Payify for Business – Terms & Condition
Payify for Business – Terms & Condition
This document is an electronic record in terms of the Information Technology Act, 2000, amendments thereof from time to time and the 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.
Please read the terms and conditions carefully before registering, accessing or using the Payify Services (defined below). The terms and conditions are a legal contract ("Agreement") between you and Payify Technologies Private Limited ("Payify") having its registered office at 9th Floor, Tower F, Godrej Anandam, Ganesh Peth, Nagpur – 440 018, India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services and/or immediately terminate the Services and/or uninstall the mobile application.
We may amend the terms and conditions at any time by posting an updated version on the Payify website (s) and Payify Business App (s). The updated version of the Terms of Service shall take effect immediately upon posting. It is your responsibility to review these terms of use periodically for updates or changes. Your continued use of the Payify App following the posting of changes will mean that you accept and agree to the revisions, including additional terms or removal of portions of these terms, modifications, etc. As long as you comply with these terms of use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and avail of the services.
USING THE PAYIFY BUSINESS APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By implicitly or expressly accepting these terms of use, you also accept and agree to be bound by Payify and Payify Entity Policies (including but not limited to the Privacy Policy) available on the Payify website (s) and Payify App (s) as amended from time to time.
Explanation:
"We", "Us", "our" shall refer to Payify and Payify Entities.
"You," "Yours," "Yourself," and "Payify User" refer to any unregistered individual or corporate body, as well as registered Payify and Payify Entity users, including but not limited to Payify customers or merchants.
"Payify App" -The mobile application (s) hosted by Payify and Payify Entities for providing Payify services to its users, including merchants and service providers, and also includes any and all services where it acts as an intermediary.
"Participating Platforms/Merchant Partners": Websites and Platforms that accept Payify Services to make payments against products or services offered by such platforms.
"Terms of use" and "Terms and Conditions" are interchangeably used and shall have the same meaning.
admissibility
By accessing the Payify Service and Payify Platforms, you represent that:
If you are 18 years of age or older,
You are capable of entering into a contract or legally binding agreement.
You have the right, authority, and capability to enter into this agreement, abiding by all the provisions of the "terms of use" of the Payify Services.
Under Indian law, you are not barred or otherwise legally prohibited from accessing or using the services of Payify or Payify Entities.
You are not impersonating any person or entity, or falsely stating your age or affiliation with any person or entity. Payify and Payify Entities reserve the right to terminate your contract to use the Payify Platform if any of the above-mentioned conditions are incorrectly represented.
The mandatory information and officially valid document (s) "OVD"/document details mentioned by you are true and correct and belong to you.
Payify Services (ps)
Payify and Payify Entities provide services via the Payify Platform. You further agree and acknowledge the terms of use of the Payify Services provided on the Payify Platform.
Payify Account ("PA") -Payify Account is the account that you create when you sign-up or register with Payify.
This account allows you to access the Payify Platform, browse through the Payify Service, make payments using debit cards, credit cards or net banking is collectively known as (‘Payment Gateway Services’) to permissible merchants on the Payify Platform or on Participating Platforms.
You can also use the recharge and bill payment service made available to Payify users under the terms of service.
Any other financial product or feature that is provided on the Payify or Payify entities' platform, subject to regulatory provisions and permitted by Payify.
Recharge & Bill Payments ("RBP") enables you to pay your bills or recharge your account with listed service providers on the Payify Platform.
You further agree to the Payify Privacy Policy as applicable to Payify and the Payify Entities.
In order to avail of Payify services, you need a mobile, internet, or any other supported device that meets the compatibility requirements for accessing the Payify app and Payify website, which may change from time to time. Payify may further release updates to its application, and you are required to update the Payify app as and when it becomes available to you, in order to continue availing of the Payify services.
You agree that your mobile device, mobile service provider, or any other services that you may avail from anybody to access the Payify Platform may incur charges and you are solely responsible for such charges, terms of use, or fees as per your agreement with the third party.
Sign-Up/Registration
In order to use the full spectrum of Payify services, you need to register on the Payify App and provide us with accurate and complete information. You are also required to keep your accounts, KYC details and contact information complete and updated at all times.
Once you sign-up on Payify, you are entitled to a phone account. You can also register with Payify from any third-party merchant platform, subject to certain conditions and limitations available on the Payify website and application. Once registered with Payify, certain services may ask you for additional information in order to avail such services, and may involve the creation of sub-accounts for the availing of such services.
The device on which you download the Payify App and use it during registration shall become your registered device and device details shall be stored by us. The moment you log into your Payify account from a different device using the Payify app, you will be asked to allow Payify to send an SMS from the new device, after which the new device becomes the registered device. You will not be able to access your Payify account using your previous device until you re-login and re-authorize yourself on that device.
You further agree that-
In the event of any dispute, Payify's records shall be binding as conclusive evidence of the transactions carried out through the use of Payify Services.
Payify shall send all customer communications by SMS and/or email, and they shall be deemed to have been received by you after they have been submitted for delivery to the SMS/email service providers.
I agree to receive all commercial messages, including transactional messages from Payify and Merchant.
The Payify Services must be used in good faith and in accordance with all applicable laws and regulations.
You would be solely responsible for paying any taxes, duties, or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied by a merchant or otherwise arising from online transactions.
To ensure that the Payify Services are not used for transactions in foreign currency unless permitted for any Payify Service,
Single Sign-On (SSO)
By registering and signing into your Payify Account, we create a username and secure access credentials for you to access Payify services on the Payify Platform and other participating platforms. For convenience, Payify created a Single Sign-On Service (P-SSO), which helps you access Payify Services available on the Payify Platform and other participating platforms.
