Welcome to our payment gateway platform. By accessing and using our services, you agree to be bound by the following terms and conditions. Throughout this document, the terms "we", "us", and "our" refer to [Company Name], and govern our relationship with you in relation to this website and all services provided through it.
These terms outline the rules and guidelines for the use of our payment gateway services, ensuring a secure and trustworthy environment for all transactions. It's important that you read and understand these conditions carefully before using our services, as they affect your legal rights and obligations.
Your continued use of our platform signifies your acceptance of these terms and conditions as well as any updates or modifications we may make. If you disagree with any part of these terms, please do not use our services.
Eligibility Criteria
Firstly, if you are an individual user, by agreeing to these terms, you affirm that you have reached the age of majority, which is 18 years, demonstrating your capability to enter into binding agreements. This ensures that all our users have the ability to fully understand and agree to the commitments they are making under these terms.
Additionally, if you are accessing our services on behalf of a business entity such as a company, partnership, or any other legal organization, you are indicating to us that you have been formally authorized by that entity. This authorization allows you to act as its representative and accept these Terms of Service in accordance with applicable laws. It is important that you have the necessary authority to make these commitments on behalf of the entity, ensuring that these terms are binding and enforceable for both you and the entity involved.
At [Website Name], all the services we provide are governed by these Terms of Service. When these services are utilized by any form of legal entity, you assure us that the entity possesses the requisite authority to agree to and be bound by these terms. This declaration is vital for maintaining a trustworthy and legally secure environment for all transactions conducted through our websites and applications.
Registration Process
To access and utilize the services offered by [Website Name], it's necessary for you to complete the registration process with [Website Name] and, if applicable, with any service providers involved. During registration, [Website Name] may require you to submit documents for the purpose of verifying your identity. It’s crucial that the information you provide at this stage is truthful, accurate, current, and comprehensive. If there be any discrepancies or if the information provided is found to be incomplete, [Website Name] reserves the right to reject your registration and discontinue your access to our services and websites.
Upon registering on our platform, a personal account will be created for you, linked to your username, password, and other personal identification details. You bear full responsibility for all activities that occur under your account. It is expected that you use your account solely for legitimate transactions. Engaging in or supporting fraudulent or questionable transactions is strictly prohibited.
If at any point you disagree with any part of our Terms of Service, we advise against using or accessing our services. You are also required to keep your account information, including but not limited to your email address, contact number, credit card details, bank account information, and residential address, up-to-date and accurate. If any of these details change, it is your responsibility to update your account promptly.
In the case of any legal inquiries or convictions, you must immediately inform [Website Name] about such matters and ensure that we are kept informed about any developments. Impersonating another person or entity, providing false information about your identity, age, or affiliations is strictly forbidden. The security of your username and password is your responsibility, and you must take all necessary steps to protect this information. Any activity conducted under your account will be considered as actions taken by you.
Information Submission and Authorization
Upon registering with [Website Name], users will be asked to provide certain key pieces of information, including but not limited to:
To ensure the accuracy of your identity and to fulfill our legal and regulatory obligations, [Website Name] reserves the right, directly or via third parties, to conduct verifications. This may involve requests for further details or documentation from you, such as personal ID documents and proofs of address.
Furthermore, by using our services, you grant [Website Name] permission to access, utilize, process, and disclose the information you provide, alongside transaction details and any other necessary data. This is crucial for adhering to applicable laws, responding to court orders, governmental requests, or inquiries from our service providers, especially in the case of investigating incorrect or fraudulent transactions. Such measures ensure compliance with legal requirements and safeguard both user interests and operational integrity.
Use of Services
The services provided by [Website Name] are intended for exclusive use by the User, whether it is to make payments to a Payee or settle valid and legal transactions.
Users must understand and accept that they bear sole responsibility for any losses or damages incurred by them or their vendors/customers as a result of using our website or applications in ways not recommended by [Website Name] or the appointed Service Provider. Users agree to absolve [Website Name] and its Service Providers of any liability resulting from such instances.
