1. DEFINITIONS, INTERPRETATION AND CONSTRUCTION
1.1 Definitions
For the purposes of these Terms of Service (“Terms”), unless the context otherwise requires,
the following expressions shall have the meanings assigned to them below:
a. “Applicable Law” means all statutes, enactments, acts, rules, regulations, notifications,
guidelines, circulars, directions, orders, judgments and decrees in force in India, including
but not limited to the Information Technology Act, 2000, the Digital Personal Data
Protection Act, 2023, the Indian Contract Act, 1872, the Arbitration and Conciliation Act,
1996, and all rules framed thereunder, as amended from time to time.
b. “Company” means 98 Parallel Business Solutions LLP, a limited liability partnership
incorporated under the Limited Liability Partnership Act, 2008, having its registered office in
India, and operating the platform under the brand name TapVisit.
c. “Platform” means the TapVisit proprietary technology platform, including its website,
web applications, mobile interfaces, software, APIs, databases, dashboards, tools, features
and related services made available by the Company.
d. “Services” means the software-as-a-service offerings provided through the Platform,
including Digital Profiles, Digital Stores, NFC and QR-based linking functionalities,
analytics, hosting, and any related features, whether offered on a free, trial or paid basis.
e. “User” means any individual, business, professional, entity or organisation that accesses,
registers on, or uses the Platform or Services, including authorised representatives acting on
behalf of such entities.
f. “Minor User” means a User who has not attained the age of eighteen (18) years and who
is permitted to use the Platform strictly for educational purposes only, subject to these Terms.
g. “User Content” means any data, information, text, images, logos, catalogues, links,
product listings, descriptions, claims, contact details or other material uploaded, submitted,
displayed or made available by a User through the Platform.
h. “Subscription” means any paid or unpaid plan granting access to specific Services or
features of the Platform for a defined period.
i. “Physical Products” means NFC cards, QR cards or other NFC-enabled physical products
officially sold by the Company under the TapVisit brand.
j. “Third-Party Services” means any services, platforms, websites, payment gateways, tools
or applications not owned or controlled by the Company but linked to or integrated with the
Platform.
1.2 Interpretation
Unless the context otherwise requires:
a. Words importing the singular shall include the plural and vice versa.
b. Words importing any gender shall include all genders.
c. Headings and clause titles are inserted for convenience only and shall not affect the
interpretation of these Terms.
d. References to any statute or law shall include all amendments, re-enactments, substitutions
or modifications thereof.
e. The words “include”, “including” or “such as” shall be deemed to be followed by the
words “without limitation”.
f. References to “days” shall mean calendar days, unless expressly stated otherwise.
1.3 Electronic Records and Contracts
a. These Terms constitute an electronic record within the meaning of the Information
Technology Act, 2000 and the rules made thereunder, and do not require any physical,
electronic or digital signature.
b. The User acknowledges and agrees that acceptance of these Terms through electronic
means, including by accessing or using the Platform, clicking acceptance buttons, or
continuing to use the Services, constitutes a valid and legally binding contract between the
User and the Company under Applicable Law.
c. The User agrees that electronic communications, records and notices exchanged or made
available by the Company in relation to the Platform or Services shall have the same legal
validity and enforceability as written documents.
d. The User waives any right to challenge the validity or enforceability of these Terms on the
ground that they are in electronic form or executed electronically.
2. ACCEPTANCE AND LEGALLY BINDING EFFECT
2.1 Acceptance by Access or Use
By accessing, browsing, registering on, creating an account with, or otherwise using the
TapVisit platform, website, applications, interfaces or any services provided thereon
(“TapVisit” or the “Platform”), the User expressly acknowledges that the User has read,
understood and irrevocably agrees to be bound by these Terms of Service, as amended from
time to time, and all policies, guidelines and notices issued by 98 Parallel Business
Solutions LLP in relation to TapVisit.
If the User does not agree to any provision of these Terms, the User shall immediately cease
all access to and use of TapVisit. Any continued access to or use of TapVisit shall constitute
unconditional, continuing and legally binding acceptance of these Terms.
2.2 Electronic Acceptance under the Information Technology Act, 2000
The User acknowledges and agrees that these Terms constitute a valid, enforceable and
legally binding electronic contract between the User and 98 Parallel Business Solutions
LLP, executed in accordance with the provisions of the Information Technology Act, 2000,
the Indian Contract Act, 1872, and other Applicable Laws.
Acceptance of these Terms through electronic means, including but not limited to accessing
TapVisit, registering an account, clicking on acceptance mechanisms, submitting
information, or using any part of the Services, shall constitute valid electronic consent and
execution of a binding contract.
The User expressly agrees and acknowledges that no physical signature, handwritten
execution, stamp, or additional consent is required to make these Terms legally valid,
binding or enforceable, and waives any objection to the enforceability of these Terms on the
ground that they are in electronic form.
2.3 Amendments and Version Control
98 Parallel Business Solutions LLP reserves the absolute and unilateral right to modify,
amend, update, revise or replace these Terms, in whole or in part, at any time, at its sole
discretion. Any such modification shall become effective immediately upon being published
or made available on TapVisit, unless a later effective date is expressly stated.
