With Effect From 01st July 2021
This is a legal agreement between you (the person viewing, using or accessing the Site /
Application (as defined hereunder) and later referred to as "You", or "User" as per the
context) and UNIPAYIN Technologies LLP, a LLP incorporated in India under section 12(1)
of the Limited Liability Partnership Act , 2008, ("LLP"). The LLP owns and operates a
proprietary application for facilitating payments (“Services").
Please read these terms of use carefully before using the services offered by UNIPAYIN.
These terms of use set forth the legally binding terms and conditions for Your use of the
UNIPAYIN website, https://www.unipayin.com and the UNIPAYIN mobile application
together referred to as the "Site", and any sub-domains and the services, features, content
or widgets available through the Site (collectively with the Site, referred to as
the "Service(s)"), which includes an information-technology platform for facilitating
payments of various services and goods.
1. Acceptance Of Terms
By registering for and/or using the Service in any manner, You agree to all of the terms and
conditions contained herein ("Terms of Use" or "Terms"), which also incorporate
UNIPAYIN's Privacy Policy and all other operating rules, policies and procedures that may
be published from time to time by UNIPAYIN, each of which is incorporated by reference
and each of which may be updated by UNIPAYIN from time to time without notice to You in
accordance with the terms set out under the "Modification of Terms of Use" section below.
In addition, some Services offered through the Service may be subject to additional terms
and conditions specified by UNIPAYIN from time to time. Your use of such Services is
subject to those additional terms and conditions, which are incorporated into these Terms
of Use by this reference. These Terms of Use apply to all Users of the Service.
2. Access
Subject to these Terms of Use, UNIPAYIN may offer to provide the Services, as described
more fully on the Site, and which are selected by You, solely for Your own use, and not for
the use or benefit of any third party. Services shall include, but not be limited to, any
Services UNIPAYIN performs for You, any hardware offered by UNIPAYIN, or any widgets
that You download from the Site or, subject to the Terms set out under the "Third party
Sites and Services" section below, from third party application stores authorized by
UNIPAYIN, as well as the offering of any materials displayed or performed on or through
the Services (including Content (as defined below)).
UNIPAYIN makes no representation that the Content on the Site and/or the Services is
appropriate to be used or accessed outside India. Any users who use or access the Site or
avail the Services from outside India, do so at their own risk and are responsible for
compliance with the laws of such jurisdiction. These Terms do not constitute, nor may
these Terms be used for or in connection with any promotional activities or solicitation by
anyone in any jurisdiction in which such promotional activities or solicitation are not
authorized or to any person to whom it is unlawful to promote or solicit.
3. Registration and Eligibility
3.1
In order to use the Service, You are required to register with UNIPAYIN (either through its
application or device) and represent, warrant and covenant that You will provide UNIPAYIN
with accurate, truthful, and complete registration information (including, but not limited to
Your name ("Username"), e-mail address and a password You will use to access the
Service) and to keep Your registration information accurate and up-to-date. Failure to do
so shall constitute a breach of these Terms of Use, which may result in immediate
termination of Your UNIPAYIN account.
3.2
Registration as a User, is only a one-time process and if You have been previously
registered, You shall login / sign into Your account using the same credentials as provided
by You during the registration process.
3.3
You shall not:
a. provide any false personal information to UNIPAYIN (including a false Username) or
create any account for anyone other than Yourself without such person's
permission;
b. use a Username that is the name of another person with the intent to impersonate
that person;
c. use a Username or UNIPAYIN account that is subject to any rights of a person other
than You without appropriate authorization; or
d. use a Username that is a name that is otherwise offensive, vulgar, obscene or
otherwise unlawful.
3.4
UNIPAYIN reserves the right to refuse registration of, or cancel a Username in its sole
discretion. Notwithstanding anything to the contrary contained in this Agreement, You are
solely responsible and liable for activity that occurs on Your account and shall be
responsible for maintaining the confidentiality of Your UNIPAYIN password. You shall never
use another User's account without such other User's prior express permission. You will
immediately notify UNIPAYIN in writing of any unauthorized use of Your account, or other
account related security breach of which You are aware.
3.5
You represent and warrant that if You are an individual, You are of legal age to form a
binding contract, or that if You are registering on behalf of an entity (including without
limitation, Company / Organization), that You are authorized to enter into, and bind the
entity to, these Terms of Use and register for the Service. The Service is not available to
individuals who are younger than 18 years old. UNIPAYIN may, in its sole discretion,
refuse to offer the Service to any person or entity and change its eligibility criteria at any
time. You are solely responsible for ensuring that these Terms of Use are in compliance
with all laws, rules and regulations applicable to You and the right to access the Service is
revoked where these Terms of Use or use of the Service is prohibited and, in such
circumstances, You agree not to use or access the Site or Services in any way.
3.6
In case of creation of an administrative account on behalf of a Company/Organization, the
User undertakes to cooperate with completion of an additional verification process.
3.7
At the time of registration, if the User provides or UNIPAYIN has reasonable grounds to
suspect that any information that is untrue, inaccurate, not current or incomplete,
UNIPAYIN reserves the right to suspend or terminate User’s account and refuse any and
all current or future use of the Site (or any portion thereof) at any time in accordance with
section 7 (Suspension and Termination).
