TERMS & CONDITIONS

This Software Services Terms & Conditions (Agreement), as of the date that You accept this Agreement (defined below) (“Effective Date”), is hereby entered into and agreed upon by you, either an individual or an entity (known as “You” or “Company” or “Client”) and GS SOFT SOLUTIONS, HARDOI, UTTAR PRADESH, INDIA.

IMPORTANT – READ THESE TERMS AND CONDITIONS CAREFULLY

Welcome to GS SOFT SOLUTIONS. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy, along with the terms and conditions as stated in our terms of conditions.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

1. DEFINITIONS

• “Initial Term” shall mean a term of 12 months, unless a shorter period is defined for specific purpose.
• “Go-Live date” shall mean the date when the ordered subscription is configured for you and access credentials are handed over for using the platform and associated services.
• “Customer information” shall mean Customer sensitive information of end user of yours, like mobile number, bank account details, Aadhar number, utility subscriber id etc.
• “Platform or Software “shall mean the technology solution (upsrtcservices.com, gssoftsolutions.co.in) provided by GS SOFT SOLUTIONS, accessible for use over web portal or mobile app, and will include any add-ons.
• “3^rdParty Providers” shall mean independent third-party individuals or organizations who provide services on their own and have, allowed GS SOFT SOLUTIONS to integrate their services on the GS SOFT SOLUTIONS Platform for making them available to subscribers of GS SOFT SOLUTIONS Platform OR GS SOFT SOLUTIONS provides support services for services rendered by these 3^rd Party service providers.
• “Evaluation License” shall mean a temporary access to platform to potential users of the platform for enabling them to understand platform functions & demonstration of available services.

2. LICENSE TO USE PLATFORM

• License Restrictions: You may not (i) provide, make available to, or permit individuals other than Your Users to use or access the Services, the Software, or Documentation, in whole or in part; (ii) copy, reproduce, republish, upload, post, or transmit the Services, Software, or Documentation (except for backup or archival purposes, which will not be used for transfer, distribution, sale, or installation on Your Devices); (iii) license, sell, resell, rent, lease, transfer, distribute, or otherwise transfer rights to the Services, Software, or Documentation unless as authorized in this Agreement; (iv) modify, translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to derive the source code of the Services, Software, or Documentation; (v) create, market, distribute add-ons or enhancements or incorporate into another product the Services or Software without prior written consent of GS SOFT SOLUTIONS; (vi) remove any proprietary notices or labels on the Services, Software, or Documentation, unless authorized by GS SOFT SOLUTIONS; (vii) license the Services, Software, or Documentation (a) if You (or any of Your Users) are a direct competitor of GS SOFT SOLUTIONS; (b) for the purposes of monitoring the availability, performance, or functionality of the Services or Software or (c) for any other benchmarking or competitive purposes; (viii) use the Services or Software to store or transmit infringing, libellous, unlawful, or tortious material or to store or transmit material in violation of third party rights, including privacy rights; (ix) use the Services or Software to violate any rights of others; (x) use the Services or Software to store or transmit malicious code, Trojan horses, malware, spam, viruses, or other destructive technology (“Viruses”); (xi) interfere with, impair, or disrupt the integrity or performance of the Services or any other third party’s use of the Services; (xii) use the Services in a manner that results in excessive use, bandwidth, or storage; or (xii) alter, circumvent, or provide the means to alter or circumvent the Services or Software, including technical limitations, recurring fees, or usage limits.

• Your Obligations: You acknowledge, agree, and warrant that: (i) You will be responsible for Your and Your Users’ activity and compliance with this Agreement, and if You become aware of any violation, You will immediately terminate the offending party’s access to the Services, Software, and Documentation and notify GS SOFT SOLUTIONS; (ii) You and Your Users will comply with all applicable local, state, federal, and international laws; (iii) You will establish a constant internet connection and electrical supply for the use of the Services, and the Services and Software are used only with public domain or properly licensed third party materials; (iv) You are legally able to process Your Data and are able to legally able to provide Your Data to GS SOFT SOLUTIONS and its Affiliates, including obtaining appropriate consents or rights for such processing, as outlined further herein, and have the right to access and use Your infrastructure, including any system or network, to obtain or provide the Services and Software and will be solely responsible for the accuracy, security, quality, integrity, and legality of the same; and (vi) You will keep your registration information, billing information, passwords and technical data accurate, complete, secure and current for as long as You subscribe to the Services, Software and Documentation.