The User agrees that publication of revised Terms on TapVisit constitutes sufficient and valid
notice of such changes, and expressly waives any right to claim lack of notice, individual
communication or prior intimation. The most current version of the Terms available on
TapVisit shall prevail over all previous versions.
Continued access to or use of TapVisit after any modification shall constitute the User’s
deemed acceptance of the revised Terms. Any rights or obligations accrued prior to such
modification shall remain governed by the Terms in force at the time such rights or
obligations arose, unless otherwise required by Applicable Law.
3. LEGAL ENTITY AND PLATFORM OVERVIEW
3.1 Company Details
TapVisit is owned, operated and managed by 98 Parallel Business Solutions LLP, a limited
liability partnership incorporated under the provisions of the Limited Liability Partnership
Act, 2008, and existing in accordance with the laws of India (“Company”).
The Company is the sole legal entity responsible for operating, maintaining and providing
access to the TapVisit platform and the Services offered thereon. No other entity, subsidiary,
affiliate or partner is authorised to bind the Company or represent TapVisit unless expressly
stated in writing by the Company.
3.2 Brand and Platform Identity
“TapVisit” is a proprietary brand, trade name and technology platform owned and controlled
by 98 Parallel Business Solutions LLP. All rights, title and interest in and to the TapVisit
name, brand, logos, domain names, software, interfaces, designs and associated intellectual
property vest exclusively with the Company.
Any reference to “TapVisit”, “we”, “us” or “our” in these Terms shall be deemed to refer to
98 Parallel Business Solutions LLP, unless the context expressly requires otherwise.
3.3 Nature of Business Operations
TapVisit operates as a technology service provider offering software-as-a-service (SaaS)
tools that enable Users to create, manage and share digital profiles, digital stores, links,
catalogues and NFC or QR-based contact and redirection interfaces.
The Company provides only technological infrastructure and does not act as a marketplace,
seller, reseller, distributor, broker, agent, representative, payment intermediary, fiduciary or
trustee in relation to any goods, services, content or transactions of Users. All commercial,
contractual or transactional relationships entered into by Users with third parties are
independent of and outside the scope of the Company’s operations and responsibility.
4. ELIGIBILITY AND USER CATEGORIES
4.1 Competency to Contract
Access to and use of TapVisit is permitted only to persons who are competent to enter into a
legally binding contract under the Indian Contract Act, 1872. By accessing or using TapVisit,
the User represents and warrants that the User is legally competent, has the requisite
capacity, and is not barred under any Applicable Law from entering into or performing
obligations under these Terms.
4.2 Individual Users
Individual Users may access and use TapVisit for lawful purposes in accordance with these
Terms. Individual Users are solely responsible for the accuracy, legality and completeness of
the information and content they provide through the Platform, and for ensuring that their
use of TapVisit does not violate any Applicable Law or third-party rights.
4.3 Business and Professional Users
Users accessing or using TapVisit on behalf of a business, professional practice, organisation
or other legal entity represent and warrant that they have full legal authority to bind such
entity to these Terms.
Such Users acknowledge that all obligations, liabilities and responsibilities arising from the
use of TapVisit shall be borne by the respective entity, and not by the individual acting on its
behalf.
4.4 Minor Users (Educational Use Only)
Notwithstanding Clause 4.1, TapVisit permits access by Users below the age of eighteen (18)
years strictly for educational and non-commercial purposes only.
Any use of TapVisit by Minor Users for commercial, promotional, business or revenuegenerating purposes is strictly prohibited and may result in immediate suspension or
termination of the account without prior notice.
The Company reserves the right to restrict, disable or terminate access of any Minor User at
its sole discretion if such use is found to be inconsistent with the educational purpose or
these Terms.
4.5 Misrepresentation and Consequences
Any misrepresentation of age, identity, authority or eligibility by a User shall constitute a
material breach of these Terms. The Company reserves the right to suspend or terminate
access to TapVisit, disable accounts, remove content, and take such other action as it deems
necessary, without notice, and without prejudice to any other rights or remedies available
under Applicable Law.
5. NATURE OF PLATFORM AND LIMITATION OF ROLE
5.1 Technology Platform Only
TapVisit is a proprietary technology platform operated by 98 Parallel Business Solutions
LLP that provides software-as-a-service (SaaS) tools enabling Users to create, manage and
share digital profiles, digital stores, links, catalogues and NFC or QR-based redirection
interfaces.
The Company’s role is strictly limited to providing technological infrastructure and access to
software tools. The Company does not control, initiate, negotiate, monitor, verify or
participate in any interaction, communication or transaction conducted by Users through or
in connection with TapVisit.
5.2 No Marketplace, Broker, Agent or Payment Intermediary
TapVisit does not operate as a marketplace, e-commerce platform, broker, agent, reseller,
distributor, representative, payment aggregator, payment processor, escrow, trustee or
fiduciary.
The Company does not collect, process, hold, transfer or settle any payments on behalf of
Users or their customers. Any payment links, gateways or third-party services used by Users
are accessed at their sole discretion and risk, and the Company assumes no responsibility or
liability in relation thereto.
5.3 No Monitoring or Verification of User Transactions
All transactions, communications, contracts, representations, warranties, refunds, deliveries
and obligations between Users and third parties are conducted independently of the
Company.
