Terms Of Use

Last Updated on: January 03, 2019


Welcome to TekSparsha IT Solutions LLP

These terms and conditions outline the rules and regulations for the use of TekSparsha IT Solutions LLP's Website including but not limited to following Products and Services offered by TekSparsha IT Solutions LLP:

Our Products and Services (collectively referred to as "Products and Services" or "Products and/or Services"):

  • Information Technology (IT) Consulting Services
  • Custom Development Services
  • ezGift Web and Mobile Applications (also referred to as, "ezGift Apps")
  • Diner Sarathi Web and Mobile Applications (also referred to as,"Diner Sarathi Apps")

TekSparsha IT Solutions LLP is located at:

Satguru Apartments Thane West, Thane
Maharashtra - 400 601, India

By accessing any of our websites or products or services, we assume you accept these terms and conditions in full. Do not continue to use TekSparsha IT Solutions LLP's website or any of their products and services if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company and our Products and Services . “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.




Cookies

We employ the use of cookies. By using TekSparsha IT Solutions LLP's products and/or services, you consent to the use of cookies in accordance with TekSparsha IT Solutions LLP’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, TekSparsha IT Solutions LLP and/or it’s licensors own the intellectual property rights for all material on TekSparsha IT Solutions LLP. All intellectual property rights are reserved. You may view and/or print pages from https://teksparsha.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from our websites and mobile apps
  2. Sell, rent or sub-license material from our websites and mobile apps
  3. Reproduce, duplicate or copy material from our websites and mobile apps
  4. Redistribute content from TekSparsha IT Solutions LLP (unless content is specifically made for redistribution)

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information will be obtained and processed by our online payment partner Razorpay. Please refer to Razorpay's privacy policy here.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to our Products, Services & Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

User Generated Content and Comments

  1. Certain parts of our products and services offer the opportunity for users to post and exchange opinions, information, material and data ('user generated content and comments') in areas of our products and services. TekSparsha IT Solutions LLP does not screen, edit, publish or review user generated content and comments prior to their appearance on our products and services. User generated content and comments do not reflect the views or opinions ofTekSparsha IT Solutions LLP, its agents or affiliates. The user generated content and comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws TekSparsha IT Solutions LLP shall not be responsible or liable for the user generated content and comments or for any loss, cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the user generated content and comments on our products and services.
  2. TekSparsha IT Solutions LLP reserves the right to monitor all user generated content and comments and to remove them which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
  3. You warrant and represent that:
    • You are entitled to post the user generated content and comments on our website and have all necessary licenses and consents to do so;
    • The user generated content and comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
    • The user generated content and comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy;
    • The user generated content and comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
  4. You hereby grant to TekSparsha IT Solutions LLP a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your user generated content and comments in any and all forms, formats or media.

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:
    • Government agencies;
    • Search engines;
    • News organizations;
    • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
  1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    • Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    • Dot.com community sites;
    • Associations or other groups representing charities, including charity giving sites,
    • Online directory distributors;
    • Internet portals;
    • Accounting, law and consulting firms whose primary clients are businesses; and
    • Educational institutions and Trade associations.
  1. We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of our company; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
  1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of TekSparsha IT Solutions LLP’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on our products and services is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that our products and services remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the web application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.




Additional Terms for use of ezGift Apps

General

If you are currently using our ezGift Apps, the terms stated in this section and sub-sections under the heading "Additional Terms for use of ezGift Apps" apply in combination to the terms stated in all other sections and sub-sections.

Authorization to Hold, Receive, Disburse and Settle Funds

By accepting the terms of these Terms of Use, you authorize us and our choice of payment gateway service providers to hold, receive, disburse and settle funds on your behalf. Your authorization permits us to instruct our choice of banks and payment gateway service providers generate an electronic funds transfer between your payer and our account(s) held with our partner's bank(s) to process each payment transaction that you authorize. Thereafter, you authorize us to transfer the payments received from your payers to the bank account designated by you for this purpose at the time of registration. Your authorization will remain in full force and effect until your ezGift account is closed or terminated. It is clarified that amounts received and held with us or our choice of banks and payment gateway service providers, pursuant to any transactions on our Website or App do not accrue any interest during the pendency of the settlement to your account under the agreed timelines.

