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Privacy Policy

Welcome to ePaisa – enabling commerce!

Privacy Notice for Users Who Apply or Sign Up for an ePaisa Account or Other Services
To access the Privacy Notice effective through Dec 04, 2018,
click here.
For users who DO NOT apply or sign up for an ePaisa Account, click here.

Posted on: Dec 5, 2018
Effective Date: Dec 5, 2018

This Privacy Notice describes how ePaisa Services Private Limited. and our affiliates
(collectively, “ePaisa,” “we,” and “us”) collect, use, disclose, transfer, store, retain or
otherwise, process your information when you (whether you are a person or a business)
apply or sign up for an ePaisa account or other services through ePaisa’s website or
applications (collectively, “Services”).


This Privacy Notice applies to your use of our Services and covers information collected
in connection with your access to and use of our Services. Please read this Privacy
Notice carefully. By continuing to interact with our Services, you are consenting to the
practices described in this Privacy Notice.
Our Privacy Notice explains:

 

INFORMATION WE COLLECT ABOUT YOU
 

We need to collect information about you to provide you with the Services or the support you request. The type of information we collect can vary depending on the country from which you access our Services. Additionally, you can choose to voluntarily provide information to us.

Information You Provide
 

We collect information you provide when you apply or sign up for a ePaisa account or other Services, go through our identity or account verification process, authenticate into your account, communicate with us, answer our surveys, upload content, or otherwise use the Services.

We collect information about you when you use our Services, including:
 

  • Identification Information.Your name; email address; mailing address; phone number; photograph; birthdate; passport, driver’s license, Aadhar, Taxpayer Identification, or other government-issued identification; or other historical, contact, and demographic information when you apply or sign up for a ePaisa account or other Services, signature, and authentication credentials (for example, information you use to login to your account), including IP address.

  • Financial Information.Information such as bank account, payment card numbers, credit reports, and other publicly available information.

  • Tax information.Withholding allowances and tax filing status.

  • Transaction Information.When you use our Services to make, accept, request, or record payments, we collect information about when and where the transactions occur, the names of the transacting parties, a description of the transactions, the payment or transfer amounts, billing and shipping information, and the devices and payment methods used to complete the transactions.

  • Other Information You Provide.Information that you voluntarily provide to us, including your survey responses; participation in contests, promotions, or other prospective seller marketing forms or devices; suggestions for improvements; referrals; or any other actions performed on the Services.

Information We Collect From Your Use of our Services
 

We collect information about you and the devices you use to access the Services, such as your computer, mobile phone, or tablet. The information that we collect includes:
 

  • Precise Geolocation Information.The location of your device. For more information and to learn how to disable collection of location information.

  • Device Information.Information about your device, including your hardware model, operating system and version, device name, unique device identifier, mobile network information, and information about the device’s interaction with our Services.

  • Use Information.Information about how you use our Services, including your access time, “log-in” and “log-out” information, browser type and language, country and language setting on your device, Internet Protocol (“IP”) address, the domain name of your Internet service provider, other attributes about your browser, mobile device and operating system, any specific page you visit on our platform, content you view, features you use, the date and time of your visit to or use of the Services, your search terms, the website you visited before you visited or used the Services, data about how you interact with our Services, and other clickstream data.

  • Business Information.Information about products and services you sell (including inventory, pricing and other data) and other information you provide about you or your business (including appointment, staffing availability, employee, payroll and contact data).

  • Employee Information.Information provided to a Seller using our Services, for example information about employees whose employers using ePaisa (including hours worked and other timecard data).

  • Customer Information.Information you collect from your customers, including email address, phone number, payment information, or other information.

Information We Collect From Other Sources

We also collect information about you from third parties, including:
 

  • Identity Verification.Information from third-party verification services, credit bureaus, financial institutions, mailing list providers, and publicly available sources. In some circumstances, where lawful, this information may include your government-issued identification number.

  • Background Information.To the extent permitted by applicable laws, we may obtain background check reports from public records of criminal convictions and arrest records. We may use your information, including your full name, government-issued identification number, and date of birth, to obtain such reports.

  • Credit, Compliance and Fraud.Information about you from third parties in connection with any credit investigation, credit eligibility, identity or account verification process, fraud detection process, or collection procedure, or as may otherwise be required by applicable law. This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment, financial institutions, and personal reporting agencies.

 

Children’s Information

Our Services are general audience services not directed at children under the age of 13. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 13, we will promptly delete that information.
 

HOW WE USE YOUR INFORMATION

We may use information about you for a number of purposes, including:

Providing, Improving, and Developing our Services
 

  • Determining whether the Services are available in your country;

  • Processing or recording payment transactions or money transfers;

  • Otherwise providing you with the ePaisa products and features you choose to use;

  • Displaying your historical transaction or appointment information;

  • Providing, maintaining and improving our Services;

  • Developing new products and services;

  • Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages including to resolve disputes, collect fees, and provide assistance for problems with our Services or your ePaisa account;

  • Improving, personalizing, and facilitating your use of our Services;

  • Measuring, tracking, and analyzing trends and usage in connection with your use or the performance of our Services.
     

Communicating with You About our Services
 

  • Sending you information we think you may find useful or which you have requested from us about our products and services;

  • Conducting surveys and collecting feedback about our Services.
     

Protecting our Services and Maintaining a Trusted Environment
 

  • Investigating, detecting, preventing, or reporting fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities, or to otherwise help protect your account, including to dispute chargebacks on your behalf;

  • Protecting our, our customers’, or your customers’ rights or property, or the security or integrity of our Services;

  • Enforcing our Terms of Serviceor other applicable agreements or policies;

  • Verifying your identity (e.g., through government-issued identification numbers);

  • Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process;

  • Fulfilling any other purpose disclosed to you in connection with our Services;

  • Contacting you to resolve disputes, collect fees, and provide assistance with our Services.
     

Advertising and Marketing
 

  • Marketing of our Services;

  • Communicating with you about opportunities, products, services, contests, promotions, discounts, incentives, surveys, and rewards offered by us and select partners;

  • If we send you marketing emails, each email will contain instructions permitting you to “opt out” of receiving future marketing or other communications.
     

To learn about your choices regarding interest-based advertising and cross-device tracking, please see below.

Other Uses
 

  • For any other purpose disclosed to you in connection with our Services from time to time.

     

HOW WE SHARE YOUR INFORMATION
 

We may share information about you as follows:

With Other Users of our Services with Whom You Interact
 

  • With other users of our Services with whom you interact through your own use of our Services. For example, we may share information when you make or accept a payment, appointment, or money transfer using our Services.With our Affiliates

  • With our group companies and corporate affiliates, for the purposes outlined above.With Third Parties

  • With third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf (e.g., fraud prevention, identity verification, and fee collection services), as well as financial institutions, payment networks, payment card associations, credit bureaus, partners providing services on ePaisa’s behalf, and other entities in connection with the Services;

  • With third parties that run advertising campaigns, contests, special offers, or other events or activities on our behalf or in connection with our Services.
     

Business Transfers and Corporate Changes

  • To a subsequent owner, co-owner, or operator of one or more of the Services; or

  • In connection with (including, without limitation, during the negotiation or due diligence process of) a corporate merger, consolidation, or restructuring; the sale of substantially all of our stock and/or assets; financing, acquisition, divestiture, or dissolution of all or a portion of our business; or other corporate change.
     

Safety and Compliance with Law

  • If we believe that disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., from tax authorities, law enforcement agencies, etc.); (ii) to enforce or comply with our General Terms or other applicable agreements or policies; (iii) to protect our or our customers’ rights or property, or the security or integrity of our Services; or (iv) to protect us, users of our Services or the public from harm, fraud, or potentially prohibited or illegal activities.
     

With Your Consent

  • With your consent. For example:

    • At your direction or as described at the time you agree to share;

    • When you authorize a third party application or website to access your information.
       

Aggregated and Anonymized Information

  • We also may share (within our group of companies or with third parties) aggregated and anonymized information that does not specifically identify you or any individual user of our Services.

     

HOW LONG WE RETAIN YOUR INFORMATION
 

We generally retain your information as long as reasonably necessary to provide you the Services or to comply with applicable law. However, even after you deactivate your account, we can retain copies of information about you and any transactions or Services in which you may have participated for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to assist with investigations, to enforce our General Terms or other applicable agreements or policies, or to take any other actions consistent with applicable law.

 

COOKIES AND OTHER SIMILAR TECHNOLOGIES
 

We use various technologies to collect information when you access or use our Services, including placing a piece of code, commonly referred to as a “cookie,” or similar technology on your device and using web beacons. Cookies are small data files that are stored on your hard drive or in your device memory when you visit a website or view a message. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We will begin collecting information about you or from activity on devices you use as soon as you use our Services. By using our Services, you permit us to collect and use your information from activity on devices you use in accordance with this Privacy Notice. For more information and to learn how to block or delete cookies used in the Services, please
.

Certain cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to use the Services and, as such, will last longer.

We may use cookies to:
 

  • Remember that you have visited us or used the Services before. This allows us to identify the number of unique visitors we receive so that we can provide enough capacity to accommodate all of our users.

  • Customize elements of the promotional layout and/or content of our Services.

  • Collect data about the way you interact with our Services (e.g., when you use certain features).

  • Collect data to assess and improve our advertising campaigns, including sending information to our business partners.

  • Allow our business partners (including third parties) to use these tracking technologies to track your behavior on our behalf on our Platform (including when you use multiple devices) and on partner websites.

  • Enable third parties to collect data about the way you interact across sites outside of our Services.

