The Terms and Conditions Agreement (“Agreement”) as set out herein (“Terms”) constitute an agreement between UtilityX, owned by Altx Internet Private Limited, based in Rajkot, India (“UtilityX”, “we”, “us” or “our”) managing and operating the website bearing the URL: https://utilityx.in/and a natural or legal person who accesses and/or uses our website and/or mobile application (“Platform”) in any manner (“you” or “your” or “User”) or uses any current or future product, service or functionality or offer made available on our website and/or mobile application (“Services”), as updated from time to time.

By using the Platforms you expressly agree to be bound by the Terms of this Agreement. If you do not agree with any of the Terms, please do not use the Platforms. If you have any questions about the terms, please contact us at support@utilityx.in. Please note that your access to the Services, other platforms or utilization of our Products (defined below), offers or promotions in relation to the Products as may be provided by us and/or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Services or utilization of the Product. These Terms govern your use of the Platforms and transaction or dealings thereon.

Welcome to UtilityX, a Software as a Service (SaaS) platform provided by Altx Internet Private Limited. UtilityX offers a comprehensive suite of tools and services designed to streamline and enhance your business operations. With UtilityX, users can access powerful software solutions for processing services such as recharge, dth recharge, and bill payment. Our platform empowers businesses to build customized recharge processing software on a SaaS basis, providing flexibility, efficiency, and reliability. By accessing or using the UtilityX website, you agree to comply with and be bound by the following Terms and Conditions.

For the purposes of these Terms:

• (a) “Platforms” relates to the website having URL: https://utilityx.in/, which may include its corresponding mobile application, any other digital mode and/or operating system as provided by us, wherein you may purchase the Products and includes applications controlled and managed by us which interact with one or more such mobile applications and/or websites and digital modes as provided by us;
• (b) “Product” shall include the comprehensive suite of online services available on the UtilityX platform, including but not limited to recharge processing, dth recharge, bill payments, API integration, customization of portals, server DNS setup, and any other services offered by us for reasonable compensation as reflected in this Agreement and on the website. Details of the Product and the offered services shall be reflected on the UtilityX Platforms and in this Agreement; UtilityX does not provide mobile recharge, DTH recharge, bill payment, domestic money transfer services, or recharge-related API services. UtilityX is software that is used to process all these services.
• (c) We and you are hereinafter individually referred to as “Party”and collectively as “Parties”.

Please read this Agreement carefully to understand the conditions applicable in case of usage of the Platforms and for purchase of the Products thereof.

1. GENERAL
   1. The terms and conditions for usage of the Platforms as set out herein (“Terms and Conditions”) specifically govern your access and use of the Platforms, which provides a forum for you to inter alia enable you to discover, avail our Services, and/or select and buy our Products, as listed on the Platforms, at the indicated price at any time, from the locations serviceable by us, including but not limited to, within the territory of India and/or any other territory as we declare on our Platforms and/or in these Terms and Conditions.
   2. Please note that we may, from time to time, change this Terms and Conditions Agreement that governs your use of the Platforms. Every time you wish to use our Platforms, please check these Terms and Conditions to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platforms or suspend the operation of the Platforms for support or maintenance work, in order to update the content or for any other reason, at any time.
   3. Any accessing, browsing, or otherwise using the Platforms indicates your agreement to these Terms and Conditions, the Privacy Policy, and the Refund Policy of the Platforms and any other policies or guidelines that may be applicable to your usage of the Platforms at the time of your access and usage of the Platforms and which may be updated from time to time.
   4. This document is an electronic record coming under the purview of The India Digital Personal Data Protection Act 2023 (DPDPA) and the Information Technology Act, 2000 and individual state legislation in each state and territory of India, and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Indian legislature. This electronic record is generated by a computer system and does not require any physical or digital signatures and your usage of the Platform or the Services and/or purchasing of the Products deems your acceptance of the terms of this Agreement.
   5. We authorize you to view and access the Platforms solely for identifying our Services, carrying out purchases of our Products and processing returns and refunds. Therefore, we grant you a limited, revocable permission to access and use the Platform provided by us.
