whatsoever. In event where fees is not paid by you, we have all rights to deduct such overdue fees from the settlement amount.

Other Terms

The use of the LinkEzPay App involves every Users' registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by LinkEzPay from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.

The Users are responsible for maintaining the confidentiality of the Users' account access information and password. The Users shall be responsible for all uses of the Users' account and password, whether or not authorized by the Users. The Users shall immediately notify LinkEzPay of any actual or suspected unauthorized use of the Users' account or password.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or LinkEzPay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LinkEzPay shall have the right to suspend or terminate such account at its sole discretion.

LinkEzPay may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. LinkEzPay shall ensure the same level of data protection that is adhered to by LinkEzPay as provided for under applicable laws, only if such transfer is necessary for the performance of the lawful contract between LinkEzPay or any person on its behalf and the user or where the User has consented to data transfer.

By accepting these Terms of Use and by registering on the LinkEzPay App, You consent to be contacted by us, You further consent to receive emails and messages (SMS) notifications and information at any time from us.

Each User is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. LinkEzPay is in no way responsible for any of the taxes except apart fromor its own tax liabilities.

The subscription fees for the Services, if any charged by LinkEzPay, could be paid online through the facility made on the LinkEzPay App. LinkEzPay is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of LinkEzPay.

Each User undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -

belongs to another person and to which the such User does not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatever;
infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
violates any law for the time being in force;
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;
is prohibited under applicable law(s) for the time being in force including the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
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 any other nation.

You are also prohibited from:

violating or attempting to violate the integrity or security of the LinkEzPay App or any Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the LinkEzPay App that is disruptive or competitive to the provision of Services by ESANA TECH PRIVATE LIMITED;
intentionally submitting on the LinkEzPay App any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the LinkEzPay App;
attempting to decipher, decompile, disassemble or reverse engineer any part of the LinkEzPay App;
copying or duplicating in any manner any of the Content or other information available from the LinkEzPay App; and
framing or hotlinking or deeplinking any Content.

ESANA TECH PRIVATE LIMITED, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person/User in writing or through email signed with electronic signature about any such information, shall be entitled to disable such information that is in contravention of this Clause or any provisions of these Terms of Use. ESANA TECH PRIVATE LIMITED shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a User, ESANA TECH PRIVATE LIMITED has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.

Liability

LinkEzPay shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by such Users as a result of any disclosures made by LinkEzPay, where Users have consented to the making of such disclosures by LinkEzPay. If the Users had revoked such consent under the terms of the Privacy Policy, then LinkEzPay shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by LinkEzPay prior to its actual receipt of such revocation.
The Users shall not hold LinkEzPay responsible or liable in any way for any disclosures by LinkEzPay under applicable law. LinkEzPay shall be responsible for the security and confidentiality of cardholder data.
The Services provided by ESANA TECH PRIVATE LIMITED or any of its licensors or providers are provided 'as is', as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). ESANA TECH PRIVATE LIMITED does not provide or make any representations, warranties or guarantees, express or implied about the LinkEzPay App or the Services. ESANA TECH PRIVATE LIMITED, to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the User' use or reliance upon the LinkEzPay App, the Services, the Content or any loss arising out of the manner in which the Services have been rendered.
Users accept and acknowledge that ESANA TECH PRIVATE LIMITED does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the Services made available on its LinkEzPay App,
The Users further accept and acknowledge that ESANA TECH PRIVATE LIMITED does not verify any content or information provided by either the Users or obtained from the Users and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the User' use or reliance upon the LinkEzPay App, the Services, the Content.
ESANA TECH PRIVATE LIMITED assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Users' equipment on account of the Users' access to, use of, or browsing the LinkEzPay App or the downloading of any material, data, text, images, video content, or audio content from the LinkEzPay App. If any of the User is dissatisfied with the LinkEzPay App, the sole remedy of such Other Party(s) is to discontinue using the LinkEzPay App.
To the maximum extent permitted by applicable law(s), ESANA TECH PRIVATE LIMITED, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees ("Protected Entities"), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the LinkEzPay App or the content, materials and functions related thereto; (ii) User's provision of information via the LinkEzPay App; even if such Protected Entity has been advised of the possibility of such damages.
The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Users by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the LinkEzPay App.

