The access to and use of this PayMate platform is subject to the following terms and conditions of use ("Terms"). The words, “he”, "his", "You" User””and "Customer" refer to the person(s) who opens the account and shall include both singular and plural. Reference to masculine shall include the feminine and third gender. The terms may be accepted by individuals or entities/non-individuals such as corporates, private limited companies, public limited companies, trusts, association of persons, public sector undertakings, non-government organisations, partnership firms etc. and the terms within the document need to be construed accordingly irrespective of the usage therein. Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, modifications amendments, re-enactments or replacements as may be applicable, for the time being in force. 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.
The User shall comply with all such terms and conditions as PayMate may prescribe from time to time with regard to the Services provided by it. All Transactions effected by or through this PayMate platform, shall constitute legally binding and valid transactions between the user and PayMate.
2.1. For the purpose of these Terms, the following words and phrases shall have the meaning assigned to them under this Article.
means any bank or financial institution that processes debit card or credit card payments of the user
means the service provided by PayMate and Service Providers, if any, to Users, whereby a User can (i) receive payments from their vendors or other payers; or (ii) make payment to suppliers, beneficiaries or other payees, or (iii) make settlement by (a) NEFT/RTGS; or (b) credit/ debit card; or (c) net banking; or (d) any other mode of payment or settlement through banks, that may be accepted by PayMate from time to time
shall mean any person [ individual resident in India and/or a company/partnership firm/sole proprietor/ or entity registered in India] who/which is registered on the PayMate platform for using this PayMate platform and/or who/ which subscribes for the Services through this PayMate platform, to make or to receive payments to or from third parties or to make any settlement. The term "User" shall also cover such personnel of any User who are duly authorized to avail of the Services on behalf of the User.
means such bank account maintained by PayMate under the relevant guidelines of Reserve Bank of India or under any other law or regulation as may be applicable from time to time
means any person to whom a payment is made, using the Services, (and the term includes a User who uses the Services to receive payment).
means any person who makes a payment, using the Services (and the term includes a User who uses the Services to make payment).
mean any services or products which are purchased/ offered for sale by a User to third parties from time to time, Products shall not include those banned products and services that are listed in Annexure A.
means a bank, association, facility provider, card issuing institution, acquiring bank, other financial institution, card processor, clearing house networks or any such vendors or service providers, that PayMate may engage with from time to time to provide the services
means a payment instruction that results in the successful transfer of monies or settlement (a) from a User to a Payee; or (b) from a Payer to a User.
means the total amount payable/ receivable by a User/Payee. This amount shall include all applicable taxes, charges, interest, delivery costs, commissions and other such incidental charges etc.
Application programming interface (API) is a set of subroutine definitions, communication protocols and tools for building software and implies a software code that allows two software program to communicate with each other.
i) any natural person, partnership, corporation, association, or other legal entity directly or indirectly owning, controlling, or holding with power to vote 10% or more of the outstanding voting securities of the user; (ii) any partnership, corporation, association, or other legal entity 10% or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote by the user; (iii) any natural person, partnership, corporation, association, or other legal entity directly or indirectly controlling, controlled by, or under common control with, user; or (iv) any officer or director of the user. Notwithstanding the foregoing, “affiliates” for purposes of this Section 2 shall include only those persons acting on behalf of the user and performing services for the user within the scope of the authority of the user, as set forth in this Agreement.
To be eligible to use the PayMate Services, you must be (a) an entity eligible and registered to carry out business or operate in India; or (b) an individual who is at least 18 years old and a resident of India. The PayMate platform and Services are intended solely for persons who can form legally binding contracts under Indian Contract Act, 1872 and who are 18 years of age or older and anyone who is not previously suspended or removed by PayMate from availing the PayMate Services or accessing the PayMate Platform. Any access to or use of the PayMate platform or Services by anyone under 18 is expressly prohibited. User also confirms and declares that his Payer/ Payee is similarly competent to contract. A User represents and warrants that he has full power and authority for using the Services and is in strict compliance of all laws as applicable from time to time. Finally, the user also represents not to impersonate any person or entity, or falsely state or otherwise misrepresent his identity, age or affiliation with any person or entity.