By engaging with our services, Users grant [Website Name] the authority to act on their behalf in managing, receiving, disbursing, and settling funds. This includes the authorization for [Website Name] to process transaction amounts into an account chosen by [Website Name] after the provision of products and/or services has been confirmed by the Payee, in compliance with applicable laws governing payment agents. This authorization remains effective until it is terminated by [Website Name] or if the User discontinues service usage. For these activities, [Website Name] may collaborate with payment aggregators, gateways, or other service providers to facilitate the transactions
Upon receipt, [Website Name] commits to transferring the relevant transaction amounts to the designated bank account of the Payee promptly, within the time limits defined by applicable laws, after deducting any convenience fees and charges as determined by [Website Name]. It is understood by the User that [Website Name] is obligated to settle with the Payee only upon actual receipt of the funds.
[Website Name] is not required to verify the authenticity of a Transaction once it has been initiated through a valid login and verified through several levels of security checks on the platform. Users are expected to take necessary precautions to maintain the security and confidentiality of their account. [Website Name] is not responsible for errors, misuse, or unauthorized use of the Services by the User, someone authorized by the User, or anyone gaining access through the User. [Website Name] assumes that all instructions originating from the User’s account are legitimate, represent normal business transactions, and meet reasonable security standards and applicable laws.
Regarding the execution of transactions:
User Obligations
When using our services, you as the user agree to adhere to the following obligations:
Provide Accurate Information: You must ensure that all information submitted during registration and throughout the use of our services is accurate, complete, and up-to-date. This includes personal details, payment information, and any other data required by the service.
Use Services Lawfully: You are committed to using the services only for legitimate purposes, in compliance with all applicable laws, regulations, and guidelines. The use of the services for illegal or unauthorized transactions is strictly prohibited.
Maintain Security: It is your responsibility to safeguard your account details, including your username and password. You should take all necessary precautions to prevent unauthorized access to your account.
Respect Intellectual Property: You must not infringe upon the intellectual property rights of others, including copyrights, trademarks, or patents, in your use of the services.
Comply with Terms and Policies: You are required to comply with all the terms and conditions set forth by the service, along with any policies and guidelines provided. This includes respecting the rights and dignity of others and ensuring that your actions do not harm the service or its users.
Report Misuse: You should promptly report any misuse of the service, security breaches, or any unauthorized use of your account to the service provider.
Financial Responsibility: You are responsible for all charges incurred under your account, including any fees or charges that may result from the use of the service.
Cooperate with Investigations: In the event of an investigation pertaining to your use of the service, you are expected to cooperate fully with the service provider and provide any necessary information requested.
User Restrictions
In utilizing our services, users are subject to certain restrictions aimed at ensuring a safe, fair, and legal environment for all participants. The following outlines the key restrictions:
No Unauthorized Access: Users are prohibited from accessing or attempting to access any part of the service or user accounts for which they do not have explicit permission.
Prohibition on Sharing Sensitive Information: Distributing, sharing, or posting sensitive or personal information without consent is strictly forbidden. This includes, but is not limited to, personal identification numbers, financial data, and private communications.
Restriction on Illegal Activities: Engaging in activities that are illegal, fraudulent, or violate the rights of others, including intellectual property rights, is not permitted.
No Disruption of Services: Users must not disrupt, overload, or undertake actions that could damage the operation or performance of the services. This includes introducing malicious software or code.
Limitation on Commercial Use: Unless expressly allowed, users may not use the service for commercial purposes, such as selling access to the service or posting advertisements, without prior authorization.
Avoidance of Harmful Behavior: Actions that threaten, harass, or harm others, including other users or service personnel, are strictly prohibited.
No Duplication or Modification: Users are not allowed to copy, modify, distribute, sell, or lease any part of our services or included software, nor may they reverse engineer or attempt to extract the source code of that software, barring exceptions permitted by law.
No Misrepresentation: Users should not impersonate others or misrepresent their identity or affiliation with any person or organization.
Content Restrictions: Users must refrain from posting or transmitting content that is illegal, obscene, defamatory, threatening, infringing on intellectual property rights, invasive of privacy, or otherwise objectionable.
Specific Terms
[Website Name] and its Service Providers shall not be held accountable for any disputes that arise between Users and their Payees. This includes disagreements related to pricing, delivery or lack thereof, service deficiencies, delays in receiving products, or the quality of products and services. The agreement and contract are solely between the User and the Payee, with [Website Name] and the Acquiring Bank not being involved in any capacity. Any disputes should be resolved directly between the User and the Payee without involving [Website Name].
