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These Terms of Service
form a legal agreement between you and Paymate India Pvt Ltd. (“Paymate”), that
governs your access to and use of service as a purchaser of merchandise, goods,
or services from Paymate or Bank affiliated merchant network as applicable. Please
review these Terms of Service before you decide whether to accept it and continue
with the registration process.
BY CLICKING ON THE "AGREE AND CONTINUE" BUTTON
ON THE REGISTRATION PAGE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
1. Certain Defined Terms:
The following defined terms appear in these Terms of Service.
a)."You", “you” or "Buyer": A Customer
that applies to, or registers to use, or uses, the Service to make Payment Transactions.
b).Customer: A person that registers with the Service as a Buyer.
c).Merchant:
A Customer, who registers via a separate registration process and
who is governed by the terms of service at the time of registration provided in
a separate legal agreement that uses the Service to process Payment Transactions
from Buyers.
d).Bank: Financial institution who issues Buyer a Payment instrument such as a credit card,
debit card, bank account etc.
e).Merchant Establishments: The web site pages/electronic catalogues/retail establish-ments of merchants affiliated with Paymate or Bank for offering the service.
f). Payment Instrument: The mobile number of the customer which is mapped to credit
card or debit card that is registered by a Customer with the Service to facilitate
the processing of Payment Transactions. The Payment Instrument must be associated
with a billing address in a country where the Service is made available.
g). Payment Transaction: The processing of a payment through the Service that results
in the debiting or charging of the Purchase Amount to a Buyer’s Payment Instrument
and the crediting of funds to a Merchant.
h). PIN:
Paymate issue code to Buyer to authenticate transactions at the time of making a
payment
i). Product:
Any merchandise, good or service that is listed for sale that a Buyer may pay for
using the Service.
j). Purchase Amount:
The amount of a Payment Transaction to pay for a Product, and any related fees,
taxes or shipping charges, as applicable in the currency designated by the Merchant.
k). Service:
The Paymate service, described in this Terms of Service that facilitates the processing
of Payment Transactions on behalf of a Merchant.
l). “Paymate”, “we”, or “us”: Paymate India Pvt. Ltd.
2. Requirements for
Registration: In order to use the Service,
you must complete all required information elements on the Service registration
web pages or with your bank through any of its registration channels for the service
as deemed appropriate by the bank. You must register a valid mobile number which
will be mapped to Buyer's valid credit, debit card or bank account as a Payment
Instrument to make Payment Transactions and pay fees and other obligations arising
from your use of the Service. You must provide current, complete and accurate information
and maintain it as current and accurate. We may require you to provide additional
information as a condition of continued use of the Service, or to assist in determining
whether to permit you to continue to use the Service. You authorize us to confirm
that your Payment Instrument is in good standing with the issuing financial institution,
including, but not limited to, by submitting a request for a payment authorization
and/or a low credit and/or debit to the Payment Instrument, in accordance with the
relevant card association rules. You also authorize us to obtain from time to time
a credit report and/or to otherwise make credit or other background inquiries as
we deem appropriate to evaluate your registration for or continued use of the Service.
We, in our sole and absolute discretion, may refuse to approve or may terminate
existing registrations with or without cause or notice, other than any notice required
by any applicable law, and not waived herein. By agreeing to these Terms of Service
for Buyers, you represent that you are:
a.
18 years old or older; and
b.
capable of entering into a legally binding agreement.
3. Payment Transaction
Processing: The
Service facilitates the processing of Payment Transactions to complete a payment
for a purchase between a Buyer and a Merchant. The Service will store information
from Buyers, such as their Payment Instruments and shipping information, and will
process Payment Transactions on behalf of Merchants through the appropriate credit
card or debit card network. Paymate may delay payment processing of suspicious transactions
or transactions which may involve fraud, misconduct, or violate applicable law,
these Terms of Service for Buyers, or other applicable Paymate or Service policies,
as determined in Paymate’s sole and absolute discretion. Buyer authorizes the charge
or debit to Buyer’s Payment Instrument as necessary to complete processing of a
Payment Transaction. Buyer also authorizes the crediting to Buyer’s Payment Instrument
in connection with reversals, refunds, or adjustments through the Service.
