Terms & Conditions

Please read the following terms and conditions policy carefully before registering, accessing, browsing, downloading, or using any of the platforms (Website) owned and operated by M/S CHAPERONE.

M/S CHAPERONE having their registered office at F-262, First Floor, Sushant Lok Phase-III, Sector-57, Gurgaon, Haryana, India 122003 has developed a website available at www.CHAPERONE.com named "CHAPERONE" (hereafter referred to as the "Platform/ Website"). These terms and conditions will be enforceable to the same extent as the terms of a Physical contract and apply to all visitors, users, buyers/ sellers, and others who access or use the services provided by us through our application/website. Our users ("you", "your", "yours") agree and acknowledge that you have read the terms and conditions set forth below. If you disagree with any part of these terms and conditions or do not wish to be bound by these terms and conditions, you may not access the Services and/or terminate the Services immediately.

You agree and acknowledge that you have read the terms and conditions set forth below. If you disagree with any part of these terms and conditions or do not wish to be bound by these terms and conditions, you may not access the Services and/or terminate the Services immediately.

Defination

• "WE", "OUR", and "US" refer to the CHAPERONE.
• "YOU", "YOUR", and "USER" refer to any Non-registered individual or corporate body, or Registered user of the CHAPERONE.
• "Website" refers to http://www.chaperoneco.com, which is Registered by Chaperone Plants Pvt. Ltd, and Used as a medium to inform and communicate with users about the services and goods provided by the CHAPERONE entities.
• "Application" refers to the mobile application Owned and managed by the CHAPERONE entities, For providing services/products to users including merchants and service providers.
• "Entities" means the group, affiliates, associates, and subsidiaries of Chaperone Plants Pvt. Ltd..
• "Merchant" refers to a dealer Accepting UPI-based payments from its customers, Toward the sale of goods and services by such merchant.
• "Services" includes all services extended or to be extended by the CHAPERONE and and its affiliated entity as a group, including but not limited to Pre-Paid Instruments,Gift cards,Payment gateway,And other services.
• "Service Providers" refers to any individual or group of individuals defined under law,Whose services are used by buyers to provide the intended services through the CHAPERONE application/website.
• "Products" means Items listed on the CHAPERONE website, Available for users to purchase via the website or application.
• "Authorisation" means approval of a transaction by an issuing bank.
• "Account" refers to a bank account in the name of the payer or beneficiary,Maintained with an issuing or beneficiary bank,Linked to the UPI ID used in a transaction.
• "Transaction" refers to any electronic financial transaction undertaken using/purchasing from CHAPERONE services or goods.
• "Processing Mechanism" refers to the payment methods via internet or other modes as notified by CHAPERONE, including but not limited to Immediate Payment Service (IMPS),National Electronic Funds Transfer (NEFT),Real Time Gross Settlement (RTGS),Unified Payment Interface (UPI).
• "UPI" means Unified Payment Interface — a system that Connects multiple bank accounts into a single payment network,Enables fund routing and merchant payments via one platform.
• "Terms of Use" or "Terms and Conditions" Are used interchangeably and carry the same meaning

Eligibility

By accessing and using the services/goods purchased from our application/website, you expressly acknowledge and agree that:

• You are a legal person of 18 years of age or above.
• You are capable of entering into a contract / legally binding agreement.
• You, your employees, representatives, and agents accessing our services have the right, authority, and capability to enter into this Agreement and abide by all provisions of the “Terms of Use” of the CHAPERONE application/website.
• You are not barred or otherwise legally prohibited from accessing or using the services of the CHAPERONE application/website under the laws of India.
• You are not impersonating any person or entity, nor falsely stating your age or affiliation with any person or entity.
• The mandatory information and officially valid document(s) (OVD) provided by you are true, correct, and belong to you.
• You are using the CHAPERONE Services only while physically located in India, including at the time of registration, linking to any CHAPERONE offering, or processing/undertaking a transaction.
• In the event of any violation of the terms and conditions, we reserve the right to suspend or permanently prevent You from availing of the CHAPERONE Services/purchasing anything from the CHAPERONE or using the CHAPERONE application/website.

Scope

You understand that the application/website is a platform that facilitates Transactions (pay and collect Transactions) and other features available on the application/website such as UPI Payments, Bill Pay, UPI ATM, etc. which are offered by third-party. The CHAPERONE application/website has been developed and is the owner of certain software that enables processing payment services and Transactions through a Processing Mechanism for automated acceptance of payments. The CHAPERONE Services includes a dashboard service, an API service, and such other value-added services as may be notified by us from time to time at its sole discretion.The scope of our Services, including the terms of use, is subject to amendments from time to time, which shall be notified to you upon any material amendments being implemented. Without prejudice to the generality of the foregoing, CHAPERONE shall be entitled to undertake enhancements for customer experience and transaction security at its absolute discretion. For the avoidance of any doubt, it is clarified that enhancements may also be optimization procedures, both manual and machine learning-based, for different modes of payments to improve payment performance.You undertake not to access or attempt to access the CHAPERONECHAPERONE Services by any means other than through the interface that is provided by us and in the manner permitted thereby