Furthermore, [Website Name] cannot ensure specific timings for payments as such timings depend on various factors including the User’s bank, the card issuing bank or card processor (in cases where a credit/debit card is used), the Acquiring Bank, and other Service Providers. Therefore, [Website Name] will not be liable for any delays in payment delivery or fund availability associated with the Services.
It is the User's responsibility to ensure that all information provided to [Website Name] at the time of availing the Services is accurate. Incorrect or misleading information could lead to miscommunication or service errors.
[Website Name] and its Service Providers reserve the right to set limits on the number of Transactions or to reject and refund Transactions that may be charged to a User's payment instrument or account during any given time period. Similarly, [Website Name] retains the discretion to refuse making payments for Transactions that exceed set limits, or in cases where the User has a history of questionable charges, among other reasons deemed appropriate by [Website Name]. These measures are in place to maintain the integrity and security of the service for all users.
Security
Users acknowledge that [Website Name] will not be held responsible for any unauthorized, fraudulent, or erroneous use of their mobile and/or web-based access, or through any other platform due to the loss or theft of their mobile device, cloning of their mobile, or any other unforeseen circumstances. Furthermore, [Website Name] will not bear liability for any direct or indirect outcomes resulting from the misuse of a User's web, mobile, or email account by a third party; this includes instances where Users share authentication details such as OTPs or payment information with others. If third parties access the Services using a User's account, the User will assume responsibility and indemnify [Website Name] for any liabilities, costs, or damages incurred due to such unauthorized access and use.
The User is solely responsible for:
Payment Terms
Service Providers will validate, authorize, and execute payment instructions issued by the User for a specific Transaction, contingent upon satisfying criteria established by the Acquiring Bank. Following this, the approved Transaction Amount is transferred from the User's payment method to the Settlement Account held by [Website Name].
In exchange for the services provided, Users are required to pay [Website Name] a Convenience Fee, details of which can be reviewed on the application and website. [Website Name] reserves the flexibility to adjust the Convenience Fee structure for Users.
Users will be informed of the Convenience Fee through the mobile application or website before completing their Transaction. Acceptance of the Convenience Fee is a prerequisite for proceeding with the Service. All Convenience Fees paid to [Website Name] are non-refundable.
[Website Name] will deduct its Convenience Fee plus any applicable taxes from each successful Transaction and will then transfer the remaining balance of the Transaction Amount to the Payee’s designated bank account. The User is responsible for any additional taxes, duties, or charges, unless a different arrangement has been made. [Website Name] retains the right to modify the Convenience Fee and any other applicable taxes, duties, or charges at its discretion without prior notice to the User. It is also clarified that [Website Name] is not responsible for disclosing any charges imposed by Service Providers, which may be billed separately to the User.
It is agreed and understood by the User that once a Transaction has been successfully processed, the Convenience Fee charged by [Website Name] shall not be refunded under any circumstances, including in events of transaction rejection, chargebacks, refunds, or disputes.
Taxes
[Website Name] will deduct its fees as well as GST from the Transaction Amounts received. It is the User’s responsibility to ascertain and handle any other taxes that may be assessed, incurred, or needed to be collected, paid, or withheld for any reason in relation to the use of the Services. Additionally, Users bear sole and full responsibility for collecting, withholding, reporting, and remitting the correct taxes to the relevant tax authority as dictated by current laws. [Website Name] does not undertake to determine applicability of taxes, or calculate, collect, report, or remit any taxes to tax authorities resulting from any transaction. [Website Name] expressly disclaims any liability regarding taxes.
Payout Schedule
[Website Name] commits to systematically initiating the transfer of Transaction Amounts to a Payee's nominated bank account according to the following guidelines:
Processing Errors
[Website Name] will proactively attempt to rectify any processing errors it identifies. If an error results in a Payee receiving less than the entitled amount, [Website Name] will credit the Payee's account with the difference, contingent upon receiving the needed funds and confirming the shortfall. Conversely, if a Payee receives more funds than entitled, [Website Name] will inform the Payee of the overage and request reimbursement of the surplus funds to [Website Name]'s designated bank account or another specified account.
