Introduction and Terms of Use
Last Updated: March 22nd, 2021

The terms and conditions contained hereinafter ("TERMS OF USE") shall apply to the use of the website www.bestisoconsultant.com and any other linked pages, products, features, content or application services in connection therewith, offered from time to time by Bargoti Services Private Limited ("Bargoti Services" or "WE" or "OUR" or "US") (collectively, "WEBSITE").

Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website ("SERVICES")) (hereinafter referred to as a "USER", "SELLER", "YOU" or "CLIENT") shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately put up on the Website) and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms of Use). These Terms of Use, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the Client and Bargoti Services. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Bargoti Services for other services.

For the purpose of these Terms of Use, wherever the context so requires, the term "Client" shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.

It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the Client.

The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the Client. The latest Terms of Use will be posted here. Any such changes by Bargoti Services will be effective immediately. By continuing to use this Website or to access the Services / usage of our Services after changes are made, you agree to be bound by the revised/ amended Terms of Use and such amendments shall supersede all other terms of use previously accepted by the Client. You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction.

Provision of the Services being offered by Bargoti Services

Subject to these Terms of Use, Refund Policy, KYC Policy, Disputes and Grievance Redressal Policy and Privacy Policy (collectively, "POLICIES").

Bargoti Services is constantly evolving in order to provide the best possible experience and information to its Clients. You acknowledge and agree that the form and nature of the Services which Bargoti Services provides may change from time to time without any prior notice to you.

As part of this continuing process, you acknowledge and agree that Bargoti Services may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Clients generally at Bargoti Services sole discretion, without any prior notice. You may stop using the Services at any point of time. You do not need to specifically inform Bargoti Services when you stop using the Services.

Bargoti Services reserves the right to delete your information stored in your account including but not limited to all or any personal information or any sensitive personal data or information stored. Alternately, a Client may notify us if they do not wish that we retain or use the personal information by contacting the Grievance Officer (as provided below). However, in such a case, we may not be able to provide you some or all of our Services.

Use of the Services by Client

In order to access certain Services, you may be required to fill and application form with Bargoti Services by providing information about yourself (such as identification or contact details) as part of the registration process ("REGISTRATION DATA") for the Services, or as part of your continued use of the Services. You agree that any Registration Data you give to Bargoti Services will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is in violation of applicable law or not in accordance with the Terms of Use (whether wholly or in part), we reserve the right to reject your registration and/ or indefinitely suspend or terminate your application. Further, you agree to indemnify and keep us indemnified from and against all claims resulting from the use of any detail/ information/ Registration Data that you post and/ or supply to us. We shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior intimation to you.

Notwithstanding anything else contained in any other agreement involving you and Bargoti Services and/ or any other third party, in order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.

You agree and understand that Bargoti Services reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Website, you are requested to immediately contact our Grievance officer.

You agree to use the Services only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree to use the data owned by Bargoti Services (as available on the Website) only for personal purposes and not for any commercial use unless agreed to by Bargoti Services in writing.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this Website.

You agree that you are solely responsible for (and that Bargoti Services has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Bargoti Services may suffer) of any such breach. You further agree to the use of your data by us in accordance with the Privacy Policy.

Eligibility

Any person who is above eighteen (18) years of age and competent to contract under the applicable laws is eligible to access or visit the Website or avail the Services displayed therein. Your use or access of the Website shall be treated as your representation that you are competent to contract and if you are registering as a business entity, then you represent and warrant that you have the authority to bind such business entity to the Terms of Use. Without generality of the foregoing, use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872 and any amendments thereto. The Client represents and warrants that it will be financially responsible for all of Clients usage (including the purchase of any Service) and access of the Website. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.

Content in the Services

For the purposes of these Terms of Use, the term "CONTENT" includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services.

Bargoti Services reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

Bargoti Services reserves the right to moderate, publish, re-publish, and use all Client generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. Bargoti Services is not liable to pay royalty to any Client for re-publishing any content across any of its platforms.

You agree that you are solely responsible for (and that Bargoti Services has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Bargoti Services may suffer) by doing so.

Compliance with anti-bribery and anti-corruption laws

Client agrees and unconditionally undertakes to comply with all applicable commercial and public anti-bribery and anti-corruption laws (including but not limited to the provisions of Foreign Corrupt Practices Act, 1977, UK Bribery Act, 2010, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto) which prohibit the Client, its/ his/ her officials, representatives, agents or any other person associated with or acting on behalf of such Client from giving, offering, promising to offer, receiving/ accepting or acting in any other manner so as to induce a payment, gift, hospitality or anything of value (either directly or indirectly) whether from within the country or from abroad to government officials, publics servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties or office bearers thereof or any other third party or person in order to obtain an improper commercial/business advantage of any kind. Government Officials include any government employee, candidate for public office, an employee of government - owned or government -- controlled companies, public international organisation and political parties. Client also agrees not to give, offer, pay, promise or authorise to give or pay, directly or through any other person, anything of value to anybody for the purpose of inducing or rewarding any favourable action or influencing a decision in favour of the Client.

Exclusion of Warranties

Nothing in these Terms of Use, including this paragraph, shall exclude or limit your warranty or liability for losses unless they are excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. Bargoti Services disclaims any implied warranty for Services and any use thereof.You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis.

