This legal 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 legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of www.ipaysay.in , its mobile app and its back-end systems. (“IPAYSAY”)
IPAYSAY is owned by the sole proprietorship firm IPAYSAY MULTISERVICES having its registered office at Asha Chambers, Opp. S.P.Mehta Market, Satta Bazar, Jamnagar, Gujarat, India,-361001. This is an agreement between IPAYSAY and user which shall be binding on the User.
These terms of services shall apply to all users which use IPAYSAY. Users in this context shall include owners, managers and staff members of IPAYSAY partnered merchants and end users who use IPAYSAY to connect with IPAYSAY partnered merchants.
By using this web/app/app, clicking the “I accept/ I agree” button or completing the registration process, you clearly agree and acknowledge that you have reviewed these terms of service, given consent and accepted this agreement.
References in these Terms to "we" or "us" or “web” or “app” or “IPAYSAY” are references to IPAYSAY and “you” as a user of IPAYSAY.
Purpose of IPAYSAY
Our main is of online recharge for various kinds of Bill Payment like Mobile, Postpaid, DTH, Data card, Electricity, Land line and Gas Bills. Other purpose is cash back offer through an e-wallet system.
This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use IPAYSAY, including any sub domains, Web pages or extension of IPAYSAY and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of IPAYSAY and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean
1) any natural or legal person owning a retail business and who has agreed to become a user of the web/app by accessing or browsing the web/app and has registered as a merchant user of the web/app by submitting identification information/ registration details using the computer system of this web/app and Accepting the electronic record of the User Agreement.
2) any natural person or legal person who is an end user of web/app who would like to take services of our partner merchants and who has agreed to become a user of the web/app by accessing or browsing the web/app and has registered as a user of the web/app by submitting identification information/ registration details using the computer system of this web/app and Accepting the electronic record of the User Agreement.
Amendment: The IPAYSAY reserves the right to change this web/app and/or alter the terms and conditions of this User Agreement as well other policies at any time and retains the right to deny access to anyone who the IPAYSAY believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the web/app on publicly accessible links and you agree by accessing, browsing or using this web/app that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the IPAYSAY posts the same on the web/app. [In the event, that the User Agreement includes a substantial change, the IPAYSAY will provide prior notice of such substantial change by posting the same on the web/app and also at the email address provided by the User to the IPAYSAY. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by IPAYSAY Rules and Policies as provided from time to time.
This web/app may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the web/app. A minor is not allowed to access or register as a user on the web/app. In case of registration by an entity, by accepting the User Agreement you represent that such an entity has sufficient authority under applicable law to enter into the User Agreement to accept this User Agreement.
Authorized Representative of Enterprise User
You clearly agree and acknowledge informing us complete details of your authorized representative for using IPAYSAY. In case you have authorized some third party agency to take care of your IPAYSAY account then you clearly agree and acknowledge providing us complete details of such agency in the manner and format as specified from time to time by us.
Registration and Communication
You may register on IPAYSAY through our login feature. Alternatively, you may register on IPAYSAY through your existing account such as Face Book and Gmail. In that case you grant us the permission to access those account details which are needed to complete your registration on IPAYSAY. You are solely responsible for maintaining secrecy and confidentiality of your login credentials. You hereby acknowledge and accept that the web/app will grant access to any person who has obtained your login credentials in the same manner as it would have granted access to you and you are responsible for all activities conducted under your account. The IPAYSAY, its employees or associates shall never be responsible in any manner for any kind of losses whatsoever occurring from such breach of security.
You agree that your sole purpose of registering or using the web/app is to subscribe about the deals for recharge purposes. You shall not use this web/app for any other purpose including for subscription other than as mentioned above or products that are not allowed under applicable law in any manner.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the web/app. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the web/app to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the IPAYSAY has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the IPAYSAY reserves the right to indefinitely suspend or terminate or block your use or access to the web/app in any manner whatsoever.
Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on the web/app by IPAYSAY. You further agree that your use of the web/app or provision of any data or information including any correspondence (by email or otherwise) to or by IPAYSAY is through electronic records and you give consent to receive communication from IPAYSAY via electronic records which will be deemed adequate service of notice/ electronic record.
