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Terms & Conditions

Welcome to Cinch India Innovations online platform! Here at Cinch India Innovations, we strive to provide you with an excellent experience. Please read these Terms & Conditions carefully before using our website. By accessing or using our website, you agree to be bound by these Terms & Conditions. If you do not agree with all the terms and conditions, then you may not access the website or use any of our services.

Cinch India Innovations LLP and Bharat Pass Website and Single Sign-ON Identification (SSO-ID) Terms & Conditions

 

Use of the Bharat Pass Platform/Bharat Pass Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading, or using the Bharat Pass website located at cinchindia.in, bharatpass.in and all associated sites linked to cinchindia.in or the Bharat Pass mobile application or any similar platform (hereinafter collectively, the Bharat Pass Platform run by Cinch India Innovations LLP, having its registered office at Plot# 150/536 Road#02 Agastya Maarg, Uberiya Village, Vishnu Vihar Hatia, Ranchi - 834003 Jharkhand (Hereinafter collectively, Cinch India Innovations or Bharat Pass) on any device of and/or before availing any services offered by Bharat Pass on the Bharat Pass Platform which may include services such as recharge or bill payment, digital products, semi-closed, wallet service and marketplace service, or any other service that may be offered by Bharat Pass on the Bharat Pass Platform (hereinafter individually, and collectively, the Bharat Pass Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Bharat Pass Services, whether offered by Cinch India Innovations or its affiliates.

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Acceptance

By registering on, accessing, browsing, downloading or using the Bharat Pass Platform for any general purpose or for the specific purpose of availing any Bharat Pass Service, you agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Bharat Pass Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any Bharat Pass Service or any future service that may be offered by Bharat Pass on the Bharat Pass Platform. By registering on, accessing, browsing, downloading, or using (as applicable) the Bharat Pass Platform or availing any Bharat Pass or the SSOID, you automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse, or use the Bharat Pass Platform and immediately terminate Your availing the Bharat Pass Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Bharat Pass Platform or a customer or beneficiary of the Bharat Pass Services, and Bharat Pass. All services are rendered by Bharat Pass through the Bharat Pass Platform under the brand name “Bharat Pass” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Bharat Pass, regarding Your use of Bharat Pass’s digital services (which includes but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets), the semi-closed wallet service, the marketplace service or any such other services which may be added on the Bharat Pass Platform and which will henceforth be a Bharat Pass Service, from time to time. The Bharat Pass Services shall be used by You subject to Your adherence with the T&Cs. If You accept and comply with these T&Cs, Bharat Pass grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Bharat Pass Platform and/or of avail the Bharat Pass Services.

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Eligibility

The Bharat Pass Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Bharat Pass from availing of the Bharat Pass Services or accessing the Bharat Pass Platform. By accepting the T&Cs or by otherwise using the Bharat Pass Services on the Bharat Pass Platform, you represent that You are at least 18 years of age and have not been previously suspended or removed by Bharat Pass, or disqualified for any other reason, from availing the Bharat Pass Services or using the Bharat Pass Platform. In addition, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Bharat Pass reserves the right to suspend or permanently prevent You from availing Bharat Pass Services or using the Bharat Pass Platform.

 

Other Terms and Conditions

Additional terms and conditions may apply for You to avail of specific Bharat Pass Services and to specific portions or features of the Bharat Pass Platform, including contests, promotions, or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Bharat Pass Platform or for any Bharat Pass Service offered on or through the Bharat Pass Platform, the latter terms shall control with respect to Your use of that portion of the Bharat Pass Platform or the specific Bharat Pass Service. Bharat Pass may make changes to any Bharat Pass Services offered on the Bharat Pass Platform, or to the applicable terms for any such Bharat Pass Services, at any time, without notice. The materials on the Bharat Pass Platform with respect to the Bharat Pass Services may be out of date, and Bharat Pass makes no commitment to update the materials on the Bharat Pass Platform with respect to such Bharat Pass Services. The following terms also govern and apply to Your use of the Bharat Pass Platform, and they are incorporated herein by this reference: https://cinchindia.in/privacy-policy

 

