The User Online Registration Form, User E-Sign Consent, User Term and Conditions along with our Privacy Policy and Chargeback Policy (collectively this "Agreement") forms the terms and conditions of use of our services ("Services"). This Agreement is a legal document between the User (as defined below) and Payinstagate Payments Private Limited ("Payinstagatemoney", "we", "our" or "us") governing the Users' relationship with PayinstagateMoney. (The terms "User(s)"/"you"/ "your" shall hereinafter refer to the Seller(s) and/or the Buyer(s) as the case maybe).
(The terms "User(s)"/"you"/ "your" shall hereinafter refer to the Seller(s) and/or the Buyer(s) as the case maybe).
This is an important document which you must consider carefully when choosing whether to use Payinstagatemoney Services at any time. Please read the terms of this Agreement (along with Links to this Agreement) carefully before agreeing to it. This Agreement also highlights certain risks on using the Payinstagatemoney Services together with guidance on how online payments through PayinstagateMoney can be facilitated.
You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your business and your use of the Payinstagatemoney Services.
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, THE USER EXPRESSLY AGREES TO AND CONSENTS TO BEING IRREVOCABLY BOUND BY THIS AGREEMENT AND ALL OF THE TERMS SET OUT HEREIN. IF THE USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED. PayinstagateMONEY WILL PROMPTLY CANCEL THE ASSOCIATION AND THE USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
PayinstagateMONEY SHALL HAVE DEEMED TO HAVE ACCEPTED THIS AGREEMENT AND THE CONTRACT SHALL ONLY BE CONSIDERED TO BE DULY EXECUTED, VALID AND BINDING AFTER THE RECEIPT OF THE USER INFORMATION FROM THE USER, DUE VERIFICATION OF THE SAME BY PayinstagateMONEY AND A VERIFICATION OF THE CONTRACT BEING SENT BY PayinstagateMONEY TO THE USER AS MORE SPECIFICALLY STATED BELOW.
THE CONTRACT SHALL BE DEEMED TO HAVE BEEN RECEIVED, ACCEPTED AND FORMED AT PayinstagateMONEY'S REGISTERED OFFICE, AT F-130, GF, STREET NO. 7, PANDAV NAGAR, NEW DELHI – 110091, INDIA.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of a computer resource.
These terms and conditions (“Agreement” or “Terms and Conditions”) set forth the terms and conditions that apply to your access and use of www.Payinstagatemoney.com and Payinstagatemoney mobile Application (hereinafter collectively referred to as “Sites”) as owned and operated by Payinstagate Payments Private Limited (“Payinstagatemoney,” “we,” “our” or “us”) and/or our affiliates and payment facilitation services including Bill Payment Services provided by us (hereinafter collectively referred to as “Services”).
The term Sites will also include all pages that are sub-domains or are associated or within each Site and all devices, applications, features, content, technologies, functionalities and other services including updates and new releases that Payinstagatemoney operates or offers, from time to time, through such Sites.
THIS IS AN IMPORTANT DOCUMENT WHICH YOU MUST CONSIDER CAREFULLY WHEN CHOOSING WHETHER TO USE THE SERVICES AT ANY TIME. PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE AGREEING TO IT.
BY CHECK-MARKING ACCEPTANCE OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICES, YOU EXPRESSLY AGREE TO AND CONSENT TO BEING LEGALLY AND IRREVOCABLY BOUND BY THIS AGREEMENT AND ALL OF THE TERMS SET OUT HEREIN. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU SHALL NOT USE THE SERVICES, PayinstagateMONEY WILL PROMPTLY CANCEL THE ASSOCIATION AND YOU SHOULD NOT ACCESS, USE OR INSTALL ALL OR ANY PART OF SERVICES.
THE CONTRACT SHALL BE DEEMED TO HAVE BEEN RECEIVED, ACCEPTED AND FORMED AT Payinstagate'S REGISTERED OFFICE, AT F-130, GF, STREET NO. 7, PANDAV NAGAR, NEW DELHI – 110091, INDIA.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Agreement at any time without any prior written notice to you. Any changes or modifications will be effective immediately upon posting of the revised Terms to our Services, and you waive any right you may have to receive additional notice of such changes or modifications. Your continued use of Services following the posting of changes will mean that you accept and agree to the revisions; therefore, it is your responsibility to frequently review these Terms and all applicable terms, policies and guidelines to understand the terms and conditions that apply to your use. If you do not agree to the amended/revised terms, you must stop using the Services. Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your right to use the Services.
When you use Services provided by us, you will be subject to rules, guidelines, policies, terms, and conditions applicable to such Services, as may be modified from time to time and they shall be deemed to be incorporated into this Agreement and shall be considered as part and parcel of this Agreement. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Services.
You must register with us and open a Payinstagatemoney account (“Payinstagatemoney Account”) in order
to use the Services. We allow both individuals and Legal Entities to register with
Payinstagatemoney. You agree to:
(a) provide only current, accurate and complete information about yourself in the
course of registering to use the Services (such information being the "Registration
Information"); and
(b) maintain and promptly update the Registration Information, as necessary, to keep
it true, accurate, current and complete at all times. If you provide any information
that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, we may
suspend or terminate your account and refuse any and all current or future use of
the Services (or any portion thereof) and you will not have any cause of action
against us for such suspension or termination of your account.
You represent that you are the legal owner of, and that you are authorized to provide us with, all Registration Information, account information and other information necessary to facilitate your use of the Services.
For registration of your business, you are permitted to apply and enroll only if you represent a legitimate business and have the authority to enter into these Terms and Condition on behalf of the business. You represent and warrant that you are duly authorized by the business entity to accept this Agreement and have the authority to bind such business entity to the terms and conditions given in this Agreement. Further, you represent and warrant that the business entity will continue its acceptance through the then authorized signatories, the terms of this Agreement as may be modified from time to time as long as such business entity continues using the Services.
You further represent and warrant that the business entity has all the requisite consents, approvals, certificates, agreements, registrations and licenses in accordance with the laws, regulations, rules and guidelines in force in India from time to time.
By creating/opening a Payinstagatemoney Account, you represent and confirm that you
are
(a) 18 (eighteen) years of age or older;
(b) not 'incompetent to contract' within the meaning of the Indian Contract
Act, 1972; and
(c) entering into and performing this Agreement, as per applicable law.
You further represent and confirm that you are not a person debarred from using the Payinstagatemoney Sites and/or receiving the Services under the laws of India or other applicable laws.
Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes.
As part of the Payinstagatemoney registration process, you will create a username and password for your Payinstagatemoney Account. You must choose a reasonably descriptive username that clearly identifies you or your business. In addition, your password should not contain any details about you that is easily available or identifiable. You are responsible for maintaining the confidentiality of the password and the Payinstagatemoney Account. For security purposes, we recommended that you memorize your password and do not write it down. You agree not to disclose these credentials to any third party. Any person to whom you give your password will have full access to your payment information, and you assume all risk of loss resulting from any such access. All information and instructions received from your Payinstagatemoney Account will be deemed to have been authorized by you and the recipients of this information shall rely on its authenticity based on the use of your password. You will be responsible for all actions taken by anyone accessing the Services using your username and password.
In the event of any dispute between two or more parties as to ownership of a particular Payinstagatemoney Account, you agree that Payinstagatemoney will be the sole arbiter of such dispute. Payinstagatemoney's decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
We may share some or all of the information you provide with the Payment System Providers, Card Associations, issuing banks, Nodal Banks, Merchants/ Billers (defined hereinafter) and other statutory, regulatory and governmental authorities. By accepting these Terms and Conditions, you authorize Payinstagatemoney to request for supplemental documentation at any time (before or after your Payinstagatemoney Account has been activated), in order to verify your identity, the accuracy of the information provided. If we cannot verify that this information is accurate and complete, we may deny your use of the Services, or close your Payinstagatemoney Account at any time. At any time, Payinstagatemoney and/or the Payment System Providers may conclude that you will not be permitted to use the Services.
We provide online payment facilitation services. Through the Payinstagatemoney aggregate payment gateway services, we facilitate you in making payments to our registered merchants/sellers (“Merchants”) for purchase of goods and services or to our registered billers (“Billers”) for paying your bill using your debit card, credit card, net banking and any other acceptable modes of payment mechanism provided by us. These transactions are between the Merchants/Billers and you. We are only acting as an intermediary. We facilitate the collection of payments from you and facilitate the settlement of such payments to the respective Merchant/Biller. We are not involved in the clearing or payment of the transaction. In order to serve in this role, we have entered into agreements with various Nodal Banks, Payment System Providers, as defined under the Payment and Settlement Systems Act, 2007, Card Associations and other payment processing system providers, to enable use of internet payment gateways developed by/for them in order for them to effect payments between you and the Merchants/Billers and provide clearing, payment and settlement services with respect to your transaction. It is to be clarified that the payment instructions are authenticated, authorized and processed by the Card Associations and your issuing bank through the Payment System Provider’s payment gateway and we does not have any role in the same.
In addition, we provide value added services such as bill presentment, bill reminders, and dashboard for transparency of transactions, loyalty points and discounts etc.
As a part of the Service offerings, we also provide a cobranded e-wallet by the name of Payinstagatemoney wallet issued by RBL (“e-Wallet”). This e-Wallet is a semi-closed pre-paid instrument which is issued by RBL Bank Limited and marketed and distributed by Payinstagatemoney on the Sites. This e-Wallet may only be used on the Payinstagatemoney Site to make payments for goods and services purchased from registered merchants or make bill payments to registered billers or for transfer of funds from one walletholder's e-Wallet to another walletholder's e-Wallet or for any such other reasons as mutually agreed from time to time. If you avail the Services of the e-Wallet, you agree and accept the terms and conditions provided by us.
Use of our Services may be available through a compatible mobile device
or other device, Internet and/or network access and may require
software. You agree that you are solely responsible for these
requirements, including any applicable changes, updates and fees as well
as the terms of your agreement with your mobile device and
telecommunications provider.
PayinstagateMONEY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS,
STATUTORY OR IMPLIED AS TO:
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER
AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE
TELECOMMUNICATION SERVICES; AND
(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO
TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE
SERVICES.
By submitting information, data, passwords, user names, other log-in information, materials and other content to us, you are granting us the right to use that for the purpose of providing the Services. We may use and store the content in accordance with this Agreement and our Privacy Statement, without any obligation by us to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Payinstagatemoney to access your account information and payment information and submit the same further for processing your payments to any party to whom it is required to be submitted for the purpose of providing you Services. We shall be acting as an intermediary, while providing you payment facilitation services. You agree that our role is limited to facilitating your payment instructions and providing other values added services.
As you will be using the services of Payment System Providers and Card Associations to process your payment instructions, you consent and agree to comply with the rules, guidelines, directions, instructions, requests, etc. (“Guidelines”) made by the Payment System Providers and Card Associations from time to time. Notwithstanding our assistance in understanding the Payment System Providers and Card Association Guidelines, you expressly acknowledge and agree that you are assuming the risk of compliance with all applicable Guidelines. You further acknowledge that the Payment System Providers, Card Associations and your issuing bank may also put limitations and restrictions on you, at its sole discretion. You are responsible for keeping yourself up -to- date and compliant with all such Guidelines. In addition, the Payment System Providers and Card Associations have the right to reject payments made by you for any reason whatsoever. If you fail to comply with your obligations towards the Payment System Providers, we may suspend or terminate your Payinstagatemoney Account.
You understand that the Payment System Providers and/or Card Association and/or your issuing bank may reject authentication and/or authorization of transaction placed by you for any reason including but not limited to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management, suspicion of fraudulent, illegal or doubtful transactions, selling of banned items, use of compromised cards or bank account numbers, use of banned/blacklisted cards or bank account numbers, use of suspicious API or in accordance with the RBI, Acquiring Banks, Issuing Institution and/or Card Association rules, guidelines, regulations, etc. and any other laws, rules, regulations, guidelines in force in India.
You further acknowledge that as a security measure we and/or the Payment System Providers may at our sole discretion, permanently or temporarily, block any card number, account numbers, group of cards or transactions from any specific blocked or blacklisted cards /, accounts, specific, group of IP addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.
As a risk management tool, we and/or the Payment System Providers reserve the right to limit or restrict transaction size, amount and/or monthly volume at any time. We will consider a variety of factors in making a decision and such determination will be at our sole discretion.
When your payment instructions are successfully processed with respect to a transaction, we will update your Payinstagatemoney Account activity and provide you with a transaction confirmation. This confirmation will serve as your receipt. You acknowledges that we will only release the transaction confirmation upon receiving confirmation with respect to the authentication, authorization and processing of such Transaction (your bank account or debit or credit card being debited or charged) from the Payment System Provider ("Transaction Confirmation").We will not be responsible for any transactions that have not been confirmed to us by the Payment System Providers.
The summary of your transaction history is available on your Payinstagatemoney Account dashboard. Except as required by law, you are solely responsible for
(a) compiling and retaining permanent records of all transactions and other data and
(b) reconciling all transaction information that is associated with your Payinstagatemoney Account. If you believe that there is an error or unauthorized Transaction activity that is associated with your Payinstagatemoney Account, you agree to contact us at [email protected] immediately not later than 5 (five) days.
In an effort to manage our risk, we may monitor your transactions and processing activity for high-risk practices or for fraudulent transactions. We may also engage third-party service providers to assist in these efforts and other elements of the Service. If we believe there is suspicious or unusual activity, we may temporarily or permanently suspend your access to the Service. Suspicious or unusual activity includes, but is not limited to changes in your average transaction amount or processing pattern or use of different payment accounts.
By availing the complete 'One Tap' feature, you will be able to process your payment requests made using your debit or credit card stored with us by simply selecting the faster checkout saved card and clicking the “Make Payment” or “Pay Now” button.
One Tap feature may be divided in two parts:
Faster Checkout option: When you enter your debit card/debit card details for the first time while making a payment, we will provide you an option to save such card details for faster checkout. If you select the ‘store card’ option (now called ‘faster checkout’ option), you understand and agree that we will save your card details in a manner compliant with our PCI DSS certification.
The next time you make a payment using the Services, you will not be required to enter your saved card details. You can simply click on the saved card, while making a payment request and your payment instructions will be sent to the Payment System Providers for authentication, authorization and processing.
While the faster checkout option is available on all Payinstagatemoney Sites, the second part ‘auto-read OTP’ option is currently only available on your mobile application.
Auto-Read of One Time Password (“OTP”)
OTP is a one-time password, which is provided by your issuing bank in order to carry out the second factor authentication of your debit/credit card. If you register for our ‘One Tap’ feature, you understand that we will be able to retrieve your OTP from the message received on your mobile and populate and submit the OTP on the issuer’s page for second factor authentication of your debit/credit card.
In order to avail the entire ‘One Tap’ feature, you may go to the settings page of your Payinstagatemoney Account and activate the same.
You understand that you have agreed to select the ‘One Tap’ feature in whole or in part at your own risk and for your convenience. You agree that we are only acting as your technology intermediary and eliminating the need for you to manually enter your card details or OTP. All information and instructions received from your Payinstagatemoney Account will be deemed to have been authorized by you and we shall not be liable for any unauthorized use of your Payinstagatemoney Account or any unauthorized transactions made using the whole or any part of the ‘One Tap feature’.
It is to be clarified that the ‘One Tap’ feature doesn’t avoid the two-factor authentication system, it only provides a technology platform which eliminates the need of manual typing of card details and OTP by you. We emphasize that we are not involved in the authentication, authorization and processing of you payment request and only facilitate you in sending such payment instruction to the Payment System Provider.
In the event that your device (mobile, tablet, laptop, etc.) is stolen/lost or your suspect any unauthorized use of your Payinstagatemoney Account, please ensure you go to the settings page of your Payinstagatemoney Account and de-activate the ‘One Tap’ feature immediately. You should also inform us of the same after de-activation at [email protected] In the event that you have de-activated the ‘One Tap’ feature and informed us of the same and thereafter an unauthorized transaction is made, we will take responsibility for the same provided that you provide us with adequate information that the transaction was not made by you or any person that you know. We shall determine that legitimacy of the claim at our sole discretion.
For further instructions on how you can protect yourself from any misuse or unauthorized use of your Payinstagatemoney Account and the ‘One Tap’ feature, please carefully read the entire Terms and Conditions provided herein with special emphasis on clause 13 below.
Unauthorized access to your financial information: To help prevent unauthorized access to your personal financial information, You agree to:
(a) maintain the security of your account by not sharing your password with others and restricting access to your account on your computer or mobile or other device;
(b) ensure that you logout from your Payinstagatemoney Account each and every time you use it;
(c) ensure that you have a lock such as a pattern lock, password protection, etc. on your device and not leave your computer or mobile or other device unattended or unlocked; and
(d) take responsibility for all activities that occur under your Payinstagatemoney Account and accept all risks of unauthorized access. If you believe your password or devices has been lost or stolen, or if you suspect any fraudulent activity, please immediately de-activate the ‘One Tap’ feature as detailed above and report this to us immediately at [email protected]
You are solely responsible for any unauthorized access to your personal or financial information that result from your failure to properly follow the Security Procedure detailed in these Terms and Conditions. Payinstagatemoney will not be liable for any loss, damage or other liability arising from your failure to comply with the terms and conditions herein or from any unauthorized access to or use of your Payinstagatemoney Account. We will also have no liability and you agree to assume all risk of loss that arises out of or relates to any loss or theft of your device or any information contained within any device.
