Use of the Paypaisa Platform / Paypaisa Services
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Paypaisa website located at Paypaisa.co.in, and all associated sites linked to Paypaisa.co.in, or the Paypaisa mobile application or any similar platform (hereinafter collectively, the Paypaisa Platform run by PAPAISA PVT LTD, having its registered office at A-119, AZADPUR, DELHI-110033 and/or any of its affiliates (hereinafter collectively, PAYPAISA PVT LTD or Paypaisa on any device and/or before availing any services offered by Paypaisa on the Paypaisa Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by Paypaisa on the Paypaisa Platform (hereinafter individually, and collectively, the Paypaisa Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Paypaisa Services, whether offered by PAYPAISA PVT LTD or its affiliates.
Acceptance
By registering on, accessing, browsing, downloading or using the Paypaisa Platform for any general purpose or for the specific purpose of availing any Paypaisa Service, you agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Paypaisa Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any Paypaisa Service or any future service that may be offered by Paypaisa on the Paypaisa Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Paypaisa Platform or availing any Paypaisa Service or the SSOID, you automatically and immediately agree to all the T&Cs. If at any time you do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse or use the Paypaisa Platform and immediately terminate your availing the Paypaisa Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between you, being at least 18 years of age and an individual user of the Paypaisa Platform or a customer or beneficiary of the Paypaisa Services, and Paypaisa. All services are rendered by Paypaisa through the Paypaisa Platform under the brand name “Paypaisa” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Paypaisa, regarding your use of Paypaisa digital services (which includes but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets), the semi closed wallet service, the marketplace service or any such other services which may be added on the Paypaisa Platform and which will henceforth be a Paypaisa Service, from time to time. The Paypaisa Services shall be used by you subject to your adherence with the T&Cs. As long as you accept and comply with these T&Cs, Paypaisa grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Paypaisa Platform and/or avail the Paypaisa Services.
Eligibility
The Paypaisa Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Paypaisa from availing the Paypaisa Services or accessing the Paypaisa Platform. By accepting the T&Cs or by otherwise using the Paypaisa Services on the Paypaisa Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by Paypaisa, or disqualified for any other reason, from availing the Paypaisa Services or using the Paypaisa Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Paypaisa reserves the right to suspend or permanently prevent you from availing Paypaisa Services or using the Paypaisa Platform.
Other Terms and Conditions
Additional terms and conditions may apply in order for you to avail specific Paypaisa Services and to specific portions or features of the Paypaisa Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Paypaisa Platform or for any Paypaisa Service offered on or through the Paypaisa Platform, the latter terms shall control with respect to your use of that portion of the Paypaisa Platform or the specific Paypaisa Service.
Paypaisa may make changes to any Paypaisa Services offered on the Paypaisa Platform, or to the applicable terms for any such Paypaisa Services, at any time, without notice. The materials on the Paypaisa Platform with respect to the Paypaisa Services may be out of date, and Paypaisa makes no commitment to update the materials on the Paypaisa Platform with respect to such Paypaisa Services.
The following terms also govern and apply to your use of the Paypaisa Platform, and they are inrated herein by this reference:
https://paypaisa.co.in/privacy-policy.aspx
SSOID Service, Participating Platforms
Paypaisa’s SSOID service offers you the convenience, after a one-time regist any Paypaisa Platform, to sign on (log in) to all web pages and online platforms operated by Paypaisa or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate regist process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declas).
The Participating Platforms that offer the SSOID as a login feature, are visible on regist and in the user account. The number of Participating Platforms may also vary in the course of time.
With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Paypaisa’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Paypaisa is solely responsible only for those content that it actually operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by PAYPAISA PVT LTD for use on all Participating Platforms, by PAYPAISA PVT LTD or its affiliates.
For the use of Paypaisa’s SSOID service, the user must register. Regist as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the regist and use of the SSOID service.
The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform Paypaisa immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person.
Submission of the duly completed regist form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then affected by the fact that Paypaisa sends the user a confirmation by e-mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts Paypaisa’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process.
Paypaisa is entitled to reject individual users without giving reasons.
The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Paypaisa) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.
Communication Policy
By accepting the T&Cs, you accept the following:
1. Paypaisa may send alerts to the mobile phone number provided by you while registering with the Paypaisa Platform for the SSOID service or on any updated mobile number subsequently provided by you on the Paypaisa Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then you may not get the alert at all or get delayed messages.