   6. We may, from time to time, and at our sole discretion, offer promotions, being exclusive in nature and for a limited period of time, for promoting some of our Products on the Platforms, and during such promotions, we may offer lowered prices for the Product. However, such prices may be changed and/or altered as per our convenience. We may, from time to time, and at our sole discretion, also organize contests and sweepstakes on the Platform and such contests and/or sweepstakes shall have rules and regulations as decided and/or made applicable by us.
   7. By accepting this Agreement, you affirm that you are 18 (eighteen) years of age, or above, in case you are a resident of India, and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement and/or any other age held as the legal age of majority in your country. If a User is below 18 (eighteen) years of age in India and/or any other country with a different age of attaining legal majority, it is assumed that he/she is using and/or browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agreed and/or agrees to the Terms of this Agreement, including terms of purchase of the Products on behalf of the minor User under the age of 18 (eighteen) years in case of India and/or any other country with a different age of attaining legal majority. In the event we are made aware that a User is under the age of 18 (eighteen) years in case of India and/or any other age held as legal majority in the User’s country and is using and/or browsing the Platforms without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such User’s account without further notice. Further, if you are using the Services or purchasing the Products on behalf of a company or an organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
2. REGISTRATION OF YOUR ACCOUNT
   1. In order to access and utilize the services on the UtilityX platform, you must register an account with us. Registration is a one-time process requiring the successful verification of your KYC (Know Your Customer) details, as directed by the Reserve Bank of India (RBI). Upon submission of the necessary forms and details, such as your full name, permanent address, and any other information as required, you will receive an OTP (One Time Password) verification via your email and/or mobile number. Only after completing this verification will you be eligible to access and use our Services or avail our Product.
   2. After the successful completion of the KYC process, Users shall be required to pay a one-time setup cost to activate the Product portal on the Platform. Once activated, Users shall be able to log in to the website having the URL: https://utilityx.in/, using their verified credentials to view the Product information, prices (subject to change at our sole discretion), and book product demos. Although you may explore the platform as a guest, to fully utilize our Products and Services, we will still need to collect necessary personal information through our forms to ensure proper delivery of the Services. Please refer to our Privacy Policy  to understand how we collect, use, and protect your personal and non-personal information.
   3. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of your account login credentials and restrict access to your computer, mobile, or other devices to prevent unauthorized access. You are solely liable for all actions taken through your account and you shall:
      1. Immediately inform us of any unauthorized use of your account or any other security breach;
      2. Ensure that you log out of your account at the end of each session.
   4. UtilityX, including its employees, agents, directors, and officers, will not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions. You may be held liable for any losses incurred by us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Platform, terminate accounts, or remove or edit content, of our Products or Services, at any time without prior notice to you. Therefore, you are advised to regularly check the Platforms and this Agreement to stay informed of any changes or modifications.
3. PRICING
   1. At UtilityX, we believe in transparent and flexible pricing tailored to meet your specific needs. Upon submission of your requirements, we will carefully review your project details to provide an accurate quote. Personalized proposals, suitable for your needs, shall be offered at our sole discretion after proper consultation with you. These proposals will outline the price breakdown, services offered, deliverables, project timeline and any other details, ensuring there are no hidden costs. To access our Products and Services, the User and UtilityX shall enter into a Software as a Service (SaaS) Agreement, which shall be digitally signed between UtilityX and the user. This agreement will outline all the terms and conditions governing the relationship between such user and UtilityX, ensuring a clear understanding of mutual obligations and expectations.
   2. The UtilityX service fee includes a one-time setup cost, add-ons, and monthly maintenance services. Payments for these services can be made on an advance or post-payment basis, as agreed upon in the SaaS Agreement entered between UtilityX and the user. The one-time setup cost shall activate the UtilityX portal service in the User’s account, and the User's brand logo and identity shall be collected for customization purposes.