The Company does not verify, validate, supervise, endorse, guarantee or monitor any User,
User Content, product, service, claim, pricing, availability, legality, quality, safety, delivery
or performance, and expressly disclaims all liability arising therefrom.
5.4 “As-Is” and “As-Available” Basis
TapVisit and all Services are provided on an “as-is” and “as-available” basis, without any
representation, warranty or guarantee of any kind, whether express or implied.
The Company does not warrant that the Platform will be uninterrupted, error-free, secure,
timely or free from defects, nor does it guarantee any specific outcomes, results, revenue or
business performance arising from the use of TapVisit.
6. SERVICES OFFERED
6.1 Digital Profile Services
TapVisit provides Users with software tools to create and manage digital profiles that may
include personal or professional information, contact details, social media links, external
URLs and other user-selected content.
Digital Profiles are intended to function as digital identity or redirection interfaces and may
be accessed publicly through links, QR codes or NFC-enabled devices. The Company does
not verify the accuracy, legality or authenticity of any information displayed on a Digital
Profile and shall not be responsible for any reliance placed on such information by third
parties.
6.2 Digital Store Services
TapVisit provides software tools enabling Users to create and manage digital stores or
catalog-style pages for displaying products or services, pricing, descriptions and related
information.
The Digital Store functionality is limited to the display and redirection of information and
does not include order fulfilment, payment processing, logistics, inventory management,
consumer support or dispute resolution.
All transactions, communications and commercial engagements arising from a Digital Store
are conducted solely between the User and their customers, and the Company disclaims all
responsibility and liability in relation thereto.
6.3 NFC, QR and Linking Capabilities
TapVisit offers NFC, QR code and link-based technologies that enable redirection of users to
Digital Profiles, Digital Stores or other user-selected destinations.
The Company does not guarantee compatibility of NFC or QR functionality with all devices,
operating systems or third-party applications, and performance may vary depending on
hardware, software, network and environmental factors.
Any use of NFC or QR functionality is at the User’s sole risk, and the Company shall not be
liable for any failure, interruption or limitation of such functionality.
6.4 Feature Modifications and Availability
The Company reserves the right to add, modify, suspend, restrict or discontinue any feature,
functionality or component of TapVisit, in whole or in part, at any time, with or without
notice.
The Company does not guarantee the continued availability of any specific feature or service
level and shall not be liable for any loss, inconvenience or damages arising from
modification, suspension or discontinuation of any part of the Platform or Services.
7. USER ACCOUNTS AND SECURITY
7.1 Account Creation
Access to certain features of TapVisit may require the User to create an account by providing
such information as may be requested by the Platform. The Company reserves the right to
approve, reject, suspend or terminate any account at its sole discretion, without obligation to
provide reasons.
Each User may create and operate only one account unless expressly permitted otherwise by
the Company in writing.
7.2 Accuracy of Information
The User agrees to provide true, accurate, current and complete information at the time of
account creation and to promptly update such information to maintain its accuracy.
The Company shall not be responsible for any loss, damage or consequence arising from
inaccurate, outdated or misleading information provided by the User.
7.3 Credential Security
The User is solely responsible for maintaining the confidentiality and security of their login
credentials, including usernames, passwords, access keys or any other authentication
information.
The User agrees not to share account credentials with any third party and acknowledges that
any access or activity conducted using the User’s credentials shall be deemed to have been
authorised by the User.
7.4 Responsibility for Account Activity
The User shall be solely responsible and liable for all activities, actions and omissions that
occur through or in connection with the User’s account, whether authorised or unauthorised.
The Company shall not be liable for any loss or damage arising from unauthorised access to
or use of a User’s account, except to the extent required by Applicable Law.
8. USER OBLIGATIONS AND COMPLIANCE
8.1 Compliance with Applicable Indian Laws
The User shall at all times comply with all Applicable Laws in connection with access to and
use of TapVisit and the Services, including but not limited to laws relating to information
technology, data protection, consumer protection, advertising and marketing, taxation,
intellectual property, telecommunications, electronic commerce and sector-specific
regulations.
The User acknowledges that compliance with Applicable Law is the sole responsibility of the
User and that the Company does not provide legal, regulatory or compliance advice.
8.2 Content Accuracy and Lawfulness
The User is solely responsible for ensuring that all User Content uploaded, displayed or
made available through TapVisit is accurate, complete, lawful and not misleading.
The User shall not upload, publish, transmit or link to any content that is illegal, deceptive,
false, infringing, defamatory, obscene, harmful, threatening, abusive or otherwise prohibited
under Applicable Law or these Terms.
The Company shall not be responsible for verifying the accuracy or legality of User Content
and disclaims all liability arising from such content.
8.3 Business, Taxation and Regulatory Responsibility
Users offering or promoting goods or services through TapVisit are solely responsible for
compliance with all applicable business, commercial, consumer, taxation and regulatory
requirements, including registrations, licences, permits, filings, invoicing, collection and
remittance of taxes, and compliance with consumer protection laws.
The Company shall not be responsible for any failure by Users to comply with such
obligations.
8.4 Communications, Spam and Telecom Compliance
The User shall ensure that all communications conducted through or in connection with
TapVisit, including messages, links or redirections, comply with applicable spam, privacy
and telecommunications laws, including regulations issued by the Telecom Regulatory
Authority of India (TRAI).