Indemnity

You agree to indemnify, defend, and hold harmless the ESANA TECH PRIVATE LIMITED Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by ESANA TECH PRIVATE LIMITED arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or LinkEzPAy App; (iii) your access to and use of the Services and the LinkEzPay App; (iv) your violation of any rights of another party; or (v) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or Iintellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Modification of LinkEzPay App

ESANA TECH PRIVATE LIMITED reserves the right to modify or discontinue, temporarily or permanently, the LinkEzPay App or any features or portions thereof without prior notice. Users agree that ESANA TECH PRIVATE LIMITED will not be liable for any modification, suspension or discontinuance of the LinkEzPay App or any other part thereof.

ESANA TECH PRIVATE LIMITED reserves the right to change or modify these Terms of Use or any policy or guideline, policies or conditions of use of the LinkEzPay App including the Privacy Policy, at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the LinkEzPay App and You are not liable to receive specific notice of such changes or modifications. Your continued use of the LinkEzPay App will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the LinkEzPay App.

Intellectual Pproperty Rights

All the intellectual property used on the LinkEzPay App except those which have been identified as the Iintellectual properties of the other parties shall remain the exclusive property of the Company. The Users agree not to circumvent, disable or otherwise interfere with security related features of the LinkEzPay App or features that prevent or restrict use or copying of any materials or enforce limitations on use of the LinkEzPay App or the materials therein. The materials on the LinkEzPay App or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

Compliance of Applicable Law

While communicating/ transacting with each other through the LinkEzPay App, the Users shall at all times ensure full compliance with the applicable provisions of the Indian Contract Act, 1872, Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), Consumer Protection Act, 1986, etc. as prevalent in India , The Malaysian Personal Data Protection Act 2010 and the applicable laws of the United Arab Emirates (UAE) as well as all other laws as applicable in the relevant jurisdictions for the time being in force, and ensure due payment of applicable taxes ("Applicable Laws").

The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to ESANA TECH PRIVATE LIMITED, as a result of use of the LinkEzPay App or the Services provided on the LinkEzPay App by the users.

Termination

(Parties for the Purpose of these Terms of Use shall collectively mean the Users and ESANA TECH PRIVATE LIMITED)

The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:

In case of Users wanting to terminate these Terms of Use, Other Parties may do so by:
1. not accessing the LinkEzPay App; or
2. closing their accounts for all of the Services that they use
ESANA TECH PRIVATE LIMITED reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users, if there is:
1. breach any of applicable law(s), including but not limited to the Applicable Laws or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Users from time to time (or have acted in a manner that clearly shows that the User(s) do not intend to, or are unable to, comply with the same); or
2. ESANA TECH PRIVATE LIMITED is unable to verify or authenticate any information provided to ESANA TECH PRIVATE LIMITED by User(s); or
3. ESANA TECH PRIVATE LIMITED believes, in its sole discretion, that User(s) actions may cause legal liability for ESANA TECH PRIVATE LIMITED (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the LinkEzPay App; or
4. ESANA TECH PRIVATE LIMITED is required to do so by law; or
5. if User(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for ESANA TECH PRIVATE LIMITED to provide the Services to the User(s); or
6. ESANA TECH PRIVATE LIMITED has elected to discontinue, with or without reason, access to the Link App or the Services (or any part thereof);
7. ESANA TECH PRIVATE LIMITED may also terminate or suspend (temporarily or permanently) all or a portion of User(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of User(s) account may include:
  - removal of access to all offerings within the LinkEzPay App or with respect to the Services; and
  - barring User(s) from further use or access of the LinkEzPay App or of any of the Services.
8. Once terminated or suspended (temporarily or permanently), User(s) may not continue to use the LinkEzPay App under the same account, a different account or re-register under a new account.
9. Upon termination of these Terms of Use, ESANA TECH PRIVATE LIMITED shall have no obligation to maintain or provide any of User(s) data and may thereafter, unless legally prohibited, delete all of User(s) data in its systems or otherwise in its possession or under its control, including but not limited to User(s) personal information, log-in ID and password, order details and all related information, files and materials associated with or inside Other Party(s) account (or any part thereof).
10. ESANA TECH PRIVATE LIMITED reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Users(s) content from the LinkEzPay App with or without ability to access the LinkEzPay App and the Services, upon any breach by the User(s) of these Terms of Use or if ESANA TECH PRIVATE LIMITED is unable to verify or authenticate any information the User(s) submits to ESANA TECH PRIVATE LIMITED, or if the User(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for ESANA TECH PRIVATE LIMITED to provide the Services to the Other Party(s).
11. The right to terminate/ suspend the account is in addition to, and without prejudice to, ESANA TECH PRIVATE LIMITED's right to initiate action against the User(s), in accordance with applicable laws.
The Company is entitled to terminate this agreement for cause and remove the Merchant from the said application and restrain him from doing business on the said application in any manner whatsoever; in the following circumstances; a) in case of any persistent complaints from the Customers that the Merchant is not able or willing to resolve, (b) In case of unethical business standards and practice adopted by Merchant (c) where the Company comes to know of unfair/retrictive practice adopted by the Merchant including any illegal activities adopted by the Merchant.