SSOID Service, Participating Platforms

Bharat Pass’s SSOID service offers You the convenience, after a one-time registration of any Bharat Pass Platform, to sign on (log in) to all web pages and online platforms operated by Bharat Pass or its affiliates (hereinafter the Participating Platforms) with single log-in access/data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary over the course of time. Regarding the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Bharat Pass’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Bharat Pass is solely responsible only for those content that it operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by Cinch India Innovations LLP for use on all Participating Platforms. For the use of Bharat Pass’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform Bharat Pass immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure, and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides an invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then affected by the fact that Bharat Pass sends the user a confirmation e-mail, in which a confirmation link is included next to the user’s name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts Bharat Pass’s offer, so that in this way the SSOID Agreement enters into force. The Conclusion of the SSOID Agreement may, also be affected through other communication modes and following such processes which help achieve the same purpose as the e-mail confirmation process. Bharat Pass is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Bharat Pass) are in all respects complete, true, accurate, and not misleading. Any changes to the user’s data should be promptly updated correctly in its account. If the mobile phone number or e-mail address provided by You to Bharat Pass Platform for the SSOID service is transferred/surrendered/deactivated due to any reason, it shall be your responsibility to contact Bharat Pass and have the number/email address duly updated in Bharat Pass records before it is transferred/surrendered/deactivated. In case of any failure to have the updating request duly raised with Bharat Pass, Bharat Pass shall not be liable for any misuse of Your account.

 

Communication Policy

By accepting the T&Cs, You accept the following:

  • Bharat Pass may send alerts to the mobile phone number provided by You while registering with the Bharat Pass Platform for the SSOID service or on any updated mobile number subsequently provided by You on the Bharat Pass Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.

  • Bharat Pass will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from Bharat Pass as an alert on the mobile phone number or e-mail id provided during, or in relation to, using the Bharat Pass Platform or availing any Bharat Pass Services. Bharat Pass shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Bharat Pass liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.

  • You authorize Bharat Pass to contact You and communicate with You about any Bharat Pass Service or Offer(s). Bharat Pass may use third-party service providers to send alerts or communicate with You. You authorize Bharat Pass and Bharat Pass Entities to override the DND settings to reach out to You over calls, SMS, emails, and any other mode of communication.

  • The SMS/e-mail alert/push notification service provided by Bharat Pass is an additional facility provided for Your convenience and it may be susceptible to error, omission, and/or inaccuracy. If You observe any error in the information provided in the alert, Bharat Pass shall be immediately informed about the same by You and Bharat Pass will make the best possible efforts to rectify the error as early as possible. You shall not hold Bharat Pass liable for any loss, damages, claim, or expense including legal costs that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.

  • The clarity, readability, accuracy, and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Bharat Pass shall not be responsible for any non-delivery, delayed delivery, or distortion of the alert in any way whatsoever.

  • You will indemnify and hold harmless Bharat Pass and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges, and expenses whatsoever including legal charges and attorney’s fees which Bharat Pass or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:    (i) misuse by You or improper or fraudulent information provided by You;  (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of the ticket, change in bus schedule, delay, and/or rescheduling from Bharat Pass and/or the SMS/e-mail service provider.

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Use of Bharat Pass Platform

You understand that except for information, products or services clearly indicated as being supplied by Bharat Pass, we do not operate, control, or endorse any information, products, or services on the Internet in any way. You also understand that Bharat Pass cannot and does not guarantee or warrant that files available for download through the Bharat Pass Platform will be free of viruses, worms, or other code that may be damaging. You are responsible for implementing procedures to satisfy Your requirements for Internet security and for the accuracy of data input and output.

 

Prohibited Conduct

By accessing or using the Bharat Pass Platform or by availing of Bharat Pass Services, You agree not to:

  • violate the T&Cs;

  • impersonate any person or entity, falsely claim, or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Bharat Pass Services, perform any other similar fraudulent activity or otherwise avail Bharat Pass Services with what we reasonably believe to be potentially fraudulent funds;

  • infringe our or any third party’s intellectual property rights, rights of publicity, or privacy;

  • use the Bharat Pass Services if You are under the age of 18 years without a parental sponsor or, in any event, use the Bharat Pass Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;

  • Social post or transmit any message which is libelous, defamatory, illegal by the law of the land, or which discloses private or personal matters concerning any person;

  • post or transmit any message, data, image, or program which is pornographic, vulgar, or offensive in nature;

  • refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provided by You to Bharat Pass;

  • remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Bharat Pass Services and the Bharat Pass Platform or features that enforce limitations on the use of the Bharat Pass Services or the Bharat Pass Platform;

  • reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of as regards Bharat Pass Services or Bharat Pass Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;

  • use the Bharat Pass Services or the Bharat Pass Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Bharat Pass Services or the Bharat Pass Platform in an automated manner;

  • modify, adapt, translate, or create derivative works based upon the Bharat Pass Services and the Bharat Pass Platform or any part thereof, except and only to the extent that this is permissible by applicable law;

