If you are using the Website of logging on to it, you (“User”) will be assumed to have read all these Terms and conditions (including the Privacy Policy mentioned on this website). Further, you be presumed to have accepted unconditionally all these Terms and Conditions set in. A separate binding and enforceable agreement is constituted amongst the User and Payfair with these Terms and Conditions. However, these Terms and conditions will not alter the terms of any other agreement you may have with Payfair for other services. Request you to kindly go through the terms set out hereunder with caution prior to agreeing on them. In case you disagree with these Terms and Conditions, kindly terminate the use of this Website immediately.

In case you accept the Terms and Conditions, you can communicate your acceptance by:

• Clicking on agree or accept the Terms and Conditions when this option is made available by Payfair to you in the User interface, or by accessing or actually using the services.
• In this case, the user is said to have agreed on Payfair to treat your using of the Services as an acceptance of the Terms and Conditions from that time onwards.

*The term “User” shall here forth mean any legal or natural person who has accepted these Terms and Conditions for itself or on behalf of any other legal entity.

* Further, it is clarified that a separate Privacy Policy has been provided separately and it is an integral part of these Terms and Conditions.

Unenforceability of any provisions of any of these Terms and Conditions will not have any effect on the legality or enforceability on any other terms under the Terms and Conditions. And in case any of the provisions become void, the rest shall be binding upon the user. The Terms and Conditions may be modified/ Revised by us at our sole discretion and at any time without prior intimation and any of such changes if made will be effective on immediate basis. By the continued use of this Website or accessing the Services the User accepts to be bound by the revised or amended Terms and Conditions and these shall supersede any previously accepted Terms and Conditions.

Provision of Services by Payfair

Subjecting to the Terms and Conditions herein, Paygenics offers the services mentioned in Schedule I included below. The process flows as well as description of all services that are offered to users are also included in Schedule I.

Payfair is constantly upgrading itself to provide the users with one of the best possible experience. With this the user gives his consent to any changes being made time to time without any advance notice of such change to them. Further, you agree and acknowledge that Payfair might stop these services on a permanent or temporary basis to the users at our sole discretion and without any advance notice. In case the users decide to stop using our services, they don’t need to inform us specifically.

The users of this website along with the Terms and Conditions agree that Payfair has the right to disable your account, and you will be prevented from using the Services, account details or any other type of content which is there in your account. We also hold the right to delete any data stored in your account not limited to any sensitive personal information.

As an alternate course of action, a user might send us a notification communicating their wish to not retain or use the personal data in their account. However, some services might be restricted in this case.

By the use of our Services, you are also agreeing that Payfair disclaims all authenticity rights on the information which might have become outdated since its last update. We also reserve all rights to make modifications or any corrections to any part of the website content without a prior intimation to the users. All the pieces of information along with the pictures on this website are set to be in the public domain as publicity photos, or promotional materials, etc. unless stated otherwise.

Kindly contact us via email if you are the copyright owner of any of the content mentioned on this website which you feel violates the Copyright law. Also, kindly indicate the exact URL of the webpage to help us in locating the same. Your concerns would be addressed and appropriate action will be taken on the same. Further, please note that all images on this website are digitized by Payfair and no other party has the authorization to repudiate these digital versions in any kind of format without our prior permission.

An individual who is competent to contract under the applicable legal rules and over 18 years of age is eligible to use or visit the website. This use or access will treat your representation as a competent person to contract and if the user has registered as a business entity than he is representing the authority to bind such business entity to the Terms and Conditions.

***This website is available for usage to individuals who are eligible to legally form a binding contract under the Indian Contract Act, 1872 and any amendments thereto. The user agrees and acknowledges that he/she will be financially responsible for all the usage as well as access of this website. The Terms and Conditions will become void if prohibited by applicable laws, and the rights for accessing this Website will automatically stand revoked.

You might be requested to open an account for using certain services with Payfair. You can do so by providing information about yourself as a part of the registration process. The user is said to agree on the accuracy of the data provided to us at the time of registration. In case any inaccurate or incomplete information is provided Payfair has a reasonable ground to believe that such information violates the applicable laws or is not according to the Terms and Conditions.