You acknowledge and agree that your
purchases of Products are transactions between you and the Merchant and not with
Paymate or any of Paymate’s affiliates. Paymate is not a party to your purchase
of Products, and Paymate or other Paymate affiliates are not a buyer or a Merchant
in connection with any Payment Transaction, unless expressly designated as such
in the listing of the Product on a Paymate website/Electronic Catalogue/Retail establishment.
4. Permissible Payment
Transactions: You may only use the Service
to process a Payment Transaction for a Product that is purchased from a Merchant
through a legitimate, bona fide sale of the Product. The Service may not be used
to process a Payment Transaction, or otherwise transfer money between a Buyer and
Merchant, that is unrelated to a purchase of a Product. The Service may not be used
to receive cash advances from Merchants or to facilitate the purchase of cash equivalents
(travelers checks, prepaid cards, money orders, etc.). You may not use the Service
to process Payment Transactions in connection with the sale or exchange of any illegal
goods or services or any other underlying illegal transaction. In particular, you
shall not use the Service or process Payment Transactions in connection with the
sale or purchase of goods or services, or other remittances that are prohibited
under the (Indian) Foreign Exchange Management Act, 1999 and the regulations made
thereunder, as may be amended from time to time. You agree that you will not use
the Service to process Payment Transactions for any Products that violate these
Terms of Service, other policies or rules applicable to the Service, or applicable
law. The current policy that establishes the Products and other transactions that
may not be paid for with the Service include 1) Firearms 2) Alcohol 3) Explosives
4) Pornography materials and services of any kind whatsoever 5) Live animals 6)
Banned / illegal drugs or other controlled substances 7) Fireworks or pyrotechnic
devices or supplies 8) Hazardous materials, combustibles, corrosives 9) Web site
access and / or web site memberships of pornography or illegal sites. 10) Gambling
transactions. Failure to comply with these limitations may result in suspension
or termination of your use of the Service.
5. Limitations on the Use of Service:
We may establish general
practices and limits concerning use of the Service, including without limitation
individual or aggregate transaction limits on the rupee amount or number of Payment
Transactions during any specified time period(s). We reserve the right to change,
suspend or discontinue any aspect of the Service at any time, including hours of
operation or availability of the Service or any Service feature, without notice
and without liability. We also reserve the right to impose limits on certain Service
features or restrict access to parts or all of the Service without notice and without
liability. We may decline to process any Payment Transaction without prior notice
to Buyer or Merchant. We do not warrant that the functions contained in the Service
will be uninterrupted or error free and we shall not be responsible for any service
interruptions (including, but not limited to, power outages, system failures or
other interruptions that may affect the receipt, processing, acceptance, completion
or settlement of Payment Transactions or the Service).
We may limit or suspend your use of
the Service at any time, in our sole and absolute discretion. If we suspend your
use of the Service, we will attempt to notify you by electronic mail. Suspension
of your use of the Service will not affect your rights and obligations pursuant
to these Terms of Service arising before or after such suspension.
6. Username and Password
Information: You are responsible for: 1)
maintaining the confidentiality of your PIN, 2) any and all transactions by persons
that you give access to or that otherwise use such PIN, and 3) any and all consequences
of use or misuse of your PIN. You agree to notify us immediately of any unauthorized
use of your PIN or any other breach of security regarding the Service of which you
have knowledge. If Buyer is a business entity, Buyer agrees that all officers, employees,
agents, representatives and others having access to the mobile number and PIN shall
be vested by Buyer with the authority to use the Service and legally bind Buyer.
Buyer shall be responsible for all actions by current and former officers, employees,
agents, representatives and others, regardless of whether authorized by Buyer, that
access the Service using Buyer’s PIN.
7. Privacy:
You understand and agree that personal information
provided to us in connection with the Service is subject to the Service’s
Privacy Policy.
