Terms of Service

Services

1. 1.1. You hereby understand and acknowledge that the information requested from you is used for the various purposes as set out in our Privacy Policy(https://imagematch.ai/privacy-policy/), including for the purposes of us / our partners to comply with various laws, regulations, and guidelines (including Know Your Customer (KYC) norms / Anti-Money Laundering (AML) standards / Combating of Financing of Terrorism (CFT) / Obligation of banks under the Prevention of Money Laundering Act, 2002) promulgated by the Government of India from time to time. You further acknowledge that if you do not provide the requested information to ImageMatch, ImageMatch or its partners will be unable to provide or continue its / their services to you.
2. 1.2. You confirm that all information is given to ImageMatch (whether in ImageMatch’s online form or otherwise) is true, correct, and not misleading. You agree to provide any additional documents to ImageMatch or any of its partners as may be required from time to time.

Eligibility

1. 2.1. This Site is intended solely for Users who, are eighteen (18) years of age or older, and any registration by, use of, or access to the Site by any person under 18 is unauthorized, unlicensed, and in violation of these Terms of Use.
2. 2.2. By using the Service or the Site, you represent and warrant that you are 18 years or older and that you agree to and will abide by all of the terms and conditions of these Terms of Use.
3. 2.3. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, the Company may terminate your account, delete your profile and data, and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

Indemnification

1. 3.1. ImageMatch shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use services offered by Merchant or due to the failure of Merchant to provide services to the Users for any reason whatsoever including but not limited to the User's non-compliance with the Service's terms, malfunction, partial or total failure of any network terminal, data processing system, computer telecom transmission or telecommunications system or other circumstances whether or not beyond the control of ImageMatch or any person or any organization involved in the above-mentioned systems.
2. 3.2. ImageMatch will not be liable for any damages of any kind arising from the use of the services offered by the Merchant including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
3. 3.3. ImageMatch shall not be liable for any Content that you may find indecent, offensive or objectionable. You shall use the Services at your own risk.
4. 3.4. ImageMatch will take all reasonable measures to ensure that the Merchant should fulfil his duty properly but there may be exceptions and therefore ImageMatch will not be held liable for any such compensation on account of the Merchant not meeting the expectations of Users.
5. 3.5. ImageMatch shall not be liable for any conduct of the Merchant or the Financial Partner. ImageMatch encourages Users to notify any complaints that the User may have against any Merchant that the User may have.
6. 3.6. No advice or information, whether oral or written, obtained by you from ImageMatch or through or from the services shall create any warranty not expressly stated in the terms.
7. 3.7. ImageMatch disclaims any and all liability in respect of the Merchant and their Products provided thereof.
8. 3.8. User agrees to indemnify and keep ImageMatch, its affiliates and licensors indemnified against all costs, expenses, damages, losses, and liabilities incurred or suffered by ImageMatch or its affiliated companies related to any User Content posted or transmitted by User during the use of the Website or Service or any unauthorized use of the Website or Service in contravention of this Agreement.

Limitation of Liability

1. 4.1. In no event will the company or its directors, employees or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the site or the service or any of the site content or other materials on or accessed through the site, even if the company is aware or has been advised of the possibility of such damages.
2. 4.2. You acknowledge that if no fees are paid to the company for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the company, regardless of the cause of action.

Termination

1. 5.1. ImageMatch may at any time suspend and/or terminate, in whole or in part, the services and activities performed by ImageMatch in relation to the services for any reason whatsoever, including for reasons of breach by the User of the T&Cs, terms, and conditions agreed with the Partner Financial Institution and/or any of the policies made available on the ImageMatch Platform.
2. 5.2. The User may terminate its arrangement with ImageMatch in relation to the User Account by writing to the ImageMatch customer care team and after repayment of all amounts due and payable to ImageMatch and/ or Partner Financial Institution.
3. 5.3. In the event of any termination or suspension of services or the User Account, the User shall be liable to pay in full all amounts due and payable to ImageMatch and/ or Partner Financial Institution as set out in the relevant BNPL Statement or credit amount due to be payable to Partner Financial Institution or otherwise as provided under the T&Cs.

Governing Law and Dispute Resolution

1. 6.1. Notwithstanding anything to the contrary contained herein, any dispute, controversy and/or claim arising out of and relating to this contract, including its construction, interpretation, meaning, scope, operation, effect and / or validity thereof (“Dispute”), shall be resolved by mediation /or arbitration.
2. 6.2. The parties agree that the arbitration shall be before a sole arbitrator appointed under the Rules. The juridical seat of arbitration shall be New Delhi, India. The language of arbitration shall be English. The law governing the arbitration proceedings shall be Indian law. The decision of the arbitrator shall be final and binding on the parties. Subject to the above, the competent courts at the seat shall have exclusive jurisdiction.
3. 6.3. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non-convenience or any other basis.

Copyright and Trademark

1. 7.1. All related icons and logos are registered trademarks or service marks of ImageMatch in various jurisdictions and are protected under applicable copyright, trademark, and other proprietary rights Applicable Laws. The unauthorized copying, modification, use, or publication of these marks is strictly prohibited.
2. 7.2. All content on the Website and Service is the copyright of ImageMatch except the third party content and any link to a third-party websites on our Website.
3. 7.3. Any systematic retrieval of ImageMatch content to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from ImageMatch is prohibited.
4. 7.4. In addition, the use of the content for any purpose not expressly permitted in this agreement is prohibited and may invite legal action. As a condition of Your access to and use of ImageMatch's Services, You agree that You will not use the Website and/or Service to infringe the intellectual property rights of others in any way. ImageMatch reserves the right to terminate the account of a User(s) upon any infringement of the rights of others in conjunction with the use of ImageMatch’s Service, or if ImageMatch believes that the User’s conduct is harmful to the interests of ImageMatch, its affiliates, or other Users, or for any other reason in ImageMatch's sole discretion, with or without cause.

Consent

1. 8.1. By clicking on the tab/button/ checkbox of “ImageMatch” or any other button/checkbox of similar nature,
   1. 8.1.1 You confirm that eligible under Applicable Law to contract with ImageMatch,
   2. 8.1.2. You consent to conduct transactions, accept the terms and conditions of this Agreement and the Privacy \ Policy as displayed on the Website and
   3. 8.1.3. You consent to receive communications, notices and information from us through post or other physical medium or electronically (whether through SMS, emails, phone calls, and automated phone calls).
   4. 8.1.4. Electronic communications shall be deemed to have been received by you when we send the electronic \ communication to the email address/mobile number/details provided by
   5. 8.1.5. You during the sign-up process as per our records, or when we post the electronic communication on the Website.

Force Majeure

ImageMatch and/ or Partner Financial Institution shall not be liable for its failure to perform under the T&Cs as a result of the occurrence of any force majeure events including an act of God, fire, wars, sabotage, civil unrest, labour unrest, the action of statutory authorities or local or central governments and/or change in Applicable Law, that may affect the performance of ImageMatch, Partner Financial Institution, payment gateways and/or the Partner Merchant.