In order to avail the Services, User must be registered with PayMate and the Service Providers, if required. User shall provide PayMate with all such identification and address proof documents as may be required by PayMate. By registering with PayMate, User agrees to provide true, accurate, current and complete information, failing which PayMate may at any time reject User’s registration and terminate his right to use or access the PayMate platform and/or Services. When User registers on the PayMate, a User Account will be created, that is associated with User’s user name, password and other identifying information. User shall be responsible for anything that happens through his User Account. User also expressly covenants that the User Account shall be used by him only for his valid and genuine business transactions and not otherwise or for any activity prohibited in Annexure A or for scrupulous/fake transactions. User/Payer/Payee hereby expressly acknowledges, agrees and undertakes not to enter into/ facilitate /carry on or attempt to enter into/ facilitate/ carry on any self-financing transaction [“self – financing” means where the registered user avails or uses the Platform to fund his own business account or that of his spouse or relatives or affiliates] on or through PayMate platform. In the event, the User/Payer or Payee is found to be doing so or attempting to do such self financing transaction PayMate shall at its discretion have recourse to take such actions as it deems fit (including suspension of account, investigation etc, levy of fines or penalty, appropriation of funds lying in the user account) as the case may be, including initiating appropriate legal action as may be
The user will be required to submit the following information while registering:
The User authorises PayMate directly or through third parties, to make any inquiries as PayMate consider necessary to validate the identity, including as necessary to comply with the obligations under applicable laws and regulations. This may include asking the user for further information or documentation, requiring him to provide personal identification documents, valid identity proof and address proof.
The Services may be used exclusively by the User for making and receiving payments from and/or to Payer/Payee or making settlement of a valid and legal transaction.
To enable the User to use the Services, a link with login credentials will be communicated to the User on his mobile phone or notified email address and the User irrevocably and unconditionally accepts the sole responsibility for use, confidentiality and protection of said login credentials, including passwords, as well as for all orders and information and changes entered into the mobile/ e mail/web account using such login credentials. For use of services provided by PayMate, the user hereby shall subscribe to a suitable plan as he may deem appropriate and make payment to PayMate as per Payment Terms laid down hereunder.
a) On receiving the necessary details from the Service Provider, PayMate shall initiate the required payment to Payee/User/ as instructed by User/ Payer.
b) Confirmation of the Transaction performed using valid login credentials shall be conclusive evidence of a Transaction being effected.
c) User is responsible to furnish PayMate with correct and current Payee or Payer information. In the event that the payment is in respect of a purchase or sale of product or services by the User/Payee, PayMate shall not be required to ensure that the purchased Products and/or services have been duly delivered. In the event a User chooses to complain about a Transaction, the same should be communicated to PayMate within 3 (three) days of the Transaction. The User expressly agrees and warrants that PayMate is only an online intermediary / platform for facilitating the payment or settlement of transaction and hence is not responsible to the User or to any other third party for any wrong payment or defect in products delivered or any other dispute between the user and the payee or with banks
All transactions shall be done in Indian Rupees
In case of any request under clause 2.1.2(i) for an amount more than INR 2,00,000/- and is in fraction, PayMate may retain fraction component in the user account and the transaction amount shall be processed through RTGS immediately to the user.
a) Every User is responsible to (i) furnish correct and accurate information of the Payer/ Payee as may be required, on an independent basis; (ii) furnish to PayMate forthwith on demand, the original copy/copies of proof of delivery of Products, invoices or other records pertaining to any Transaction; (iii) ensure that all licenses and registrations required by him are in full force and effect to enable them to carry on the business of sale/ purchase of Products and rendering of Services and agrees to furnish immediately copies of such licenses on request by PayMate
b) User shall not (i) carry out any activity, which is banned, illegal or immoral, (ii) use the Services in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation or which may cause PayMate to be subject to investigation, prosecution or legal action.
c) User undertakes and assures to PayMate that payments shall not be made/ received in respect of any Products mentioned in the banned items list set out in Annexure A hereto and that payments are been made in under valid business contract with the customer or vendor and the payments are in respect of genuine business transaction
d) User undertakes to inform PayMate if he has any dealing or engages as a vendor/supplier/customer/dealer in any of such prohibited goods at any point of time
e) User shall act in compliance with all laws, rules and regulations and shall at all times comply with the guidelines set by Visa/Master Card/ acquiring banks/ Service Providers, as may be applicable from time to time
f) User shall not sell, provide, exchange, or otherwise disclose to third parties or use themselves (other than for the purpose of completing a Transaction, or as specifically required by law) any personal information about any third party, including the account details and mobile number, without obtaining the prior written consent of such third party.
