Fingpay User Terms and Conditions

The User Online Registration Form, User E-Sign Consent, User Term and Conditions along with our Privacy Policy and Chargeback Policy (collectively this "Agreement") forms the terms and conditions of use of our services ("Services"). This Agreement is a legal document between the User (as defined below) and Tapits Technology Private Limited ("Fingpay", "we", "our" or "us") governing the Users' relationship with Fingpay. (The terms "User(s)"/"you"/ "your" shall hereinafter refer to the Seller(s) and/or the Buyer(s) as the case maybe).
(The terms "User(s)"/"you"/ "your" shall hereinafter refer to the Seller(s) and/or the Buyer(s) as the case maybe).

IMPORTANT

This is an important document which you must consider carefully when choosing whether to use Fingpay Services at any time. Please read the terms of this Agreement (along with Links to this Agreement) carefully before agreeing to it. This Agreement also highlights certain risks on using the Fingpay Services together with guidance on how online payments through Fingpay can be facilitated.

You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your business and your use of the Fingpay Services.

BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, THE USER EXPRESSLY AGREES TO AND CONSENTS TO BEING IRREVOCABLY BOUND BY THIS AGREEMENT AND ALL OF THE TERMS SET OUT HEREIN. IF THE USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED. FINGPAY WILL PROMPTLY CANCEL THE ASSOCIATION AND THE USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
FINGPAY SHALL HAVE DEEMED TO HAVE ACCEPTED THIS AGREEMENT AND THE CONTRACT SHALL ONLY BE CONSIDERED TO BE DULY EXECUTED, VALID AND BINDING AFTER THE RECEIPT OF THE USER INFORMATION FROM THE USER, DUE VERIFICATION OF THE SAME BY FINGPAY AND A VERIFICATION OF THE CONTRACT BEING SENT BY FINGPAY TO THE USER AS MORE SPECIFICALLY STATED BELOW.
THE CONTRACT SHALL BE DEEMED TO HAVE BEEN RECEIVED, ACCEPTED AND FORMED AT FINGPAY’S REGISTERED OFFICE AT, 20 DHENU MARKET, REGAL SQUARE, INDORE 452003 (M.P.)

Web Application User Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.fingpay.co.in website.

This web page represents a legal document; that serves as our Terms of Use and it governs the legal terms of our website, www.fingpay.co.in, sub-domains, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith and any associated web-based applications (collectively, "Website"), as owned and operated by Tapits Technologies Private Limited.

This page states the Terms and Conditions under which you (User) may visit this Web site http: www.fingpay.co.in ( hereinafter referred to as 'Website'). Please read this page carefully. If you do not accept the Terms and Conditions stated here, please immediately terminate your use of the Website. Tapits Technologies under the brand name “FINGPAY” reserve their respective rights to revise these Terms and Conditions at any time by updating this post. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all Users of this Website. By continuing to use this Website or to access the Services / usage of our Services after changes are made, you agree to be bound by the revised/ amended Terms of Use and such amendments shall supersede all other terms of use previously accepted by the User. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. In using this Website or the Services by FINGPAY, you are deemed to have read and agreed to the following Terms and Conditions. You can accept the Terms of Use by:

"Client", "You" and "Your" refers to you, the person accessing this website i.e. the User. The term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.

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 RBI 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 (the "KYC GUIDELINES") etc., that may be applicable to you in connection with your business and use of our Services.

THE USER UNDERSTANDS AND UNCONDITIONALLY ACKNOWLEDGES THAT EVEN THOUGH THE USER MAY BE ALLOWED TO EXECUTE TRANSACTIONS ON THE PLATFORM OF FINGPAY, 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. FURTHER, UPON NON-COMPLETION OF KYC OBLIGATIONS ON THE PART OF THE USER, AS MENTIONED ABOVE, TO THE SATISFACTION OF FINGPAY, 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.

It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.