3. PROVISION OF SERVICES

• Services available on Platform:You understand that GS SOFT SOLUTIONS is providing a platform as a Service and not the services available for use on the platform. Services like (i) Recharge for mobiles / DTH and Data Cards, (ii) Travel Ticketing Services, (iii) Fund Transfer, (iv) Utility Bill Payments, (v) Aadhar based services, (vi) Insurance Services, (vii) Finance Application Services, (viii) Banking Correspondent Services & (ix) CSC Support Services etc. are provided by 3^rdparty providers and GS SOFT SOLUTIONS has no role in actual provision of this service and acts only as a Technology Facilitator or HR Facilitator for consuming these services. You, under this agreement, have availed the right to use this software platform, as per acceptable usage norms and on payment of subscription fees.
• Platform & Service License: Upon payment of fees and subject to continuous compliance with this Agreement, GS SOFT SOLUTIONS hereby grants You a limited, nonexclusive, non-transferable license to access, use, and install (if applicable) the Software, and Documentation during the Term (defined below). You may provide, make available to, or permit Your Users to use or access the Services, the Software, in whole or in part. You agree that GS SOFT SOLUTIONS may deliver the Services or Software to You with the assistance of its Affiliates, licensors, and 3^RDPARTY service providers. During the Term (as defined herein), GS SOFT SOLUTIONS may update or modify the terms of usage of services and Software or provide alternative Services or Software to reflect changes in, among other things, laws, regulations, rules, technology, industry practices, patterns of system use, and availability of a third-party program. GS SOFT SOLUTIONS’s updates or modifications to the Services or Software or provisions of alternative Services or Software will not materially reduce the level of performance, functionality, security, or availability of the Services or Software during the Term.
• Evaluation or Beta License:If the Services, Software, and Documentation are provided to You for evaluation, beta, or release candidate purposes, GS SOFT SOLUTIONS grants to You a limited, nonexclusive, non-transferable evaluation license to use the Services, Software, and Documentation solely for evaluation prior to purchase or implementation (an “Evaluation License”). You shall not use the Evaluation License for production use. The Evaluation License shall terminate on the end date of the pre-determined evaluation period or immediately upon notice from GS SOFT SOLUTIONS in its sole discretion. Notwithstanding any other provision contained herein, the Services, Software, and Documentation provided according to an Evaluation License are provided to You “AS IS” without indemnification, support, or warranty of any kind, express or implied. Except to the extent, such terms conflict with this Section, all other terms of this Agreement shall apply to the Services, Software, and Documentation licensed under an Evaluation License.
• Upgrading/Downgrading Account Type: If applicable to your license, you may, at any time, upgrade or downgrade your GS SOFT SOLUTIONS account type. The change will take effect immediately. After an upgrade, you will be billed immediately for the additional fees due under the upgraded account type for upgraded add-on for the remaining time of the applicable Term. The amount due and owing for the upgraded account type will be reduced by the amount You have already paid for the applicable Term. In regard to a downgraded account type, you will be billed the fees due for the downgraded account type at the commencement of the Renewal Term. Downgrading Your license may cause loss of content, features, or capacity as available to You under Your previous license, and GS SOFT SOLUTIONS does not accept any liability for such loss.

4. LICENSE RESTRICTIONS, OBLIGATIONS OF CLIENT

General obligations of the Client will be as follows:

• The Client is in good standing under the laws of the Client’s incorporation or in the jurisdiction in which the Client is a resident and / or does business and that the Client has full authority to enter into this Agreement and to perform all the obligations hereunder according to the terms hereof.

• The Client has obtained all regulatory approvals / licenses / consents / authorisations as may be applicable , from the relevant regulatory authority or other governmental body having jurisdiction over the Client to perform the Services covered by this Agreement and shall keep the same valid throughout the currency of this Agreement and shall bring to the notice of GS SOFT SOLUTIONS any expiry, modification, or suspension of any such approvals / licenses and the initiation of any adverse action by the relevant authority concerned in relation thereto. The Client shall obtain and furnish such approvals as may be required in the future in connection with the transactions contemplated under this Agreement.

