Terms and Conditions

Introduction

Payabbhi is not a banking institution: payabbhi processes payments on behalf of users through their own online banking institutions, Credit/Debit cards, net banking, UPI and wallets (the “payabbhi payment facilitation service”).payabbhi is not a bank or other chartered depository institution.

By using the payabbhi payment facilitation service (as hereinafter defined), accessing the sites or services, you (i) signify your irrevocable acceptance of these general tcs and (ii) represent that you are of legal age to agree to these terms and conditions.

These Terms and Conditions apply to all visitors or users of the sites, including users of the Payabbhi Payment Facilitation Service (as hereinafter defined). By authorizing payment for any merchandise, goods, or services from our member merchants (as hereinafter defined) utilizing the payabbhi payment facilitation service you agree to be bound by this agreement, any rules of the sites, including, but not limited to the privacy policy of the sites and/or the payabbhi payment facilitation service (as hereinafter defined), the terms & conditions of any member merchant (as hereinafter defined) and your participating financial institution. the said acceptance shall be in full force and effect for as long as you utilize the sites and/or the payabbhi payment facilitation service.

Each service, or feature of a service, may have its own specific rules. by participating in/or using a service on the sites, you agree to any rules of that service, in addition to these Terms and Conditions and the Payabbhi Privacy Policy.

The sale and delivery of any products, merchandise, or services purchased from any third party using payabbhi’s payment system shall be governed by the terms and conditions of the respective third party.

Our business changes constantly, as do our Privacy Policy and any rules and regulations posted on the Site, including these TCs. We may or may not e-mail or in other ways provide you with periodic reminders of changes to our policies, but it is your obligation to check the Site frequently to see if there are any recent changes to any of our policies or these TCs. Payabbhi reserves the right to revise these TCs at any time without providing notice to its users. Your continued use of the Site and/or the Payabbhi Payment Facilitation Service shall be deemed an irrevocable acceptance of any such revisions.

1. Description of the Site

payabbhi.com website (the “Site”) is our corporate informational site. The site contains important information regarding our services for merchants and financial institutions, including, but not limited to the Payabbhi Payment Facilitation Service. The site also allows users of the Payabbhi Payment Facilitation Service to make customer service inquires and initiate claims.

2. Description of Payabbhi Payment Facilitation Service

Payabbhi provides payment facilitation services to its users which is a next generation payments platform that empowers businesses to accept and manage online payments in a simple and secure manner across all digital channels. This payment facilitation service aggregates payments from all forms of online cashless payment methods such as credit/debit cards, net banking, UPI and wallets (the “Payabbhi Payment Facilitation Service”). The platform alleviates the merchant from the hassles of PCI DSS compliance, complex integrations with multiple payment service providers/card associations/banks and clearing and settlement activities. The business owner will have access to full transparency on the payment activities while not worrying about any aspect of payment processing which is seamlessly taken care by Payabbhi on the behalf of the business. Purchases can only be made from merchants authorized to process transaction by Payabbhi  (hereinafter referred to as “Member Merchants”). Payabbhi’s facilitation services supports any cards with a Visa, MasterCard, Rupay, Visa Electron, American Express or Maestro logo (collectively “the Card Networks”) including credit, debit or pre-paid cards. Payabbhi will only process card transactions that have been authorized by the applicable Card Network or card issuer. Payabbhi also supports net banking, UPI and mobile wallet electronic payment methods and for this purpose, Payabbhi has entered into agreements with various banks and financial institutions (hereinafter Payment Service Providers) who will in turn provide Online Payment Services through Payabbhi to its users. The rules set out by the Card Network and Payment Service Providers as applicable to Payabbhi is extended to its users and the users shall avail the services of Payabbhi subject to such terms and conditions. Merchant is solely responsible for verifying identity of Merchant’s users and determining their eligibility to purchase Merchant’s products and services. Payabbhi does not guarantee or assume any liability for transactions authorized and completed which may later be reversed or charged back (see Chargeback below). Merchant are solely responsible for all reversed or chargeback transactions, regardless of the reason for, or timing of, the reversal or chargeback. Payabbhi may add or remove one or more types of cards as supported payment card any time. If we do so we will use reasonable efforts to give Merchant prior notice of the removal.