Use of Services through the application/website

You acknowledge and agree to the terms of use of our Services provided on the CHAPERONE application/website. To avail of the services through the CHAPERONE application/website, you will have to sign up and register yourself on the application/website by creating an account ("User Account") by submitting the details as may be required. When you register to open your User Account or during a financial transaction, you agree to provide certain personal information and personal sensitive information about/related to you which may include without limitation personal information such as name, e-mail address, mobile number, mobile device information, geographical location, passwords, financial information, and other relevant details. You further agree to use your data by The CHAPERONE Privacy Policy.

• This account allows you to access The CHAPERONE website, browse through the CHAPERONE Products/Services, and make payments using a debit card, credit card, or net banking collectively known as (‘Payment Gateway Services’) to permissible merchants on the CHAPERONE application/website.
• You would need to register by providing additional information in order to make payment via Unified Payment Interface ("UPI") and Pre-Paid Instruments ("PPI") services to make payments to merchants using these modes of payments.
• Allows you to share and maintain the Know Your Customer "KYC" details and information for underwriting purposes for other financial and non-financial products available on our application/website as Services.
• UPI Payments (Unified Payment Interface) enabled on the application/website allows you to request for transfer or collection of funds and or respond to fund collection requests for any of your Accounts linked to your VPA, through the application/website. In case of a collect request received in the App, the User needs to check the details of the collect request before authorizing the Transaction by entering the UPI PIN on the application/website. The availability of UPI Payments also depends on the availability or downtime of UPI services at or systems of, the Issuing Bank and or Beneficiary Bank.
• Merchant Payments enables You to access merchant applications/websites within the CHAPERONE application/website and use the CHAPERONE or any other Payment Instruments provided by such merchants.
• E-Wallets enable You to use another authorized Payment Instrument (PPI) to make payments for goods and services on the CHAPERONE application/website.
• Offers and cashback schemes may be provided by the CHAPERONE application/website or any third parties such as Me
• In case of a collect request received on the App, you must review the request details before authorizing the transaction by entering your UPI PIN.
• The availability of UPI Payments is subject to the availability or downtime of UPI services from the Issuing Bank or the Beneficiary Bank.
• Merchant Payments enable you to access merchant applications/websites within the CHAPERONE platform.
• You may use CHAPERONE or any other authorized Payment Instruments provided by such merchants.
• E-Wallets enable you to use authorized Pre-Paid Instruments (PPI) to make payments for goods and services on the CHAPERONE application/website.
• Offers and cashback schemes may be provided by the CHAPERONE application/website or by third-party partners such as Me.

Third- Party Terms & Conditions

You agree that any web link on the application/website to a third-party site, platforms, content, services, and or products (collectively called "Third-Party Site") does not constitute or imply endorsement by, or affiliation with, the CHAPERONE of that Third-Party Site, including its operator or its contents, services and/or offerings. By using or browsing any such other web link/site, you shall be subject to the terms and conditions in each such web link at your own risk. The CHAPERONE does not hold any liability for the information collected from You by third-party website/link or application and We cannot indemnify You for any third-party actions. For daycare services rendered by the CHAPERONE, in case of loss/damage or death of the plant during service, the CHAPERONE shall compensate in monetary terms for the plant lost. The cost shall be reimbursed within 14 working days only after the client has submitted the evidence of the cost of the plant to CHAPERONE in case the plant is an exotic plant. If the plant that is lost/dead is available in the CHAPERONE database then the monetary compensation shall be paid as per the price mentioned on the CHAPERONE’s server. While rendering the above-mentioned services, The CHAPERONE is liable in any case for loss/damage or death of the plant during transit or otherwise.

Communication

By accepting the Terms and Conditions, you also agree to the following:

• We may communicate with you on the contact information that you may have provided to Us during the course of your engagement, including but not limited to signup, transacting, or availing any third-party products or services on the CHAPERONE application/website.
• We will make our best efforts to provide communication alerts via emails SMS push notifications or other progressive technology.
• You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your Phone being switched off, incorrect email address, and network interruptions.
• You agree not to hold us liable for non-delivery for any alert or any loss suffered by you due to delay distortion or failure of communication.
• You further acknowledge that you are responsible for the information and contact details shared with Us and shall update us on any change in your contact details. You authorize Us to contact you and communicate with you for any of our Services. We may use third-party service providers to send alerts or communicate with you.
• You authorize the CHAPERONE application/website to override the DND settings to reach out to you over calls, SMS, emails, and any other mode of communication