  • Collect anonymous statistical information about how you use the Services (including the length of your web or application session) and the location from which you access the Services, so that we can improve the Services and learn which elements and functions of the Services are most popular with our users.
     

Some of the cookies used in the Services are set by us, and others are set by third parties who deliver services on our behalf.
 

Most web and mobile device browsers are set to automatically accept cookies by default. However, you can change your browser settings to prevent automatic acceptance of cookies, or to notify you each time a cookie is set.
 

You also can learn more about cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note, however, that by blocking or deleting cookies used in the Services, you may not be able to take full advantage of the Services.
 

We also may collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We use web beacons to deliver cookies, track the number of visits to our website and apps, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.

 

THIRD-PARTY ADVERTISING AND ANALYTICS
 

We can use third-party service providers to provide site metrics and other analytics services. These third parties can use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications on your device, the browsers you use to access our Services, webpages viewed, time spent on webpages, links clicked, and conversion information (e.g., transactions entered into). This information can be used by ePaisa and third-party service providers on behalf of ePaisa to analyze and track usage of our Services, determine the popularity of certain content, and better understand how you use our Services. The third-party service providers that we engage are bound by confidentiality obligations and other restrictions with respect to their use and collection of your information.
 

This Privacy Notice does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices. For more information about targeted advertising specifically, please visit http://www.aboutads.info/choices.
 

Examples of our third-party service providers to help deliver our Services or to connect to our Services include:
 

  • Google Analytics: We use Google Analytics to understand how our Services perform and how you use them. To learn more about how Google processes your data, please visit https://www.google.com/policies/privacy/. To opt out of Google Analytics please visit https://tools.google.com/dlpage/gaoptout.

  • Instabug, Pipedrive, Realtime, Teamviewer, Mixpanel and UXcam: We use Instabug, Realtime, Mixpanel and Uxcam monitoring apps to monitor errors that impact customers and report diagnostic data to us so we can improve our Service and help to make sure they work when you need to use them. Please visit https://instabug.com/privacy to learn more about how Insta processes your data and https://mixpanel.com/legal/privacy-overview/ to learn more about how Mixpanel processes your data.
     

These third-party service providers make use of cookies to implement their services.
 

YOUR CHOICES
 

Personal Information

You may access, change, or correct information that you have provided by logging into your ePaisa account at any time or by making a request to us using the contact details below, in which case we may need to verify your identity before granting access or otherwise changing or correcting your information.
 

Deactivating Your Account

If you wish to deactivate your account, you can do so by emailing us using the contact details provided below
 

Location Information

In order to provide certain Services, we may require access to location information, including precise geolocation information collected from your device. If you do not consent to collection of this information, certain Services will not function properly and you will not be able to use those Services. You can stop our collection of location information at any time by changing the preferences on your mobile device. If you do so, some of our mobile applications will no longer function. You also may stop our collection of location information via mobile application by following the standard uninstall process to remove all ePaisa mobile applications from your device.

SECURITY
 

We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Nevertheless, the internet is not a 100% secure environment, and we cannot guarantee absolute security of the transmission or storage of your information. We hold information about you both at our own premises and with the assistance of third-party service providers.

 

STORAGE AND PROCESSING
 

We may, and we may use third-party service providers to, process and store your information in India and other countries.

 

CHANGES TO THIS PRIVACY NOTICE
 

We may amend this Privacy Notice from time to time by posting a revised version and updating the “Effective Date” above. The revised version will be effective on the “Effective Date” listed. We will provide you with reasonable prior notice of material changes in how we use your information, including by email, if you have provided an email address. If you disagree with these changes, you may cancel your account at any time. Your continued use of our Services constitutes your consent to any amendment of this Privacy Notice.

 

CONTACT
 

Please contact our Privacy Department with any questions or concerns regarding this Privacy Notice.
 

ePaisa Services Private Limited

C 25, Vasant Vihar,

New Delhi-57

privacy@epaisa.com
 

If you have any questions or concerns regarding our notice, or if you believe our notice or applicable laws relating to the protection of your personal information have not been respected, you may file a complaint with our Privacy Department listed above, and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We may keep records of your request and any resolution.

Legal & Terms

 

General Terms of Service

Last updated: August 10, 2016 | Ver. 1.2
 

These General Terms of Service (“General Terms”) are a legal agreement between you (“you,” “your”) and ePaisa, Services (P) Limited (”ePaisa,” “we,” “our” or “us”) and govern your use of ePaisa’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, that business accepts these terms. By using any of the Services you agree to these General Terms and any policies referenced within (“Policies”), including terms that limit our liability (see Section 18) and require individual arbitration for any potential legal dispute (see Section 21). You also agree to any additional terms specific to Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us. You should read all of our terms carefully.
 

  • Payment Terms: These terms apply to all payments made through the Services.

  • Point of Sale Additional Terms of Service: These terms apply when you use ePaisa Point of Sale.

  • Mobile Wallet Terms of Service: These terms apply when you use any Third Party Wallets on ePaisa Point of Sale.

  • Value Added Services (VAS) Terms of Service: These terms apply when you use and Value Added Services (VAS) on ePaisa Point of Sale.

  • Online Payment Gateway Terms of Service: These terms apply when you use Online payment gateway Service of ePaisa.

  • Money Transfer Terms of Service: These terms apply when you use Money Transfer service on ePaisa Point of Sale.
     

1. Privacy
 

You agree to ePaisa’s Privacy Policy, which explains how we collect, use and protect the personal information you provide to us.


2. ePaisa Account Registration
 

You must create an account with us (a “ePaisa Account”) to use the Services. During registration we will ask you for information, including your name and other personal information. You must provide accurate and complete information in response to our questions, and keep that information current. You are fully responsible for all activity that occurs under your ePaisa Account, including for any actions taken by persons to whom you have granted access to the ePaisa Account. We reserve the right to suspend or terminate the ePaisa Account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.


3. Revisions, Disclosures and Notices

We may amend the General Terms, any Additional Terms, or our Policies, at any time with notice that we deem to be reasonable in the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section 20) that arose before the changes will be governed by the General Terms, Additional Terms or Policies in place when the Dispute arose.

You agree to ePaisa’s E-Sign Consent. We may provide disclosures and notices required by law and other information about your ePaisa Account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your ePaisa Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact ePaisa Support. If we are not able to support your request, you may need to terminate your ePaisa Account.


4. Restrictions
 

You may not, nor may you permit any third party, directly or indirectly, to:

  • export the Services, which may be subject to export restrictions imposed by Indian law;

  • access or monitor any material or information on any ePaisa system using any manual process or robot, spider, scraper, or other automated means;

  • except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;

  • perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;

  • copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from ePaisa;

  • use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;

  • transfer any rights granted to you under these General Terms;

  • use the Services in a way that distracts or prevents you from obeying traffic or safety laws;

  • use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;

  • use the Services for any illegal activity or goods or in any way that exposes you, other ePaisa users, our partners, or ePaisa to harm; or

  • otherwise use the Services except as expressly allowed under these General Terms and applicable Additional Terms.
     

If we reasonably suspect that your ePaisa Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your ePaisa Account, and any of your transactions with any and all law enforcement agencies.

5. Compatible Mobile Devices and Third Party Carriers
 

We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”
 

6. Your Content
 

The Services may include functionality for uploading or providing photos, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).

You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your ePaisa Account or by terminating your ePaisa Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with ePaisa’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose ePaisa, its affiliates or its customers to harm or liability of any nature.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.


7. Copyright and Trademark Infringement


We respect the copyright and trademark rights of others and ask you to do the same. We have adopted a Copyright & Trademark Policy regarding claims that third party material infringes the copyrights or trademarks of others. We respond to all valid notices of such copyright and trademark infringement, and our policy is to suspend or terminate the access privileges of those who infringe the copyrights and trademarks of others.
 

8. Security

We have implemented technical and organisational measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration, or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or ePaisa Account or any other breach of security. Notwithstanding Sections 20 and 21, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any ePaisa Account subject to dispute) will be final and binding on all parties.


9. Communications
 

You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for an ePaisa account or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You acknowledge that opting out of receiving communications may impact your use of the Services.


10. Paid services


ePaisa offers some services to be paid for on a recurring basis (“Subscription Plans”) or on an as-used basis (“A La Carte Services” and, together with the Subscription Services, “Paid Services”). ePaisa has the right to change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your ePaisa Account settings or as otherwise agreed in writing (“Subscription Fee”). A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage (“A La Carte Fees” and, together with Subscription Fees, the “Paid Service Fees”).

Paid Service Fees may be paid by debit card, credit card, or deducted from your transaction proceeds. If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device, we reserve the right to collect Paid Service Fees by deduction from your transaction proceeds, the Balance (as defined in the Payment Terms) in your ePaisa Account or your linked bank account.

Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on the 1st of every month until cancelled. You may cancel a Subscription Service at any time from your ePaisa Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon seven (7) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.


11. Termination


We may terminate these General Terms or any Additional Terms, or suspend or terminate your ePaisa Account or your access to any Service, at any time for any reason. We will take reasonable steps to notify you of termination by email or at the next time you attempt to access your ePaisa Account. You may also terminate the General Terms and Additional Terms applicable to your ePaisa Account by deactivating your ePaisa Account at any time.
 

Hardware including credit card reader, bluetooth printers, bar code readers, cash drawers, tablets, phones and any / all hardware sold by ePaisa is non-refundable all sales are final at the time of ordering.
 

12. Termination by Service Provider~
 

In the event of non-usage of POS machine i.e. no transaction is done on the POS machine by the merchant for a period of three (3) months or more, ePaisa may terminate this Agreement or deactivate the services for the usage of both ePaisa application and hardware device with immediate effect, at any time. The merchant will not be entitled for any refund in any such case.