User may only register with IPAYSAY if you have the necessary technical requirements at your disposal. Technical requirements are PC/Tablet and broadband internet connection & android smart phone having at least 3G internet connection. The availability and the proper functioning of these technical requirements are the sole responsibility of the User.
The instructions “How to use” IPAYSAY will be available on the homepage of the web/app. All users are to ensure that they read and adhere to these instructions for accessing IPAYSAY. The user agrees that IPAYSAY shall not be held responsible in event of any occurrence due to the non adherence of these instructions which prevents the user from using the web/app as designed or due to any reasons over which IPAYSAY have no control.
You also give permission to the IPAYSAY to store details and records of your usage of the web/app indefinitely. However, this does not constitute any obligation on the part of the IPAYSAY or the web/app to do so.
Users are responsible for paying all charges as applicable from time to time and as associated with the use of the web/app and shall be liable to pay any and all applicable taxes, charges, cess etc. which may be levied. In case of any non- payment, IPAYSAY reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with the web/app and disallow access to the web/app.
IF THERE WILL BE SHOWN ANY KIND OF SUSPICIOUS ACTIVITY BY USER, THEN WE HAVE TO RIGHTS TO BLOCK THAT USER.
IF ANY USER'S ACCOUNT WILL BE BLOCKED SO HE/SHE CAN NOT TAKE ANY ADVANTAGES OS SERVICESPROVIDE BY IPAYSAY AND HIS/HER ALL TRANSACTION WILL BE BLOCKED TILL HE/SHE DOES NOT COMPLETE THE CONDITION OR VERIFICATION OF IPAYSAY.
HIS/HER ACCOUNT WILL UNBLOCKED AFTER 72 HOURS WHEN HE/SHE COMPLETED THE CONDITION OR VERIFICATION OF IPAYSAY.
IPAYSAY reserves the right to introduce new services or modify/upgrade the existing services provided on the web/app. Additionally, IPAYSAY at its sole discretion may introduce new charges for the new or modified/upgraded services provided. Changes to the User Agreement or any of the rules and policies of the IPAYSAY shall be posted on the web/app and such changes shall automatically become effective immediately after they are posted on the web/app.
IPAYSAY uses Payment systems as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be.
IPAYSAY neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall IPAYSAY be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.
Services Activation and Delivery:
Activation e-mail/sms- After the registration and successful payment of recharge payment, the user will get an e-mail/sms for the acknowledgment.
Services- User may receive relevant services according to the chosen recharge package as per the standard practices of appropriate merchant. However, you agree and acknowledge that IPAYSAY shall never be held responsible for any delays due to whatsoever reasons. Web/app access is not possible during maintenance periods. Users may be informed about maintenance periods wherever possible.
The user agrees and acknowledges that IPAYSAY shall never be held responsible for any problems that may arise during the course of the services due to the internet malfunction/connectivity issues and when the web/app is closed for maintenance / updating with or without prior notice.
User account and security
To register for the service, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form, including your e-mail address and mobile number. You will protect your account and take full responsibility for your own, and third party, use of your accounts. You are solely responsible for any and all activities that occur under your account. You must notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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; or unlawfully threatening or unlawfully harassing harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person or use an anonymous proxy;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- 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 cognizable offence or prevents investigation of any offence or is insulting any other nation;
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- may give rise to liability on part of the web/app or the IPAYSAY or cause any hindrance (in whole or in part)
In case of any violation of the above provisions, IPAYSAY has the right to immediately terminate the access or usage rights of the user to the web/app without any notice and any such violative information that is displayed or submitted on the web/app can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the web/app to restore or keep back up of your information and data and not hold the web/app or IPAYSAY accountable for any loss of data in any circumstances.
You will also refrain from accessing information or databases in an unauthorized manner from the web/app or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the web/app and also for taking appropriate legal actions.
If you choose to provide feedback on the web/app which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so.
You shall not place any advertisements on the web/app in any manner. Further, you shall not use the web/app to promote any other person’s business or interests on the web/app unless permitted by IPAYSAY in writing.