Force Majeure

Users accept and acknowledge that ESANA TECH PRIVATE LIMITED shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of ESANA TECH PRIVATE LIMITED), or any other delay or default or deficiency or failure which arises from causes beyond ESANA TECH PRIVATE LIMITED's reasonable control ("Force Majeure Event"). In the event of any Force Majeure Event arising, ESANA TECH PRIVATE LIMITED, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User(s) of the facts which constitute the Force Majeure Event.

Governing Law and Dispute Resolution

All disputes will be subject to Aarbitration at the respective jurisdictions in English by a sole arbitrator appointed by ESANA TECH PRIVATE LIMITED under the laws prevalent in the respective jurisdictions as mentioned herein below. You agree to submit to the personal jurisdiction of the courts located within the said jurisdiction, for the purpose of litigating all claims that arise between You and ESANA TECH PRIVATE LIMITED.

Unless otherwise required by a mandatory law of any jurisdiction, these Terms of Use (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles. Further, you and ESANA TECH PRIVATE LIMITED agree to the jurisdiction of the Ccourts listed below to resolve any dispute, claim, or controversy that arises in connection with these Terms of Use and Privacy Policy as provide on the LinkEzPay App of the Company and any non-contractual disputes/claims arising out of or in connection with them.

Country	Governing Law	Jurisdiction
India	Arbitration and Conciliation Act, 1996	Mumbai

Survival

Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

Severability

If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

Waiver

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by ESANA TECH PRIVATE LIMITED. Any consent by ESANA TECH PRIVATE LIMITED to, or a waiver by ESANA TECH PRIVATE LIMITED of any breach by Users, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

YOU MUST COMMENCE/ INITIATE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE/ INITIATE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.

Contact Information

If any User(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at info@linkezpay.com. If any User(s) has any questions concerning ESANA TECH PRIVATE LIMITED, the LinkEzPay App, these Terms of Use, or anything related to any of the foregoing, ESANA TECH PRIVATE LIMITED can be reached at the following email address – info@linkezpay.com or via the contact information available from the following page : Contact us

Jurisdiction

Subject to the Jurisdiction of Courts at Mumbai Only and Subject to Indian Laws & other local laws applicable to the State.

For more information please call us on +91 93277 57575 between 10 am to 7 pm, Monday to Saturday or write to us on info@linkezpay.com

Complaints and Grievance Redressal

Any complaints or concerns in relation to your Personal Information or content of this Website or any dispute or breach of confidentiality or any proprietary rights of User during use of the Website or any intellectual property of any User should be immediately informed to the Grievance cum Nodal Officer at the co-ordinates mentioned below in writing or by way of raising a grievance ticket through the hyperlink mentioned below:

Grievance cum Nodal Officer

Kishan Dave

ESANA TECH PRIVATE LIMITED

ADDRESS:

CM-51/C-3 BH NICE SCHOOL,

DWARKAPURI,KALIYABID,Bhavnagar,

Bhavnagar,Gujarat,India-364002

Ph: +91 93277 57575

E-mail: info@linkezpay.com