   3. The monthly maintenance charge for UtilityX service will be generated on the first (1st) day of the following month after the current month ends. Users must pay the maintenance charge by the fifth (5th) of the month; otherwise, the Service or access to the Product shall be suspended.
   4. If the User does not pay the monthly maintenance for three (3) consecutive months, the Service or access to the Product shall be terminated, and all transactions and data generated during the Service period shall be deleted. The one-time setup cost previously paid by the User shall also be considered forfeited.
   5. If the User has not paid the monthly maintenance for two (2) months and wants to resume using the service, they must pay all outstanding maintenance charges for the past months. Additionally, if the User does not want to actively use the Service or avail the Product, they must purchase a standby plan by contacting us at support@utilityx.in to keep their Service or Product access active. Otherwise, their Service or access to the Product shall be terminated.
   6. The Products and Services offered and their respective prices are subject to change at the discretion of UtilityX. Such changes shall be reflected as per your needs and the SaaS Agreement entered into between us. Additionally, we may change our policy related to pricing, and you must review the Platform and this Agreement periodically to stay informed of any updates.
4. COMMUNICATION AND UNSUBSCRIPTION
   1. By accepting the Terms and Conditions of this Agreement, you agree to receive news, updates, offers, and promotional communications from UtilityX to your registered mobile phone number and/or email address. By accessing and using the UtilityX platform and verifying your contact details with us, you explicitly consent to receive such communications through calls, SMS, emails, or other digital and electronic means from us and/or our authorized representatives regarding any new services, products, promotions, changes, updates, or offerings.
   2. You can unsubscribe or opt-out from receiving marketing or promotional communications, newsletters, and other notifications from us at any time. To do so, please follow the instructions provided in such communications or contact our customer support at support@utilityx.in. Our support team will assist you with the unsubscription process promptly.
5. TERMS AND CONDITIONS FOR ONLINE PAYMENT
   1. These terms and conditions apply to the User who uses the Online Payment services provided for any payment made to us. By authorizing a payment to us through the online payment service ("the payment service"), it would be treated as a deemed acceptance of these Terms and Conditions. We reserve all the rights to amend these terms and conditions according to the following key terms:
      1. Payment(s) for the Product on the Platform may only be made via the payment service and/or through any other service as may be informed and reflected on the Platforms and in this Agreement;
      2. It is recommended that the user make necessary enquiry about the charges or fees payable for each transaction made via the payment service.
      3. The information supplied at the time of using the payment service is processed by the online payment gateway provider and is not supplied to us. It is the sole responsibility of the user of the payment service to ensure that all the information entered is correct. It is recommended that you retain a copy of the transaction, which might assist in resolution of any issues that may occur during the transaction.
      4. The User agrees, understands and confirms that his or her personal data including but without limitation, details relating to the payment service information transmitted over the Internet, may be susceptible to misuse, hacking, theft and/or fraud and that we or the payment service have no control over such matters.
      5. The payment service is provided using the payment gateway service of a secured website. However, neither the payment gateway service nor we give any assurance, that the information so provided online by a User is secured and will not be read and/or intercepted by a third party.
      6. We do not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user availing the payment service.
      7. We and/or the payment service providers shall not be liable for any inaccuracy, error or delay in, or omission of:
         1. any data, information or message; or
         2. the transmission or delivery of any such data, information or message; or
         3. any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message.
      8. Under no circumstances shall we and/or the payment service, its employees, directors, and its third party agents involved in processing, delivering or managing the payment services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary damages arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the payment services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or interruption or termination of the payment service.
      9. The User hereby agrees that neither we nor any of our employees shall be held liable by the User for any loss or damages arising from the User’s use of, or reliance upon the information contained on the Platform, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond the reasonable control of us.
      10. The User agrees that the information provided by him or her for use of the aforesaid payment services must be correct and accurate and that the User shall not use an account that is not lawfully owned by him or her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid details.
      11. The User is fully and lawfully entitled to use the account for such transactions and is responsible to ensure that sufficient balance is available in the account at the time of making the payment.