• The Client shall take and has appropriate mechanisms and means to ensure adequate precautions to protect the privacy and confidentiality of all data in its possession, pertaining to GS SOFT SOLUTIONS, the End Users of Services provided by the Client or any other third party in relation to this Agreement or the Services and shall take appropriate precautions in relation to the same, not to breach the privacy of GS SOFT SOLUTIONS. However, the Client will be able to disclose necessary information if required by law and if directed by any relevant government/judicial/regulatory authority or in case the information is already known to the public.

• The Client has full power and authority to enter into this Agreement and to take any action and execute any documents required by the terms hereof; and this Agreement has been duly authorized, has been duly and validly executed and delivered, and constitutes legal, valid, and binding obligation on the Client, enforceable in accordance with the terms hereof; and the persons executing this Agreement on behalf of the Client are duly empowered and authorised to execute this Agreement and to perform all its obligations in accordance with the terms herein. The Client will forthwith furnish satisfactory evidence of the above upon request.

• The Client shall be responsible for compliance of all laws applicable in the relevant country/ jurisdiction of its operation in relation to the Services, the premises owned by the Client.

• The Client shall not violate any proprietary and/or Intellectual Property Rights of GS SOFT SOLUTIONS including without limitation, confidential relationships, patent, trade secrets, copyright and any other proprietary rights in rendering with respect to the Services and conducting the Transactions contemplated hereunder.

• The Client agrees that no change whatsoever in its constitution during the continuance / validity of this Agreement shall impair or discharge the obligations of the Client under this Agreement.

• The Client shall, forthwith upon any change in the constitution of the Business Correspondent Distributor, inform GS SOFT SOLUTIONS of the change and provide such details in respect of the change and its effect, as may be required by GS SOFT SOLUTIONS.
• In the event any End User makes a complaint to GS SOFT SOLUTIONS about any services provided by the Client, GS SOFT SOLUTIONS shall intimate the same to the Client and the Client shall take all such prompt steps to resolve the issues as may be necessary.

• The Client, shall, adhere to the KYC Norms of GS SOFT SOLUTIONS at all times and submit the required KYC Documents as required from GS SOFT SOLUTIONS at the commencement of this agreement and at every time the Company requires the same during the currency of this agreement.

• The Client understands that GS SOFT SOLUTIONS is a solution provider and platform aggregator. Various services such as Mobile Recharge, Flight/Bus/Hotel/Cab booking, Money Transfer, Bill Payment etc are services provided by independent third-party service providers and operators. GS SOFT SOLUTIONS provides a technology platform to use these services effectively and is not responsible for any issues with these services.

• The Client agrees to ensure full compliance to its obligations set out in service specific exhibit(s) as annexed to this agreement, which shall form part of this agreement.

• The Client shall not assign or transfer all or any of its rights, benefits or obligations under this Agreement without the prior approval of GS SOFT SOLUTIONS. GS SOFT SOLUTIONS may, at any time, assign or transfer all or any of its rights, benefits and obligations under this Agreement.

• The CLIENT undertakes that, during the term of this Agreement, at the point of customer interface, a retail outlet / branch or a sub-agent of the CLIENT, designated or appointed for GS SOFT SOLUTIONS, shall represent and undertake activities exclusively for GS SOFT SOLUTIONS and no other Banking Partner or financial institution or non-Banking Partnering financial company or any other intermediary engaged in providing financial services. Nothing contained in this clause shall prevent the CLIENT from being a CLIENT for any other Banking Partner or financial institutions for locations other than locations as confirmed by CLIENT and approved by GS SOFT SOLUTIONS.

• Pool Account: The CLIENT will open a VIRTUAL POOL account with GS SOFT SOLUTIONS which will be treated as a Virtual Bank account (“Pool Account”) for which GS SOFT SOLUTIONS shall provide such necessary assistance to the CLIENT. The Pool Account, with supplementary arrangements with Bank Account(s), shall be used for the purposes of depositing the funds from the Customers for deposit in and withdrawal out of their savings account, current account, recurring deposit, fixed deposit etc. for consuming AEPS Service.

• The CLIENT shall immediately notify GS SOFT SOLUTIONS in writing about any occurrence of any event which may result in or which may give reason to believe that there may be work stoppage, slowdown, labour dispute, strike, any labour related disruptions of its own staff or other impediment or disruption in the due performance of the its obligations. The CLIENT also agrees to submit a full written report of the events of any such work stoppage, slowdown, labour dispute, strike, disruption, or impediment.