You understand that P-SSO will be used to register and access Payify Services, and the credentials you share as part of the registration process will be owned and managed by Payify and will be shared with Payify Entities upon your request or simply by accessing any Payify Services provided by them.
However, your secure credentials will not be shared with any "Store Merchants". You can use your P-SSO in order to access your Payify Account or pay using permissible Payify Services on participating platforms without logging into your Payify App.
You further agree that Payify may share some limited information provided by you, except your secure access credentials to participating platforms, as necessary for P-SSO login at participating platforms.
You agree not to share the P-SSO credentials with any third-party website, portal, or person via any communication medium, and you understand that unauthorised disclosure of the P-SSO may result in the misuse of your Payify account.
You hereby agree and acknowledge that in the event of non-compliance with the Terms of Use for usage and access to Single-Sign-On Services, Payify has the right to terminate your access or access usage limits on your phone account and services without further notice.
Provides
Payify or payify entities may invite you to participate in any offer from time to time. You agree that participating in such an offer is subject to your agreement with the respective offer terms and conditions. You also understand that the offers on the Payify Platforms may be provided by third parties, and you may be required to agree to the third parties' terms and conditions.You further agree that offers provided to any user may vary from user to user.
Payify reserves the right to disqualify you from any offer if you do not meet the eligibility criteria for such an offer or for any other reason, including but not limited to misrepresentation, fraud, or suspicious transactions/activities, including but not limited to PMLA directives, or for any other reason.
Communication
Payify and Payify entities may communicate with you using the contact information that you may have provided to us during the course of your engagement, including but not limited to signup, transacting, or availing of any third party products or services on the Payify Platform.
We will send you communication alerts via emails or SMS or push notifications or via other progressive technology. You also agree that there can be disruption in communications due to factors that are not under our control, including but not limited to your phone being switched off, incorrect email address, and network interruptions. You agree not to hold Payify liable for non-delivery of any alert or any loss suffered by you due to delay, distortion, or failure of communication.
You further acknowledge that you are responsible for the contact details shared with us and should update us with any changes to your contact details. You give us permission to contact and communicate with you about any Payify service or offer (s).We may use third-party service providers to send alerts or communicate with you. You authorise Payify and Payify Entities to override the DND settings to reach out to you over calls, SMS, emails and any other mode of communication.
Intellectual Property Rights
All material on this Payify website and mobile application, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights of Payify, Payify Entities or Business Partners. The Website's content is intended solely for your personal, non-commercial use.You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means, whether directly or indirectly, and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
Termination
You agree that Payify, in its sole discretion, may terminate your contract without prior notice and restrict your access to the Payify application if we determine that you have violated the terms of use. You agree that if Payify suffers losses, including monetary losses, as a result of your actions, we may seek injunctive relief or take any other legal action deemed necessary under the circumstances, and Payify is not liable for any loss to you as a result of termination.
Indemnity
You shall indemnify and hold harmless Payify, Payify Entities, its owner, licensee, affiliates, subsidiaries, group companies (as applicable), 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 these Terms of Use, Privacy Policy, and other Policies, or your violation of any law, rules or regulations, or the rights (including infringement of intellectual property rights) of
Force Majeure
A Force Majeure Event is defined as any event that is beyond the Payify's reasonable control, including, but not limited to, war, riots, fire, flood, acts of God, explosions, strikes, lockouts, slowdowns, prolonged shortages of energy supplies, pandemics, computer hacking, unauthorised access to computer data and storage devices, computer crashes, acts of state, governmental, legal, or regulatory actions prohibiting or impeding Payify Entities from performing
Dispute Resolution, Governing Law, and Jurisdiction
This Agreement, its rights and obligations, and the parties' relationships, as well as all matters arising out of or in connection with these terms and conditions, including their construction, validity, performance, or termination, shall be governed and construed in accordance with the laws of the Republic of India.Subject to and without prejudice to the amicable settlement, the courts in Nagpur, Maharashtra, shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the Payify Services/PA or other matters covered herein.
Disputes, differences, or concerns, if any, should be raised within 30 days of an event related to Payify Services occurring or not occurring, except in the case of unauthorised transactions on Your Payify Wallet, which shall be reported by you as soon as you identify the issue, and investigation for such disputes is subject to the Payify Wallet terms of use.
Disclaimers
As part of our ongoing innovation and improvement, we may add or remove features and functionalities, increase or decrease limits on our Payify Services, launch new services or discontinue existing ones on the Payify Platforms.Such an offering can also be due to the discontinuation of any service or offering on the Payify Platform by third-party service providers or business partners.
We may record or monitor our conversations with you for the purpose of keeping records and monitoring the quality of our conversations.
Any content downloaded or otherwise obtained through the use of our platform is done at your own discretion and risk, and we cannot confirm that such documents or contents are error or virus free. You understand and acknowledge that you are solely responsible for any damage to your devices and for any loss of data that may result from the download of such contents.
Payify and third-party partners make no warranty, express or implied, regarding the quality of services, including but not limited to:
The services will meet your requirements.
The services will be available without interruption, on time, and without errors; or
Any products, information, or materials obtained by you in connection with the services will meet your requirements.
Except as expressly provided herein and to the full extent permitted by law, the Payify Services are provided "as is", "as available" and "with all faults". All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is your responsibility to evaluate the accuracy, completeness, and usefulness of the Payify services and other information provided by Payify or generally available. We do not authorise anyone to make any warranty on our behalf, and you should not rely on any such statement.
If you have a dispute with other parties, you release Payify (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of o