Bidbatl Technolgy Solutions Private Limited (the “Company”) operates a web and
mobile application, “PaperDRS” and “PaperDRS App” (the
“App”) available on Google Play Store and other similar platforms and also operates
a website
https://www.paperdrs.com/
(the
“Website”) . The App and the Website shall be together referred to as the
“Platform”. These terms and conditions (“Terms”) govern the use of or
access to the Platform and the Services (as defined below).
These Terms constitute a binding and enforceable legal contract between the Company and a
User (as defined below) or any end user of the Services (collectively,
“you”). You represent and warrant that you (a) have full legal capacity and
authority to agree and bind yourself to these Terms, (b) are 18 (eighteen) years of age or
older, and (c) are an Indian resident. If you represent an entity, organization, or any other
legal person, you confirm and represent that you have the necessary power and authority to bind
such entity, organization, or legal person to these Terms.
These Terms also include our privacy policy, available at (“Privacy Policy”) and
any internal guidelines, supplementary terms, policies, or disclaimers made available or issued
by us from time to time. By continuing to access or use the Platform, or any Service on the
Platform, you signify your acceptance of the Terms. Further, you understand that the Platform is
intended for the use of Indian residents only and by your continuing access and/use of the
Platform shall be construed as a deemed declaration that you are an Indian resident.
The Company reserves the right to make changes to these Terms by posting the new/updated
version and your continued use and/or non-deletion of the Platform shall indicate your agreement
to such changes. Accordingly, we encourage you to kindly continue to review the Terms whenever
accessing or using the Platform so as to be abreast with the changes that we may be carrying out
to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these
Terms, and that you comply with the requirements listed herein. If you do not agree to all of
these Terms or comply with the requirements herein, please do not access the Platform or use the
Services.
The Platform (i) provides an online digital platform to record and verify ledger transactions
and provide access to multiple individuals digitally on a real-time basis. Wherein the users
(“Users”), can record their ledger entries with their respective customers and
(ii) also allows Users to register payment cash and bank in digital records and share receipt
vouchers with customers. For the purposes of this clause, Services would include any other
future services the Company provides/proposes to provide.
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To avail the Services, a User would be required to create a
profile/sign-up on the Platform (“Profile”) using his/her email ID and phone
number among other details. In addition to setting up username and password to create the
Profile, the User will be required to furnish certain details, including but not limited to
phone numbers and details of its customers and businesses. The User warrants that all
information furnished in connection with its Profile is and shall remain accurate and true
in all respects. The User further agrees and undertakes to promptly update its details on
the Platform or provide information of the same to the company in the event of any change or
modification of such details.
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The User is solely responsible for maintaining the security and
confidentiality of its username and password and agrees to immediately notify the Company in
writing at
cybercell@paperdrs.com
of any disclosure or unauthorized use of its Profile or any other
breach of security with respect to its Profile.
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The User expressly agrees to be liable and accountable for all
activities that take place through its Profile in furtherance of the use of Service or
otherwise. The Company expressly excludes any liability for any unauthorized access to a
User’s Profile.
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The User agrees to receive communications from the Company regarding:
(i) information relating to transactions recorded on the Platform; (ii) requests for
payment; (iii) information about the Company and the Services; (iv) promotional offers and
services from the Company and its third party partners, and (v) any other matter in relation
to the Services.
- KNOW YOUR CUSTOMER POLICY
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The Company may require Users to upload certain information and documents that may be
necessary to ascertain their eligibility to use certain features of the Services including
but not limited to their identification documents (“KYC Documents”).
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The User hereby authorizes the Company and any third-party service
provider it may engage with or interact with in connection with using the Platform to
process KYC Documents and ascertain the User’s eligibility. Any processing undertaken
by the Company shall be in accordance with its Privacy Policy and these Terms. It is hereby
clarified that as far as the permission of the KYC Documents by a third-party service
provider is concerned, the same shall be governed by the privacy policy of such third party
service provider.
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The User agrees that it may be required to submit additional documents
as and when required by the Company or any of its third party service providers and if, in
such an event, any additional information, data, or documentation is required (collectively,
“Top-Up Documents”), the User hereby agrees to share such Top-Up Documents
promptly upon request, and further, authorizes the Company to process such Top-Up Documents.
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The User agrees and warrants to provide valid, true, complete, and
up-to-date KYC Documents and Top-Up Documents. The User further acknowledges that any
incorrect or misleading information provided shall constitute a material breach of these
Terms, and the User’s access to certain features of the Services may be limited or
denied in such event.
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The list of the KYC Documents and Top-Up Documents may be provided to the User at the
time of creating the Profile/signing-up or at a later stage.
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The Users may upload information relating to ledger transactions with
their customers or relating to their businesses, including the Invoice, CN/DN, other
adjustments, cash payment, bank payment, on the Platform (such information is referred to as
“Transaction Information”). Transaction Information may be exchanged between the
Users and their customers through telephonic calls, text message, WhatsApp, email, or other
electronic mediums that would depend on the contact details of Users and their customers
provided on the Platform.
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At the time of creating or uploading the first Transaction Information
with respect to their customers, the User shall inform such customers of its use of the
Platform to record such Transaction Information and Transaction Information related to
future transactions and seek such customer’s express consent in this regard and
to:
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The creation of a profile of the customer on the Platform, which will
require sharing such customer’s phone number and contact details with the
Company;
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receive communications from the Company regarding: (A) information
relating to their transactions recorded on the Platform; (B) requests for payment; (C)
information about the Company and the Services; (D) promotional offers and services from the
Company and its third party partners, and (E) any other matter in relation to the Services.
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If such customers fail to provide consent, or withdraw consent, the
User shall immediately cease to use the Services in relation to such customers.
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The User shall be solely responsible for obtaining such consent from
its customers and the Company shall assume that such consent as required under clause 4(b)
above is sought and received by the User if the User provides details of such Transaction
Information relating to any of such customers at any time during the use of the
Platform.
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The Services may include services, content, documents, and information
owned by, licensed to, or otherwise made available by a third party (“Third Party
Services”) or contain links to Third Party Services. Users understand that Third Party
Services are the responsibility of the third party that created or provided it and
acknowledge that use of such Third-Party Services is solely at their own risk.
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The Company makes no representations and hereby expressly excludes all
warranties and liabilities arising out of or pertaining to such Third-Party Services,
including their accuracy or completeness. Further, all intellectual property rights in and
to Third Party Services are the property of the respective third parties.
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The User hereby represents and warrants that all information that is provided by the User
through or in relation to the Services is valid, complete, true, and correct on the date of
agreeing to these Terms and shall continue to be valid, complete, true, and correct throughout
the duration of the User’s use of the Platform. The Company does not accept any
responsibility or liability for any loss or damage the User may suffer or incur if any
information, documentation, material, or data provided to avail the Services is incorrect,
incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
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The User shall be solely responsible for ensuring compliance with applicable laws and shall be
solely liable for any liability that may arise due to a breach of its obligations in this
regard.
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The User shall extend all cooperation to the Company in its defending of any proceedings that
may be initiated against it due to a breach of the User’s obligations or covenants under
these Terms.
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While the Company uses commercially reasonable efforts to provide Users with a daily backup of
their Transaction Information, Users should regularly and independently save, backup, and
archive such Transaction Information.
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The User shall not use the Services in any manner except as expressly permitted in these Terms.
Without limiting the generality of the preceding sentence, the User may not:
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Infringe either directly or indirectly any third-party proprietary rights, including but
not limited to copyrights, patents, trademarks, or trade secrets, of any party;
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except as may be provided hereunder, use in any manner including copying, displaying,
distributing, modifying, publishing, reproducing, storing, transmitting, posting,
translating, creating any derivative works from, or license the Services;
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use the Services to transmit any data or send or upload any material that contains
viruses, trojan horses or any other harmful programmes or similar computer code designed
to adversely affect the operation of any computer software or hardware;
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use any robot, spider, other automated device, or manual process to monitor or copy the
Platform or Services or any portion thereof;
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use the Services in furtherance of / to engage in any activity which may be grossly
harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,
libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful
in any manner whatever; or unlawfully threatening or unlawfully harassing including but
not limited to "indecent representation of women" within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
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engage in the systematic retrieval of content from the Platform or Services to create or
compile, directly or indirectly, a collection, compilation, database or directory; or
- violate applicable laws in any manner.
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Users who are expected to conduct proper research to ensure that the goods and services they
send payment links for are in compliance with all applicable laws and we encourage users to
cross-check before generating payment link for prohibited content may result in the suspension
or removal of user’s account.
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The User shall not use the Services for / in furtherance of any sale or supply of prohibited
products or services including but not limited to:
- sale of regulated goods;
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sale of counterfeit, replicas and pirated goods and goods infringing any intellectual
property rights including pirated recordings or copies of unauthorized copyrighted
materials whether in electronic or physical form or any other medium which may not be in
existence at present;
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sale of tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and
related products;
- sale of liquor or any narcotic drugs and psychotropic substances;
- sale / supply of any good or service which may not be in public interest;
- gambling or other prohibited activities; and
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sale / supply of good or service which results in non-compliance of any applicable law.
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The User shall be solely responsible for compliance with all the applicable laws including
without limitation the Prevention of Money Laundering Act, 2002 and the rules made thereunder.
The Company shall not be responsible for any claims or liability or losses that may arise due to
non-compliance of the anti-money laundering laws in India.
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All rights, title, and interest in and to the Platform and Services, including all intellectual
property rights arising out of the Platform and Services, are owned by or otherwise lawfully
licensed by the Company. Subject to compliance with these Terms, the Company grants the User a
non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited
licence to use the Platform and Services in accordance with these Terms and its written
instructions issued from time to time.
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The User should assume that everything the User sees or reads on the Platform is protected under
the Indian Copyright Act, 1957 and other intellectual property laws of India and may not be used
except with the prior written permission of the Company.
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The Company may freely use, copy, disclose, publish, display, distribute without any payment of
royalty, acknowledgement, prior consent, or any other form of restriction arising out of the
User’s intellectual property rights.
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Except as stated in these Terms, nothing in these Terms should be construed as conferring any
right in or license to the Company’s or any third party’s intellectual rights.
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The contents of this Platform, including but not limited to the text and images herein and their
arrangements, unless otherwise noted, are copyright-protected in the whole and every part of
this Platform and the same belongs to the Company and may not be used, sold, licensed, copied or
reproduced in whole or in part in any manner or form or in or on any media to any person without
the prior written consent of the Company.
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These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
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The Company may terminate a User’s access to or use of the Services, or any portion
thereof, immediately and at any point, at its sole discretion, if the User violates or breaches
any of its obligations, responsibilities, or covenants under these Terms.
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Upon termination these Terms shall terminate, except for those clauses that expressly or are
intended to survive termination or expiry.
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Notwithstanding anything to the contrary contained in the Terms, upon termination of a
User’s access to or use of the Services, all amounts or outstanding monies due by you in
relation to your use of or access to the Services shall become immediately payable.
- DISCLAIMERS AND WARRANTIES
- The use of the Services is at your sole risk.
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You acknowledge and agree that the Company is not engaged in the provision, grant, or
disbursement of any financial product. The Company is not and will not be responsible for any
claim or for any damages suffered, whether by the Users, the customers of the Users or any other
person or party, that are related, directly or indirectly, to or arise out of the same including
any payments made by the User or by the customers of the User using the payment link generated
using the Platform. The User further agrees and undertakes to retain proof of sale documentation
(in electronic or physical form) in connection with each payment link it generates or sends to
customers.
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To the extent permitted by applicable law, the Services are provided on an “as is”
and “as available” basis. The Company does not warrant that operation of the
Services will be uninterrupted or error free or that the functions contained in the Services
will meet your requirements.
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To the fullest extent permissible under applicable law, the Company expressly disclaims all
warranties of any kind, express or implied, arising out of the Services, including warranties of
merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and
non-infringement, compatibility, applicability, usability, appropriateness, and any warranty
that may arise out of course of performance, course of dealing, or usage of trade.
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You hereby accept full responsibility for any consequences that may arise from your use of the
Services, and expressly agree and acknowledge that the Company shall have absolutely no
liability with respect to the same.