8. Use of Electronic Communications:
We may communicate with
you regarding the Service by means of electronic communications, including (a) sending
electronic mail/text message to the email address/Mobile Number you provided during
registration, or (b) posting notices or communications on a Paymate Web Site. You
agree that we may communicate with you by means of electronic communications the
following: these Terms of Service (and revisions or amendments), notices or disclosures
regarding the Service, payment authorizations, and any other matter relating to
your use of the Service.
You should maintain copies
of electronic communications by printing a paper copy or saving an electronic copy.
Electronic communications shall be deemed received by you when we send the electronic
communication to the email address/mobile number you provided at the time of registration
or as revised by you thereafter in accordance with these Terms of Service, or when
we post the electronic communication on a Paymate Web Site. For those communications
or records that we are otherwise required under applicable law to provide in a written
paper form to you, you agree that we may provide such communications or records
by means of electronic communications. The following additional terms will apply
to such electronic communications: (a) you may contact us through the Service
contact page to
request another electronic copy of the electronic communication without a fee; (b)
you may request a paper copy of such an electronic communication, and we reserve
the right to charge a fee to provide such paper copy; (c) you may contact us through
the contact page to update your registration information used for electronic communications
or to withdraw consent to receive electronic communications; and (d) we reserve
the right to terminate your use of the Service if you decline or withdraw consent
to receive electronic communications from us.
9. Service Fees:
We do not charge a fee to use the
Service as a Buyer. The financial institution that issues your Payment Instrument
may charge a fee in connection with the debiting or charging of the Payment Instrument
resulting from the Payment Transaction. You should consult the terms and conditions
governing your Payment Instrument for more information about any such fees.
10. Disputes: Paymate may provide various tools to assist Customers
in communicating with each other to resolve a dispute that may arise between Buyers
and Merchants with respect to their transaction. If Customers are unable to resolve
a dispute, we may mediate disputes between buyers and Merchants if either party
requests assistance. If this occurs, we will review the dispute and propose a non-binding
solution, if appropriate. For more detailed information, please see our
Frequently Asked Questions.
Paymate may offer a feedback or other
ranking system on the Service to assist you in evaluating other Customers of the
Service. You acknowledge that any such feedback or ranking system represents solely
the opinion of other Customers of the Service, and is not an opinion, representation,
or warranty by Paymate with respect to other Customers of the Service.
You agree to release Paymate and other
Paymate affiliates, and their agents, contractors, officers and employees, from
all claims, demands and damages (actual and consequential) arising out of or in
any way connected with a dispute. You agree that you will not involve Paymate in
any litigation or other dispute arising out of or related to any transaction, agreement,
or arrangement with any Merchant, other Buyer, advertiser or other third party in
connection with the Service. If you attempt to do so, (i) you shall pay all costs
and attorneys’ fees of Paymate and other Paymate affiliates and shall provide indemnification
as set forth below, and (ii) the jurisdiction for any such litigation or dispute
shall be limited as set forth below. However, nothing in these Terms of Service
shall constitute a waiver of any rights, claims or defenses that you may have with
respect to a Payment Transaction under the Buyer’s card issuer agreement, the card
association rules or applicable laws.
11. Refunds: If you believe your account has been opened or used in
an unauthorized manner, please contact us through our
contact page.
Also, please see our Frequently Asked Questions for more information
on how we protect you from fraud. Except
as set forth in these Terms of Service, all Payment Transactions processed through
the Service are non-refundable to Buyer by Paymate and are non-reversible by Buyer
through the Service.
12. Paymate Not A Banking Institution:
Paymate processes Payment
Transactions on behalf of Merchants. Paymate is not a bank, non banking financial
company or other depository institution. Funds held by Paymate or its service providers
(including any bank service providers) in connection with the processing of Payment
Transactions are not deposit obligations of Buyer and are not insured for the benefit
of Buyer by any governmental agency.
13. Termination of Service:
We may, in our sole and absolute
discretion without liability to you or any third party, terminate your use of the
Service for any reason, including without limitation inactivity or violation of
these Terms of Service or other policies we may establish from time to time.
