FASTagPro : Terms of Service

FASTagPro

'FASTagPro' refers to the computer program capable of processing payments through online payment gateways & subsequentally recharge the related FASTag. 'FASTagPro' also refers to & includes all related services, functionalities and facilities, more colloquially referred to as 'Software'.

SevenM

'SevenM' refers to the legal entity who holds all rights to FASTagPro, its trademarks, servers, presentation formats, business logic. SevenM is the parent company who owns and has developed the software.

Users

'Users' are desiring users who wish to pay for recharging their FASTags. For better understanding, Companies, who pay on behalf of their users will also be treated as Users.

Convenience Fee

'Convenience Fee' is the amount, either expressed in percentage, fixed value or both, which shall be charged up & above the total amount to be recharged online. The Convenience Fee is a combination of charges incurred by SevenM to provide FASTag recharge services including, but not limited to, Payment Processing Charges, OTP & SMS Charges, Server & Server Software Charges, Maintenance Fees, Marketing & Advertising Expenses, Support Personnel Charges, Setup Costs, etc.

For Recharges upto ₹750: ₹15 + 18% GST
For Recharges above ₹750: 2% + 18% GST

SevenM reserves the right to approve, cancel, upgrade or downgrade any user account at its own discretion and choice, without assigning any reason whatsoever to anyone.

• The User is expected to provide correct information while using the service. False / Untru / Misleading information may result in errors, and/or another FASTag account getting recharged, on which SevenM may have no control whatsoever.
• All fees and charges quoted are in Indian Rupees. Payments received in currency other than Indian Rupees (INR) shall be converted to INR at the then prevailing exchange rates.
• SevenM aims to provide best quality services to the Users. However, User experience may depend upon many factors, viz. Internet Connection Speed, System Configuration, etc. No claims for refunds, reimbursements, and/or compensations, either in part or full, shall be entertained owing to poor performance, undesired software behavior, and/or conditions beyond the control of SevenM and/or the User.
• SevenM shall take due care to protect the User's data and shall take all necessary steps to safeguard and ensure proper storage and retrieval of it. However, SevenM will not be responsible or liable to pay for or compensate, in any manner, monetary or otherwise, for any infringement or loss of User's data beyond the Company's control.
• The User is solely responsible for maintaining the confidentiality of their login credentials (Id, Password & OTPs). They are also responsible for all and any activity related to their respective accounts. If the User suspects any unauthorized usage of the software & related services, it's the sole responsibility of the User to notify SevenM immediately for suspension or blocking the said account from further misuse.
• SevenM shall not disclose, sell, hire or lease User's data to any third party. SevenM may however preserve and use the User's information for troubleshooting, data analysis, testing, research and service improvement, promotional & internal operations without any financial and/or non-financial obligations to anybody and without any prior permissions and consent from anybody.
• SevenM may disclose User's information if required to do so by law or if SevenM believes in good faith that such preservation and/or disclosure is reasonably necessary to:
  • comply with the legal process; enforce these terms and conditions of use;
  • respond to claims for any content violating the right/s of third party/parties;
  • protect the rights, property and/or safety of SevenM, its customers or the public in general.
• Except as otherwise provided in these terms of use or expressly permitted by applicable law, the User itself shall not, or authorize any third party to:
  • Reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the software;
  • Rent, lease, or sublicense the software;
  • Resell the software for financial or non-financial gain, including change of product name and/or presentation styles, fonts, color schemes and business logic;
  • Nor circumvent or disable any security or technological features/measures in the software.
• The use of the software is for the business or service of the User or their organization. The User agrees not to use the software or related services to:
  • to transmit any public content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses, and URLs), or any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable
  • Harm minors in any way
  • Impersonate any person or entity, or otherwise misrepresent User's affiliation with a person or entity
  • Transmit content that the User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • Transmit content that infringes any patent, trademark, trade secret, copyright, or other proprietary right (rights) of any other party
  • Transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
  • Interfere with or disrupt the services, site, or servers or networks connected to the software or disobey any requirements, procedures, policies, or regulations of networks connected to the site
  • Intentionally or unintentionally violate any applicable local, state, national or international law, "stalk" or otherwise harass others or collect or store personal data about other Users
  • Frame the software, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages or otherwise affect the display of its pages. This means, among other activities, the User must not engage in the practices of "screen scraping", "database scraping”, or any other activity with the purpose of obtaining lists of Users or other information
• Subject to these terms, SevenM grants the User a limited, personal, non-exclusive, non-transferable license to use the software to the extent the User has the right to use and access related services. SevenM retains all rights, titles and interest in the software and its related services, including all related intellectual property rights. The User shall not own the software source code and/or the trademarks. The software is protected by applicable international intellectual property laws, including international treaties.
• SevenM reserves the right to modify any or all terms & conditions of use at any point of time and in any manner at its sole discretion. The same will be binding on all Users, active or dormant. Any such modification(s) will be effective immediately after posting of such notice. User's continued use of the software or its related services constitutes User's acceptance of such modifications.
• SevenM will exercise no control whatsoever over the content of the information passing through the network. SevenM makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.
• SevenM also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any loss or damages that may be suffered by the User, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the User.
• Use of any information obtained by way of services of SevenM is at the User's own risk and SevenM specifically denies any responsibility for the accuracy or quality of information thus obtained.
• Connection speed represents the speed of internet connection and SevenM does not represent or guarantees the availability of end to end bandwidth.
  SevenM reserves the right to immediately cancel any service account which is causing a disruption of services to its other Users.
• Due notification for account suspension will be sent to the User in advance but, the User remains responsible to keep track of such dates, renewal payments, etc. for continuation of services.