13. Effect of Termination


If these General Terms or your ePaisa Account is terminated or suspended for any reason: (a) the license and any other rights granted under these General Terms and any Additional Terms will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these General T

Terms survive and remain in effect in accordance with their terms upon termination:

6.   (Your Content)

7.   (Copyright and Trademark Infringement)

12.  (Effect of Termination)

14 . (Ownership)

15.  (Indemnity)

16.  (Representations and Warranties)

17.  (No Warranties)

18.  (Limitation of Liability and Damages)

19.  (Third Party Products)

20.   (Disputes)

21.  (Binding Individual Arbitration)

22.  (Governing Law)

23.  (Limitation on Time to Initiate a Dispute)

24.  (Assignment)

25.  (Third Party Service and Links to Other Web Sites)

26.  (Other Provisions)
 

14. Your License
 

We grant you a limited, non-exclusive, revocable, non-transferable, non-sub-licensable license to use the software that is part of the Services, as authorized in these General Terms. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.


15. Ownership


We reserve all rights not expressly granted to you in these General Terms. We own all rights, title, interest, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.

For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.


16. Indemnity


You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms or any Additional Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of India, Singapore or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.
 

17. Representations and Warranties
 

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”); (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these General Terms and applicable Additional Terms.
 

18. No Warranties
 

The use of “ePaisa” in sections 18 and 19 means ePaisa, its processors, its suppliers, and its licensors (and their respective subsidiaries, affiliates, agents, directors, and employees).

The services are provided “as is” without representation or warranty, whether it is express, implied, or statutory. Without limiting the foregoing, ePaisa specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

ePaisa does not warrant or guarantee that the services are accurate, reliable or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted, error-free, without defect or secure; that any defects or errors will be corrected; or that the services are free of viruses or other harmful components.

ePaisa does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third party. ePaisa does not have control of, or liability for, goods or services that are paid for using the Services.
 

19. Limitations of Liability and Damages

To the maximum extent permitted by applicable law, in no event will ePaisa be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the service. In all cases, ePaisa will not be liable for any loss or damage that is not reasonably foreseeable.

Under no circumstances will ePaisa be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the services or your ePaisa account, or the information contained therein.

To the maximum extent permitted by applicable law, the total liability of ePaisa is limited to the greater of (a) the amount of fees earned by us in connection with your use of the services during the three (3) month period immediately preceding the event giving rise to the claim for liability, or (b) indian rupees rs. 500.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ePaisa has been advised of the possibility of such damage. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction
 

20. Third Party Products
 

All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. ePaisa MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.


21. Disputes
 

“Disputes” are defined as any claim, controversy, or dispute between you and ePaisa, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these General Terms, any Additional Terms, or the Services, or any other aspect of our relationship.


22. Binding Individual Arbitration
 

You and ePaisa agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. Any arbitration under these general terms will only be on an individual basis; class arbitrations, class actions, private attorney general actions, representative actions and consolidation with other arbitrations are not permitted. You waive any right to have your case decided by a jury and you waive any right to participate in a class action against ePaisa. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by Indian Arbitration Act at New Delhi, India
Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur in New Delhi, India. Otherwise, any arbitration hearing will occur in New Delhi, India, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We will pay the arbitration fees due to the India Arbitration Act and Association for individual arbitrations brought in accordance with this section. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and ePaisa also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the of New Delhi, India.


23. Governing Law
 

These General Terms and any Dispute will be governed by New Delhi, India law and/or applicable Arbitration Act as applied to agreements entered into and to be performed entirely within New Delhi, India, without regard to its choice of law or conflicts of law principles.


24. Limitation on Time to Initiate a Dispute
 

Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.


25. Assignment
 

These General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
 

26. Third Party Services and Links to Other Web Sites
 

You may be offered services, products and promotions provided by third parties and not by ePaisa (“Third Party Services”). If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible for the performance of any Third Party Services. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by ePaisa. Such third party websites are not governed by these General Terms. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.
 

27. Other Provisions
 

These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and ePaisa regarding the Services. In the event of a conflict between these General Terms and any other ePaisa agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.

Hardware Policies and Limited Warranty

 

Hardware Policies and Limited Warranty

Last updated: August 10, 2016 | Ver. 1.1

ePaisa Shop Sales and Return Policy

Thank you for shopping at ePaisa. This Sales and Return Policy applies to your purchase of ePaisa third party hardware and accessories (“Third Party Hardware,” and collectively with ePaisa Hardware, “Products”) from ePaisa

  • Shipping

We will ship Products using a carrier selected by us. Your order checkout page shows your shipping method, estimated time, and any shipping fees. While we will try to meet your shipment and delivery dates, we may be unable to do so in the event of low Product inventory. In addition, many events beyond our control can affect the delivery of your Products after we provide it to the carrier. Therefore, we are not liable for late shipment or delivery or any loss, damage, or penalty you incur from any delay in shipment or delivery.

  • Returns

If you are not fully satisfied with your purchase, you may return your Products within seven (7) days of delivery so long as they are in their original condition and packaging and you enclose the original packaging slip. We will refund your purchase price in full and cover the cost of return shipping. You must return all Products, cords, cables, parts and documentation that were included with the original package. Refunds will be applied to the original purchase method. Only Products purchased directly from ePaisa can be returned to ePaisa. Products you purchase through our authorized retail partners must be returned in accordance with their respective return policies.

  • Availability

The Products offered from ePaisa consist of ePaisa Hardware as well as Third Party Hardware purchased and resold by ePaisa. From time to time, we may be unable to manufacture or obtain a sufficient supply of Products. In addition, there may be occasions when we confirm your order but subsequently learn that we are unable to supply your Products. Therefore, we reserve the right at any time to limit or change quantities available for purchase or to cancel your order. If we cancel your order, we will refund your purchase price in full.

  • End User Customers

We sell and ship Products only to customers located in the India for their own use. You may not purchase Products for resale, and we reserve the right to refuse or cancel your order if we believe you will do so. Your use of the Products is governed by the ePaisa Seller Agreement and related agreements and policies available at http://epaisa.local/legal

  • Limited Warranty

ePaisa warrants your ePaisa Hardware against defects in materials and workmanship under normal use for a period of one (1) year from the shipping date. ePaisa will replace such defective ePaisa Hardware at no cost to you. However, you must return the defective ePaisa Hardware to ePaisa at the designated address and in the designated box, with all accessories, cords, cables, parts and documentation included, within fourteen (7) days of receiving your replacement ePaisa Hardware. You will be asked to provide a payment card number to ePaisa when you initiate a warranty based return. In the event you fail to return your defective ePaisa Hardware pursuant to the process and time frame specified by ePaisa, ePaisa will charge either your ePaisa Account (if there is a balance) or the card you provided when you initiated your warranty based return. This is your sole and exclusive remedy for breach of this limited warranty. This limited warranty is only available to you as the original purchaser of the ePaisa Hardware. Warranty coverage terminates if you sell or transfer your ePaisa Hardware. No ePaisa reseller, agent, or employee is authorized to make any modification, extension, or addition to this limited warranty. To initiate a warranty based return, contact ePaisa Support.

This limited warranty does not apply to ePaisa Hardware that has been subject to alteration, repair, tampering, accident, abuse, misuse, fire, acts of god (including, without limitation, earthquake, flood, hurricane, lightning, or tornado) or other external causes. This limited warranty does not apply to any Third Party Hardware, any consumable parts, including batteries, or any software, even if resold or included with the ePaisa Hardware. All Third Party Hardware resold or included by ePaisa is provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its Product. For service, support, or warranty assistance, you should contact the manufacturer directly.

To the maximum extent permitted by applicable law, this limited warranty is provided in lieu of any other warranty, whether express or implied, written or oral, with respect to any ePaisa or third party product.

Accordingly, ePaisa expressly disclaims any warranty or condition of merchantability, non-infringement, fitness for a particular purpose, or against hidden or latent defects.

To the extent such warranties cannot be disclaimed, ePaisa limits the duration and remedies of such warranties to the duration and remedy of this limited warranty.

In no event will ePaisa be liable for any loss or damage or for incidental, consequential, special, or indirect damages however caused arising out of your use of or inability to use any ePaisa or third party products, including loss of revenue, loss of actual or anticipated profits, loss of goodwill, or loss of reputation.

Value Added Services Terms

 

Value Added Services Terms

Last updated: August 10, 2016 | Ver. 1.2

By using ePaisa, Inc. (“ePaisa,” “we,” “our,” or “us”) value added services (“VAS Services”), you agree to be bound by the General Terms of Service (“General Terms”), these additional terms and conditions (“VAS Terms”) and all other terms, policies and guidelines applicable to the Services (as defined in the General Terms) used. If you are using the VAS Services on behalf of a business, that business accepts these terms. VAS Services may only be used for business purposes in India and all its states / jurisdictions. Defined terms will have the same meaning as those found in the General Terms, unless otherwise re-defined herein.

Value Added Services

  • 1. Our Role

ePaisa is a facilitator that allows you to provide Recharge services, Utility Bill payment facilities, Money Transfer facility, Bus ticketing & Gift cards to your customers domestically. We may remove or add those billers that we accept at any time without prior notice.

In order to serve in this role, we must enter into agreements with service providers. The Networks require that any person that signs up for a ePaisa Account to use Value Added Services (a “Seller”) and providers more than Network specified, enter into an agreement directly with ePaisa. By accepting or otherwise agreeing to these VAS Terms, you agree to the terms and conditions of the applicable “Commercial Entity Agreement” effective as of the date you process such specified amounts. If you fail to agree to any “Commercial Entity Agreement”, we may suspend or terminate your ePaisa Account.

  • 2. Commissions

We will share or update your commission receivables through email or through any other medium of communication on a regular basis, which will be credited to your ePaisaaccount on a successful execution of the Recharge transactions or Money Transfer transaction or Bus Ticketing or Gift Voucher transaction. We reserve the right to change your commission receivable for all the services upon Seven (7) days’ advance notice. You must agree to the change in commission receivable to continue to use the Value Added Services.

  • 3. Our Fees

You agree to pay the applicable fees listed on our Fee Schedule (“Fees”) for use of the Value Added Services. All Fees are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from the Balance (as defined in Section 15) in your ePaisa Account. Subject to the General Terms and these VAS Terms, we reserve the right to change our Fees upon Seven (7) days’ advance notice. You must agree to the change in Fees to continue to use the Value Added Services. All Balances and all Fees, charges, and payments collected or paid through the Value Added Services are denominated in INR (Indian Rupees).

  • 4. Processing Errors

We will attempt to fix processing errors we discover. If the error resulted in your receipt of fewer funds than you were entitled, we will credit your ePaisa Account for the difference subject to the approvals from ePaisa management team. If the error results in your receipt of more funds than you were entitled, ePaisa will debit the extra funds from your ePaisaAccount or your linked bank account. We will only correct transactions that you process incorrectly if you notify us of such an error. Your failure to notify us of a processing error within seven (7) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.

Value Added Services Account Setup

  • 5. ePaisa Account Registration for Value Added Services

You must open a ePaisa Account to access any Proceeds. You confirm that you are either a legal resident of the India, an India citizen, or a business entity authorized to conduct business by the Indian state(s) in which you operate and that you are an authorized signatory for the business you represent. You must use your or your business’ true and accurate name when opening a ePaisa Account. This name will appear on the credit or debit card statements of your customers for all payments you accept using the VAS Services.

  • 6. Underwriting and Identity Verification & KYC

ePaisa will review the information you submit while signing up for the Value Added Services. You authorize ePaisa to request identity verifying information about you, including a consumer report that contains your name and address. ePaisa may periodically obtain additional reports to determine whether you continue to meet the requirements for a ePaisa Account. You permit ePaisa to share information about you and your application (including whether you are approved or declined), and your ePaisa Account with your bank or other financial institution, or as otherwise specified in the Privacy Policy. ePaisa or its processor and/or acquiring bank may conclude that you will not be permitted to use the Value Added Services.

  • 7. Requests for Additional Information and Inspection

ePaisa may request additional information from you at any time. For example, ePaisa may ask you to present invoices from your suppliers, a government issued identification such as a passport or driver’s license, a business license, or other information. ePaisa may also ask for permission to inspect your business location. If you refuse any of these requests, your ePaisa Account may be suspended or terminated.

Use of Your ePaisa Account for VAS Services

  • 8. Right of Setoff

To the extent permitted by applicable law, you grant us a security interest in, as well as a right of setoff against, and assign, convey, deliver, pledge and transfer to us, as security for repayment of any obligations due under these VAS Terms, all of your right, title, and interest in and to all of your accounts with us. You authorize us, without prior notice to you and irrespective of (i) whether we have made demand under these VAS Terms or any other related agreements; and (ii) whether the obligation is contingent, matured or un-matured, to the extent permitted by law, to collect, charge, and/or setoff all sums owing on the indebtedness against any and all such accounts and other obligations, and our option, to administratively freeze or direct any third party bank holding the account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights as provided for in this section.

  • 9. Credit Schedule

ePaisa will automatically initiate a Proceeds to your ePaisa Account for Value Added Services commission receivables on the immediate basis, based on the commission receivable list shared with you on the regular basis.

  • 10. Availability of Proceeds

We may defer payout or restrict access to your Proceeds if we need to conduct an investigation or resolve any pending dispute related to your use of the Services. We also may defer payout or restrict access to your Proceeds as necessary to comply with applicable law or court order, or if requested by any governmental entity.

  • 11. ePaisa Account History

When a Value Added Service is used through your ePaisa Account, we will update your ePaisa Account activity on the website and provide you a transaction confirmation. The confirmation will serve as your receipt. Summaries of your ePaisa Account activity, including monthly statements, are available on our website for up to one year of account activity. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your ePaisaAccount and your use of the VAS Services, and (b) reconciling all transactional information that is associated with your ePaisa Account. If you believe that there is an error or unauthorized transaction activity is associated with your ePaisa Account, you must contact us immediately.

  • 12. ePaisa Account Balances

While you have funds in your ePaisa Account (your “Balance”), your Balance will be co-mingled and held with other participants’ funds in one or more pooled accounts at one or more banks by us on your behalf and for the benefit of you and others holding balances (each a “Pooled Account”). We have sole discretion over the establishment and maintenance of any pooled account. We will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose. You will not receive interest or any other earnings on any funds that we handle for you. As consideration for using the Value Added Services, you irrevocably assign to us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to our holding of your Balance in a Pooled Account or Reserve.

  • 13. Our Set-off Rights

To the extent permitted by law, we may set off against the Balances for any obligation you owe us under any agreement with ePaisa (e.g., Chargebacks or refunds). If you owe us an amount that exceeds your Balance, we may charge or debit a payment instrument registered in your ePaisa Account or any connected ePaisa Account (as well as set off against any Balance in any connected ePaisa Account). Your failure to fully pay amounts that you owe us on demand will be a breach of these terms. You are liable for any of our costs associated with collection in addition to any amounts owed, including attorneys’ fees and expenses, collection agency fees, and any applicable interest.

  • 14. Dormant ePaisa Accounts

If you do not process payments through your ePaisa Account for an extended period of time or have not linked a valid bank account, you may have a Balance that is deemed “unclaimed” or “abandoned” under your state’s or Indian law. If this occurs, ePaisa will provide you with notice as required by applicable law and instructions for how to deposit your Balance. If funds still remain in your ePaisa Account, ePaisa will escheat such funds as required by applicable law or, as permitted, to ePaisa.

Termination of VAS Services

  • 15. Termination of Value Added Services

ePaisa may Terminate your use of the Value Added Services at any time for any reason. Any termination of these terms does not relieve you of obligations to pay Fees or costs accrued prior to the termination and any other amounts owed to us as provided in these VAS Terms or the Terms of Service. If your access to Value Added Services has been terminated, you may still be permitted to use ePaisa’s other products, subject to our discretion.

  • 16. Value Added Services Upon Closure of Your ePaisa Account

Closure of your ePaisa Account will cancel any pending transactions. Any funds that we are holding in custody for you at the time of closure, less any applicable Fees, will be paid out according to your payout schedule, subject to the other conditions in these VAS Terms. If an investigation is pending at the time you close your ePaisa Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds, we will release those funds to you.

 

Payment Terms

 

Payment Terms

Last updated: August 10, 2016 | Ver. 1.1

By using ePaisa, Inc. (“ePaisa,” “we,” “our,” or “us”) payment processing services (“Payment Services”), you agree to be bound by the General Terms of Service (“General Terms”), these additional terms and conditions (“Payment Terms”) and all other terms, policies and guidelines applicable to the Services (as defined in the General Terms) used. If you are using the Payment Services on behalf of a business, that business accepts these terms. Payment Services may only be used for business purposes in India and all its states / jurisdictions. Defined terms will have the same meaning as those found in the General Terms, unless otherwise re-defined herein.

Payment Services

  • 1. Our Role

ePaisa is a payment facilitator that allows you to accept Cards from customers for the payment for goods and services. We are not a bank and do not offer banking services as defined by the Reserve Bank of India. Our Payment Services allow you to accept payments from any Indian-issued and most non-India issued credit, debit, prepaid, or gift cards (“Cards”) bearing the trademarks of Rupay (“RuPay”), Diners Club (“Diners Club”), DFS Services, LLC (“Discover”), MasterCard International Inc. (“MasterCard”) and Visa Inc. (“Visa”) (collectively, the “Networks”). You are not required to accept any card brand as a condition of receiving the Payment Services. We may remove or add Cards that we accept at any time without prior notice.

In order to serve in this role, we must enter into agreements with Networks, processors and acquiring banks. The Networks require that any person that signs up for a ePaisa Account to use Payment Services (a “Seller”) and processes more than Network specified amounts of Cards sales enter into an agreement directly with ePaisa’s acquiring banks. By accepting or otherwise agreeing to these Payment Terms, you agree to the terms and conditions of the applicable Commercial Entity Agreement” effective as of the date you process such specified amounts. If you fail to agree to any “Commercial Entity Agreement”, we may suspend or terminate your ePaisa Account.

  • 2. Your Authorization

In connection with the Payment Services, you authorize us to act as your agent for the limited purposes of holding, receiving, and disbursing funds on your behalf. Your authorization permits us to generate a paper draft or an electronic funds transfer to settle the proceeds of each Card transaction that you authorize, less any applicable Fees (as defined in Section 4) (“Proceeds”).
Your authorizations will remain in full force and effect until your ePaisa Account is closed or terminated. Our receipt of transaction funds satisfies your customer’s obligations to make payment to you. We will remit to you funds actually received by us on your behalf, less amounts owed to us, subject to any Chargeback (as defined in Section 18) or Reserve (as defined in Section 14) withheld or applied. This authorization also permits us to debit any of your linked bank accounts at any time for the purposes specified in these Payment Terms and the General Terms. You also agree to be bound by any applicable rules of the Reserve Bank of India and any or all subsidiaries or associations related to the same.