Upon termination of your use of the Service, you remain liable
for all Payment Transactions and any other obligations you have incurred. Upon termination,
we have the right to prohibit your access to the Service, including without limitation
by deactivating your PIN, and to refuse future access to the Service by you (or
your relatives or known acquaintances or if a business entity, its parent, affiliates
or subsidiaries or its or their successors).
14. Buyer Responsibility for Taxes:
The reporting and payment
of any applicable taxes arising from the use of the Service is your responsibility.
You hereby agree to comply with any and all applicable tax laws, including the reporting
and payment of any taxes arising in connection with Payment Transactions.
15. No Endorsement of Products:
Paymate does not represent
or endorse, and shall not be responsible for: (a) the safety, quality, accuracy,
reliability, integrity or legality of any Product, the truth or accuracy of the
description of Products, or of any advice, opinion, offer, proposal, statement,
data or other information (collectively, “Content”) displayed or distributed, purchased
or paid through the Service, or the Merchant Web Sites/Electronic Catalogues/Retail
establishments; or (b) the ability of Buyers to buy Products or Merchants to deliver
Products. Paymate hereby disclaims any liability or responsibility for errors or
omissions in any Content or in the Service. Paymate reserves the right, but shall
have no responsibility, to edit, modify, refuse to post or remove any Content, in
whole or in part, that in Paymate’s sole and absolute discretion is objectionable,
erroneous, illegal, fraudulent or otherwise in violation of these Terms of Service
for Buyers.
16. Unclaimed Property:
If we are holding funds due to
you arising from a Payment Transaction processed through the Service or otherwise,
and we are unable to contact you and have no record of your use of the Service for
several years, applicable law may require us to report these funds as unclaimed
property. If this occurs, we will try to locate you at the address shown in our
records, but if we are unable to locate you, we may be required to deliver any such
funds to the applicable state as unclaimed property. We reserve the right to deduct
a dormancy fee or other administrative charges from such unclaimed funds, as permitted
by applicable law.
17. Indemnification:
You agree to indemnify, defend and
hold harmless Paymate and their, subsidiaries and other affiliates, and its and
their directors, officers, owners, agents, co-branders or other partners, employees,
information providers, licensors, licensees, consultants, contractors and other
applicable third parties (including without limitation Paymentech, L.P. and relevant
Customers) (collectively "Indemnified Parties") from and against any and all claims,
demands, causes of action, debt or liability, including reasonable attorneys fees,
including without limitation attorneys fees and costs incurred by the Indemnified
Parties arising out of, related to, or which may arise from: (i) your use of the
Service; (ii) any breach or non-compliance by you of any term of these Terms of
Service or any of Paymate "s policies; (iii) any dispute or litigation caused by
your actions or omissions; or (iv) your negligence or violation or alleged violation
of any law or rights of a third party.
18. Disclaimer of Warranties:
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION
MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE,
IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PAYMATE AND THEIR
SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS
(COLLECTIVELY, "PAYMATE PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND
WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS
MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR
ANY BRE ACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION
THROUGH THE SERVICE. EACH PAYMATE PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY
OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE. THE PAYMATE PARTIES DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE PAYMATE PARTIES
SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED
TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING,
ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE.
19. Limitations of Liability; Force
Majeure:
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL ANY PAYMATE PARTY BE
RESPONSIBLE OR LIABLE TO BUYER OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE
LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY PAYMATE PARTY OR THE SERVICE,
OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY
WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, EVEN IF THE PAYMATE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
OR LOSS. IN NO EVENT SHALL THE PAYMATE PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING
FROM OR RELATING TO THIS AGREEMENT EXCEED THE NET FEES PAYMATE HAS ACTUALLY RECEIVED
AND RETAINED FROM THE BUYER'S VALID PAYMENT TRANSACTIONS DURING THE THREE MONTH
PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that
the other party has entered into these Terms of Service relying on the limitations
of liability stated herein and that those limitations are an essential basis of
the bargain between the parties. In addition to and without limiting any of the
foregoing, no Paymate Party shall have any liability for any failure or delay resulting
from any condition beyond the reasonable control of such party, including but not
limited to governmental action or acts of terrorism, earthquake, fire, flood or
other acts of God, labor conditions, power failures and Internet disturbances.
20. Jurisdiction;
Governing Law: This
Agreement shall be governed by and construed in accordance with the laws of
India
. The Parties agree to submit to the exclusive jurisdiction of the Courts located
in
Mumbai, India
as regards any claims or matters arising under or in relation to this Agreement.
Any dispute, controversy or claims arising out of or relating to this Agreement
or the breach, termination or invalidity thereof, shall be settled by arbitration
in accordance with the provisions of the Indian Arbitration and Conciliation Act,
1996. The arbitral tribunal shall be composed of three arbitrators, one arbitrator
to be appointed by each Party, and a third arbitrator appointed by such arbitrators.
The place of arbitration shall be at Mumbai and any award whether interim or final,
shall be made, and shall be deemed for all purposes between the parties to be made,
in Mumbai. The arbitral procedure shall be conducted in English language and any
award or awards shall be rendered in English. The award of the arbitrator shall
be final and conclusive and binding upon the Parties, and the Parties shall be entitled
(but not obliged) to enter judgment thereon in anyone or more of the highest courts
having jurisdiction. The Parties further agree (to the maximum extent possible and
allowed to them) that such enforcement shall be subject to the provisions of the
Indian Arbitration and Conciliation Act, 1996 and neither Party shall seek to resist
the enforcement of any award in India on the basis that award is not subject to
such provisions. The rights and obligations of the Parties under, or pursuant to,
this clause, including the arbitration agreement in this clause, shall be governed
by and subject to Indian law
21. Notice: In addition to the electronic communications
authorized under the Section entitled, “Use of Electronic Communications”, statements,
notices and other communications to Buyer may be made by mail, email, postings on
the Paymate Web Site or other reasonable means. We may also provide notices of changes
to the Terms of Service or other matters by displaying links to notices on the Merchant
Web Sites/Electronic Catalogues/Retail establishments. Notice to Paymate may be
made by mail to:
Attn. Legal Paymate India
Pvt. Ltd, 111,
SunderVilla, S.V.
Road, Santa
Cruz (W), Mumbai 400054.
India
22. Modification of
Terms of Service for Buyers: We have
the right, in our sole and absolute discretion, to change, modify, or amend any
portion of these Terms of Service at any time by posting notification on a Paymate
Web Site or otherwise communicating the notification to you. The changes will become
effective, and shall be deemed accepted by you, after the initial posting and shall
apply on a going-forward basis with respect to Payment Transactions initiated after
the posting date. In the event that you do not agree with any such modification,
your sole and exclusive remedy is to terminate your use of the Service.
23. Assignment:
You may not assign these Terms of
Service or any rights or obligations hereunder, by operation of law or otherwise,
without our prior written approval and any such attempted assignment shall be void.
We reserve the right to freely assign these Terms of Service and the rights and
obligations hereunder, to any third party without notice or consent. Subject to
the foregoing, these Terms of Service shall be binding upon and inure to the benefit
of the parties hereto, their successors and permitted assigns.
24. Survival:
Upon termination of your use of the Service or termination of these Terms of Service
for any reason, in addition to this section, the following sections shall survive
termination: 3, 5, 7, 8, 10, 12 through 21, and 25.
25. Other Provisions:
The failure of Paymate to exercise
or enforce any right or provision of the Terms of Service shall not constitute a
waiver of such right or provision. If any provision of these Terms of Service shall
be adjudged by any court of competent jurisdiction to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent necessary so
that these Terms of Service shall otherwise remain in full force and effect and
remain enforceable between the parties. Headings are for reference purposes only
and in no way define, limit, construe or describe the scope or extent of such section.
This Terms of Service, including Paymate’s policies governing the Service referenced
herein, constitutes the entire agreement between Paymate and Buyer with respect
to Buyer’s use of the Service. These Terms of Service is not intended and shall
not be construed to create any rights or remedies in any parties other than Buyer
and Paymate and other Paymate affiliates which each shall be a third party beneficiary
of these Terms of Service for Buyers, and no other person shall assert any rights
as a third party beneficiary hereunder.
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