g) User shall take all precautions as may be feasible or as may be directed by PayMate to ensure that there is no breach of security and that the integrity of the link between their systems/ site, the PayMate platform and the payment mechanism is maintained at all times. In the event of any loss being caused as a result of the link being breached or as a consequence of the link being improper or being in violation of the provisions of this clause, the loss shall be to the account of the User and the User shall indemnify and keep indemnified PayMate and the Service Providers from any loss as may be caused in this regard.
h) User shall bear and be solely and exclusively responsible for the payment of all relevant & applicable taxes (including any applicable withholding taxes) as may be due from time to time
i) A User shall not at any time require any other user or any other person to provide him with any details of the accounts held by the other users with any Banks including, the passwords, account number, card numbers, mobile phone numbers and PIN which may be assigned to them by the Banks from time to time.
j) A User shall use the information regarding a Payee/ Payer (including name, address, e-mail address, telephone numbers and other data) conveyed to him whilst using the Services, only for the purpose of completing the Transaction for which it was furnished, and not to sell or otherwise furnish such information to others unless he has an independent source of such information or obtains the express written consent of such Payee/ Payer.
k) A User shall inform PayMate of any change in his email address, mobile number, address, ownership or legal status or his cessation of business in writing forthwith on such change.
l) User shall not interfere with or damage the PayMate platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
m) As a condition of use of the Services, the User will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or violate the T&Cs. PayMate reserves the right to suspend the user’s PayMate account or restrict use of services or any such other action as PayMate may deem fit [ including but not restricted to such legal recourses as may be available], without any prior notice to the user
n) User shall not impersonate any person or entity, falsely claim or otherwise misrepresent his affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted, perform any other similar fraudulent;
o) User shall not infringe Paymate’s or any third party’s intellectual property rights, rights of publicity or privacy;
p) User shall not use the PayMate Services or the Paymate Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Paymate Services or the Paymate Platform in an automated manner or otherwise;
q) PayMate has the right to investigate and prosecute violation of any of the above to the fullest extent of the law or seek such legal recourse as available.[including but not restricted to indemnify and keep PayMate and its officers, affiliates from any such losses or damages as PayMate may incur on account of such violations and also right to adjust any money lying in the settlement account towards losses or damages that PayMate may suffer on account of such violation, without prior notice to the user
r) User shall not use PayMate Services or Paymate Platform for any self-financing activities which includes but not limited to transfer of funds to the Payee against any fake or fraudulent transactions, use of credit card registered in User’s name by any other User/Payer on Paymate Platform, transfer of funds to any subsidiary, holding, associate company of the User or any related party, unless such transfer of funds is towards a genuine transaction between the User and the other Party.
s) PayMate has the right to temporary terminate such User’s access to the PayMate platform. User shall be given a reasonable opportunity of being heard and provide evidences/proof ensuring the validity of the transaction, any failure to prove the validity of the transaction will lead to permanent embargo on the User to access the PayMate Platform. In addition to this, PayMate also has the right to impose penalty or appropriate funds in the user account as it deems fit
t) The User hereby expressly agrees and undertakes not to use this PayMate platform to facilitate any payment or settlement or collect monies from Vendor/Customer who /which is an affiliate.
A User is required to subscribe to any of the available plans to be able to utilize the Services. The Subscription Fees shall be payable by User as per the subscription plan chosen by him. The various plans available are set out in the Payment Terms. Subscription plans of various durations are available to Users. Payments for subscription plans can be made only by credit card.
A User’s subscription will be automatically renewed at the end of each subscription period unless User downgrades his paid subscription plan to a free plan or informs PayMate that he does not wish to renew the subscription. At the time of automatic renewal, the Subscription Fee will be charged to the credit card last used by a User. PayMate provides Users the option of changing credit card details if he would like the payment for the renewal to be made through a different credit card. If User does not wish to renew the subscription, he must inform PayMate at least seven days prior to the renewal date. If User has not downgraded to a free plan and if User has not informed PayMate that he does not wish to renew the subscription, he will be presumed to have authorized PayMate to charge the Subscription Fee to the credit card last used by him.
A User shall not be entitled to any refunds or credits in respect of the Subscription Fees/ other fees or payments paid by him, even in cases where the User has elected to terminate his subscription to the Services or cancel his Account prior to the end of the period of his subscription.
PayMate may, from time to time, make changes in the subscription plans, Subscription Fees, the prices of any Services or PayMate may charge Users for use of Services that are currently available free of charge. Any such changes made by PayMate will however not apply until the expiry of a User’s existing subscription period/ billing cycle.