The User shall not engage in unsolicited, misleading or deceptive communications and shall
be solely responsible for any violations arising therefrom.
8.5 Prohibited Uses
The User shall not use TapVisit to:
a. engage in fraud, phishing, impersonation or deceptive practices;
b. upload or distribute malware, viruses, harmful code or malicious software;
c. scrape, crawl, reverse engineer or interfere with the Platform or its security;
d. infringe intellectual property or other proprietary rights of any person;
e. promote or facilitate illegal activities or prohibited goods or services; or
f. misuse the Platform in a manner that may harm the Company, other Users or the public.
9. USER CONTENT AND PUBLIC VISIBILITY
9.1 Ownership of User Content
The User retains ownership of all User Content created, uploaded or displayed by the User
on TapVisit. Nothing in these Terms shall be construed as transferring ownership of User
Content to 98 Parallel Business Solutions LLP.
By uploading or displaying User Content on TapVisit, the User grants the Company a
worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to host, store,
use, reproduce, display, transmit, process and adapt such User Content solely for the purpose
of operating, providing, maintaining, promoting and improving the Platform and the
Services.
9.2 Public-Facing Nature of Content
The User acknowledges and agrees that User Content published on TapVisit, including
Digital Profiles and Digital Stores, may be publicly accessible and viewable by third parties
through links, QR codes, NFC-enabled devices or other means.
The Company does not control and cannot restrict the manner in which third parties may
access, view, copy or interact with publicly available User Content, and the User assumes all
risks associated with such public visibility.
9.3 Content Responsibility and Risk Allocation
The User is solely responsible for all User Content and for any consequences arising from
the publication, display or use of such User Content.
The User represents and warrants that the User has all necessary rights, licences, permissions
and consents to upload and display the User Content and that such content does not violate
any Applicable Law or third-party rights.
The Company expressly disclaims all liability arising from User Content, including any
claims, losses, damages or disputes involving third parties.
9.4 No Obligation to Review or Approve Content
The Company has no obligation to pre-screen, monitor, review or approve any User Content.
The absence of monitoring or review shall not be construed as approval, endorsement or
verification of User Content by the Company, and the Company shall not be liable for any
User Content made available through TapVisit.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Platform Intellectual Property Ownership
All right, title and interest in and to TapVisit, including the Platform, software, source code,
object code, databases, architecture, user interfaces, workflows, designs, text, graphics,
logos, trademarks, service marks, domain names, documentation and all related intellectual
property rights, are and shall remain the exclusive property of 98 Parallel Business
Solutions LLP or its licensors.
Nothing in these Terms shall be construed as transferring, assigning or granting any
ownership rights in the Platform or its intellectual property to any User.
10.2 Limited Licence to Users
Subject to compliance with these Terms, the Company grants the User a limited, nonexclusive, non-transferable, non-sublicensable and revocable licence to access and use
TapVisit solely for the User’s lawful purposes during the term of the applicable Subscription
or permitted access.
This licence does not permit the User to use TapVisit for any purpose other than as expressly
permitted under these Terms.
10.3 Licence Granted by Users to the Company
By uploading, submitting or displaying User Content on TapVisit, the User grants 98
Parallel Business Solutions LLP a worldwide, non-exclusive, royalty-free, transferable and
sublicensable licence to host, store, use, reproduce, display, transmit, process, adapt and
distribute such User Content solely for the purposes of providing, operating, maintaining,
promoting and improving the Platform and the Services.
The User represents and warrants that the User has all necessary rights and authority to grant
the foregoing licence.
10.4 Feedback and Suggestions
Any feedback, suggestions, ideas, enhancements or recommendations provided by the User
in relation to TapVisit or the Services shall be deemed non-confidential and voluntary.
The Company may use, implement, modify or incorporate such feedback without restriction,
attribution or compensation to the User.
10.5 Restrictions on Reverse Engineering and Misuse
The User shall not, directly or indirectly, copy, modify, adapt, translate, reverse engineer,
decompile, disassemble, create derivative works from, or otherwise attempt to derive the
source code of the Platform or any part thereof, except to the extent expressly permitted
under Applicable Law.
The User shall not remove, obscure or alter any proprietary notices, branding or intellectual
property markings on TapVisit or use the Platform in a manner that infringes or
misappropriates the intellectual property rights of the Company or any third party.
11. SUBSCRIPTIONS, PRICING AND PAYMENTS
11.1 Free and Paid Plans
TapVisit may offer access to the Services under free, trial and paid subscription plans, as
determined by 98 Parallel Business Solutions LLP from time to time. The features,
limitations, duration and eligibility criteria applicable to each plan shall be as specified on
the Platform.
The Company reserves the right to modify, introduce or discontinue any plan or pricing
structure at its sole discretion.
11.2 Prepaid Nature of Subscriptions
All paid subscriptions to TapVisit are offered strictly on a prepaid basis. Subscription fees
must be paid in advance for the applicable subscription period in order to activate or
continue access to paid features.
All payments for subscriptions are processed exclusively through authorised third-party
payment gateways, and the Company does not store or process Users’ payment card or
banking information.
11.3 Manual Renewals
All paid subscription plans are offered on a yearly basis, unless otherwise stated, and do not
renew automatically.