6. RATING AND REVIEW
   1. Your feedback is invaluable to us as we strive to continually improve our Platform, Services and Products. By using our Platform, you agree to the following terms regarding ratings and reviews, being:
      1. Participation in rating and reviewing our Products is voluntary. You are not obligated to provide feedback;
      2. Reviews should reflect your genuine experience with our Products, the Platform and the Services. We encourage honesty and transparency in all feedback provided;
      3. Reviews must adhere to our community guidelines and you refrain from posting any form of offensive, defamatory, or inappropriate content or review which can hurt the sentiments of other users or other third parties;
      4. Reviews may be moderated to ensure compliance with our guidelines and we reserve the right to publish, edit, or remove reviews at our discretion, particularly those deemed defamatory in nature and/or in violation of our policies;
      5. Reviews may be publicly visible on our Platform and may be accessible to other users and by submitting a review, you acknowledge and consent to its potential visibility and/or display to the public;
      6. We may choose to respond to reviews in a professional manner, addressing any concerns or feedback provided. However, we are not obligated to respond to every review;
      7. We may use reviews and ratings for promotional or marketing purposes, provided they are used in accordance with our Privacy Policy and applicable laws;
      8. By submitting a review, you grant us a non-exclusive, perpetual, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content worldwide in any media; and
      9. If you have any concerns regarding a review, please contact us directly at support@utilityx.in to further discuss the issue. We are committed to resolving disputes amicably and in accordance with our Terms and Conditions.
7. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
   1. By accessing and using the UtilityX platform, you acknowledge and agree that your use of the service is at your sole risk. UtilityX, including its employees, agents, directors, and officers, makes no representations or warranties about the accuracy, completeness, or suitability of any information provided on the platform. All information and recommendations are provided on the condition that you will make your own determination as to their suitability for your purpose prior to use or in connection with any decision-making.
   2. We strive to ensure that all information related to pricing, services, products, offerings, or otherwise (hereinafter "Information") provided on the platform is correct at the time of inclusion. However, we do not guarantee the accuracy of the Information and make no representations or warranties as to its completeness or accuracy.
   3. You agree that the Information is supplied on the condition that you will make your own determination of its suitability for your purposes before using it. The use of any Information from the platform must be at your own risk. Neither UtilityX nor its affiliates, officers, employees, or agents will be liable for any loss, damage, or expense arising out of any access to, use of, or reliance upon this website or the Information. Moreover, UtilityX is not responsible for the content of any third-party sites linked to the platform and makes no representations regarding the content or accuracy of material on such sites. Accessing any third-party links is at your own risk and expense, and we bear no liability for the same.
   4. The User must refrain the:
      1. Accessing, storing, disseminating, or transmitting of any content that violates laws, poses harm, threatens, defames, is obscene, infringes, harasses, or exhibits racially or ethnically offensive characteristics.
      2. Facilitates unlawful activities.
      3. Attempt to copy, alter, replicate, derive works from, reverse engineer, or distribute any part of the platform or product descriptions.
      4. Use of the platform to develop a competing product or service or to provide services to third parties.
   5. UtilityX is not responsible for any data loss or financial loss resulting from service compromise or user misconduct. Your use of the Platform and the Services is provided on an "as is" and "where-is" basis without any representations or warranties. We disclaim any liability for any loss, damage, expenses, liabilities, claims, or injuries caused by failures, errors, delays, viruses, unauthorized access, or other issues arising from the use of the Platform.
   6. We reserve the right to alter prices of Product during or after promotions at our sole discretion. The rules and regulations for any contests or sweepstakes are subject to change without prior notice, and we are not liable for such promotions.
   7. We make no representations or warranties regarding the quality, suitability, accuracy, reliability, performance, safety, merchantability, or fitness for a particular purpose of the Platform, Information, or Services. We do not guarantee uninterrupted functionality or that defects will be corrected. The Platform and servers are provided without any warranties, express or implied.
   8. We will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use or inability to use the Platform. This includes damages for data loss, financial loss, or any other kind, even if we have been advised of the possibility of such damages.