  • intentionally interfere with or damage the operation of the Bharat Pass Services or the Bharat Pass Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;

  • use any robot, spider, other automatic device, or manual process to monitor or copy the Bharat Pass Platform without prior written permission;

  • interfere or disrupt the Bharat Pass Platform or networks connected to the Bharat Pass Platform;

  • take any action that imposes an unreasonably or disproportionately large load on Bharat Pass’s infrastructure/network;

  • use any device, software, or routine to bypass the Bharat Pass Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Bharat Pass Services;

  • forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Bharat Pass Platform or to manipulate Your presence on the Bharat Pass Platform;

  • sell the Bharat Pass Services, information, or software associated with or derived from it;

  • use the facilities and capabilities of the Bharat Pass Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;

  • breach this Agreement, the SSOID Agreement, or any other agreement or policy as may be applicable pursuant to the T&Cs;

  • provide false, inaccurate, or misleading information;

  • use the Bharat Pass Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Bharat Pass Platform, except and only as expressly provided in the T&Cs;

  • avail Bharat Pass Services with what Bharat Pass reasonably believes to be potentially fraudulent funds;

  • use the Bharat Pass Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties, and other liability to Bharat Pass, a third party, or You;

  • use the Bharat Pass Services in a manner that Bharat Pass or any payment card network reasonably believes to be an abuse of the payment card system or a violation of payment card network rules;

  • take any action that may cause Bharat Pass to lose any of the Bharat Pass Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors, or other suppliers;

  • send automated requests of any kind to the Bharat Pass Platform without express permission in advance from Bharat Pass.

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Termination; Agreement Violations

You agree that Cinch India Innovations LLP, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Bharat Pass Services/Bharat Pass Platform and remove and discard on the Bharat Pass Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. Bharat Pass may also in its sole discretion and at any time discontinue providing access to the Bharat Pass Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Bharat Pass Services/Bharat Pass Platform or any account You may have or a portion thereof may be affected without prior notice, and You agree that Bharat Pass will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Bharat Pass may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Bharat Pass Services/Bharat Pass Platform.

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Limitation of Liability and Damages

In no event, Bharat Pass or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to:

(i) this Agreement;

(ii) the SSOID Agreement;

(iii) the Bharat Pass Services, the Bharat Pass Platform or any reference site/app/platform/service; or

(iv) Your use or inability to use the Bharat Pass Services, the Bharat Pass Platform (including any and all materials) or any reference sites/app/platform/service, even if Bharat Pass or a Bharat Pass authorized representative has been advised of the possibility of such damages.

 

In no event, Bharat Pass, directors, employees, and agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to:

(i) this Agreement;

(ii) the SSOID Agreement;

(iii) the Bharat Pass Services, the Bharat Pass Platform or any reference site/app/platform/service; or

(iv) Your use or inability to use the Bharat Pass services, the Bharat Pass Platform (including any and all materials) or any reference sites/app/platform/service; or

(v) any other interactions with Bharat Pass, however, caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Bharat Pass Service or the Bharat Pass Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that Bharat Pass has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Bharat Pass, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Bharat Pass. Bharat Pass would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Bharat Pass’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

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Indemnification

You agree to indemnify, save, and hold Bharat Pass, its affiliates, employees, officers, directors, and partners harmless from any and all claims, losses, damages, liabilities, costs and, expenses, including without limitation legal fees and expenses, arising out of or related to

(i) Your use or misuse of the Bharat Pass Services or of the Bharat Pass Platform;

(ii) any violation by You of this Agreement or the SSOID Agreement; or

(iii) any breach of the representations, warranties, and covenants made by You herein. Bharat Pass reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Bharat Pass, including rights to settle, and You agree to cooperate with Bharat Pass’s defense and settlement of these claims. Bharat Pass will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

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Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, Bharat Pass and its third-party partners disclaim all warranties or guarantees – whether statutory, express, or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Bharat Pass or through the Bharat Pass Services or the Bharat Pass Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Bharat Pass” includes Bharat Pass’s officers, directors, and employees. You acknowledge that Bharat Pass is a reseller of services/features available on the Bharat Pass platform, mobile recharges and is not liable for any third-party (telecom companies, mobile operators, or suppliers) obligations due to rates, quality, and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that the use of the Bharat Pass Services on the Bharat Pass Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the site or on the Internet generally. Bharat Pass does not warrant that the Bharat Pass Services will be uninterrupted or error-free or that defects in the site will be corrected. The Bharat Pass Services and the Bharat Pass Platform and any data, information, third-party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Bharat Pass and its partners do not warrant that the data, Bharat Pass software, functions, or any other information offered on or through the Bharat Pass Services/Bharat Pass Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Bharat Pass and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Bharat Pass Services/Bharat Pass Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the Bharat Pass Services/Bharat Pass Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Bharat Pass be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Bharat Pass Platform.