SERVICES BEING OFFERED BY FINGPAY:

Subject to these Terms of Use, Merchant Onboarding Policy, KYC Policy, Disputes and Grievance Redressal Policy and Privacy Policy (collectively, "POLICIES"), Fingpay offers the Services set forth in Schedule- I herein.

Fingpay 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 Fingpay provides may change from time to time without any prior notice to you.

As part of this continuing process, you acknowledge and agree that Fingpay may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at Fingpay'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 Fingpay when you stop using the Services.

You acknowledge and agree that if Fingpay 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 Fingpay shall intimate you regarding the same.

Fingpay 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 Fingpay 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 Fingpay at any time, solely at Fingpay's discretion.

By using our Services you agree that Fingpay disclaims any liability or authenticity of any information that may have become outdated since the last time that particular piece of information was updated. Fingpay 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 Fingpay. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Fingpay.

USE OF THE SERVICES BY USERS

In order to access certain Services, you may be required to open a User account with Fingpay by providing information about yourself (such as identification or contact details) as part of the registration process ("REGISTRATION DATA") for the Services, or as part of your continued use of the Services. You agree that any Registration Data you give to Fingpay will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is in violation of applicable law or not in accordance with the Terms of Use (whether wholly or in part), we reserve the right to reject your registration and/ or indefinitely suspend or terminate your User account and refuse to provide you access to the Website. Further, you agree to indemnify and keep us indemnified from and against all claims resulting from the use of any detail/ information/ Registration Data that you post and/ or supply to us. We shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior intimation to you.

Notwithstanding anything else contained in any other agreement involving you and Fingpay 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.

Notwithstanding anything else contained in any other agreement involving you and Fingpay 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 Fingpay. We may maintain backup of all User content for such time as may be required under applicable laws and for operational purposes of Fingpay. 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 __________ (mention the email id) In the event of any dispute between two or more parties as to ownership of any particular account with Fingpay, you agree that Fingpay shall be the sole arbitrator for such dispute and that Fingpay'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:

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

You agree to use the data owned by Fingpay (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 Fingpay 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 Fingpay, unless you have been specifically allowed to do so in a separate agreement with Fingpay. 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 Fingpay, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you are solely responsible for (and that Fingpay has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Fingpay may suffer) of any such breach. You further agree to the use of your data by us in accordance with the Privacy Policy.

Fingpay 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.

COMMUNICATIONS:

You accept that Tapits Technologies shall be corresponding with you in an electronic mode and for which you have already consented by accessing this Website. Communication from Tapits Technologies shall be by means of an e-mail or by posting any notices on this Website. You agree and accept that all agreements, disclosures and any other communications that we shall provide you, satisfy all the legal requirements under the relevant statutes in India.

ELIGIBLE CUSTOMERS

In order to access and use the Service you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorised to agree to the TERMS OF USE and to access, use and avail of the Service. If you do not qualify, you shall not access or use the Service.

If you are not a Resident Indian, you may access, use and avail of the Service only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the Service is based on the understanding and agreement that by accessing and using the Service, you may be violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify Tapits Technologies against any liability incurred by Tapits Technologies in this regard.

CONTENT

For the purposes of these Terms of Use, the term "CONTENT" includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through 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 Fingpay (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 Fingpay or by the owners of that Content, in writing and in a separate agreement.

Fingpay 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.

Fingpay 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. Fingpay 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 Fingpay 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 Fingpay 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 Fingpay may suffer) by doing so.

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 organization and political parties. User also agrees not to give, offer, pay, promise or authorize 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

Nothing in these Terms of Use, including this paragraph, shall exclude or limit your warranty or liability for losses unless they are excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. Fingpay disclaims any implied warranty for Services and any use thereof.

You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis.

In particular, Fingpay, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Fingpay or from the use of Services shall create any warranty not expressly stated in these Terms of Use.

Fingpay further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

REPRESENTATIONS AND WARRANTIES OF USER

The User hereby represents and warrants:

Security Rules

You are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such visitor or logging into a server or account which the visitor is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (3) attempting to interfere with service to any visitor, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Web site, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. Tapits Technologies and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting visitors who are involved in such violations.