Obligations under relevant sections of Indian Cyber Laws
You agree and acknowledge that
- You shall not use this web/app for any purpose that is unlawful and illegal.
- You shall not try to penetrate the web/app and will not implant any virus, Trojan, worm, spyware, malware, spam, spim, scareware, bots, logic bomb, time bomb, key-loggers and any other automated tool like DOS or DDOS attack tool (Denial of Service attack) which may lead to computer related offences on our web/app
- You shall not use this web/app for publishing or promoting or transmitting pornographic data or child pornographic details
- You shall not carry out any web jacking attacks on this web/app.
- You understand, agree and acknowledge that you may be held responsible for above criminal, fraudulent, dishonest and injurious activities under criminal offences’ sections 65, 66, ,66B,66C,66D,66E,66F,67,67A,67B,84B and 84C of Indian Information Technology Act,2000 including any amendments therein based on your IP address and other relevant details.
- You further agree and acknowledge that you may be held responsible under sections 43, and 45 of Indian Information Technology Act, 2000 including any amendments therein for compensating damages to IPAYSAY or any other affected party due to business losses such as financial losses, outage losses, opportunity losses, reputational losses and other overheads like repairing, fixing and maintenance in case of any cyber contravention on your part.
Privacy of Data
Third Party Links
We may choose from time to time to provide links to various third-party web/apps from the web/app. This may include links to sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party sites and are not responsible in any way for the privacy practices, customer service practices, content or availability of any such web/apps. You also agree and acknowledge that we shall not be responsible in any way for any damage or loss caused in relation to the recharge related issues or services available through such web/apps.
Contents of IPAYSAY
Information, reports, videos, blogs, newsletters and every other feature (Collectively known as “online contents”) may be added to and removed from the Service without notice. The Information, reports, videos, blogs, newsletters and other details included in the Service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Every effort is made to keep online contents up to date but users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. The Service and online contents are provided on an ‘as is’ basis and we exclude to the extent permitted by law all implied warranties relating to fitness for a particular purpose.
Reasonable care has been taken to ascertain the accuracy of all contents. IPAYSAY unequivocally states that the contents provided in the web/app shall not be considered as the authority on that topic / subject. Should the user find that any content is inaccurate or does not agree with that derived by the User then the User may voluntarily undertake to inform IPAYSAY about the same through all available means provided in the web/app of IPAYSAY along with the justification / solution / reasoning for the correct content proposed by the user. The User undertakes and acknowledges that IPAYSAY shall not be held responsible for any content(s) given that may be / have been proven wrong at a later stage, without recourse through a meaningful dialogue with IPAYSAY and providing IPAYSAY an opportunity, if required, to undertake corrective action in a mutually agreeable time frame.
You shall indemnify and hold harmless IPAYSAY and our parent IPAYSAY, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.
Intellectual Property Rights (IPR)
The graphics, software, display formats, design, style, Interface, compilation, digital conversion, flow and every other matters related to the web/app are owned by IPAYSAY and protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “IPAYSAY” is a registered trademark of IPAYSAY MULTISERVICES having its registered office address at Asha Chambers, Opp. S.P.Mehta Market, Satta Bazar, Grain Market, Jamnagar, Gujarat, India,-361001.
You shall not make any changes in the design, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, migration process of data, flow and every other related matter. Further, you shall not have any rights to compel/force us to make any changes in aforesaid matters. IPAYSAY whenever deems right shall have the authority to change design, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, migration process of data, flow and every other related matters which shall be applicable to all IPAYSAY users. An intimation of the modification in design may be made via email on the given correspondence email id.
You agree and acknowledge that IPR shall include but not limited to following list of modules and sub-modules of IPAYSAY web/app.
- Recharge Module
- My Account (Wallet)
- Send Money To Bank
- Receive Payment
Every effort has been made to ensure the originality and authenticity of every matter on IPAYSAY. Similarities with any other matter on similar subjects / topics available in any form elsewhere are purely coincidental. The user unequivocally agrees to ensure that in event of claiming a copyright violation the user will undertake to first inform us through all available means provided in the web/app of IPAYSAY about the nature of copyright violation and suspected user who is prima facie responsible for said copyright violations as well undertakes not to proceed with legal / judicial action without recourse through a meaningful dialogue with us and providing us an opportunity to undertake corrective action, if required, in a mutually agreeable time frame. Further, we have published our intermediary compliance policy as per Section 79 of I. T. Act, 2000 and its rules. Therefore, you agree and acknowledge adhering to grievance related procedure as described in the said intermediary compliance policy.