Further, we reserve the rights to terminate your account or reject the registration of your account and refuse to grant access to the website. You are agreeing to indemnify us against all claims due from the usage of any information or details that are posted or supplied by you. And we are entitled to remove any such information without a prior notice to you.

By accessing the “User account” section on the website, a user can make any modification/rectification on the Registration Data in the users account ad can also delete its user account at any point of time. The processing of account deletion might take some time but the same shall be done and completed by us. However, we do maintain a certain backup of the information of all user content for an appropriate time as per the legal requirements as well as our operational requirements.

The user has sole responsibility for maintain the password as well as confidentiality of its account along with any activity that occurs through it. Payfair will not be held liable in respect of any damage or loss which might arise due to result of a failure to protect the password or account. A user should take all the appropriate measures for ensuring that the password is securely kept. You should inform us immediately in case you have a reason to believe that your password is likely to be used or used in an unauthorized way. In case of a dispute between two parties for ownership of any particular account with us, we shall be the sole arbitrator and our decision will be final and binding in this regard.

Also, you are agreeing to grant us a non-exclusive, irrevocable, royalty-free, database and publicity rights which you may have in the registration data in order to ensure no violations are being from our end of any rights which you may have in your registration data now or in future.

Further, you are solely accountable for sharing any information by yourself in the user content or registration data and undertake neither by yourself nor by allowing any third party to publish, transmit, host, display, modify, update or share any information that:

• Is harmful to minors in any way
• You do not have the rights to
• Is defamatory, obscene, pornographic, inappropriate or unlawful in any way
• In violation of law
• Causes infringement of any patent, trademark or copyright anywhere in the world
• Will impersonate another person
• Is misleading about the origin or communication of such message
• Has a virus of any sorts

Is a threat to national security in any way

You shall agree to

• Use the Services solely for the reasons permitted by these Terms and Conditions and applicable legal regulations.
• Understand and agree that Payfair has the right to edit or remove such information. You are requested to kindly contact us immediately in case you come across any such
• information on our website, and also that you will not engage in any such activities that disrupt the services on this website.
• To use the data owned by us through various means only for personal use and not for any kind of commercial use unless agreed by us in writing.
• To not access any of the Services by any other means besides the interface provided by Payfair.
• Not to repudiate, copy, sell or resell the services for any other reason until specifically permitted via a written agreement with us.

You are responsible for any breach of your obligations solely and Payfair has no responsibility to you or any third party for such breach.

You further agree to inform us in case a customer revokes the consent to recurring payment instructions for us to cease the processing of such transactions. In case there is a delay in communicating such revocation, then Payfair will not be held responsible for any charges applicable pursuant to such revocation on the customer. Your data might be shared with the governmental agencies which are lawfully authorized to investigative and protect cyber security activities.

You as user agree and acknowledge that Payfair has all legal as well as proprietary rights along with the title and interest in the Services (The services also include any intellectual property rights subsisting in the services).

Further, you also acknowledge that the said services might consist of information designated as confidential by us which you shall not disclose without our written consent obtained prior to such disclosure. Until it is agreed in a written agreement with Payfair, nothing mentioned in the Terms and Conditions grants you a right to use any of our distinctive brand features, service marks, logos, domain names, trade names, trademarks.

Without express authorization in writing by Payfair, you agree while using our services you will not be using any logo of any company or organization or a trade name in a manner which is likely to result in commotion and chaos about the ownership of such marks or logos.

Services Content

“Content” for these Terms and Conditions includes logos, photographs information, data themes and interactive features generated, videos, audio clips, text, animations, scripts, graphics, written posts, articles, comments, software provided or accessed through the use of services.

Payfair reserves all the rights to refuse, filter, modify, pre-screen, review, remove or flag any or all the Content from any Service. Further, we also reserve the right to, publish, re-publish, moderate, and use all user originated contributions and comments which include profile pictures, comments, likes, favorites, votes but are not limited to these. We are not accountable to pay any kind of royalty to any User for re-using any content across any of its platforms. If any material is being submitted by you on the website, you are agreeing to grant Payfair the rights for its use and modifications or publications.

Further, users should be aware that the content provided to them as a part of the services might be guarded by intellectual property rights owned by the sponsors or advertisers who provide us with such content. The users by use of this website agree that they might be exposed to certain offensive, indecent or objectionable content in their opinion, and in such a case the use of services is at the user’s risk.

Authorization

With the acceptance of these Terms and Conditions you have authorized us to receive, disburse, hold, and settle funds on your behalf. Such authorization allows us to facilitate electronic funds transfer between the payment system providers as well as our nodal accounts for processing every payment transaction that you authorize.

Further, you authorize Payfair for transferring the buyer payments received into the designated bank account by you for this purpose at the time of registration. Such authorization obtained from you shall remain in effect till the time your Payfair account is closed or removed.

Compliance with laws

• The users of this website agree to be in compliance of all applicable commercial and public anti-bribery and anti-trust laws as deemed by the Government of India and the rbi - the RESERVE BANK OF INDIA

Fraudulent Transactions

Payfair shall be entitled for suspending the settlement of the amount in relation to the Fraudulent Transaction if we are intimated by a Card Payment Network or Acquiring Bank of a customer reporting an unauthorized debit of the customer’s payment instrument while such inquiry/investigation is in a pending stage.

In case the Fraudulent Transaction results into a Chargeback, then it shall be solved according to the provisions related Chargeback as set out under these Terms and Conditions.

In a scenario where a fraudulent transactions amount has already been settled to the User according to these Terms and Conditions, than any dispute occurring in regard to such Fraudulent Transaction, following settlement, will be resolved in accordance with the RBI’s notification DBR.No.Leg.BC.78/09.07.005/2017-18, dated July 6, 2017 read with RBI’s notification DBOD. LEG. BC 86/09.07.007/2001-02 dated April 8, 2002 as well as the other notifications, circulars and guidelines issued by the RBI in relation to this from time to time.

Indemnity

In case of any losses arising from actions, demands, claims or other proceedings, a user will have to indemnify and hold Payfair , its affiliates, employees, directors, licensors and agents, if such losses have arisen as a result of the following:

• Violating applicable laws while using the Services
• Breaching the users obligations of confidentiality under these Terms and Conditions
• Charges and penalties imposed by Card Payment Networks on violation of applicable laws with the transactions on the user's website.
• Negligence as well as willful misconduct by the Users in usage of services

Liability limitations

You agree and acknowledge that subject to certain provisions, Payfair or its affiliates, agents, employees, directors and licensors will not be held liable to you in case of the following: Corruption, deletion or failure to store any content as well as communications data maintained or transferred through your using of the services;

• Any kind of exemplary, punitive or direct/indirect damages caused by you under any theory of liability;
• In case you shall fail to provide Payfair with the accurate data at the time of registration;
• If you fail to maintain the confidentiality of your password as well as account details;
• Damage caused as a result of your reliance on the accuracy, completeness or existence of any advertising transactions between you and any sponsor/advertiser who has an advertisement appearing on the service.

These limitations on the liability by Payfair are applicable to you even if Payfair should have been aware of the possibility of such losses to you or had advised the possibility to you.

Warranty Exclusion

No information mentioned in these Terms and Conditions shall exclude or limit Payfair warranty or liability for losses that might not be excluded lawfully or limited by applicable law.

Certain jurisdictions restrict the allowance of excluding some warranties or conditions for losses occurred due to the damages as a result of negligence, breach of contract or inadvertent damages.

Accordingly, the limitations which are considered lawful under your jurisdiction shall be applicable to you and our liability shall be limited under the maximum allowance of such liability by the law. We disclaim any implied warranty for Services and also any use of the same.

The users acknowledge and agree that their usage of services is at their own sole risk and also that the services are provided on an “as available” and “as is” basis.

In particular, Payfair and its licensors do not warrant to you in any way that:

• Your usage of the services will completely meet your requirements
• The services will be timely, error-free as well as uninterrupted
• Information acquired as a result of service use will be reliable and accurate

Software defects provided as part of service will be corrected

None of the information or advice whether in oral form or written, obtained by users from Payfair or from use of services will create any kind of warranty not mentioned exclusively in these Terms and Conditions. Payfair further expressly disclaims all warranties and conditions whether express or implied for a particular purpose.