PayMate reserves the right to terminate unpaid User accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such User account will be deleted unless required to be maintained by law as may be applicable. PayMate will provide User prior notice of such termination and option to back-up his data. The data deletion policy of PayMate may be implemented with respect to any or all of the Services.
The acquiring bank will authenticate, authorize, and process the payment instructions given by the Payer in respect of a Transaction upon fulfilment of valid criteria as set forth by the acquiring bank from time to time and accordingly transfer such approved Transaction Amount from the Payer’s bank account to the settlement account maintained by PayMate
In consideration of the Services rendered by PayMate to the User, the User shall pay to PayMate a Transaction Fee that is more specifically detailed in the Fee Schedule defined in the Payment Terms
PayMate shall deduct its Transaction Fees plus service tax per successful Transaction and make payment of the balance of the Transaction Amount to User/ Payee’s designated bank account. All other taxes, duties or charges shall be borne and paid by User, unless otherwise agreed between the Parties. PayMate reserves the right to alter / modify / change the discount / commission or transaction fee payable at its discretion at any time without notice to the user.
It is hereby agreed and acknowledged by the User that the transaction fees charged by PayMate in respect of a Transaction that has been settled or completed shall not be returned or repaid by PayMate to the User or any other person irrespective of the Transaction being rejected, charged back, refunded or disputed.
a) PayMate and or the Acquiring Bank will not be responsible for any disputes between the Users and the Payers/ Payees, including issues regarding prices, delivery, non-delivery, deficiency of services or delay in delivery of the Products, quality of Products or services or otherwise. All such disputes will be dealt with by and between the User and the Payer/ Payee directly, and PayMate shall not be a party to such disputes.
b) PayMate cannot and does not guarantee the timings of any payments made or received as such timing is dependent upon User’s or the Payer’s bank, card issuing bank/ card processor (where a credit/ debit card is used), acquiring financial institution and other Service Providers. PayMate assumes no liability and shall not be held responsible for any delays in delivery of payment or availability of funds when using the Services.
c) PayMate and the Acquiring Bank shall not be a party to the contract between the User and any Payer/ Payee in any manner whatsoever. All contracts are directly between Users and their Payers/ Payees.
d) User shall be responsible for any miscommunication or incorrect User/ third party/ other information that may be provided to PayMate at the time of enabling the Services for the User.
e) PayMate/ Service Provider reserve the right to impose limits on the number of Transactions which may be charged on an individual credit card or other account during any time period and reserve the right to refuse to make payments in respect of Transactions exceeding such limit. PayMate also reserves the right to impose limits on each and every amount which may be charged on an individual credit card or other account at any point of time. PayMate/ Service Provider also reserve the right to refuse to make payments in respect of Transactions by Users with a prior history of questionable charges or for any other reason as the case may be
a) The User will not hold PayMate liable in case of any improper/ fraudulent/unauthorized/ duplicate/erroneous use of his mobile and/or the web-based access or through any other platform. PayMate will also not be liable for any direct or indirect consequences connected with the use/ misuse of User’s web/ mobile/ e mail account by any third party. If any third parties gain access to the Services, the User will be responsible and shall indemnify PayMate against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use, or otherwise.
b) The User shall be fully liable for: (a) any unauthorised use of his mobile/ email account; and/or (b) all authorised Transactions on his web/mobile/email account.
c) Without prejudice to the remedies available to PayMate and these Terms, PayMate shall be under no liability whatsoever to the User in respect of any loss or damage arising directly or indirectly out of:
A Chargeback shall mean a Transaction that is uncollectible and returned to Service Provider/ PayMate by User/ Payee or acquiring bank for a refund to the concerned Payer / User due to any of the following reasons:
a) Any payment which the User/ Payer refuses to honour or demands a refund of because the Products or services, purchased or sold or the delivery thereof, was not as promised or was defective, deficiency of service, incomplete and /or unsatisfactory for any reason whatsoever, or that payment for the same has already been made.
b) Any payments by a User/ Payer using the Services, which is returned by the acquiring bank for any reason whatsoever.
c) Any charge/debit arising out of any alleged hacking breach of security or encryption that may be utilized by Service Provider/ PayMate/ Payee from time to time or
d) Any Transaction that is unsuccessful.