  • 3. Prohibited Industries

You may not use the Payment Services for the following businesses or business activities: (1) any illegal activity or goods, (2) paraphernalia that may be used for illegal activity (3) credit counseling or credit repair agencies, (4) credit protection or identity theft protection services, (5) direct marketing or subscription offers or services, (6) infomercial sales, (7) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit, including re-importation of pharmaceuticals from foreign countries), (8) unauthorized multi-level marketing businesses, (9) inbound or outbound telemarketers, (10) prepaid phone cards or phone services, (11) rebate based businesses, (12) up-sell merchants, (13) Unless permitted by law in certain states of India betting, including lottery tickets, sports related gambling, casino gaming chips, off-track betting, and wagers at races, (14) sales of money-orders or foreign currency, (15) wire transfer money orders, (16) high-risk products and services, including telemarketing sales, (17) automated fuel dispensers, (18) adult entertainment oriented products or services (in any medium, including internet, telephone, or printed material), (19) sales of (i) firearms, firearm parts or hardware, and ammunition; or (ii) weapons and other devices designed to cause physical injury (20) internet/mail order/telephone order of age restricted products (e.g., tobacco, alcohol), (21) occult materials, (22) hate or harmful products, (23) escort services, or (24) bankruptcy attorneys or collection agencies engaged in the collection of debt

  •  4. Our Fees

You agree to pay the applicable fees listed on our Fee Schedule (“Fees”) for use of the Payment Services. All Fees are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from the Balance (as defined in Section 15) in your ePaisa Account. Subject to the General Terms and these Payment Terms, we reserve the right to change our Fees upon Seven (7) days’ advance notice. You must agree to the change in Fees to continue to use the Payment Services. All Balances and all Fees, charges, and payments collected or paid through the Payment Services are denominated in INR (Indian Rupees)

  • 5. Processing Errors​ 

We will attempt to fix processing errors we discover. If the error resulted in your receipt of fewer funds than you were entitled, we will credit your ePaisa Account for the difference. If the error results in your receipt of more funds than you were entitled, ePaisa will debit the extra funds from your ePaisa Account or your linked bank account. We will only correct transactions that you process incorrectly if you notify us of such an error. Your failure to notify us of a processing error within seven (7) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.

Payment Account Setup

  • 6. ePaisa Account Registration for Payment Services

You must open a ePaisa Account to access any Proceeds. You confirm that you are either a legal resident of the India, an India citizen, or a business entity authorized to conduct business by the Indian state(s) in which you operate and that you are an authorized signatory for the business you represent. You must use your or your business’ true and accurate name when opening a ePaisa Account. This name will appear on the credit or debit card statements of your customers for all payments you accept using the Payment Services.

  • 7. Underwriting and Identity Verification & KYC

ePaisa will review the information you submit while signing up for the Payment Services. You authorize ePaisa to request identity verifying information about you, including a consumer report that contains your name and address. ePaisa may periodically obtain additional reports to determine whether you continue to meet the requirements for a ePaisaAccount. You permit ePaisa to share information about you and your application (including whether you are approved or declined), and your ePaisa Account with your bank or other financial institution, or as otherwise specified in the Privacy Policy. ePaisa or its processor and/or acquiring bank may conclude that you will not be permitted to use the Payment Services.

  • 8. Requests for Additional Information and Inspection

ePaisa may request additional information from you at any time. For example, ePaisa may ask you to present invoices from your suppliers, a government issued identification such as a passport or driver’s license, a business license, or other information. ePaisa may also ask for permission to inspect your business location. If you refuse any of these requests, your ePaisa Account may be suspended or terminated.

Use of Your ePaisa Account for Payment Services

  • 9. Access to Proceeds

We will settle Proceeds to your verified bank account, subject to the payout schedule described in Section 11. If ePaisa is not able to debit or credit the bank account you link to your ePaisa Account, that bank account will be de-linked from your ePaisa Account.

  • 10. Right of Setoff

To the extent permitted by applicable law, you grant us a security interest in, as well as a right of setoff against, and assign, convey, deliver, pledge and transfer to us, as security for repayment of any obligations due under these Payment Terms, all of your right, title, and interest in and to all of your accounts with us. You authorize us, without prior notice to you and irrespective of (i) whether we have made demand under these Payment Terms or any other related agreements; and (ii) whether the obligation is contingent, matured or un-matured, to the extent permitted by law, to collect, charge, and/or setoff all sums owing on the indebtedness against any and all such accounts and other obligations, and our option, to administratively freeze or direct any third party bank holding the account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights as provided for in this section.

  • 11. Payout Schedule

ePaisa will automatically initiate a payout of Proceeds to your valid, linked Indian bank account at Transaction + 2 days (T+2) at the end of the business day before 5 p.m. IST. If you adjust your business’s close of day to a custom time, ePaisa will group Proceeds for the 24-hour period preceding your custom time and initiate a payout at the end of that business day. ePaisa will initiate a payout of Proceeds received on non-business days on the next business day.

  • 12. Availability of Proceeds

We may defer payout or restrict access to your Proceeds if we need to conduct an investigation or resolve any pending dispute related to your use of the Services. We also may defer payout or restrict access to your Proceeds as necessary to comply with applicable law or court order, or if requested by any governmental entity.

  • 13. ePaisa Account History

When a payment is made to your ePaisa Account, we will update your ePaisa Account activity on the website and provide you a transaction confirmation. The confirmation will serve as your receipt. Summaries of your ePaisa Account activity, including monthly statements, are available on our website for up to one year of account activity. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your ePaisa Account and your use of the Payment Services, and (b) reconciling all transactional information that is associated with your ePaisa Account. If you believe that there is an error or unauthorized transaction activity is associated with your ePaisa Account, you must contact us immediately.

  • 14. Reserve for Holding Funds

We may withhold funds by temporarily suspending or delaying payouts of Proceeds to you and/or designate an amount of funds that you must maintain in your ePaisa Accounts or in a separate reserve account (a “Reserve”) to secure the performance of your obligations under any agreement between you and ePaisa. We may require a Reserve for any reason related to your use of the Services. The Reserve will be in an amount as reasonably determined by us to cover potential losses to ePaisa. The Reserve may be raised, reduced or removed at any time by ePaisa, in its sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in ePaisa’s favor, or otherwise as ePaisa or its processor may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your ePaisa Accounts, including any funds (a) deposited by you, (b) due to you, or (c) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve or any bank account linked to any of your ePaisa Accounts, without prior notice to you, to collect amounts that you owe us. You will execute any additional documentation required for us to perfect our security interest in any funds in the Reserve. This security interest survives for as long as we hold funds in your Reserve.

  • 15. ePaisa Account Balances

While you have funds in your ePaisa Account (your “Balance”), your Balance will be co-mingled and held with other participants’ funds in one or more pooled accounts at one or more banks by us on your behalf and for the benefit of you and others holding balances (each a “Pooled Account”). We have sole discretion over the establishment and maintenance of any pooled account. We will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose. You will not receive interest or any other earnings on any funds that we handle for you. As consideration for using the Payment Services, you irrevocably assign to us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to our holding of your Balance in a Pooled Account or Reserve.

  • 16. Our Set-off Rights

To the extent permitted by law, we may set off against the Balances for any obligation you owe us under any agreement with ePaisa (e.g., Chargebacks or refunds). If you owe us an amount that exceeds your Balance, we may charge or debit a payment instrument registered in your ePaisa Account or any connected ePaisa Account (as well as set off against any Balance in any connected ePaisa Account). Your failure to fully pay amounts that you owe us on demand will be a breach of these terms. You are liable for any of our costs associated with collection in addition to any amounts owed, including attorneys’ fees and expenses, collection agency fees, and any applicable interest.

  • 17. Dormant ePaisa Accounts

If you do not process payments through your ePaisa Account for an extended period of time or have not linked a valid bank account, you may have a Balance that is deemed “unclaimed” or “abandoned” under your state’s or Indian law. If this occurs, ePaisa will provide you with notice as required by applicable law and instructions for how to deposit your Balance. If funds still remain in your ePaisa Account, ePaisa will escheat such funds as required by applicable law or, as permitted, to ePaisa.

Chargebacks

  • 18. Your Liability for Chargebacks

There may be times when your customer may not be the authorized user of the Card or your customer may otherwise contest the transaction. In these instances, the amount of a transaction may be reversed or charged back to your ePaisa Accounts (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a customer or its financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, (d) is allegedly unlawful, suspicious, or in violation of these terms. You agree to comply with the Chargeback process and to the liability associated with such Chargebacks.

  • 19. Our Collection Rights for Chargebacks

For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve. We may recoup the amount of any Chargeback and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by a Network or our processor from your ePaisa Accounts (including any Reserve), any proceeds due to you, or any bank account or other payment instrument linked to any of your ePaisa Accounts. If you have pending Chargebacks, we may delay payouts from your ePaisa Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you until such time that: (a) a Chargeback is assessed due to a customer complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which your customer may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you agree to pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys’ fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.

  • 20. Excessive Chargebacks

If we believe you might incur, or you are incurring, an excessive amount of Chargebacks, we may establish additional conditions governing your ePaisa Account, including (a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts, or (d) terminating or suspending the Payment Services.

  • 21. Contesting Chargebacks

You will assist us when requested, at your expense, to investigate any of your transactions processed through the Payment Services. To that end, you permit us to share information about a Chargeback with the customer, the customer’s financial institution, and your financial institution in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release corresponding reserved funds to your ePaisa Account. If a Chargeback dispute is not resolved in your favor by the Network or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in these terms. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within fifteen (15) days of our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.

Compliance with Network Rules and Laws

  • 22. Restricted Use

You will not act as a payment facilitator or otherwise resell the Payment Services to any third party. You will not use the Payment Services to handle, process or transmit funds for any third party. You also may not use the Payment Services to process cash advances.

  • 23. Unauthorized or Illegal Use

You will only accept Cards for transactions that are allowed by applicable law. We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of these terms or any other agreement with ePaisa, or that it exposes you, your customers, other ePaisa Sellers, our processors or ePaisa to harm. Harm includes fraud and other criminal acts. If we suspect that your ePaisa Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your ePaisa Account, and any of your transactions with law enforcement and, as deemed necessary by ePaisa, our payment processing and financial institution partners.

  • 24. Assignment of Receivables

With the exception of your participation in a merchant cash advance or other similar merchant financing programs, including ePaisa Capital / Credit Services, or as otherwise required by applicable law, you will not assign Card receivables or proceeds due to you under these terms to any third party.

  • 25. Applicable Network Rule

By using the Payment Services, you agree to comply with all applicable bylaws, rules, and regulations set forth by the Networks (“Network Rules”). The Networks amend their rules and regulations from time to time. ePaisa may be required to change these terms in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at https://visa.com, https://www.mastercard.com, and http://www.npci.org.in/RuPayBenefits.aspx. In the event of inconsistency between a Network Rule and these Payment Terms, and except as otherwise agreed between ePaisa and the Network, the Network Rule shall apply.

  • 26. Taxes

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the Payment Services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. ePaisa specifically disclaims any liability for Taxes. If in a given calendar year you process (i) more than Rs.100,000 in gross amount of payments, ePaisa will be required by law to report information about you and your use of the Payment Services to the Internal Revenue Service (“IRS”). For purposes of determining whether you have met the Income Tax reporting threshold, the gross amount does not include any adjustments for credits, cash equivalents, discount amounts, fees, refunded amounts or any other amounts. When you reach Rs.100,000 in payments it will be determined by looking at the PAN associated with your ePaisa Account, including the applicable TIN and Adhaar number.

  • 27. Network Logos and Marks

Your use of Network logos and marks (“Marks”) is governed by the Network Rules; you must familiarize yourself with and comply with these requirements. The Networks are the sole and exclusive owners of their respective Marks. You will not contest the ownership of the Marks, and any Network may prohibit you from using its Marks for any reason and at any time. ePaisa may require you to make modifications to your Website or other advertising and signage in order to comply with Network Rules related to the Marks.

  • 28. PCI Compliance

If you store, process or transmit cardholder data, you will comply with the applicable Payment Card Industry Data Security Standards (PCI-DSS), as well as any requirements under the Network Rules. You will cooperate in forensic investigations as required by ePaisa or its partners. For additional information, including tools to help you assess your compliance, see http://www.visa.com/cisp and https://www.mastercard.com/sdp.

  • 29. Failure to Comply with Network Rules or Security Standards

Notwithstanding Section 34 of these terms or Section 15 of the General Terms, you understand that your failure to comply with the Network Rules or the PCI-DSS security standards, including the compromise of any Card information, may result in fines or other losses to ePaisa. You will indemnify us and reimburse us immediately for any fines or losses directly or indirectly caused by your and your agents’ actions.

Your Additional Obligations

  • 30. Receipts

You will request that your customer personally uses the EMV PIN or sign for all transactions with your customer is present. You must make a written receipt available to your customers for any transaction. You may give your customers the option to receive or decline a written receipt.

  • 31. Customer Service

You are solely responsible for all customer service policies and issues relating to your goods or services, including pricing, order fulfillment, cancellations or no shows by you or a customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for customer service issues relating to any ePaisa Account, payment, Card processing, debiting or crediting.

  • 32. Refunds and Returns

By accepting Card transactions through the Payment Services, you agree to process returns of, and provide refunds and adjustments for, your goods or services through your ePaisaAccount in accordance with these Payment Terms and Network Rules. Network Rules require that you disclose your return or cancellation policy to customers at the time of purchase. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for postage that the customer paid to return merchandise. If your refund policy prohibits returns or is unsatisfactory to the customer, you may still receive a Chargeback relating to such sales. You can process a refund through your ePaisa Account up to sixty (60) days from the day you accepted the payment. If you use ePaisa Online Store, you may not be able to process a partial refund. If your available ePaisa Balance is insufficient to cover the refund, ePaisa will withdraw up to the requested refund amount (the sale amount minus the initial transaction fee) from a payment instrument registered with your ePaisa Account or any connected ePaisa Account and credit it back into your customer’s Card. The Fees are also refunded by ePaisa, so the full purchase amount is always returned to your customer. ePaisa has no obligation to accept any returns of any of your goods or services on your behalf.

  • 33. Additional Indemnity

In addition to Section 15 of the General Terms, you will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to any transaction submitted by you through the Payment Services (including the accuracy of any content or product, service, or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you).

  • 34. Additional Representations, Warranties, and Covenants

In addition to Section 16 of the General Terms, with each Card transaction you process through the Payment Services, you represent, warrant and covenant to us that: (a) the Card transaction represents a bona fide sale; (b) the Card transaction accurately describes the goods and/or services provided to the customer; (c) you will fulfill all of your obligations to the customer and will resolve any dispute or complaint directly with the customer; (d) you and the Card transaction comply with all federal, state, and local laws, rules, and regulations applicable to you and your business, including any applicable tax, wage and hour, and tip laws and regulations; (e) except in the ordinary course of business, you are not submitting a transaction that represents a sale to any principal, partner, proprietor, or owner of your entity; and (f) you are not submitting a transaction involving your own Cards (except for reasonable test swipes).

Termination of Payment Servicess

  • 35. Termination of Payment Services

ePaisa may Terminate your use of the Payment Services at any time for any reason. Any termination of these terms does not relieve you of obligations to pay Fees or costs accrued prior to the termination, Chargebacks, and any other amounts owed to us as provided in these Payment Terms or the Terms of Service. If your access to Payment Services has been terminated, you may still be permitted to use ePaisa’s other products, subject to our discretion.

  • 36. Payment Services Upon Closure of Your EPaisa Account

Closure of your ePaisa Account will cancel any pending transactions. Any funds that we are holding in custody for you at the time of closure, less any applicable Fees, will be paid out according to your payout schedule, subject to the other conditions in these Payment Terms. If an investigation is pending at the time you close your ePaisa Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds, we will release those funds to you.

  • 37. Survival

The following sections will survive termination of these Payment Terms, in addition to those that survive under Section 12 of the General Terms: 5 (Processing Errors), 7 (Underwriting and Identity Verification), 9 (Access to Proceeds), 10 (Right of Setoff), 11 (Payout Schedule), 12 (Availability of Proceeds), 13 (EPaisa Account History), 14 (Reserve for Holding Funds), 15 (EPaisa Account Balances), 16 (Our Set-off Rights), 17 (Dormant EPaisa Accounts), 18 (Your Liability for Chargebacks), 19 (Our Collection Rights for Chargebacks), 20 (Excessive Chargebacks), 21 (Contesting Chargebacks), 26 (Taxes), and 32 (Customer Service).

 

Online Payment Gateway Terms

 

Online Payment Gateway Terms

Last updated: August 10, 2016 | Ver. 10.7

By using ePaisa, Inc. (“ePaisa,” “we,” “our,” or “us”) online payment processing services (“Online Payment Services”), you agree to be bound by the General Terms of Service(“General Terms”), these additional terms and conditions (“Online Payment Terms”) and all other terms, policies and guidelines applicable to the Services (as defined in the General Terms) used. If you are using the Online Payment Services on behalf of a business, that business accepts these terms. Online Payment Services may only be used for business purposes in India and all its states / jurisdictions. Defined terms will have the same meaning as those found in the General Terms, unless otherwise re-defined herein.

Online Payment Services
 

1. Our Role

ePaisa is a payment facilitator that allows you to accept Online Payments from customers for the goods and services. We are not a bank and do not offer banking services as defined by the Reserve Bank of India. Our Online Payment Services allow you to accept payments from any Indian-issued and most non-India issued credit cards, debit cards & Net Banking (“Online Payments”) bearing the trademarks of Rupay (“RuPay”), Diners Club (“Diners Club”), DFS Services, LLC (“Discover”), MasterCard International Inc. (“MasterCard”) and Visa Inc. (“Visa”) (collectively, the “Networks”). You are not required to accept any card brand as a condition of receiving the Online Payment Services. We may remove or add Online Payments that we accept at any time without prior notice.

In order to serve in this role, we must enter into agreements with Networks, processors and acquiring banks. The Networks require that any person that signs up for a ePaisa Account to use Online Payment Services (a “Seller”) and processes more than Network specified amounts of Online Payments sales enter into an agreement directly with ePaisa’s payment processor. By accepting or otherwise agreeing to these Online Payment Terms, you agree to the terms and conditions of the applicable “Commercial Entity Agreement” effective as of the date you process such specified amounts. If you fail to agree to any “Commercial Entity Agreement”, we may suspend or terminate your ePaisa Account.

2. Your Authorization

Your authorizations will remain in full force and effect until your ePaisa Account is closed or terminated. Our receipt of transaction funds satisfies your customer’s obligations to make payment to you. We will remit to you funds actually received by us on your behalf, less amounts owed to us, subject to any Chargeback (as defined in Section 18) or Reserve (as defined in Section 14) withheld or applied. This authorization also permits us to debit any of your linked bank accounts at any time for the purposes specified in these Online Payment Terms and the General Terms. You also agree to be bound by any applicable rules of the Reserve Bank of India and any or all subsidiaries or associations related to the same.

