These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your”) and Network People Services Technologies Ltd. [(NPST) (“we,” “us” or “our”) (formerly known as Network People Services Technologies Pvt. Ltd.)] a company incorporated under the laws of India, concerning your access to and use of “TimePay Smart Society” Mobile App and website www.timepayonline.com. You agree that by accessing the services of “TimePay Smart Society”, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING TIMEPAY SMART SOCIETY MOBILE APP AND WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

These Terms of Use shall be read in conjunction with combined “Terms of Use -TimePay”. Supplemental terms and conditions or documents that may be posted on “TimePay Smart Society” from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of “TimePay Smart Society” after the date such revised Terms of Use are posted.

In the event of a conflict between these Terms of Use and any other terms governing the relation between the parties, combined “TimePay -Terms of Use” shall prevail.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The services of “TimePay Smart Society” are available only to persons who are competent to enter into a legally binding contract under the Indian Contract Act, 1872. Persons who are incompetent to enter into a contract under the Indian Contract Act,1872, including un-discharged solvents, minors (under the age of 18 years), etc. are not eligible for the services provided under “TimePay Smart Society” and hence shall not register as user or transact on “TimePay Smart Society”.

Any person using the Services and/or the Indirect Services on behalf of a proprietor/ partnership/ firm/ company, Society, represents and warrants that it is duly authorized to accept these Terms of Use and the Policies by the User and that such person has the authority to bind the User to these Terms of Use and the Policies.

‘TimePay Smart Society’ is mobile application built for smooth operations of Co-operative Housing Societies. The application has been built with highly secured banking platform. The application delivers comprehensive solution to Society Operators (Chairman, Treasurer, Secretary, Facility Management Company, Managing committee, Chattered Accountants), Merchant/ Service Providers (Doorstep vendors, Local merchants, Property agents) and Society Members. The application not only help the Society Authorisers/ Managers for proper functioning of their day-to-day activities within the society but also keep a track of the changes. The application enabling enhanced user experience, convenience and security for Society Members.

To avail the services of “TimePay Smart Society” Mobile App You shall be required to register with “TimePay Smart Society”. You agree to keep your passcode confidential and will be responsible for all use of your account and passcode.

By using “TimePay Smart Society”, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;(3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor ( below the age of 18); (5) You are not barred or otherwise legally prohibited from accessing or using “TimePay Smart Society” under the laws of India (5) you will not access “TimePay Smart Society” through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use “TimePay Smart Society” for any illegal or unauthorized purpose; and (7) your use of “TimePay Smart Society” will not violate any applicable laws or regulations.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of “TimePay Smart Society” (or any portion thereof).

“TimePay Smart Society” offers various services to Society Operators, Service Providers and Society Members. The services offered by “TimePay Smart Society” including, but not limited to Society Data Process & Operation, Mobile Application to Members, Portal access to society, Automating Maintenance Process, Helpdesk, Event Notification, Document process and operation, Collection & Payments, Accounting Operation, Security Operation, Parking, and Payments for service providers, etc. These services are provided by Network People Services Technologies Ltd. (NPST) under its brand name “TimePay Smart Society”. The terms ‘NPST’ and “TimePay Smart Society” have been used interchangeably.

The Society undertakes to exercise reasonable skill, care and diligence in the duties entrusted to it, which include but not limited to:

In consideration of on-boarding/registration of Society and availing services of on TimePay Smart Society App, Society shall be required to pay to NPST as and by way of Society on-boarding/registration and service availing charges (non-refundable) as mentioned in Proposal submitted to Society.

We care about data privacy and security. Please review our Privacy Policy at http://www.timepayonline.com. By using “TimePay Smart Society”, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

These Terms of Use shall remain in full force and effect while you use “TimePay Smart Society”. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of “TimePay Smart Society” (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in “TimePay Smart Society” or delete any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

TIMEPAY SMART SOCIETY’S SERVICES AND PRODUCTS IS PROVIDED ON AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF TIMEPAY SMART SOCIETY AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IN CONNECTION WITH TIMEPAY SMART SOCIETY AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

You acknowledges and accepts that TimePay Smart Society’s services may not be uninterrupted or error free.

In no event will we or our directors, employees, partners or affiliates be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of TimePay Smart Society Mobile App or inability to use, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we have been advised of the possibility of such damages. Notwithstanding anything stated under these terms of use, the liability of NPST to you from any cause whatsoever shall not in any event exceed the sum equivalent to the preceding one year’s charges received by NPST from you for providing services under ‘TimePay Smart Society’ from the date of occurrence of such liability.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, Directors and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of “TimePay Smart Society” mobile app or Web Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; ( 4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of “TimePay Smart Society” mobile app or Website with whom you connected via “TimePay Smart Society” mobile app or Web Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

By creating an Account with “TimePay Smart Society” the user agrees that “TimePay Smart Society” on its own or third parties may send you informational and Promotional text messages (SMS), e-mail notifications or such other means of communication as part of the normal business operation of your use of the Services. We may send you text messages (SMS), e-mail notifications or such other means of communication to advertise “TimePay Smart Society” Services or our third Party Provider’s Services, promote new products and services, to obtain your valuable feedback, send surveys to understand your experience with our Services and your needs and requirements. You may opt-out of receiving text (SMS) messages or e-mail notification from “TimePay Smart Society” at any time by sending an email to support@timepayonline.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages or e-mail notification may impact your use of the Services.

You can send messages or chat via “TimePay Smart Society”. You are responsible for any communication made by you with other Users. “TimePay Smart Society” merely provides the platform for you and other Users to communicate with each other (Chat or Communication Platform) and is not responsible for any conversation between the Users. You must ensure that no illegal, unlawful or unauthorized communication is delivered through “TimePay Smart Society”. You agree not to make any offers, promotions or advertisements to other Users directly through the Communication Platform. “TimePay Smart Society” reserves the right to suspend or terminate your use of “TimePay Smart Society” Services, in whole or in part, in the event of any communication that is not in compliance with TimePay Policies or these Terms of Use. “TimePay Smart Society” reserves the right to collect, store, use, read your communications with intention to serve you better and to know your needs and requirements.

These Terms of Use and your use of “TimePay Smart Society” mobile app or the website are governed by and construed in accordance with the laws of India and courts in Mumbai, India only shall have jurisdiction over any dispute arising out of or relating to these Terms of Use, and each party hereby consents to the jurisdiction and venue of such courts.

Each of the Parties agrees that, if any dispute(s) or difference(s) shall arise between the Parties in connection with or arising out of these Terms of Use, the Parties shall attempt, for a period of 30 (thirty) days from the receipt of a notice from the other Party of the existence of a dispute(s), to settle such dispute(s) by mutual discussions between the Parties. If the said dispute(s) cannot be settled by mutual discussions within the thirty-day period provided above, either Party may refer the matter to a sole arbitrator to be mutually appointed in accordance with the Arbitration and Conciliation Act, 1996 and any amendments thereof. The arbitration proceedings shall be held under the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in English language at Mumbai. The courts at Mumbai shall have the exclusive jurisdiction over any disputes relating to the subject matter of these Terms of Use.

These Terms of Use and any policies or operating rules posted by us on “TimePay Smart Society” mobile app or Web site or in respect to “TimePay Smart Society” mobile app or Web site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of “TimePay Smart Society” mobile app or Web site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. “TimePay Smart Society” shall not be liable for its failure to perform under these Terms of Use as a result of any event of force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of “TimePay Smart Society”.