Risks: The use of a device such as mobiles, tablets and laptops involves risks as also does the usage of internet. For example, sensitive personal information or financial data that is transmitted from or to a device or internet may be intercepted and used by third parties without your knowledge. Viruses, spyware and other “malicious code” can also be downloaded to your devices without your knowledge. By using a device and internet to access the Sites, you assume all of those risks and agree that we will have no liability whatsoever to you for any loss or theft (including identity theft) occurring as a result of such risks.
PCI DSS AND ISO Certification: We provide Payment Card Industry (PCI) Data Security Standard (DSS) certified Level 1 and ISO 27001 certificated services. We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Encryption: Data transferred via the Sites is encrypted in an effort to provide transmission security. Notwithstanding our efforts to ensure that the Sites are secure, you acknowledge that mobile transmissions and the Internet are inherently insecure and that all data transfers, occur openly and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing our Sites will not be monitored or read by others.
Additional Security Procedures: We may from time to time use reasonable additional or alternative procedures to ensure the security and confidentiality of your payment transactions through our Sites. At all times you agree to comply with all security procedures we may impose in connection with your use of the Sites. You agree that all security procedures we use are commercially reasonable, and to the extent allowed by law, you assume all risk of loss for unauthorized transactions where we have followed our then-current security procedures.
Duty of Reasonable Care: We will exercise good faith and reasonable care in processing your transactions in accordance with these Terms and Conditions. You will similarly exercise good faith and reasonable care in:-
(i) using the Sites,
(ii) observing and maintaining security procedures,>
(iii) communicating with us, and>
(iv) In reviewing your transaction records for any errors or discrepancies.
Dropped calls, lost signals: If the internet connection to your device is interrupted or disconnected at any time before signing off, you must confirm that your payment requests have been received by us. We are not responsible for disconnections or interruptions in service or for failing to complete any payment request that we have not received as a result of any disconnection or interruption of the internet connection on your device.
Compatibility: The protocol that we use may be different from that used by your device or internet carrier. We make no representations or warranties that your device or any carrier will be compatible with our system requirements or otherwise allow you to make payment requests using the Sites.
From time to time, we may include new and/or updated pre-release features and trial use (“Sneak Preview” features) in Services for your use and which permit you to provide feedback. You understand and agree that your use of Sneak Preview features is voluntary and we are not obligated to provide you with any Sneak Preview features or any notification of the same. Additionally, we may revoke services provided under the Sneak Preview feature at any time. Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions we may place on them. You understand that once you use the Sneak Preview features, you may be unable to revert to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Sneak Preview feature back to the earlier version. The Sneak Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk.
All obligations with respect to the delivery of goods and services and/or acknowledgement of payment will be solely that of the Merchant/Biller and not of Payinstagatemoney. Notwithstanding the dispute resolution assistance provided by Payinstagatemoney, all disputes regarding quality, merchantability, non-delivery, and delay in delivery or otherwise will be directly between you and the Merchant/Biller without making us and/or the Payment System Providers, a party to such disputes.
We make no representations or guarantees regarding Merchants/Billers utilizing our Services. Use of our Services in no way represents any endorsement by us of a Merchants/Billers existence, legitimacy/legality, ability, policies, practices, beliefs as well as the Merchants/Billers goods and services or reliability. The Merchant alone will be responsible to you and we will not have any responsibility or liability towards you in this respect.
The relationship between us and the Merchants/Billers is on principal-to-principal basis. We have no connection or interest of whatsoever nature in the business of the Merchants/Billers or the goods/services offered / marketed by the Merchant/Biller. We do not in any manner take part in their business, directly or indirectly and are nowhere concerned or connected to the revenue of the Merchants/Billers. We will only provide payment aggregator and collection services to the Merchant/Buyer in our capacity as an intermediary. For the use of our services, the Seller pays us Fees as posted on our website and we nowhere connected or concerned about the revenues of the Seller or the Payment System Providers.
Further it is not our responsibility to monitor in any manner the use of the payment mechanisms by you for purchasing goods and services from the Merchant or aiming your bill payment to the Billers. You are using the payment mechanisms at your sole option and risks.
We grant you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense or assign, to electronically access and use the Services solely to access and use the Services for their intended purpose of enabling you to instruct a payment transaction, view your Payinstagatemoney Account dashboard and use other valued added services. You will be entitled to download updates to the Services, subject to any additional terms made known to you at the time, when we makes these updates available. All other uses are prohibited.
While we want you to enjoy the Services subject to these Terms and Conditions, you should not yourself or permit any third party to do any of the following:
Any use of the Services other than as specifically authorized herein may result in, among other things, termination or suspension of your right to use the Services. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, and will continue until such time as you cease to use or access the Services or your use or access to the Services is terminated by us.
The Service are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. We own the title, copyright and other worldwide intellectual property rights in the Services and all copies of the Services. In addition, this Agreement does not grant you any rights to the intellectual property rights in the Services;
In addition, "Payinstagatemoney", "Payinstagatemoney.com", "Payinstagatemoney Destination", “Payinstagatemoney Application”, “Payinstagate Biz”, and any other name, brand name, logo, wordmark, trademark, service marks, slogan of Payinstagatemoney are trademarks of Payinstagatemoney or of our affiliates, group company, service providers, etc. and should not be copied, imitated or used, in whole or in part, without our prior written permission or the applicable trademark holder.
You should not use any metatags or any other "hidden text" utilizing "Payinstagatemoney" or any other name, trademark or product or service name of Payinstagatemoney without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, the service mark, user interface, trademark and/or trade dress of Payinstagatemoney and may not be copied, imitated or used, in whole or in part, without our prior written permission.
Nothing contained herein authorizes you to use or in any manner exploit any intellectual property rights of ours or our affiliates, group companies, service providers, the Payment System Providers, without our prior written consent, expect where consent is already provided under these Terms and Conditions.
You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Service or our products. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
Coupon redemption is purely subjected to standard and specified terms and conditions mentioned by the respective issuer of the coupon. Coupons are issued on behalf of the respective issuer of coupons. We cannot be held liable for any damages, injuries, losses incurred by the end you by use / non-use of such coupon.
If you avail any offers, discounts, cashbacks, coupons and you programs, etc. (“Offers”) provided by us or our partner, you are agreeing to comply with and accept the terms and conditions provided in respect of such Offers. Further, you understand that all terms and conditions provided with respect to any Offer shall form part of this Agreement and shall be read in conjunction with this Agreement.
We may from time to time provide automatic alerts and voluntary Payinstagatemoney Account or payment related alerts. Further automatic alerts may be sent to you following certain changes to your Payinstagatemoney Account or information, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Services. We may add new alerts from time to time, or cease to provide certain alerts at any time upon our sole discretion. Each alert has different options available, and you may be asked to select from among these options.
By accepting te terms and conditions and/or using the Services, you accept that we may send the alerts to your registered mobile phone number and/or registered email id. You acknowledge that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then you may not get / get after delay any alerts sent during such period.
Electronic alerts will be sent to the email address provided by you as your primary email address for the Services. If your email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
We will make best efforts to provide the Service and it shall be deemed that you shall have received the information sent from us as an alert on your registered mobile phone number or email id and we shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold us liable for non-availability of the service in any manner whatsoever.
You acknowledge that the SMS service or email service provided by us is an additional facility provided for your convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event you observe any error in the information provided in the alert, you shall immediately inform us about the same. We will make best possible efforts to rectify the error as early as possible.
You further acknowledge that the clarity, readability and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. We shall not be responsible for any non-delivery, delayed delivery or distortion of the alert or for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert in any way whatsoever.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your user name and some information about your Payinstagatemoney Accounts. Depending upon which alerts you select, information such as a Payinstagatemoney Account balance or the due date for your bill payment may be included. Anyone with access to your email will be able to view the content of these alerts.
You agree to indemnify and hold us harmless and the SMS/email service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which we and the SMS/email service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of
(i) misuse, improper or fraudulent information provided by you, and/or
(ii) you providing incorrect number or providing a number that belongs to that of an unrelated third party.
You also agree to receive information regarding what we perceive to be of your interest based on your usage history via SMS, email & phone call. This includes offers, discounts and general information.
By accepting the terms and conditions you acknowledge and agree that Payinstagate may call the mobile phone number provided by you, while registering for the Service or to any such number replaced and informed by you, for the purpose of collecting feedback from you regarding the Services.
Grievances and claims related to Services should be reported to Payinstagatemoney Care Team in the manner provided on the website.
You understand that you may be charged a fee with respect to your use of the Services. Further, we may also charge a fee with respect to certain optional valued added services that you elect to use. The amount of the fee will be displayed to you on the payment page. You agree to pay all such fees and charges as may be applicable to the Services you use and authorize us to add the fee to the amount of the bill payment you request or bill you separately for such fees. We agree and accept that reserve the right to change the fee structure from time to time.
If there is no activity in your Payinstagatemoney Account (including access or payment transactions) for a period of six (6) months, we may close your Payinstagatemoney Account.
Your privacy is very important to us. Upon acceptance of these Terms and Conditions, you confirm that you have read, understood and accepted our Privacy Policy.
Our Right: We reserve the right, without notice and in its sole discretion, to terminate your access to, and use of, of the Services and to block or prevent your future access to, and use of, the Services. Upon termination, you must uninstall any copies of the Services from your computer and/or mobile or other devices. We will not be liable to you for the termination of the Services or for any consequence arising out of termination of the Services.
Your Right: You may terminate this Agreement by closing your Payinstagatemoney Account at any time. Upon closure of a Payinstagatemoney Account, any pending transactions will be canceled.
Force Majeure: We will have to the option to suspend or terminate this Agreement and the Services with immediate effect on the occurrence of a force majeure event.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or any termination or suspension of the Services. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you to us, and/or the Payment System Providers as provided in this Agreement.
The Services are provided on an "as is" and "as available" basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Without limiting the foregoing, we, Payment System Providers, and its processors, (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that the content is accurate, reliable, correct or error free; that the Services will meet your requirements; that the Services and the Payment System Providers' payment mechanism will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Services is free of viruses or other harmful components; that the hyperlinks will function properly at all times; at any particular time, that information on the Services will at all times or at any particular time be correct, complete or timely; or that all portions of the Services are secure. We further make no warranty with regards to the products or services that are paid for with the Services or the time or date in which scheduled payments are completed with the Services.
Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your property or loss of data that results from such download. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty not expressly stated herein.
We will not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of access to payment gateway; interruption or stoppage Payinstagatemoney Sites; non-availability of connectivity links/hyperlinks.
Our sole obligation and your sole and exclusive remedy in the event of interruption in Services or loss of use and/or access to Services, will be to use all reasonable endeavours to restore the Services and/or access as soon as reasonably possible.
The Services are controlled and operated from and in India. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian laws, rules, regulations, guidelines including but not limited to export and import regulations and RBI regulations. You should not use the Service if you are a resident of a country embargoed by the India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in India.
You agree to defend, indemnify and hold harmless Payinstagatemoney, our independent contractors, Payment System Providers and our directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to
(a) any actual or alleged breach of these Terms and Conditions or any other terms, policies or guidelines provided by us, Payment System Providers or Card Associations;
(b) any actual or alleged violation of applicable laws or rules of any payment card association, network or company;
(c) your wrongful or improper use of the Services; or (d) your violation of the rights of any third party.
In no event shall we, our directors, employees or agents, be liable to you for any direct, indirect, incidental, consequential, punitive, special or exemplary damages or for any damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use or inability to use the Services, including without limitation any damages caused by or resulting from reliance by you on any information obtained from us or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to our records, programs or services.
In no event shall our aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use or inability to use the Services exceed any fee, you pay to us, if any, to access or use the Services.
In addition, we shall not be liable for errors you make in using the Service, including the following:
- you erroneously direct us to submit a payment instructions to a Merchant/Biller multiple times;
- you direct us to submit the wrong amount to a Merchant/Biller;
- you direct us to submit a payment instruction for a wrong Merchant/Biller; or
- you provide us with incorrect or incomplete information.
Any of the above issue(s) needs to be taken up directly with the Merchant/Biller.
You understand and acknowledge that we do not have control of, or liability for, the goods or services that are paid for via the Service.
Your liability: Except as otherwise provided by law, you will be liable for any loss or damage resulting from your breach of this Agreement or you negligence, or which resulted from unauthorized, fraudulent, or dishonest acts by others (other than us). You are liable for all payments that you make or which are made or requested under your Payinstagatemoney Account, even if that payment is unauthorized.
Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply. You agree that, if you are dissatisfied with the Services or any portion thereof, your exclusive remedy shall be to stop using the Services.
This Agreement will be governed by and construed in accordance with the laws of India. You agree that any legal action or proceedings arising out of this Agreement may be brought exclusively in the competent courts/tribunals having jurisdiction in New Delhi in India and irrevocably submit themselves to the jurisdiction of such courts / tribunals.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. We may also change the Services, including applicable fees, in our sole discretion. If you do not agree to the changes, you may stop using the Services. Your use of the Services, after implementation of the change(s) will constitute your agreement to such change(s). You agree that we shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
We may modify these Terms and Conditions from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
We may display third party content or advertisements through the Services and may provide links that will take you to web pages and content of third parties that are not under our control (collectively, "Third Party Content"). We make no representation, warranty, promise or guarantee whatsoever concerning any aspect of any Third Party Content, including without limitation regarding its accuracy or completeness. You agree that your use of all Third Party Content is entirely at your own risk. We provide Third Party Content solely as a convenience to you, and the provision of such a link is not an endorsement by us of any aspect of the Third Party Content. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review any Third Party Content.
Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. If you browse and interact on any other website, including those that have a link on our website, this will be subject to that website's own rules and policies.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you. We may assign, in whole or in part, the benefits or obligations of this Agreement. We will provide an intimation of such assignment to you, which will be binding on the parties to these Terms and Conditions.
We will not be liable for failure to perform under this Agreement as a result of any event of force majeure like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or state, central governments, change in laws, rules and regulations, affecting our and/or the Payment System Providers performance.
Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under these Terms and Conditions will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under these Terms and Conditions will prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
The terms and provisions of these Terms and Conditions that by their nature and content are intended to survive the performance hereof by any or all parties hereto will so survive the completion and termination of this Agreement.
If any provision of these Terms and Conditions is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision will apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions of these Terms and Conditions unlawful or otherwise ineffective, the remainder of these Terms and Conditions will remain in full force and the unlawful or otherwise ineffective provision will be substituted by a new provision reflecting the intent of the provision so substituted.
It is agreed and clarified that this Agreement is on a non-exclusive basis and the Parties are at liberty to enter into similar terms and agreements with others.
All notices, requests, demands, waivers and other communications required or permitted to be given under these Terms and Conditions will be in writing to be sent to the following addresses:
For Payinstagatemoney:
Attn: Legal Department
Payinstagate Payments Private Limited,
9th Floor, Bestech Business Tower,
Sector 48, Sohna Road,
Gurgaon 122001, Haryana
Or [email protected]
For you: To the name and address provider for at the time of registration.
Or, in each case, at such other address as may be specified in writing to the other parties in accordance with the requirements of this clause. All such notices, requests, demands, waivers and other communications will be deemed duly given
(i) if by personal delivery, on the day after such delivery,
(ii) if by certified or registered mail, on the tenth day after the mailing thereof,
(iii) if by courier service or similar service, on the day delivered, or
(iv) if emailed, on the day following the day on which such email was sent, provided that a copy is also sent by registered mail.
IMPORTANT: This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy Wallet terms and conditions for access or usage of Payinstagatemoney Wallet issued by RBL through Payinstagatemoney Site.
Before you use your Payinstagatemoney Wallet – issued by RBL Bank, please read these TERMS & CONDITIONS carefully. By using the Payinstagatemoney Wallet – issued by RBL Bank, you are accepting the Terms and Conditions set out below and will be bound by them. Unless the context requires otherwise the terms defined shall have the same meaning attributed to them herein or in the Payinstagatemoney user terms and conditions:
1.1 "Business Days" shall mean shall mean any day on which RB and Payinstagate are open for business in India.
1.2 "Customers" shall mean Payinstagatemoney Buyer using Payinstagatemoney Services.
1.3 "Merchants" shall be Payinstagatemoney Seller who uses Payinstagatemoney Services for collecting payments from the Walletholder and who are specified by Payinstagatemoney from time to time.
1.4 "Payinstagatemoney" shall mean Payinstagate Payments Private Limited, a private limited company incorporated in India under the Companies Act 1956 and having its registered office at - F-130, GF, Street No. 7, Pandav Nagar, New Delhi - 110091, Delhi, India and corporate office at 9th Floor, Bestech Business Tower, Sector 48, Gurgaon-122001, Haryana, India, who as the co-brand Partner will market & distribute the Wallet through its Payinstagatemoney Site to its selected customers / employees / affiliates / merchant partners/ any other individuals for making payments to them OR collecting payments from them through the prepaid Card instruments.
1.5 "Payinstagatemoney Wallet issued by RBL Bank" (also termed as Wallet ') means a semi closed prepaid payment instrument (issued by RBL Bank and which is co-branded with Payinstagatemoney in the form of a virtual Wallet. The Wallet shall function as a prepaid payment instrument, which will be issued by the Bank on Payinstagatemoney Site: www.Payinstagatemoney.com and only be used on the Payinstagatemoney Site to make payments for goods and services purchased from Merchants as specified on the Payinstagatemoney Site or for transfer of funds from one Walletholder's Wallet to another Walletholder's Wallet or for any such other reasons as mutually agreed from time to time.
1.6 "Payinstagatemoney Site" shall mean website having the domain www.Payinstagatemoney.com and/or mobile application having the name Payinstagatemoney, which are owned and operated by Payinstagate Payments Private Limited through which the Bank shall issue the Wallet and Payinstagatemoney shall distribute the Wallet and enable obtaining instructions from Walletholder to credit funds in and / or utilize funds from the Wallet.
1.7 "RBI" shall mean Reserve Bank of India.
1.8 "RBL Bank" or "Bank" or "RBL" shall mean the Ratnakar Bank Limited, a scheduled commercial bank and having its registered office at Shahupuri, Kolhapur- 416 001 and its authorized service provider/s or agent/s engaged for this program, who will issue the Wallet through the Payinstagatemoney Site.
1.9 "Walletholder" means the Customer of Payinstagatemoney who is enrolled in relation to Wallet Services has been issued a Wallet and is authorised to use the Wallet in accordance with the terms of these Terms and Conditions.
1.10 "Wallet Services" or "Services" shall mean the Wallet services as detailed under this Agreement.
1.11 "Terms and Conditions" shall mean these terms and conditions
1.12 "Transaction" means an online purchase of Products from or making of Payments for specified purpose to a Merchant by the Walletholder using his Wallet.
2.1 All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
2.2 Words importing any gender include the other gender.
2.3 Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
2.4 All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these terms.
2.5 THESE TERMS AND CONDITIONS SHALL BE READ ALONGWITH THE PayinstagateMONEY USER TERMS AND CONDITIONS. IN THE EVENT OF ANY DISCREPANCY/CONTRADICTION BETWEEN THESE TERMS AND CONDITIONS AND THE PayinstagateMONEY USER TERMS AND CONDITIONS, THESE TERMS AND CONDITIONS SHALL PREVAIL TO THE EXTENT OF SUCH CONTRADICTION/DISCREPANCY.
3.1 The Wallet will be issued by RBL Bank to Payinstagatemoney Customers on the request of the Customer and pursuant to the Customer making an application for registration of the Wallet and agreeing to these Terms and Conditions and other applicable terms and conditions in the manner prescribed by RBL Bank and Payinstagatemoney in this regard. Provided that the Customer has fulfilled the eligibility and KYC criteria and provided all relevant information and/or documentation request by Payinstagatemoney/RBL.
3.2 A Customer desirous of opening a Payinstagatemoney Wallet issued by RBL should apply to RBL using the Payinstagatemoney Site or Merchant platforms as mentioned on the Payinstagatemoney Site and accept the Payinstagatemoney Wallet Terms and Conditions.
3.3 RBL reserves the right to reject any application made for opening a Wallet without assigning any reason.
4.1 The Services are available only to resident Indians who have attained the age of 18 years and are competent to contract. By accepting these Terms & Conditions or by otherwise using the Services or the Payinstagatemoney Site, you represent that you are an Indian resident and at least 18 years of age and have not been previously suspended or removed from the Wallet Services. You represent and warrant that you have the right, authority, and capacity to enter into these Terms and Conditions and to abide by all of the terms and conditions contained herein. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
4.2 In order to register, create and use a Wallet, RBL may require that you submit certain personal information, including but not limited to your name, mobile phone number, e-mail address, date of birth, preferred language of communication, etc. to Payinstagatemoney and RBL. You agree that the personal information you provide to RBL upon registration and at all other times will be true, accurate, current and complete. You agree to maintain and update this personal information to keep the personal information true, accurate, and complete.
4.3 You hereby authorize RBL and Payinstagatemoney, directly or through third parties, to make any inquiries that RBL may consider necessary to validate your identity and/or authenticate your identity and Wallet information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to confirm identification by furnishing KYC documentation, ownership of your email address, telephone number or financial instruments, among others. This process is for internal verification purposes.
4.4 The collection, verification, audit and maintenance of correct and updated Walletholder information is a continuous process and RBL and Payinstagatemoney reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.
4.5 RBL reserves the right to discontinue the Services/ reject applications for Payinstagatemoney Wallet Services at any time if there are discrepancies in information and/or documentation provided by you or if the information/documentation provided by you is found to be incorrect or wrong. In addition, in such an event, RBL reserves the right to forfeit the balance therein.
5.2 The said Wallet is valid for use only in India in Indian Rupees.
5.3 The Services or any Walletholder's Wallet is not transferable.
5.4 The amount that can be deposited in the Wallet is governed by policies laid down by RBI. These involve monthly limits, transaction limits as well as balance limits on the Wallet.
5.5 The maximum monetary value that can be stored and utilized in a month in the Wallet is INR 20,000/-(Rupees twenty thousand only).
5.6 These limitations stated herein above may be reviewed and modified at the discretion of RBL without prior intimation to the Walletholder.
5.7 The Walletholder shall be able to use the Wallet only to the extent of the amount loaded onto the Wallet.
5.8 The Wallet shall be activated subject to the desired amount being loaded on the Wallet.
5.9 The Walletholder or any other person permitted to load the Wallet may credit the Payinstagatemoney Wallet through any of the methods prescribed from time to time (please see Clause 7).
5.10 The facility of online purchase of Products as mentioned on the Payinstagatemoney Site from Merchant using Wallet, balance transfer from one Wallet to another, domestic Remittance facility to transfer funds to source or bank account transactions shall be available on the Wallet. Such functionalities can be added or modified at the sole discretion of the RBL (please see Clause 8).
5.11 No cash withdrawal or cash remittance is permissible on the Wallet.
5.12 The Walletholder is permitted to maintain and operate only one Wallet. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Wallets associated with the Walletholder.
5.13 RBL may further as per its discretion introduce appropriate controls over the usage of the Wallet.
6.1 The Wallet may be used through Payinstagatemoney Sites, or third party Merchant platforms authorised by Payinstagatemoney and RBL.
6.2 The Walletholder shall at all times ensure that the Wallet credentials are kept safe and shall under no circumstances whatsoever allow the Wallet to be used by any other individual. The Walletholder shall be responsible for all facilities granted by RBL Bank and for all related charges and shall act in good faith in relation to all dealings with the Wallet and RBL Bank.
6.3 The Walletholder is responsible for the security of the Wallet and shall take all steps towards ensuring the safekeeping thereof. The Walletholder shall not disclose his/her/its password to anyone verbally or in writing nor record it elsewhere.
6.4 The Walletholder will be liable for all charges incurred on the Wallet until the Wallet is reported for closure. RBL and Payinstagatemoney shall not be liable for any hacking or unauthorized use of the Wallet and it shall be the sole responsibility of the Walletholder to ensure privacy and confidentiality of Wallet details. The Walletholder shall, within 48 hours, intimate to Payinstagatemoney and/or RBL of the occurrence of any fraud.
6.5 In case of any dispute relating to the time of reporting and/ or transaction/s made on the Wallet or any other matter in relation to the said Wallet, RBL Bank shall reserve the right to ascertain the time and/ or the authenticity of the disputed Transaction.
6.6 The Walletholder shall inform Payinstagatemoney and RBL Bank in writing within 15 days, if any irregularities or discrepancies exist in the Transactions/ particulars of the Wallet on any Statement / records that is made available to the Walletholder. If Payinstagatemoney or RBL Bank does not receive any information to the contrary within 15 days, it shall assume that the Statement and the transactions are correct. All records maintained by RBL Bank or Payinstagatemoney, in electronic or documentary form of the instructions of the Walletholder and such other details (including but not limited to payments made or received) pursuant to the Terms and conditions herein, shall as against the Walletholder, be deemed to be conclusive evidence of such instructions and such other details.
6.7 The Walletholder may only use the Services for Transactions with the approved Merchants using Payinstagatemoney Services.
6.8 The Walletholder must ensure the availability of sufficient funds before executing any transaction from the Wallet.
6.9 The Walletholder shall intimate Payinstagatemoney and/or RBL about change in any information, including but not limited to change mobile number, email id, etc. within 1 (one) week along with such proof of change.
6.10 The Walletholder agrees to adhere to all applicable laws and all such regulations, guidelines and rules prescribed from time to time by RBL, Payinstagatemoney, RBI and any other regulatory body.
6.11 The Walletholder agrees that he will not use the Wallet for payment of any illegal/unlawful purchases/purposes.
6.12 The Walletholder understands that the Wallet is issued, loaded, withdrawn, terminated, closed down, suspended by RBL. Payinstagatemoney shall under no circumstance be liable for the same.
6.13 The Walletholder shall be bound to comply with the terms and conditions and all the policies stipulated by RBL Bank from time to time in relation to the Wallet . RBL Bank may, at its sole discretion, refuse to accept the application or to issue Wallet to the Walletholder.
6.14 The Walletholder shall not use the Services for any purpose that might be construed as contrary or repugnant to any applicable laws, regulations, guidelines, judicial dicta, Payinstagatemoney policies, RBL policies or public policy or for any purpose that might negatively prejudice the goodwill of Payinstagatemoney or RBL.
6.15 The Walletholder shall accept full responsibility for wrongful use of the Wallet and which is in contravention of these terms and conditions. The Walletholder shall indemnify RBL and/or Payinstagatemoney to make good any loss, damage, interest or any other financial charges that RBL or Payinstagatemoney may incur and or suffer whether directly or indirectly as a result of the Walletholder committing violations of these terms and conditions.
6.16 RBL reserves the absolute discretion and liberty to decline or honor the authorization request on the Wallet without assigning any reason thereof.
6.17 The Walletholder acknowledges and understands that the Services are linked to internet connection (and in case of Payinstagatemoney mobile application – mobile phone connection) and RBL and Payinstagatemoney shall not be responsible for any loss or interruption of the Services,
6.18 The Walletholder acknowledge and understand that the information submitted by the Walletholder for availing the Services or information submitted while using the Services may be shared with third parties inter alia, to facilitate the provision of the Services.
6.19 RBL through Payinstagatemoney may request the Walletholder to submit additional KYC information/documents as part of ongoing monitoring and due diligence.
6.20 RBL and Payinstagatemoney may at their sole discretion, utilize the services of external service providers/or agents and on such terms as required or necessary, in relation to its products/services.
7.1 You can use multiple funding sources for depositing/loading money in his the Wallet. These sources could be but not limited to Cash, Credit Cards, Debit Cards, Net Banking, and Transfer from another Wallet.
7.2 The Wallet may also be loaded by transfer of refund money of transactions made using Payinstagatemoney Services (online payment gateways or loading of incentives such as cash back, gifts, etc by Payinstagatemoney or Merchant or loading by third parties or corporate of gifts or incentives etc or such other manner as is acceptable to RBL Bank.
7.3 Such funds shall be loaded on the Wallet after deduction of the applicable Charges/ Fees etc. payable by the Walletholder to RBL Bank for availing the said Wallet facility.
7.4 In order to manage risk, RBL may limit the funding sources available for your use to fund any particular transaction. For example, RBL may limit your funding sources for a particular transaction to debit cards or your net banking account.
7.5 Payinstagatemoney and RBL will monitor each deposit made into your Wallet to monitor high-risk & fraudulent transactions. If your deposit is classified as a high-risk transaction or is suspected of fraud, RBL will place a hold on the deposit and may ask you for more information on you and your funding source. Payinstagatemoney and/or RBL will conduct a review and according RBL will either clear or cancel the deposit. If the deposit is cleared, Payinstagatemoney will notify you and update your Wallet. Otherwise, RBL will cancel the deposit and the funds will be forfeited. The said funds will be refundable only to source account upon valid demand raised by holder of source account. Payinstagatemoney will notify you by email and/or in the account history tab of your Wallet if the deposit is canceled.
7.6 When you make a deposit, you are liable to RBL for the full amount of the deposit plus any fees, if the deposit is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the deposit, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the deposit. If the owner of the funding source of a deposit later disputes the deposit or files a claim for a chargeback, the debit or credit card issuer or the originating bank, or RBL/Payinstagatemoney, will determine whether the dispute is valid and to whom payment is due. You agree to allow RBL/Payinstagatemoney to recover any amounts due to RBL/Payinstagatemoney by debiting your Wallet balance. If there are insufficient funds in your account to cover your liability, you agree to reimburse Payinstagatemoney/RBL through other means. If Payinstagatemoney/RBL is unable to recover the funds from your primary funding source, Payinstagatemoney and RBL may attempt to contact you and/or recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law. In addition, RBL/Payinstagatemoney may suspend or terminate your Wallet.
8.1 Walletholder's can choose to use the funds available in their Wallet to purchase Products from Merchants using Payinstagatemoney Services.
8.2 If the Walletholder is unsatisfied with the service provided by the Merchant or hasn't received goods promised by the Merchant then the Walletholder can raise a dispute with Payinstagatemoney after first raising and failing to get redressal of his grievance from the concerned merchant. The dispute will be governed by the Payinstagatemoney terms and conditions.
8.3 The Walletholder may also partially pay for the Products offered by the Merchant from its Wallet and pay the remaining amount using other payment mechanism such as debit card, credit card, netbanking, etc provided by Payinstagatemoney. The usage of other payment mechanisms provided by Payinstagatemoney shall be governed by Payinstagatemoney terms and conditions.
9.1 Walletholder can choose to withdraw the funds available in his Wallet to the source from which the payment loading originating or to a linked bank account.
9.2 In the event Payinstagatemoney is unable to transfer the funds back to source, Payinstagate will provide you an option to transfer the funds to your bank account by way of NEFT. For NEFT you need to provide the bank account details in the format provided. A charge of 2.5% (Including GST) shall be applicable for transfer of such funds through NEFT.
9.3 Payinstagatemoney/RBL reserves the right to delay withdrawals while screening for risk, or request you provide additional information to verify your identity and may limit the amount you can withdraw until the information is verified.
9.4 Any withdrawal found to be suspicious will be held back and reversed into Wallet. The Wallet will also be suspended for operations and no transactions will be possible pending an investigation. A notification will be given to you if you are the subject of an investigation. If you are able to provide a justification for the withdrawal to the satisfaction of RBL/Payinstagatemoney, your account will be removed from suspension and you would be free to transact using your Wallet.
9.5 In the case of no information being provided by you for a suspended Wallet – the Wallet will continue to be suspended till its validity and the amount will be forfeited as required by RBI.
10.1 RBL reserves the right to suspend/discontinue the Services at any time, for any cause, including, but not limited, to the following:
a. for any suspected discrepancy in the particular(s), online application, documentation provided by the Walletholder;
b. suspected or potential fraud;
c. sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
d. if the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
e. if the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
f. for any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in herein;
g. if RBL believes, in its reasonable opinion, that cessation/ suspension is necessary.
11.1 Walletholder has the option to close the Wallet at any time. The closure of such Wallet may be communicated to Payinstagatemoney/RBL over email at [email protected]; or in written ATTN: Payinstagatemoney Care, Payinstagate Payments Private Limited, 9th Floor, Bestech Business Tower, Sector 48, Gurgaon-122001, Haryana, India.
11.2 All the Wallets including multiple Wallets if any will be terminated basis the written request. Termination will be effective after payment of all amounts outstanding on the Wallet. No annual, joining or renewal fees shall be refunded on a pro-rata basis.
11.3 RBL Bank may also restrict, terminate or suspend the use of Wallet at any time without prior notice if Bank reasonably believes it necessary for business or security reasons. The Wallet must not be used after these Terms and Conditions end or while use of Wallet is suspended.
11.4 RBL Bank shall, upon adequate verification, block/suspend/close the Wallet and terminate all facilities in relation thereto during working hours on a working day following the receipt of such intimation and shall not be liable for any inconvenience caused to the Walletholder in this regard.
11.5 There is no expiry date for the Wallet. However, any value in the wallet must be utilized: (a) within 6 (six) months from the date of the last Transaction or (b) within 6 (six) months from the date of activation of the Wallet; whichever is later.
11.6 Any value in and Wallet which is not utilized or withdrawn in the aforesaid manner may stand forfeited at the discretion of RBL. Payinstagatemoney/RBL will send 30 days advance communication to Walletholder before any forfeiture of outstanding amount in the Wallet by SMS at the mobile number and/or email id which is provided for use of the Services. It is the responsibly of the Walletholder to ensure that the information provided by the Walletholder including the email id and the mobile number is updated at all times.
11.7 In addition RBL or Payinstagatemoney may, at any time, with or without notice, at its absolute discretion, terminate the Wallet. RBL or Payinstagatemoney may also restrict or suspend the use of Wallet at any time without prior notice if Bank reasonably believes it necessary for business or security reasons.
12.1 Walletholder will be liable for all Transactions and for the related charges.
12.2 Walletholder accepts that at his request and risk RBL/Payinstagatemoney has agreed to provide him the Wallet & accepts full responsibility for all Transactions recorded by use of his Wallet.
12.3 An instruction given by means of the Wallet shall be irrevocable.
12.4 Walletholder shall, in all circumstances, accept full responsibility for the use of the Wallet, whether or not processed with his knowledge or his authority, expressed or implied.
12.5 Walletholder irrevocably authorizes RBL/Payinstagatemoney to debit the amounts utilized by using the Wallet for Transactions from his Wallet.
12.6 Walletholder should hold RBL/Payinstagatemoney indemnified and harmless for its actions in good faith and in the normal course of business based on Transactions.
12.7 RBL/Payinstagatemoney will employ its best efforts in carrying out the Transactions but will not incur any liability either to the Walletholder or any other person for any reason whatsoever including for its delay or inability to carry out a Transaction or an instruction.
12.8 RBL/Payinstagatemoney reserves the right at any time to charge the Walletholder any fees/ charges for the transactions carried out by using your Wallet. Details of applicable fees and charges can be obtained from Payinstagatemoney Site and are subject to change from time to time.
12.9 Any government charges, or debits, or tax payable as a result of the use of Wallet shall be Walletholder's responsibility.
12.10 Amounts due and payable by Walletholder, if not paid separately shall be recovered by RBL from the funds available in the Wallet Amount.
12.11 RBL/Payinstagatemoney may at its sole discretion withdraw or suspend any Wallet or amend any of its features without notice to the Walletholder.
12.12 RBL/Payinstagatemoney shall have discretion to not allow the Walletholder to carry out a transaction where it has reason to believe that the use of Wallet is not authorized or the Transaction appears not genuine or unclear or such as to raise a doubt.
12.13 RBL/Payinstagatemoney, at their discretion, reserves the right to either temporarily or permanently withdraw the privileges on the instrument and/or cancel the instrument at any time without giving any notice or assigning any reason thereof. In case of temporary withdrawal, the privileges may be reinstated by RBL/Payinstagatemoney as deemed fit.
13.1 In consideration of RBL and Payinstagatemoney providing the Walletholder with the facility of the Wallet, the Walletholder hereby agrees to indemnify and keep RBL and Payinstagatemoney indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses whatsoever which RBL or Payinstagatemoney may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of directly or indirectly providing the Walletholder the said facility of the Wallet or by reason of RBL Bank's or Payinstagatemoney's acting in good faith and taking or refusing to take or omitting to take action on the Walletholder's instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Walletholder; breach or noncompliance of the rules/ terms and conditions relating to the Wallet or fraud or dishonesty relating to any transaction by the Walletholder.
13.2 Without prejudice to the foregoing, RBL Bank and Payinstagatemoney shall be under no liability whatsoever to the Walletholder in respect of any loss or damage arising directly or indirectly out of:
a. Any issue emerges post availing the Products from merchant;
b. The refusal to honor or to accept the Wallet;
c. The malfunction of any computer/POS terminal;
d. Effecting transaction instructions other than by a Walletholder;
e. Handing over of the Wallet credentials by the Walletholder;
f. The exercise by RBL Bank of its right to demand and procure the surrender of the Wallet prior to the expiry, whether such demand and surrender is made and/ or procured by RBL Bank or by any person or computer terminal.
g. The exercise by RBL Bank of its right to terminate any Wallet;
h. Any injury to the credit, character and reputation of the Walletholder alleged to have been caused by the repossession of the Wallet and/ or, any request for its return or the refusal of any merchant establishment to honor or accept the Wallet;
i. Any misstatement, misrepresentation, error or omission in any details disclosed by RBL Bank or Payinstagatemoney except as otherwise required by law.
j. If RBL Bank or Payinstagatemoney receives any process, summons, order injunction, execution distrait, levy, lien, information or notice which RBL Bank or Payinstagatemoney in good faith believes/ calls into question the Walletholder's ability, or the ability of someone purporting to be authorized by the Walletholder, to transact on the Wallet, RBL Bank may, at its option and without liability to the Walletholder or such other person, decline to allow the Walletholder to obtain any portion of his funds, or may pay such funds over to an appropriate authority and take any other steps required by applicable law. RBL Bank reserves the right to deduct from the balance available on the Wallet, a service charge and any expenses it incurs, including without limitation legal fees, due to legal action involving the Walletholder's Wallet;
k. In the event a demand or claim for settlement of outstanding dues from the Walletholder is made, either by RBL Bank or Payinstagatemoney or any person acting on behalf of RBL Bank, the Walletholder agrees and acknowledges that such demand or claim shall not amount to be an act of defamation or an act prejudicial to or reflecting upon the character of the Walletholder, in any manner.
l. In case of an incorrect entry (including but not limited to beneficiary details) made for bank transfer from Wallet by the Walletholder.
m. Any issues arising due to the Walletholder not providing adequate and proper intimation pertaining to change/modification in the registered mobile number of the Walletholder.
13.3 In addition, Payinstagatemoney's liability shall be limited in accordance with the Payinstagatemoney terms and conditions including any disclaimers or limitation of liability provided therein.
14.1 The Services are provided on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from RBL or Payinstagatemoney or through the Services will create any warranty not expressly stated herein. Without limiting the foregoing, neither RBL nor Payinstagatemoney, warrant that the content is accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Services is free of viruses or other harmful components. Neither RBL nor Payinstagatemoney will be liable for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of access to and/or use of the Services; interruption or stoppage Payinstagatemoney Site; non-availability of connectivity links/hyperlinks.
14.2 Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your property or loss of data that results from such download.
14.3 Neither RBL nor Payinstagatemoney warrant, endorse, guarantee, or assume responsibility for Products advertised or offered by a third party through the Services or any hyperlinked website or Service, or featured in any banner or other advertising, and neither RBL nor Payinstagatemoney will be a party to or in any way monitor any transaction between you and third-party providers of goods and/ or services.
14.4 The Services are controlled and operated from and in India. RBL and/or Payinstagatemoney makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian laws, rules, regulations, guidelines including but not limited to export and import regulations and RBI regulations. You may not use the Service if you are a resident of a country embargoed by the India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in India.
14.5 RBL/ Payinstagatemoney's sole obligation and your sole and exclusive remedy in the event of interruption in Services or loss of use and/or access to Services, will be to use all reasonable endeavours to restore the Services and/or access as soon as reasonably possible. In no event will Payinstagatemoney be liable for issuance, termination, expiry, suspension, loading/deposits, withdrawing and transfer of funds to or from the Wallet.
14.6 Payinstagatemoney/ RBL make no representations or guarantees regarding Merchants utilizing Payinstagatemoney/ RBL's Services. Use of Payinstagatemoney/ RBL's Services in no way represents any endorsement by Payinstagatemoney/ RBL of a Merchant's existence, legitimacy/legality, ability, policies, practices, beliefs as well as the Merchants Products and reliability. The Merchant alone will be responsible to the Walletholder and neither we nor anybody connected to us will have any responsibility or liability towards the Walletholder for Products purchased from the Merchant.
14.7 The relationship between Payinstagatemoney/RBL and the Merchant is on principal-to-principal basis. Payinstagatemoney/ RBL have no connection or interest of whatsoever nature in the business of the Merchant or the Products offered/marketed by the Merchant. Payinstagatemoney/RBL do not in any manner take part in the business of the Merchant, directly or indirectly.
14.8 For the use of Payinstagatemoney/ RBL's Services, the Merchant pays Fees to us as posted on our website and Payinstagatemoney/ RBL are nowhere connected or concerned about the revenues of the Merchant.
15.1 RBL Bank or Payinstagatemoney may, at their discretion, make available to the Walletholder more services on the Wallet, POS Terminals, Internet or other wise and/ or other devices through shared networks for the Walletholder's convenience and use. All fees and charges related to Transactions done by the Walletholder at these devices as determined by RBL Bank from time to time will be recovered by a debit to the balance available on the Wallet. The Walletholder understands and agrees that the shared networks may provide different functionalities and service offerings and different charges for different services. RBL Bank shall also, in its sole discretion, at any time, without notice to the Walletholder, be entitled to withdraw, discontinue, cancel, suspend/ or terminate the facility to use the Wallet and/ or services related to it, at POS Terminal/ Internet/ other devices within India and shall not be liable to the Walletholder for any loss or damage suffered by him resulting in any way from such withdrawal, discontinuance, cancellation, suspension or termination.
15.2 RBL Bank and Payinstagatemoney reserves the right to change these terms and conditions and reserves the right to modify the fees applicable to the Wallet at any time. The most current version will always appear at the website: https://www.Payinstagatemoney.com
16.1 RBL Bank reserves the right to disclose the Walletholder's information to any court of competent jurisdiction, quasi-judicial authorities, law enforcement agencies and any other wing of Central Government or State Government. The Walletholder hereby consents to sharing of their information with service providers or agencies or partners for providing services in relation to the Wallet.
16.2 Any information relating to the Walletholder is generally used to provide the Services, improve the Services and otherwise for a detailed overview of what kind of information that Payinstagatemoney or RBL collects, stores, uses, shares, please go through the privacy policy available on the company's website.
16.3 Payinstagatemoney and RBL may use the Walletholder information/data to market, advertise and notify the Walletholder of various Payinstagatemoney/RBL offerings. The Walletholder fully understands that due to use of the Walletholder of the Services and Payinstagatemoney Services through Payinstagatemoney Site, Payinstagatemoney/RBL may create or generate database in respect of such Walletholder. All rights and ownership with respect to such database shall vest with Payinstagatemoney/RBL.
16.4 The user interfaces, graphics, logos, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Service provided by the Payinstagatemoney or RBL are protected by copyright, designs, patent, and trademark laws, international conventions and other applicable intellectual property and proprietary rights of either Payinstagatemoney, RBL or third parties authorized by RBL or Payinstagatemoney.
16.5 Nothing contained herein shall authorize the Walletholder to use, apply, invade or in any manner exploit or infringe the intellectual property rights of the RBL/ or Payinstagatemoney, and the usage of the same shall be in compliance with these Terms and Conditions and such approval and policies as may be notified from time to time. In addition, Walletholder undertakes not to infringe the intellectual property rights of any third party.
16.6 The Walletholder undertakes not to infringe the intellectual property rights of RBL and/or Payinstagatemoney respectively, whether directly or indirectly through any third party. The Walletholder warrants that it shall only use the Payinstagatemoney Services, Site and Software Application and the Services for the purposes of these Terms and Conditions. Walletholder or any other person empowered by the Walletholder shall not use the Payinstagatemoney Site and Software Application and/or RBL Services and software in any form whatsoever, so as to:
a. design, realize, distribute or market a similar or equivalent software program;
b. adapt, modify, transform or rearrange the Payinstagatemoney and RBL software applications and Payinstagatemoney Site for any reason whatsoever, including for the purpose, among other things, of creating a new software program or a derivative software program;
c. allow unauthorized use of or access to the Payinstagatemoney and RBL software applications and Payinstagatemoney Site and Payinstagatemoney Site;
d. disassemble, reverse engineer, decompile, decode or attempt to decode the Payinstagatemoney and RBL software applications and Payinstagatemoney Site;
e. allow the Payinstagatemoney and RBL software applications and Payinstagatemoney Site to be disassembled, reverse engineered, decompiled or decoded; and/or
f. in any way override or break down any protection system integrated into the Payinstagatemoney and RBL software applications and Payinstagatemoney Site.
17.1 These Terms and Conditions will be governed by and be construed in accordance with the laws of India. All disputes are subject to the exclusive jurisdiction of the Courts in New Delhi, irrespective of whether any other Court may have concurrent jurisdiction in the matter. The Walletholder shall be liable for all costs associated with resolution of the dispute, legal expenses and decretal amounts with interest, should it become necessary to refer the matter to any agent or where legal resources for enforcement of rights of RBL Bank in this regard.
18.1 Any communication from RBL or Payinstagatemoney to the Walletholder will be deemed to be completed within 7 days of sending such a communication to the most recent mailing address or Email ID or mobile number available with RBL Bank
18.2 Walletholder can contact RBL Bank at any of the below mentioned points: Email to [email protected]
19.1 All fees and charges related to Wallet, as determined by RBL Bank will be recovered by a debit to the Wallet or through other means as available and applicable. The fees are not refundable. Any government charges, duty or debits, or tax payable as a result of the use of the Wallet shall be the Walletholder's responsibility and if imposed upon RBL Bank (either directly or indirectly), RBL Bank shall debit such charges, duty or tax against the Wallet.
19.2 Wallet Fees or charges applicable to Wallet are subject to change from time to time at the sole discretion of RBL Bank and Payinstagatemoney.
19.3 Details of the currently applicable fees and charges as stipulated by RBL Bank will be displayed on the website [email protected] or communicated from time to time.
| Particulars | Amount |
|---|---|
| Wallet Issuance fee | Rs. Zero |
| Zero Annual Maintenance Fee | Rs. Zero |
| Balance Enquiry | Rs. Zero |
| GST | Unless explicitly stated in this Schedule of Charges, GST as may be applicable from time to time on all fees, surcharge and other charges will be levied to the Walletholder. |
Applicable GST will be levied on the aforementioned charges. Above mentioned fees will be applicable till further notice.
RBL Bank/Payinstagatemoney may choose to waive / alter certain fee by communicating the same to the Walletholder on a case to case basis.
"Customer" shall mean Walletholder for the purpose of the Payinstagatemoney Wallet issued by RBL.
We at Ratnakar Bank Limited ("Bank") understand that excellence in customer service is the most important tool for sustained business growth. Bank's Grievance Redressal Policy articulates our objective to minimize instances that give rise to customer complaints and create a review mechanism to ensure consistently superior service behaviour.
Bank aims to offer the best in class service to its customers. However if you feel that we have fallen short of your expectations in our service delivery at any point, kindly voice your feedback, grievance and suggestions through our clearly defined Grievance Redressal Process.
In case you have not received the expected level of service from us, please contact the customer service executive of your branch or write to the Branch Manager providing complete details of the complaint, your name and account number or you could reach us on the branch contact numbers. Please click here for contact details of our branches. You would be provided an acknowledgment of your complaint along with a reference number.
Alternatively, you could also reach us on our helpline numbers 022 61156300 to 99
If you would like to inform us of your complaint via electronic mail, please click here for the Grievance Form You will receive a response from us within 10 days.
Kindly quote the reference number provided to you, should there be a need to pursue the matter further.
If you are not satisfied with the response provided to you, please escalate your grievance quoting the reference number, to the second level by contacting the Regional Nodal Officer of the Bank.
Please click here for contact details of the Regional Nodal Officer The Regional Nodal Officer will respond to you within 10 days
If the reply from Principal Nodal Officer fails to address your grievance, you may write to the Banking Ombudsman.
Please click here for the contact details of the Banking Ombudsman
Please Note: Contact details of Regional Nodal Officers, Principal Nodal Officer and Banking Ombudsman are also available at our branches.
COMPLAINTS RECEIVED AND REDRESSED 2013-2014 Click here to know more RBL Bank assigns significant importance to quick and efficient redressal of customer grievances. It has built a robust grievance redressal mechanism that ensures effective and satisfactory redressal of customer complaints.
Bank's Grievance Redressal Policy aims at minimizing instances that give rise to customer complaints by ensuring proper service delivery and creating a review mechanism to ensure consistent service behavior. Complaints received by the Bank are viewed positively and analysed for a better understanding and effectively addressing the root causes that give rise to complaints.
The Bank remains committed to service excellence and will continue to place paramount position to satisfactory and timely redressal of customer grievance.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of a computer resource.
This Merchant Agreement (“Agreement”) is a legal agreement between you (“you”, “your”) and Payinstagate Payments Private Limited (“Payinstagate”, “we”, “our” or “us”) governing your use of Payinstagate’s services whereby Payinstagate shall provide aggregate payment gateway solutions to you for selling Products (as defined below) and/or collecting money for a specified purpose (together, the “Payinstagate Services”).
When you use Payinstagate Services provided by us, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Agreement and shall be considered as part and parcel of this Agreement. The Privacy Policy and the Disclaimer form a part of this Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Agreement at any time without any prior written notice to you. It is your responsibility to review this Agreement periodically for updates / changes. Your continued use of Payinstagate Services following the posting of changes will mean that you accept and agree to the revisions.
This is an important document which you must consider carefully when choosing whether to use Payinstagate Services at any time. Please read the terms of this Agreement carefully before agreeing to it. This Agreement also highlights certain risks on using the Payinstagate Services together with guidance on how online payments through Payinstagate can be facilitated.
You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your business and your use of the Payinstagate Services.
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BEING IRREVOCABLY BOUND BY THIS AGREEMENT AND ALL OF THE TERMS SET OUT HEREIN. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED. Payinstagate WILL PROMPTLY CANCEL THE ASSOCIATION AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
Payinstagate SHALL HAVE DEEMED TO HAVE ACCEPTED THIS AGREEMENT AND THE CONTRACT SHALL ONLY BE CONSIDERED TO BE DULY EXECUTED, VALID AND BINDING AFTER THE RECEIPT OF THE REQUIRED INFORMATION FROM YOU, DUE VERIFICATION OF THE SAME BY Payinstagate AND A VERIFICATION OF THE CONTRACT BEING SENT BY Payinstagate TO YOU AS MORE SPECIFICALLY STATED BELOW.
THE CONTRACT SHALL BE DEEMED TO HAVE BEEN RECEIVED, ACCEPTED AND FORMED AT Payinstagate'S REGISTERED OFFICE, AT F-130, GF, STREET NO. 7, PANDAV NAGAR, NEW DELHI – 110091, INDIA.
This Agreement is divided into two parts. Part One explains the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement.
ONE: TERMS GOVERNING USE OF THE SERVICE
For the purpose of this Agreement:
a. "Acquiring Banks" shall mean various banks, financial institutions, Card Associations, payment system providers who are defined and licensed under the Payment and Settlement Systems Act, 2007.
b. "Acquiring Bank Services" shall mean the payment gateway system and services provided by the Acquiring Banks such as to
(i) route internet based Valid Card transactions;
(ii) offer various facilities through the internet, including Net Banking facilities;
(iii) provide Authentication and Authorization from Card Associations or other third party clearing houses; and
(iv) provide settlement facilities in respect of payment instructions initiated by the customers.
c. "Authentication" shall mean the process by which the Customer’s identification is authenticated by the Acquiring Banks.
d. "Authorization" shall mean the process by which the Issuing Institution and/or the relevant Card Association electronically or otherwise convey the approval of the charge (i.e. if the Customer has a Valid Card and/or the required credit limit/ debit limit to pay the Customer Charge requested) on a Transaction being undertaken by a Customer on your Website.
e. "Business Days" shall mean any day on which Acquiring Banks are open for business in India, other than Saturday, Sunday and any days declared by us and/or Acquiring Bank as a Holidays
f. "Card Association(s)" shall mean any of Visa, MasterCard, Visa Electron, Maestro, Diners, American Express or any other card association as may be specified by us from time to time.
g. "Card Association Rules" shall mean the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed or adopted by any Card Association.
h. "Chargeback" ” shall mean reversal of the value of the Customer Charge with respect to any Transaction, inter alia, on account of
(i) alleged forgery of the card number / bank account or other details
(ii) any charge/debit made on a card that has been listed as a hot listed card or otherwise listed on the Card association warning bulletins
(iii) duplicate processing of the transaction; or
(iv) for other reasons as per applicable rules and guidelines issued by RBI, Card Associations, Acquiring Banks and Issuing Institutions. In addition, it shall include any debit to the Payinstagate’s bank account to recover the value of the Customer Charge in the event that you have insufficient funds in the Nodal Account and/or you fail to pay for the same.
i. "Completion of Transaction" shall mean Payinstagate Completion of Transaction and/or Payinstagatemoney Completion of Transaction depending upon the Payinstagate Product opted for or if Payinstagate demands Proof of Delivery.
j. "Confidential Information" shall mean any and all written, oral or other tangible or intangible form of information, discoveries, ideas, concepts, know-how (whether patentable or copyrightable or not), research, development, designs, drawings, blueprints, diagrams, models, samples, flow charts, data, computer programs, disks, diskettes, tapes, algorithms, software programs, marketing plans or techniques, technical, financial, or business information” trade secrets which includes but is not restricted to any portion or scientific or technical or proprietary information, design, process, procedure, formula or improvement which is not generally available to the public as delivered by either Party (“Disclosing Party” to the other Party (“Receiving Party”) within the framework of this Agreement or resulting therefrom. Provided that confidential information disclosed orally or those produced by electronic media or through any other intangible means shall be deemed confidential if it is identified as being confidential if it is reduced in writing within (30) thirty days of the date of disclosure. Such writing shall specify the date, time, place, persons involved and the substance of the confidential information so disclosed.
k. "Customer"" shall mean an individual or legal entity, who/which purchases Products, offered by you on the your Website or Mobile Application or through IVR System and is directed to the Internet Payment Gateway using a Valid Card or Net Banking account or any other acceptable modes of Payment Mechanism, provided by us.
l. "Customer Bank Account" shall mean a bank account or credit/ prepaid/ cash card account of the Customer with Issuing Institution.
m. "Customer Wallet" shall mean a digital prepaid instrument authorized under the Payment and Settlement Systems Act, 2007 and held by the Customer with the Issuing Institution.
n. "Customer Charge" shall mean the sale price of the Products purchased by the Customer plus the shipping charge (if any) and all other taxes, duties, costs, charges and expenses in respect of the Products/payment that are to be paid by the Customer.
o. "Delivery" shall mean
(i) in respect of a good, delivery of the good by a courier /parcel service appointed by the you or your vendors, to the Customer within Delivery Due Date at the address specified by the Customer in this behalf; or
(ii) ) in respect of a service, delivery or performance of provisions of service within the Delivery Due Date.
p. "Delivery Due Date" shall mean the date/period displayed on the Website or otherwise notified to the Customer on or before which you shall deliver the Products to the Customer(s).
q. "EMI" shall mean equated monthly installment payment plan schemes of various Issuing Institutions which Payinstagate offers you.
r. "Issuing Institution" shall mean a bank or financial institution or other legal entity, with which the Customer has a Customer Wallet, a Net Banking account and/or which has issued the Valid Card to the Customers (explanation: except for debit card or credit card Transactions, the Issuing Institution of the Customer and the respective Acquiring Bank will be the same).
s. "IVR System" shall mean interactive voice response technology that allows the Customer to interact with the your Payinstagate hosted IVR platform through a telephone by way of telecommunication signal tone inputs on the keypad and make payments of Customer Charge through IVR dialogue.
t. "Merchant Bank Account" shall mean the bank account maintained and nominated by you for settlement of your Settlement Amount.
u. "Merchant Site" shall mean your Website or Mobile Application as detailed in the Merchant Service Form or the IVR System hosted by Payinstagate for you.
v. "Mobile Application" shall mean a software application that runs on smart phones, tablet computers and other mobile devices, the contents of which are controlled, operated and owned and established by you, for the purposes of enabling the Customers to view Products and carry out Transactions for purchase of Products, offered on the Mobile Application.
w. "Mobile SDK" shall mean proprietary mobile software development kit, a custom mobile software application and packaged Application Programming Interface codes (APIs) developed by Payinstagate.
x. "Net Banking Account" shall mean the facility and internet account provided by the Issuing Institution to Customers holding a bank account or digital wallet account with the Issuing Institutions specified by Payinstagate from time to time. Provided that the bank account is not listed in current warning or restricted bank account bulletins or notices.
y. "Nodal Account" shall mean an inoperative account held by Payinstagate with any of the banks for the purpose of pooling the monies collected from Customers on your behalf and facilitating the transfer of these funds in final settlement to you (after deducting Service Fees), pursuant to RBI notification DPSS.CO.PD.No.1102/ 02.14.08/2009-10, dated 24/11/2009 or any other RBI notifications/guidelines amended from time to time.
z. "Nodal Bank" ” shall mean the bank(s) designated by Payinstagate for the purpose of pooling the funds collected from Customers on your behalf and facilitating the transfer of these funds in final settlement to you (after deducting Service Fees), pursuant to RBI notification DPSS.CO.PD.No.1102/ 02.14.08/2009-10, dated 24/11/2009 or any other RBI notifications/guidelines amended from time to time.
aa. "One Click Checkout" shall mean the facility provided to the Customers to save its Valid Card details on the Payinstagate server to purchase the Products from the Merchant Site with a single click.
ab. "Outstanding Amount"shall mean the amount payable by you to Payinstagate, Acquiring Banks and/or Customers for any losses, costs, damages, penalties, Chargebacks, refund overdraft or credit problems suffered or incurred by the Customers, Payinstagate and/or Acquiring Banks; any fees and other payments owed to Payinstagate by you; and any claims or proceedings filed against Payinstagate and/or Acquiring Banks by the Customers or any third Party.
ac. "Payment Mechanism"shall mean the mechanism of making payment by utilizing the internet facilities of various Acquiring Banks, Card Associations, card payment systems and through such other modes and mechanisms of payment and delivery as may be notified by Payinstagate from time to time.
ad. "Payinstagate Account" shall mean the merchant account maintained with Payinstagate in order to provide the Payinstagate Services to you.
ae. "Payinstagate Services" shall have the meaning ascribed to it in Recital A provided through Payinstagate Products.
af. "Payinstagate Product" ” shall mean the Payinstagate Enterprise and/or Payinstagate Money product opted for by you, by means of which Payinstagate provides you Payinstagate Services.
ag. "Payinstagate Site" shall mean the websites provided by Payinstagate Payments Private Limited (i.e secure.Payinstagate.in and/or Payinstagatemoney.com depending upon the Payinstagate Product opted for by you) by means of which Payinstagate provides aggregative Internet Payment Gateway services/ Payinstagate Services to you and the Customers.
ah. "Products" shall mean goods and/or services offered for sale by you on the Merchant Site.
ai. "Proof of Delivery" shall mean sufficient legitimate records evidencing Delivery of the Product to the Customer (i.e. Courier Company’s delivery confirmation and delivery confirmation by the Customer).
aj. "RBI" shall mean the Reserve Bank of India.
ak. "Reserve" shall mean the interest free, refundable funds provided and replenished by you to Payinstagate from time to time.
al. "Settlement Amount" shall mean Customer Charge minus the Service Fees and any other charges/fees payable by you to Payinstagate under this Agreement.
am. "Service Fee" shall mean the fee charged by Payinstagate for providing Payinstagate Services. The Service Fee shall include bank charges, technology fee and the fee for various value added services provided by Payinstagate.
an. "Transaction" shall mean every payment request/order placed by the Customer on the Merchant Site for purchasing Products from you.
ao. "Upgraded Mobile Application" shall mean the Merchant’s Mobile Application integrated with the Mobile SDK.
ap. "Valid Card" shall mean any unexpired credit card or debit card which is issued by an Issuing Institution designated to issue a Visa, MasterCard, Visa Electron or a Maestro or cash card, pre-paid card or other card as may be specified by Payinstagate from time to time. Provided that the card is not listed in current warning or restricted card bulletins or notices and bears the signature of the person in whose name the card is issued.
You must register with us in order to open a Payinstagate Account and use Payinstagate Services. We allow both individuals and Legal Entities to register with Payinstagate. Without any legal obligation to do so, we require certain information from you, as laid out in the registration form, to permit the use of Payinstagate Services. You must provide accurate and complete information. In addition, you must keep the information that you provide up-to-date at all times. For business Users, you are only permitted to apply and enrol, if you represent a legitimate business and have the authority to enter into this Agreement on behalf of the business. You represent and warrant that you are duly authorized by the business entity to accept this Agreement and have the authority to bind such business entity. You further represent and warrant that the business entity has all the requisite consents, approvals, certificates, agreements, registrations and licences in accordance with the laws, regulations, rules and guidelines in force in India from time to time.
You must provide accurate and complete information in response to our questions. You must complete this and other processes to access any funds that you accept through the Services. You must also keep the information that you provide up-to-date. We reserve the right to suspend or terminate your Payinstagate Account in event that you provide inaccurate, untrue, or incomplete information, or fail to comply with the account registration requirements.
You further agree and allow Payinstagate to verify the complete information provided by You through itself and/or any third party(ies) and acknowledge that such third party(ies) and Payinstagate may store the same in its custody basis applicable laws.
By creating/opening a Payinstagate Account, you represent and confirm that you are:
a. 18 (eighteen) years of age or older;
b. an Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India;
c. not 'incompetent to contract' within the meaning of the Indian Contract Act, 1972; and
d. entering into and performing this Agreement, as per applicable law. You further represent and confirm that you are not a person debarred from using the Payinstagate website and/or receiving the Payinstagate Services under the laws of India or other applicable laws.
Payinstagate Services and your Payinstagate Account can only be used in India. You acknowledge that Payinstagate Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in India.
You must choose a reasonably descriptive User name that clearly identifies you or your business. This name will appear on the Customer’s Valid card/ Account statement. If a Transaction dispute results from your failure to use a reasonably descriptive user name, you agree to indemnify Payinstagate for any costs stemming from such dispute.
As part of the Payinstagatemoney registration process, you will create a password for your Payinstagate Account. You are responsible for maintaining the confidentiality of the password and the Payinstagate Account, and are fully responsible for all activities that occur under the Payinstagate Account, including, without limitation, all actions by sub-users registered under the Payinstagate Account. You agree to
(a) immediately notify Payinstagate of any unauthorized use of your password or the Payinstagate Account or any other breach of security, and
(b) ensure that you exit from your Payinstagate Account at the end of each session. Payinstagate cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Clause or from any unauthorized access to or use of the Payinstagate Account. In the event of any dispute between two or more parties as to ownership of a particular Payinstagate Account, you agree that Payinstagate will be the sole arbiter of such dispute, at its sole discretion and that Payinstagate’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
At the time of registration you are required to disclose the exact business category/business sub-category for which you will be using the Payinstagate Services and only avail the Payinstagate Services through your designated Merchant Site. You understand and acknowledge that in order to use the Payinstagate Services for any other purpose, you shall notify Payinstagate in writing of such change and such change will be subject to approval by Payinstagate.
In order to avail the Payinstagate Services and Acquiring Bank Services, you must be approved by and registered with Payinstagate, the Acquiring Banks and Nodal Bank. Any undertaking with respect to the Payinstagate Services under this Agreement shall be subject to Payinstagate’s, the Acquiring Banks’ and Nodal Bank’s approval and completion of the registration process. By accepting the terms of this Agreement, you agree to provide Payinstagate with all such documents as required by Payinstagate to register you with Payinstagate, the Acquiring Banks and Nodal Bank. You authorize Payinstagate to request for supplemental documentation at any time (before or after your Payinstagate Account has been activated), in order to verify your identity, the accuracy of the information provided, legitimacy of your business, and/or your Customers, including a Customer report that contains your name and address, etc. If we cannot verify that this information is accurate and complete, we may deny your use of the Services, or close your Payinstagate Account at any time.
You further understand and acknowledge that Payinstagate, the Acquiring Banks and Nodal Bank have the right to withdraw their approval/consent at any time prior to or after commencement of the Payinstagate Services.
Payinstagate facilitates individuals and legal entities in accepting payments initiated by their customers on their website or mobile application directed to the Payinstagate Site or through Payinstagate’s IVR System, using Valid Cards, Net Banking and various other acceptable modes of Payment Mechanism provided by Payinstagate.
Payinstagate a software application (“Software Application”) and established a Payinstagate Site. Payinstagate will act as an intermediary, by creating a link between the Merchant Site and the respective Acquiring Banks by means of the Software Application and Payinstagate Site, for enabling the Customers to make payment of Customer Charge on the Merchant Site for the Transactions carried, using Acquiring Bank’s Services (“Internet Payment Gateway"). In order to serve in this role, we have entered into agreements with various Acquiring Banks, Nodal Bank, financial institutions, Card Associations and other software providers who are in the business of providing information technology services, including but not limited to, internet based electronic commerce, internet payment gateway and electronic software distribution services, to enable use of internet payment gateways developed by them, to
(i) route internet based Valid Card Transactions;
(ii) offer various facilities through the internet, including net banking facilities;
(iii) provide Authorization from Card Associations or other third party clearing houses; and
(iv) provide settlement facilities in respect of payment instructions initiated by the Buyers.
These Transactions are between you and your Customers and we are only acting as an intermediary. We are NOT
(i) a payment System Provider as defined under the Payment and Settlement Systems Act, 2007,
(ii) a banking company as defined under the Banking Regulation Act, 1949 or
(iii) a non-banking financial company as defined by the Reserve Bank of India Act, 1938.
The relationship between Payinstagate and you is on principal-to-principal basis. Nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between us hereto or any affiliates or subsidiaries thereof or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
Payinstagate has no connection or interest of whatsoever nature in your business or the Products offered/ marketed on the Merchant Site. Payinstagate shall provide Payinstagate Services to you, as an independent entity and under the terms and conditions of this Agreement. Payinstagate has no relationship with the Customers and all actions under this Agreement which may affect the Customers are instructed by you. You alone shall be responsible to the Customers and neither Payinstagate nor the Acquiring Bank or anybody connected to Payinstagate or Acquiring Bank shall have any responsibility or liability towards the Customers and you shall keep Payinstagate and Acquiring Bank fully indemnified for all times to come in this respect.
Payinstagate is neither concerned nor required to monitor in any manner the use of the payment modes by the Customers for procuring / availing the Products. The Customers should be required to use the payment modes at their sole option and risks. You shall be required to notify this responsibility to all its Customers under the instructions provided by Payinstagate.
As you will be using the Acquiring Banks Services and Card Association Services, you undertake comply with all applicable rules, guidelines, instructions, requests and actions, etc., made by the Acquiring Banks and/or Card Associations from time to time. The Acquiring Banks and Card Associations may also put limitations and restrictions on you, at its sole discretion. In addition, the Acquiring Banks has the right to reverse/reject settlement, suspend and/or terminate services, make inspections or inquiries in relation to the Transaction, etc. You understand and acknowledge that the Acquiring Banks and Card Association Rules form a part of this Agreement. In the event that your non-compliance of Acquiring Banks and/or Card Association Rules, results in any fines, penalties or other amounts being levied on or demanded of Payinstagate by an Acquiring Bank and/or Card Association, then without prejudice to Payinstagate’s other rights hereunder, you shall forthwith indemnify Payinstagate in an amount equal to the fines, penalties or other amount so levied or demanded. If you fail to comply with your obligations towards the Acquiring Banks and/or Card Associations, Payinstagate may suspend settlement or suspend/terminate the Payinstagate Services forthwith.
You shall be responsible at your own costs for providing and maintaining all necessary equipment, software and facilities at your end so as to connect the Merchant Site software to the Software Application.
You shall take all such precautions and measures as may be directed by Payinstagate from time to time to ensure that there is no breach of security and the integrity of the link between the Merchant Site and the Internet Payment Gateway ("Hotlink") is maintained and shall ensure that all Customers upon accessing the Hotlink are properly directed to the Internet Payment Gateway. You shall also ensure that there are proper encryption and robust security measures to prevent any hacking into the information of the Customers and other data. In addition to the above, you shall also comply with security practices and procedures as prescribed in the Information Technology Act, 2000 and the rules made thereunder and/or the RBI rules and Regulations. Any loss incurred to you, Payinstagate or the Acquiring Bank as a result of the Hotlink being breached due to improper security on part of you, your employees, contractors, agents, etc and/or on the Merchant Site, shall be borne solely by you and you agree to indemnify, defend and hold harmless Payinstagate and the Acquiring Banks from any claims, actions, damages or losses arising out or in relation thereto.
Without prejudice to the generality of the aforesaid, you shall routinely and at such time intervals as may be specified by Payinstagate and/or the Acquiring Banks check the integrity of the Hotlink and provide such reports and/or conduct such tests as may be required by Payinstagate and/or Acquiring Banks from time to time.
The Acquiring Bank will authenticate, authorize, and process the payment instructions given by the Customers on the Merchant Site in respect of the Transactions upon fulfillment of valid criteria as set forth by the Acquiring Banks and the Card Associations from time to time and accordingly transfer such approved Customer Charge from the Customer Bank Account/ Customer Wallet to the Nodal Account.
Payinstagate, Acquiring Banks and/or Card Association may reject authorization of Transaction placed by the Customer for any reason including but not limited to risk management, suspicion of fraudulent, illegal or doubtful Transactions, selling of banned items, use of compromised Valid Cards, use of blacklisted/banned cards or in accordance with the RBI, Acquiring Banks, Issuing Institution and/or Card Association rules, guidelines, regulations, etc and any other laws, rules, regulations, guidelines in force in India, etc.
You acknowledge that as a risk management tool, Payinstagate and/or the Acquiring Banks reserve the right to limit or restrict transaction size, amount and/or monthly volume at any time. For the purpose of clarity such limitations or restrictions may be imposed for the following reasons including but not limited to limits/restrictions on the number of purchases which may be charged on an individual Valid Card or net banking account during any time period, rejection of Payment in respect of Customer Orders from Customers with a prior history of questionable charges, unusual monetary value of Transaction, etc. Further, as a security measure, Payinstagate may at its sole discretion block any card number, account numbers, group of cards or Transactions from any specific blocked or blacklisted customer cards, accounts, specific, group of IP addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.
By accepting the terms of this Agreement, you authorize us to hold, receive, disburse and settle funds on your behalf. Your authorization permits us to generate an electronic funds transfer between the Acquiring Banks and our Nodal Account to process each Transaction that you authorize. Thereafter you authorise us to transfer the Settlement Amount received from your Customers to the Merchant Bank Account designated by you for this purpose at the time of registration. Your authorization will remain in full force and effect until your Payinstagate Account is closed or terminated.
In consideration for Payinstagate Services, you shall pay Payinstagate, Service Fees. The Service Fees shall be deducted by Payinstagate from the Customer Charge payable to you in respect of each completed Transaction. Payinstagate reserves the right to revise the Service Fees periodically, and Payinstagate will intimate you of any such change within reasonable time. You shall also pay to Payinstagate (i) a non-refundable one time set up fee, and (ii) Annual Maintenance Charge payable in advance every year. Payinstagate shall have a right to deduct such set-up fee and Annual Maintenance Charges from the Settlement Amount payable to you. In addition, in consideration of the license granted with respect to the Mobile SDK, you agree to pay Payinstagate a royalty (“Royalty”)
Subject to any other Clause of this Agreement, Payinstagate shall endeavour to instruct the Nodal Bank to transmit the Settlement Amount from the Nodal Account to the your Bank Account within the time period prescribed by RBI commencing from date of Completion of Transaction.
In the event that you opt for Payinstagate Services using Payinstagate Product: Payinstagate Enterprise, the Transaction shall be completed only upon receipt of the Customer Charge in the Nodal Account from the Acquiring Banks and reconciliation of the same by the Acquiring Banks, Payinstagate and the Nodal Bank (“Payinstagate Completion of Transaction”)
In the event that you opt for Payinstagate Services using Payinstagate Product: Payinstagatemoney or Payinstagate demands Proof of Delivery for any Transaction(s), the Transaction shall be completed only upon submission of Proof of Delivery by you (in the manner prescribed by Payinstagate) and the confirmation of the same by the respective Customer. In the event that the Customer does not confirm delivery within 3 (three) days from the date on which you provide Proof of Delivery, it shall be considered as deemed confirmation and the Transaction shall be deemed to be completed. (“Payinstagatemoney Completion of Transaction”)
The transmission of the Settlement Amount to the Merchant Bank Account shall be subject to reconciliation of the Customer Charge by the Acquiring Banks, Payinstagate and the Nodal Bank after actual receipt of Customer Charge in the Nodal Account.
All payments with respect to refunds and Chargebacks shall be solely your responsibility and Payinstagate shall not be liable for any claims, disputes, penalties which may arise in connection with such refunds or Chargebacks to you or the Customer. You shall indemnify Payinstagate in respect of any claims, disputes, penalties, costs and expenses arising directly or indirectly in relation to refunds or Chargebacks for all Transactions initiated and instructed through the Merchant Site.
Notwithstanding anything contained anywhere in this Agreement, you hereby confirm and agrees that Payinstagate, Acquiring Bank and Nodal Bank reserve the right to reject payments with respect to any Customer Charge for reasons including but not limited to unlawful, erroneous Transaction, Chargeback, refund, fraud, suspicious activities, card Authentication and Authorization issues, overpayment made due to mathematical errors or otherwise, penalties incurred, Transaction related issues, issues related to Delivery, Customer Charge or Product, if the Transaction was not made in accordance with the requirements of Payinstagate and/or the Acquiring Banks and/or Card Association.
In the event of rejection of payment with respect to Customer Charge, Chargeback, refunds or other Outstanding Amounts due to Payinstagate, Acquiring Bank and/or the Customer by you, Payinstagate and/or the Acquiring Bank reserve the right to reverse the credit given to the Merchant Bank Account or set-off the payment amount rejected, Chargeback or refunded or the Outstanding Amount against Settlement Amount payable to you. Payinstagate and/or Acquiring Banks may also deduct the payment amount due from future Settlement Amounts payable to you with respect to subsequent Transactions.
All Settlement Amount due to you under this Agreement may be suspended or delayed till such time as Payinstagate, the Acquiring Banks and/or nodal bank deems fit, if
(a) the you or your Customer or a third party commits any fraud or violates any law or legal requirement;
(b) Payinstagate and/or the Acquiring Banks have reasons to believe that a fraud has been committed against the Customers, Payinstagate, Acquiring Banks or any third party by you, your Customers, or any other third party; or has reason to believe that the Merchant or the Customer has in connivance with any other person done any fraud or assisted in the same; or any transaction has been fraudulently initiated;
(c) you have excessive pending Chargebacks or poses high Chargeback and/or refund Risk;
(d) continuous non-delivery or delayed delivery of Products to Customers; or
(e) for any other reasonable reasons.
You understand and acknowledge that at any time and from time to time, we may temporarily suspend or delay payments to you or require you to provide Payinstagate with Reserve of such amounts as may be requested by Payinstagate to secure the performance of your payment obligations under this Agreement for reason, including without limitation, high Chargeback risk, credit risk, refund overdraft risk, non-delivery issues, selling of banned items, non-payment of maintenance fees or other amount payable to Payinstagate or any other indications of performance problems related to your use of the Payinstagate Services. If you fail to provide Payinstagate with Reserve within seven (7) days of receipt of notice for the same, Payinstagate reserves the right to suspend and/or terminate the Settlement Amount payable you or the Payinstagate Services without further notice. Payinstagate may use this Reserve to set-off including but not limited to any Outstanding Amounts payable by you to Payinstagate, Acquiring Banks and/or Customers.
In case the Settlement Amount payable to you and/or the Reserve (if any) is not sufficient to cover your Outstanding Amount, then you shall pay Payinstagate and/or the Acquiring Banks the remaining amount due immediately upon request. Payinstagate shall be entitled to charge daily interest on such Outstanding Amount from the date of request until the date of payment in full, at the rate of 1.5% per month. Provided that the above right of Payinstagate to appropriate the Reserve and set-off the Outstanding Amount in the above manner shall be in addition to and reserving fully the right of Payinstagate to recover all such losses, costs and damages etc from you by any other means, which may be available to Payinstagate under the law. In addition, you agree to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with the outstanding amount and the collection of same from you.
a. Our Collection Rights for Chargebacks: For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve. We may debit the amount of any Chargeback and any associated Fees, fines, or from your Settlement Amount and/or Reserve. If we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that:
(a) a Chargeback is assessed due to a Customer’s complaint, in which case we will retain the funds;
(b) the period of time under applicable law or regulation or Card Association Rules by which the Customer may dispute that the transaction has expired; or
(c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us with respect to collection of all Outstanding Amounts unpaid by you.
b. Excessive Chargebacks: If we determine that you are incurring an excessive amount of Chargebacks, Payinstagate may establish controls or conditions governing the Transactions contemplated under this Agreement, including without limitation, by
(a) establishing new processing fees,
(b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees,
(c) delaying payouts, and
(d) terminating or suspending the Services.
c. Contesting Disputed Transactions: : In the event of a Chargeback dispute relating to a Transaction contemplated under this Agreement (“Disputed Transaction”), on any grounds whatsoever, Payinstagate shall forthwith notify you of the same. On such notification you shall conduct an internal review of such matter and shall within 5 (five) days from receipt of notice, revert to Payinstagate in writing either:
(i) Requesting Payinstagate to refund (”Refund Request”) the Customer Charge Amount received by it in respect of such Transaction ("Refund Monies"); or
(ii) Providing Payinstagate with a statement explaining how the Disputed Transaction is not warranted together with all documentary evidence in support of contesting such Disputed Transaction.
In the event that you:
(a) provide a Refund Request to Payinstagate; or
(b) fail to provide Refund Request and fail to contest such Disputed Transaction within the aforesaid period or contests Disputed Transaction without providing supporting documentation to the satisfaction of Payinstagate, Acquiring Banks, Card Association and/or Issuing Institution, Payinstagate shall be entitled to recover the Refund Monies from Settlement Amount subsequently made to the Nodal Account. In the event that Payinstagate is unable to recover the Refund Monies as aforesaid, due to the Settlement Amount credited to the Nodal Account being lower than the Refund Monies, Payinstagate shall deduct the remaining Refund Monies from the Reserve (if any) or set-off the remaining Refund Monies against the future Settlement Amounts payables to you and refund the same to the Customer. You shall be liable to make payment of the Refund Monies or part thereof which has not been recovered by Payinstagate forthwith.
It is hereby agreed and acknowledged by the Parties that the Service Fees charged by Payinstagate in respect of a Transaction that has been confirmed shall not be refunded or repaid by Payinstagate to you or any other person irrespective of the Customer Charge being rejected, chargeback, refunded or disputed.
You understand that in order to avail the EMI services of a bank, you must be specifically approved by such bank for provision of EMI services.
The EMI services shall be offered at the discretion and as per the terms and conditions of the respective bank and Payinstagate. You shall ensure that while making a Transaction, the Customer also accepts such terms and conditions.
You understands that at time of the making the Transaction, the Customer shall be charged the full amount of the sale price; Payinstagate shall send details of settled Transactions for conversion to EMI along with complete details, within 2 (two) Business Days from the date of Completion of Transaction. EMI transactions once submitted cannot be cancelled / reversed.
In the event that you provide EMI options to the Customers, you shall endeavour to deliver the Product after the approval of the EMI option from the Issuing Institution providing the EMI option through Payinstagate. Payinstagate shall not be liable to you or the Customer for any dispute arising with respect to rejection of EMI option to a Customer after a Transaction has been confirmed, irrespective of the Settlement Amount being in the Nodal Bank or already transferred to the Merchant Bank Account. The Customer shall raise such dispute directly with the Issuing Institution.
You understand and acknowledge that all Transactions shall be converted to EMI transactions in offline mode. The Issuing Institution shall endeavor to convert all transactions approved by them to EMI within 5 (five) Business Days.
You shall ensure that an EMI calculator is available on the Merchant Site in order to explain the EMI calculation to the Customer.
You understand and acknowledge that the Issuing Institution may modify the terms of the EMI offering or withdraw the EMI Scheme completely at any time. Payinstagate and the Acquiring Banks shall not be responsible to you or the Customer for any disputes arising due to non-conversion of a Transaction to EMI or informing you about rejection of EMI request by the Issuing Institution.
You shall dispatch/render the Products to the Customer only upon receipt of transaction confirmation from Payinstagate. Payinstagate shall give confirmation only upon receipt of transaction confirmation in respect of the Transaction from the Acquiring Bank. Payinstagate shall not be responsible for any Transactions that have not been confirmed with Payinstagate by the Acquiring Banks.
You shall ensure that it maintains Proof of Delivery with respect to each Transaction initiated through the Merchant Site for a period of at least one (1) year from the date of Delivery. Proof of Delivery shall be open for inspection by Payinstagate and/or the Acquiring Banks at all times during working hours on Business Days. Notwithstanding any other Clause of this Agreement, you understand that Payinstagate and/or the Acquiring Bank and/or Nodal Bank reserve the right to call for Proof of Delivery, at any time, before and/or after settlement of Settlement Amount to the Merchant’s Bank Account with respect to any Transaction. Payinstagate and/or the Acquiring Banks have the right to reverse Customer Charge amount to the Customers and/or reject the Customer Charge to Merchant, if Proof of Delivery is not provided in accordance to this Agreement.
You shall deliver the Product within the Delivery Due Dates specified at the time of making the transaction on the Merchant Site. If you are unable to deliver the whole or any part of the Transaction within the Delivery Due Date, you shall forthwith inform the Customer and take immediate action to refund the Customer Charge in whole or in part as per the Customers instructions.
All risks associated with the Delivery shall be borne solely by you and not Payinstagate. Any and all disputes regarding quality, merchantability, non-Delivery, delay in Delivery or otherwise shall be resolved directly between the Customer and you without making Payinstagate and/or the respective Acquiring Bank a party to such disputes.
By accepting to use Payinstagate Services, you agree to process returns of, and provide refunds and adjustments for, Products sold and/or payment collected through the Merchant Site in accordance with this Agreement, the Acquiring Banks’ instructions and Card Association Rules. You understand that no refund shall be processed by Payinstagate after a period of 180 days from the date of the Transaction. You shall
(a) maintain a fair refund, cancellation or adjustment policy;
(b) disclose its return or cancellation policy to Buyers,
(c) not give cash refunds to its Buyers in connection with a card sale, unless required by law, and
(d) not accept cash or any other item of value for preparing a card sale refund.
The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the Customer for postage that the Customer paid to return merchandise. If the Customer accepts returns and makes an uneven exchange of Products (e.g., the sales price is not the same), you must issue a credit for the total amount of the Products being returned and the Users must complete a new sale for any new Products. Please be aware, that if your refund policy prohibits returns or is unsatisfactory to the Customer, you may still receive a chargeback relating to such sales.
All Customer service issues relating to the Transaction, Products sold on its Merchant Site including but not limited to Customer Charge, order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support and feedback concerning experiences with its personnels, policies or processes, are solely your responsibility. In performing Customer service, you will always present itself as a separate entity from Payinstagate.
You shall provide Customer support during all Business Days. Such support shall include appropriate notice to Customers of means of contacting you including e-mail address and telephone number, in the event the Customer has questions/queries regarding the nature or quality of the Product and the procedures for resolving disputes.
Under no circumstances shall Payinstagate be responsible for customer support to the Customer or any third party.
We may, from time to time during the term, make or carry out risk assessments on you and/or the Transactions carried out on the Merchant Site (each a "Risk Assessment") which shall inter alia be for the following purposes:
a. verify that you are properly constituted and operate a bona fide business;
b. verify that you have sufficient safeguards in place to protect Customer's Data;
c. quantify and investigate the levels of fraud or your default relating to the Transactions; and/or
d. provide any other comfort that we (acting reasonably) may require in the context of its exposure under this Agreement and the agreements with the Acquiring Banks or Card Associations, and you shall provide all reasonable assistance and information to us with respect to such Risk Assessments.
We may periodically obtain additional reports to determine whether you continue to meet the requirements of this Agreement. You agree that we are permitted to collect and share information about you and your application (including whether you are approved or declined), and your Payinstagate Account with the Acquiring Banks, Card Associations, Issuing Institutions, other banks, financial institutions and governmental authorities. This includes sharing information
(a) about your Transactions for regulatory or compliance purposes (including compliance with KYC),
(b) for use in connection with the management and maintenance of the Service,
(c) to create and update their customer records about you and to assist them in better serving you, and
(d) to conduct Payinstagate's risk management process.
If, at any time after we have made or carried out a Risk Assessment or it has been notified of an issue, we determine (acting reasonably) that you or circumstances relating to you represent a material credit risk or potentially increase our exposure under this Agreement, we may:
a. terminate this Agreement with immediate effect; and
b. defer the payments due to you for such period as we deem appropriate (acting reasonably) to address the credit risk or exposure and, where necessary, such amount (in whole or part) may be applied towards any amount owed by you to us under this Agreement.
c. If, at any time, we discover that a fraud has been committed you; or you have in connivance with any other person done any fraud or assisted in the same; or any transaction has been fraudulently initiated, we may report the same to any governmental and/or law enforcement authorities.
You shall maintain records of such periodical checks in such manner as may be specified by us and/or the Acquiring Banks. We and/or the Acquiring Banks shall be entitled to check and audit your records and statements to ensure compliance with your obligations under this Agreement at such intervals or times as we and/or the Acquiring Banks may deem fit. We and/or the Acquiring Banks may also inspect your business location. If you refuse such inspection, your Payinstagate Account may be terminated. We reserve the right to suspend or terminate the Payinstagate Account of any user who provides inaccurate, untrue, or incomplete information, or fails to comply with the Payinstagatemoney Account registration requirements. If you refuse such inspection or provides inaccurate, untrue, or incomplete information, or fails to comply with the terms and conditions of this Agreement, we reserve the right to suspend or terminate the Payinstagate Services forthwith.
You hereby declare, assure, undertake and covenant as under:
a. You shall duly fulfill all Transactions placed on the Merchant Site in accordance with the terms and conditions on the Merchant Site and instructions of the Customer. You undertake to ensure that the Delivery is done as per specifications of the Customer on or before the Delivery Due Date.
b. You will not offer out of stock Products for sale. You shall be solely liable for quality and efficiency and merchantability of the Products. Further the rates displayed on the Merchant Site shall include all applicable taxes.
c. You shall comply with all applicable laws, rules and regulations in offering the Products or collecting Payments on its Merchant Site. You shall ensure that all requisite approvals, licenses and registrations, etc in accordance with all laws, rules, regulations, guidelines in force in India from time to time, have been obtained and are kept in full force and effect to enable you to offer the Products for sale. You shall not conduct any business through the Payinstagate Services or offer Products thereof in violation of any law or legal requirement of any applicable jurisdiction and shall keep Payinstagate fully indemnified for all times to come in this regard.
d. You shall not offer any Products, which are illegal or offensive or banned as per the list provided in Schedule A and/or are not in compliance with applicable laws, rules and regulations whether central, state, local or international of all jurisdiction from where the Customers avail the Products. In addition, you shall comply with and shall ensure compliance by the Customers with all applicable guidelines, rules, regulations issued by RBI and guidelines set by Payinstagate, Acquiring Banks and/or Card Associations. You agree and understand that Payinstagate reserves the right to suspend Settlement Amount and/or Payinstagate Services to you until such time that you do not discontinue selling such banned/illegal Products or does not conform to all applicable laws and regulations in force from time to time. In addition, Payinstagate reserves the right to terminate this Agreement without further notice in the case of breach of this Clause.
e. You shall ensure that appropriate cancellation policy, refund policy, privacy policies, disclosures/disclaimers, terms of use pertaining to the Merchant Site, the terms of the Products provided by you and terms of paying the Customer Charge are displayed conspicuously on the Merchant Site in accordance with the terms of this Agreement (collectively “Merchant Terms and Conditions”) . You shall prior to accepting any instructions from the Customers ensure that the Customers accepts all the Merchant Terms and Conditions. Payinstagate reserves the right to inspect the Merchant Terms and Conditions at any times.
f. In the event that you provide One Click Checkout option to its Customers and the Customer opt for One Click Checkout, you understand that Payinstagate shall store the Valid Card data of the Customers on its server.
g. In the event that you have obtained a PCI DSS certification and opts for a One Click Checkout API, you shall be responsible to ensure that all Customer Valid Card data shared with you is kept safe and not shared with any third party without the consent of Payinstagate and the Customer. You shall ensure that there is no unauthorized use or disclosure of such data or any hacking of the same. You accept all liabilities with respect to such Customer Valid Card data and shall keep Payinstagate indemnified in case of any breach of this Clause. In addition, in the event that you call the One Click Checkout API for the wrong Customers Valid Card data or the Customer’s account with you is compromised, you shall be fully liable for all transactions processed and Payinstagate shall have no liability towards the Customers or you. Further, you shall also have in place a privacy policy for handling or dealing with the Customer’s personal information including all Customer Valid Card data, and such policy should be available to the Customers and be published on the Merchant Site.
h. You shall have the marketable and legal right and title to sell Products offered by it to the Customers by using Payinstagate Services.
i. In the event any Customer complaints or is dissatisfied with any Product, you shall take such measures as may be required to resolve the same at its sole cost and expenses.
j. You shall ensure that the best service standards in the industry are adopted and shall ensure Delivery of all Products paid for on the Merchant Site to Customers in accordance with the highest standards.
k. You agrees to put up such notices, disclaimers or warranties as may be required by Payinstagate and/or the Acquiring Bank and you shall comply with such request forthwith.
l. You shall be solely responsible for the accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the Products, which are offered on its Merchant Site.
m. You hereby agrees that it shall bear and be responsible for the payment of all relevant taxes, surcharge, levies etc. (including withholding taxes) in relation to the Customer Charge and Payinstagate Services provided under this Agreement.
n. As you will be using the Acquiring Banks Services and Card Association Services, you shall comply with all applicable rules, guidelines, instructions, requests and actions, etc made by the Acquiring Banks and/or Card Associations from time to time. The Acquiring Banks has the right to reverse/reject settlement, suspend and/or terminate Acquiring Banks Services/Payinstagate Services, make inspections or inquiries in relation to the Transaction, etc. You understand that the Acquiring Banks and Card Association Rules form a part of this Agreement. In the event that your non-compliance of Acquiring Banks and/or Card Association Rules, results in any fines, penalties or other amounts being levied on or demanded of Payinstagate by an Acquiring Bank and/or Card Association, then without prejudice to Payinstagate’s other rights hereunder, you shall forthwith indemnify Payinstagate in an amount equal to the fines, penalties or other amount so levied or demanded. If you fail to comply with its obligations towards the Acquiring Banks and/or Card Associations, Payinstagate may suspend settlement or suspend/terminate the Payinstagate Services forthwith.
o. In the event that you opt for Payinstagate Services Product Payinstagatemoney, you agree and understand that you and your Customers shall be bound by the Payinstagatemoney terms and conditions at https://www.Payinstagatemoney.com/tnc.html. You shall ensure that you and all your Customers comply with the Payinstagatemoney terms and conditions.
p. You will not engage in any activity with the Mobile SDK, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, Payinstagate or any Acquiring Bank.
q. You shall not require the Customer to provide you with any details of the accounts held by it with Issuing Institution. You shall not input any data on behalf of the Customers on the Merchant Site or the Acquiring Bank, failing which it will be considered as breach of trust of Payinstagate and/or of the Acquiring Bank.
r. You shall ensure to keep confidential, all information submitted by the Customers on the Merchant Site. The Customer shall not be required or asked to disclose any confidential or personal data, which may be prejudicial to interests of the Customer. You shall use the Customer data only for the purpose of completing the Transaction for which it was furnished, and shall not sell or otherwise furnish such information to any third party. You shall be liable to comply with existing data privacy regulations from time to time.
s. You shall in writing inform Payinstagate of all changes in its constitution, directors/partners/trustees, or change in the current addresses of each office, within seven (7) Business Days of such change having taken place listing out the names and details of the personnel in charge of your management and affairs. Such intimation shall be provided on your letterhead signed by your authorized signatory.
t. You shall not engage in activities that harm the business and/or brand of Payinstagate, the Acquiring Banks and/or card associations.
u. You must indicate its acceptance of all the respective Acquiring Banks and/or Card Associations, whose Payment Mechanism is being used by you, whenever it communicates the payment methods it accepts to its Customers without prejudice to anyone of the Acquiring Banks and/or Card Associations. In the event that you decide to display the logos of the Acquiring Banks and/or Card Associations whose Payment Mechanism it is providing as a Valid Card payment option to its Customers on the Merchant Site and/or other marketing materials, you must ensure that it prominently displays the logos of all the respective Acquiring Banks and/or Card Associations (being used to process Valid Cards) in the same manner and without prejudice to any one of them and in accordance with the guidelines and/or direction provided by the respective Acquiring Banks and/or Card Associations. In addition, you shall not promote, dissuade or impose restrictions/conditions on any one Valid Card Payment Mechanism and/or Card Association over the other. Exceptions being limited time bound tactical marketing programs with one or more Acquiring Banks and/or Card Associations.
v. You shall be responsible to resolve all cardholder/customer account holder disputes and provide whatever assistance necessary to assist the Acquiring Banks, Card Associations and Payinstagate deal with all cardholder/Customer Account holder disputes at its own cost.
w. You authorise Payinstagate to share Transaction data and Customer information with the respective Acquiring Banks and Card Associations.
x. You shall maintain and run the Merchant Site as a part of its business and shall ensure that the Merchant Site does not contain libelous, defamatory, obscene, pornographic or profane material or any instructions that may cause harm to Payinstagate, the Acquiring Banks, Card Associations and/or any other third party.
y. In the event that Payinstagate was providing Payinstagate Services for the website currently defined as Merchant Site, under a different arrangement / ownership / branding, prior to this Agreement, the Merchant hereby agrees to indemnify and hold harmless Payinstagate and/ or the Acquiring Banks for any losses, costs, damages, penalties, Chargebacks, refund overdraft, or credit problems suffered or incurred for the services provided to the said website under the erstwhile agreement. It is hereby clarified that the Parties may mutually agree in writing to waive off the applicability of this clause. Further it is clarified that this clause will not be applicable in the event Payinstagate was not providing Payinstagate Services to the Merchant Site, prior to this Agreement.
z. The Merchant acknowledges that if Payinstagate was providing Payinstagate Services to the Merchant Site under a different arrangement / ownership / branding, prior to this Agreement, the merchant understands that Payinstagate will start settling the funds to the Merchant’s bank account only after the Merchant gets registered with Payinstagate’s Acquiring Banks and Nodal Banks and the same has been confirmed to the Merchant by Payinstagate. For the transactions prior to the said event shall be continued to be settled in accordance with the previous agreement for the said website.
aa. You agrees that Payinstagate reserves a right to suspend the payment and/or Payinstagate Services provided herein, forthwith, in event you fail to observe the terms and conditions herein.
a. The Merchant understands that in event the Merchant uses Payinstagatemoney Zoom, the Merchant shall in order to enable a Customer to make payment, shall land the Customer on Payinstagatemoney payment page and shall provide the details of the Transaction in the agreed format and manner including the Transaction value.
b. Payinstagate shall process the Transaction only as per the data or information received by Payinstagate from the Merchant. Payinstagate shall only be responsible for processing the Transaction as per the instruction of the Merchant and sending the Transaction status / information to the Merchant and however, shall not be responsible for the receipt of the information by the Merchant. The Merchant agrees and acknowledges that Payinstagate shall not be liable for any loss, damage, fine, penalty, cost, claims, proceedings incurred by the Merchant, Customer or any third party under this clause.
If there is no activity in your Payinstagate Account (including access or payment transactions) for a period of one (1) year, we may close your Payinstagate Account
Your privacy is very important to us. Upon acceptance of this Agreement you confirm that you have read, understood and accepted our Privacy Policy.
By using our Service, you may receive information about Customers. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the Customer.
You agree that Payinstagate can provide disclosures and notices required by law and other information about your Payinstagate Account to you electronically by posting it on our website, or by emailing it to the email address provided by you at the time of registration. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered.
This Agreement may be terminated by either Party by giving 30 (thirty) days prior written notice to the other Party.
Either Party may terminate this Agreement forthwith in the event:
a. the Party discovers at any stage that the other Party is in violation of any law or regulation;
b. the other Party is adjudicated as bankrupt, or if a receiver or as a trustee is appointed for it or for a substantial portion of its assets, or if any assignment for the benefit of its creditors is made and such adjudication appointment or assignment is not set aside within 90 (ninety) Business Days;
c. the other Party goes into liquidation either voluntarily or compulsorily;
d. the other Party is prohibited by any regulatory or statutory restriction from continuing to provide services under this Agreement.
Payinstagate shall terminate this Agreement forthwith, if the Merchant fails to perform its obligations hereunder or is in breach of any terms and conditions of this Agreement.
The termination under this Clause is in addition to and without prejudice to the termination rights which Payinstagate may have under any other Clause in this Agreement.
The termination of this Agreement shall not affect the rights or liabilities of either Party incurred prior to such termination. In addition, any act performed during the term of this Agreement which may result in a dispute post termination or any provision expressed to survive this Agreement or to be effective on termination or the obligations set out in this Clause shall remain in full force and effect notwithstanding termination. Subject to other Clauses of this Agreement, both Parties shall undertake to settle all outstanding charges within 30 (thirty) days of the termination taking effect.
Where any payments claimed by Payinstagate exceeds the Settlement Amount due to you the difference thereof shall be a debt due from you to Payinstagate and be forthwith recoverable by appropriate legal action, as deemed fit by Payinstagate. Without prejudice to Payinstagate’s rights and remedies, in the event that you do not make any payments to Payinstagate by its due date or on demand as required under this Agreement, Payinstagate shall be entitled to charge daily compounded interest on such overdue amount from the due date until the date of Settlement Amount in full, at the rate of 2.5% per month. This section shall not preclude Payinstagate from recourse to any other remedies available to it under any statute or otherwise, at law or in equity.
All materials, documentation, instruction manuals, guidelines, letters and writings and other materials issued by Payinstagate from time to time in respect of this Agreement, whether in respect of the utilization of the Internet Payment Gateway or otherwise shall be returned by you to Payinstagate upon termination.
You agree and confirm that you shall remain solely liable after the termination of this Agreement for all Chargebacks, refunds, penalties, loss, damages or cost incurred by Payinstagate, Acquiring Banks, Card Associations and/or Customers and for all claims and proceedings arising against Payinstagate and/or Acquiring Banks with respect to this Agreement. At the time of termination, Payinstagate may retain such amount from the Reserve (if any) and Settlement Amount payable to you (including Settlement Amounts withheld) as may be determined by Payinstagate to cover chargeback risk, refund risk or any potential loss, damages, penalties, cost that may be incurred by Payinstagate, Acquiring Banks, Card Associations and/or Customers for a period of 210 Business Days. Subject to this Clause and any other Clause of this Agreement, all settlement to you after notice of termination shall be done post termination. In the event that such retained amount is not sufficient to cover all Outstanding Amounts owed by you post termination, you shall ensure that it pays Payinstagate all pending amounts within 10 (ten) days of receiving the demand notice and shall at all times keep Payinstagate indemnified in this respect. This Clause survives the termination of this Agreement.
PART TWO: ADDITIONAL LEGAL TERMS
You represent and warrant to us that:
(a) you are at least 18 (eighteen) years of age;
(b) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement;
(c) the name identified by you when you registered is your name or business name under which you sell the Products
(d) you are duly organized and validly existing under the laws of the jurisdiction in which you are established;
(e) your obligations hereunder constitute legal, valid, binding and enforceable obligations;
(f) the execution and delivery of this Agreement and the consummation of the Transactions contemplated herein do not breach its organisational documents or any law, provisions of any contract or order of court applicable to it and do not require any applicable governmental approval;
(g) any sales Transaction submitted by you will represent a bona fide sale by you;
(h) any sales Transactions submitted by you will accurately describe the Products sold and delivered to Customers;
(i) you will fulfil all of your obligations to each Customer for which you submit a Transaction and will resolve any consumer dispute or complaint directly with the Customers;
(j) except in the ordinary course of business, no sales Transaction submitted by you through the Services will represent a sale to any principal, partner, proprietor, or owner of your entity;
(l) you will not use Payinstagate Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of Payinstagate Services;
(m) your use of Payinstagate Services will be in compliance with this Agreement.
We grant you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense or assign, to electronically access and use Payinstagate Services solely to:
a. receive and accept or make Payments, and
b. manage the funds you so receive or paid;
You will be entitled to download updates to Payinstagate Services, subject to any additional terms made known to you at the time, when we makes these updates available. We will use reasonable endeavours to give you prior notice of any down-time in relation to Payinstagate Services as a result of updates or preventative or reactive maintenance of our Services. You also acknowledge that the arrangement between one or more Acquiring Banks and us may terminate at any time and services by such Acquiring Banks may be withdrawn.
While we want you to enjoy Payinstagate Services, you may not, permit any third party to do any of the following:
(i) access or monitor any material or information on any Payinstagate system using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with us referencing this Clause that expressly grants you an exception to this prohibition;
(ii) copy, reproduce, alter, modify, dismantle, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from Payinstagate;
(iii) permit any third party to use and benefit from Payinstagate Services via a rental, lease, timesharing, service bureau or other arrangement;
(iv) transfer any rights granted to you under this Agreement;
(v) violate the restrictions in any robot exclusion headers on Payinstagate Services, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble, decode or attempt to decode or reverse engineer the Services or to in any way override or break down any protection system integrated into the Services;
(vi) perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other users, or impose an unreasonable or disproportionately large load on our infrastructure;
(vii) create a derivative software program; or
(viii) otherwise use the Services except as expressly allowed under this Agreement.
You hereby grant to Payinstagate to use, display and reproduce its name, brand name, logo, wordmark, trademark, service marks (“Marks”) on a non-exclusive, royalty-free basis, solely in connection with the sales, marketing and advertising Payinstagate Services provided to you to the public. You hereby release Payinstagate from all liability relating to the publication or use of the Marks for such purpose. You hereby confirms that you have the requisite right to use the said Marks and to grant permission to use as stated herein. You shall retain all intellectual property rights in such marks.
You shall prominently display on its website and/or in other online marketing materials, a statement/logo/marks/image provided by Payinstagate relating to Payinstagate Services and that of the respective Acquiring Banks providing the Payment Mechanism. You must only use the logos/marks/images provided by Payinstagate and no other.
Nothing contained herein shall authorize the Parties to use, apply, invade or in any manner exploit or infringe the intellectual property rights of the other Parties without prior written consent of the other Party, and the usage shall be in compliance with this Agreement and such approval and policies as may be notified from time to time. In addition, the Parties undertake not to infringe the intellectual property rights of any third party.
You undertakes not to infringe the intellectual property rights of Acquiring Banks and/or Payinstagate respectively, whether directly or indirectly through any third party in the Acquiring Banks Services and software and/or Payinstagate Services and Software Application. You warrant that it shall only use the Payinstagate’s Software Application and the Acquiring Banks software for the purposes of this Agreement.
You fully understand that due to use of the Customer of the Internet Payment Gateway through Payinstagate Site, Payinstagate may create or generate database in respect of such Customers. All rights and ownership with respect to such database shall vest with Payinstagate.
a. Subject to the terms of this Agreement, Payinstagate grants you a limited, royalty bearing, non-assignable and non-exclusive license to use the Mobile SDK solely for purpose of integrating the Mobile SDK with the Upgraded Mobile Application.
b. Each time Payinstagate provides you an updated Mobile SDK, you shall integrate Mobile Application with the updated Mobile SDK.
c. Payinstagate owns all legal rights, title and interest in and to the Mobile SDK, including any Intellectual Property Rights that subsist in the Mobile SDK. Payinstagate reserves all rights not expressly granted to you.
d. You shall not take any actions that may cause or result in the fragmentation of the Mobile SDK, including but not limited to distributing, participating in the creation of, or promoting in any way a software development kit derived from the Mobile SDK.
e. Subject to the express License granted in this Agreement, Payinstagate will retain exclusive right, title and interest in and to the Mobile SDK, and all Intellectual Property Rights subsisting therein. There are no implied licenses under this Agreement, and all rights not expressly granted hereunder are reserved. It is further agreed that you shall not license or assign or offer for sale any software application developed using the Mobile SDK to a third party.
f. You will not delete or in any manner alter any proprietary rights notices, codes etc. that may be affixed to, embedded in or contained within the Mobile SDK delivered to it.
The Parties agree to maintain the confidentiality of the Confidential Information and to protect all portions of the other Party's Confidential Information by preventing any unauthorized disclosure, copying, use, distribution, or transfer of possession of such information. Dissemination of Confidential Information by each Party shall be limited to those employees with the need to such access for the advancement of the goals anticipated under this Agreement.
The Parties shall at no time disclose or allow its officers, directors, employees, representatives or subcontractors to disclose the other Party's Confidential Information to any third party without the prior written consent of the other Party. The Parties agree to protect the Confidential Information of the other with the same standard of care and procedures used by themselves to protect their own Confidential Information of similar importance but at all times using at least a reasonable degree of care.
The obligations set out in this Clause shall not apply to Confidential Information that:
a. is or becomes publicly known other than through breach of this Clause;
b. is in possession of the receiving Party prior to disclosure by the other Party;
c. is independently developed by the receiving Party;
d. needs to be disclosed to professional advisers or in accordance with the order of a competent court or administrative authority;
e. is thereafter rightfully furnished to such receiving Party by a third party without restriction by that third party on disclosure; or
f. is required by law, judicial court, recognized stock exchange, government department or agency or other regulatory authority, provided that sufficient notice is given of any such requirement, by the receiving Party to the disclosing Party, in order that the disclosing Party may seek for an appropriate protective order or exemption from such requirement, prior to any disclosure being made by the receiving Party and/or its Affiliates.
Such obligation of confidentiality shall continue for a period of 1 (one) year after the termination or expiry of this Agreement.
You undertake and agree to indemnify, defend and hold harmless Payinstagate and/or the Acquiring Banks including their officers, directors and agents from and against all actions, proceedings, claims (including third party claims), liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly, including but not limited to, as a result of:
a. breach or non-performance by you of any of your undertakings, warranties, covenants, declarations or obligations under this Agreement;
b. breach of confidentiality and intellectual property rights obligations by you;
c. any claim or proceeding brought by the Customer or any third party against Payinstagate and/or the Acquiring Banks in respect of any Products or Services offered by you;
d. any claim or proceeding brought by the Customer or any third party against Payinstagate and/or the Acquiring Banks in respect of Payinstagate Services;
e. any act, deed, negligence, omission, misrepresentation, default, misconduct, non-performance or fraud by you, your employees, contractors, agents, Customers or any third party;
f. any hacking or lapse in security of the Merchant Site or the Customer data;
g. Chargebacks or refunds relating to the Transactions contemplated under this Agreement;
h. breach of law, rules regulations, legal requirements (including RBI regulations, Card Association Rules, Acquiring Bank rules) in force in India and/or in any place from where the Customers is making the Transaction and/or where the Product is or to be Delivered and/or where the respective Issuing Institution is incorporated/registered/established; or
i. any fines, penalties or interest imposed directly or indirectly on Payinstagate on account of your default or Transactions conducted through Merchant Site under these Terms and Conditions.
The indemnities under this Clause are in addition to and without prejudice to the indemnities given elsewhere in this Agreement. The indemnities provided herein shall survive the termination of this Agreement.
Notwithstanding anything stated under this Agreement, the aggregate liability of Payinstagate to you from any cause whatsoever shall not in any event exceed the sum equivalent to the preceding one month’s aggregate Service Fees earned by Payinstagate under this Agreement from the date of occurrence of such liability. Provided that Payinstagate shall not be liable to you for any special, incidental, indirect or consequential damages, damages from loss of profits or business opportunities even if you have been advised in advance of the possibility of such loss, cost or damages. In no event shall Payinstagate be liable to the Customers or any third party. In no event shall the Nodal Bank or the Acquiring Bank be liable to you in any way under this Agreement.
Payinstagate will make all reasonable efforts to provide uninterrupted service subject to down time and regular maintenance. However, notwithstanding anything in this Agreement, the Payinstagate Site, Payinstagate Services and the Acquiring Bank’s Services may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro and Payinstagate and the Acquiring Banks disclaim all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of the services for a particular purpose. Although Payinstagate adopts security measures it considers appropriate for the offer of the Payinstagate Service, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the Payinstagate Service or your/Customer data. Payinstagate shall not be responsible or liable if any unauthorized person hacks into or gains access to the Payinstagate Service or to your Payinstagate Account. In event of incorrect settlement in the Merchant’s Account due to error on the part of Payinstagate or the Bank, Payinstagate shall have the right to reverse the extra funds from the Merchant Bank Account. In addition, you shall be fully liable to return the extra funds settled within 7 (seven) days of intimation by Payinstagate. Subject to the other clauses of this Agreement, in the event that the Settlement Amounts to be transferred to you have not been transferred, Payinstagate shall endeavour to settle the relevant Settlement Amount to the Merchant’s account within 7 (seven) days of notification from you. In addition Payinstagate shall not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage to the Customer’s access to and/or use of the Merchant Site, Payinstagate Services and/or the Payment Mechanism, interruption or stoppage of Payinstagate Site, hacking or unauthorized access to the Payinstagate Services, Software Application and Internet Payment Gateway, non-availability of connectivity between the Merchant Site and Payinstagate Site, etc. Any material/information downloaded or otherwise obtained through the use of the Payinstagate Services is done at your own discretion and risk and you will be solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Payinstagate or through or from the use of Payinstagate Services shall create any warranty. Payinstagate shall have no liability in this respect.
Payinstagate's sole obligation and your sole and exclusive remedy in the event of interruption in Payinstagate Site, or loss of use and/or access to Payinstagate Site, the Acquiring banks Services and the Payment Mechanism and services, shall be to use all reasonable endeavours to restore the Services and/or access to the Payment Mechanism as soon as reasonably possible.
Payinstagate or Acquiring Bank obligations under this Agreement are subject to following limitations:
a. messages that originate from the server of your or the server of a third party designated by you (e.g., a host) shall be deemed to be authorized by you, and Payinstagate shall not be liable for processing such messages;
b. messages that originate from the cardholder are deemed to be authorized by the cardholder and Payinstagate shall not be required to check its veracity and Payinstagate shall not be liable for processing such messages;
c. Payinstagate or the Acquiring Bank are not responsible for the security of data residing on the your server or a third party designated by you (e.g., a host) or on the server of a cardholder or a third party designated by you/cardholder (e.g., a host); and
d. Payinstagate and/or the Acquiring Banks shall have no liability for any failure or delay in performing its obligations under this facility if such failure or delay:
(i) is caused by the your acts or omissions;
(ii) results from actions taken by Payinstagate or the Acquiring Banks in a reasonable good faith to avoid violating a law, rule or regulation of any governmental authority or to prevent fraud on cardholders/accounts; or
(iii) is caused by circumstances beyond Payinstagate control, including but not limited to vandalism, hacking, theft, phone service disruptions, Internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of Force Majeure event.
Payinstagate may assign, in whole or in part, the benefits or obligations of this Agreement by providing thirty (30) days prior intimation of such assignment to you, which shall be binding on the Parties to this Agreement.
Payinstagate shall not be liable for its failure to perform under this Agreement as a result of any event of force majeure events like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of Payinstagate or the Acquiring Banks.
This Agreement (and any dispute or claim relating to it, its enforceability or its termination) is to be governed by and construed in accordance with the laws of India. Each of the Parties agrees that, if any dispute(s) or difference(s) shall arise between the Parties in connection with or arising out of this Agreement, the Parties shall attempt, for a period of 30 (thirty) days from the receipt of a notice from the other Party of the existence of a dispute(s), to settle such dispute(s) by mutual discussions between the Parties. If the said dispute(s) cannot be settled by mutual discussions within the thirty-day period provided above, either Party may refer the matter to a sole arbitrator to be mutually appointed in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held under the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in English language at New Delhi. The courts at New Delhi shall have the exclusive jurisdiction over any disputes relating to the subject matter of this Agreement.
Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement.
If any provision of this Agreement is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Agreement unlawful or otherwise ineffective, the remainder of this Agreement shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
It is agreed and clarified that this Agreement is on a non-exclusive basis and the Parties are at liberty to enter into similar Agreements with others.
This Agreement constitutes the entire Agreement and understanding between the Parties, and supersedes any previous agreement or understanding or promise between the Parties, relating to the subject matter of this Agreement. All Schedules, Recitals and Annexure to this Agreement shall be an integral part of this Agreement and will be in full force and effect as though they were expressly set out in the body of this Agreement.
All notices, requests, demands, waivers and other communications required or permitted to be given under the Agreement shall be in writing through certified or registered mail, courier, email, facsimile or telegram to be sent to the following addresses:
For Payinstagate:
Attn: Legal Department (Payinstagate India)
Payinstagate Payments Private Limited
9th Floor, Bestech Business Tower, Sector 48,
Gurgaon 122001, Haryana
For Merchant: To the name and address provided for at the time of registration Or, in each case, at such other address as may be specified in writing to the other Parties in accordance with the requirements of this Clause. All such notices, requests, demands, waivers and other communications shall be deemed duly given
(i) if by personal delivery, on the day after such delivery,
(ii) if by certified or registered mail, on the10th (tenth) day after the mailing thereof,
(iii) if by courier service or similar service, on the day delivered, or
(iv) if by email, facsimile or telegram, on the day following the day on which such email, facsimile or telegram was sent, provided that a copy is also sent by registered mail and, in the case of a facsimile, electronic confirmation of receipt is received.
This Agreement shall not be varied, amended or modified by any of the Parties in any manner whatsoever unless such variation, amendment or modification is mutually discussed and agreed to in writing and duly executed by both the Parties.
This Agreement may be executed in two or more counterparts, each of which, when executed and delivered, is an original, but all the counterparts taken together shall constitute one document.
Banned list of Products referred to in this Agreement is as mentioned herein below:-
1. Securities including shares, bonds, debentures, share tips etc. and/or any other financial instruments/assets of any description.
2. Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means Endangered species, which includes plants, animals or other organisms (including product derivatives) in danger of extinction. E.g Elephant Tusks, Rhino Horns, etc.
3. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
4. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
5. Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
6. Drugs and drug paraphernalia which include illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms. Psychotropic (mood altering) substances, narcotics, intoxicants of any description, medicines, palliative/curative substances. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical Practitioner. Herbal and Ayurvedic products.
7. Religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person.
8. "Antiquities" and "Art Treasures".
9. Adult goods and services and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or Website memberships of pornography or illegal sites.
10. Body parts which includes organs or other body parts.
11. Child pornography which includes pornographic materials involving minors.
12. Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials. Digital download/PDF (eBook, software) e.g.: Music/Movies: content downloaded from the internet and burned on CDs and sold as genuine.
13. Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled Software. E.g.: Downloaded software copied/ burned on a marketable CD and sold as authentic/ trial versions of software downloaded and sold as genuine. Bundled software is software distributed with another product such as a piece of computer hardware or other electronic devices or a group of software packages which are sold together and are released/ authorized by Manufacturers Only.
14. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods.
15. Endangered species which includes plants, animals or other organisms (including derivatives) in danger of extinction.
16. Gaming/gambling which includes lottery tickets, contests, sports bets, memberships/ enrollment in online gambling sites, and related content.
17. Hacking and cracking materials which includes manuals, how-to-do guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property.
18. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
19. Offensive goods which includes literature, products or other materials that:
a. Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors.
b. Encourage or incite violent acts.
c. Promote intolerance or hatred.
d. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
20. Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances.
21. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications.
22. Wholesale currency which includes discounted currencies or currency exchanges.
23. Any product or service which is not in compliance with all applicable laws and regulations of India or international, whether federal, state, local.
24. Businesses or websites that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. Web-based telephony, Websites supplying medicines or controlled substances, websites that promise online match-making).
25. Businesses banned/kept strict vigil on, by law (e.g. Betting & Gambling/lotteries/sweepstakes & games of chance).
26. SIM cards.
27. Selling of medical packages.
28. Unauthorized Wallet services.
29. Sites booking online appointments, websites selling VIA Call Centers.
30. Technical Support Eg: Web Hosting, SEO, Web designing, and allied services.
31. Pyramid/Referral Schemes Eg: A pyramid scheme/ referral scheme is an unsustainable business model that involves promising participants payment or services, primarily for enrolling other people into the scheme, rather than supplying any real investment or sale of products or services to the public.
32. Marketing – Bulk Emails, Bulk SMS’s. Eg: mails/messages sent via mail servers and/or Bulk SMS service providers.
33. Spy Camera’s and Likewise.
34. Protein Supplements, Height increaser, Weight Loss/Gain, Impotency, Hair Loss/Hair Fall , Memory Enhancement, etc.
35. Counseling and consulting services/market research - Online Consulting – Of any Kind.
36. Recruitment classifieds/job portals. work-at-home jobs/information.
37. Rental services for goods.
38. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.
39. Drop-shipped merchandise. Eg: Drop shipping is a supply chain management technique in which the retailer does not keep goods in stock, but instead transfers customer orders and shipment details to either the manufacturer or a wholesaler, who then ships the goods directly to the customer.
40. Portfolio design. Eg: Financial services like Mutual Funds, Stocks, IPOs, etc.
In addition, the following activities are restricted and not permitted under this Agreement:
a. Using Payinstagate Services while impersonating any person or entity or falsely claiming an affiliation with any person or entity;
b. Using Payinstagate Services to make unsolicited offers, advertisements, proposals, or to send junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signature;
c. Using Payinstagate Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data collection and privacy;
d. Using Payinstagate Services to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about Customers, registered recipients, or third parties without their consent;
e. Using Payinstagate Services to collect legal fees;
f. Using Payinstagate Services in order to act as a private banking institution;
g. Any activity which is in violation of the Competition Act 2002 and the rules and regulations framed thereunder;
h. Using Payinstagate Services in any manner that could damage, disable, overburden, or impair Payinstagate and/or Acquiring Bank, including without limitation, using the Services in an automated manner;
i. Using Payinstagate Services, in any manner or for whatsoever purpose, to host, display, upload, modify, publish, transmit, update or share any Information that:
i. belongs to another person and to which the User does not have any right to,
ii. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever,
iii. harm minors in any way,
iv. infringes any patent, trademark, copyright or other proprietary rights of any third party,
v. violates any law for the time being in force,
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature,
vii. impersonate another person,
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, and
ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.