• FASTagPro has multiple payment gateways already integrated within the system, to facilitate collection of fees and other charges from the Users.
• All such fees/payments collected by SevenM shall be processed by, or involve, third party service providers with whom SevenM has prior agreements, to facilitate such services. SevenM reserves the rights to modify, change or alter, remove, add more such third party service providers as per its own discretion and choice.
• All payments collected online shall be processed under secure environment. However, Users are required and expected to take necessary precaution to safeguard their Bank Account details, Credit/Debit/ATM Card details, or any such confidential details from misuse. SevenM shall not be responsible for any loss, monetary or otherwise, incurred due the User's use of his/her Bank Account details and/or Credit/Debit/ATM Card details, or any such confidential details at the FASTagPro payment portal.
• FASTagPro does not store any confidential details, such as Credit/Debit/ATM Card details, or Bank Account details on FASTagPro servers in any manner, either in plain-text or encrypted. All such details are to be provided at the Payment Gateway's page itself.

• SevenM shall provide active support against technical bugs, faults and other issues in the software, if any.
• Issues, out of the purview of working of the Software are not covered under the Service Level Agreement (SLA).
• Support shall be provided via Support Tickets: The User may raise a support ticket at our helpdesk, details of which is available under the ‘Help & Support’ section of FASTagPro. We aim to resolve all tickets within 2 business days.

• "FASTagPro" is the registered Trademark of SevenM, all graphics, logos, page headers, button icons, scripts and service names are Trademarks or Trade dress of SevenM.
• FASTag, FASTag Logo & its trademarks are owned by the NHAI and/or NPCI.

• SevenM may terminate services under this Agreement at any time, without penalty, if the User fails to comply with the terms of this Agreement, including non-payment. SevenM reserves the right to charge a service reinstatement fee at its sole discretion.
• SevenM reserves the right to approve, cancel, upgrade or downgrade any customer account at its own discretion and choice, without assigning any reason whatsoever to anyone.
• Any account, if not in use, or having no payment collected / received online from Users for a period of 1 year, shall be terminated automatically without prior notice.

• The User expressly agrees that use of SevenM’s server is at their own risk. Neither SevenM nor its directors, officers, employees, affiliates, agents, third party information providers, merchants licensors or the like, warrant that SevenM’s server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through SevenM’s Server service, unless otherwise expressly stated in this Agreement.
• Under no circumstances, including negligence, shall SevenM, its directors, officers, agents or anyone else involved in creating, producing or distributing company’s Server service be liable for any direct, indirect, incidental, special or consequential losses or damages that result from the use of or inability to use SevenM’s service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to company’s records, programs or services. The User hereby acknowledges that this paragraph shall apply to all content on company’s service.
• Notwithstanding the above, the User's exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the latest & last amount which the User paid to SevenM under this Agreement.

• The software has a specific purpose of facilitating FASTagrecharge and must be used for the same purpose only. Any account(s) sponsoring any other objective shall be terminated with immediate effect, with reimbursements withheld until legal formalities are complete.
• The User may only use SevenM’s Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
• SevenM specifically denies any involvement or influence in the decisions made by the Govt. Authorities in regard to the fees collection/payment process of the User. 

• The User agrees that it shall defend, indemnify, save and hold SevenM harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against SevenM, its directors, officers, agents, Users and employees that may arise or result from any service provided or performed or agreed to be performed or any product sold by the User, its agents, employees or assigns.
  
  The User agrees to defend, indemnify and hold harmless SevenM against liabilities arising out of the use of company’s server:
  • Any injury to person or property caused by any products sold or otherwise distributed
  • Any material supplied by the User infringing or allegedly infringing on the proprietary rights of a third party
  • Copyright infringement
  • Any defective/sub-standard product/service sold by the User

SevenM Technologies Private Limited collects payments from Users (each, a "User") through fastagpro.com website ("Portal). Such payments are collected for the purpose of recharging the User's FASTag account only.

- Before refunds can be processed, the Customer / User has to mandatorily submit the transaction statement of his/her FASTag account for verification of a failed transaction.

- For all transactions where the balance has been deducted from User's account but the FASTag account could not be recharged / topped-up due to banking errors or the transaction getting reversed, SevenM shall refund the entire amount back to the User's initial mode of payment within 3-7 Business Days, subject to the same is confirmed by our Banking Partners.

- For all transactions where the FASTag account was successfully recharged and/or topped-up, no refunds will be made whatsoever.

- SevenM maintains a database for all transactions either successful or unsuccessful, taking place on the Site.

- All the terms and conditions between the User and SevenM shall be governed by the law of India. By visiting the Site, you agree to the laws. Any dispute of any sort that might arise between the User and SevenM or its affiliates shall be subject to Kolkata jurisdiction only.