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Ownership; Proprietary Rights

The Bharat Pass Services and the Bharat Pass Platform are owned and operated by Bharat Pass. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Bharat Pass Services and the Bharat Pass Platform provided by Bharat Pass (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Bharat Pass, all Materials, trademarks, service marks, and trade names contained on the Bharat Pass Platform are the property of Bharat Pass. You agree not to remove, obscure, or alter Bharat Pass or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Bharat Pass Services/Bharat Pass Platform. Except as expressly authorized by Bharat Pass, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Bharat Pass reserves all rights not expressly granted in this Agreement. If You have comments regarding the Bharat Pass Services and/or the Bharat Pass Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Bharat Pass, and shall assign to Bharat Pass, all rights, titles and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

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Modification of this Agreement

Bharat Pass reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting a notification on the Bharat Pass Platform or otherwise communicating the notification to You. The changes will become effective and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Bharat Pass Platform, availing the Bharat Pass Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Bharat Pass Services/Bharat Pass Platform. For certain changes, Bharat Pass may be required under applicable law to give You advance notice, and Bharat Pass will comply with such requirements. Your continued use of the Bharat Pass Platform following the posting of changes will mean that You accept and agree to the changes.

 

Notice

Bharat Pass may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Bharat Pass Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Bharat Pass must be sent by courier or registered mail to Cinch India Innovations LLP, Plot# 150/536 Uberiya Village, Vishnu Vihar Hatia, Ranchi - 834003 Jharkhand, India

 

Waiver

The failure of Bharat Pass to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Bharat Pass.

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Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any Bharat Pass Service or the Bharat Pass Platform, including any question regarding the existence, validity, or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Bharat Pass may elect to resolve any Dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Ranchi and the language of this arbitration shall be English. Either You or Bharat Pass may seek any interim or preliminary relief from a court of competent jurisdiction in Ranchi necessary to protect the rights or the property belonging to You or Bharat Pass (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Bharat Pass may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Bharat Pass. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

 

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Bharat Pass must be resolved by a court having jurisdiction in Ranchi, India. You agree to submit to the personal jurisdiction of the courts located within Ranchi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

 

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

 

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationships prior to such termination or expiration.

 

Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

 

Entire Agreement

This Agreement is the entire agreement between You and Bharat Pass relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Bharat Pass in accordance with the terms of this Agreement.

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Bill Payments and Digital Products Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading, or using the Bharat Pass/Cinch India Innovations website located at cinchindia.in, and all associated sites linked to  cinchindia.in, or the Bharat Pass mobile application or any similar platform (hereinafter collectively, the Bharat Pass Platform) run by Cinch India Innovations LLP, having its registered office at Plot# 150/536 Uberiya Village, Vishnu Vihar Hatia, Ranchi - 834003 Jharkhand, India  (hereinafter collectively, Cinch India Innovations or Bharat Pass) on any device and/or before availing any travel, recharge or bill payment or digital products related services offered by Bharat Pass on the Bharat Pass Platform (hereinafter, individually Bharat Pass Digital Service and collectively, the Bharat Pass Digital Services).

 

Eligibility

The Bharat Pass Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Bharat Pass from availing the Bharat Pass Digital Services or accessing the Bharat Pass Platform. By accepting the T&Cs or by otherwise using the Bharat Pass Digital Services on the Bharat Pass Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Bharat Pass, or disqualified for any other reason, from availing the Bharat Pass Bill Payment and Digital Goods Services or using the Bharat Pass Platform. In addition, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age, or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Bharat Pass reserves the right to suspend or permanently prevent You from availing of Bharat Pass Digital Services or using the Bharat Pass Platform.

 

Digital Services

Bharat Pass offers the Bharat Pass Platform certain digital products such as the purchase of event tickets, movie tickets, bus tickets, hotel reservations, flight tickets, tickets to amusement or theme parks, coupon redemption services, etc. Further, Bharat Pass may facilitate its Platform, and services from its related entities such as the purchase of prepaid recharge for mobile, DTH, toll, and data card, etc.

 

The terms and conditions in relation to digital products and bill payments set out below are applicable to and binding on You in conjunction with these SSOID terms and conditions. Each SSOID term or condition is applicable to and binding on You for any of Your activities on the Bharat Pass Platform, even if such term or condition is not specifically reproduced herein below.

 

The terms ‘Agreement’ or ‘T&Cs’ mentioned herein below include the terms and conditions in relation to digital products set out below, bill payments, the SSOID terms and conditions as well as other service-specific terms and conditions in relation to Bharat Pass Services or Bharat Pass Platform.

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For various facilities and technology features made available on the Bharat Pass Platform, please note that NO convenience fee will be charged from you by Bharat Pass for adding money to the wallet or its related entities providing respective services but service charge or the cost of the product will be charged from your wallet through your permission. We request you to use UPI facility for this.

[ Please Note: The E-wallet feature will function only after you select a payment method ** Once you add the amount to your E-wallet account, you will not be able to withdraw it. However, you can transfer your e-wallet amount to your associated account by connecting your wallet to our premium features such as Food court, Hyperstore, Hyperlocal, Event, Real Estate, Stay Nearby, Database, etc., and making a test payment using the e-wallet payment option.] RAZORPAY is our Payment Aggregator (PAs) and Appypie is a Partner facilitator for wallet feature and Cinch India Innovations/Bharat Pass is a User. Payment Settlement Time is T+3 days where T is the date of Payment or as per PAs T&C as applicable.

 

Bill Payments

In order to use the bill payments service or any other Bharat Pass Service, You will need to obtain access to the World Wide Web or the Internet, either on a computer or on any other device that can access web-based content. You must have all equipment necessary to make such a connection to the World Wide Web or the Internet Bharat Pass and/or the Bharat Pass business partner (including Bharat Pass’s bill payment partners) reserve the right to charge and recover from You, such fees for availing the service. These charges shall be effective from the time when they are posted on the Bharat Pass Platform or on the Bharat Pass business partner’s channel/portal/website through which You are availing the specific service. You are bound by such revisions and should therefore visit the Bharat Pass Platform to review the applicable fees which may vary from time to time. In the event that You stop or seek a reversal of the payment instructions as may have been submitted, Bharat Pass shall be entitled to charge and recover from You and You shall be liable to pay such charges Bharat Pass offers a convenient and secure way to make payments towards identified biller(s) using a valid payment account. Depending upon the Bharat Pass business partner through whom the specific service is availed by You

(i) the specific features of the service may differ;

(ii) the number of billers available over the service may differ;

(iii) the type and range of payment accounts that cane used to issue payment instructions may differ;

(iv) the modes/devices over which the service can be accessed may differ; and

(v) the charges, fees for availing the service or any aspect of the service may differ.

Specific details related to these aspects would be available with the Bharat Pass business partner on their channel/portal/website over which the service is being availed. From time to time, Bharat Pass, at its sole discretion, can add to or delete from such a list of billers or types of payment accounts that can be used in respect of making payments to a biller. The type and range of payment accounts that can be used for making payments may differ for each biller depending on biller specifications. There may be additional fees/charges when using certain types of payment accounts in respect of a biller. The terms upon which a payment can be made to a biller can differ depending on whether a card or a bank account is used to issue the payment instruction. Further, depending on the specific facilities allowed by a Bharat Pass business partner, payments to a biller can be made: (a) by issuing a payment instruction for an online debit/charge to a payment account or (b) by scheduling an automated debit to a payment account. In using the bill payment service, You agree to:

  • provide true, accurate, current, and complete information about Yourself (“Registration Data”), Your payment account details (“Payment Data”), Your biller details (“Biller Data”); and

  • maintain and promptly update the Registration Data, Payment Data, and Biller Data to keep it true, accurate, current, and complete always. If You provide any information that is untrue, inaccurate, not current, or incomplete, or Bharat Pass has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Bharat Pass has the right to suspend or terminate Your account and refuse any and all current or future use of the Bharat Pass Services/ Bharat Pass Platform (or any portion thereof). The term biller includes telecom operators.

 

Bharat Pass assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction(s) on the payment date owing to any one or more of the following circumstances:

  • If the payment instruction(s) issued by You is/are incomplete, inaccurate, invalid, and delayed;

  • If the payment account has insufficient funds/limits to cover the amount as mentioned in the payment instruction(s);

  • If the funds available in the payment account are under any encumbrance or charge;

  • If Your bank or the clearing Center refuses or delays honoring the payment instruction(s);

  • If payment is not processed by the biller upon receipt;

  • Circumstances beyond the control of Bharat Pass (including, but not limited to fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or communication lines breakdown, unforeseeable causes, or interference from an outside force).

In case the bill payment is not affected for any reason, You will be intimated on the Platform about the failed payment or through the email.