• The CLIENT shall be responsible for compliance of all laws, rules, regulations and ordinances applicable in respect of its Agents (including but not limited to Minimum Wages Act, Provident Fund laws, Workmen’s Compensation Act), Gratuity, Bonus Act, Workmen’s Compensation Act, Contract Labour (Regulation & Abolition Act) etc. or under any other State / Union legislation and shall establish and maintain all proper records including, but not limited to, accounting records required by any law or regulatory guideline applicable to it from time to time, including records and returns as applicable under labour legislations.

• The CLIENT shall refrain from engaging in activities that many create or appear to create conflict of interest between the CLIENT’s own business interests and those of GS SOFT SOLUTIONS and the Banking Partner. In case, any conflict of interest occurs when there is an actual, perceived or potential discrepancy between the CLIENT’s interest or benefit and its obligations to GS SOFT SOLUTIONS, then the CLIENT shall desist from performing those activities which are in conflict with the interest of GS SOFT SOLUTIONS and shall discuss the same with GS SOFT SOLUTIONS and arrive at a mutually agreeable discourse.

• The CLIENT may be acting as a CLIENT for more than one Financial Technology Partner such as GS SOFT SOLUTIONS however, the CLIENT shall ensure that at the point of customer interface, a retail outlet or a sub-agent of a CLIENT shall represent and provide Banking services of only one Partner and one Banking Partner. Where the CLIENT is engaged by more than one Partner, it shall be the sole responsibility of the CLIENT to ensure that the funds, customer database and other account details shall be separately maintained by the CLIENT and shall not be co-mingled of data.

• The CLIENT shall and undertakes to provide such regular reports, in such format and at such intervals as may be specified by GS SOFT SOLUTIONS and the Banking Partner with respect to the Services undertaken in terms of this Agreement. During the term of this Agreement, GS SOFT SOLUTIONS will review the performance of the CLIENT and will monitor the activities of the CLIENT. For this purpose, GS SOFT SOLUTIONS may visit the office of the CLIENT and interface with Customers at periodical intervals. In case the CLIENT fails to perform in accordance with the terms and conditions of this Agreement, GS SOFT SOLUTIONS will intimate the CLIENT of such shortcomings. In case CLIENT fails to cure such shortcomings within 30 (thirty) days of such intimation, GS SOFT SOLUTIONS shall have the option to terminate this Agreement forthwith.

• CLIENT shall itself perform its obligations under this Agreement and shall not assign, transfer or sub-contract any of its rights and obligations in relation to all or part of the Service or related thereto, under this Agreement, except with the prior written permission of GS SOFT SOLUTIONS.

Services to be provided by Client as per Banking Guidelines for Banking enabled services like AEPS & Domestic Money Transfer:

• The CLIENT shall ensure that its personnel, any independent third-party agents, sub-agents, representatives as may be appointed by the CLIENT, subject to prior written approval from GS SOFT SOLUTIONS (hereinafter referred to as “Agents”), sub-agents (engaged to perform obligations of CLIENT hereunder) are selected through a process that is found suitable by the Banking Partner for providing the Services in an efficient and timely manner. The CLIENT shall provide the details of said personnel, Agents, sub-agents to the Banking Partner as and when requested by the Banking Partner. The Banking Partner, shall promptly perform an internal review of such personnel Agents, sub-agents at cost of the CLIENT and shall approve or disapprove engagement of any such personnel, Agents, sub-agents, to provide Services.

• GS SOFT SOLUTIONS shall not be responsible for any of the acts of the CLIENT to its Customers. The CLIENT shall be solely liable for all the acts of the Agents and any act done by the Agent shall be construed as the act of the CLIENT.

• GS SOFT SOLUTIONS shall not be responsible for any of the acts of the CLIENT to its Customers. The CLIENT shall be solely liable for all the acts of the Agents and any act done by the Agent shall be construed as the act of the CLIENT.