Fees

In consideration of the Services rendered by us, you shall pay us a commission (“Fee”). TekSparsha IT Solutions LLP reserves the right to revise the Fee periodically and we will intimate you of any such change within reasonable time. On receipt of the payments in our account, we will transmit the payments payable to you, after deducting our Fee, from our account to your designated bank account, within 3 (three) bank working days (or such other period as may be prescribed by the Reserve Bank of India from time to time) from completion of transaction. Subject to any other provisions of these Terms of Use and completion of transaction, you acknowledge that we will settle the payments only upon actual receipt of payments in our account and upon reconciliation of the payments by the payment gateway and the partner's bank(s).

ezGift users are broadly classified in 2 types:

  • An event organizer ("host"), is anyone who receives gift funds.
  • A payer ("guest"), is anyone who sends gift funds to the host.
The host will bear and be responsible and liable for the payment of all relevant taxes in relation to the payments made under these Terms of Use. The host will receive the amount (minus our Fee) in their specified bank account within 3 bank working days after the date of intimation of the completion of the transaction. Once the payment from guest is authenticated by our payment service providers, money is moved to our account and the first settlement is initiated only after all required documents and/or information required by us to complete the settlement is received by us. If there are reasonable grounds to suspect that a transaction has been conducted in breach of this Terms of Use or in violation of any applicable laws or as a fraudulent transaction against the our or our partner's bank(s), the partner bank(s) shall be entitled to suspend or withhold the payments to you that are due, pending enquiries by the partner bank(s) and till the resolution of such issues. If any of the issues stated in this section (Fees) are caused by or on your behalf, you shall indemnify and hold harmless TekSparsha IT Solutions LLP against any such claims made by our and our partner's bank(s), or your payers, as the case may be. We shall also have the rights to block any future payments in this regard.

Prohibited Services

You agree you will not make and/or accept payments in connection with the following businesses, business activities or business practices using ezGift Apps or any of TekSparsha IT Solutions LLP's Products and Services:

  • embassies, foreign consulates or other foreign governments;
  • door-to-door sales;
  • offering substantial rebates or special incentives to the cardholder subsequent to the original purchase;
  • negative response marketing;
  • engaging in deceptive marketing practices;
  • sharing cardholder's data with another merchant for payment of up-sell or cross-sell product or service;
  • evading card network's chargeback monitoring programs;
  • engaging in any form of licensed or unlicensed aggregation or factoring;
  • airlines;
  • age restricted products or services;
  • bail bonds;
  • bankruptcy lawyers;
  • bidding fee auctions;
  • collection agencies;
  • chain letters;
  • cheque cashing, wire transfers or money orders;
  • counterfeit goods (e.g. knock-offs, imitations, bootlegs);
  • currency exchanges or dealers;
  • firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counselling, repair or protection or real estate purchases with no money down;
  • credit card and identity theft protection;
  • cruise lines;
  • essay mills;
  • flea markets (firms/ individuals operating from a booth, on a part time basis with no lease or telephone availability;
  • drug paraphernalia;
  • extended warranties;
  • "get rich quick" schemes;
  • gambling (including but not limited to lotteries, internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services);
  • sports forecasting or odds making;
  • illegal products or services;
  • mail-order brides;
  • marijuana dispensaries and related businesses;
  • money transmitters or money service businesses;
  • multi-level marketing or pyramid schemes;
  • online, mail, or telephone order pharmacies or pharmacy referral services;
  • prepaid phone cards, phone services or cell phones;
  • pseudo pharmaceuticals;
  • quasi-cash or stored value;
  • securities brokers;
  • sexually-oriented or pornographic products or services;
  • shipping or forwarding brokers;
  • substances designed to mimic illegal drugs;
  • telemarketing;
  • timeshares;
  • online, mail, or telephone order tobacco or e-cigarette sales;
  • weapons and ammunitions;
  • virtual currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world;
  • products/services intended to inflict or promote revenge, harassment, and other forms of abuse, humiliation and intimidation.




Contact Information

Questions about the Terms of Use should be sent to us via email at [email protected] and specify 'Re: Terms of Use' in the subject line.