 

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Theme/Event/Water/Amusement Parks Tickets

Bharat Pass is an intermediary within the meaning of the Information Technology Act, 2000 and the rules thereunder and merely facilitates the sale and purchase of tickets between the merchant and the customer. For the purposes of this section, merchant shall mean any theme park, water park, amusement park or any other similar establishment for which ticket(s) have been purchased through the Cinch India Innovations LLP /Bharat Pass Platform. Cinch India Innovations LLP /Bharat Pass does not at any point of time during any transaction between the customer and merchant take the ownership of any of the products/services provided by the merchant. Nor does Cinch India Innovations LLP /Bharat Pass at any point asserts any rights or claims over the products/services offered by the merchant to the customer. In using the online ticketing service on the Cinch India Innovations LLP /Bharat Pass Platform, You explicitly agree and acknowledge the following:

  • Bookings for the tickets once made by You cannot be cancelled, exchanged or refunded;

  • Your booking confirmation will be sent via an e mail and/or SMS. For e-tickets, You need to print and present the e-mail confirmation at the ticket counter in order to avail a physical ticket(s)and/or band(s), as the case may be, from the ticket counter;

  • Bharat Pass will not responsible for any loss, damage or injury sustained by the customer at the theme park/water park/amusement park premises or any other similar establishment for which ticket(s) were purchased through the Cinch India Innovations LLP /Bharat Pass Platform;

  • Cinch India Innovations LLP /Bharat Pass will not be responsible if certain activities, rides, slides and attractions purported to be offered by the merchant were not functional on any particular day;

  • By purchasing tickets through the Cinch India Innovations LLP /Bharat Pass Platform, You warrant and represent that You are in good health and acknowledge the risks that are incumbent while undertaking the activities offered by the merchants;

  • Cinch India Innovations LLP /Bharat Pass shall will not be responsible for Your health, safety and well-being during or after undertaking the activities offered by the merchant;

  • To collect the tickets from the ticket counter, it is mandatory for You to present to the merchant run ticket counter, the debit/credit card that has been used to book tickets along with the booking confirmation (SMS/e-mail printout). The holder of a physical ticket is deemed to be the owner of the ticket;

  • A convenience fee per booking in respect of the ticket may be levied on the tickets booked by You online. Kindly check once before You make the booking;

  • You need to make bookings for the tickets in respect of children (of certain age or height) as per the merchant terms and conditions;

  • As per the merchant terms and conditions, in case a physical ticket and/or band is lost or misplaced, a duplicate ticket and/or band cannot be issued;

  • If the merchant cancels the activities, Cinch India Innovations LLP /Bharat Pass will not be held responsible for the same. In such cases, Cinch India Innovations LLP /Bharat Pass will automatically issue a refund to Your Cinch India Innovations LLP /Bharat Pass wallet with applicable deductions the amount paid by You for the ticket(s) booked on Cinch India Innovations LLP /Bharat Pass within 96 hours from the event date;

  • If You do not receive a confirmation number (in the form of a confirmation SMS or e mail) after submitting payment information, or if You receive an error message or service interruption after submitting payment information, You should immediately report to the Cinch India Innovations LLP /Bharat Pass customer care. Cinch India Innovations LLP /Bharat Pass will not be responsible for any losses occurred in the process;

  • By making a booking of a merchant ticket, You agree and undertake to adhere to and comply with the terms and conditions of respective merchant establishments in respect of all the bookings made by You for the tickets through the Cinch India Innovations LLP /Bharat Pass Platform;

  • As per the merchant terms and conditions, outside food and beverages are not allowed inside the premises;

  • By accepting the T&Cs, including the specific terms and conditions in this section, You accept that Cinch India Innovations LLP /Bharat Pass may send the alerts to the mobile phone number/email provided by You while registering for the Cinch India Innovations LLP /Bharat Pass Platform or to any such number replaced and informed by You subsequently;

  • Notwithstanding anything to the contrary contained herein, neither Cinch India Innovations LLP /Bharat Pass nor its affiliates of Cinch India Innovations LLP /Bharat Pass, its officers, directors, employees shall have any liability to You or to any third party for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the Paytm Platform or the Cinch India Innovations LLP /Bharat Pass Services, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, Cinch India Innovations LLP /Bharat Pass’s maximum aggregate liability to You for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to Rs. 5,000. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Cinch India Innovations LLP /Bharat Pass or affiliates of Cinch India Innovations LLP /Bharat Pass, and each of their directors, officers, employees, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the online platform;

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Bharat Pass – Travel & Tourism

Food Court, Data Base, Bus Ticket, Hotel Booking, and Stay Nearby

  1. You hereby acknowledge and agree that Cinch India Innovations LLP /Bharat Pass merely provides online marketplace services through its Cinch India Innovations LLP /Bharat Pass Platform (including but not limited to its website www.cinchindia.in, www.bharatpass.in  or app) in order to facilitate listings/bookings by aggregators directly and/or through its Merchants (including but not limited to flight, hotel and Bus booking and price comparisons). The travel booking-related services are also called the Marketplace Terms are an integral part of the Agreement and the T&Cs. You can make these bookings subject to the respective aggregator’s terms and conditions.

