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WEBSITE (CLICKWRAP) AGREEMENT – TERMS AND CONDITIONS
This is a site click-wrap agreement which means that by just clicking on this site, any user gives implied acceptance to the Terms and Conditions governing this site.
A user may indicate his / her rejection, by immediately exiting or clicking cancel or closing the window. Upon rejection, the user cannot use this site or purchase the product or service.
All the terms and conditions may not always appear on the same webpage or window.
In using this site you are deemed to have read, understood and expressly agreed to the following Terms and Conditions which shall be binding on you:
These Terms and Conditions (‘T&Cs’) govern the use of services pertaining to EzeeWill (“Services”) which is provided by Warmond Trustees & Executors Private Limited (“the Company”) on a principal to principal basis to its clients (“Clients”), through a web portal facilitated by NSDL e-Governance Infrastructure Limited (“NSDL e-Gov”). These T&Cs and any additional terms posted on this site from time to time together constitute and represent the whole agreement and understanding between the Company and the Clients who avail the Services.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect of the Company’s stated Services, in accordance with and subject to, prevailing Indian Laws.
To avail of the Services you have to follow and comply with the Guidelines as provided on the site of EzeeWill services www.ezeewill.com.
References to “Client”, “Subscriber”, "You" and “Your” refers to you, the person or the user accessing this site to avail of the Services as offered by the Company and accepting the Company’s T&Cs. These terms “Client”, “Subscriber” “You” etc. shall also mean “Originator” as defined under section 2 of the Information Technology Act, 2000 and attribution of this agreement as electronic record under section 11 of the aforementioned Act shall be construed accordingly..
References to the “site" in these T&Cs are to www.ezeewill.com and its contents.
The Company and the Client shall collectively be referred to as “Parties” and individually as “Party”.
“dispatch” of an electronic record occurs when it enters a computer resource outside the control of the Originator.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
PLEASE READ THE T&Cs CAREFULLY.
By accessing, browsing or using this site and the Services, you unconditionally accept, without limitation or qualification, the T&Cs as set forth herein. Further, by accessing any of the sub-sites (whether belonging to an associate of the Company or otherwise) through the site, then such sub-site may have its own terms and conditions, which are specific to such sub-site.
By agreeing to the Terms and Conditions listed herein and clicking on the "Submit" button, I hereby consent to provide information that may be deemed as sensitive personal data or information (SPDI) under the Information Technology Act, 2000. I understand that my submission of the information mentioned above will be used by NSDL e-Gov and Warmond only for limited purpose of providing me the necessary services for which I have enquired with the EzeeWill platform.
In the event that any of the T&Cs herein conflict with any additional terms or other terms contained within any other document of the Company, then these T&Cs shall prevail.
3. ROLE OF NSDL e-Gov
The domain name www.ezeewill.com (hereinafter referred to as the "site") is operated and maintained by NSDL e-Governance Infrastructure Ltd., a company incorporated under the Companies Act, 1956 with its registered office at 1st Floor, Times Tower, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai – 400013 (hereinafter referred to as "NSDL e-Gov") for Warmond Trustees & Executors Private Limited (hereinafter referred to as “Warmond”). The site is only a platform that can be utilized to avail services from Warmond and the contract for providing services shall be between Warmond and you on a principal to principal basis.
4. SITE CONTENTS AND PROPRIETARY RIGHTS
You agree to abide by all instructions provided on this site regarding the way you may use the Content.
Unless otherwise specified, the Services are only for your personal and non-commercial use.
All materials of the Company and NSDL e-Gov, including but not limited to text, images, photographs, graphics, audio, video, software, icons or other material (the “Content”) which belong to the Company or NSDL e-Gov are protected under international conventions, the Copyright Act, 1957, and all other applicable Indian laws, with amendments, rules and regulations. You shall not use the Content for any purpose, except as specified herein.
You acknowledge and agree that you shall not transmit, distribute, show, exchange, modify, sell, upload post, reproduce, copy, mirror, frame, republish, download, store (in any medium), up-load to a third party, adapt or change in any way this Content or the Services that is/are protected by copyright or other proprietary right of a third party, or create derivative works of the Content or the Services for any business, commercial or public purpose without the express written authorization of the Company and NSDL e-Gov, except to the extent that such copying/printing is necessary for the purposes of availing of the Services on the site.