It is the sole responsibility of the User to manually renew the subscription prior to expiry in
order to avoid interruption or termination of access to paid features. The Company shall not
be liable for any loss or inconvenience arising from the User’s failure to renew a
subscription.
11.4 Coupons and Discounts
The Company may, at its discretion, offer promotional discounts or coupon codes subject to
such terms, conditions and validity periods as may be specified.
Coupons and discounts are non-transferable, non-exchangeable and may be withdrawn or
modified at any time without notice.
11.5 Taxes and Invoicing
All fees payable by the User are exclusive of applicable taxes, duties, cesses or levies
imposed under Applicable Law, including goods and services tax (GST), which shall be
charged additionally where applicable.
Invoices for subscription payments shall be generated electronically and made available to
the User through the Platform or other electronic means.
11.6 No Refund Policy
All subscription fees paid for TapVisit are non-refundable and non-cancellable once paid,
except to the extent required by Applicable Law.
No refunds or credits shall be provided for partial use, unused subscription periods, plan
downgrades, termination of accounts, or suspension of access due to breach of these Terms.
12. PAYMENTS BY USERS TO THEIR CUSTOMERS (DISCLAIMER)
12.1 No Payment Processing by the Company
TapVisit, operated by 98 Parallel Business Solutions LLP, does not provide payment
aggregation, payment processing, escrow, settlement or banking services of any kind.
The Company does not collect, hold, transfer, route or otherwise handle funds on behalf of
Users or their customers. Any monetary transaction initiated by a User in connection with
their Digital Profile or Digital Store is conducted independently of the Company.
12.2 Third-Party Payment Links
Users may choose to display or integrate third-party payment links, gateways or services on
their Digital Profiles or Digital Stores. Such third-party payment services are provided and
governed exclusively by the terms and policies of the respective third-party providers.
The Company does not endorse, verify, control or assume responsibility for any third-party
payment service, and the User’s use of such services is at the User’s sole risk.
12.3 No Responsibility for Collections, Chargebacks or Fraud
The Company shall not be responsible or liable for any payment collections, failures,
reversals, chargebacks, refunds, disputes, fraud, unauthorised transactions or losses arising
between Users and their customers.
Users acknowledge and agree that they are solely responsible for managing payments,
refunds, disputes and compliance with all applicable payment, consumer and financial
regulations in relation to their transactions.
13. PHYSICAL PRODUCTS (NFC / QR CARDS)
13.1 Sale of Official TapVisit Physical Products
Official NFC cards, QR cards and other NFC-enabled physical products branded as TapVisit
are sold exclusively by 98 Parallel Business Solutions LLP through authorised channels
determined by the Company.
The Company does not authorise the sale of TapVisit physical products through unauthorised
third parties, and any purchase made from sources other than those expressly approved by
the Company shall be at the User’s sole risk.
13.2 Activation and Usage
Physical Products are intended to function as access or redirection tools linked to TapVisit
Digital Profiles or Digital Stores.
Once a Physical Product is activated or linked to a User account, it shall be deemed to have
been used. The User is responsible for proper handling, storage and usage of Physical
Products in accordance with applicable instructions and industry practices.
13.3 Industry-Standard Hardware Disclaimer
Physical Products are manufactured and supplied in accordance with generally accepted
industry standards. However, the Company does not guarantee uninterrupted performance,
durability or compatibility of Physical Products with all devices, operating systems or
environments.
Performance of NFC or QR functionality may vary based on device specifications, software
configurations, environmental conditions and third-party factors, and the Company disclaims
all liability arising therefrom.
13.4 No Warranty, Replacement or Refund after Activation
All sales of Physical Products are final. Once a Physical Product is activated or linked to a
User account, no warranty, replacement, return or refund shall be provided, except as
expressly required under Applicable Law.
The Company shall not be responsible for damage, loss, misuse, unauthorised modification
or wear and tear of Physical Products.
13.5 No Liability for Third-Party Purchases
The Company shall not be liable for any Physical Products purchased from unauthorised
third-party sellers or sources. Users purchasing TapVisit-branded or purported TapVisit
physical products from such sources shall not be entitled to any support, warranty,
replacement or claim against the Company.
14. DATA PROTECTION AND PRIVACY
14.1 Compliance with Applicable Data Protection Laws
98 Parallel Business Solutions LLP shall process personal data in accordance with the Digital
Personal Data Protection Act, 2023, the Information Technology Act, 2000, and all rules,
regulations, directions and guidelines issued thereunder, as amended from time to time.
Nothing in these Terms shall be construed as imposing any obligation on the Company
beyond those expressly mandated under Applicable Law.
14.2 Limited Role of the Company
The Company acts as a Data Fiduciary only in respect of limited account-level personal data
strictly necessary for user authentication, subscription management, billing, security,
compliance and operation of the TapVisit platform.
In respect of all data, information or personal data uploaded, displayed, collected or
otherwise processed by Users through Digital Profiles, Digital Stores or NFC or QR-based
functionalities, the Company acts solely as a technical service provider and data processor,
processing such data automatically and without human intervention on behalf of and under
the control of the User.
The Company does not determine the purpose or means of processing of such User-provided
data and shall not be deemed a joint or co-data fiduciary.
