|
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.bescom.co.in also referred to as the BESCOM 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 BESCOM 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 BESCOM for the purpose of transactions on this website.
|
|
BESCOM's 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
BESCOM's right to
comply with law enforcement requests or requirements relating to your use of
this Website or
information provided to or gathered by BESCOM with respect to such use. You
agree that
BESCOM 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
BESCOM’s 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superseded by a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 BESCOM with
respect to this Website and it supersedes all prior or contemporaneous
communications and
proposals, whether electronic, oral, or written, between the Consumer and BESCOM
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: BESCOM (“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.
|
|
BESCOM 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 ID’s 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 BESCOM. |
|
|
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. BESCOM 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 BESCOM 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 BESCOM 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, BESCOM 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 BESCOM 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
BESCOM 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 BESCOM Services
through this website.
Use of the BESCOM 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 BESCOM. Other than temporarily in the course of
using the
BESCOM 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 BESCOM 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.
|