Other products/services, retailer names, distributor names and brand name displayed on the web/app may be the trademarks or copyrights of their respective owners.
Users shall not:
- re-sell the Service or any part of the contents to others;
- make the Service or any contents available to Unauthorized Persons on any network;
- abstract, download, store, reproduce, transmit, display, copy, distribute or use web/app other than as permitted;
- decompile, disassemble or reverse engineer software programs, databases or other systems used by us to provide the Service;
- use the Service for any illegal purpose nor send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others, nor use the Service to send any unsolicited promotional or advertising material, or any volume messages which may interfere with the provision of the Service or the enjoyment of the Service by other users
Termination of services
This Agreement shall commence on the Start Date stated in the activation email/sms and shall survive till it is terminated by IPAYSAY and we may send specific e-notice for the same.
If, at any time, we have reasonable grounds to believe that the user is not using the web/app in accordance with this Agreement including, without limitation, by permitting or acquiescing to the use of the Data by persons other than the users identified in the subscription, we may suspend the provision of the Service to the User. You agree and acknowledge that we shall have no obligation to reinstate the Service until disputed issue(s) has been agreed between the parties. You further agree and acknowledge that we shall have no liability for any loss, damage or inconvenience caused to you by such a suspension of the Service. Once the suspension has been lifted, and provided that the issues surrounding the suspension have been resolved, the user will be entitled to receive and missing data (if any) accumulated during the suspension period. Also, you agree and acknowledge that any restrictions on access rights due to default on your part shall never be termed as denial of service (DoS) contravention.
On termination of this agreement for any reason:
- All services granted to you under this agreement shall immediately terminate;
- You clearly agree and acknowledge that your IPAYSAY account shall be blocked (which may be removed later on) immediately along with your all data;
- The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.
Limited liability clause
You agree and acknowledge that in no event shall the IPAYSAY or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the web/app, the Pay Facility, or any other services under this User Agreement. Further, you clearly agree and acknowledge that the IPAYSAY’s liability in any circumstance is limited to the amount of charges, if any, paid by you to the IPAYSAY. Here, it is clarified that any disputes between merchant and merchant’s customers (end users) relating to payments/services shall be governed by merchant’s policy only. You agree and acknowledge that IPAYSAY shall never be held responsible for such disputes. The IPAYSAY, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the web/app or that the operation of the web/app or Pay Facility will be error free and/or uninterrupted. Consequently, the IPAYSAY assumes no liability whatsoever for any monetary damages, mental agony, bodily injury, death, accidents or other damages suffered by you on account of any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the web/app or its Pay Facility.
Without limiting other remedies that the IPAYSAY may pursue, the IPAYSAY may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your services, and/or refuse to provide you with access to the web/app or initiate any legal action it may deem fit, particularly in the event:
- You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
- Failure of verification or authentication of any information provided by you;
No actions, omissions or decisions taken by IPAYSAY shall waive any rights or claims that IPAYSAY may have against the User.
Any User that may have been suspended or blocked may not register or attempt to register with the web/app or use the web/app in any manner whatsoever until such time that such User is reinstated by IPAYSAY. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, IPAYSAY reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
Grievance Redressal Process
In case of any grievance, objection or complaint on your part with respect to the web/app, other Users or IPAYSAY, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the web/app, you should promptly raise such grievance or complaint with the designated Grievance Officer at firstname.lastname@example.org and provide him with all necessary information and/or documents to enable the IPAYSAY/ Grievance Officer to resolve the issue. The name and contact details of the Grievance Officer is published on the web/app as required under the provisions of the Information Technology Act, 2000 and the rules made there under.
The contracting parties of this agreement give their consent which is not only free but also legal and voluntarily in nature, for the purposes of entering into this contract in terms of this Agreement and related policies.