   9. To the extent permitted by applicable law, UtilityX, its officers, agents, employees, and directors disclaim any liability against any loss, damage, expenses, or liabilities caused by performance failures, omissions, defects, interruptions, errors, delays, viruses, unauthorized access, or other issues related to the platform.
8. AVAILABILITY AND ACCESSIBILITY OF THE PLATFORM
   1. We control and operate these Platforms from the territory of India and make no representation that the materials and the content available on the Platforms are appropriate to be used or will be available for use in other locations outside of the territory of India. If you use this Platform from outside the territory of India, you are entirely responsible for compliance with all applicable domestic laws and statutes. These Terms and Conditions do not constitute, nor may these Terms and Conditions be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
   2. Information that we publish on the world wide web (www) may contain references or cross references to our Products, programs and Services that may not be announced or available in your country. Such references do not imply that we intend to announce such Products, programs or Services in your country.
   3. We constantly monitor the User’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law or statute in India and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the Platforms fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platforms and any other unlawful acts or omissions in breach of these Terms and Conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete or terminate such an account, with or without warning and dishonor all past and pending agreements and obligations without any liability. For the purpose of this clause, we shall owe no liability for any refunds. Please refer to our Refund Policy to get a better idea of our Refund practices.
9. TERMINATION
   1. UtilityX reserves the right to terminate your access to the Platform and its Product and Services if the User fails to pay the service maintenance fee for three (3) consecutive months. However, UtilityX may provide notifications through proper channels of communication (email, SMS, call, etc) to the User regarding pending payments before such termination.
   2. Users are responsible for any outstanding payments of the Product due at the time of termination. UtilityX reserves the right to pursue legal action to recover any unpaid amounts owed. In the event of termination, all transactions and data generated during the Service period shall be permanently deleted and Users shall not be able to retrieve any data post-termination.
   3. If a User wishes to resume using the Product or Service after termination due to non-payment, they must first settle all outstanding maintenance charges. Additionally, they may be required to pay the one-time setup cost again to reactivate the Product or Service.
   4. Users who do not actively use the Product or Service but wish to maintain access must purchase a standby plan by contacting UtilityX by mailing it to the UtilityX email address: support@utilityx.in and failure to purchase a standby plan shall result in termination of the Product or Service.
   5. UtilityX reserves the right to refuse access to the Platform or its Product or Service, or terminate accounts, or remove or edit content, or discontinue its Services or access to its Products at its sole discretion, without prior notice. Users are advised to regularly review the Terms and Conditions Agreement to stay informed of any changes or modifications.
   6. Users must immediately inform UtilityX of any unauthorized use of their account or any other security breaches. Users must ensure that they log out of their account at the end of each session to prevent unauthorized access.
10. THIRD PARTY INTERACTIONS
    1. In your use of the Platforms, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Platforms or access any other third-party website linked to the Platforms. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for the Products, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
11. COPYRIGHTS
    1. The UtilityX Platforms contains agreements, policies, and material, including text, graphics, photographs, videos, and sound, which are protected by copyright and/or other intellectual property rights (“Protected Content”). All copyright and other intellectual property rights in the Protected Content are either owned by UtilityX or have been licensed to us by the owner(s) of those Protected Contents, allowing us to use the Protected Content as part of UtilityX. We retain copyright on all Information, including text, photographs, videos, graphics, and sound, and all trademarks displayed on the Platform are either owned by us or licensed to us.
    2. You may use and display the Protected Content on your personal computer only for your personal use, subject to the grant of a limited, revocable, personal, non-exclusive, and non-transferable license to you by us, when you register on the Platform. This license is provided solely for identifying Products, carrying out purchases of Products, processing returns and refunds, and for using and printing copies of the information on the Platform for your personal use and/or storage of the files on your computer for personal use only and not for business purposes.
    3. You may not:
       1. Copy (whether by printing off onto paper, storing on disk, downloading, or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast, or tamper within any way or otherwise use any Protected Content contained in the Platform. These restrictions apply in relation to all or part of the Protected Content available on the Platform.