14.3 User Responsibilities as Independent Data Fiduciaries
Each User who uploads, displays, collects, stores or processes personal data of any third
party through TapVisit shall be deemed the sole and independent Data Fiduciary under
Applicable Law.
Such Users are exclusively responsible for ensuring lawful collection, valid consent or
lawful basis, purpose limitation, data accuracy, retention limitation, data security, response to
data principal requests and compliance with all obligations imposed on Data Fiduciaries
under the Digital Personal Data Protection Act, 2023 and other Applicable Law.
The Company shall not be responsible or liable for any non-compliance by Users with data
protection laws.
14.4 Consent and Representations
By accessing or using TapVisit, the User provides consent to the processing of personal data
by the Company for lawful and limited purposes connected with the operation of the
Platform and provision of the Services.
Where the User uploads or displays personal data relating to any third party, the User
represents and warrants that all necessary consents, notices and lawful bases for such
processing have been obtained in accordance with Applicable Law.
14.5 Data Storage and Hosting
Personal data processed by the Company is stored on servers located in India through thirdparty cloud infrastructure providers engaged by the Company. The Company may engage
additional service providers for hosting, security or operational purposes, subject to
Applicable Law.
14.6 Security Measures and Disclaimer
The Company implements reasonable technical and organisational security measures
consistent with industry standards to protect personal data processed by it. The User
acknowledges that no system can be completely secure and agrees that the Company does
not guarantee absolute security of data and shall not be liable for unauthorised access, data
loss or security breaches except to the extent expressly required under Applicable Law.
14.7 Data Retention and Thirty (30) Day Deletion Window
The Company may retain personal data for as long as necessary to provide the Services,
comply with legal obligations, resolve disputes and enforce these Terms. Upon termination
or deletion of a User account, data may be retained for a period of up to thirty (30) days,
after which it may be deleted or anonymised, unless a longer retention period is required
under Applicable Law.
14.8 Data Breach Response
In the event of a personal data breach, the Company shall take reasonable steps to mitigate
harm and shall notify the appropriate authority or affected users only where such notification
is expressly required under Applicable Law.
14.9 Reference to Privacy Policy
Further information regarding the collection, use, storage and processing of personal data is
set out in the Company’s Privacy Policy, which forms an integral part of these Terms.
15. INTERMEDIARY STATUS AND SAFE HARBOUR
15.1 Intermediary Status under Section 79 of the Information Technology Act, 2000
TapVisit, operated by 98 Parallel Business Solutions LLP, qualifies as an “intermediary”
within the meaning of Section 2(1)(w) of the Information Technology Act, 2000 and is
entitled to the safe harbour protections available under Section 79 of the Information
Technology Act, 2000 and the rules framed thereunder.
15.2 No Initiation, Modification or Control of Content
The Company does not initiate the transmission of information, select the receiver of the
transmission, or modify the information contained in the transmission made available by
Users through TapVisit.
All User Content is generated, uploaded, published and controlled solely by Users, and the
Company’s role is limited to providing access to a technical platform for hosting and
transmission of such content.
15.3 No Actual Knowledge Standard
The Company does not have actual knowledge of any unlawful, infringing or prohibited
content hosted or transmitted by Users unless notified through a lawful order, direction or
notice issued by a competent court or government authority in accordance with Applicable
Law.
Upon receiving actual knowledge in the manner prescribed under law, the Company shall act
in accordance with Applicable Law to remove or disable access to such content.
15.4 Safe Harbour Protection
Subject to compliance with Applicable Law, the Company shall not be liable for any thirdparty information, data or communication made available or hosted by Users on or through
TapVisit.
Users acknowledge and agree that the safe harbour protections under Section 79 of the
Information Technology Act, 2000 apply to the Company, and Users waive any claims
against the Company that are inconsistent with such statutory protections.
16. CONTENT MODERATION AND PLATFORM RIGHTS
16.1 No Pre-Screening Obligation
The Company does not pre-screen, monitor, review or actively supervise any User Content
made available on or through TapVisit. The absence of such pre-screening or monitoring
shall not be construed as an endorsement, approval or verification of any User Content by 98
Parallel Business Solutions LLP.
16.2 Right to Remove, Restrict or Disable Content
Notwithstanding Clause 16.1, the Company reserves the absolute right, at its sole discretion,
to remove, restrict, disable access to or take down any User Content that it reasonably
believes to be unlawful, infringing, misleading, harmful, defamatory, obscene, deceptive,
violative of Applicable Law or in breach of these Terms.
Any such action taken by the Company shall not constitute an admission of liability or
wrongdoing.
16.3 Suspension or Termination without Notice
The Company may suspend or terminate a User’s access to TapVisit, disable accounts, or
restrict Services, in whole or in part, without prior notice, where it reasonably believes that
such action is necessary to protect the Platform, comply with Applicable Law, prevent
misuse, mitigate risk, address fraud, or safeguard other Users or third parties.
The Company shall not be liable for any loss or damage arising from such suspension or
termination, except as required under Applicable Law.
16.4 Repeat Violations
Repeated or continued violations of these Terms, Applicable Law or content standards by a
User may result in permanent suspension or termination of the User’s account and removal
of User Content, without notice and without prejudice to any other rights or remedies
available to the Company under Applicable Law.