• The CLIENT undertakes to manage cash on the field, in transit and at its retail outlets and ensure availability of sufficient cash at its retail outlets, to enable Customers transactions as per the agreed product programs of the Banking Partner and the Banking Partner as finalized with GS SOFT SOLUTIONS Management, shall put in place appropriate cash holding limits by CLIENTs and also limits on individual customer payments and receipts, not exceeding Rs. 100,000 or such other amount as the Parties may agree from time to time. The CLIENT also assumes all the risk associated with handling of cash at the ground level.

• Each retail outlet/Agents of the CLIENT shall put up a signage as approved by the Banking Partner with complete name of the CLIENT, the contact details of the base branch/controlling office of CLIENT, details of their and the fees for all Services, charged by the Banking Partner, available at the outlet. The CLIENT shall not demand, collect/recover any fee or commission/service charges or other monies from the Customers directly for services rendered by the CLIENT on behalf of GS SOFT SOLUTIONS and the Banking Partner.
• The CLIENT shall not demand, collect/recover any commission/service charges or other monies from the Customers introduced by CLIENT to GS SOFT SOLUTIONS and the Banking Partner under this Agreement under any circumstances.

• Specific undertaking by You:

1. You will not use the GS SOFT SOLUTIONS Platform and any of the third-party services for any purpose which is illegal or bad in the eyes of law. Using the platform and specific services like Bharat Bill Payment, UPI, Domestic & International Money Transfer & Aadhar based Payment Services are governed by rules of NPCI, Reserve Bank of India, RBI and any other body governing the same. As user, you are required to ensure compliances with the guidelines for fair & acceptable use of these services and GS SOFT SOLUTIONS is under no obligation to verify authenticity & genuineness of your usage of platform and services. You understand that your usage rights may be affected without any prior notice in case of any irregularities found.

1. Usage of platform & third party services via platform for transacting, dealing into or in any way associating in maintaining / registering accounts (as merchants), facilitate trading, settling, clearing, giving loans against virtual tokens, accepting them as collateral, opening accounts of exchanges dealing with them and transfer / receipt of money in accounts relating to purchase / sale of VCs is specifically barred as per¢ RBI’s Circular No. RBI/2017-18/154 DBR.No.BP.BC.104 /08.13.102/2017-18 Dated 06-04-2018.

1. You will use only those brand names, web domain names, business names and logos for which you are legally entitled for usage. Using GS SOFT SOLUTIONS’s platform for any unauthorised brand usage may attract legal penalty from brand owner and platform & service misuse claims from GS SOFT SOLUTIONS.

1. You will not use GS SOFT SOLUTIONS platform & offered services for carrying out any activity which is fraud, cheating, money laundering, ponzy schemes, deposit schemes, MLM Schemes.

1. You will make payment of all fees, renewal subscriptions and service-based e-limit payments from your own funds and GS SOFT SOLUTIONS will not be responsible to verify the source of the funds and your right to use such funds for using the platform or onboarded services. GS SOFT SOLUTIONS may, if it is directed by 3^rdParty Service providers, Regulatory bodies or its internal compliance team, block your access to platform or services, in case of any anomaly is noticed.

5. TRANSACTION METHODS FOR SERVICES

You agree to provide the correct, accurate details to GS SOFT SOLUTIONS technical team for creating the Virtual Pool Account. To open an account, you must complete the registration process by providing us with its Registration Data, Required KYC Compliance & Registration Forms. Based on successful verification of data & documents submitted by You, the Pool account will be created in the GS SOFT SOLUTIONS system which can be used to execute Transactions for your end customers.

You furnish the authority to GS SOFT SOLUTIONS to debit the Pool Account whenever a transaction is initiated by You using GS SOFT SOLUTIONS’s platform, using¢ Authentication Data (which means User ID, PIN or Password provided to You to process transactions by accessing to the GS SOFT SOLUTIONS’s platform through given Code and API access) for effecting Transactions. You also understand that the Pool Account is a closed ended pre-paid account for Transaction Services and You should keep sufficient pre-paid balance in Account for transactions to be initiated and processed without interruption.

You are responsible for maintaining the confidentiality of the Authentication Data, and are fully responsible and liable for all activities that occur using your authentication data.