3. Eligibility

You affirm that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TCs, and to abide by and comply with these TCs. By using the Site and/or the Payabbhi Payment Facilitation Service you represent and warrant the following:

4. Use of Payabbhi Payment Facilitation Service

Payabbhi reserves the right to suspend, change and discontinue the Payabbhi Payment Facilitation Service at any time, without notice or liability. Payabbhi does not warrant that the functions contained in the Payabbhi Payment Facilitation Service will be uninterrupted or error-free, and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of a purchase).

5. Permissible Transaction

You may only use the Payabbhi Payment Facilitation Service to process a payment through any Member Merchant site for a bona fide sale of a product or service (except as otherwise provided in section 2(a) above). You may not use the Payabbhi Payment Facilitation Service to process any payments in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction. You agree that you will not use the Payabbhi Payment Facilitation Service to process any payments for products that violate this Agreement including the following:

6. Termination

Payabbhi may, in its sole and absolute discretion without liability to you or any third party, terminate your use of the Payabbhi Payment Facilitation Service for any reason, including without limitation inactivity or violation of this Agreement, the terms and conditions of any Member Merchant, or other policies we may establish from time to time, including our privacy policy.

7. Communications

Payabbhi may communicate with you using any media, including phone or emails, you provide during your customer service request. By submitting a service, communication, newsletter or informational request to the Site, you agree to receive free content and promotional offers from us as well as any of our associated merchants, banks, payment providers or partners.

8. Payabbhi is Not a Banking Institution

Payabbhi processes payments on behalf of end user using their own credit cards, debit cards, online banking service, mobile wallet or any other cashless electronic payment method. Payabbhi is not a bank or other chartered depository institution. Any funds held by Payabbhi in connection with the processing of any payments using the Payabbhi Payment Facilitation Service are not deposit obligations of the user.

9. User Responsibility for Taxes

The reporting and payment of any applicable taxes arising from the use of the Payabbhi Payment Facilitation Service is your responsibility. You hereby acknowledge and agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with any purchases.

10. No Endorsement of Products

Payabbhi does not represent or endorse, and shall not be responsible for:

  1. The safety, quality, accuracy, reliability, integrity or legality of any product, the truth or accuracy of the description of products, or any advice, opinion, offer, proposal, statement, data, or other information  (collectively, “Merchant Content”) displayed or distributed, purchased or paid through the Sites, any Member Merchant site, or through use of the Payabbhi Payment Facilitation Service; or

  2. The ability of users to buy products or merchants to deliver products. Payabbhi hereby disclaims any liability or responsibility for errors or omissions in any Merchant Content.

11. Use of the Sites/License Grant

As a user of the site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the site (and its associated content) in accordance with this Agreement. Payabbhi retains the right to terminate this license, in its sole and absolute discretion, at any time for any reason whatsoever. Payabbhi reserves any rights not explicitly granted in this Agreement. No part of the site and/or Payabbhi Payment Facilitation Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Sites, the Payabbhi Payment Facilitation Service or any portion thereof. Payabbhi reserves the right not explicitly granted in this Agreement. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Sites and/or Payabbhi Payment Facilitation Service. You may not take any action that imposes an unreasonable or disproportionately large load on the site’s infrastructure.

12. Proprietary Rights of Content

The content on the Sites, including without limitation, the test, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Paypermint Private Limited, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the site is strictly prohibited. You do not acquire ownership rights to any Content, Marks, services or other materials viewed at, on or through the Sites or the Payabbhi Payment Facilitation Service.

13. Third-party Websites

The sites may contain links to other websites owned and operated by Payabbhi, as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third party websites not owned or controlled by Payabbhi, including Member Merchant’ sites. Payabbhi has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party site. By using the Sites, you expressly relieve Payabbhi from any and all liability arising from your use of any third party website, including the Member Merchants’ sites. Furthermore, Payabbhi does not endorse, and is not responsible or liable for any content, advertising, services, products or other materials at or available through such third party websites or resources or for any damages or losses arising there from. Accordingly, you are encouraged to be aware when you leave the Sites and to read the terms and conditions and privacy policies of each other website that you visit.

14. Disputes with Merchants:

Chargeback

The amount of a transaction may be reversed or charged back to the Merchant Account (“CHARGEBACK”) for reasons, including, but not limited to, any one of the following: (a) an invalid Card account is submitted by you; (b) neither the cardholder nor a person authorized by the cardholder received the goods or services requested; © the cardholder disputes the quality of the goods or services received; (d) the cardholder never received a credit for a returned item or a cancelled order; (e) the cardholder was charged incorrectly; (f) the authorization code is invalid; (g) the Card was expired or not effective; (h) the transaction is disputed; (i) the transaction is reversed by the Card Organization, Payabbhi’s payment Services Provider, or a financial institution for any reason, (j) the transaction was not authorized; or (k) the transaction is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. Member Merchant shall be responsible for all charge backs claims and keep Payabbhi indemnified for the same. Payabbhi shall only be a facilitator without liability in channeling any chargeback claims made by the end customer.