PROHIBITED SERVICES

You agree that you will not accept payments in connection with businesses, business activities or business practices, including but limited to the following:

The above list is subject to additions/ amendments (basis changes/ amendments to applicable laws) by Fingpay without prior intimation to you.

LINKS TO/FROM OTHER WEB SITES

This Website contains links to other third party websites. These links are provided solely as a convenience to you. Wherever such link/s may lead to sites which do not belong to Tapits Technologies, Tapits Technologies is not responsible for the content of linked sites and does not make any representations regarding the correctness or accuracy of the content on such third party websites. If you decide to access such linked third party websites, you do so at your own risk.

Similarly, this Website can be made accessible through a link created by other third party websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other third party websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of this Website or that such links have been authorised by Tapits Technologies. We are not responsible for any representation/s of such other third party websites while affording such link and no liability can arise upon Tapits Technologies consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any third party website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Website is utilised to visit this Website and such event is brought to the notice or is within the knowledge of Tapits Technologies, civil or criminal remedies as may be appropriate shall be invoked.

You shall not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.

CONFIGURATIONS AND MINIMUM ESSENTIALS:

Tapits Technologies does not expressly recommend any particular software, operating system, application to use and access this Website. If for any particular reason, the Website does not open or is unable to be displayed in full in the Visitor's computer, then Tapits Technologies shall not be held liable for any act, omission or commission that may occur because of the same. It shall be your responsibility and liability to keep your computer in consonance with the latest standards so as to access this site; though latest standards cannot be defined or categorized.

INTELLECTUAL PROPERTY RIGHTS:

All the Content displayed on this Website is the sole propriety and is in the exclusive right, title and ownership of Tapits Technologies. The copyright existing in the content on the Website as well as the Website itself is and shall always remain in the sole custody, possession, control and ownership of Tapits Technologies. Copyright for this purpose includes registered as well as non-registered copyright. Trade mark and domain name with of this Website also vests with Tapits Technologies. All the marks, logos, designs used in this Website are and shall always remain with Tapits Technologies. Trade marks that have been put for registration and non registered trade marks shall also be the sole propriety of Tapits Technologies. Any intellectual property rights arising as a result of makeover of any content provided by any Visitor, then intellectual property arising because of such makeover shall also vest with Tapits Technologies. The Visitor to this Website grants a royalty free, exclusive and transferable right to Tapits Technologies with respect of the content posted by him/her.

CONFIDENTIALITY

The User may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to Fingpay 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 shall keep Confidential Information in confidence. The User shall use commercial, reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of the Confidential Information from public disclosure, and the User shall at all times maintain appropriate measures to protect the security and integrity of the Confidential Information. The User shall not, without Fingpay's prior written consent, divulge any of the Confidential Information to any third party other than the User's officers, employees, agents or representatives who have a need to know for the purposes of these Terms of Use. The User shall take all reasonable steps to ensure that all of its directors, managers, officers, employees, agents, independent contractors or other representatives comply with this paragraph whenever they are in possession of Confidential Information as part of this Terms of Use. The User shall use the Confidential Information solely in furtherance of and in connection with the Services contemplated under these Terms of Use. The User further agrees that the Confidential Information will not be used by him/ her and his/ her representatives, in any way detrimental to the interests of Fingpay.

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:

The User shall notify Fingpay immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this paragraph. The User will cooperate with Fingpay in every reasonable way to help Fingpay 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. Accordingly, if the User breaches or threatens to breach any of the provisions set out in this paragraph, then Fingpay 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. 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.

FRAUDULENT TRANSACTIONS

Subject to paragraphs hereinbelow, if Fingpay is intimated, by the Acquiring Bank or a Card Payment Network, that a customer has reported an unauthorized debit of the customer's payment instrument ("FRAUDULENT TRANSACTION"), then Fingpay 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.

Subject to paragraph below, if the Fraudulent Transaction results in a Chargeback, then the Chargeback shall be resolved in accordance with the provisions relating to Chargeback as set out under these Terms of Use.

If the amount in respect of a Fraudulent Transaction has already been settled to the User pursuant to these Terms of Use, any dispute arising in relation to the said Fraudulent Transaction, following settlement, shall be resolved in accordance with the RBI's notification RBI/DPSS/2019-20/174 DPSS.CO.PD.No.1810/02.14.008/2019-20, dated March 17, 2020, DBR.No.Leg.BC.78/09.07.005/2017-18, dated July 6, 2017 read with RBI's notification DBOD. LEG. BC 86/09.07.007/2001-02 dated April 8, 2002 and other notifications, circulars and guidelines issued by the RBI in this regard from time to time.

AUTHORISATION

By accepting these Terms of Use, you authorize us to hold, receive, disburse and settle funds on your behalf. Your authorization permits us to generate an electronic funds transfer between the payment system providers and the escrow account to process each payment transaction that you authorize.

Thereafter, you authorize us to transfer the payments received from your buyers to the bank account designated by you for this purpose at the time of registration ("ACQUIRING BANK"). Your authorization will remain in full force and effect until your Fingpay account is closed or terminated.

CARD PAYMENT NETWORK RULES

"CARD PAYMENT NETWORK RULES" refer to the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed and adopted by the Card Payment Networks. These Card Payment Networks have infrastructure and processes to enable transaction authorization. The Card Payment Networks require you to comply with all applicable guidelines, rules, and regulations formulated by them.

The Card Payment Networks reserve the right to amend their guidelines, rules and regulations. We may be required to amend modify or change these Terms of Use pursuant to amendments to the Card Payment Network Rules and such amendments, if any, shall be deemed to be binding on the Users with immediate effect.

You agree to fully comply with all programs, guidelines, requirements that may be published and/ or mandated by the Card Payment Networks. Notwithstanding our assistance in understanding the Card Payment Network Rules, you expressly acknowledge and agree that you are assuming the risk of compliance with all provisions of the Card Payment Network Rules, regardless of whether you are aware of or have access to those provisions. MasterCard, Visa and American Express make excerpts of their respective rules available on their internet sites.

In the event that your non-compliance of Card Payment Network Rules, results in any fines, penalties or other amounts being levied on or demanded of us by a Card Payment Network, then without prejudice to our other rights hereunder, you shall forthwith reimburse us in an amount equal to the fines, penalties or other amount so levied or demanded or spent by us in any manner in relation to such fines, penalties and levies. If you fail to comply with your obligations towards the Card Payment Networks, Fingpay may suspend settlement or suspend/ terminate the Services forthwith.

CUSTOMER'S PAYMENT INSTRUCTIONS

Customer's Payment Instruction(s) will be effected only after proper authentication in accordance with the prescribed procedure of Service.

The Payment Instruction(s) shall be processed in the manner as may be selected by customer while making the payment using Tapits Technologies payment services.

Tapits Technologies assumes no responsibility and shall incur no liability if it is unable to effect any Payment Instruction(s) on the Payment owing to any one or more of the following circumstances:

In case the payment is effected or successful, CUSTOMER will be intimated about the successful payment by sms sent to the mobile number specified by customer in that regard. Tapits Technologies assumes no responsibility beyond that of sending the intimation to you in this regard.

CHARGES/FEES

In order to use the Service, you may need to use third party services, either directly or indirectly. You will be liable to pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to Tapits Technologies, including an android phone and biometric fingerprint scanner.

In respect of the Services rendered to you, Tapits Technologies reserves the right to charge and recover from you certain charges/fees by debiting the Payment Account or by sending a bill to you for the amount of charges /fees. The charges / fees will vary based on the Payment Instructions or Payment Account and various charges required by the Law of the Land. You will be liable to pay these charges/fees by the date specified in that regard. Failure to pay such charges/fees on or before the specified date will render you liable for payment of interest at such rate as may be stipulated by Tapits Technologies and/or withdrawal of the Service without any liability to Tapits Technologies.

