Terms of Use


The entire contents of this site are copyrighted under Indian law and protected by worldwide copyright laws and treaty provisions. Materials from the www.beam.co.in website/wapsite/app/IVR may not be copied, distributed or transmitted in any way without prior written consent of Beam Money (P) Limited, having its office for the present at Enterprise, D-128-129, 422, Terrace Floor, Okhla Industrial Area, Phase 1, New Delhi, 110020, India, and its www.beam.co.in website / wapsite / app / IVR ("Beam"). Users of the site may download or copy of any and all materials on the site for personal, non-commercial use provided that they do not modify or alter the materials in any way, nor delete or change any copyright or trademark notice. All material on this site is provided for lawful purposes only. Beam reserves complete title and full intellectual property rights for materials downloaded from the site.

Submission to Beam / www.beam.co.in


Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Beam through this site is the exclusive property of Beam. Beam is entitled to use any information submitted for any purpose without restriction or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Beam and accepts responsibility for its accuracy, appropriateness and legality.

Liability Restrictions


Beam is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions. Under no circumstances will Beam or its suppliers be liable for any damages or injuries that result from the use of the materials on this site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, in which case the above limitation may not apply to you. The materials on this site are provided "as is" and without warranties of any kind to the fullest extent permissible pursuant to applicable laws. Beam provides links to other sites that are not maintained by Beam. Beam does not endorse those sites and is not responsible for the content of such other sites.

Applicability of Content


Information on this site includes descriptions of products and services available in the India only. Beam makes no representation that content provided is applicable or appropriate for use in other locations. This Agreement will be interpreted and enforced in only accordance with the laws of India exclusively. Any action to enforce this agreement shall be brought exclusively in the Courts of Delhi only who shall have sole and exclusive jurisdiction. User specifically acknowledges that its use of the website/wapsite/app may be subject to applicable law and to the rules and regulations of various regulatory authorities, as well as restrictions imposed by various data providers, any or all of which may restrict such use. User agrees to identify and obtain any agreement, approval, license or permit from which may be so required, at User's own expense. User agrees that in the event of any dispute between the User and Beam, which cannot be resolved amicable, the same shall be referred for arbitration by a Sole Arbitrator. User and Beam both expressly consent and agree that the Chairman Beam shall be the persona designated by you and Beam to appoint the said Sole Arbitrator. The Sole Arbitrator shall arbitrate as per the provisions of the Indian Arbitration & Conciliation Act 1996 as amended. The venue of arbitration shall be at New Delhi in India and each party shall bear the cost of arbitration equally unless awarded otherwise by the Sole Arbitrator.

Protection of Information


Beam commitment to protecting personal customer information Beam values the trust its customers place in the company. Accordingly, Beam adheres to the highest ethical standards in gathering, using and safeguarding customer information that is entrusted to the company.

Use and Collection of Customer Information


Beam does not rent, sell or exchange information about its customers. Access to information about Beam customers is restricted to the Beam family of business. Third parties that need access to Beam customer information in order to provide operational or other support services to Beam must agree to safeguard customer information in strict compliance with Beam policy. Beam gathers only the customer information that is needed to administer its business, provide superior service and communicate offers on merchandise and services that Beam believes will be of interest to its customers. Act of submission of information by a customer means an unconditional assent and acceptance of the covenants contained here and elsewhere in the website. Beam limits access to customer information to those employees who need it to carry out their business functions. Beam educates its employees about Beam's policies and practices in regard to safeguarding customer information; preventing its unauthorized access, use or disclosure; and ensuring its proper handling.

Accuracy and Security of Customer Information


Beam makes all reasonable efforts to ensure that the customer information it maintains is accurate, timely and secure. Beam will monitor and adopt, as appropriate, new technological developments that are designed to aid in ensuring the accuracy and security of customer information. Beam enforces its policies in regard to gathering, access and use of personal customer information by its employees and authorized third parties.

Enforcement of Terms and Conditions


These terms and conditions are governed and interpreted pursuant to the laws of India, notwithstanding any principles of conflicts of law. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. Beam can revise these terms and conditions at any time by updating this posting. Beam may terminate this agreement at any time without notice for any reason. Users may terminate this agreement by destroying all materials obtained from the Beam site.

General


The logos, brand names and trademarks used in the website are the property of the respective owners. Beam does not assume any liability for any statements, representations and or claims made by the respective companies / persons for their products, services, and/or offers being made; and that the maximum limitation of damages is limited to the consideration paid for such products and or services.