  2. Most hotels have a policy that do not allow unmarried couples to check-in. For more information, Cinch India Innovations LLP /Bharat Pass requests You to contact the hotel in order to get further clarifications and confirmation or the same can be confirmed on their websites as well. You are requested to please go through the Merchant/vendor provided terms and conditions before making any bookings for hotels, flights, bus, etc., through the Cinch India Innovations LLP /Bharat Pass Platform.

  3. If a link to the Merchant/vendor specific terms and conditions is not provided here then You are expected to find them on their websites or procure them from the vendors/Merchants directly through any other means. Cinch India Innovations LLP /Bharat Pass is not responsible for Your inability to access such terms and conditions or for any loss resulting from such terms and conditions or lack thereof. You agree and acknowledge that the actual contract for sale is directly between You and the Merchant/vendor. Cinch India Innovations LLP /Bharat Pass provides these services to You which are informational in nature.

  4. Cinch India Innovations LLP /Bharat Pass is not a travel or booking agent or a last-mile service provider to You and, therefore, Cinch India Innovations LLP /Bharat Pass shall not be deemed to be liable for any fault in the content/booking/listing services provided by an aggregator or the Merchant/vendor. However, in the case of airlines, Cinch India Innovations LLP /Bharat Pass may act as an online travel agent.

  5. Cinch India Innovations LLP /Bharat Pass is not responsible for setting or controlling the prices applicable to such searches and bookings through the Cinch India Innovations LLP /Bharat Pass Platform. All such listings/bookings are provided by the aggregator directly and/or through its Merchants/vendors and are subject to the terms and conditions imposed by the concerned aggregator or the Merchant/vendor. Cinch India Innovations LLP /Bharat Pass does not control or prevent changes in the published details and descriptions of websites/apps operated by the aggregator or the Merchant/vendor and is not responsible for any content therein. Cinch India Innovations LLP /Bharat Pass has no control over the existence, quality, safety or legality of items displayed; the accuracy of the aggregator’s content or listings; the ability of the aggregator and Merchant/vendor to sell items or provide services. Cinch India Innovations LLP /Bharat Pass does not at any point of time during any transaction between You and aggregator/Merchant/vendor, take ownership of any of the listing, bookings offered by the aggregator/Merchant/vendor. Nor does Cinch India Innovations LLP /Bharat Pass at any point asserts any rights or claims over the same offered by the aggregator/Merchant/vendor to You. In using the online marketplace service or where Cinch India Innovations LLP /Bharat Pass is an online travel agent, You explicitly agree and acknowledge that:

    • Cinch India Innovations LLP /Bharat Pass, through the Cinch India Innovations LLP /Bharat Pass Platform makes available, content/listings/bookings offered by the aggregators either directly and/or through its Merchants/vendors. Availing such bookings/listings will be subject to the terms of offer for sale and such other additional terms, if any, as specified by such aggregator.

    • Cinch India Innovations LLP /Bharat Pass is not a warrantor of the content/listings/bookings being offered on Cinch India Innovations LLP /Bharat Pass by various aggregators or Merchant/vendors. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed as per the terms and conditions of the aggregator or the Merchant/vendors, and You agree to handle such issues and disputes directly between You and the aggregator or Merchant/vendor. You acknowledge that Cinch India Innovations LLP /Bharat Pass gives no guarantee, either express or implied, regarding the use or availability of online marketplace service or bookings made by You through the online marketplace or where Cinch India Innovations LLP /Bharat Pass is acting as an online travel agent.

    • Cinch India Innovations LLP /Bharat Pass, may at its discretion, offer marketing promotion benefits by way of gift coupons, cash back, free gifts, etc., on all or some of the products or services from time to time. Cinch India Innovations LLP /Bharat Pass is not liable for any defect or fault in listings/bookings, content the product or deficiency in service of the aggregator or Merchant/vendor purchased through the Cinch India Innovations LLP /Bharat Pass Platform. Cinch India Innovations LLP /Bharat Pass is not responsible for any warranty, guarantee, post sale claims, genuineness of listings/bookings, content, products and services as Cinch India Innovations LLP /Bharat Pass is just a platform that facilitates booking through the aggregator or Merchant/vendor. Cinch India Innovations LLP /Bharat Pass will not be liable for any claims including but not limited to any misrepresentation by the aggregator or the Merchant/vendor in its content/listings/bookings.

