The Terms and Conditions contained herein form a binding Contract regulating your use of Bluwaves Internet Services India Private Limited. These Terms and Conditions shall apply in conjunction with the Terms and Conditions laid down in the CAF signed between You and Bluwaves Internet Services India Private Limited herein after called “Bluwaves”. Terms not defined herein shall bear the meaning assigned to them under the CRF. Your usage of this section will be deemed an acceptance of the terms existing at the time of such usage.
1. "This Section" means the ‘My Account’ and/or ‘Bill Pay’ section of the official Bluwaves website: www.bluwaves.net. "Bluwaves transaction ID" means the Bluwaves transaction ID Number generated at the time of making online payment(s), including online payment(s) through credit card/ net banking account(s) in this section, as indicated in the online receipt(s) for your online payment(s). "You/ Your” means and includes the Customer (as defined in the CRF) and/or any person authorized by the Customer, using or accessing the services provided in this section.
2. You represent and warrant that you are competent and eligible to enter into a legally binding Contract. You shall not use this section if you are not competent to enter into contract under the applicable laws.
3. In order to use this section, online registration is required. You must be a Customer and/or a person authorized by the Customer in order to register. The information you provide in the CRF must be complete and accurate. Bluwaves reserves the right at all times to disclose any information as Bluwaves deems necessary to satisfy any applicable law, regulation, legal process, or Governmental request.
4. You shall take all necessary precautions to prevent unauthorised and illegal use of this section and/or the Bluwaves official website.
5. The facility for online payment(s) through credit card/ net banking account(s) is available for select credit cards and net banking account(s) only.
6. This section is programmed to log out automatically. Bluwaves shall not be responsible or liable for any loss/damage caused by reason of such disconnection.
7. When making any online payment(s) through your credit card/ net banking account(s), You will be redirected to the Payment Gateway page. The Payment Gateway will redirect You to other website(s) maintained or controlled by third party(ies) (the “non- Bluwaves website(s)”). Bluwaves does not control the non-“Bluwaves” website(s) and is not responsible for any transactions on the non- “Bluwaves” website(s). Bluwaves is not responsible for, shall have no liability for and disclaims all warranties whatsoever expressed or implied related to the non-“Bluwaves” website, including without limitation any warranties related to performance, security, stability, or non-infringement of the title of the non-“Bluwaves” website(s) and website content or any controls downloaded from the non- Bluwaves website.
8. You are requested to use the Bluwaves transaction ID only for all queries made to the Bluwaves helpline regarding online payment(s) made through your credit card/ net banking account(s).
9. Bluwaves shall not be responsible and/or liable in any manner for the online payment(s) made by You through your credit card/ net banking account(s). Bluwaves shall not be liable if payment is refused or declined by the concerned Bank/credit card or net banking account supplier either due to incorrect card details or other reasons. Bluwaves shall not be responsible for authentication of your credit card/ net banking account details.
10. Your registered account and/or bill account will be credited with the amount entered by You at the time of making the transaction through your credit card/ net banking account(s) in this section. Any incidental or ancillary expenses charged by the Bank/ credit card or net banking account supplier will not be credited to Your registered account and/or bill account. For the sake of clarity, if You select amount of Rs.1,000 at the time of transacting for due payment of Your registered account and/or bill account, Your registered account and/or bill account will be credited with an amount of Rs.1,000 only, irrespective of any transaction charges levied by Your Bank, if any.
11. Bluwaves shall not be responsible for any issues pertaining to the online payment(s) made by You through Your credit card/ net banking account(s) including but not limited to, excess charges charged by the Bank/ credit card or net banking account supplier, double debit to the credit card account, invalid card details, authentication of card details and ancillary/ incidental charges for the transaction. You are requested to communicate all grievances related to such issues to Your Bank/ credit card or net banking account supplier. The Bluwaves helpline will not entertain or address any such grievances or issues.
12. If the Bank/ credit card or net banking account supplier declines payment, Bluwaves shall be under no obligation to bring this fact to Your attention. You should check with your Bank/ credit card or net banking account supplier, that payment has been deducted from your account.
13. You agree, understand and confirm that the credit card/ net banking account details provided by you for availing of services will be correct and accurate and you shall not use the credit card/net banking account which is not lawfully owned by You.
14. You understand, declare and agree that Bluwaves shall not and is not required to mediate or resolve any dispute or disagreement between You and the Bank/ credit card or net banking account supplier.
15. Bluwaves shall not be liable for any payment(s) not reaching the intended registered account due to Your quoting an incorrect customer ID/username.
16. Bluwaves accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
17. No refund shall be payable to You under any circumstances including cancellation for any of the tariff plans, that You have subscribed to.
18. Bluwaves reserves the right at any time and/or from time to time, without giving or being required to give any reason or prior notice modify or discontinue, temporarily or permanently, the access to this section and remove and discard the contents.
19. Bluwaves reserves the right to make changes to the Terms and Conditions without any prior notification to You therefore You are advised to check these regularly. You can read the latest version of the Terms and Conditions by clicking on the “Terms & Conditions” link provided on each page of this section.
20. Limitation of Liability In no event shall Bluwaves be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use or performance of the Bluwaves websites/ this section/ services or for interrupted communications, delay, lost data or monetary losses arising out of or in connection with this agreement. This clause shall survive the termination or expiry of this Contract.Liability of Bluwaves to you in all events under any applicable law whatsoever for all loss or damage arising out of your use of this section shall be limited to the value of any amount you have paid to Bluwaves for your use of this section.
21. This Agreement is governed and construed in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Gurgaon, in all disputes arising out of or relating to the use of this section.
22. Every Transaction Reversal would attract Transaction Reversal Charges as levied by the Payment Gateway Service Provider.