Terms and Conditions for Paytail Commerce Pvt Ltd (Paytail Services)

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of www.paytail.com and the Paytail Services (defined below), or any other portal as may be launched by Paytail India Private Limited ('Paytail website').


Introduction

  1. These terms and conditions ('T&C'), and all applicable policies which are herein incorporated by way of reference govern your rights and obligations as a user of the services provided by Paytail India Private Limited (defined below) to Paytail Users (defined below), while accessing and using the Paytail online application and/or availing the Paytail Services ('Site') as may be rendered by Paytail India Private Limited, a company incorporated under the laws of India and having its registered office 605, Tower 2, Hewo-1, Sector 56, Gurugram, Haryana-122011 in ('Paytail'). You agree and acknowledge that the Paytail Services may be provided by Paytail, through its partner merchants and/or third-party banks or financial institutions. You agree of having read and understood the Frequently Asked Questions ('FAQ') uploaded from time to time.

  2. By availing the Paytail Services, you agree to be bound by these T&C, including any additional guidelines and future modifications issued by Paytail from time to time. If at any time you do not agree with these T&C, you shall immediately cease your use of such Paytail Services. Paytail reserves the right to amend, add, or remove portions of these T&C, from time to time, without notice to you by posting revised T&C on the Paytail website.

Your access to and use of the Paytail website and the Paytail Services are conditional upon your acceptance of and continuous compliance with these T&C at all times. By accessing, browsing and/or using the Paytail website and/or availing any of its services, including Paytail Services, you agree to be bound by these T&C, including all rules, guidelines, policies, terms and conditions applicable to the Paytail Services being provided by Paytail ('Policies'), as may be modified by Paytail from time to time, which shall be deemed to be incorporated in these T&C by reference, unconditionally and at all times. Paytail shall have the sole right to change, modify, add or remove these T&C or any of its Policies relating to the provisions of access to the Paytail website and Paytail Services, at any time without any prior written notice or intimation. It is hereby clarified that you shall be responsible for reviewing the T&C and Policies on the Paytail website periodically and keep yourself updated with any change in the T&C and Policies. In fact, Paytail Users should periodically review this page for the latest information on our T&C and Policies. Once posted, those changes are effective immediately, unless stated otherwise. Continued access or use of the Services constitutes your acceptance of the changes and the amended T&C and Policies. However, if you do not agree with the changes, please do not continue to use the Services or submit Information to us.


User Eligibility

  1. The access to the Site is only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. Any person who shall be considered as incompetent to contract as per the provisions of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the Paytail website and/or the Paytail Services. If you access Site or use Paytail Services, you, as a Paytail User, represent to Paytail that at least of 18 years age and are competent to enter into legally binding contracts under the Indian Contract Act, 1872.

  2. For accessing the Site and using Paytail Services, you, as a Paytail User, further represent to Paytail that you are an Indian National having tax residency in India.

  3. It is hereby clarified that Paytail reserves the right to provide the Paytail Services to only those users who are both competent to enter into legally binding contracts, have made the representations as provided above, and also qualify under the internal policy(s) for the same determined solely by Paytail from time to time ('Paytail User'/ 'you'/'your'). Paytail shall have the sole right to change, modify, add or remove, in whole or in part, its internal policy(s) in relation to the provision of the Paytail Services of Paytail, at any time without any prior written notice or intimation to the Paytail Users and Paytail shall have the right to not entertain any requests in relation to the same, from the Paytail Users towards such Paytail Services, without assigning any reason.

  4. You hereby authorize Paytail to register you with Paytail in order to avail the Paytail Services, other features and products offered by Paytail. Accordingly, in the event a Paytail User is not already registered with Paytail in relation to the other services rendered by Paytail or does not have a Paytail Account (defined below), Paytail is authorized to register such Paytail User, by creating the Paytail User’s account with Paytail in relation to the Paytail Services, offered by Paytail ('Paytail Account'). You cannot avail the Paytail Services unless you have an existing Paytail Account. It is hereby clarified that all terms and conditions in relation to creation and use of the Paytail Account as specified on the Paytail website shall be applicable in addition to these T&C.


Paytail Services

  1. Paytail provides to the Paytail Users (i) option for payment facilitation services for purchase of product or service on specific merchant websites or outlets ('Partner Merchant'), wherein the Paytail User shall be provided can opt for a checkout transaction processing at Partner Merchant websites and providing invoicing services and payment management systems in relation to the purchase of products or services from the Partner Merchant; and/or (ii) option to a Paytail User to transfer funds into the Paytail User’s verified bank account (iii) Partner Merchant checkout option which can be availed by the Paytail User and make the payment on instalments, on the terms and conditions that may be accepted by the Paytail User from time to time (above options jointly and severally known as 'Paytail Services'). It is clarified that Paytail reserves the right to Paytail service to any Paytail User in whole or in part.

  2. In order to render the Paytail Services, Paytail may partner with the Partner Merchant, third party banks or financial institutions and such other entities ('Financial Institutions') as may be determined by Paytail, in its sole discretion.

  3. The Paytail User availing the Paytail Services shall be entitled to make payment of the purchase price of the products, subject to monetary limited specified by Paytail or the amount approved and transferred into the Paytail User’s / Partner Merchant’s bank account, as the case may be, ('Transaction Amount'). Paytail reserves the right to amend such monetary limit/ approve or reject funds in case of option as applicable to each Paytail User, at its sole discretion, for any reason whatsoever.

  4. The Paytail User hereby agrees and acknowledges that the payment of the Transaction Amount shall be made by the Paytail User, to Paytail, who is authorised by the Partner Merchant and/or third party banks or financial institutions to collect the Transaction Amount, on behalf of the Partner Merchant and/or third party banks or financial institutions, or directly to the financial institutions as the case may be, in the manner specified by Paytail. By availing the Paytail Services, you authorize Paytail or its authorized representatives to collect the Transaction Amount from you, on behalf of the Partner Merchant and process, facilitate and remit the payments to the Partner Merchant selling the products.

  5. Once the Paytail User becomes eligible to avail Paytail Services and is selected and approved by Paytail, the Paytail Services option for transfer of funds into the Paytail User’s/ Merchant’s bank account as the case may be.

  6. Upon selection of the Paytail Service option on the Partner Merchant’s platform by the Paytail User, the Paytail User will be required to complete the transaction(s) through one of the methods of authorization prescribed by Paytail from time to time, including but not limited to entering the one-time password issued by Paytail to such Paytail User to complete the transaction ('Authentication Process'). Completion of the Authentication Process, shall effectuate the transaction vis-à-vis the Partner Merchant or the Partner Merchant and the financial partner, as the case may be and the transaction shall be deemed completed and the Paytail User hereby authorises Paytail to deduct such Transaction Amount from his/her Paytail Account upon completion of the Authentication Process. For provision of the option of transfer of funds into the Paytail User’s bank account, the Paytail Users KYC will be collected and/or validated; bank account for credit of Paytail approved amount and re-payment thereof, will be linked once the Paytail User accepts the credit agreement between Paytail User and the Financial Institution (defined below) and Paytail, and allied terms and conditions governing such credit. Upon completion, the funds will be transferred into the Paytail User’s / Merchant bank account. The Paytail User hereby authorises Paytail to deduct such Transaction Amount from his/her Paytail Account or Paytail User’s Bank account in which the Transaction amount was credited.The Paytail User shall ensure that true and correct details are furnished to Paytail including all information required for the account opening process and the KYC process and such or other information, details and clarifications that Paytail may require from time to time.

  7. Paytail User understands and agrees that, pursuant to the provisions under applicable laws, approvals/ permissions, and policies of Paytail and Financial Institutions, Paytail may be (either by itself or through authorised third party) required to collect physical certified true copies of account opening documents / KYC documents/ payments etc from the Paytail User. Paytail User agrees and consents to cooperate and provide all the such relevant data/ documents etc. for the purpose of verification and account opening.

  8. The details pertaining to the Authentication Process or KYC collection/ verification and linkage to bank account shall be issued by Paytail and shall be sent to the Paytail User and you hereby provide your consent to receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. You hereby consent and agree that any pin, password etc. issued by Paytail, shall be used or undertaken, as the case may be, only by you, that they shall not be disclosed by you to any third party and that you shall take all such steps, including deleting/destroying all records of pin, password etc. issued by Paytail, to ensure that such unauthorised disclosure of the same is prevented. You agree to immediately notify Paytail of any unauthorized use of your pin, password etc. issued by Paytail or any other breach of security. It is hereby clarified that Paytail will not be liable for any loss, damage or other liability arising from your failure to comply with these provisions or from any unauthorized access to or use of the pin, password etc. issued by Paytail. In the event of any dispute between 2 (Two) or more parties as to ownership of a particular OTP or any other form of authentication (as may be specified by Paytail), you agree that Paytail will be the sole arbiter of such dispute, at its sole discretion and that Paytail's decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.

  9. You hereby acknowledge and agree that you shall be solely responsible for immediately notifying Paytail of any change in the email address and/or mobile number registered with Paytail. You further acknowledge and agree that you shall be solely liable for any losses, disputes and/or fraudulent transactions undertaken on a Partner Merchant platform due to your failure in complying with this Clause or any other reason and Paytail shall have no liabilities in this regard.

  10. You hereby acknowledge that you are solely responsible for the transactions / payments made for the products/ services purchased by you, by entering the pin, password etc. issued by Paytail/third party financial institution to you. You consent and agree to not revoke such transactions at any time. You hereby acknowledge that other than pin, password etc. issued by Paytail, entered by you for a particular transaction, Paytail has no obligation, responsibility or liability to verify the transactions authenticated and/or authorised by you or your payment instructions.

  11. You hereby agree and acknowledge that Paytail has been authorized by the Partner Merchant and/or third party banks or financial institutions, as the case may be, to collect the Transaction Amount, on behalf of the Partner Merchant and/or third party banks or financial institutions, as the case may be and you shall be liable to pay to Paytail the Transaction Amount. In this regard, you hereby agree and acknowledge that upon authentication and completion of transactions, Paytail shall raise a statement on the Paytail User pertaining to the transactions undertaken by the Paytail User through Paytail Services ('Statement Amount') specifying details pertaining to the timelines and manner in which the Statement Amount is required to be repaid by the Paytail User ('Statement') to Paytail by e-mail/SMS/any other medium as identified by Paytail from time to time. You, however, hereby agree, acknowledge and confirm that Paytail shall not be liable under any circumstances whatsoever in relation to non-delivery and/or delay in receipt of the Statement whether by e-mail/SMS/any other medium as may be identified by Paytail, due to default / non-delivery / delay at the end of the third party(s) telecom service provider(s) and/or other service provider(s).

  12. It is hereby clarified that all products or services made available to a Paytail User through the Partner Merchant website are provided on an ‘as is’ and ‘as available’ basis, without any representations and warranties, express or implied by Paytail. Paytail does not make any representations pertaining to the information, content, products/services included on or delivery of the products/services or otherwise made available to a Paytail User through the Partner Merchant and only acts as an intermediary between the Partner Merchant and the Paytail User. You hereby further agree, acknowledge and confirm that Paytail is not responsible in any way for the product/services purchased by you from the Partner Merchant and it is explicitly agreed by you that Paytail will not in any way, under any circumstances whatsoever, be responsible or liable for products/services purchased by you from the Partner Merchant and/or in relation to any issue and/or dispute thereof. You hereby further agree, acknowledge and confirm that under the aforesaid circumstances your only recourse will be against the Partner Merchant and/or the Financial Institution and Paytail will not be made a party to any such issue and/or dispute between yourself and the Partner Merchant/ Financial Institution as the case may be.

  13. Paytail shall have the right to not process a transaction through the Paytail Services, if Paytail in its sole discretion determines that a transaction undertaken by a Paytail User is not authorised by such Paytail User or the transaction is not genuine or suspicious.

  14. You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by Paytail or a Partner Merchant or third party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to the Paytail Services.

  15. You hereby acknowledge and agree that Paytail shall not be liable for failure of any transaction undertaken on the Partner Merchant platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the Partner Merchant, deficiency of service and/or products delivered, technical errors on the Partner Merchant platform. You further acknowledge that Paytail shall not be responsible, in any manner whatsoever, for any loss incurred by you for a failed / incomplete transaction undertaken by you using Paytail Services.


Terms and Conditions No-Cost EMI Credit Card

The following terms and conditions apply to no cost equated monthly installment ("EMI") transactions made using an eligible credit card issued by any bank and using EMI facility as a payment option ("No Cost EMI")

  1. The No Cost EMI facility is being offered to the customers who make a purchase transaction through Paytail mobile application/ mobile site thereof (collectively, "Paytail.com") using an eligible credit card issued by any bank using EMI facility; if available on Paytail.com

  2. The No Cost EMI facility is funded by participating sellers and brands (as the case may be) and is made available on select products, as determined from time to time by such sellers and/or brands.

  3. The No Cost EMI payment option can be availed using the credit card of any bank on paytail.com.

  4. Using the No Cost EMI payment option, the customers who undertake the purchase transactions through Paytail.com, will only pay amounts such that the total of these amounts during the EMI tenure is equal to the list price of the products as displayed on Paytail.com Or price agreed between the you and the seller (at the time of making the purchase transactions). The participating sellers or brands (as the case may be) will provide amounts equivalent to the interest imposed by the banks to undertake the purchase transactions on EMI.

  5. The banks issuing the credit cards reserve the right to charge Goods and Services Tax (GST) or other applicable taxes on the purchase transactions undertaken on EMI which will be over and above the product price.

  6. Customers can add more than one item to their cart and if all the products are eligible for No Cost EMI, such customer will receive No Cost EMI payment option on all items. No Cost EMI discount will be calculated only on the eligible items in the cart.

  7. Customers may avail the No Cost EMI facility, provided that:
    • the order is not cancelled by the customer or the participating sellers or paytail.com
    • the product is not returned / exchanged by the customer.

  8. The EMI facility is made available to the customers by and in the sole discretion of the banks issuing the credit cards. Paytail will not be liable for any claims on account of availability or non-availability of EMI facility.

  9. Paytail reserves the right to stop No Cost EMI payment option at any time without prior notice and without any liability


Terms and Conditions of Debit Card No Cost EMI

The following terms and conditions apply to no cost equated monthly instalment ("EMI") transactions made using an eligible debit card issued by any bank providing an EMI facility to its debit card holders and using EMI facility as a payment option ("No Cost EMI").

  1. The No Cost EMI facility is being offered to the customers who make a purchase transaction through Paytail mobile application/ mobile site thereof (collectively, "Paytail.com") using a debit card issued by any bank, providing an EMI facility to its debit card holders, using such EMI facility; if available on Paytail.com.

  2. The No Cost EMI facility is funded by participating sellers and brands (as the case may be) and is made available on select products, as determined from time to time by such sellers and/or brands.

  3. The No Cost EMI payment option can be availed using the debit card of any bank (providing an EMI facility to its debit card holders) on Paytail.com and is not available on purchases made using net banking or cash on delivery payment methods.

  4. Using the No Cost EMI payment option, the customers who undertake the purchase transactions on Paytail.com, will only pay amounts such that the total of these amounts during the EMI tenure is equal to the list price of the products as displayed on Paytail.com (at the time of making the purchase transactions). The participating sellers or brands (as the case may be) will provide amounts equivalent to the interest imposed by the banks to undertake the purchase transactions on EMI.

  5. The banks issuing the debit cards reserve the right to charge Goods and Services Tax (GST) or other applicable taxes on the purchase transactions undertaken on EMI which will be over and above the product price

  6. In some debit and credit card EMIs your bank may charge you a processing fee separately which can vary from time to time which will be billed in the first repayment installment. This processing fee is at the sole discretion of your bank and paytail has no control on it.

  7. Customers can add more than one item to their cart and if all the products are eligible for No Cost EMI, such customer will receive No Cost EMI payment option on all items. No Cost EMI discount will be calculated only on the eligible items in the cart.

  8. The customers may avail the No Cost EMI facility, provided that:
    • the order is not cancelled by the customer or the participating sellers or paytail.com; or
    • the product is not returned / exchanged by the customer.

  9. The EMI facility is made available to the customers by and in the sole discretion of the bank(s) issuing the debit cards. Paytail will not be liable for any claims on account of availability or non-availability of EMI facility. Customer having a debit card may be required to enter into separate agreements or arrangements (by whatever name called) with their bank to avail / use the EMI facility.

  10. Paytail reserves the right to stop No Cost EMI payment option at any time without prior notice and without any liability.


Submission of Personal Information

  1. You agree that the personal information such as name, address, contact number, KYC details, etc. ('Personal Information') you provide to Paytail upon registration and at the time of availing the Paytail Services and at all other times will be true, accurate, current and complete. You agree to maintain and update the Personal Information and to keep the Personal Information true, accurate and complete.

  2. If you provide any Personal Information that is untrue, inaccurate, not current or complete, Paytail has the right to suspend or terminate your Paytail Account created on the Paytail website and refuse any and/or all use, either present or future, of the services of Paytail, including Paytail Services, or any portion thereof. It is hereby clarified that Paytail shall not be liable in any manner whatsoever for any loss or damage incurred by a Paytail User or any dispute initiated by or against a Paytail User, due any untrue, inaccurate, not current or incomplete Personal Information provided by such Paytail User.

  3. You hereby agree that the Personal Information provided by you to Paytail at the time of registration on the Paytail website shall be collected, stored, analysed and used by Paytail for the purpose of providing you efficient access to the Site, Paytail Services, and other features, products and services offered by Paytail. You hereby agree, acknowledge and grant your consent to Paytail to further use and share the Personal Information and other personal details, as may have been disclosed by the Paytail User to the Partner Merchants and third party service providers engaged by Paytail and you hereby confirm that you have no objection to receive promotional offers, deals, marketing material, promotional material and any other form of communications from Paytail and/or the Partner Merchant in such form as may be determined by Paytail in its sole discretion, including electronic communications. You hereby agree, acknowledge and accept the Paytail Privacy Policy and that your Personal Information will be handled by Paytail in accordance with the Paytail Privacy Policy. In case of any discrepancy between the terms of this T&C and the Paytail Privacy Policy pertaining to handling, processing, using, sharing, disclosing, etc. of your Personal Information, the terms of the Privacy Policy shall prevail.

  4. You further agree that such Personal Information may be displayed, automatically or otherwise, upon logging into your Paytail Account and/or initiating any transaction on the Partner Merchant website. Please note that your information, including Personal Information and information required to service your Paytail Account, is readily available on the Paytail website and only viewable by you by logging on to the Paytail website.

  5. It may be noted that Paytail handles all such information including Personal Information in accordance with the provisions of the applicable law as may be applicable from time to time and only for the duration lawfully required, thereunder.

  6. You hereby specifically agree that you shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, byelaws and notifications made thereunder.

  7. You hereby authorise Paytail to request for additional information/documentation, at any time, in order to verify that the information provided by you is accurate and complete. In order to allow your continued and uninterrupted use of the Paytail Services, Paytail shall request from time to time, for additional information/documentation from you, in order to be in conformity with know your customer (KYC) requirements as per applicable laws. You agree to provide Paytail with such additional information/documentation, as is required by Paytail at any time, to verify the accuracy and completeness of the information provided by you and its conformity with the said KYC requirements.


Disclaimer for 3rd Party Campaigns

  1. Please note that this is only a marketing material. It is not based on a consideration of your personal circumstances nor is it the result of objective or independent research. The information provided herein is not legally binding and it does not constitute an offer or invitation to enter into any type of arrangement.

  2. Upon a click, you will be directed to the respective third party’s page offering the product/ or service and shall not mean approval or opting for any service or products.

  3. You are clicking on this link as per your sole discretion.

  4. Paytail is not liable for the accuracy of the information being shared in the marketing material and cannot be held liable for any third party claims, losses or damages.

  5. Paytail is not making any warranty, expressed or implied, to the results obtained from such marketing material or opting for the products/ services.

  6. Paytail takes no responsibility for the content of any third-party site. Links to third-party sites are provided solely for the purpose of directing you to the respective websites for your convenience and information; accessing such sites is at your own risk.


Limitation of Liability

  1. The Paytail User acknowledges that Paytail’s liability with respect to the Paytail Services shall be limited and shall be as per these T&C. Paytail reserves the right, in its sole discretion and without assigning any reason, to exclude certain Paytail Users from availing the Paytail Services in the future.

  2. The Paytail User agrees and confirms that the sole and exclusive responsibility and obligation of Paytail is to ensure that the Paytail Services are being provided in compliance of all applicable laws, rules and regulations.

  3. The Paytail User acknowledges that the Paytail Website and the Paytail Services are being provided on a ‘as is’ basis and may be interrupted while browsing, transacting, using or uploading information on the Partner Merchant website and / Paytail Website. The Paytail Users further agree that Paytail reserves the right to suspend the Paytail Services, forthwith without assigning any reason whatsoever, at the sole discretion of Paytail.

  4. The Paytail User agrees that, if it does not agree to the applicability of any of the T&C and the Policies contained herein or other Policies on the Paytail website, then the only remedy a Paytail User shall have will be to not use the Paytail Services and discontinue using its Paytail Account. However, till such time that the Paytail User uses the Paytail website and avails the Paytail Services it shall be deemed that the Paytail User agrees to and shall continue to adhere and abide by the T&C and the Policies.

  5. The Paytail User agrees and confirms that the Paytail Services are being provided by Paytail on a best-efforts basis with all efforts to keep these valid and subsisting. Paytail shall not in any manner be liable to a Paytail User for failure or delay in providing the Paytail Services.

  6. You assume the entire risk of using the Paytail website and the Paytail Services. To the maximum extent permitted by applicable law, in no event shall Paytail be liable to you for any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages of loss of goods or services, loss of business profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access of the Paytail website and the Paytail Services or for any security breach or any virus, bug, unauthorised intervention, defect, or technical malfunctioning of the website, whether or not foreseeable and whether or not Paytail has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, your use of, or access to, the Paytail website and the Paytail Services. Further, Paytail shall not be liable to you for any temporary disablement, permanent discontinuance of the services by Paytail or for any consequences resulting from such actions.


Termination

Paytail may forthwith terminate and/or suspend, in whole or in part, these T&C, the Policies, Site and/or the Paytail Services provided hereunder, for any reason including for reasons of breach of these T&C and/or any of the Policies on the Paytail website. Your sole right to terminate these T&C and the Policies is by deleting your Paytail Account. In the event of termination of these T&C by Paytail or the Paytail User, the Paytail User shall be liable to pay the amounts due to Paytail under the terms of this T&C, as per the Statement raised by Paytail till the date of such termination.


Jurisdiction

The courts at Haryana shall have exclusive jurisdiction over any disputes relating to the subject matter herein.


Notices

All notices, requests, demands, waivers, complaints, queries and other communications required or permitted to be given hereunder in relation to the Paytail Services under these T&C, shall be emailed at admin@Paytail.com, if to Paytail and if to Paytail User, it shall be to the address registered with Paytail. Any other notices, requests, demands, waivers, complaints, queries and other communications arising out of any Partner Merchant’s acts or omissions whatsoever, including but not limited to deficiency of service, quality, merchantability of products or services, shall be resolved between the Paytail User and the Partner Merchant only and Paytail shall have no responsibility or liability whatsoever in this regard.


Intellectual Property

  1. The Paytail User acknowledges that Paytail is the sole and rightful owner of the Intellectual Property and the Paytail User agrees not to register, use or file in its own name or in the name of any other person or company any trademarks same or similar or resembling in any manner the Intellectual Property and not to associate the Intellectual Property with its own business, except for the purpose as specified in these T&C. In this regard 'Intellectual Property' shall mean any and all property in any name, signature, word, letter, numeral or any combination thereof, software, Trademark, brand name, service mark, trade name, design, logo, know-how, trade secrets whether registered or not, belonging to Paytail.

  2. Nothing contained herein shall authorize a Paytail User to use, display or exploit the Intellectual Property rights of Paytail without the prior written consent of Paytail and all content on the Paytail website and Paytail Services is the copyright of Paytail except for third party content and any link to third party websites.

  3. The information provided on the Paytail website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Paytail does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Paytail Services contained on Paytail website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Paytail Services provided through the online technology platform.


General Terms

  1. These T&C and/or Policies may be varied, amended or modified, in whole or in part, by Paytail at any time without notice to the Paytail Users.

  2. These T&C constitute a principal-to-principal relationship between Paytail and the Paytail Users and do not attempt to create any agency relationship. The Paytail Services are being rendered by Paytail as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between Paytail and the Paytail Users hereto or any affiliates or subsidiaries thereof or to provide either Paytail or the Paytail User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party, i.e. either Paytail or the Paytail User.

  3. Paytail may assign, in whole or in part, the benefits or obligations of these T&C to its associates of affiliates of other group company, or any other company, in circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. Paytail shall not require approval or consent of the Paytail User, it can at its discretion provide an intimation of such assignment to the Paytail Users. However, the Paytail User shall not assign, in whole or in part, the benefits or obligations of these T&C, without the prior written permission of Paytail.

  4. Paytail shall not be liable for its failure to perform under these T&C as a result of occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of Paytail, payment gateways or Partner Merchant.

  5. Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

  6. The terms and provisions of these T&C, by their nature and content are intended to survive the performance hereof by any or all parties hereto shall so survive termination.

  7. If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.

  8. The Paytail User warrants that it shall not directly or indirectly solicit for employment, nor offer employment to, nor enter into any contract of services with any person employed by Paytail.

  9. By clicking on the tab/button/ checkbox of 'Paytail' option or any other button/checkbox/confirmation of similar nature, or by the virtue of usage of Site and Paytail services or continued usage thereof, (i) you confirm that you are eligible under applicable law to contract (ii) you consent to conduct transactions, accept the T&C and Policies as displayed on the Paytail website (iii) you consent to receive communications, notices and information from us physically/ electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number / details provided by you during the sign-up process as per our records, or when we post the electronic communication on the Paytail website. You may opt-out of the electronic communications by unsubscribing to the electronic communications.

  10. It is agreed and clarified that the arrangement set out by these T&C between Paytail and the Paytail Users is on a non-exclusive basis.


Terms and Conditions of CRIF

In connection with submission of the application for my credit information (“Consumer Credit Information”) offered by CRIF High Mark (“CIC”) through Paytail Commerce Private Limited (referred to as the “Company”) and delivery of the Consumer Credit Information to the Company, I hereby acknowledge and agree to the following:

  1. The Company is my lawfully appointed agent and he / it has agreed to be my agent for the purposes, including, without limitation, to receive the Consumer Credit Information from CIC on my behalf and use it in the manner consistent with the Agreement entered into between the Company and CIC, and the Company has granted its consent for being appointed for the aforesaid purpose.

  2. I grant my unconditional consent to the Company to receive the Consumer Credit Information from CIC on my behalf and use it in the manner consistent with the consistent with the Agreement entered into between the Company and CIC, as the case may be, and the Company has granted its consent for being appointed for the aforesaid purpose. I hereby represent and acknowledge that: (a) I have carefully read the terms and conditions of the Agreement entered into between the Company and CIC understood the same; or (b) the Terms of Understanding in relation to the use of the Consumer Credit Information has been agreed between me and the Company.

  3. I hereby expressly grant unconditional consent to, and direct, CIC to deliver and / or transfer my Consumer Credit Information to the Company on my behalf.

  4. I shall not hold CIC responsible or liable for any loss, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (a) delivery of my Consumer Credit Information to the Company; (b) any use, modification or disclosure by the Company of the contents, in whole or in part, of my Consumer Credit Information, whether authorized or not; (c) any breach of confidentiality or privacy in relation to delivery of my Consumer Credit Information to the Company ; (d) for any use made by the Company which is contrary to the Agreement entered into between the Company and CIC

  5. I acknowledge and accept that: (a) CIC has not made any promises or representations to me in order to induce me to provide my Consumer Credit Information or seek any consent or authorization in this regard; and (b) the implementation of the Agreement between CIC and the Company is solely the responsibility of the Company.

  6. I agree that I may be required to record my consent / provide instructions electronically and in all such cases I understand that by clicking on the "I Accept" button below, I am providing "written instructions" to Company authorizing Company to obtain my Consumer Credit Information from my personal credit profile from CRIF High Mark. I further authorize Company to obtain such information solely to confirm my identity and display my Consumer Credit Information to me. Further in all such cases by checking this box and clicking on the Authorize button, I agree to the terms and conditions, acknowledge receipt of CIC Privacy Policy and agree to its terms, and confirm my authorization for Company to obtain my Consumer Credit Information.

  7. I understand that in order to deliver the product to me, I hereby authorize Company, to obtain my Consumer Credit Information from CIC.

  8. By submitting this registration form, I understand that I am providing express written instructions for Company to request and receive information about me from third parties, including but not limited to a copy of my consumer credit report and score from consumer reporting agencies, at any time for so long as I have an active Company account. I further authorize Company to retain a copy of my information for use in accordance with Company’s Terms of Use and Privacy Policy.

  9. I UNDERSTAND THAT THE PRODUCT IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS AND CIC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  10. I shall not sue or otherwise make or present any demand or claim, and I irrevocably, unconditionally and entirely release, waive and forever discharge CIC, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter “Releasee”), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) (“Losses”), whatsoever, in law or equity, whether known or unknown, which I ever had, now have, or in the future may have against the Releasee with respect to the submission of my Consumer Credit Information and / or my decision to provide CIC with the authority to deliver my Consumer Credit Information to the Company. I agree to defend, indemnify, and hold harmless the Releasee from and against any and all Losses resulting from claims made against CIC L by third parties arising from and in connection with this letter.

  11. I agree that the terms of this confirmation letter shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts located in Haryana in regard to any dispute arising hereof. CIC is entitled to assign its rights hereunder to any third person without taking my prior written consent.


Terms and Conditions of Karza Aadhaar

Upon Sign Up/Sign In and sharing the Aadhaar number, You (the Aadhaar holder), hereby irrevocably:

  1. Place a request to Paytail Commerce Private Limited and Karza Technologies Private Limited (“Karza”) to access Your Aadhaar Information from UIDAI to fetch and verify information regarding Aadhaar Number, Aadhaar XML, Virtual ID, e-Aadhaar, Masked Aadhaar, Aadhaar details, demographic information, identity information, Aadhaar registered mobile number, face authentication details and/or biometric information (collectively referred to as “Aadhaar Information”)

  2. Explicitly authorise Paytail Commerce Private Limited and Karza to fetch Your Aadhaar Information from UIDAI to make it available to Paytail Commerce Private Limited and/or any third party, as may be required for availing services.

  3. Agree to take all the necessary actions required for the purpose of authenticating and verifying Your Aadhaar Information.

  4. Give a valid, binding, irrevocable and explicit authorisation and consent as may be required under applicable laws, rules, regulations and guidelines for availing the Aadhaar API services of Karza including, but not limited to the transmission and storage of Your Aadhaar Information by Paytail Commerce Private Limited and Karza.

  5. Understand and agree that the Consent has been submitted by You voluntarily and without any coercion from Paytail Commerce Private Limited or Karza or any other party.

  6. Fully understand and accept sole and complete responsibility for any issues, legal suits, damages, losses, penalties, fines or liabilities (“Losses”) arising out of Your sharing of Aadhaar Information and authorising Paytail Commerce Private Limited or Karza for fetching Your Aadhar Information and that You will fully hold harmless Paytail Commerce Private Limited and Karza, its representatives, employees and directors for any Losses arising out of such request and actions.

  7. Paytail Commerce Private Limited and Karza does not store or retain any Aadhaar Information including the Aadhaar number belonging to You after it has processed Your request.”