Terms and Conditions

1 - GENERAL

1.1. The terms and conditions contained hereinafter ("Terms") constitute an agreement between Bhartipay Services Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at Property Bearing No. 4, First Floor Ring Road, Lajpat Nagar-IV New Delhi, India-110024 ("Pay10", "we", "us" or "our") which operates the Platform (defined below) and a natural or legal person who accesses and/or uses the Platform in any manner ("you" or "your") or uses any current or future service or functionality or offer made available on the Platform, as updated from time to time.

1.2. By using the Platform, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use the Platform and Services (defined below). if you have any questions about the terms, please contact us at info@pay10.com info@pay10.com. Please note that your access to the Services, other platforms, offers or promotions in relation to the Services as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines ("Additional Terms") along with these Terms. These Terms do not alter in any way the terms or conditions of any other written agreement you may have with Pay10 for specific Services. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service. These Terms govern your use of the Platform and transaction or dealings thereon.

1.3. For the purposes of these Terms, "Platform" means the https://www.pay10.com/ which include its corresponding mobile application/wallet/ website/tablet/desktop/device or any other digital mode and/or operating system as provided by Pay10, on which you may avail the Services and includes applications controlled and managed by us which interact with one or more such mobile applications/ wallets/ websites/ tablets and digital modes as provided by us.

1.4 Please note that we may from time to time change the Terms that govern your use of the Platform. Every time you wish to use our Platform, please check these Terms to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platform or suspend the operation of the Platform for support or maintenance work, in order to update the content or for any other reason, at any time.

1.5. Any accessing, browsing, or otherwise using the Platform indicates your agreement to these Terms, the privacy policy of the Platform (available here: https://www.pay10.com/privacy-policy.php )and any other policies or guidelines that may be applicable on the Platform at the time of your access and usage of the Platform and which may be updated from time to time (collectively, the "Agreement").

1.6. This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.7. By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Platform under the supervision of his/her parent or legal guardian and that such users parent or legal guardian has read and agrees to the terms of this Agreement, including Terms on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such users account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

2- REGISTRATION AND KYC

2.1. In order to use or avail the Services on the Platform, you will have to register on the Platform. You will be eligible to further access and avail the Services only upon receipt of a confirmation e-mail from us after filling in the necessary forms and after providing the necessary details and documentation as may be required by us at the time of your registration.

2.2. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account. You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.

2.3. You understand and acknowledge that even though you may be allowed to operate the account created by you or execute transactions on the platform of Pay10, the funds shall not be settled to your account pending completion of your Know Your Customer (KYC) obligations in accordance with the RBI Guidelines (defined below). You understand that we reserve the right to not release the settlement amounts to you and may eventually reverse the funds to the account from where such payment originated due to non-completion of your KYC obligations.

2.4. You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction, including but not limited to the provisions of the Reserve Bank of India guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI from time to time, that may be applicable to you in connection with your business and use of our Services ("RBI Guidelines")

3- SERVICES

3.1. Subject to these Terms and Additional Terms which may be communicated to you from time to time, Pay10 offers on its Platform varied services including but not limited to the payment gateway and aggregation services provided by Pay10 in relation to facilitation and settlement of online payments by providing multiple payment options ("Services").

3.2. We may build upgrades or remove features from our existing Services to enhance your experience of using the Services. You acknowledge and agree that the form and nature of the Services which Pay10 provides may change from time to time without any prior notice to you. We may also stop (permanently or temporarily) providing the Services (or any features within the Services) to you generally at Pay10's sole discretion, without any prior notice.

3.3. You acknowledge that Pay10 may at any time fix an upper limit on the number of transactions which may be undertaken by you on the Platform at its sole discretion. We will take reasonable efforts to inform you of such limits.

4- CONTENT

4.1. You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Pay10, including the execution of deeds and documents, at its request.

4.2. You agree that we do not routinely monitor your postings on Platform but reserves the right to do so. However, if we become aware of inappropriate use of the Platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

4.3. Submissions and unauthorised use of any materials contained on the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Platform or the use of the Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

4.4. We reserve the right to terminate access to this Platform at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms shall survive the termination or expiration of the Terms.

5- USER WARRANTIES AND RESTRICTIONS

5.1. You represent and warrant that: (a) your use of the Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory); and (d) the information and documents pertaining to your identity and address proof, as submitted for the purpose of know your client (KYC) verification with Pay10 are true and genuine and are not fabricated or doctored in any way whatsoever. If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

5.2. You will use Platform for lawful purposes only and will not undertake any activity that is harmful to Platform or its content or otherwise not envisaged through the Platform. You have a limited license to access and use Platform, solely for the purpose of availing the Services, subject to these Terms.

5.3. You will not do any of the following:

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5.4. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Platform, any information that:

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5.5. You agree to use the Services only for purposes that are permitted by (a) these Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

5.6. You agree to use the data owned by Pay10 (as available on the Platform) only for personal purposes and not for any commercial use unless agreed to by Pay10 in writing.

5.7. Where you use the Platform for any commercial use, you shall (a) not store any customer card and such related date in any form or manner whatsoever on your websites/ servers, and (b) ensure that the correct line of business as disclosed and declared to Pay10 is undertaken. Pay10 reserves the right to withhold settlements and/ or suspend transactions in case of any mismatch or violation in your declaration subject to the applicable laws.

5.8. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Pay10, unless you have been specifically allowed to do so in a separate agreement with Pay10. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).

5.9. Unless you have been specifically permitted to do so in a separate agreement with Pay10, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that Pay10 (or Pay10's licensors) owns all legal and proprietary right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Pay10 and that you shall not disclose such information without Pay10's prior written consent.

5.10. Unless you have agreed otherwise in writing with Pay10, nothing in the Terms gives you a right to use any of Pay10's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unless you have been expressly authorized to do so in writing by Pay10, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

6 - COMPLIANCE WITH ANTI-BRIBERY AND ANTI-CORRUPTION LAWS

6.1. You agree to comply with all applicable commercial and public anti-bribery and anti-corruption laws (including but not limited to the provisions of Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto) which prohibits you or your officials, representatives, agents or any other person associated with or acting on your behalf from giving, offering, promising to offer, receiving/ accepting or acting in any other manner so as to induce a payment, gift, hospitality or anything of value (either directly or indirectly) whether from within the country or from abroad to government officials, publics servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties or office bearers thereof or any other third party or person in order to obtain an improper commercial/business advantage of any kind. Government Officials include any government employee, candidate for public office, an employee of government - owned or government - controlled companies, public international organisation and political parties.

6.2. You also agree not to give, offer, pay, promise or authorise to give or pay, directly or through any other person, anything of value to anybody for the purpose of inducing or rewarding any favourable action or influencing a decision in your favour. You agree and undertake that it is compliant with and shall do/ undertake all acts necessary to continue to be compliant with the provisions of Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI, as amended from time to time.

7 - INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless Pay10, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Platform or the Services, violation of these Terms, or infringement of any intellectual property or other rights of Pay10 or any third-party. Pay10 will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Pay10 with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.

8 - CONFIDENTIALITY

8.1. You acknowledge that you may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to Pay10 and its affiliates, marketing prospects, contractors, officers, directors or shareholders, personal data of your customers, financial and operational information, billing records, business model, etc. ("Confidential Information").

8.2. You agree to keep Confidential Information in confidence and take necessary safety measures and steps to maintain the confidentiality and secrecy of the Confidential Information from public disclosure, and you shall at all times maintain appropriate measures to protect the security and integrity of the Confidential Information.

8.3. You hereby agree and undertake to take all necessary measures to ensure that your website or any other computer system that is being used to effect transactions by the usage of Services does not store/ save any customer card or any other such related data. You further undertake that you shall be responsible for ensuring complete and absolutely privacy, anonymity and security of all customer data flowing through your systems during the usage of the Services by you.

9- FRAUDULENT TRANSACTIONS

9.1. In the event we are intimated, by an acquiring bank or a card payment network, that a customer has reported an unauthorised debit of the customer's payment instrument ("Fraudulent Transaction"), then Pay10 shall be entitled to suspend the settlement of the amount associated with the Fraudulent Transaction during the pendency of inquiries, investigations and resolution thereof by the acquiring bank or the card payment network.

10 - DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

10.1. We will try to ensure that all information and recommendations, whether in relation to the Services, offerings or otherwise (hereinafter "Information") provided as part of this Platform is correct at the time of inclusion on the Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.

10.2. You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information at the Platform shall constitute an invitation to invest in or any affiliates. Any use of this Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this Platform. We are not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

10.3. We do not covenant or provide any representations and warranties:

10.4. in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content on Platform;

that the Services will be made available at all times; and
that the operation of Platform, including the functions contained in any content, information and materials on Platform or any third-party sites or services linked to Platform will be uninterrupted, or that the defects will be rectified, or that Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.

10.5. THIS PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. PAY10, FOR ITSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. PAY10 WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF PAY10 HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11 - MISCELLANEOUS

11.1. Applicable Law and Jurisdiction: These Terms are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms or any dispute arising in relation to the Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at New Delhi, India for the resolution of all such disputes.

11.2. Grievance Officer: In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to the grievance officer of Pay10 at the below mentioned coordinates:

Name: Mr. Amit Rana

Email Address: grievance@pay10.com

Designation: Grievance cum Nodal Officer

12- FORCE MAJEURE

Pay10 will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Pay10's reasonable control.

13 - WAIVER

No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Pay10. Any consent by Pay10 to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

14 - SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

15 - AMENDMENT

These Terms are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms as available on the Platform. Your relationship with the Platform will be governed by the most current version of these Terms, as published on Platform.

16 - MISCELLANEOUS

16.1. In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that Pay10 will not be liable for any transaction between itself and any such third parties.

16.2 These Terms supersede all previous oral and written terms and conditions (if any) communicated to you by Pay10, for the use of Platform, and the rights and liabilities with respect to any Services to be provided by Pay10 shall be limited to the scope of these Terms.