As a result of the rapid nature of movements of funds, once a payment has been initiated through the Services, it may not be possible to retract the same using the Services. Hence neither the Acquiring Bank or PayMate shall be responsible to the User or any one else for chargeback or refund. The user hereby expressly acknowledges and confirms that PayMate shall not be liable for the Chargeback
Any such retraction of a payment shall be between user and payee directly and a chargeback can be considered only if the Payee refunds the amount back.
In the event of a Chargeback situation arising in case of any Products or services purchased by a User or Payer, for which payment has not yet been made to the Payee or User, the User or Payer shall be advised by PayMate to resolve the issue with the Payee or User at the earliest and PayMate shall then settle the payment in accordance with the solution agreed upon by the Parties once the same is communicated to PayMate.
In any event, chargeback request may be entertained only if the payee refunds the amount and hence PayMate is under no obligation otherwise.
In the event of a Chargeback situation arising in case of any Products purchased by a User/ Payer, for which payment has been made to the Payee/User / Service Provider, the User/ Payer shall be advised to resolve the issue with the Payee/User / Service Provider at the earliest and shall then settle the payment in accordance with the solution agreed upon by the Parties only if the Payee refunds the amounts back .
PayMate shall not be responsible to make payments in respect of any Chargeback unless it has received the requisite amounts from the concerned acquiring bank/ Service Provider/ Payee/ User. In the event of the receipt by PayMate of an amount of a Chargeback from the acquiring bank / Service Provider, PayMate shall pass on to User/ Payer such amount received by them within 7 days.
Further more :-
If either PayMate or Service Provider suspects, on reasonable grounds, that a User has committed a breach of these Terms or any other agreement with PayMate or any act of dishonesty or fraud against PayMate/ any Service Provider, PayMate shall be entitled to (a) suspend all payment under these Terms; (b) deactivate/ suspend your User Account and disable your password; and (c) terminate User’s access to the PayMate platform or the Services; pending enquiries by PayMate. User may cancel his User Account at any time by sending Paymate’s an email to that effect.
User shall keep PayMate and the Acquiring Bank safe and harmless and indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against PayMate by another User/ Service Provider/ third party for reasons including, but not limited to (i) delivery, non-delivery or delay, deficiency or mistake in respect of the Products purchased sold or services rendered; (ii) a breach, non-performance, non-compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made by him; (iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the User, or his employees, subcontractors and agents in performance of their obligations under these Terms; (iv) infringement of Intellectual property rights, privacy rights of third parties; (v) third party claims or suits.
User agrees not to disclose or attempt to use or personally benefit from any non-public information that he may learn on the PayMate platform or through the Services.
This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If the User is compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, he agrees to forthwith and diligently notify PayMate and cooperate fully with PayMate in protecting such information to the extent possible under applicable law.
The PayMate platform content and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to PayMate, subject to copyright and other intellectual property rights under the law and international conventions. Such PayMate platform content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of PayMate.
The user also expressly agrees and undertakes and consents to use of its trade mark, service mark and logo on PayMate website/platform/app
THE CONTENT AND FUNCTIONALITY ON THE PAYMATE PLATFORM IS PROVIDED WITH THE UNDERSTANDING THAT PAYMATE IS NOT HEREIN ENGAGED IN ITSELF FOR MAKING PAYMENTS. PAYMATE IS AN INTERMEDIARY BETWEEN BANKS, SERVICE PROVIDERS AND USERS.
ALL CONTENT AND FUNCTIONALITY ON THE PAYMATE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PAYMATE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, OR ADEQUACY OF THE PAYMATE PLATFORM OR THAT THE SERVICES PROVIDED OR THE FUNCTIONALITY ON THIS PAYMATE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
PAYMATE DONOT WARRANT TO THE USER THAT :-
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN IN CONJUNCTION WITH PAYMATE’S SERVICES OR ANY DATA/CONTENT.
PAYMATE DOES NOT WARRANT THAT PRODUCTS/SERVICES OR ANY CONTENT/DATA WILL BE PROVIDED UNINTERRUPTED OR FREE FROM ERRORS OR THAT ANY IDENTIFIED DEFECT WILL BE IMMEDIATELY CORRECTED. FURTHER, NO WARRANTY IS GIVEN THAT PRODUCTS/SERVICES OR ANY DATA/CONTENT ARE FREE FROM ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS. BANK PROVIDE THE PRODUCTS/SERVICES AN "AS IS", "WHERE IS", "WITH ALL FAULTS" BASIS.