All risks associated with the delivery of the goods or service will solely be that of the merchant and not of Fingpay. Also, all disputes regarding quality, merchantability, non-delivery, delay in delivery or otherwise will be directly between the merchant and the buyer without making Fingpay and/ or the payment service providers, a party to such disputes.

Further, Fingpay also reserves the right to close, suspend, limit or put on hold the User's access to the account with Fingpay and/ or the funds available therein, including settlements pertaining to the User under inter alia the following scenarios:

Such right to close, suspend, limit or put on hold the User's access to the account with Fingpay shall continue till such time that such User submits genuine KYC documents or credentials to the satisfaction of the relevant authorities as per the extant rules, regulations or guidelines with regard to KYC, as well as to the satisfaction of Fingpay without prejudice to any other legal remedy that Fingpay is entitled to prefer as per applicable law.

DISCLAIMER

AS PROVIDED ABOVE, ALL INFORMATION, TECHNOLOGY AND SERVICE PROVIDED SHALL, AT ALL TIMES, BE ON A "AS IS" AND "AS AVAILABLE" BASIS AND TAPITS TECHNOLGIES HEREBY STATES THAT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR ITS OPERATION IS NOT UNDERTAKEN BY TAPITS TECHNOLGIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAPITS TECHNOLGIES DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TAPITS TECHNOLGIES MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, freedom from computer virus OR ERROR FREE.

TAPITS TECHNOLGIES DOES NOT WARRANT OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SERVICE IN TERMS OF ITS COMPATIBILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS AND USE OF THE SERVICE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

ALTHOUGH TAPITS TECHNOLGIES ADOPTS SECURITY MEASURES IT CONSIDERS APPROPRIATE FOR THE OFFER OF THIS SERVICE, IT DOES NOT ASSURE OR GUARANTEE THAT NO PERSON WILL OVERCOME OR SUBVERT THE SECURITY MEASURES AND GAIN UNAUTHORISED ACCESS TO THE SERVICE OR ANY CUSTOMER'S ACCOUNTS. TAPITS TECHNOLGIES SHALL NOT BE RESPONSIBLE OR LIABLE IF ANY UNAUTHORISED PERSON HACKS INTO OR GAINS ACCESS TO THE SERVICE OR TO YOUR ACCOUNTS; AND YOU SHALL BE LIABLE AND RESPONSIBLE FOR THE SAME.

THIS DISCLAIMER OF LIABILITY APPLIES ALSO TO ANY INJURY OR DAMAGE CAUSED BY ANY FAILURE OF PERFORMANCE, DELAY IN PROCESSING OR TRANSMISSION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

TAPITS TECHNOLGIES SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED, OR NOT SENT OR NOT RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU SPECIFICALLY AGREE THAT TAPITS TECHNOLGIES IS NOT RESPONSIBLE FOR ANY CONTENT, DATA, INFORMATION SENT USING AND/OR INCLUDED IN THE SERVICE BY ANY THIRD PART.

LIMITATION OF LIABILITY

IN NO EVENT SHALL TAPITS TECHNOLGIES OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS SUBSCRIPTION AGREEMENT OR (i) THE USE OF OR INABILITY TO USE ANY SERVICE,; (II) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE; WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TAPITS TECHNOLGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT POSSIBLE, THE DISCLAIMERS, LIMITATIONS ON LIABILITY AND INDEMNITIES AVAILABLE TO TAPITS TECHNOLGIES UNDER THE TERMS OF USE SHALL EXTEND, MUTATIS MUTANDIS, TO THE AFFILIATES AND PARTNERS OF TAPITS TECHNOLGIES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, INVOLVED IN PROVIDING, DELIVERING OR MANAGING THE SERVICE (OR ANY PART THEREOF).