There are proprietary logos, Service marks and trademarks on this site either owned/used by the Company, NSDL e-Gov or any other third party(s). By displaying them on this site, the Company and NSDL e-Gov are not granting any license to utilize those proprietary logos, Service marks, or trademarks. Any unauthorized use of the Content by you may violate the extant copyright laws, trademark laws, the laws of privacy and publicity, leading to personal liability along with civil and criminal action against you.
This prohibition does not extend to:
Materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify; or
Any fair dealing for the purposes of private study, research, criticism or review.
Upon you agreeing to comply with these T&Cs, you shall be granted a non-exclusive, non-transferable, limited right to enter, view and use this site.
5. PROHIBITED CONDUCT
You shall not interrupt or attempt to interrupt the operation of this site in any manner whatsoever.
You agree not to use the Services we provide via the site to:
Transmit any information or do anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
Transmit any information that you do not have a right to transmit or which infringes another's rights;
Carry out any activity which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
Carry out any activity which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
Interfere with or disrupt the Services, servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or collect or store personal data about other users; or
Which exploits children under 18 years of age;
Which infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party;
Which promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities;
Which posts or discloses any personally identifying information or private information about any third parties without their express consent;
That has been promoted through the sending of spam or mail fraud schemes, or pages that promote or condone the sending of spam. The sending of the same will result in an immediate suspension of the Services availed by you.
That is or contains links to nudity, pornography, adult content, materials with sex or foul language.
6. REGISTERED MEMBERS
To become a registered member, you expressly undertake to provide only correct and valid information/details through enquiry form for requesting any Services under this Agreement.
Information/details required may be mandatory and/or optional. You represent and warrant that all information/details you supply to us, about yourself, are true and accurate and you shall not misrepresent any facts. You hereby provide your consent to the Company, to share the information provided by you with their service providers and their sub-contractor(s), strictly for the purpose of providing Services under this agreement.
At any time during or after receiving a request for Services from you, if the Company has reason to believe the same to be unauthorized, untrue or false, the Company in its sole discretion shall have the right to take any steps against you, including cancellation for the Services paid for, etc. without any prior information to you. In such an event, the Company shall not be responsible or liable for any loss or damage that may be caused to you as a consequence of such cancellation of the relevant Services.
7. SUBSCRIBER RESPONSIBILITY
When you apply to use our Services, you will be asked to submit enquiry.
Subscribers are responsible for maintaining accurate contact information.
The fee for the Services is subject to change at any time. You should make sure you are aware of the fee for the Services / scheme using which you are availing this service, before you avail it.
We may cancel or discontinue your use of or access to the Services without liability to refund any fees paid in advance for future Services if you breach any of these terms.
8. SERVICE FEES / PAYMENTS / INVOICES
All fees and charges for the Services are quoted and billed in Indian Rupees unless otherwise noted. Fees and charges can be found at: www.ezeewill.com/pricing.html
You have specifically authorized Warmond or its other service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically to and from other users in respect of transactions.
We reserve the right to modify our Service Fees and rates at any time and without any notice and the same shall be effective upon their posting on the site.
9. MONITORING SITE CONTENT
However, we do not assume any obligation to monitor or censor materials.
If you submit material to this site, you permit us, for any reason, to:
monitor the content of this site, including chat rooms, electronic bulletin boards, forums and other communications facilities, to determine compliance with these conditions; and,
edit, refuse to post or remove any material submitted by you.
We reserve the right to host moderated or un-moderated forums or other web pages to which site users can post materials ("Forums"). We are not responsible for:
Materials posted to Forums by third parties, whether or not we moderate those Forums;
Materials altered by us in moderating Forums; or
Our removal of, or failure to remove, all or any part of those materials.
10. TERMINATION / PLAN CHANGE POLICY
Any request for changes, will be handled offline and through separate channel that can be provided to the client on request. You are requested to contact us using contact information given in www.ezeewill.com/contact-us.html
We may terminate the Services availed by you in the following circumstances (non – exclusive list):
Non-payment of fees;
If you are in breach of any of these T&Cs;
If your use of the Services disrupts our business operations or affects any other party.
