A mobile App called OutGo and a website called outgo.co (hereinafter to be called as the "the said platform"). The said platform has a distinctive feature which can connect service providers and their customers via search nearby services, reminders, offers, listings of products and payment facilities. OutGo is not selling/rendering any of these Products/Services. OutGo does not act as express or implied agent of the Service Providers/the owners of the Products vis-a-vis the Customers.
OutGo is merely facilitating the payment by its Customers by providing the Payment Gateway Services.
Currently there is no annual charge but OutGo holds the right to apply the annual membership prices in future. Service Provider agrees that the use of the service provided shall be at their sole risk to the fullest extent permitted by law, OutGO platform, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service. There is no warrantee, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service of OutGo Platform or any hyperlinked website or featured in any user status submission or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between second party and their customer. OutGO platform will also be not responsible for any illegal activities or illegal transactions done by the service provider or its customers.
Service Provider needs to notify the list of services made available by. OutGo will have the sole authority to decide/change/modify and monitor services being offered/made available to their consumers/subscribers/customers.
The Service Provider shall solely be responsible for the discussion that the Service Provider may have from their mobile and other devices. Further Service Provider must notify Outgo team immediately of any breach of security or unauthorized use. Although Outgo will not be liable for the losses caused by any unauthorized use of the account of the Service Provider.
This relationship is on a principal to principal basis. Each party shall perform its respective obligations under the agreement as an independent Party and as such shall have and maintain exclusive control over all its own employees, agents, sub-contractors and operations. Nothing herein contained shall constitute or deemed to constitute any agency or partnership in applicable law between or amongst any of the parties to the agreement shall therefore act or hold itself out as agent or partner of any other party hereto.
The Service Provider shall solely be responsible to pay for any domain name, sms pack used and other customised software requirements to deliver their services
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by the Service Provider to any third party.
It is stated that whatever payment received from the end subscriber after the deduction of certain commission on the same shall be transferred to the Service Provider according to RBI norms. Further the OutGo states that, in an adverse situation the payment window to transfer the fund received from the subscriber shall 7 days in totality.
OutGo platform is not responsible for any service not delivered even after payment is made by the end subscriber. If the end subscriber wish to take any refund, the service provider will refund the payment if it was released to him already. OutGo will not be responsible for ant chargeback policy and fines related to it.
Payment for the customized solutions, will be paid by the service providers, 50% in advance and 50% after the full work is delivered. Once the product is delivered, no refunds will be provided to the service provider.
We take reasonable precaution to protect personal information from misuse, loss and unauthorized access. We have physical, electronic and procedural safeguards in place to protect personal information.
OutGo transactions are governed by a reputed payment gateway provider; with a combination of best practices, leading technology and human intelligence, the reputed payment gateway provider F.R.I.S.K. engine provides an unprecedented level of risk detection and helps assess each transaction against a negative database collected over a decade and is verified over 150 variables like high risk global IP address verification, BIN number mapping, Keystroke speed recording etc. reputed payment gateway provider uses the most powerful VeriSign secure socket layer (SSL) for encrypting customer data during transmission.
On the contrary if the said data is leaked by any of the customers of the party of the Service Providers then in such situation the OutGo Payment Solutions Pvt. Ltd will not be held responsible/liable for leaking/spreading/ distributing the said data.
In order to access and use the features of the Service, Service Provider acknowledges and agrees that they will have to provide the OutGo with its' Customer information as per the requirements mutually agreeable format. Service Providers have obligation to notify any changes in the previously agreed terms and conditions regarding products/services offered or in the fees charged for them.
The OutGo platform is a "best effort service" that uses a combination of terrestrial networks, mobile networks, cloud servers, third party services and products. However all reasonable efforts in programming and cloud based server dimensioning will be made to continually improve perception of quality of services to the Service Provider and its customers, subscribers without any notice. Party agrees to review the policy periodically so that they are aware of any modifications.
The platform itself may change its form and medium over time to add new features and/or enhance existing ones and reasonable attempts would be made to inform the Service Provider and its customers / subscribers before a service is changed or enhanced. By using the said platform, the Service Provider agrees to comply to the terms and conditions of these services as well. These include, and are not limited to, Payment Gateway, Web hosting services, Messaging services, third part products and components.
OutGo reserves the complete right to display any new products/services offered or rendered by the Service Providers or to reject the previous one without any prior notice.
Either party may terminate the agreement by notice in writing to the other party in case of a court order, decree or in the event of the breach of material obligations.
If the agreement terminates OutGo may by notice require the Service Providers to return all confidential information which may have been provided by OutGo as a platform or on behalf of its users within 30 days from receipt of such notice.Any code , data or database structure will not be shared with the Service Provider. In case of customized solution provided, we will share the java class files to the service Provider, as rest of the work is common to all service providers, OutGo will not share any data regarding it.
The agreement shall be governed by the laws of India and shall be subjected to the jurisdictions of court in Pune alone.
In the case of any dispute or claim arising out of or in connection with or relating to the agreement, or the breach, termination or invalidity hereof; the parties shall attempt to first resolve such dispute through mediation. If the dispute is still not resolved and after 30 days of one party having served a written notice on the other party(ies) requesting the commencements of the discussions, then any party may submit the dispute to be finally settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996 as may be amended from time to time.to be held at Pune. Arbitration shall be conducted as follows:
i) Parties undertake and agree that all arbitral proceedings conducted with reference to this clause shall be kept strictly confidential and all information disclosed in the course of such arbitral proceedings shall be used solely for the purpose of those proceedings.
ii) If the parties cannot agree on a sole arbitrator, then the dispute shall be referred to a panel of three arbitrators. The parties shall appoint one arbitrator each and the two arbitrators so appointed shall mutually appoint the third arbitrator to complete the panel.
iii) The arbitrator shall have all the power, including without limitation, power to give interim relief to the extent appropriate.
iv) The arbitration award given, by the arbitrators, shall be final and binding on the parties and parties agree to act accordingly.
v) The arbitrator may award to a party that substantially prevails on the merits, its cost and reasonable expenses (including reasonable fees of its counsel).
vi) Judgment upon the award rendered may be entered in any court having jurisdiction, or application may be made to such court for a judicial recognition of the award or an order of enforcement etc. thereof, as the case may be.
vii) Notwithstanding the foregoing, nothing in the agreement shall be deemed to limit the party's right to seek interim injunctive relief in a court of jurisdiction.
