RD Service for Fingerprint Scanner & Iris Scanner

TEMRS AND CONDITIONS OF USER

These websites (certificates1.bioenabletech.com & certificates2.bioenabletech.com) are owned and managed by BioEnable Technologies Private Limited, a company registered under the Companies Act, 1956, (Company) and having its head office at 203, 2nd Floor, Tower S4, Magarpatta, Hadapsar, Pune - 411013.

Your access to and use of this Website/Application is subject to the following terms and conditions and all applicable laws. By accessing and browsing this Website/Application, you are deemed to have read and accepted and agreed to be bound by this disclaimer.

If you browse the Website and/or use the Application or use our Services (defined hereinafter) in any way, you accept, agree to comply with and be bound by this Agreement which forms a binding Agreement between you and the Company.

If you do not wish to be bound by this Agreement, please do not access and use this Website and/or Application or use our Services in any way.

This Agreement may be modified from time to time at the sole discretion of the Company. It is your responsibility to review the Agreement from time to time.

If you continue to use the Website/Application or use our Service, after notice of change has been intimidated or published on our Website/Application, you thereby provide your consent to the changed practices and terms. For this reason we encourage you to review the Agreement each time you access and use the Website/Application.

1. SERVICES DESCRIPTION

RD (Registered device) services enable our customers and end users to register their Fingerprint devices with UIDAI with the help of our Management Server.

2. TERM AND TERMINATION

This Agreement is valid for the specific device(s) for which RD services is purchased and begins from the date of such purchase i.e receipt of payment by the Company and remains valid for the duration for which payment is made, unless renewed or extended.

Termination for Breach: 

The Company reserves the right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of the Company and/or other Users. The Company reserves the right to limit, deny or create different access to the Website/Application and its features with respect to different Users.

Company reserves the right to terminate your account or your access to the Website/Application immediately, with or without notice to you, and without liability:

•     if you have violated any of the terms of the Agreement;

•     if you have furnished us with false or misleading information;

•     if you have been held liable by or accused of related services before any Indian judicial forum;

•     pursuant to requests by law enforcement or other government agencies;

•     in case of unexpected technical or security issues or problems;

•     in case of discontinuance or material modification to the Services (or any part thereof); and/or

•     in case of interference with use of our Website/Application by others

In the event of termination by you or us, your account will be disabled and you will not be granted access to your account or any information or content contained in your account. In the event the account has been terminated by us, you will not attempt to create another account for accessing and using the Website/Application without the written consent of the Company.

Notwithstanding the termination of the Agreement, you shall continue to be bound by the terms of the Agreement in respect of your prior use of this Website/Application and all matters connected with, relating to or arising from such use.

3. OBLIGATIONS OF THE USER

•     You shall use the devices purchased/RD services, solely for the purposes as mentioned in herein or agreed with the Company.

•     You acknowledge that Company is only responsible for providing RD service on “as is” basis and shall not be responsible for any kind of customization including integration with KUA/AUA, yours application etc. You shall be solely responsible for the application(s), KUA/AUA networking/connectivity etc.

•     You shall be solely responsible for the end point computing environment including but not limited to smartphone, laptop, computer etc. With which the sensor is used and will be completely responsible for security, protection, antivirus, malware etc of the same.

•     You shall ensure the traceability and control on the registered device at all the time.

•     You shall ensure that registered device shall be used by authorized person and for agreed purpose only.

    That you hereby declare that you are fully aware and understands the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (“Aadhaar Act, 2016”) and its Regulations made thereunder and undertake that you shall at all times abide by the same. You further declare that you are fully aware that you shall be liable for penal provisions, as applicable for any contravention of the Aadhaar Act 2016. You shall ensure that all declared usage shall comply with the provisions of the Aadhaar Act and rules, regulations, notifications and circulars issued thereunder.

•     You further declare that you shall be responsible for all the consequences arising out of or from unintended, malafide or misuse of the devices or use of the device for any purpose other than the purpose stated by you.

•     You undertake not to sell the device / diverted or otherwise lose control of the device and should not be doing anything by which the device will no longer be in contact of the Company.

•     You ensure that regular RD Services / Management Client patches shall be duly installed on all devices. Liabilities arising out of failure to do so shall solely be owned by you.

•     In respect of existing Public Devices, you shall accept necessary upgrade software patch provided by Company to enable you to migrate such devices to the acceptable level as communicated by UIDAI/Company, carry out all required technological upgradation.

•     You shall be responsible for maintaining the requisite level of security and related measures to prevent security breaches, including but not limited to preventing replay attacks, keeping the environment clean of rogue applications/software, malware, virus, security vulnerabilities (including known vulnerabilities to system software and / or any other applications directly or indirectly influencing the environment within which the device is being used) etc. which may either adversely affect the functioning of software / devices provided by Company or which may try to hack / disrupt the functioning of such software / devices to cause a security breach, including. You shall be responsible for keeping the device keys securely and safely and shall not compromise it in any manner.