Terms of Use of My Wallet


The amount paid for loading advance payment in customer’s account (“My Wallet”) opened by person registering as Beam Customer for availing various Beam Services. The amount paid for loading My Wallet is neither a deposit given to Beam; nor the amount loaded in the My Wallet can be withdrawn on demand. Please retain the advance payment voucher for future reference. Beam takes no liability for theft, loss, misplacing, misuse or mutilation in any manner whatsoever. Within 36 months of the date of opening My Wallet, the same may be automatically renewed by Beam in units 36 month period each unless terminated by Beam Customer or Beam. If the outstanding balance in My Wallet remains unutilized for a period of 36 months, thereafter the said amount shall be depleted at the rate of 10% per month. Prices, tariff, service fee, taxes and validity etc. are subject to change without notice by Beam.

SUPPLEMENTARY TERMS OF USE


• User Eligibility

• Scope of Terms of Use

• Modifications

• Beam Rate and Service Guide and Tariff

• Beam Privacy Policy

• License and Ownership

• Restrictions on Use of the Website / Wapsite / App / IVR

• Access to Beam Services Related Systems and Information Through the Website / Wapsite / App / IVR

• Links

• Submissions

• Termination

• Disclaimer of Warranties

• Limitation of Liability

• Compliance with Law Including Export Control

• Forward Looking Statements

• Jurisdiction

• Governing Law and Language

• General

• Written Document

• Complete Agreement

• Customer Service

Introduction


Please read these website terms of use carefully before using ww.beam.co.in website / wapsite / app / IVR (the "Beam Digital Presence"). These supplementary terms of use (the "supplementary terms of use") govern your access to and use of the Beam Digital Presence. The Beam Digital Presence is available for your use only on the condition that you agree to the terms of use set forth below. If you do not agree to all of the terms of use, do not access or use the Beam Digital Presence, My Wallet and/or Beam Services. By accessing or using the Beam Digital Presence, you and the entity you are authorized to represent ("You" or "Your") signify your agreement to be bound by the terms of use.

1. User Eligibility

The Beam Digital Presence is provided by Beam and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Beam Digital Presence, My Wallet and/or avail Beam Services.

2. Scope of Terms of Use

These SUPPLEMENTARY TERMS OF USE govern your use of the Beam Digital Presence and all applications, software and services (collectively, "Services") available via the Beam Digital Presence, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to you via the Beam Digital Presence ("Service Agreement(s)"). Any such Service Agreements accompany or are listed in association with or through a hyperlink associated with the applicable Services.

3. Modifications

Beam may revise and update these SUPPLEMENTARY TERMS OF USE at any time. Your continued usage of the Beam Digital Presence, My Wallet and Beam Services after any changes to these SUPPLEMENTARY TERMS OF USE will mean you accept those changes. Any aspect of the Beam Digital Presence may be changed, supplemented, deleted or updated without notice at the sole discretion of Beam. Beam may also change or impose fees for products and services provided through the Beam Digital Presence at any time in its sole discretion. Beam may establish or change, at any time, general practices and limits concerning other Beam Services in its sole discretion.

4. Beam Rate and Service Guide and Tariff

In addition to any other terms and conditions that may be applicable to such transaction as provided in these SUPPLEMENTARY TERMS OF USE and the Service Agreement(s), the Beam Rate and Service Guide applicable to You and the Beam Tariff (to the extent it is applicable to You) in effect at the time of provision of services govern Your use of Beam Services.

5. Beam Privacy Policy

The Beam Privacy Policy governs the use of information collected from or provided by you at the Beam Digital Presence. With respect to any individual whose personal information is provided by You to Beam, You represent to Beam that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the Beam Privacy Policy, including the transfer of such data to India or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual. You agree to receive promotional SMS, MMS, Email and calls from Beam.