    • The Cinch India Innovations LLP /Bharat Pass Platform makes available general Third Party Content. Third Party Content would also be available to You on the e-mail received by You from Cinch India Innovations LLP /Bharat Pass. Cinch India Innovations LLP /Bharat Pass will not be responsible for infringement of any third party’s intellectual property rights and rights of privacy in such cases. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Cinch India Innovations LLP /Bharat Pass does not provide any guarantee with respect to any Third Party Content and Cinch India Innovations LLP /Bharat Pass shall not be held liable for any loss suffered by You based on its reliance on/or use of such Third Party Content. You should contact such third party site/app for their terms and conditions, privacy policy, complaints and clarification governing various features and offers or the products and services offered by them.

    • Cancellation/refund: The cancellation/refund in respect of the bookings and charges, if any, will also be governed as per the terms and conditions of the aggregator or of the Merchant/vendor. Cinch India Innovations LLP /Bharat Pass has no role in governing refund/cancellation charges. Where Cinch India Innovations LLP /Bharat Pass is an online marketplace services provider, Cinch India Innovations LLP /Bharat Pass will not be responsible for refund/cancellation including any charges arising therefrom. However for flights or IRCTC where Cinch India Innovations LLP /Bharat Pass is an online travel agent, Cinch India Innovations LLP /Bharat Pass will act as per the airline or IRCTC prescribed terms. The aggregator or the merchant/vendor is solely responsible for the content/listings/bookings made available by it through the Cinch India Innovations LLP /Bharat Pass Platform and You should contact the respective aggregator or Merchant/vendor directly in relation to the above mentioned queries. Where Paytm is acting as an online travel agent (for flights and IRCTC ) you may reach out to Cinch India Innovations LLP /Bharat Pass directly as well.

    • Use of Information: By accepting T&Cs in general including the SSOID terms and the Marketplace Terms, You accept that Cinch India Innovations LLP /Bharat Pass may send alerts to the mobile phone number/ e-mail address provided by You while registering for the Cinch India Innovations LLP /Bharat Pass Service/ Cinch India Innovations LLP /Bharat Pass Platform or to any such number/e-mail address replaced and informed by You subsequently.

    • Limitation of liability and waiver: In no event, Cinch India Innovations LLP /Bharat Pass will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement, including these T&Cs and Marketplace Terms; (ii) the SSOID Agreement; (iii) the Cinch India Innovations LLP /Bharat Pass Services, and Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Cinch India Innovations LLP /Bharat Pass Services, and the Platform (including any and all materials) or any reference sites/app/platform/service, even if Cinch India Innovations LLP /Bharat Pass or its authorized representative has been advised of the possibility of such damages. In no event, Cinch India Innovations LLP /Bharat Pass or any of its directors, employees will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement, including these T&Cs and the Marketplace Terms; (ii) the SSOID Agreement; (iii) the Cinch India Innovations LLP /Bharat Pass Services, and Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Cinch India Innovations LLP /Bharat Pass services, and the Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Cinch India Innovations LLP /Bharat Pass, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Cinch India Innovations LLP /Bharat Pass Service or the Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that Cinch India Innovations LLP /Bharat Pass has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Cinch India Innovations LLP /Bharat Pass, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Cinch India Innovations LLP /Bharat Pass. Cinch India Innovations LLP /Bharat Pass would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Cinch India Innovations LLP /Bharat Pass’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, including these T&Cs, SSOID terms and the Marketplace Terms.

    • Dispute Resolutions: If any dispute, controversy or claim arises under this Agreement or in relation to any Bharat Pass Service or the Bharat Pass Platform, including any question regarding the existence, validity or termination of this Agreement or these T&Cs or these Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Bharat Pass may elect to resolve any Dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Ranchi and the language of this arbitration shall be English. Either You or Bharat Pass may seek any interim or preliminary relief from a court of competent jurisdiction in Ranchi necessary to protect the rights or the property belonging to You or Bharat Pass (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Bharat Pass may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Bharat Pass. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Marketplace Terms.

    • Jurisdiction: Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Bharat Pass must be resolved by a court having jurisdiction in Ranchi, India. You agree to submit to the personal jurisdiction of the courts located within Ranchi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

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