Intellectual Property Rights

You agree that all materials, products, and services provided on the application/website including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights and are the property of _____ and its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You further agree that you will not reproduce, republish, upload, post, transmit, distribute, or redistribute the _____ intellectual property in any way, including electronic, digital, or new trademark registrations. All those Intellectual Property rights arising as a result of domain names, the internet, or any other right available under applicable law shall vest in the domain of the CHAPERONE application/website as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession, and Our control or control of its licensors as the case may be

You understand that without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by ____ or its third-party licensors without prior written consent

Indemnification

You agree to indemnify, defend, and hold harmless _____ its affiliates, employees, officers, directors, owners, licensee, and partners from and against all actions, claims, liabilities, damages, losses, costs, expenses, or fees including without limitation legal fees and expenses, arising out of, or in connection with;

• Your breach of this Terms of Use, Privacy Policy, and other Policies, or
• Your violation of any applicable law, rules, or regulations or the rights including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions, or other rights.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us. This clause shall survive the expiry or termination of these Terms

Limitation of Liability

In no event will ______ or its contractors, agents, licensors, partners, or suppliers be liable for any indirect, consequential, incidental, special, or punitive damages, including without limitation damages for loss of business opportunities, loss of profits or revenues, business interruption, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising out of or relating to this agreement, use of or inability to use the Services or any reference website/link or application.

Modifications of these terms & conditions

Our Terms and Conditions Policy is subject to change from time to time without notice. We may change, modify, remove, or add to these terms and conditions at our sole discretion, at any time without providing prior notice to you. It is strongly recommended that you periodically review our terms and conditions and keep yourself updated with any changes or modifications made herein as available on the Application/Website. Your continued use of the application/website and the Features following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
You shall be deemed to have accepted our changed, revised, or modified Terms and conditions if you continue to use the application/website avail of our Services, or purchase products from the application/website post changes, revisions, or modifications in this policy, and the last changed, revised, or modified Privacy Policy shall be applicable to you.

Termination

You agree that the CHAPERONE application/website at its sole discretion may terminate, suspend, restrict, or modify your user account, registration with, or access to all parts of the application/website, without prior notice, at any time and for any reason. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities We determine that You have violated the terms of use and You agree that in case we suffer losses, not limited to monetary losses, due to Your actions, we can take injunctive relief or any other legal action as deemed necessary within the said circumstances and we are not liable for any loss to You due to termination. Upon termination for any reason, you agree to delete or deactivate the User account and immediately stop using the CHAPERONE services/website/application.

Force Majure

The term "force majeure" as used herein means acts of God, acts of government, acts of terrorism, strikes, lockouts, or other industrial disturbances, acts of a public enemy, blockades, wars, insurrections, or riots, terrorism, epidemics, landslides, fires, storms, floods, explosions, technological failures, breaches, hacks, system vulnerabilities or incompatibilities, or other similar causes beyond the control of such party. Notwithstanding anything to the contrary contained herein, ______ shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control.

MISCELLANEOUS

By accepting these terms and conditions, you accept the following;

• Cooperation- You acknowledge that your timely provision of access to your systems and various devices, as well as assistance, processes, cooperation, complete and accurate information and data from your officers, agents, and employees, and suitably configured hardware and software, are essential to the performance of any CHAPERONE Services. You shall allow us to audit and inspect business processes followed by you related to CHAPERONE Services, application/website, and suggest suitable changes thereto.
• Independent contractors- Nothing in these Terms and Conditions shall be deemed to constitute either Party a partner, agent, or legal representative of the other Party, or to create any fiduciary relationship between the Parties. The Gardener provided under Gardener Services is an employee of the CHAPERONE and not an independent contractor.
• Severability- The Parties intend that in case any one or more of the provisions contained in these Terms and Conditions shall be held to be invalid or unenforceable in any respect, such provision shall be modified to the extent necessary to render it, as modified, valid and enforceable under applicable laws and such invalidity or unenforceability shall not affect other provisions of these Terms and Conditions.
• Notices- Notices to be issued pursuant to these Terms and Conditions shall be delivered to the registered address of the relevant Party as first mentioned herein, or such other address as may be notified by the relevant Party.
• Waiver- The failure of the CHAPERONE application/website to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision. Any waiver of any provision of these terms and conditions will be effective only if in writing and signed by us.

DISPUTE, GOVERNING LAW, & JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of India. All dispute, controversy, or claim in relation to any CHAPERONE Products/Services or application/website, including any question regarding the existence, validity, or termination of these terms and conditions (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. You agree that any claim or dispute You may have against _____ must be resolved by a court having jurisdiction in Haryana, India. The appropriate courts and forums in Haryana, India shall have exclusive jurisdiction in any proceedings arising out of the use of the application/website and these Terms. _____ may, however, in its absolute discretion commence any legal action or proceedings arising out of these Terms in any other court, tribunal, or another appropriate forum, and you hereby consent to that jurisdiction.