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Terms and Conditions Between User (You/Your/User) and  DraftSpotting Technology Private Limited (“Spotdraft”, “Company”) for eStamp Procurement Services

 

Please read these Terms and Conditions (“Terms”) carefully. By checking the box, You confirm that You have read, understood, and agree to be bound by our Terms and Conditions for using the eStamp Payment Gateway. Please review these terms carefully before proceeding. If You disagree with any part of these Terms, please refrain from using our services

 

These Terms govern Your ("User"/"You") use of the services provided by  DraftSpotting Technology Private Limited ("Company") for procuring eStamps through the third-party Payment Gateway used to process Payments for such services. 

 

  1. Acceptance of Terms
    By using Company's eStamp services, You agree to comply with these Terms and any other applicable laws. You also agree to be bound by the terms of service of the Payment Gateway used for processing Payments. 

  2. Definitions

    1. eStamp: An electronic version of government-issued stamp paper used to pay stamp duty on legal documents. It serves as proof of Payment and is required for various legal transactions.

    2. Payment Gateway: A third-party service provider used by Company to process Payments for the procurement of eStamps. This provider may have its terms and conditions that You must accept to use the Payment services.

    3. Payment: Any amount received by the Company through a Payment Gateway to procure e-stamps.

    4. Service Fee: The convenience fee payable to Company by the User for stamp procurement and management including but not limited to scanning, uploading, and courier services.

    5. Platform Fees: These are the fees charged by the Payment Gateway for processing the transaction. This shall be paid in percentage based on the total transaction amount or a fixed fee.

    6. Total Fees: The total amount charged to the User for the e-stamp procurement service, including but not limited to the stamp duty, Service Fees, Platform Fees and any other applicable charges.

  3.  Use of the Payment Gateway for eStamp Services

    1. eStamp Procurement: Company offers a platform for Users to procure eStamps for contracts. Payments for such services are processed via a Payment Gateway.

    2. Limitation of Company's Responsibility: Payment Gateway operates independently without any contract of the Company. The Company is not responsible for any Payment issues, including transaction failures or processing errors that may occur with the Payment Gateway. All Payment-related issues should be directed to the Payment Gateway.

    3. Security: Company takes reasonable precautions to protect Your personal information. However, Company is not responsible for any data breaches or security issues caused by the Payment Gateway. 

  4. Payment and Fees

    1. Payment Methods: You agree to pay all applicable fees associated with the eStamp services via the Payment Gateway. Payment can be made using a credit card, debit card, net banking, or other available methods as specified on the Payment Gateway.

    2. Payment Processing: The Payment Gateway is responsible for securely processing Payments. Company is not responsible for any Payment processing failures, errors, or issues that arise with the Payment Gateway.

    3. Fees: The applicable Total Fees for eStamp services will be displayed at the time of Payment. Company reserves the right to change the fee structure at any time.

    4. GST and Invoices: A GST invoice will be issued only for the fees retained by Company.

    5. Refunds: Refunds for Payments made via the Payment Gateway are subject to  Cancellation and Refund Policy mentioned below.

  5. User Responsibilities: By using the Payment Gateway for eStamp procurement service, You agree to:

    1. Accurate Information: Provide accurate and complete information to process Payments and procure eStamps.

    2. Authorized Payments: Ensure that You have the legal authority to use the Payment method for the transaction.

    3. Compliance with Laws: Ensure that eStamps are used only for lawful purposes and in compliance with applicable legal requirements, including those under the respective State Stamp Act.

  6. No Lawyer-Client Relationship

    1. The use of Company's eStamp services does not establish a lawyer-client relationship. Company is not a law firm and does not offer legal advice. The services provided are solely for the procurement of eStamps for legal documents.

  1. Refunds and Cancellation: 

    1. No Refunds on Stamp Duty: Once a Payment for stamp duty has been processed and an eStamp is issued, it cannot be modified, cancelled, or refunded under any circumstances.

    2. User Errors: Company is not responsible for errors made by Users in the information submitted while procuring the eStamp. User shall be responsible for the accuracy of the information.

    3. Duplicate Payments: In the event of a duplicate Payment, You should contact Company at estamp@spotdraft.com with proof of the excess Payment (transaction reference number and bank statement). Company will investigate and, if applicable, issue a refund for the duplicate Payment, minus any applicable Platform Fees.

    4. Refund Policy: If a refund is deemed appropriate, it will be processed to Your original Payment method within 5-7 business days, by excluding any applicable Service Fees and Platform Fees.
       

  2. Termination of Access

    1. Company reserves the right to suspend or terminate Your access to the Payment Gateway at its discretion, without notice, if it believes You have violated any of these Terms.

  1. Limitation of Liability

    1. Company is not liable for any direct, indirect, incidental, special, or consequential damages arising from Your use of the Payment Gateway or the eStamp services, including any loss of data, failure of service, or financial losses resulting from Payment processing issues.

  1. Indemnification

    1. You agree to indemnify and hold harmless Company, its affiliates, agents, employees, and the Payment Gateway from any claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from Your use of the Payment Gateway and eStamp services or Your breach of these Terms.

  1. Privacy and Data Protection

    1. Company is committed to protecting your privacy. By using the Payment Gateway, You consent to the collection, storage, and processing of Your personal details in accordance with Company’s Privacy Policy.

  1. Governing Law and Dispute Resolution

    1. These Terms shall be governed by and construed under the laws of India, without regard to its conflict of laws provisions. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Bengaluru.

  1. Force Majeure

    1. Company shall not be liable for any delay or failure in performing any of its obligations under this Terms if such delay or failure is caused by circumstances outside the reasonable control of the Company concerned including but not limited to act of God, fire, act of government or state, war, commotion, insurrection, embargo, epidemic, pandemic, natural calamity, labor disputes of whatever nature or any other reason beyond its reasonable control.

  1. Modification of Terms

    1. Company reserves the right to modify or update these Terms at any time. Any changes will be updated on the platform and will be effective immediately upon updating. Your continued use of the Payment Gateway services after any changes will constitute Your acceptance of the modified Terms.

  1. Contact Information

    1. If You have any questions or concerns regarding these Terms and Conditions, please contact Company at: Email: estamp@spotdraft.com  

 

By using the Payment Gateway for eStamp services, You acknowledge that You have read, understood, and agree to be bound by these Terms and Conditions.