2. Paypaisa will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that you shall have received the information sent from Paypaisa as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Paypaisa Platform or availing any Paypaisa Services. Paypaisa shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Paypaisa liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
3. The SMS/e-mail alert/push notification service provided by Paypaisa is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that you observe any error in the information provided in the alert, Paypaisa shall be immediately informed about the same by you and Paypaisa will make best possible efforts to rectify the error as early as possible. You shall not hold Paypaisa liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.
4. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Paypaisa shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
5. You will indemnify and hold harmless Paypaisa and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Paypaisa or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by you or improper or fraudulent information provided by you; (ii) incorrect number or a number that belongs to an unrelated third party provided by you; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Paypaisa and/or the SMS/e-mail service provider.
6. You will receive information via SMS, e-mail and phone calls regarding what Paypaisa perceive to be of your interest based on your usage history and browsing history (which information may be shared by PAYPAISA PVT LTD with its affiliates). This includes providing information relating to offers, discounts and general information by Paypaisa. In case you do not want such information, you have to explicitly ask to be excluded.
Use of Paypaisa Platform
You understand that except for information, products or services clearly indicated as being supplied by Paypaisa, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Paypaisa cannot and does not guarantee or warrant that files available for download through the Paypaisa Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for accuracy of data input and output.
Prohibited Conduct
By accessing or using the Paypaisa Platform or by availing Paypaisa Services, you agree not to:
1. Violate the T&Cs;
2. Impersonate any person or entity, falsely claim or otherwise misrepresent your 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 via the Paypaisa Services, perform any other similar fraudulent activity or otherwise avail Paypaisa Services with what we reasonably believe to be potentially fraudulent funds;
3. Infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
4. Use the Paypaisa Services if you are under the age of 18 years without a parental sponsor or, in any event, use the Paypaisa Services if you are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
5. Post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
6. Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
7. Refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to Paypaisa;
8. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Paypaisa Services and the Paypaisa Platform or features that enforce limitations on the use of the Paypaisa Services or the Paypaisa Platform;
9. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Paypaisa Services or Paypaisa Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
10. Use the Paypaisa Services or the Paypaisa Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Paypaisa Services or the Paypaisa Platform in an automated manner;
11. Modify, adapt, translate or create derivative works based upon the Paypaisa Services and the Paypaisa Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
12. Intentionally interfere with or damage ope of the Paypaisa Services or the Paypaisa Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
13. Use any robot, spider, other automatic device, or manual process to monitor or copy the Paypaisa Platform without prior written permission;
14. Interfere or disrupt the Paypaisa Platform or networks connected to the Paypaisa Platform;
15. Take any action that imposes an unreasonably or disproportionately large load on Paypaisa’s infrastructure/network;
16. Use any device, software or routine to bypass the Paypaisa Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Paypaisa Services;
17. forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Paypaisa Platform or to manipulate your presence on the Paypaisa Platform;
18. Sell the Paypaisa Services, information, or software associated with or derived from it;
19. Use the facilities and capabilities of the Paypaisa Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
20. Breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
21. Provide false, inaccurate or misleading information;
22. Use the Paypaisa Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Paypaisa Platform, except and only as expressly provided in the T&Cs;
23. Avail Paypaisa Services with what Paypaisa reasonably believes to be potentially fraudulent funds;
24. Use the Paypaisa Services in a manner that results in or may result in complaints, disputes, reversals, charge-backs, fees, fines, penalties and other liability to Paypaisa, a third party or you;
25. Use the Paypaisa Services in a manner that Paypaisa or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
26. Take any action that may cause Paypaisa to lose any of the Paypaisa Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
27. Send automated request of any kind to the Paypaisa Platform without express permission in advance from Paypaisa.
Termination; Agreement Violations
You agree that Paypaisa, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Paypaisa Services/Paypaisa Platform and remove and discard on the Paypaisa Platform all or any part of your account, your user profile, or your recipient profile, including your SSOID, at any time. Paypaisa may also in its sole discretion and at any time discontinue providing access to the Paypaisa Services, or any part thereof, with or without notice. You agree that any termination of your access to the Paypaisa Services/Paypaisa Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Paypaisa will not be liable to you or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Paypaisa may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Paypaisa Services/Paypaisa Platform.
Limitation of Liability and Damages
In no event, Paypaisa or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Paypaisa Services, the Paypaisa Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Paypaisa Services, the Paypaisa Platform (including any and all materials) or any reference sites/app/platform/service, even if Paypaisa or a Paypaisa authorized representative has been advised of the possibility of such damages. In no event, Paypaisa or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Paypaisa Services, the Paypaisa Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Paypaisa services, the Paypaisa Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Paypaisa, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Paypaisa Service or the Paypaisa Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that Paypaisa has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Paypaisa, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Paypaisa. Paypaisa would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Paypaisa’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
Indemnification
You agree to indemnify, save, and hold Paypaisa, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) your use or misuse of the Paypaisa Services or of the Paypaisa Platform; (ii) any violation by you of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by you herein (iv) Contractors, agents and distributors indemnify all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to retailers and vice-versa. Paypaisa reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Paypaisa, including rights to settle, and you agree to cooperate with Paypaisa’s defense and settlement of these claims. Paypaisa will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, Paypaisa and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Paypaisa or through the Paypaisa Services or the Paypaisa Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “Paypaisa” includes Paypaisa’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You acknowledge that Paypaisa is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the Paypaisa Services on the Paypaisa Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Paypaisa does not warrant that the Paypaisa Services will be uninterrupted or error-free or that defects in the site will be corrected. The Paypaisa Services and the Paypaisa Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Paypaisa, and its third party suppliers, licensors, and partners do not warrant that the data, Paypaisa software, functions, or any other information offered on or through the Paypaisa Services/Paypaisa Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Paypaisa and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Paypaisa Services/Paypaisa Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Paypaisa Services/Paypaisa Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Paypaisa be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Paypaisa Platform.
Ownership; Proprietary Rights
The Paypaisa Services and the Paypaisa Platform are owned and operated by Paypaisa and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Paypaisa Services and the Paypaisa Platform provided by Paypaisa (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Paypaisa, all Materials, trademarks, service marks, and trade names contained on the Paypaisa Platform are the property of Paypaisa and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Paypaisa or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Paypaisa Services/Paypaisa Platform. Except as expressly authorized by Paypaisa, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Paypaisa reserves all rights not expressly granted in this Agreement. If you have comments regarding the Paypaisa Services and/or the Paypaisa Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Paypaisa, and shall assign to Paypaisa, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Modification of this Agreement
Paypaisa reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Paypaisa Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the Paypaisa Platform, availing the Paypaisa Services or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Paypaisa Services/Paypaisa Platform. For certain changes, Paypaisa may be required under applicable law to give you advance notice, and Paypaisa will comply with such requirements. Your continued use of the Paypaisa Platform following the posting of changes will mean that you accept and agree to the changes.
Notice
Paypaisa may provide you with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Paypaisa Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Paypaisa must be sent by courier or registered mail to PAYPAISA PVT LTD A-119, AZADPUR, DELHI-110033, India.
Waiver
The failure of Paypaisa to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Paypaisa.
Dispute Resolution
If any dispute, controversy or claim arises under this Agreement or in relation to any Paypaisa Service or the Paypaisa Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable Endeavour’s to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Paypaisa may elect to resolve any Dispute by a binding arbit in accordance with the provisions of the Indian Arbit & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbit with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbit shall be New Delhi and the language of this arbit shall be English. Either you or Paypaisa may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to you or Paypaisa (or any of our agents, suppliers, and subcontractors), pending the completion of arbit. Any arbit shall be confidential, and neither you nor Paypaisa may disclose the existence, content or results of any arbit, except as may be required by law or for purposes of enforcing the arbit award. All administrative fees and expenses of arbit will be divided equally between you and Paypaisa. In all arbits, each party will bear the expense of its own lawyers and prepa. This paragraph shall survive termination of this Agreement.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Paypaisa must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
Severability
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Assignment; Restrictions on Information Sharing; Privacy