       2. Copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system.
       3. Reproduce any part of the Platform or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication, or website, whether in hard copy or electronic format, including postings to any other website.
       4. Remove any copyright, trademark, or other intellectual property notices contained in the original material from any material copied or printed off from the Platform.
       5. Link any other material to the Platform, without our express written consent.
    4. The license granted to you does not include a license for:
       1. Resale of the Products or commercial use of the Platform or Protected Content.
       2. Any collection and use of Product listings, descriptions, pricing structure, or agreements entered between the parties.
       3. Any use of the platform, the Services, the Products, and/or of Protected Content, other than as contemplated in these Terms and Conditions.
       4. Any downloading or copying of login credentials of users.
       5. Any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of the Platform.
       6. Creating and/or publishing your own database that features parts of the Platform.
12. TRADEMARKS
    1. All the trade names associated with us and all logos denoted with “TM” or “R” on our Platforms and Services are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any Product or Service that is not our Product or Service.
    2. If you believe that your intellectual property rights have been violated in a way that raises concerns of infringement, please write to us at support@utilityx.in and let us know of your concerns.
13. LICENSE AND USE OF YOUR CONTENT
    1. You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Platforms including but not limited to reviews and ratings without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platforms. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of agreements, deeds and documents, at its request.
    2. You agree that we do not routinely monitor your postings on the Platforms but reserves the right to do so. However, if we become aware of inappropriate use of the Platforms or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
    3. Unauthorized use of any materials contained on the Platforms shall not violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations within the territory of India. You alone are responsible for your actions or the actions of any person using your account by logging into your account through your username and password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Platforms or the use of the Platforms by any person using your account by logging into your account through your username and password (including without limitation your participation in the posting areas or your Ratings and Reviews) violates any applicable law or regulation, or the rights of any third party.
    4. We reserve the right to terminate access to our Platforms at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms and Conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms and Conditions which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms and Conditions Agreement shall survive the termination or expiration of the Terms and Conditions Agreement.
14. INDEMNIFICATION AND LIMITATION OF LIABILITY
    1. You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access or use of the Platforms, Services or Product, which are in violation of these Terms and Conditions, Privacy Policy or Refund Policy, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
15. RELATIONSHIP BETWEEN THE PARTIES
    1. This Agreement does not aim to establish a partnership between UtilityX and the User, nor does it authorize either party to act as an agent for the other. Neither party has the authority to act on behalf of the other or bind them in any manner, including making representations or warranties, assuming obligations, or exercising rights or powers.
16. APPLICABLE LAW AND JURISDICTION
    1. These Terms and Conditions are governed by and to be interpreted in accordance with the laws of India being The India Digital Personal Data Protection Act 2023 (DPDPA) and the Information Technology Act, 2000 and/or individual state legislation in each state and territory in India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Platforms whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Rajkot, India for the resolution of all such disputes.
17. CONTACT INFORMATION
    1. We offer multiple ways to stay in touch, ensuring your convenience. You can choose to contact us through email at support@utilityx.in for detailed inquiries or sending instructions.
18. FORCE MAJEURE
    1. We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control including but not limited to natural calamities, floods, earthquakes, cyclones, strikes, lockdowns, pandemics, wars or any other cause which is beyond our reasonable control.
19. WAIVER
    1. No provision in these Terms and Conditions will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
20. SEVERABILITY
    1. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and Conditions and the remainder of these Terms and Conditions will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms and Conditions will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
21. AMENDMENT
    1. These Terms and Conditions are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms and Conditions as available on the Platforms. Your relationship with the Platforms will be governed by the most current version of these Terms and Conditions, as published on the Platforms.
22. MISCELLANEOUS
    1. In addition to these Terms and Conditions, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as the terms and conditions related to the payment processor, bank offer(s), brand promotional offers, whose links, if any, are contained and/or embedded in the Services offered by them through us. You agree that we will not be liable for any transaction between yourself and any such third parties.
    2. These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of the Platforms, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms and Conditions.