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

INDEMNIFICATION

The User shall indemnify and hold Fingpay, its subsidiaries, affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with Fingpay in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:

USER'S PRIVACY

YOUR PRIVACY IS EXTREMELY IMPORTANT TO US. UPON ACCEPTANCE OF THESE TERMS OF USE YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND UNEQUIVOCALLY ACCEPTED OUR POLICIES, INCLUDING THE PROVISIONS OF OUR PRIVACY POLICY

GOVERNING LAW, SETTLEMENT OF DISPUTES AND JURISDICTION

These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought EXCLUSIVELY in the competent courts/ tribunals having jurisdiction in MUMBAI, India and the Users irrevocably submit themselves to the jurisdiction of such courts/ tribunals.

NON-TRANSFERABILITY

You agree that the Service provided to you is not transferable under any circumstance and shall be used only by you. You further acknowledge, agree and confirm that TAPITS TECHNOLGIES shall have the right to transfer, assign or sell all its rights under this TERMS OF USE, and that the Mandate given by you in favour of TAPITS TECHNOLGIES shall continue to be in force and ensure for the benefit of the successors and assigns of TAPITS TECHNOLGIES.

SEVERABILITY

If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Technical Issues & Delivery Policy

In case of any technical issues, please raise a support ticket from your service dashboard or by emailing us at info@tapits to let us know of the same. We endeavor to deliver Service to you within 15 (fifteen) working days of bank approval, failing which you can terminate a transaction related to Service at any time and get a full refund.

CUSTOMER GRIEVANCE REDRESSAL

ANY COMPLAINTS OR CONCERNS WITH REGARDS TO CONTENT OF THIS WEBSITE OR COMMENT OR BREACH OF THESE TERMS OF USE OR ANY INTELLECTUAL PROPERTY OF ANY USER, INSTANCES OF CUSTOMER GRIEVANCES, REGULATORY QUERIES AND CLARIFICATIONS SHALL BE INFORMED/ COMMUNICATED TO THE GRIEVANCE CUM NODAL OFFICER AT THE CO-ORDINATES MENTIONED BELOW IN WRITING OR BY WAY OF RAISING A GRIEVANCE TICKET THROUGH THE HYPERLINK MENTIONED BELOW:

GRIEVANCE CUM NODAL OFFICER:
Mr. Rahul Sisodiya
Tapits Technologies Private Limited
Address- 20 Dhenu Market, INDORE 452003
Contact No.: +91 9770904283
E-mail: recon@tapits.in
Grievance Portal: https://www.tapits.in/contactus

ENTIRE AGREEMENT

These Terms of Use set forth the entire understanding and agreement between you and Tapits Technologies Private Limited with respect to the website. You acknowledge that any other agreements between you and Tapits Technologies Private Limited with respect to the website are superseded and of no force or effect.

SCHEDULE- I

Fingpay is currently engaged into following services/ products which are:

  1. Fingpay’s “Payment Gateway” that offers client a secure payment solution for their Platform and mobile app. It enables the Client to receive payments from customers using various payment methods as mentioned hereinbelow:
    • AEPS Cash Withdrawal and Cash Deposit
    • Micro ATM Cash Withdrawal
    • Aadhaar Pay
    • UPI
    • Cash Drop Services
    • Micro Point of Sale (MPOS)
  2. PAYMENT LINKS
    With Fingpay's "Payment Links" product, the Client is empowered to collect payments from customers through securely generated web links. These links are shareable through SMS, email, WhatsApp and other social media.

I HEREBY CONFIRM THAT I HAVE READ THESE TERMS OF USE AND ACCEPT THEM.

Date Last Modified
These Terms of Use were last modified June 05, 2021.

Tapits Technologies Pvt. Ltd.

Mumbai | Hyderabad | Indore

Registered Office:
20 Dhenu Market, INDORE 452003, (M.P.)

Email: info@tapits.in

CIN: U72900MP2016PTC040639

Social Media:

Grievance Nodal Officer

Mr. Rahul Sisodiya

Phone No. +91 9770904283
Email: recon@tapits.in

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