You agree to:

1. Immediately notify GS SOFT SOLUTIONS of any unauthorized use of password or other authentication data or any other breach of security.
2. Any transaction or activity pursuant to use of Your account or password or authentication data shall be deemed to be Your or your users’ transaction or activity and GS SOFT SOLUTIONS shall have no obligation to verify the authenticity of any such transaction or activity. GS SOFT SOLUTIONS does not assume any responsibility and cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You further understand & acknowledge that debiting of the Pool Account does not mean successful processing of Transactions of the End Customer. It is also made clear at this point that the transactions so initiated will be processed through the Platform in a Straight Through Process (STP) manner, without manual interaction but are likely to be kept on hold or to be rejected due to one or more technical reasons. These transactions, not processed through STP, will be reconciled by the GS SOFT SOLUTIONS Team and will be cleared in minimum 2¢ Business Days (Business Day¢ means Monday through Friday, excluding Banking holiday, National Holidays and Public Holidays) by either making it successfully processed through manual interaction or by marking it as rejected and crediting the Pool Account with the transaction amount. Since these transactions are processed by 3^rd Party Service Providers, the TAT (Turn-Around- Time) of 2 Business Days can be longer.

You understand & acknowledge that GS SOFT SOLUTIONS is not the service provider or operator of services of mobile phones, internet cards, data cards, DTH service or Bill Payment or Money Remittance Service or Aadhar based transaction processing but is an aggregator and facilitator. You further undertake that you will not hold GS SOFT SOLUTIONS or any of its associates/ employees responsible for any defect in services of service provider or operators.

You understand and agree that, the transaction initiated is likely to be declined, rejected by the software platform due to one or more of the following reasons –

• The Customer details submitted for processing the transaction are inaccurate, improper, incomplete or invalid.
• If the Funds available in Pool Account are insufficient to process the transaction.
• If the Funds in Pool Account are under any charge or lien imposed by GS SOFT SOLUTIONS directly or based on the instruction of any statutory body.
• Technical or other problems at the Service Provider’s End to process the transactions.
• Circumstances beyond the control of GS SOFT SOLUTIONS – (including, but not limited to) fire, flood, earthquakes, natural disasters, bank strikes, power failures, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force).

You agree and understand that if the transaction is rejected by GS SOFT SOLUTIONS due to one or more of the above-mentioned reasons, You or Customer shall not have any claim for cancellation of services.

Notwithstanding anything stated elsewhere in this exhibit or service agreement, GS SOFT SOLUTIONS shall be entitled, in its sole and absolute discretion, to refuse to comply with all or any of your instructions without assigning any reason.

You agree that all services provided by GS SOFT SOLUTIONS over this software platform are governed by the legal framework specified by regulatory authorities including but not limited to RBI, NPCI, TRAI etc. All services will be provided strictly as per guidelines specified by appropriate govt. authority and you will be bound to follow the same while using the software platform for making transactions for end customers.

You agree that all services provided by GS SOFT SOLUTIONS over this software platform are governed by the legal framework specified by regulatory authorities including but not limited to RBI, NPCI, TRAI etc. All services will be provided strictly as per guidelines specified by appropriate govt. authority and you will be bound to follow the same while using the software platform for making transactions for end customers.

6. RESPONSIBLE USE AND CONDUCT

In order to access our Resources, you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your accounts.

Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.

You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

• Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
• Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
• Contains any type of unauthorized or unsolicited advertising;
• Impersonates any person or entity, including any www.upsrtcservices.com, www.gssoftsolutions.co.in employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of www.upsrtcservices.com or www.gssoftsolutions.co.in, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.

You agree to indemnify and hold harmless upsrtcservices.com or gssoftsolutions.co.in a digital property of GS SOFT SOLUTIONS and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents,franchies and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

7. PRIVACY

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

8. LIMITATION OF WARRANTIES

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you.

9. LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. www.upsrtcservices.com or gssoftsolutions.co.in will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

10. COPYRIGHTS / TRADEMARKS

All content and materials available on www.upsrtcservices.com or www.gssoftsolutions.co.in, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of GS SOFT SOLUTIONS, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by GS SOFT SOLUTIONS.

11. TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

12. GOVERNING LAW

This website is controlled by GS SOFT SOLUTIONS from our offices located in the state of Uttar Pradesh, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Uttar Pradesh, India by accessing our website, you agree that the statutes and laws of Uttar Pradesh, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Hardoi, Uttar Pradesh, India. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

13. CANCELLATION AND REFUND

Cancellation of order is not possible once the payment has been made. No refunds will be given except in the event of cancellation or non-performance of service by GS SOFT SOLUTIONS.