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To the fullest extent permissible by law, the Company, its affiliates, and its related parties
each disclaim all liability to you for any loss or damage arising out of or due to:
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your use of, inability to use, or availability or unavailability of the Services,
including any Third Party Services;
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the occurrence or existence of any defect, interruption, or delays in the operation or
transmission of information to, from, or through the Services, communications failure,
theft, destruction or unauthorized access to the Company’s records, programmes,
services, server, or other infrastructure relating to the Services; or
- the failure of the Services to remain operational for any period of time.
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Notwithstanding anything to the contrary contained herein, neither the Company nor any of its
affiliates or related parties shall have any liability to you or any third party for any
indirect, incidental, special or consequential damages or any loss of revenue or profits arising
under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the
Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and
hold harmless the Company, its affiliated and subsidiary companies, its parent companies, and
each of their directors, officers, employees, and agents, from any and all claims, losses,
damages, liabilities, expenses and causes of action arising out of the Services.
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Paperdrs currently is not a payment aggregator or payment gateway-it is enabling payments for
its users via third-party payments service providers. Any charges levied by Paperdrs for usage
are service charges. In case you need an invoice for the charges levied please email to support@paperdrs.com
You shall indemnify, defend at the Company’s option, and hold the Company, its parent
companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors,
employees, directors, agents, and representatives, harmless from and against any claim, demand,
lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without
limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or
arising out of your access to the Services, use of the Services, violation of these Terms or any
infringement by any third party who may use your account with the Company, of these Terms.
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You agree that the Company and any third-party service providers it engages, may, in accordance
with its Privacy Policy, collect and use your information and technical data and related
information.
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The Company may use information and data pertaining to your use of the Services for analytics,
trends’ identification, and purposes of statistics to further enhance the effectiveness
and efficiency of the Platform.
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Subject to applicable laws, the Company may be directed by law enforcement agencies or the
government and related bodies to disclose data in relation to Users in connection with criminal
proceedings. You understand and agree that in such instances, the Company shall have the right
to share such data with relevant agencies or bodies.
You shall maintain the records of all payment transactions on the Platform independently of the
Platform (by way physical copies et cetera) and the Company reserves the right to seek copies of
such records for their own use including record keeping.
The Company reserves the right to charge convenience fee for the Services and non-payment may result
in denial of Services.
The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently,
the Services (or any part thereof) with or without cause. The Company shall not be liable for any
such addition, modification, suspension or discontinuation of the Services.
- JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
These Terms shall be governed by and construed and enforced in accordance with the laws of India.
Subject to other provisions in this Clause, courts in Bangalore shall have exclusive jurisdiction
over all issues arising out of these Terms or the use of the Services.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved
by arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the
time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal
shall consist of 1 (one) arbitrator appointed by the Company. The language of the arbitration shall
be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any
person, other than on a need to basis or to legal advisors, unless required to do so by law. The
decision of the arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
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Modification – The Company reserves the right at any time to modify these Terms and to add
new or additional terms or conditions on use of the Services. Such modifications and additional
terms and conditions will be communicated to you and, unless expressly rejected (in which these
Terms shall terminate), will be effective immediately and will be incorporated into these Terms.
In the event you refuse to accept such changes, these Terms will terminate.
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Severability - If any provision of these Terms is determined by any court or other competent
authority to be unlawful or unenforceable, the other provisions of these Terms will continue in
effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it
were deleted, that part will be deemed to be deleted, and the rest of the provision will
continue in effect (unless that would contradict the clear intention of the clause, in which
case the entirety of the relevant provision will be deemed to be deleted).
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Assignment - You shall not license, sell, transfer or assign your rights, obligations, or
covenants under these Terms in any manner without the Company’s prior written consent. The
Company may grant or withhold this consent in its sole discretion and subject to any conditions
it deems appropriate. The Company may assign its rights to any of its affiliates, subsidiaries,
or parent companies, or to any successor in interest of any business associated with the
Services without any prior notice to you.
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Notices - All notices, requests, demands, and determinations for the Company under these Terms
(other than routine operational communications) shall be sent to feedback@paperdrs.com
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Third Party Rights - No third party shall have any rights to enforce any terms contained herein.
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Translations –The Company may provide you with translated versions of these Terms solely
to assist you with understanding these Terms in greater detail. The English version of these
Terms shall be controlling in all respects. In the event of any inconsistency between the
English version of these Terms and any translated version, the terms of the English version
shall prevail.