Confidentiality Clauses

Users of Payfair might get access to some confidential as well as proprietary information, including the information which belongs to Payfair and its affiliates relating to secure websites, personal information of customers of the User, financial and operational information, billing records, computer systems and modules, including technical “know-hows”, methods of operation, as well as any other confidential data not available to the public in general which is clearly identified as CONFIDENTIAL.

The users are required to keep such Confidential Information in confidence. Further, the user shall take appropriate safety steps in order to maintain the secrecy of the Confidential Data from any kind of public disclosure and confidentiality. Along with that the user should not divulge to a third party any kind of Confidential Information without Payfair prior written consent to a third party with n exception of the representatives who have a need to know for the purposes of these Terms of Use.

Exceptions to Confidentiality Information: The confidentiality obligations mentioned herein will have no obligation on the User regarding any Confidential information which:

• Is developed without use of our confidential information by the user
• Acquired from a third party by the user, who does not breach confidentiality obligation to Payfair and who has shared the information with user in good faith
• Which becomes generally known by the public at the time it was received or afterwards, with no failure on the part of the user himself

Has to be disclosed due to legal requirements or requirement of any governmental authority, provided we are provided with a reasonable opportunity of being resistant towards the disclosure or to acquire a protective order.

The User is liable to notify Payfair upon identifying any disclosure regarding confidential information or any unauthorized use as well as in case of any breach of confidentiality. Further, the user will need to cooperate with Payfair in a reasonable manner in order to help us in regaining the possession of such Confidential Information and for preventing its unauthorized use further.

The privacy of its users is extremely important to Payfair. Hence, while accepting these Terms and Conditions you are confirming that you have read and unequivocally accepted our Privacy Policy.

Certain services are supported by revenue from advertising and might lead to display of advertisements as well as certain promotions. These advertisements are based on factors like queries made through the services, information stored on the services, or other information. There might be changes in the type and extent of advertising on Payfair without any prior intimation to you.

You agree to Payfair placing such advertising on the use of services in consideration for us giving you the access and usage of the services.

The Card Payment Network has imposed certain written rules, guidelines, regulations, interpretations known as the “Card Payment Network Rules”.

All rights to amend their guidelines and rules are reserved by The Card Payment Networks. Pursuant to amendments to the Card Payment Network Rules, Payfair might be required to modify or change these Terms and Conditions. And these amendments/modifications if any will be instantly binding on the users. You are required to comply with all of these guidelines, rules as well as regulations formulated by them. There are infrastructure and process to facilitate transaction authorization in the Card Payment Networks.

You expressly agree and acknowledge to assuming the risk of compliance with all the provisions of the Card Payment Network Rules, notwithstanding any assistance by Payfair to understand the Card Payment Network Rules irrespective of you being aware of or having access to those provisions. Experts of respective rules of Visa, MasterCard and American Express are available on their respective websites. You are agreeing to comply in full with all the guidelines, programs, requirements mandated and/or published by the Card Payment Networks.

In case any fines, penalties or other amounts are being demanded of us by a Card Payment Network in event of any non-compliance of Card Payment Network Rules by you, then you shall herein reimburse us with an equal amount of the penalty/fine without prejudice to our other rights hereunder. In case there is a failure in compliance with your obligations towards the Card Payment Networks, in this situation Payfair might suspend the settlement or suspend/ terminate the Services.

If you have got any concerns or complaints regarding the content of this website or breach of these Terms and Conditions, then you are requested to inform the under mentioned designated Grievance Officer in writing or through an email including electronic signature.

Name (Grievance Officer): Mr. Anjali M
Email: legal@payfair.in
SCHEDULE I
PAYMENT GATEWAY

Clients are offered a secure payment option for their Platform and mobile app by The Payment Gateway. The payment gateway enables the clients to receive payments by customers using different payment methods available at the time of checkout.

Payfair offers payment links product through which the client gets empowered to collect payments from various customers by using certain web links which are securely generated. These links can also be shared via means like SMS, email, WhatsApp and other social media applications.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND ACCEPT THEM.