3. Prohibited Industries

You may not use the Payment Services for the following businesses or business activities: (1) any illegal activity or goods, (2) paraphernalia that may be used for illegal activity (3) credit counseling or credit repair agencies, (4) credit protection or identity theft protection services, (5) direct marketing or subscription offers or services, (6) infomercial sales, (7) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit, including re-importation of pharmaceuticals from foreign countries), (8) unauthorized multi-level marketing businesses, (9) inbound or outbound telemarketers, (10) prepaid phone cards or phone services, (11) rebate based businesses, (12) up-sell merchants, (13) Unless permitted by law in certain states of India betting, including lottery tickets, sports related gambling, casino gaming chips, off-track betting, and wagers at races, (14) sales of money-orders or foreign currency, (15) wire transfer money orders, (16) high-risk products and services, including telemarketing sales, (17) automated fuel dispensers, (18) adult entertainment oriented products or services (in any medium, including internet, telephone, or printed material), (19) sales of (i) firearms, firearm parts or hardware, and ammunition; or (ii) weapons and other devices designed to cause physical injury (20) internet/mail order/telephone order of age restricted products (e.g., tobacco, alcohol), (21) occult materials, (22) hate or harmful products, (23) escort services, or (24) bankruptcy attorneys or collection agencies engaged in the collection of debt.

4. Our Fees

You agree to pay the applicable fees listed on our Fee Schedule(“Fees”) for use of the Online Payment Services. All Fees are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from the Balance (as defined in Section 15) in your ePaisa Account. Subject to the General Terms and these Online Payment Terms, we reserve the right to change our Fees upon Seven (7) days’ advance notice. You must agree to the change in Fees to continue to use the Online Payment Services. All Balances and all Fees, charges, and payments collected or paid through the Online Payment Services are denominated in INR (Indian Rupees)

5. Processing Errors

We will attempt to fix processing errors we discover. If the error resulted in your receipt of fewer funds than you were entitled, we will credit your ePaisa Account for the difference. If the error results in your receipt of more funds than you were entitled, ePaisa will debit the extra funds from your ePaisa Account or your linked bank account. We will only correct transactions that you process incorrectly if you notify us of such an error. Your failure to notify us of a processing error within seven (7) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.

Payment Account Setup
6. ePaisa Account Registration for Payment Services

You must open a ePaisa Account to access any Proceeds. You confirm that you are either a legal resident of the India, an India citizen, or a business entity authorized to conduct business by the Indian state(s) in which you operate and that you are an authorized signatory for the business you represent. You must use your or your business’ true and accurate name when opening a ePaisa Account. This name will appear on the credit or debit card statements of your customers for all payments you accept using the Online Payment Services.

7. Underwriting and Identity Verification & KYC

ePaisa will review the information you submit while signing up for the Online Payment Services. You authorize ePaisa to request identity verifying information about you, including a consumer report that contains your name and address. ePaisa may periodically obtain additional reports to determine whether you continue to meet the requirements for a ePaisa Account. You permit ePaisa to share information about you and your application (including whether you are approved or declined), and your ePaisa Account with your bank or other financial institution, or as otherwise specified in the Privacy Policy. ePaisa or its processor and/or acquiring bank may conclude that you will not be permitted to use the Online Payment Services.

8. Requests for Additional Information and Inspection

ePaisa may request additional information from you at any time. For example, ePaisa may ask you to present invoices from your suppliers, a government issued identification such as a passport or driver’s license, a business license, or other information. ePaisa may also ask for permission to inspect your business location. If you refuse any of these requests, your ePaisa Account may be suspended or terminated.

Use of Your ePaisa Account for Payment Services
9. Access to Proceeds

We will settle Proceeds to your verified bank account, subject to the payout schedule described in Section 11. If ePaisa is not able to debit or credit the bank account you link to your ePaisa Account, that bank account will be de-linked from your ePaisa Account.

10. Right of Setoff

To the extent permitted by applicable law, you grant us a security interest in, as well as a right of setoff against, and assign, convey, deliver, pledge and transfer to us, as security for repayment of any obligations due under these Online Payment Terms, all of your right, title, and interest in and to all of your accounts with us. You authorize us, without prior notice to you and irrespective of (i) whether we have made demand under these Online Payment Terms or any other related agreements; and (ii) whether the obligation is contingent, matured or un-matured, to the extent permitted by law, to collect, charge, and/or setoff all sums owing on the indebtedness against any and all such accounts and other obligations, and our option, to administratively freeze or direct any third party bank holding the account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights as provided for in this section.

11. Payout Schedule

ePaisa will automatically initiate a payout of Proceeds to your valid, linked Indian bank account at Transaction + 2 days (T+2) at the end of the business day before 5 p.m. IST. If you adjust your business’s close of day to a custom time, ePaisa will group Proceeds for the 24-hour period preceding your custom time and initiate a payout at the end of that business day. ePaisa will initiate a payout of Proceeds received on non-business days on the next business day.

12. Availability of Proceeds

We may defer payout or restrict access to your Proceeds if we need to conduct an investigation or resolve any pending dispute related to your use of the Services. We also may defer payout or restrict access to your Proceeds as necessary to comply with applicable law or court order, or if requested by any governmental entity.

13. ePaisa Account History

When a payment is made to your ePaisa Account, we will update your ePaisa Account activity on the website and provide you a transaction confirmation. The confirmation will serve as your receipt. Summaries of your ePaisa Account activity, including monthly statements, are available on our website for up to one year of account activity. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your ePaisa Account and your use of the Online Payment Services, and (b) reconciling all transactional information that is associated with your ePaisa Account. If you believe that there is an error or unauthorized transaction activity is associated with your ePaisa Account, you must contact us immediately.

14. Reserve for Holding Funds

We may withhold funds by temporarily suspending or delaying payouts of Proceeds to you and/or designate an amount of funds that you must maintain in your ePaisa Accounts or in a separate reserve account (a “Reserve”) to secure the performance of your obligations under any agreement between you and ePaisa. We may require a Reserve for any reason related to your use of the Services. The Reserve will be in an amount as reasonably determined by us to cover potential losses to ePaisa.

The Reserve may be raised, reduced or removed at any time by ePaisa, in its sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in ePaisa’s favor, or otherwise as ePaisa or its processor may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your ePaisa Accounts, including any funds (a) deposited by you, (b) due to you, or (c) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve or any bank account linked to any of your ePaisa Accounts, without prior notice to you, to collect amounts that you owe us. You will execute any additional documentation required for us to perfect our security interest in any funds in the Reserve. This security interest survives for as long as we hold funds in your Reserve.

15. ePaisa Account Balances

While you have funds in your ePaisa Account (your “Balance”), your Balance will be co-mingled and held with other participants’ funds in one or more pooled accounts at one or more banks by us on your behalf and for the benefit of you and others holding balances (each a “Pooled Account”). We have sole discretion over the establishment and maintenance of any pooled account. We will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose. You will not receive interest or any other earnings on any funds that we handle for you. As consideration for using the Online Payment Services, you irrevocably assign to us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to our holding of your Balance in a Pooled Account or Reserve.

16. Our Set-off Rights

To the extent permitted by law, we may set off against the Balances for any obligation you owe us under any agreement with ePaisa (e.g., Chargebacks or refunds). If you owe us an amount that exceeds your Balance, we may charge or debit a payment instrument registered in your ePaisa Account or any connected ePaisa Account (as well as set off against any Balance in any connected ePaisa Account). Your failure to fully pay amounts that you owe us on demand will be a breach of these terms. You are liable for any of our costs associated with collection in addition to any amounts owed, including attorneys’ fees and expenses, collection agency fees, and any applicable interest.

17. Dormant ePaisa Accounts

If you do not process payments through your ePaisa Account for an extended period of time or have not linked a valid bank account, you may have a Balance that is deemed “unclaimed” or “abandoned” under your state’s or Indian law. If this occurs, ePaisa will provide you with notice as required by applicable law and instructions for how to deposit your Balance. If funds still remain in your ePaisa Account, ePaisa will escheat such funds as required by applicable law or, as permitted, to ePaisa.

Chargebacks
18. Your Liability for Chargebacks

There may be times when your customer may not be the authorized user of the Online Payments or your customer may otherwise contest the transaction. In these instances, the amount of a transaction may be reversed or charged back to your ePaisa Accounts (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a customer or its financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, (d) is allegedly unlawful, suspicious, or in violation of these terms. You agree to comply with the Chargeback process and to the liability associated with such Chargebacks.

19. Our Collection Rights for Chargebacks

For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve. We may recoup the amount of any Chargeback and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by a Network or our processor from your ePaisa Accounts (including any Reserve), any proceeds due to you, or any bank account or other payment instrument linked to any of your ePaisa Accounts. If you have pending Chargebacks, we may delay payouts from your ePaisa Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you until such time that: (a) a Chargeback is assessed due to a customer complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which your customer may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you agree to pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys’ fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.

20. Excessive Chargebacks

If we believe you might incur, or you are incurring, an excessive amount of Chargebacks, we may establish additional conditions governing your ePaisa Account, including (a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts, or (d) terminating or suspending the Online Payment Services.

21. Contesting Chargebacks

You will assist us when requested, at your expense, to investigate any of your transactions processed through the Online Payment Services. To that end, you permit us to share information about a Chargeback with the customer, the customer’s financial institution, and your financial institution in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release corresponding reserved funds to your ePaisa Account. If a Chargeback dispute is not resolved in your favor by the Network or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in these terms. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within fifteen (15) days of our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.