17. GRIEVANCE REDRESSAL MECHANISM
17.1 Appointment of Grievance Officer
In accordance with the Information Technology Act, 2000, the rules framed thereunder and
other Applicable Law, 98 Parallel Business Solutions LLP shall appoint a Grievance
Officer for TapVisit for the limited purpose of receiving and addressing grievances or
complaints relating to the Platform, Services or User Content.
17.2 Grievance Officer Contact Details
The name, designation and contact details of the Grievance Officer, including an official
email address, shall be displayed on the TapVisit website and updated from time to time in
compliance with Applicable Law.
17.3 Complaint Resolution Process
Any grievance or complaint may be submitted in the manner specified on the TapVisit
website. The Company shall acknowledge and dispose of grievances within the timelines
prescribed under Applicable Law.
The Company may seek additional information or clarification from the complainant and
reserves the right to reject, close or decline to act upon any grievance that is incomplete,
frivolous, abusive, mala fide, repetitive or not maintainable under Applicable Law. Nothing
in this clause shall be construed as creating any obligation on the Company beyond those
expressly required by Applicable Law.
18. DISCLAIMERS AND WARRANTIES
18.1 No Performance or Outcome Guarantee
TapVisit and all Services are provided on an “as-is” and “as-available” basis. 98 Parallel
Business Solutions LLP makes no representations or warranties, whether express or
implied, regarding the accuracy, reliability, availability, suitability or performance of the
Platform or Services.
The Company does not warrant that TapVisit will be uninterrupted, error-free, secure or free
from defects, nor that any errors or defects will be corrected.
18.2 No Revenue or Business Guarantee
The Company does not make any representation, warranty or guarantee regarding business
outcomes, revenue generation, customer acquisition, sales, conversions, engagement or
profitability arising from the use of TapVisit.
Any reliance placed by the User on the Platform or Services for business, commercial or
revenue purposes is solely at the User’s own risk.
18.3 Third-Party Services Disclaimer
TapVisit may contain links to or integrations with Third-Party Services that are not owned or
controlled by the Company. The Company does not endorse, verify or assume responsibility
for the content, performance, availability or practices of any Third-Party Services.
Use of Third-Party Services is governed solely by the terms and policies of the respective
third parties, and the Company shall not be liable for any loss or damage arising from such
use.
19. LIMITATION OF LIABILITY
19.1 Exclusion of Indirect and Consequential Damages
To the maximum extent permitted under Applicable Law, 98 Parallel Business Solutions
LLP shall not be liable for any indirect, incidental, special, consequential, exemplary or
punitive damages, including but not limited to loss of profits, loss of revenue, loss of
business, loss of goodwill, loss of data, loss of opportunity or business interruption, arising
out of or in connection with access to or use of TapVisit or the Services, even if the Company
has been advised of the possibility of such damages.
19.2 Monetary Liability Cap
Without prejudice to Clause 19.1, the total aggregate liability of the Company for any claims,
damages, losses or liabilities arising out of or relating to these Terms, the Platform or the
Services shall not exceed the total fees actually paid by the User to the Company for the
Services during the twelve (12) months immediately preceding the event giving rise to the
claim.
19.3 Acts and Omissions of Users and Third Parties
The Company shall not be liable for any acts, omissions, conduct or negligence of Users,
customers of Users or any third parties, including but not limited to disputes, transactions,
representations, payments, fraud, chargebacks, data breaches, content violations or
regulatory non-compliance attributable to such parties.
19.4 No Personal Liability of Partners, Officers or Employees
No partner, designated partner, officer, employee, agent or representative of 98 Parallel
Business Solutions LLP shall be personally liable for any obligations, claims or liabilities
arising out of or relating to TapVisit, the Services or these Terms.
20. INDEMNITY
20.1 User Indemnity Obligations
The User agrees to indemnify, defend and hold harmless 98 Parallel Business Solutions
LLP, its partners, designated partners, officers, employees and agents from and against any
and all claims, demands, actions, proceedings, damages, losses, liabilities, penalties, fines,
costs and expenses (including reasonable legal fees) arising out of or in connection with:
a. the User’s access to or use of TapVisit or the Services;
b. breach of these Terms or any policy incorporated herein;
c. violation of Applicable Law;
d. User Content or any goods or services offered or promoted by the User;
e. infringement or alleged infringement of any intellectual property, privacy or other rights of
any third party; or
f. any transaction, communication or dispute between the User and any third party.
20.2 Scope and Survival of Indemnity
The indemnity obligations under this Clause shall be in addition to and not in substitution of
any other rights or remedies available to the Company under Applicable Law or these Terms.
The provisions of this Clause shall survive termination or expiry of these Terms and the
User’s access to or use of TapVisit.
21. FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performance of its obligations under
these Terms to the extent such failure or delay is caused by events beyond its reasonable
control, including but not limited to acts of God, natural disasters, epidemics or pandemics,
fire, flood, earthquake, war, terrorism, riots, civil disturbances, strikes or labour disputes,
cyberattacks, system failures, power outages, internet or telecommunications failures,
governmental actions, orders or restrictions, or failure of third-party service providers
(“Force Majeure Event”).
During the continuance of a Force Majeure Event, the affected Party’s obligations shall be
suspended to the extent affected by such Force Majeure Event. The Company shall not be
liable for any loss or damage arising from or attributable to a Force Majeure Event.