USER HEREBY ACKNOWLEDGES THAT HIS USE OF THIS PAYMATE PLATFORM AND THE SERVICES IS AT HIS SOLE RISK.
UNDER NO CIRCUMSTANCES SHALL PAYMATE OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PAYMATE PLATFORM OR THESERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE PAYMATE PLATFORM, EVEN IF PAYMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF HIS ACCESS TO AND USE OF THE PAYMATE PLATFORM AND SERVICES, REMAINS WITH HIM. NEITHER PAYMATE NOR THE ACQUIRING BANK NOR ANY OTHER PARTY INVOLVED IN PROVIDING OR DELIVERING THE PAYMATE PLATFORM OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, OR IN CONNECTION WITH THESE TERMS, AS A RESULT OF HIS USE OF THE PAYMATE PLATFORM OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PAYMATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR PAYMATE’S OBLIGATIONS TO MAKE PAYMENTS THROUGH THE SETTLEMENT ACCOUNT AS ENVISAGED HEREIN, IN NO EVENT WILL PAYMATE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND USER’S USE OF THE PAYMATE PLATFORM AND SERVICES, EXCEED THE AMOUNT OF INDIAN RUPEES ONE THOUSAND ONLY IN AGGREGRATE AT ALL TIMES OR THE AMOUNT PAID BY THE USER FOR AVAILING PAYMATE PLATFORM, WHICHEVER IS LESSER
1. Unless otherwise set out, all payments may only be made in Indian Rupees.
2. PayMate may, change any fee or charge or institute new fees or charges. The User agrees to pay all fees and charges so levied.
3. PayMate shall not make any refunds of any amounts other than as agreed by these Terms.
4. The User hereby accepts that he may, from time to time, receive from PayMate or its associates, communications such as service announcements, advertisements or administrative communications.
5. PayMate’s sole obligation and User’s sole and exclusive remedy in the event of interruption to the Payment Services or loss of use and/or access to the Payment Services, shall be to use all reasonable endeavors to restore the Payment Services as soon as reasonably possible.
6. In no event shall PayMate or a Service Provider be liable to a User or any other third party for any applicable taxes and government levies.
7. In no event will PayMate’s total liability to User for all liabilities, losses, damages and causes of action arising out of or relating to these terms and conditions; or the User’s use of the PayMate platform; however, caused, exceed the amount paid by User, if any, for utilising the PayMate platform or One Thousand Rupees (Rs.1000), in aggregate, at all times whichever is lesser.
8. Any link on the PayMate platform to a third-party site is not an endorsement of that third-party site or platform. The use or browsing by a User of any other PayMate platform shall be subject to the terms and conditions in each such PayMate platform.
9. PayMate does not endorse any advertiser or merchant linked to its PayMate platform. In case of any such endorsement, the User must verify all information provided by the merchants/ advertisers before arriving at his decision to purchase any Product.
10. The User’s participation in any event/ contest/ promotion shall be governed by the terms and conditions mentioned in the respective event/ contest/ promotion along with these Terms.
11. PayMate shall not be liable for any unauthorised access to the User’s data or any unauthorized transmissions sent through the PayMate Services.
12. PayMate shall have the right, at its sole discretion, to:
13. PayMate shall have the right, in its sole discretion, for any or no reason, and without penalty, to suspend or terminate a User’s use of the PayMate platform and its Services or any part thereof, with or without notice.
14. The User shall not (whether on-line or otherwise) describe itself as agent or representative of PayMate or make any representations to any customer or any third party or give any warranties which may require PayMate or Service Provider to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to customer or any third party.
15. PayMate shall not be liable for any breach of these Terms due to any force-majeure event such as act of god, fire, lightning, explosion, flood, inclement weather conditions, power failures, failure in any communication systems, equipment breakdown, strikes, lock-out or any other cause beyond the control of PayMate.
16. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
17. PayMate may assign or transfer its rights and obligations to any other party.
18. In case of any dispute between the parties on the interpretation or implementation of these Terms, the appropriate court in Mumbai shall have exclusive jurisdiction.
19. No failure or delay by PayMate in exercising any right, power or privilege shall operate as a waiver thereof.
20. All claims, matters and disputes are subject to the sole and exclusive jurisdiction of the competent courts in Mumbai, State of Maharashtra
For any queries / details Users can contact:
PayMate India Pvt. Ltd., 111, SunderVilla, S.V. Road, Santa Cruz (W), Mumbai 400054, India.
Write to us at email@example.com