•     You will be solely responsible for all damages and liabilities, if any, resulting from such breaches and as assessed by all/any stakeholders including UIDAI, as specified under the Aadhaar Act and rules and regulations made there under

•     It shall be the sole responsibility of yours that the devices purchased/RD services are used only for the purpose as specifically declared by you and only by authorized personnel of yours for this purpose and uses only authorized applications (free of any malware, virus, and any application capable of causing a security breach). Ensure that your applications adhere to all applicable standards, security features, etc. as laid down by UIDAI and the related acts / regulations.

4. EXCLUSION OF LIABILITY

Company’s responsibilities under these Terms and Conditions extended only to services provided/supplied directly to You, and the Company is not liable for any subsequent transactions involving such Deliverables, or any direct or indirect issues arising out of it.

5. INDEMNITY

You undertake to indemnify, defend and hold harmless the Company and its directors, officers, employees, representatives, agents etc. (“Indemnified Party”) to the fullest extent from and against any and all claims, actions, losses, damages, penalties, liabilities, costs, charges, expenses, suits, or proceedings of whatever nature made, suffered or incurred, including, any legal or other fees and expenses incurred by Company, arising out of or in connection with the faults/breaches of yours.

6. INTELLECTUAL PROPERTY RIGHTS

The Company is the sole owner or lawful licensee of all the rights to the Website/Application and its content. Website/Application content means its design, layout, text, images, graphics, sound, video, etc. The Website/Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website/Application and its content shall remain with the Company.

Company’s logos and other registered and unregistered trademarks are trademarks belonging to Company. Company gives no permission for the use of these trademarks and such use may constitute an infringement of Company’s rights.

The third party registered and unregistered trademarks or service marks on the Website/Application are the property of their respective owners and, unless stated otherwise in the provisions of the Agreement, Company do not endorse and are not affiliated with any of the holders of any such rights and as such Company cannot grant any licence to exercise such rights.

7. USER ACCOUNT

The Company reserves the right to collect your data including name, contact information and other details to facilitate the Services or use of its platform to avail Services. All information collected from you is on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automatic termination of Services or the use of the platform, without prior notice to you.

We advise you to constantly get updated with the current version of our themes for your usage. Since, we constantly update our themes to be compatible with the latest version of WordPress.

8. AMENDMENT

These terms and conditions may be amended by the Company from time to time, as per its sole discretion and in order to comply with the directions, circulars, notifications etc issued by UIDAI or any other concerned authority.

9. AUDIT

Company or third party agency appointed by Company/UIDAI shall have the right, at any time during the term hereof, during Purchaser’s working hours, to perform audit at Purchaser’s premises, documents, system etc. where RD services is used, to verify compliance(s) by Purchaser.

10. PAYMENT

The RD Service default validity is one year from the date of purchase if you do not opt for validity year more than one.

If subscription is not renewed on or before the expiry of RD Service validity, the RD service shall be discontinued for any further usage.

11. CANCELLATION/REFUND

RD service activation details will be delivered through SMS/email with no cancellation and refund provisions. The Company does not refund any fee/charges paid towards RD services.

12. SHIPPING & DELIVERY

RD service activation details will be delivered through SMS/email, thus you shall keep your phone with proper connectivity. You may receive mail in junk box, so keep check on junk box as well. The company shall not be responsible for non receipt of activation details due to poor connectivity.

13. ENTIRE AGREEMENT, GOVERNING LAW AND JURISDICTION

These Terms and Conditions supersedes all prior contemporaneous oral or written Terms and Conditions with respect to the use of the RD Services. These Terms and conditions shall be governed and construed in accordance with the laws of India and shall be subject to the jurisdiction of courts at Pune.

14. SEVERABILITY

Any part, provision, representation or warranty of these Terms and Conditions which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of these Terms and Conditions which are prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

15. FORCE MAJEURE

The Company shall not be held responsible for failure in the event of force majeure which term shall include any extraordinary, unexpected and unavoidable event cause beyond the control of the Company including but not restricted to acts of God, acts or omissions of any government, or agency thereof, rebellion, insurrection, riot, sabotage, invasion, quarantine, restrictions, strike, lock out and transportation embargoes.

16. RENEWAL OF RD SERVICE SUBSCRIPTION - CUSTOMER DETAILS

Customer detail (e-mail and phone number) given at the time of renewal will be updated in our system, irrespective of the earlier detail given at the time of purchase of RD service and accordingly the device will be registered with updated information and all future communication shall be sent to those details.