Returns/Refunds

By using the Services, the Member Merchant agree to process returns of, and provide refunds and adjustments for, your goods or services through the merchant account in accordance with this Agreement, Payabbhi’s Payment Service Provider rules and Card Network rules.

Dispute

By using or accessing the Sites you hereby release Payabbhi, including, but not limited to, its officers, directors, agents, affiliates, parent companies, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with disputes with any Member Merchant. The above notwithstanding, Payabbhi reserves the right, but has no obligation, to monitor dispute between you and Member Merchants.

15. Privacy

Your privacy is important to us. To better protect your rights, we have provided you with our Privacy Policy, which may change from time to time, without notice, to explain our privacy practices. To read our Privacy policy, please use the link provided on the site’s homepage.

16. Indemnification

You agree to indemnify, defend and hold harmless Payabbhi, its subsidiaries, directors, officers, owners, agents, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively, “indemnified Parties”), at your expense, from and against any and all claims, demands, causes of action, liability, debt, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by the Indemnified Parties arising out of, related to, or which may arise from: (a) your misuse of the Sites or the Payabbhi Payment Facilitation Service; (b) any breach or non-compliance by you of any term of this Agreement, any other Payabbhi policy, or any third party’s terms and conditions; © any dispute or litigation caused by your actions or omissions; or (d) negligence or violation or alleged violation of any law or rights of a third party.

17. Warranties

You expressly agree that access to or use of the sites or the payabbhi payment facilitation service is at your sole risk. the sites and the payabbhi payment facilitation service are provided to you on an “as-is” and “as available” basis, without any express or implied warranty of any kind for the content, materials, information and functions or for any breach of security associated with the transmission of sensitive information (if any) through the payabbhi payment facilitation service.  payabbhi disclaims without limitation, any warranty of any kind with respect to the payabbhi payment facilitation service for:

  1. Non-infringement;
  2. Merchantability; or
  3. Fitness for a particular purpose.

Payabbhi does not warrant that the functions contained in the payabbhi payment facilitation service will be uninterrupted or error free. payabbhi shall not be responsible for any service interruptions, including, but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions.

18. Limitations of Liability

In no event shall Payabbhi, its subsidiaries, officers, directors, owners, employees, or agents (the “Payabbhi Parties”) be responsible or liable to user or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with Payabbhi or the Payabbhi Payment Facilitation Service, or any goods, services, or information purchased, received, or paid for by way of the Payabbhi Payment Facilitation Service, regardless of the type of claim or the nature of the cause of action, even if the Payabbhi Parties have been advised of the possibility of such damage or loss. In no event shall the Payabbhi Parties total cumulative liability arising from or relating to this Agreement exceed the net fees Payabbhi has actually received and retained from the user’s valid payment transactions during the three-month period immediately preceding the date of the claim. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.

19. Miscellaneous

Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in/or associated with, the Sites or the Payabbhi Payment Facilitation Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Payabbhi’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provisions nor of the right to enforce such provision, or any other provisions of this Agreement. YOU EXPRESSLY AUTHORIZE PAYABBHI TO COMPLY WITH ANY AND ALL LAWFUL NOTICES, SUBPOENAS, COURT ORDERS AND/OR WARRANTS WITHOUT PRIOR NOTICE TO YOU.

20. Dispute Resolution

If a dispute arises between you and Payabbhi, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Payabbhi agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the site’s support page. We will consider any reasonable request to resolve a dispute.

21. Choice of Law and Forum

This Agreement shall be governed in all respects by the laws of India and the courts of Kolkata will have exclusive Jurisdiction.

22. Modification of Agreement

Payabbhi reserves the right, in its sole and absolute discretion, to change, modify, or amend any portion of this Agreement at any time without notice. The changes shall be deemed accepted by you, by your continued accessing of the Sites or use of the Payabbhi Payment Facilitation Service. Therefore, it is your express obligation to check the site frequently to see if there are any changes to any of our policies or these TCs. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Sites and the Payabbhi Payment Facilitation Service.