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Terms & Conditions
1.0 GENERAL
The following terms and conditions will apply if You (Consumer/User of the website) wish to use the online bill payment service/other services offered through this website i.e.www.gescom.co.in also referred to as the GESCOM Consumers Web Self Service (WSS) Portal. Please go through the conditions carefully and if you accept them, you may register and transact on the site. Please note that once you register yourself on the GESCOM WSS site, you are deemed to have agreed to the terms and conditions set forth below. If You do not agree with all these or any of the terms and conditions, you must not transact on this Website. Once you have clicked/checked the 'I Agree' buttons/checkbox, you have been deemed to have entered into a formal agreement with GESCOM for the purpose of transactions on this website.
BGESCOM performance of this agreement is subject to existing laws and legal processes of Govt. Of India, and nothing contained in this agreement is in derogation of GESCOMs right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by GESCOM with respect to such use. You agree that GESCOM may provide details of your use of the Web Site to regulators or police or to any other third party, or in order to resolve disputes or complaints which relate to the Website, at GESCOMs complete discretion.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the Consumer and GESCOM with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Consumer and GESCOM with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This agreement is made between: GESCOM (Us) and The User (You), the Consumer, whose details are set out in the User Registration page.
By registering on this website/using the website the consumer/user agrees to comply with all the rules/provisions set out in the Conditions of Supply of Electricity of Distribution Licensee in the state of Karnataka as amended from time to time and the Electricity Tariff as revised/amended from time to time and all other applicable laws.
We agree to provide online payment facilities/raising service related requests/ registering complaints related to bills/No power supply to registered users who agree to the terms and condition set forth in this document.
We will supply the service to you with reasonable care and skill.
GESCOM makes no guarantee that any service (s) on the website will be uninterrupted, timely, secure or error-free.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
2.0 Consumer Obligations:
It shall be the obligation of the consumer to register the Account IDs belonging to yourself/in your name only. You shall access our website only for lawful purposes and you shall be responsible for complying with all applicable laws, statutes and regulations in connection with the use of our website. This Website is for your personal and non-commercial use. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this Website. You shall not create a hypertext link to the Website or "frame" the Website, except with the express advance written permission of GESCOM.
3.0 Consumer Responsibility:
You confirm to us that you are 18 years of age or above and have the legal capacity to enter into this Agreement with us and that all information you provide in respect of your use of the service is true and accurate to the best of your knowledge and belief. You are responsible for the security of your password and for all transactions undertaken using your password through our service. You confirm that you are the authorized holder of the credit card/Debit Card or the original account holder used in the transactions you make using the website and you alone use the "ID" and "password" you have created in the site. GESCOM will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for making transactions/payments on this site.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time. The receipts for the payments made online are issued in good faith/subject to credit of the amounts to GESCOM Account/consumer honours the payments for the transactions carried out on the website. In case of any delay in realizing the payments/ crediting of the amounts to GESCOM Account /or reversal of the payments at the instance of the consumer or consumer s bank account or mobile service provider (in case of mobile based payments), the consumer s installation is liable for disconnection as per the prevailing rules.
4.0 Limitation of Liability:
We shall not be liable to you save as expressly provided for in these terms and conditions and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise arising out of the use of the service or connection to the website. To the maximum extent permitted by law, GESCOM and/or its respective suppliers hereby disclaims all warranties, terms and conditions with regard to this information, products and services including all implied warranties, terms and conditions, by statute, collaterally or otherwise, title and non- infringement in no event, shall GESCOM and/or its Associates/Business Partners be liable for any loss of profit, loss of opportunity, loss of business, loss of revenue, wasted time, wasted costs, indirect, incidental, special or consequential loss arising out of, or in any way connected with the use of this Website or with the delay or inability to use this Website or for any information, products and services obtained through this Website or otherwise arising out of the use of this website whether based on contract, tort, strict liability or otherwise, even if GESCOM or any of its associates/Business partners have been advised of the possibility of damages.
5.0 Force Majeure:
We shall not be liable to you in respect of any delay in performance of these terms and conditions or delay in performance or breach of the terms and conditions due to any event or circumstances beyond our reasonable control.
6.0 Governing Law:
Indian Law govern this Agreement and your use of the website. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Gulbarga, Karnataka State, India in all disputes arising out of or relating to the use of the GESCOM Services through this website. Use of the GESCOM website/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
7.0 Entire Agreement:
This Agreement including any document referred to herein constitute the entire agreement between us and you in respect of your use of this service.
8.0 Third Party Rights:
Nothing in this Agreement shall be taken as granting any rights expressly or implicitly whether contractual or statutory to persons other than you or us. No part of this site shall be reproduced in any form whether electronically or otherwise without the prior consent of GESCOM. Other than temporarily in the course of using the GESCOM service or to keep a record of transactions entered into using the service. All rights not expressly granted herein are reserved.
9.0 Disclaimer:
The users shall make payments towards/against their own accounts and GESCOM will not be responsible for any wrong payment due to entering of the wrong Account ID or wrong/excess amounts. The refund of the excess/wrong payments will be subject to the conditions relating there to (Ref clause 52 of the FAQ).
10.0 Termination Rights:
We may at any time at our sole discretion and without giving any reason or any prior notice terminate or temporarily suspend your access to all or any part of the website.