Compliance with Network Rules and Laws
22. Restricted Use

You will not act as a payment facilitator or otherwise resell the Online Payment Services to any third party. You will not use the Online Payment Services to handle, process or transmit funds for any third party. You also may not use the Online Payment Services to process cash advances.

23. Unauthorized or Illegal Use

You will only accept Online Payments for transactions that are allowed by applicable law. We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of these terms or any other agreement with ePaisa, or that it exposes you, your customers, other ePaisa Sellers, our processors or ePaisa to harm. Harm includes fraud and other criminal acts. If we suspect that your ePaisa Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your ePaisa Account, and any of your transactions with law enforcement and, as deemed necessary by ePaisa, our payment processing and financial institution partners.

24. Assignment of Receivables

With the exception of your participation in a merchant cash advance or other similar merchant financing programs, including ePaisa Capital / Credit Services, or as otherwise required by applicable law, you will not assign Online Payment receivables or proceeds due to you under these terms to any third party.

25. Applicable Network Rules

By using the Online Payment Services, you agree to comply with all applicable bylaws, rules, and regulations set forth by the Networks (“Network Rules”). The Networks amend their rules and regulations from time to time. ePaisa may be required to change these terms in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at https://visa.comhttps://www.mastercard.com, and http://www.npci.org.in/RuPayBenefits.aspx. In the event of inconsistency between a Network Rule and these Payment Terms, and except as otherwise agreed between ePaisa and the Network, the Network Rule shall apply.

26. Taxes

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the Payment Services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. ePaisa specifically disclaims any liability for Taxes. If in a given calendar year you process (i) more than Rs.100,000 in gross amount of payments, ePaisa will be required by law to report information about you and your use of the Payment Services to the Internal Revenue Service (“IRS”). For purposes of determining whether you have met the Income Tax reporting threshold, the gross amount does not include any adjustments for credits, cash equivalents, discount amounts, fees, refunded amounts or any other amounts. When you reach Rs.100,000 in payments it will be determined by looking at the PAN associated with your ePaisa Account, including the applicable TIN and Adhaar number.

27. Network Logos and Marks

Your use of Network logos and marks (“Marks”) is governed by the Network Rules; you must familiarize yourself with and comply with these requirements. The Networks are the sole and exclusive owners of their respective Marks. You will not contest the ownership of the Marks, and any Network may prohibit you from using its Marks for any reason and at any time. ePaisa may require you to make modifications to your Website or other advertising and signage in order to comply with Network Rules related to the Marks

28. PCI Compliance

If you store, process or transmit cardholder data, you will comply with the applicable Payment Card Industry Data Security Standards (PCI-DSS), as well as any requirements under the Network Rules. You will cooperate in forensic investigations as required by ePaisa or its partners. For additional information, including tools to help you assess your compliance, see http://www.visa.com/cisp and https://www.mastercard.com/sdp.

29. Failure to Comply with Network Rules or Security Standards

Notwithstanding Section 34 of these terms or Section 15 of the General Terms, you understand that your failure to comply with the Network Rules or the PCI-DSS security standards, including the compromise of any Online Payment information, may result in fines or other losses to ePaisa. You will indemnify us and reimburse us immediately for any fines or losses directly or indirectly caused by your and your agents’ actions.

Your Additional Obligations
30. Receipts

You must make a written receipt available to your customers for any transaction.

31. Customer Service

You are solely responsible for all customer service policies and issues relating to your goods or services, including pricing, order fulfillment, cancellations or no shows by you or a customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for customer service issues relating to any ePaisa Account, payment, Online Payment processing, debiting or crediting.

32. Refunds and Returns

By accepting Online Payment transactions through the Online Payment Services, you agree to process returns of, and provide refunds and adjustments for, your goods or services through your ePaisa Account in accordance with these Payment Terms and Network Rules. Network Rules require that you disclose your return or cancellation policy to customers at the time of purchase. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for postage that the customer paid to return merchandise. If your refund policy prohibits returns or is unsatisfactory to the customer, you may still receive a Chargeback relating to such sales. You can process a refund through your ePaisa Account up to sixty (60) days from the day you accepted the payment. If you use ePaisa Online Store, you may not be able to process a partial refund. If your available ePaisa Balance is insufficient to cover the refund, ePaisa will withdraw up to the requested refund amount (the sale amount minus the initial transaction fee) from a payment instrument registered with your ePaisa Account or any connected ePaisa Account and credit it back into your customer’s Card. The Fees are also refunded by ePaisa, so the full purchase amount is always returned to your customer. ePaisa has no obligation to accept any returns of any of your goods or services on your behalf.

33. Additional Indemnity

In addition to Section 15 of the General Terms, you will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to any transaction submitted by you through the Payment Services (including the accuracy of any content or product, service, or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you).

34. Additional Representations, Warranties, and Covenants

In addition to Section 16 of the General Terms, with each Online Payment transaction you process through the Online Payment Services, you represent, warrant and covenant to us that: (a) the Online Payment transaction represents a bona fide sale; (b) the Online Payment transaction accurately describes the goods and/or services provided to the customer; (c) you will fulfill all of your obligations to the customer and will resolve any dispute or complaint directly with the customer; (d) you and the Online Payment transaction comply with all federal, state, and local laws, rules, and regulations applicable to you and your business, including any applicable tax, wage and hour, and tip laws and regulations; (e) except in the ordinary course of business, you are not submitting a transaction that represents a sale to any principal, partner, proprietor, or owner of your entity; and (f) you are not submitting a transaction involving your own Online Payment (except for reasonable test swipes).

Termination of Online Payment Services
35. Termination of Online Payment Services

ePaisa may Terminate your use of the Online Payment Services at any time for any reason. Any termination of these terms does not relieve you of obligations to pay Fees or costs accrued prior to the termination, Chargebacks, and any other amounts owed to us as provided in these Online Payment Terms or the Terms of Service. If your access to Online Payment Services has been terminated, you may still be permitted to use ePaisa’s other products, subject to our discretion.

36. Online Payment Services Upon Closure of Your EPaisa Account

Closure of your ePaisa Account will cancel any pending transactions. Any funds that we are holding in custody for you at the time of closure, less any applicable Fees, will be paid out according to your payout schedule, subject to the other conditions in these Online Payment Terms. If an investigation is pending at the time you close your ePaisa Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds, we will release those funds to you.

37. Survival

The following sections will survive termination of these Payment Terms, in addition to those that survive under Section 12 of the General Terms: 5 (Processing Errors), 7 (Underwriting and Identity Verification), 9 (Access to Proceeds), 10 (Right of Setoff), 11 (Payout Schedule), 12 (Availability of Proceeds), 13 (ePaisa Account History), 14 (Reserve for Holding Funds), 15 (ePaisa Account Balances), 16 (Our Set-off Rights), 17 (Dormant ePaisa Accounts), 18 (Your Liability for Chargebacks), 19 (Our Collection Rights for Chargebacks), 20 (Excessive Chargebacks), 21 (Contesting Chargebacks), 26 (Taxes), and 32 (Customer Service).

 

E-sign Consent

 

ePaisa E-Sign Consent

Last updated: August 10, 2016 | Ver. 1.1

ePaisa, Services (P) Limited and its affiliates and third party service providers (“ePaisa”) may need to provide you with certain communications, notices, agreements, billing statements, or disclosures in writing (“Communications”) regarding our products or services (“Services”). Your agreement to this E-sign Consent confirms your ability and consent to receive Communications electronically, rather than in paper form, and to the use of electronic signatures in our relationship with you (“Consent”). If you choose not to agree to this Consent or you withdraw your consent, you may be restricted from using the Services.

1. Electronic Delivery of Communications and Use of Electronic Signatures

Under this Consent, ePaisa may provide all Communications electronically by email, by text message, or by making them accessible via ePaisa websites or applications. Communications include, but are not limited to, (1) agreements and policies required to use the Services (e.g. this Consent, the ePaisa Privacy Policy, the ePaisa Seller Agreement, the ePaisa Commercial Entity Agreement, and the ePaisa Cash Agreement), (2) payment authorizations and transaction receipts or confirmations, (3) account statements and history, (4) and all federal and state tax statements and documents. We may also use electronic signatures and obtain them from you.

2.System Requirements

To access and retain the electronic Communications, you will need the following:

  • A computer or mobile device with Internet or mobile connectivity

  • For website-based Communications, a current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above (see www.microsoft.com/ie for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), or Chrome current version (see www.google.com/chrome for current version). The browser must have cookies enabled.

  • For application-based Communications, a mobile phone operating system that supports text messaging, downloads, and applications from the Apple App Store or Google Play store

  • Access to the email address used to create an account for ePaisa Services.

  • Sufficient storage space to save Communications and/or a printer to print them.

  • If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add no-reply@ePaisa.com to your email address book.

3. Paper Delivery of Communications

You have the right to receive Communications in paper form. To request a paper copy of any Communication at no charge, please write to ePaisa, Services (P) Limited, C 25, Vasant Vihar, IInd Floor, Local Shopping Center C Block, New Delhi, 110057, India Attn: Customer Support – Legal (“ePaisa Address”) within 90 days of the date of the Disclosure, specifying in detail the Communication you would like to receive.

4. Withdrawal of Consent to Electronic Communications

You may withdraw your consent to receive electronic Communications at any time, by writing to the ePaisa Address. However, withdrawal of your consent to receive electronic Communications may result in termination of your access to Services. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request.
5. Updating Your Email Address

You can change your email address by writing to the ePaisa Address. You may also be able to change your email address yourself through the Services.

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