Terms & Conditions

Use of the EVMS MOBILE Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading EVMS MOBILE mobile application (hereinafter collectively, the mobile app EVMS MOBILE run by Aditya Infotech Limited, having its corporate office at A-12, Sector-4 , NOIDA, UP – 201301 and registered office at F-28, Okhla Industrial Area, Phase – 1, New Delhi – 110020 (hereinafter collectively, referred to as CP PLUS or Aditya Infotech Limited) on any device and/or before availing any services offered by CP Plus which may include services such as purchase of plans, payment of plans, availing services, generating reports, uploading data or any other service that may be offered by CP PLUS (hereinafter individually, and collectively, the CP PLUS Services).

Acceptance

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

Eligibility

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. The CP PLUS Services are not available to persons under the age of 18 or to anyone previously suspended or removed by CP PLUS from availing the CP PLUS Services or accessing the CP PLUS EVMS MOBILE. By accepting the T&Cs or by otherwise using the CP PLUS Services provided by the CP PLUS, You represent that You are at least 18 years of age and have not been previously suspended or removed by CP PLUS, or disqualified for any other reason from availing the CP PLUS Services. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, CP PLUS reserves the right to suspend or permanently prevent you from availing CP PLUS Services.

Other Terms and Conditions

Additional terms and conditions may apply in order for you to avail specific CP PLUS Services and to specific portions or features of the CP PLUS, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the CP PLUS Service offered, the latter terms shall control with respect to your use of that portion of the CP PLUS Service. CP PLUS may make changes to any CP PLUS Services offered, or to the applicable terms for any such CP PLUS Services, at any time, without notice. The materials on the CP PLUS EVMS MOBILE with respect to the CP PLUS Services may be out of date, and CP PLUS makes no commitment to update the materials on the CP PLUS with respect to such CP PLUS Services. The following terms also govern and apply to Your use of the CP PLUS services, and they are incorporated in the mobile application namely EVMS MOBILE.

SSOID Service, Participating Platforms:

CP PLUS ’s SSOID service offers you the convenience, after a one-time registration any CP PLUS, to sign on (log in) to app operated by CP PLUS. For the use of CP PLUS ’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform CP PLUS immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that CP PLUS sends the user an OTP on the registered email or mobile no. By the user entering the OTP received on the registered mobile no. or email, the user accepts CP PLUS ’s registration / password update for the login account, so that in this way the SSOID Agreement enters into force. CP PLUS is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for CP PLUS) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.

Pricing & Payment

Prices throughout the website are quoted in Indian Rupees (INR), and payment can only be accepted in Indian Rupees. Prices include Goods Service Tax (GST).

In case of international credit cards, the transaction amount will be converted to INR before the payment is accepted. Currency conversion charges may apply based on your credit card policy.

Your payment card will be debited for your order on the day we send you the formal order confirmation.

All products and information displayed on EVMS MOBILE mobile application constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered.

We have made every effort to display as accurately as possible the specifications of our products/services that appear on the app.

Moreover, it is hereby clarified that CP Plus is not held liable for any refund obligations involved therein for which the payment is not successfully credited to the account of CP Plus by CC Avenue or any other payment service provider. Any and all such refund, payment charges, card charges, expenses involved, including interest etc. shall be managed by the third party service provider i.e. payment gateway service rendered - CC Avenue or any other payment service provider.

Communication Policy

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

Use of CP PLUS EVMS MOBILE

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

Prohibited Conduct

By accessing or using the CP PLUS Services, you agree not to:

Termination: Agreement Violations

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

Disclaimer: No Warranties

In no event, CP PLUS or its Directors, management, employees, contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the CP PLUS Services, or any reference site/app/platform/service; or (iv) Your use or inability to use the CP PLUS Services, (including any and all materials) or any reference sites/app/platform/service, even if CP PLUS or a CP PLUS authorized representative has been advised of the possibility of such damages. In no event, CP PLUS, directors, employees, agents will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the CP PLUS Services, or any reference site/app/platform/service; or (iv) Your use or inability to use the CP PLUS services (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with CP PLUS, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the CP PLUS Service giving rise to the cause of action, or beyond or in excess Rs.2,500, whichever is less. You acknowledge and agree that CP PLUS has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and CP PLUS, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and CP PLUS. CP PLUS would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, CP PLUS’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold CP PLUS , its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the CP PLUS Services; (ii) any violation by you of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by you herein. CP PLUS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CP PLUS, including rights to settle, and you agree to cooperate with CP PLUS ’s defense and settlement of these claims. CP PLUS will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Ownership: Proprietary Rights

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

Modification of this Agreement

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

Notice

CP PLUS may provide You with notices and communications by e-mail, SMS, regular mail or postings on the CP PLUS EVMS MOBILE or by any other reasonable means. Except as otherwise set forth herein, notice to CP PLUS must be sent by courier or registered mail to CP PLUS A-12`, Sector-4, NOIDA, Uttar Pradesh 201301, India.

Waiver

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

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any CP PLUS Service, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. All such disputes shall be referred to the courts having the Delhi Jurisdiction only. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

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

Severability

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

Survival

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

Headings

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

Entire Agreement

This Agreement is the entire agreement between you and CP PLUS relating to the subject matter hereof and this Agreement will not be modified except by a change to this.

  翻译: