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Terms & Conditions

  • Introduction and Terms of Use
    The terms and conditions contained hereinafter (“TERMS OF USE”) shall apply to the use of the SET APPLICATION and any other linked pages, features, content or application services (including but without limitation to any mobile application services) offered from time to time by Payswiff Solutions Private Limited. (“PAYSWIFF” or “WE” or “OUR” or “US”)Any person logging on to or using the Application (even when such person does not avail of any services provided in the Application (“SERVICES”) (“USER” or “YOU”) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately provided on the App) and unconditionally accepted the terms and conditions set out herein and this constitutes a binding and enforceable agreement between the User and Payswiff. These Terms of Use does not alter in any way the terms or conditions of any other written agreement you may have with Payswiff for other services.

     

    Please read the terms set out hereunder carefully before agreeing to the same. If you do not agree to these Terms of Use, please immediately terminate your use of the App. You can accept the Terms of Use by:

    Clicking to accept or agree to the Terms of Use, where this option is made available to you by Payswiff in the User interface for any particular Service; or

    Accessing or actually using the Services. In this case, you understand and agree that Payswiff will treat your use of the Services as acceptance of the Terms of Use from that point onwards.

    For the purpose of these Terms of Use, wherever the context so requires, the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of herself or any other legal entity.

    It is clarified that the Privacy Policy (provided separately), form an integral part of these Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the App.

    The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to thes User. The latest Terms of Use will be posted here. Any such changes by Payswiff will be effective immediately. By continuing to use this Appor access/ usage of our Services after changes are made, you agree to be bound by the revised/ amended Terms of Use. You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction that may be applicable to you in connection with your business and use of our Services.

  • Provision of the Services being offered by Payswiff
    Payswiff is constantly evolving in order to provide the best possible experience and information for its Users. You acknowledge and agree that the form and nature of the Services which Payswiff provides may change from time to time without any prior notice to you.As part of this continuing process, you acknowledge and agree that Payswiff may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at Payswiff’s sole discretion, without any prior notice. You may stop using the Services at any point of time. You do not need to specifically inform Payswiff when you stop using the Services.Payswiff reserves the right to delete your User information stored in your account including but not limited to all or any personal information or any sensitive personal data or information stored in your User account. Payswiff can also add certain information about the User based on Payswiff’s internal checks about the User.

    You acknowledge and agree that while Payswiff may not currently have set a fixed upper limit on the number of transmissions and amount involved in the transactions you may send or receive through the Services, such fixed upper limits may be set by Payswiff at any time, solely at Payswiff’s discretion.

    By using our Services, you agree that Payswiff disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Payswiff reserves the right to make changes and corrections to any part of the content of this Application at any time without any prior notice. Unless stated otherwise, all pictures and information contained on this Application are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock.

    Use of the Services by User

    In order to access certain Services, you may be required to open a User account with Payswiff by providing information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You will be required to enter a valid phone number while signing up on the Platform. By registering your phone number and email id with us, you consent to be contacted by us via phone calls and/or SMS notifications or through message communication service providers including but not limited to Whatsapp, in app communications etc, in case of any account related updates/information/queries. All such communications shall be binding on the Parties. You agree that any Registration Data you give to Payswiff will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with the Terms of Use (whether wholly or in part), we reserve the right to reject your registration and/ or indefinitely suspend or terminate your User account and to refuse to provide you access to the App. Further, you agree to indemnify and keep us indemnified from and against all claims resulting from the use of any detail/ information/ Registration Data that you post and/ or supply to us. We shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior intimation to you.

    In order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.

    You understand and undertake that you shall be solely responsible for the Registration Data and the User content and undertake neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:

    • belongs to another person and to which you do not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, 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;
    • harms minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
    • violates any law for the time being in force;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • impersonates another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
    • is illegal in any other way.

    You agree and understand that Payswiff reserves the right to remove and/or edit such detail / information.

    You agree to use the Services only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

    You agree to use the data owned by Payswiff (as available on the Application or through any other means like API etc.) only for business registered with Payswiff and not for any other commercial use unless informed and approved by Payswiff in writing.

    You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Payswiff, unless you have been specifically allowed to do so in a separate agreement with Payswiff.

    You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this App.

    Unless you have been specifically permitted to do so in a separate agreement with Payswiff, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

    You agree that you are solely responsible for (and that Payswiff has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Payswiff may suffer) of any such breach. You further agree to the use of your data, in accordance with the Privacy Policy.

    Payswiff may share any Content generated by the User or their Registration Data with governmental agencies who are lawfully authorized for investigative, protective, cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any law for the time being in force.

  • Eligibility Criteria
    Any person who is above 18 (eighteen) years of age and competent to contract under the applicable laws is eligible to access or visit the Application or avail the Services displayed therein. Your use or access of the Application shall be treated as your representation that you are competent to contract and if you are registering as a business entity that you represent and warrant that you have the authority to bind such business entity to the Terms of Use.The User represents and warrants that it will be financially responsible for all of User’s usage (including the purchase of any Service) and access of the App. The User shall also be responsible for use of User’s account by others. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Application shall automatically stand revoked in such cases.
  • Verification of Information
    Payswiff 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, the user authorize Payswiff to request for supplemental documentation at any time (before or after your Payswiff Account has been activated), in order to verify your identity, the accuracy of the information provided. If Payswiff cannot verify that this information is accurate and complete, Payswiff may deny your use of the Services, or close your Payswiff Account at any time. At any time, Payswiff and/or the Payment System Providers may conclude that you will not be permitted to use the Services.
  • Proprietary Rights
    You acknowledge and agree that Payswiff own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Payswiff and that you shall not disclose such information without Payswiff’s prior written consent.Unless you have agreed otherwise in writing with Payswiff, nothing in the Terms of Use gives you a right to use any of Payswiff trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.Unless you have been expressly authorized to do so in writing by Payswiff, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
  • Exclusion of Warranties
    You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an “as is” and “as available” basis.In particular, Payswiff, its parent company, subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
    • The information or Contents provided on the Application will be accurate, complete and updated;
    • oYour use of the Services will meet your requirements;
    • Your use of the Services will be uninterrupted, timely, secure or free from error;
    • Any information obtained by you as a result of your use of the Services will be accurate or reliable, and
    • oThat defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
    • Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage.No advice or information, whether oral or written, obtained by you from Payswiff or from the use of Services shall create any warranty not expressly stated in the terms.Payswiff further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
  • Limitation of Liability
    • Subject to overall provision stated above, you expressly understand and agree that Payswiff, its parent company, subsidiaries and affiliates, and its licensors shall not be liable to you for:
    • Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
    • Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services;
    • The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
    • Your failure to provide Payswiff with accurate Registration Data; or
    • Your failure to keep your password or account details secure and confidential.

    The limitations on Payswiff’s liability to you shall apply whether or not Payswiff has been advised of or should have been aware of the possibility of any such losses arising.

  • Prohibited Services
    You agree you will not accept payments in connection with the following businesses, business activities or business practices:
    • embassies, foreign consulates or other foreign governments;
    • door-to-door sales;
    • offering substantial rebates or special incentives to the cardholder subsequent to the original purchase;
    • negative response marketing;
    • engaging in deceptive marketing practices;
    • sharing cardholder’s data with another merchant for payment of up-sell or cross-sell product or service;
    • evading card network’s chargeback monitoring programs;
    • engaging in any form of licensed or unlicensed aggregation or factoring;
    • airlines;
    • age restricted products or services;
    • bail bonds;
    • bankruptcy lawyers;
    • bidding fee auctions;
    • collection agencies;
    • chain letters;
    • cheque cashing, wire transfers or money orders;
    • counterfeit goods (e.g. knock-offs, imitations, bootlegs);
    • currency exchanges or dealers;
    • firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counselling, repair or protection or real estate purchases with no money down;
    • credit card and identity theft protection;
    • cruise lines;
    • essay mills;
    • flea markets (firms/ individuals operating from a booth, on a part time basis with no lease or telephone availability; whether indoor or outdoor);
    • drug paraphernalia;
    • extended warranties;
    • “get rich quick” schemes;
    • gambling (including but not limited to lotteries, internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services);
    • sports forecasting or odds making;
    • illegal products or services;
    • mail-order brides;
    • marijuana dispensaries and related businesses;
    • money transmitters or money service businesses;
    • multi-level marketing or pyramid schemes;
    • online, mail, or telephone order pharmacies or pharmacy referral services;
    • prepaid phone cards, phone services or cell phones;
    • pseudo pharmaceuticals;
    • quasi-cash or stored value;
    • securities brokers;
    • sexually-oriented or pornographic products or services;
    • shipping or forwarding brokers;
    • substances designed to mimic illegal drugs;
    • telemarketing;
    • timeshares;
    • online, mail, or telephone order tobacco or e-cigarette sales;
    • weapons and ammunitions;
    • virtual currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world;
    • products/services intended to inflict or promote revenge, harassment, and other forms of abuse, humiliation and intimidation.
  • Technical Issues
    In case of any technical issues, please raise a support ticket from your service dashboard or by raising a request at  . You can also contact us on 1800-123-6327 in case of urgent matters.
  • Governing Law, Jurisdiction and Disputes Settlement
    These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought exclusively in the competent courts/ tribunals having jurisdiction in Hyderabad in India and irrevocably submit themselves to the jurisdiction of such courts/ tribunals.
  • Grievance and Complaints
    Any complaints or concerns with regards to content of this Application or comment or breach of these Terms of Use or any intellectual property of any User shall be immediately informed to the designated POC in writing or through email signed with electronic signature.

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