If required by law.
On any of your Services being terminated, your data will be removed from the site.
11. RESERVATION OF RIGHTS
We reserve the right and sole discretion to:
Censor any Content on the site that is deemed inappropriate;
Terminate any Services if they result or may result in, or are the subject of, legal action or threatened legal action against the Company or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
Terminate any Services at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that we believe is harmful to our business or for conduct where the use of the Services is harmful to any other party;
Cooperate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law;
Modify, suspend or terminate, temporarily or permanently, the access to the site and the related services or any portion thereof at any time, without notice, for general maintenance or for any other reason. This includes removing information transmitted by you to us. You agree that it may be necessary for us to temporarily suspend the Services for technical reasons or to maintain network equipment or facilities.
By submitting personal information via any of the enquiry forms on the site, you agree to be contacted (either by phone or email) by a representative of the Company.
12. LIMITATION OF LIABILITY
The Services provided on an "as is" and "as available" basis and the use of the Services is at your own risk. The Services will be provided to the best of our capabilities. However, the Services are subject to the correct and accurate information submitted by you and the Company shall not be liable for any consequences whatsoever arising from wrong, incomplete, inaccurate, misleading information provided by you. We make no representations or warranties, either expressed or implied, with respect to the Services, or any service or information provided through the Service. We are not responsible for any damages, injury or economic loss arising from the use of the content or Services provided by us.
The Services shall be provided subject to and based upon the details and/or information as provided by you. In case the details are inaccurate and do not comply with the Guidelines, the Company shall have no liability whatsoever.
We, our officers, directors, owners, agents, employees and NSDL e-Gov shall in no way be liable to you or anyone else for any direct, indirect, incidental or consequential damages or economic loss or injury resulting howsoever arising, whether in contract, tort or otherwise from your use or inability to use this site, or any of its contents, or from any action or omission taken as a result of using the Services or in connection with this site, any other services or products provided to you or any other website to which this site is linked. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
Your reliance on the completeness, accuracy, suitability or currency of the site or its content (including third party material and advertisements on this site), irrespective of any verifying measures taken by us. This site is designed for general interest only. It is not advice and you should not rely on it;
Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
The provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on this site;
Defamatory, threatening, offensive or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
Further, the Company and NSDL e-Gov shall not be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the site, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
At no time shall NSDL e-Gov have any obligations or liabilities in respect of such contract entered into between Warmond and you. NSDL e-Gov will not be responsible for unsatisfactory or delayed performance of services by Warmond.
However, nothing contained in the Clause shall exclude or limit our liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless the Company and NSDL e-Gov and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, causes of action, claims, demands, damages, costs and expenses, including reasonable legal fees and interest chargeable, brought by third parties as a result of :-
Any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to this agreement;
Violation of any law or rights of a third party by you; or
Use of this site by you.
You shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and the Company cannot be held liable for the same.
Any information specifically mentioned by the Company as confidential shall be maintained confidentially and shall not be disclosed unless as required under any law to the appropriate authorities or to serve the purposes of T&Cs and the obligation of the parties concerned.
We take appropriate steps to protect the information you share with us. We have effective technology and security features and strict policy guidelines to safeguard the privacy of your personally identifiable information from unauthorized access, misuse and disclosure.
Email newsletters will only be sent directly by the Company. Subscriber information will not be disclosed or sold to any third parties.
The Company will continue to reinforce its security procedures as advanced technology becomes available, to ensure that its security procedures are compliant with current applicable regulations.
17. THIRD PARTY ADVERTISEMENTS AND LINKS
We may provide links to other websites for your convenience. We do not take responsibility or endorse the content of those websites and are not liable for their availability or for any loss or damage incurred by the use or non – use of such websites. You may access such websites at your own risk. Further, if you avail of any goods or services from such websites, your contract for the supply of those goods and services will be with the third party operating that website.