6. License and Ownership

Any and all intellectual property rights ("Intellectual Property") associated with the Beam Digital Presence and its contents (the "Content") are the sole property of Beam, its successors and assigns. The Content is protected by copyright and other laws in India and other countries. Elements of the Beam Digital Presence are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Beam Digital Presence are trademarks, service marks or trade dress ("Marks") of Beam, its affiliates or other entities that have granted Beam the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Beam. Except as otherwise expressly authorized by these SUPPLEMENTARY TERMS OF USE, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Beam Digital Presence in any way without Beam's or the appropriate third party's prior written permission. Except as expressly provided herein, Beam does not grant to you any express or implied rights to Beam's or any third party's Intellectual Property. Beam grants you a limited, personal, non-transferable, non-sub-licensable, revocable license to:

• Access and use only the Beam Digital Presence, Content, My Wallet and Beam Services only in the manner presented by Beam, and Access and use the My Wallet, Beam Services offered within the Beam Digital Presence (the "Beam Systems") only in the manner expressly permitted by Beam. Except for this limited license, Beam does not convey any interest in or to the Beam Systems, information or data available via the Beam Systems (the "Information"), Content, Services, Beam Digital Presence or any other Beam property by permitting You to access the Beam Digital Presence. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Beam. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Beam.

7. Restrictions on Use of the Beam Digital Presence, My Wallet

In addition to other restrictions set forth in these SUPPLEMENTARY TERMS OF USE, You agree that:

• You shall not disguise the origin of information transmitted through the Beam Digital Presence.

• You will not place false or misleading information on the Beam Digital Presence.

• You will not use or access any service, information, application or software available via the Beam Digital Presence in a manner not expressly permitted by Beam.

• You will not input or upload to the Beam Digital Presence any information which contains viruses, trojans, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Beam Digital Presence or Information or that infringes the Intellectual property (defined below) rights of another.

• Certain areas of the Beam Digital Presence are restricted to customers/other users of Beam.

• You may not use or access the Beam Digital Presence or the Beam Systems or Services in any way that, in Beam's judgment, adversely affects the performance or function of the Beam Systems, Services, My Wallet, or the Beam Digital Presence or interferes with the ability of authorized parties to access the Beam Systems, purchase Beam Services, Services or My Wallet.

• You may not frame or utilize framing techniques to enclose any portion or aspect of the content or the Information, without the express written consent of Beam.

8. Access to Shipping Related Systems and Information through the Beam Digital Presence

Your use and access of the Shipping Related Systems and Information are subject to the following terms:

• The "Shipping Related Systems" are comprised of the Beam Systems which are used to provide tracking, time in transit, drop-off locator, address validation and other functions and information related to provision of services via Beam. The Services Related Systems and Information gained from such systems ("Services Information") are to be used by you solely in connection with services bought/used by or to you or on your behalf and for no other purpose.

• The Services Related Systems and Services Information are the private property of Beam. Beam authorizes you to use tracking functionality within the Services Related Systems solely to track services tendered by or for you to Beam for delivery and for no other purpose. Without limitation, you are not authorized to make the Services Information available on any Beam Digital Presence or otherwise reproduce, distribute, copy, store, use or sell the Services Information for commercial gain without the express written consent of Beam. This is a personal service, thus your right to use the Services Related Systems and Services Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.

• Any use in connection with the Services Related Systems of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.

9. Links Outbound Links:

The Beam Digital Presence may contain links to third-party Beam Digital Presences and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to you and not as an endorsement by Beam of the content on such Linked Sites. Beam makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Beam is not responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, You do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy. Inbound Links. Linking to any page of the Beam Digital Presence other than to www.beam.co.in through a plain text link is strictly prohibited in the absence of a separate linking agreement with Beam. Any Beam Digital Presence or other device that links to www.beam.co.in or any page available therein is prohibited from:

• Replicating content,

• Using a browser or border environment around the Content,

• Implying in any fashion that Beam or any of its affiliates are endorsing it or its products,

• Misrepresenting any state of facts, including its relationship with Beam or any of its affiliates,

• Presenting false information about Beam products or services, and

• Using any logo or mark of Beam or any of its affiliates without express written permission from Beam.

10. Submissions

Beam does not accept ideas, concepts, or techniques for new services or products through the Beam Digital Presence ("Comments"). If such Comments are received, you acknowledge that:

• They will not be considered confidential or proprietary,

• Beam and its affiliates are under no obligation to keep such information confidential, and Beam will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.

11. Termination

You agree that Beam, in its sole discretion, may terminate or suspend Your use of the Beam Digital Presence, the Beam Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately:

• Discontinue use of the Beam Digital Presence, and

• Destroy any copies you have made of any portion of the Content. Accessing the Beam Digital Presence, the Beam Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that Beam shall not be liable to you or any third party for any termination or suspension of your access to the Beam Digital Presence, the Beam Systems, Information and/or the Services.