Actions in Good Faith
Under this agreement, the actions of both the parties shall be deemed as actions in good faith (bona fide) unless there is evidence to the contrary.
1. All notices given under this agreement shall be in English.
2. If there is any inconsistency between any document and any version of the same document, the English version shall be deemed as effective and authoritative.
Appropriation of Payments
Unless otherwise agreed and specified in writing, both the parties agreed to the principle of Appropriation of Payments. In this context, the principle of Appropriation of the payment shall mean that: In the case of default on payment on more than two occasions, the subsequent payment shall be regarded as payment towards the fulfillment of the first debt.
You clearly agree that breach of this agreement might cause us irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to compensation and any other remedy, we shall be entitled to injunctive relief against such breach or threatened breach, without proving actual damage.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the IPAYSAY and you shall have no authority to bind the IPAYSAY in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the IPAYSAY shall be given by email to email@example.com and any notices to you by the IPAYSAY shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the IPAYSAY with respect to the subject matter herein.
The IPAYSAY at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the IPAYSAY assigns this User Agreement on the same terms or such terms that are no less favorable to you.
All remedies of the IPAYSAY under this User Agreement whether provided herein or conferred by statute, civil law, and custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If any dispute arises between you and the IPAYSAY during your use of the web/app or any service incidental to the web/app or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the IPAYSAY whose decision shall be final. The place of arbitration shall be Jamnagar, Gujarat, India. The Indian Arbitration & Conciliation Act, 1996 (including any amendments therein), shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Jamnagar, Gujarat, India shall have exclusive jurisdiction without any conflict of laws. However, in case of any damages due to cyber contraventions, Jurisdiction of Office of Hon’ble Adjudicating officer, Gandhinagar, State of Gujarat (India) under I. T. Act, 2000 shall be made applicable.
This document is an electronic record in terms of Information Technology Act, 2000 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 signatures.
This Agreement may not be assigned or sublet by the user without the prior written consent of IPAYSAY.
In the Event of Merger, Sale, or Bankruptcy
In the event that IPAYSAY is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Please direct any questions that you may have at any time to firstname.lastname@example.org
You agree and acknowledge that we shall never be held responsible for any tax liabilities for your transactions. Further, for avoidance of doubt and notwithstanding anything to the contrary herein, You will indemnify, reimburse and hold us harmless from, for and against any sales, use, gross receipts, excise, franchise, business or other taxes or fees (including penalties, fines or interest thereon) imposed by any government or other taxing authority to the extent such taxes or fees are assessed on us which is your primary legal obligation.
This Agreement including the current or any renewal Schedule is the complete and exclusive statement of the agreement between the parties hereto and supersedes all prior agreements and communications between the parties concerning the subject matter hereof. The user acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. No variation of this Agreement shall be effective unless in writing signed by the parties and expressed to be such a variation.
No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.
The Clause headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of god, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-out, Internet Shutdown, IT disasters and industrial disputes.
Unless and to the extent otherwise specified herein, all terms of this Agreement which by their nature extend beyond its termination including but not limited to privacy, payment, IPR, indemnity, restrictions, limited liability, arbitration, taxes and others will remain in effect until fulfilled and apply to respective successors and assigns.
In this agreement unless otherwise specified:
- Reference to a Subsidiary or Holding IPAYSAY is to be interpreted in accordance with the Indian Companies Act;
- Reference to a party is reference to a party of this agreement and this includes the party’s permitted assignees and/or the respective successors in title to the whole undertaking;
- Reference to a person includes any person, individual, IPAYSAY, firm, corporation, government, state or agency of a state, or any undertaking regardless of it having a legal representative or not and notwithstanding of the law under which it exists;
- Reference to any statute or statutory instrument or any of its provisions shall be interpreted as a statute or statutory instrument or provisions that is re-enacted or amended from time-to-time;
- All words/terms denoting the singular shall include the plural and vice-varsa;
- All words/terms denoting any gender shall include all genders;
- All references to the clauses and Schedules shall be interpreted as reference to clauses or Schedules of this agreement.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.