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without Paypaisa’s prior written consent which may be withheld in Paypaisa’s sole discretion, but this Agreement, and any rights granted hereunder, may be assigned by Paypaisa freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect. By accepting this Agreement and the T&Cs hereunder, you agree to be customers of Paypaisa (including, each of PAYPAISA PVT LTD and its affiliates). In addition, by accepting this Agreement and the T&Cs hereunder, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring Paypaisa’s rights and obligations under this Agreement and the T&Cs in favour of any affiliate or third party; (b) for using the Paypaisa Platform and availing the Paypaisa Services by you subject to any specific terms and conditions imposed by any affiliate of Paypaisa; (c) for receiving communications, notices and information from any PAYPAISA PVT LTD or any affiliate of PAYPAISA PVT LTD; (d) for sharing of business information (including data analytics and any information relating to you or the services being availed by you) between PAYPAISA PVT LTD and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to Paypaisa’s customers (including you); (ii) provision of better services by Paypaisa’s vendors; (iii) to prevent any breach of a binding agreement between PAYPAISA PVT LTD and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by Paypaisa or by any affiliate of Paypaisa; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of PAYPAISA PVT LTD or any affiliate; or (vi) PAYPAISA PVT LTD retaining any and all information relating to you till such time as may be required under applicable laws or internal policies. At times PAYPAISA PVT LTD or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with Paypaisa to provide products and services, or that help Paypaisa market to customers. Personal information will only be shared by Paypaisa to provide or improve Paypaisa’s products, services and advertising, and will always be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes. Paypaisa, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in Paypaisa’s products and services, offering any products or services from any Paypaisa Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable law and these companies are obligated to protect your personal information under applicable law. It may be necessary - by law, legal process, litigation, and/or requests from public and governmental authorities - for Paypaisa to disclose your personal information. Paypaisa may also disclose information about you if Paypaisa determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. Paypaisa may also disclose information about you if Paypaisa determines that disclosure is reasonably necessary to enforce the T&Cs or protect Paypaisa’s opes or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of Paypaisa’s business or products or services offered through any Paypaisa Platform to any persons (including any affiliates), Paypaisa may transfer any and all personal information that Paypaisa collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees. For the purposes of these T&Cs, the term “affiliates” means and includes: (a) any company which is the holding company (as defined in the Companies Act, 2013), subsidiary company (as defined in the Companies Act, 2013) or associate company (as defined in the Companies Act, 2013) of PAYPAISA PVT LTD; or (b) a person under the control of or under common control with PAYPAISA PVT LTD; or (c) any company, who is an associate company (as defined in the Companies Act, 2013) of the first company, or if more than 50% of the share capital of such company (calculated on a fully diluted basis) is held by the same shareholders who own more than 50% of the share capital of PAYPAISA PVT LTD (calculated on a fully diluted basis).. For the purpose of this definition of an “affiliate”, “control” together with its grammatical variations when used with respect to any person (including Paypaisa), means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the voting securities, by contract or otherwise howsoever; and a “person” means a company, , a partnership, trust or any other entity or organisation or other body whatsoever. Paypaisa’s privacy policy applies to use of the Paypaisa Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the Paypaisa Platform, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Paypaisa Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Survival
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expi as applied to transfers and relationship prior to such termination or expi.
Headings
The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement
This Agreement is the entire agreement between you and Paypaisa relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Paypaisa in accordance with the terms of this Agreement.
Bill Payments and Digital Products Terms & Conditions
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Paypaisa website located at paypaisa.co.in, and all associated sites linked to paypaisa.co.in, or the Paypaisa mobile application or any similar platform (hereinafter collectively, the Paypaisa Platform) run by PAYPAISA PVT LTD, having its registered office at A-119, AZADPUR, DELHI-110033 and/or any of its affiliates (hereinafter collectively, PAYPAISA PVT LTD or Paypaisa) on any device and/or before availing any travel, recharge or bill payment or digital products related services offered by Paypaisa on the Paypaisa Platform (hereinafter, individually Paypaisa Digital Service and collectively, the Paypaisa Digital Services).
Eligibility
The Paypaisa Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Paypaisa from availing the Paypaisa Digital Services or accessing the Paypaisa Platform. By accepting the T&Cs or by otherwise using the Paypaisa Digital Services on the Paypaisa Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by Paypaisa, or disqualified for any other reason, from availing the Paypaisa Bill Payment and Digital Goods Services or using the Paypaisa Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Paypaisa reserves the right to suspend or permanently prevent you from availing Paypaisa Digital Services or using the Paypaisa Platform.
Digital Services
Paypaisa facilitates the payment of certain bills through the Paypaisa Platform with respect to certain services offered by Paypaisa business partners who have partnered with Paypaisa to enable their bills to be paid through the Paypaisa Platform. Please see the relevant links on the Paypaisa Platform for more information on Paypaisa’s bill payment service. Further, Paypaisa also offers certain digital products which facilitate the purchase of prepaid recharges for mobile, DTH, toll and data card as well as purchase of movie tickets, bus tickets, hotel reservations, flight tickets and purchase of tickets to amusement or theme parks, etc. Other digital products available on the Paypaisa Platform also include coupon redemption services. The terms and conditions in relation to bill payments and digital products are set out below. The terms and conditions in relation to bill payments and digital products set out below are applicable to and binding on you in conjunction with the SSOID terms and conditions already accepted by you. Each SSOID term or condition is applicable to and binding on you, or any of your activities on the Paypaisa Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned herein below includes the terms and conditions in relation to bill payments and digital products set out below and the SSOID terms and conditions as well as other service-specific terms and conditions in relation to Paypaisa Services or Paypaisa Platform.