TABLE OF
CONTENTS
These
Terms
and Conditions Payfy
payfy.in website as well as any other
media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the
“Site”). India and have our
registered office at __________ __________ . Terms and Conditions
. IF YOU DO NOT AGREE WITH ALL OF
THESE TERMS
AND CONDITIONS
Supplemental
terms and conditions or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms and Conditions Terms
and Conditions Terms
and Conditions Terms
and Conditions
The
information provided on the Site is not intended for distribution
to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or
regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Site from other locations
do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
applicable.
Unless
otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are owned or controlled
by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and
unfair competition laws of the United States, international
copyright laws, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms
and Conditions
Provided
that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy
of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve
all rights not expressly granted to you in and to the Site, the
Content and the Marks.
By
using the Site, you represent and warrant that:
( 1) all
registration information you submit will be true, accurate,
current, and complete; ( 2 ) you will
maintain the accuracy of such information and promptly update such
registration information as
necessary;
(3) you have
the legal capacity and you agree to comply with these Terms
and Conditions ;
(5) you will
not access the Site through automated or non-human means, whether
through a bot, script or otherwise; (6) you will
not use the Site for any illegal or unauthorized purpose; and (7) your use
of the Site will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Site (or any portion thereof).
4.
USER REGISTRATION
You
may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
We
accept the following forms of payment:
You
may be required to purchase or pay a fee to access some of our
services. You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the
Site. You further agree to promptly update account and payment
information, including email address, payment method, and
payment card expiration date, so that we can complete your
transactions and contact you as needed. We bill you through an
online billing account for purchases made via the Site. Sales
tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall be
in INR .
You
agree to pay all charges or fees at the prices then in effect
for your purchases, and you authorize us to charge your chosen
payment provider for any such amounts upon making your purchase.
We
reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment. We also
reserve the right to refuse any order placed through the Site.
If any payment transcation not successful at vendor side then Refund will be initiated and time required is 4-6 weeks.
If
you are unsatisfied with our services, please email us at contact@payfy.in
You
may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As
a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use
the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
Use the Site to advertise or offer to sell goods and services.
9.
USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of
or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other
users of the Site to use your Contributions in any manner
contemplated by the Site and these
Terms and Conditions . - You have the written consent,
release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner
contemplated by the Site and these
Terms and Conditions . - Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used
to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person
or class of people.
- Your Contributions do not
violate any applicable law, regulation, or rule.
- Your Contributions do not
violate the privacy or publicity rights of any third party.
- Your Contributions do not
violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of
minors.
- Your Contributions do not
include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical
handicap.
- Your Contributions do not
otherwise violate, or link to material that violates, any
provision of these
Terms and Conditions , or any applicable law or regulation.
Any
use of the Site in violation of the foregoing violates these Terms
and Conditions
10.
CONTRIBUTION LICENSE
You
and the Site agree that we may access, store, process, and use any
information and personal data that you provide following the terms
of the Privacy Policy and your choices (including settings).
By
submitting suggestions or other feedback regarding the Site, you
agree that we can use and share such feedback for any
purpose without compensation to you.
We
do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area
on the Site. You are solely responsible for your Contributions to
the Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us
regarding your Contributions.
11.
MOBILE APPLICATION LICENSE
Use
License
If
you access the Site via a mobile application, then we grant you
a revocable, non-exclusive, non-transferable, limited right to
install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the
mobile application on such devices strictly in accordance with
the terms and conditions of this mobile application license
contained in these Terms and Conditions
The
following terms apply when you use a mobile application obtained
from either the Apple Store or Google Play (each an “App
Distributor”) to access the Site: (1) the license granted to you
for our mobile application is limited to a non-transferable
license to use the application on a device that utilizes the
Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to
the mobile application as specified in the terms and conditions
of this mobile application license contained in these Terms
and Conditions Terms and Conditions Terms
and Conditions
12.