22. SUSPENSION AND TERMINATION
22.1 Grounds for Suspension or Termination
98 Parallel Business Solutions LLP reserves the right, at its sole discretion, to suspend,
restrict or terminate a User’s access to TapVisit or the Services, in whole or in part, with or
without notice, if the Company reasonably believes that:
a. the User has breached these Terms or any policy incorporated herein;
b. the User has violated or is likely to violate Applicable Law;
c. the User has engaged in fraudulent, abusive, unlawful or harmful conduct;
d. the User’s activities pose a risk to the Platform, the Company, other Users or third parties;
or
e. suspension or termination is required to comply with legal, regulatory or governmental
directions.
The Company shall not be liable for any loss or damage arising from any such suspension or
termination, except as required under Applicable Law.
22.2 Effect of Termination
Upon suspension or termination of a User’s account for any reason:
a. the User’s right to access and use TapVisit and the Services shall immediately cease;
b. any licences granted to the User under these Terms shall automatically terminate;
c. User Content may be removed, disabled or deleted in accordance with these Terms and
Applicable Law; and
d. any outstanding payment obligations of the User shall remain due and payable.
Termination shall not entitle the User to any refund or compensation, except as required
under Applicable Law.
22.3 Survival of Obligations
All provisions of these Terms which by their nature are intended to survive termination,
including but not limited to intellectual property rights, disclaimers, limitation of liability,
indemnity, dispute resolution and governing law, shall survive the suspension or termination
of the User’s access to TapVisit.
23. DISPUTE RESOLUTION AND ARBITRATION
23.1 Amicable Resolution
In the event of any dispute, controversy or claim arising out of or in connection with these
Terms, TapVisit or the Services, the parties shall first attempt to resolve such dispute
amicably through good faith discussions within thirty (30) days from the date on which one
party notifies the other of the dispute in writing.
23.2 Arbitration under the Arbitration and Conciliation Act, 1996
If the dispute is not resolved through amicable discussions within the aforesaid period, the
dispute shall be referred to and finally resolved by arbitration in accordance with the
provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration shall be conducted by a sole arbitrator appointed in accordance with the
provisions of the said Act.
23.3 Seat and Venue of Arbitration
The seat and venue of arbitration shall be Delhi, India, and the arbitration proceedings shall
be conducted in accordance with Indian law.
23.4 Language and Binding Nature of Award
The arbitration proceedings shall be conducted in the English language.
The arbitral award shall be final, conclusive and binding on the parties and enforceable in
accordance with Applicable Law.
24. GOVERNING LAW AND JURISDICTION
24.1 Governing Law of India
These Terms, the Platform, the Services and any dispute or claim arising out of or in
connection herewith shall be governed by and construed in accordance with the laws of
India, without regard to conflict of law principles.
24.2 Exclusive Jurisdiction of Courts at Delhi
Subject to Clause 23 (Dispute Resolution and Arbitration), the courts having jurisdiction at
Delhi, India, shall have exclusive jurisdiction over all matters arising out of or relating to
these Terms, the Platform or the Services.
The User irrevocably submits to such jurisdiction and waives any objection on the grounds
of forum non conveniens or otherwise.
25. MISCELLANEOUS
25.1 Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable by any court or
arbitral tribunal of competent jurisdiction, such provision shall be read down, modified or
severed only to the minimum extent necessary to make it enforceable under Applicable
Law. The remaining provisions shall continue in full force and effect and shall remain
binding on the User.
25.2 Waiver
No failure, delay, omission or partial exercise by 98 Parallel Business Solutions LLP of any
right, power or remedy under these Terms shall be deemed to be a waiver thereof.
Any waiver by the Company shall be effective only if expressly granted in writing and
signed by an authorised representative of the Company. A waiver of any breach or default
shall not constitute a waiver of any subsequent, continuing or future breach.
25.3 Assignment
The User shall not assign, transfer, sublicense, novate or delegate any rights or obligations
under these Terms, whether by operation of law or otherwise, without the prior written
consent of the Company, and any attempted assignment in violation of this clause shall be
null and void.
The Company shall have the absolute and unrestricted right to assign, transfer, novate or
otherwise dispose of its rights and obligations under these Terms, in whole or in part, to any
third party, including pursuant to any merger, acquisition, restructuring, business transfer or
sale of assets, without notice to or consent from the User.
25.4 Entire Agreement
These Terms, together with all policies, notices and documents incorporated herein by
reference, constitute the entire, final and binding agreement between the User and 98
Parallel Business Solutions LLP in relation to TapVisit and supersede all prior or
contemporaneous agreements, understandings, communications, representations or
warranties of any nature whatsoever.
The User expressly acknowledges and agrees that no reliance has been placed on any
statement, promise, assurance or representation not expressly set out in these Terms.
25.5 Survival
All provisions of these Terms which by their nature, intent or express wording are intended
to survive termination or expiry shall survive indefinitely, including but not limited to
provisions relating to intellectual property, User Content, data protection, disclaimers,
limitation of liability, indemnity, suspension and termination, dispute resolution, governing
law and jurisdiction.
Termination or suspension of access to TapVisit shall not limit or extinguish any rights,
remedies or protections available to the Company under these Terms or Applicable Law