Indemnity

The client shall indemnify and hold Bargoti Services, its subsidiaries, affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with Bargoti Services in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:

Fraud, negligence and willful misconduct by the Client in the use of the Services; Violation of applicable laws in the use of the Services and/ or in the conduct of the business of the Client, including but not limited to the legal provisions mentioned hereinabove; Breach of the Client's confidentiality obligations under these Terms of Use; Disputes raised by a Client's customer in relation to a transaction where such dispute is not attributable to the Services; Penalties, fines, charges, or any other actions as a result of breach or violation of any the Cleitn's representations and warranties; and Fines, penalties and charges imposed by the Acquiring Bank, Card Payment Networks or any Governmental Authority on account of transactions on the Clent's website or platform that are in violation of applicable law.

Confidentiality

The Client may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to Bargoti Services and its affiliates, marketing prospects, contractors, officers, directors or shareholders, personal data of customers of the Client, financial and operational information, billing records, business model and reports, computer systems and modules, secure websites, reporting systems, marketing strategies, operational plans, proprietary systems and procedures, trade secrets and other similar proprietary information, including technical "know-how", methods of operation, business methodologies, any other information not generally available to the public, and any items in any form in writing or oral, clearly identified as confidential ("CONFIDENTIAL INFORMATION").

The Client shall keep Confidential Information in confidence. The Client shall use commercial, reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of the Confidential Information from public disclosure, and the Client shall at all times maintain appropriate measures to protect the security and integrity of the Confidential Information. The Client shall not, without Bargoti Services's prior written consent, divulge any of the Confidential Information to any third party other than the Client's officers, employees, agents or representatives who have a need to know for the purposes of these Terms of Use. The Client shall take all reasonable steps to ensure that all of its directors, managers, officers, employees, agents, independent contractors or other representatives comply with this paragraph 12 whenever they are in possession of Confidential Information as part of this Agreement. The Client shall use the Confidential Information solely in furtherance of and in connection with the Services contemplated under these Terms of Use. The Client further agrees that the Confidential Information will not be used by him/ her and his/ her representatives, in any way detrimental to the interests of Bargoti Services.

The Client shall notify Bargoti Services immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach. The client will cooperate with Bargoti Services in every reasonable way to help Bargoti Services regain possession of such Confidential Information and prevent its further unauthorized use.

Authorisation

By accepting these Terms of Use, you authorise us to hold, receive, disburse and settle application on your behalf.

Settlements

In consideration of the Services rendered by us, you shall pay certification fee ("FEE"). Bargoti Services reserves the right to revise the Fee periodically and will intimate you of any such change within reasonable time. Bargoti Services reserves the right to levy additional fees on transactions undertaken through corporate cards. This additional fee shall at least be 2% (one percent) of transaction amount, over and above applicable credit card fees. On receipt of the payments in the nodal account, we will endeavour to instruct the nodal bank to transmit the payments payable to the seller, after deducting our Fee, from the nodal account to the seller's designated bank account, within 3 (three) bank working days from completion of transaction. Subject to any other provisions of these Terms of Use and completion of transaction, the seller acknowledges that we will settle the payments only upon actual receipt of payments in the nodal account and upon reconciliation of the payments by the Acquiring Banks, our payment gateway and the nodal bank. The seller will bear and be responsible and liable for the payment of all relevant taxes in relation to the payments made under these Terms of Use.

In respect of invoices received by the Client, it is agreed that if the client pays over applicable taxes under the Indian Income Tax laws and furnishes to us the TRACES certificate in respect of such taxes paid, then we shall reimburse to the Client, on a quarterly basis, the amount in respect of such taxes paid.

Transaction Disputes

Transactions may be disputed anytime within up to 15 (fifteen) days, from the date of transaction by a buyer, as per the Card Payment Network Rules. Disputes resolved in favour of a buyer may result in reversal of payment to such buyer ("CHARGEBACK"). In the event of rejection/ suspension of payments to the seller, chargebacks, refunds and/or any other dispute relating to the transactions contemplated under these Terms of Use ("DISPUTED TRANSACTION"), on any grounds whatsoever, we will forthwith notify the seller of the same.

Technical Issues & Delivery Policy

In case of any technical issues, please emailing us at bargoti.services@gmail.com to let us know of the same. We endeavour to deliver Service to you within 15 (fifteen) working days of bank approval, failing which you can terminate a transaction related to Service at any time and get a full refund.

Governing Law, Settlement of Disputes and Jurisdiction

These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The Client agree that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought EXCLUSIVELY in the competent courts/ tribunals having jurisdiction in Delhi, India and the Clients irrevocably submit themselves to the jurisdiction of such courts/ tribunals.

Privacy

YOUR PRIVACY IS EXTREMELY IMPORTANT TO US. UPON ACCEPTANCE OF THESE TERMS OF USE YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND UNEQUIVOCALLY ACCEPTED OUR POLICIES, INCLUDING THE PROVISIONS OF OUR PRIVACY POLICY.

Complaints and Regulatory and Customer Grievance Redressal

Any complaints or concerns in relation to your Personal Information or content of this Website or any dispute or breach of confidentiality or any proprietary rights of Client during use of the Website or any intellectual property of any Client should be immediately informed to the Grievance Officer at the co-ordinates mentioned below in writing.

Grievance Officer

Neeraj Bargoti

Bargoti Services Pvt. Ltd. 17, New R Block, Anand Vihar, Uttam Nagar, New Delhi - 110059, India

Ph. 9810049360

Email: bargoti.services@gmail.com