[Website Name] can only correct processing mistakes if the User alerts [Website Name] to such an error before the transaction is finalized by [Website Name]. Failure by the User to promptly notify [Website Name] of a processing error will be considered a relinquishment of any claims to the amounts owed.
Termination of Access
Notwithstanding any contrary provisions:
[Website Name] reserves the right to immediately:
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Intellectual Property Rights
The content found within the application and the website, including trademarks, service marks, and logos (“Marks”), are either owned by or licensed to [Website Name], protected by copyright and intellectual property laws both domestically and internationally. Unauthorized use of the application's or website's content, whether through copying, reproduction, distribution, transmission, broadcasting, display, sale, licensing, uploading, or any other form of exploitation, is strictly prohibited without prior written permission from [Website Name].
Furthermore, Users explicitly agree to allow the use of their own Marks on the application and website as part of their agreement and consent with [Website Name].
Disclaimer of Warranty for Accuracy and Completeness of Data
Each user is responsible for ensuring that any information or data they upload through the services is accurate and complete in all respects, and does not contain any false or misleading content.
[Website Name] clarifies and each user should recognize and understand that the services and websites present information on an "as-is" and "as available" basis, without any guarantees for the accuracy or completeness of such data. Therefore, [Website Name] highly recommends that users verify the accuracy and completeness of the information they provide. [Website Name] will not be held liable for any errors in transmission of data, though efforts will be made to correct any identified inaccuracies.
[Website Name] expressly disclaims any representations or warranties, whether express or implied, regarding the websites, including but not limited to warranties of title, non-infringement, availability, security, accuracy, merchantability, fitness for a particular purpose, and absence of viruses or malware. No guarantees are made concerning the completeness, timeliness, functionality, reliability, sequencing, or speed of delivery of information, including user-submitted information.
To the maximum extent allowed by law, [Website Name] denies all liability related to the use of or reliance on the websites, the services, statements made by other users, content provided by users on the websites, or any advice or opinions offered by [Website Name] or its users.
Limitation of Liability
Notwithstanding the terms outlined in the Agreement, [Website Name] and its associated entities, including officers, directors, managers, partners, members, shareholders, employees, affiliates, and agents (hereafter referred to as "[Website Name] Related Parties"), shall not be held accountable to anyone for any form of claims, liabilities, losses, payments, costs, expenses (including legal fees), litigation, settlements, fines, penalties, or damages. This includes, but is not limited to:
These are related to or arise from accessing or using (or the inability to use) the services or the websites and applications, including damages caused by performance failures, errors, omissions, interruptions, defects, delays in operation or transmission, computer viruses, or any other form of interference that compromises a User’s equipment by accessing, using, browsing the Application and websites, or downloading any material from them.
This limitation applies even if [Website Name] has been advised of potential damages or losses. [Website Name] employs best market practices and security policies to safeguard personal data against unauthorized access, misuse, unauthorized changes, unlawful destruction, or accidental loss. Nonetheless, [Website Name] cannot be held liable for any data loss or theft resulting from unauthorized access to a User’s electronic devices used for accessing the services or websites and applications.
Termination
If [Website Name] or any Service Provider have reasonable grounds to suspect that a User has violated these Terms, any other agreement with [Website Name], or engaged in any dishonest or fraudulent activities against [Website Name] or any Service Provider, [Website Name] reserves the right to:
Indemnity
Users agree to protect, defend, and hold harmless [Website Name], the Acquiring Bank, and Service Providers from any liability, including but not limited to liabilities, judgments, damages, losses, claims, costs, and expenses, or any other loss that may arise, associated with any claim, lawsuit, or proceeding filed against [Website Name] by another User, Service Provider, or third party. This includes issues related to:
Governing Law and Dispute Resolution
This Agreement is governed by the laws of India.
If any dispute arise related to the existence, validity, termination of this Agreement, or any obligations under it (referred to as "Dispute"), such Dispute will be exclusively resolved under the jurisdiction of the courts in India. This encompasses any disagreements that emerge from or are linked to the use of [Website Name]'s services or websites and applications.
Contact Us
At [Website Name], we're here to assist you with any questions or concerns you may have. Your feedback and inquiries are important to us, and we strive to provide you with the best service possible. Below are the ways you can get in touch with our team:
[Insert Contact Email]