SOCIAL MEDIA
As
part of the functionality of the Site, you may link your account
with online accounts you have with third-party service providers
(each such account, a “Third-Party Account”) by either: (1)
providing your Third-Party Account login information through the
Site; or (2) allowing us to access your Third-Party Account, as
is permitted under the applicable terms and conditions that
govern your use of each Third-Party Account. You represent and
warrant that you are entitled to disclose your Third-Party
Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms
and conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or making us
subject to any usage limitations imposed by the third-party
service provider of the Third-Party Account. By granting us
access to any Third-Party Accounts, you understand that (1) we
may access, make available, and store (if applicable) any content
that you have provided to and stored in your Third-Party Account
(the “Social Network Content”) so that it is available on and
through the Site via your account, including without limitation
any friend lists and (2) we may submit to and receive from your
Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to
the privacy settings that you have set in such Third-Party
Accounts, personally identifiable information that you post to
your Third-Party Accounts may be available on and through your
account on the Site. Please note that if a Third-Party Account or
associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available
on and through the Site. You will have the ability to disable the
connection between your account on the Site and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and
agree that we may access your email address book associated with
a Third-Party Account and your contacts list stored on your
mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also
registered to use the Site. You can deactivate the connection
between the Site and your Third-Party Account by contacting us
using the contact information below or through your account
settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such
Third-Party Account, except the username and profile picture that
become associated with your account.
You
acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and
shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled
to the unrestricted use and dissemination of these Submissions
for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any
such Submissions are original with you or that you have the right
to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
We
reserve the right, but not the obligation, to: (1) monitor the
Site for violations of these Terms and Conditions Terms and Conditions
15.
COPYRIGHT INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe
that any material available on or through the Site infringes upon
any copyright you own or control, please immediately notify us
using the contact information provided below (a “Notification”). A
copy of your Notification will be sent to the person who posted or
stored the material addressed in the Notification. Please be
advised that pursuant to applicable law you may be held liable for
damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by
the Site infringes your copyright, you should consider first
contacting an attorney.
These
Terms
and Conditions TERMS
AND CONDITIONS TERMS
AND CONDITIONS YOUR
ACCOUNT
AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve
the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
We
reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information
on our Site. We also reserve the right to modify or discontinue
all or part of the Site without notice at any time. We will not be
liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site.
We
cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site
at any time or for any reason without notice to you. You agree
that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Site
during any downtime or discontinuance of the Site. Nothing in
these Terms
and Conditions
These Terms shall be governed
by and defined following the laws of India Payfy
and yourself irrevocably consent that the courts of India
Informal Negotiations
To expedite resolution
and control the cost of any dispute, controversy, or claim related
to these Terms
and Conditions __________ days before initiating
arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding
Arbitration
Any dispute arising out of or
in connection with this contract, including any question regarding
its existence, validity, or termination, shall be referred to and
finally resolved by the International Commercial Arbitration Court
under the European Arbitration Chamber (Belgium, Brussels, Avenue
Louise, 146) according to the Rules of this ICAC, which, as a
result of referring to it, is considered as the part of this
clause. The number of arbitrators shall be __________ .
The seat, or legal place, of arbitration shall be __________
. The language to be used
in the arbitral proceedings shall be __________ .
The governing law of the contract shall be the substantive law of __________
Restrictions
The Parties agree that any
arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public
or any other persons.
20.
CORRECTIONS
There may be information on
the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
21.
DISCLAIMER
THE SITE IS PROVIDED ON AN
AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE
AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE
SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
22.
LIMITATIONS OF LIABILITY
IN NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
23.
INDEMNIFICATION
You agree to defend,
indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim,
or demand, including reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of: (1) use of the Site; (2) breach of
these Terms
and Conditions Terms
and Conditions
24. USER DATA
We will maintain certain data
that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of
the Site. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You
agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such
data.
25.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the
Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SITE. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic means.
26.
MISCELLANEOUS
These Terms
and Conditions Terms
and Conditions Terms
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and Conditions Terms
and Conditions Terms
and Conditions Terms and Conditions Terms
and Conditions Terms
and Conditions
27. CONTACT
US
In order
to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at: