THE USER UNDERSTANDS AND UNCONDITIONALLY ACKNOWLEDGES THAT EVEN THOUGH THE USER MAY BE ALLOWED TO EXECUTE TRANSACTIONS ON THE PLATFORM OF WebPay.Me, THE FUNDS SHALL NOT BE SETTLED TO THE ACCOUNT OF SUCH USER PENDING COMPLETION OF KYC OBLIGATIONS ON THE PART OF THE USER IN ACCORDANCE WITH THE RBI'S KYC GUIDELINES (DEFINED BELOW). FURTHER, UPON NON-COMPLETION OF KYC OBLIGATIONS ON THE PART OF THE USER, AS MENTIONED ABOVE, TO THE SATISFACTION OF WebPay.Me, WE RESERVE THE RIGHT TO NOT RELEASE THE SETTLEMENT AMOUNTS TO THE USER AND MAY EVENTUALLY REVERSE THE FUNDS TO THE ACCOUNT FROM WHERE SUCH PAYMENT ORIGINATED.
Provision of the Services being offered by WebPay.Me
Schedule I also contains descriptions and process flows of all Services that are offered to Users. These descriptions and process flows are set out in Part A to Part G in Schedule I.
WebPay.Me is constantly evolving in order to provide the best possible experience and information to its Users. You acknowledge and agree that the form and nature of the Services which WebPay.Me provides may change from time to time without any prior notice to you.
As part of this continuing process, you acknowledge and agree that WebPay.Me may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at WebPay.Me's sole discretion, without any prior notice. You may stop using the Services at any point of time. You do not need to specifically inform WebPay.Me when you stop using the Services.
You acknowledge and agree that if WebPay.Me disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account, and WebPay.Me shall intimate you regarding the same.
WebPay.Me reserves the right to delete your User information stored in your account including but not limited to all or any personal information or any sensitive personal data or information ("SPDI") stored in your User account. Alternately, a User may notify us if they do not wish that we retain or use the personal information or SPDI by contacting the Grievance Officer (as provided below). However, in such a case, we may not be able to provide you some or all of our Services.
You acknowledge and agree that while WebPay.Me may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, such fixed upper limits may be set by WebPay.Me at any time, solely at WebPay.Me's discretion.
By using our Services you agree that WebPay.Me disclaims any liability or authenticity of any information that may have become outdated since the last time that particular piece of information was updated. WebPay.Me reserves the right to make changes and corrections to any part of the content of this Website at any time without any prior notice to you. Unless stated otherwise, all pictures and information contained on this Website are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock. Please contact the Grievance Officer by an e-mail if you are the copyright owner of any content on this Website and you think the use of the above material violates the terms of the applicable Copyright law in any manner. In your request, please indicate the exact URL of the webpage to enable us to locate the same. We will endeavour to address your concerns and take necessary steps, if required. Please note that all images displayed on the Website have been digitised by WebPay.Me. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of WebPay.Me.
WebPay.Me acknowledges and represents that it is and shall remain Payment Card Industry Data Security Standard ("PCI DSS") certified. Further, WebPay.Me shall maintain compliance with PCI DSS Standard or other comparable industry standards governing physical/ logical security cardholder data across WebPay.Me environment and ensure that the card holder's data is secured in accordance with the standards.
Use of the Services by User
Notwithstanding anything else contained in any other agreement involving you and WebPay.Me and/ or any other third party, in order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.
Any amendment or rectification of your Registration Data in the User account can be carried out by accessing the "User account" section on the Website. You may choose to delete any or all of your User content/ information or even the User account at any time. Processing such deletion may take some time, but the same shall be done by WebPay.Me. We may maintain backup of all User content for such time as may be required under applicable laws and for operational purposes of WebPay.Me. You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure on your part to protect your login ID or password or any other credential pertaining to your account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at disclosures@WebPay.Me.com. In the event of any dispute between two or more parties as to ownership of any particular account with WebPay.Me, you agree that WebPay.Me shall be the sole arbitrator for such dispute and that WebPay.Me's decision in this regard will be final and binding on you.
You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
Belongs to another person and to which you do not have any right to;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
Harms minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights of any person or entity anywhere in the world;
Violates any law for the time being in force;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonates another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
Is illegal in any other way.
You agree and understand that WebPay.Me reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Website, you are requested to immediately contact our Grievance officer.
You agree to use the data owned by WebPay.Me (as available on the Website or through any other means like API(s) etc.) only for personal purposes and not for any commercial use unless agreed to by WebPay.Me in writing.
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 WebPay.Me, unless you have been specifically allowed to do so in a separate agreement with WebPay.Me. 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) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this Website.
Unless you have been specifically permitted to do so in a separate agreement with WebPay.Me, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
WebPay.Me may share any Content (defined hereinafter) generated by the User or their Registration Data with governmental and regulatory agencies who are lawfully authorised for investigative, protective and cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution pertaining to cyber security incidents and punishment of offences under any law for the time being in force.
If you have opted for use of WebPay.Me's 'subscriptions' product by virtue of which your customers have set up a standing instruction ("RECURRING PAYMENT INSTRUCTION") to charge his/ her chosen payment method (such as credit card, debit card or bank account) as per the billing cycle communicated by you to WebPay.Me, then you consent that the relevant amount will be charged to such payment method as per the billing cycle communicated to WebPay.Me. You agree that WebPay.Me shall continue to charge the relevant amount to the relevant customer's chosen payment method as per such billing cycle until you or the customer terminates the Recurring Payment Instruction.
You further agree that if the customer revokes his/ her consent to the Recurring Payment Instruction then you shall inform us of the revocation in writing for us to cease processing the Recurring Payment Instruction forthwith upon the revocation but no later than 7 (seven) days prior to the next instance of charge to the customer. If such intimation of revocation of Recurring Payment Instruction is made less than 7 (seven) days prior to the next instance of charge to the customer or is not made at all, WebPay.Me shall not be liable for any charge applied to the customer for that month pursuant to the revocation or not be liable at all, as applicable. You agree to make good any losses suffered by us on account of demands or claims from customers arising as a consequence of your failure in notifying us about a customer's revocation of the Recurring Payment Instruction.
Content in the Services
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to WebPay.Me (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by WebPay.Me or by the owners of that Content, in writing and in a separate agreement.
WebPay.Me reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
WebPay.Me reserves the right to moderate, publish, re-publish, and use all User generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. WebPay.Me is not liable to pay royalty to any User for re-publishing any content across any of its platforms.
If you submit any material on the Website, you agree thereby to grant WebPay.Me the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned or affiliated.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Services will be at your own risk.
You agree that you are solely responsible for (and that WebPay.Me has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which WebPay.Me may suffer) by doing so.
You acknowledge and agree that WebPay.Me (or WebPay.Me'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 WebPay.Me and that you shall not disclose such information without WebPay.Me's prior written consent.
Unless you have been expressly authorized to do so in writing by WebPay.Me, 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.
Compliance with anti-bribery and anti-corruption laws
User agrees and unconditionally undertakes to comply with all applicable commercial and public anti-bribery and anti-corruption laws (including but not limited to the provisions of Foreign Corrupt Practices Act, 1977, UK Bribery Act, 2010, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto) which prohibit the User, its/ his/ her officials, representatives, agents or any other person associated with or acting on behalf of such User 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. User also agrees 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 favour of the User. The User also unconditionally agrees and undertakes that it is compliant with and shall do/ undertake all acts necessary to continue to be compliant with the provisions of 'The 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.
Exclusion of Warranties
That the all the information and documents pertaining to his/ her identity and address proof, as submitted for the purpose of know your client (KYC) verification with WebPay.Me are true and genuine and are not fabricated or doctored in any way whatsoever;That the User shall hold and keep WebPay.Me, its promoters, directors, employees, officials, agents, subsidiaries, affiliates and representatives harmless from any liabilities arising in connection with any incidental or intentional discrepancy that is found to be there in the documents submitted by such User for the purpose of KYC formalities;
That any incidental or upfront liability arising in connection with User's/ seller's KYC formalities for the purpose of availing the services of WebPay.Me shall be the absolute responsibility and repercussion of the User and neither WebPay.Me nor any of its affiliates or office bearers shall be responsible in any way for any reason including for ascertaining the veracity of the KYC documents submitted by such User with WebPay.Me;
That User/ seller shall be solely responsible for understanding and complying with any and all applicable laws relevant to the User and their business, and any liability, whether pecuniary or otherwise, arising from any non-compliance of such applicable laws shall be at the sole cost and risk of such User;
That the User shall ensure that its IT systems and infrastructure are compliant with the mandates of PCI-DSS and Payment Application-Data Security Standard, as applicable to it;
That the User/ seller shall operate and conduct his/ her business as per declaration provided by such User to WebPay.Me at the time of onboarding of such User by WebPay.Me and shall promptly report any change/ deviation/ addition/ deletion in the scope of business activities of such User to WebPay.Me;
That all data, information, inventions, intellectual properties (including patents, trademarks, copyrights, design and trade secrets), know-how, new uses and processes, and any other intellectual property right, asset or form, including, but not limited to, analytical methods, procedures and techniques, research, procedure manuals, financial information, computer technical expertise, software for the purpose of availing of services of WebPay.Me and any updates or amendments thereto is and shall be the sole intellectual property of WebPay.Me and should in no way be construed to grant any rights and/ or title to the User in such intellectual property of WebPay.Me;
That User/ seller shall not store any customer card and such related date in any form or manner whatsoever on their websites/ servers;
That it shall be the exclusive responsibility of the User to ensure that the correct line of business of the User is declared under merchant category code (MCC) pertaining to the User and that WebPay.Me reserves the right to withhold settlements and/ or suspend transactions of the User in case of any mismatch or violation in its MCC declaration; and
That the User/ seller shall accord adequate and timely co-operation in allowing WebPay.Me or
it's appointed agencies or regulators to conduct audits, including for compliance with the Policies and provisions of applicable laws.
The User shall indemnify and hold WebPay.Me, its subsidiaries, affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with WebPay.Me in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:
Any payment obligations of WebPay.Me, in case of a Force Majeure event, shall be limited by and be subject to the fulfillment of the payment obligations of the partners banks/ financial institutions, counterparties and any other parties involved in or intrinsically linked to the provision of the Services of WebPay.Me.
The User may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to WebPay.Me and its affiliates, marketing prospects, contractors, officers, directors or shareholders, personal data of customers of the User, financial and operational information, billing records, business model and reports, computer systems and modules, secure websites, reporting systems, marketing strategies, operational plans, proprietary systems and procedures, trade secrets and other similar proprietary information, including technical "know-how", methods of operation, business methodologies, software, software and technology architecture, networks, any other information not generally available to the public, and any items in any form in writing or oral, clearly identified as confidential ("CONFIDENTIAL INFORMATION").
The User hereby unconditionally and irrevocably agrees and undertakes to take all necessary measures to ensure that the User's website or any other computer system that is being used to effect Transactions by the usage of Services, do 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.
Exceptions: The aforesaid confidentiality obligations shall impose no obligation on the User with respect to any portion of Confidential Information which:
Was at the time received or which thereafter becomes, through no act or failure on the part of the User, generally known or available to the public;
Was at the time of receipt, known to the User as evidenced by written documentation then rightfully in the possession of the User or WebPay.Me;
Was already acquired by the User from a third party who does not thereby breach an obligation of confidentiality to WebPay.Me and who discloses it to the User in good faith;
Was developed by the User without use of the WebPay.Me's Confidential Information in such development; or
Has been disclosed pursuant to the requirements of applicable law, any governmental/ regulatory authority, judicial/ quasi-judicial authority provided however, that WebPay.Me shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order.
The User shall notify WebPay.Me immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this paragraph 12. The User will cooperate with WebPay.Me in every reasonable way to help WebPay.Me regain possession of such Confidential Information and prevent its further unauthorized use.
Remedies: Parties acknowledge that irreparable damage may occur on breach of the terms and provisions set out in this paragraph 12. Accordingly, if the User breaches or threatens to breach any of the provisions set out in this paragraph 12, then WebPay.Me shall be entitled, without prejudice, to seek all the rights and remedies available to it under applicable law, including a temporary restraining order and an injunction restraining any breach of the provisions set out in this paragraph 12. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available under applicable law or in equity.
Subject to paragraphs 14.2 and 14.3 below, if WebPay.Me is intimated, by the Acquiring Bank or a Card Payment Network, that a customer has reported an unauthorised debit of the customer's payment instrument ("FRAUDULENT TRANSACTION"), then WebPay.Me 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.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by WebPay.Me on the Services are subject to change without any specific notice to you.
In consideration for WebPay.Me granting you access to and use of the Services, you agree that WebPay.Me may place such advertising on the Services.