14. GUARANTEE

UNLESS OTHERWISE EXPRESSED, www.upsrtcservices.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

15. CONTACT INFORMATION

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

GS SOFT SOLUTIONS

Address – 201 Azad Nagar, Hardoi – Uttar Pradesh, India.

Change to Refund & Cancellation Policy

AtGS SOFT SOLUTIONS, we take pride in the services delivered by us and guarantee your satisfaction with our services and support. We constantly improve and strive to deliver the best accounting, financial or secretarial services through the internet. However, in case you are not satisfied with our services, please contact us immediately and we will correct the situation, provide a refund or offer credit that can be used for future GS SOFT SOLUTIONS orders.

Not Satisfied? Let us know!

If you're not satisfied with the service, simply login to ------ Portal and create a ticket for the engagement to initiate the refund process. All help tickets are reviewed by members of the Senior Management and personally responded within 24-48 hours.

Refund Policy

When a payment of fee is made to GS SOFT SOLUTIONS, the fee paid in advance is retained by GS SOFT SOLUTIONS in a client account. GS SOFT SOLUTIONS will earn the fees upon working on a client's matter. During an engagement, GS SOFT SOLUTIONS earns fee at different rates and different times depending on the completion of various milestones (e.g. providing client portal access, assigning relationship manager, obtaining DIN, Filing of forms, etc.,). Refund cannot be provided for earned fee because resources and man hours spent on delivering the service are non-returnable in nature. Further, we can't refund or credit any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order. Under any circumstance, GS SOFT SOLUTIONS shall be liable to refund only upto the fee paid by the client.

Procedure for Requesting Refund:

Refund request can be initiated through upsrtcservices.com, gssoftsolutions.co.in Platform after signing in. To request a refund, please request a refund in the concerned chat room to the relevant engagement manager. All refund requests must be made within 30 days of purchase. Refund request over 30 days will not be accepted and only credit will be provided for completion of service / change of service. We will complete processing your refund request within 4 to 5 weeks of receiving all the information required for processing refund like reason for refund, bank details for processing request, etc.

Change of Service:

If you want to change the service you ordered for a different one, you must request this change of service within 30 days of purchase. The purchase price of the original service, less any earned fee and money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order, will be credited to your GS SOFT SOLUTIONS account. You can use the balance credit for any other GS SOFT SOLUTIONS service.

Standard Pricing:

GS SOFT SOLUTIONS has a standard pricing policy wherein no additional service fee is requested under any circumstance. However, the standard pricing policy is not applicable for an increase in the total fee paid by the client to GS SOFT SOLUTIONS due to increase in government fee or fee incurred by the client for completion of legal documentation or re-filing of forms with the government due to rejection or resubmission. GS SOFT SOLUTIONS is not responsible or liable for any other cost incurred by the client related to the completion of the service.

Factors Outside our Control:

We cannot guarantee the results or outcome of your particular procedure. For instance, the government may reject a trademark application for legal reasons beyond the scope of GS SOFT SOLUTIONS service. In some cases, a government backlog or problems with the government platforms (e.g. MCA website, Income Tax website, FSSAI website) can lead to long delays before your process is complete. Similarly, GS SOFT SOLUTIONS do not guarantee the results or outcomes of the services rendered by our Associates on Nearest. Expert platform, who are not employed by GS SOFT SOLUTIONS. Problems like these are beyond our control and are not covered by this guarantee or eligible for refund. Hence, delay in processing of your file by the Government cannot be a reason for refund.

Force Majeure:

GS SOFT SOLUTIONS shall not be considered in breach of its Satisfaction Guarantee policy or default under any terms of service, and shall not be liable to the Client for any cessation, interruption, or delay in the performance of its obligations by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labour strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event").

Cancellation Fee:

Since we're incurring costs and dedicating time, manpower, technology resources and effort to your service or document preparation, our guarantee only covers satisfaction issues caused by GS SOFT SOLUTIONS - not changes to your situation or your state of mind. In case you require us to hold the processing of a service, we will hold the fee paid on your account until you are ready to commence the service.

Before processing any refund, we reserve the right to make best effort to complete the service. In case, you are not satisfied with the service, a cancellation fee of 10% + earned fee + fee paid to government would be applicable. In case of change of service, the cancellation fee would not be applicable.