Under no circumstances shall Only desi be held liable for any losses, delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Terms and Conditions for “Only Desi Postpaid Services”
Fastinfo legal Services Pvt. Ltd (hereinafter called “Only Desi ", a company having its corporate office at Kariwala Tower, J1-5, 8TH Floor, Block EP, Sector 5, Salt Lake city, Kolkata-700091 is providing the Postpaid Facility to you through Only Desi Platform.
The access to the Only Desi Platform and/or the availing of Only Desi Postpaid Services is only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the “Only Desi” Platform and/or the Only Desi Postpaid Services.
It is hereby clarified that it shall provide the Only Desi Postpaid Services to only those user(s) who are both competent to enter into legally binding contracts, as provided above, and also qualify as per the internal policies for the same determined solely by Only Desi from time to time (“Only Desi” Postpaid User(s)”/ “You”/ “Your”). Only Desi shall have the sole right to change, modify, add or remove, in whole or in part, its internal policy(s) in relation to the provision of the Only Desi Postpaid, at any time without any prior written notice or intimation to the Only Postpaid User(s) and Fastinfo shall have the right not to entertain any requests in relation to the same, from the Only Desi Postpaid Users towards such Only Desi Postpaid Services, without assigning any reason.
2. The Only Desi Postpaid User is required to expressly acknowledge and accept the Postpaid T&Cs for enrolling/availing/registering for the Only Desi Postpaid Services. Accordingly, in the event a user is not already registered with Fastinfo in relation to the other services rendered by Fastinfo or does not have a Only Desi Account (defined below), the user expressly agrees and acknowledges to create an account on the Only Desi Platform (“Only Desi Account”), in order to avail the Only Desi Postpaid Service.
3. In case of loss/theft/misuse of the phone/ Only Desi Postpaid Facility, it must be reported immediately Only Desi through the Platform on the Only Desi customer care. Only Desi will assist by suspending the Only Desi Postpaid Facility. The Only Desi Postpaid Users are advised to file an FIR with the local police station so that the Only Desi Postpaid User can produce its copy whenever requested by the customer care executive of Only Desi.
SUBMISSION OF PERSONAL INFORMATION
You agree that the personal information such as name, address, contact number and any other information forming part of personal information and sensitive personal data or information as defined in the Information Technology Act, 2000 and rules framed under it (“Personal Information”) provided to Only Desi upon registration and at the time of availing the Only Desi Postpaid Services and at all other times shall be true, accurate, current and complete. You agree to maintain and update the Personal Information and to keep the Personal Information true, accurate and complete.
If You provide any Personal Information that is untrue, inaccurate, not current or complete, Only Desi reserve the right to suspend or terminate the Only Desi Postpaid Account. It is hereby clarified that Fastinfo and Only Desi shall not be liable in any manner whatsoever for any loss or damage incurred by a Only Desi Postpaid User or any dispute initiated by or against a Postpaid User, due any untrue, inaccurate, not current or incomplete Personal Information provided by such Only Desi Postpaid User.
Only Desi reserves the right to use the Data collected from the Only Desi Users in group of Companies.
You further agree that such Personal Information shall be displayed, automatically or otherwise, upon logging into Your Only Desi Postpaid Account and/or initiating any transaction on Only Desi Platform. Please note that Your information, including Personal Information and information required to provide Only Desi Postpaid Service, is readily available on the Only Desi Platform and only viewable by You by logging on to the Only Desi Platform.
It may be noted that Fastinfo will handles all such information including Personal Information in accordance with the provisions of the applicable laws as may be applicable from time to time and only for the duration lawfully required, there under.
You hereby specifically agree that You shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, byelaws and notifications made there under.
You hereby authorize Fastinfo to request for additional information/documentation, at any time, in order to verify that the information provided by You is accurate and complete. In order to allow Your continued and uninterrupted use of the OD Postpaid Services, Fastinfo shall request from time to time, for additional information/documentation from You.
You hereby authorize Fastinfo and Only Desi to collect, store and use the Personal Information provided by You in relation to the business.
Only Desi Postpaid Services are used for getting the Lead of the customers . Only Desi is an online platform for providing Lead services which form part of the Services. while using Services and you acknowledge, agree and note that Only Desi shall not be responsible for the content transmitted through the Services and (b) not use the Services in any manner and or transmit anything using Services, which violates any Compliance Requirements or is likely or violate any Compliance Requirements or prejudices social or national interest.
You shall intimate Only Desi about change of address, if any, in writing within one week of such change along with such proof, as may be deemed necessary by Only Desi.
No Legal Proceeding without Recourse to Arbitration:
The Parties shall not Commence Legal Proceedings or have any receiver appointed over the Services without first referring the matter before arbitration.
In connection with the aforesaid arbitration Proceedings, only the Jurisdiction of West Bengal to entertain and try all actions and Proceedings.