18. TERMS OF TRADE
If you avail of the Services from us through this site, the following conditions apply (in addition to, and to the extent these conditions are consistent with, any terms or conditions relating to the Services appearing elsewhere on our web pages or otherwise the subject of an agreement between us):
Your order is an offer to avail of the Services which we may accept, in whole or in part, by providing the same to you. Any acknowledgment of your order is only to confirm receipt of your transmission, notwithstanding that it might state or imply that your order has been accepted;
Where the Services offered through this site are supplied by third parties, we are an ordering intermediary only and are not responsible for those Services or their delivery;
The fee is as stated on this site at the time of the order, expressed in Indian Rupees unless otherwise indicated;
Unless otherwise stated, the fee excludes any applicable service tax and delivery and insurance charges;
The provision of Services to you does not confer on you any intellectual property rights (such as marks, designs, copyright or patents) inherent in the Services supplied;
Services available through this site are subject to change at any time without notice. Listed Services may not be available immediately or at all. Further, the fee of the same may change; and
19. CANCELLATION/TERMINATION POLICY
Once the Services are opted by you, no refund of amount is permitted.
Both, the Client and the Company, have the right to terminate any Services for any reason, including ending of Services that are ongoing. No refunds shall be allowed and offered, where a Service has been initiated.
20. FORCE MAJEURE
We shall not be liable for any delay, interruption or failure in the provisioning of Services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities or other similar events beyond our control that may prevent or delay the provisioning of Services.
21. UNENFORCEABLE PROVISIONS
If any part of this Agreement is found to be invalid or unenforceable under the applicable laws, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
We may, in our sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made binding on all Clients upon posting of the modified Agreement to the site. You are responsible to read this document from time to time to ensure that your use of the Services remains in compliance with this Agreement.
23. AGE OF MAJORITY
We do not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
25. ENTIRE AGREEMENT
This Agreement, as may be updated from time to time and posted at www.ezeewill.com represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.
You agree that, unless other instructions are posted on this site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for the Company as posted on the site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
27. GOVERNING LAW AND DISPUTE RESOLUTION
The rights and obligations of the parties pursuant to this Agreement are governed by the laws of India. For any dispute or difference, you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts in Mumbai.
You may be subject to other local, provincial or state and national laws in India.
28. NO ADVICE GIVEN
If you require specific advice for your individual circumstances, consult an appropriate expert directly. Do not rely on the general material on this site. We will endeavour to assist you if you specifically inquire about matters in which we have expertise, but cannot accept any responsibility for doing this.
Once You have agreed to avail the services of Ezeewill by paying the prescribed Transaction price, You will be not entitled to a refund in respect of the transaction price for that service under any circumstances except where the payment made is in excess of the prescribed transaction price which may occur due to any technical glitches while processing the payment through Your Issuing bank. You further agree that Warmond and NSDL e-Gov do not assume any obligation to refund the Transaction Price once paid except in case of excess payment received by Us.
30. DISCLAIMER NOTICE
THIS SITE AND ITS CONTENTS ARE FOR YOUR NONCOMMERCIAL AND PERSONAL USE ONLY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, DOES NOT ASSUME RESPONSIBILITY FOR OR MONITOR CONTENT ON ANY PAGES/WEBSITES THAT ARE NOT PART OF THE COMPANY, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE RELATING TO THIS SITE AND/OR ITS CONTENT AND/OR ANY SITE TO WHICH IT IS LINKED ARE HEREBY TO THE FULLEST EXTENT PERMITTED BY LAW EXCLUDED. NO REPRESENTATIONS OR WARRANTIES ARE GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THIS SITE, OR ANY WEBSITE TO WHICH IT IS LINKED.
The Company and NSDL e-Gov shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may attributable, directly or indirectly, to your access and use of the Services and on account of your giving deliberate false and/or misleading information to avail of the services by you. Services offered by the Company are not meant to be a substitute for legal advice or legal remedy that you may need/require from a legal professional. The Company will not be held financially, legally or otherwise responsible for any decisions made by you, subsequent to receiving any Services. Entering this site and/or registration for Services, availing of the Services from this site will be taken as your understanding and acceptance of this disclaimer.
THE USE BY US OF ANOTHER’S TRADE MARK ON THIS SITE IS NOT OF ITSELF INTENDED TO INDICATE ANY ASSOCIATION WITH OR ENDORSEMENT BY OR OF THE OWNER OF THAT TRADE MARK.