12. Disclaimer of Warranties

Beam makes no representations about the results to be obtained from using the Beam Digital Presence, the Beam Systems, the Services, purchase of Beam Services, use of My Wallet, the information or the content. The use of same is at your own risk.

The Beam Digital Presence, the Beam Systems, the information, the services, purchase of Beam Services, use of My Wallet, and the content are provided on an "as is" basis. Beam, its licensors, affiliates and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. Beam and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the Beam Digital Presence or the Beam Systems, purchase of Beam Services, and/or use of My Wallet. No information obtained by you from the Beam Digital Presence shall create any warranty not expressly stated by Beam in these supplementary terms of use.

Some jurisdictions do not allow limitations on implied warranty, so the limitations and exclusions in this section may not apply to you. If you are dealing as a consumer, your statutory rights that cannot be waived, if any, are not affected by these provisions. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms of use are fair and reasonable.

13. Limitation of Liability

To the extent permitted by applicable law and to the extent that Beam is otherwise found responsible for any damages, Beam is responsible for actual damages up to the actual cost of services paid only. To the extent permitted by law, in no event shall Beam, its affiliates, its licensors, its suppliers or any third parties mentioned at the Beam Digital Presence be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Beam Digital Presence, the Beam Systems, information, services or the content whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Beam is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these supplementary terms of use are exclusive and are limited to those expressly provided for in these supplementary terms of use.

14. Compliance with Law Including Export Control

You agree to use the Beam Digital Presence in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Beam, negatively reflect on the goodwill or reputation of Beam and shall take no actions which would cause Beam to be in violation of any laws, rulings or regulations applicable to Beam.

Beam is based in India. India and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services, purchase of Beam Services, and/or use of My Wallet) to countries or persons prohibited under the Indian or other applicable export control laws or regulations. If you access and download the Content (including any software or the Services, purchase of Beam Services, and/or use of My Wallet) or Information, You represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).

15. Jurisdiction

To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of the Beam Digital Presence, the Beam Systems, including Services, purchase of Beam Services, and/or use of My Wallet, information, services and content shall be instituted exclusively in the Courts of Delhi, in India only, and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. You agree that any claim or cause of action arising out of or related to your use of the Beam Digital Presence, the Beam Systems, purchase of Beam Services, and/or use of My Wallet, information, services and/or content must be filed within one (1) year after such claim or cause of action arose.

16. Governing Law and Language

To the fullest extent permitted by law, these SUPPLEMENTARY TERMS OF USE are governed by the internal substantive laws of India (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. Any translation has been provided for Your convenience, and You may view the English language version by (a) returning to the home page for the country that You have selected, (b) selecting the English link at the top of the page, and (c) then clicking on the link to the Beam Digital Presence Terms of Use located at the bottom of the page.

17. General

You may not assign these SUPPLEMENTARY TERMS OF USE or any of your interests, rights or obligations under these SUPPLEMENTARY TERMS OF USE. If any provision of these SUPPLEMENTARY TERMS OF USE is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these SUPPLEMENTARY TERMS OF USE, which shall remain in full force and effect. No waiver of any of these SUPPLEMENTARY TERMS OF USE shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

18. Written Document

You may preserve these SUPPLEMENTARY TERMS OF USE in written form by printing them for your records, and you waive any other requirement that these SUPPLEMENTARY TERMS OF USE be evidenced by a written document.

19. Complete Agreement

Except as expressly provided in a separate license, service or other written agreement between you and Beam or in the applicable Beam rate and service guide or Beam tariff, these terms of use constitute the entire agreement between you and Beam with respect to the use of the Beam Digital Presence, the Beam systems, and any software or service, information and content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

20. Customer Service

Questions or comments regarding the Beam Digital Presence, purchase of Beam Services, and/or use of My Wallet may be submitted to Beam Customer Support.

21. Arbitration

Any dispute arising out of or related to or connected with any provisions under this Agreement shall be referred for arbitration of a Sole Arbitrator who shall arbitrate as per the Indian Arbitration & Conciliation Act 1996 as amended. The persona designated and agreed by both parties for appointing the Sole Arbitrator is Chairman Beam. The arbitration proceedings shall be conducted in New Delhi. The language of arbitration shall be English. The applicable law shall be Indian Law. The award of the Sole Arbitrator shall be final and binding on each of us. Unless awarded otherwise by the Sole Arbitrator, the cost of Sole Arbitrator and Arbitration proceedings shall be borne.