4. Conditions To Use
4.1
The Services will be provided on best efforts basis. UNIPAYIN will make reasonable efforts
and shall endeavor that You are able to use the Services without undue disruption,
interruption or delay.
4.2
By creating a UNIPAYIN account, You may receive updates, promotional materials and
other information we may send with regards to the Service, or new services UNIPAYIN
may offer. The Users shall have the right to unsubscribe from receiving any such
notifications or promotional information at any time by sending a mail
to hello@unipayin.com.
When You use the Site to avail the Services, You agree that You are involved in the
transmission of sensitive and personal information, including but not limited to Your
registration information and mobile number (collectively "SPI"), which falls within the ambit
of the Information Technology (Reasonable Security Practices and Procedures and
Sensitive Personal Data or Information) Rules, 2011. UNIPAYIN, is an technology-based
platform under the proprietary ownership of UNIPAYIN Technologies LLP and therefore,
would take all necessary steps to secure and maintain the confidentiality of the SPI that
You have transmitted in compliance with the Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. The
User hereby irrevocably and unequivocally authorizes UNIPAYIN to utilize User information
or Content for the purposes including for the provision of Services in accordance with the
Terms of Use and to disclose User information to its directors, officers, employees,
advisors, auditors, counsel, or its authorized representatives on a need to know basis for
provision of the Services.
4.3
UNIPAYIN shall endeavor to keep the Site secured against any possible bugs, viruses or
other technical problems in compliance with the best practices of this industry. However,
UNIPAYIN disclaims any responsibility for any harm resulting from anyone’s use, viewing,
or using the services . If You access or use any service , You are responsible for taking
precautions as necessary to protect Yourself and Your computer systems from viruses,
worms, Trojan horses, and other harmful or destructive content.
You agree that UNIPAYIN shall not be liable for any damages that may result from Your
use of the services. Further, UNIPAYIN shall not be held liable for any damage or injury
caused due to performance, failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, link failure, Site crash,
malfunctioning or software/ hardware, unavailability of network, communications line
failure, theft or destruction or unauthorized access to, alteration of, or use of information,
whether resulting in whole or in part from negligence or otherwise.
5. Rules and Conduct
5.1
As a condition of use, You promise not to use the Services for any purpose that is
prohibited by these Terms of Use. You are responsible for all of Your activity in connection
with the Service. Additionally, You shall abide by all applicable local, state, national and
international laws and regulations and, if You represent a business, any advertising,
marketing, privacy, or other self-regulatory code(s) applicable to Your industry.
5.2
By way of example, and not as a limitation, You shall not (and shall not permit any third
party to) take any action or publish any information that:
a. infringes any patent, trademark, trade secret, copyright, right of publicity or other
right of any other person or entity or violates any law or contractual duty or
obligations of confidentiality;
b. You know is false, misleading, untruthful or inaccurate;
c. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic,
offensive, profane, contains or depicts nudity, contains or depicts sexual activity,
promotes bigotry, discrimination or violence, or is otherwise inappropriate as
determined by UNIPAYIN in its sole discretion;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming") and not engage in any form of antisocial, disrupting, or
destructive acts, including "flaming", "flooding", "trolling", “phishing” and "griefing" as
those terms are commonly understood and used on the internet;
e. involves commercial activities (whether or not for profit) and/or sales without
UNIPAYIN's prior written consent such as contests, sweepstakes, barter,
advertising, or pyramid schemes;
f. contains software viruses or any other computer codes, files, worms, logic bombs or
programs that are designed or intended to disrupt, disable, damage, limit,
overburden, impair, compromise or interfere with the Site, the Users, or UNIPAYIN’s
systems or security or with the proper functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to any
system, data, password or other information of UNIPAYIN or any third party;
g. impersonates any person or entity, including any employee or representative of
UNIPAYIN;
h. includes anyone's identification documents or sensitive financial information; or !
i. breaches the Terms of Use and /or Privacy Policy and/or any of the other policies
and rules incorporated herein.
5.3
You shall not (directly or indirectly):
a. take any action that imposes or may impose (as determined by UNIPAYIN in its sole
discretion) an unreasonable or disproportionately large load on UNIPAYIN (or its
third-party providers') infrastructure;
b. interfere or attempt to interfere with the proper working of the Service or any
activities conducted on the Service;
c. bypass any measures UNIPAYIN may use to prevent or restrict access to the
Service (or other accounts, computer systems or networks connected to the
Service);
d. run any form of auto-responder or "spam" on the Service;
e. use manual or automated software, devices, or other processes to "crawl" or
"spider" any part of the Site;
f. harvest or scrape any Content from the Service;
g. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works
or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way
exploit the Service or Content, except as expressly authorized by UNIPAYIN;
h. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive
any hardware, or source code or underlying ideas or algorithms of any part of the
Service (including without limitation any application or widget), except to the limited
extent applicable laws specifically prohibit such restriction;
i. copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive
hereunder;
j. not delete or modify any Content of the Site and / or the Services, including but not
limited to, legal notices, disclaimers or proprietary notices such as copyright or
trademark symbols, logos, that You do not own or have express permission to
modify;
k. use the Site or any Services in any unlawful manner, for any unlawful purpose, or in
any manner inconsistent with these Terms of Use, or act fraudulently or maliciously,
for example, by hacking into or inserting malicious code, including viruses, or
harmful data, into the Site, any Services or any operating system;
l. not make false or malicious statements against the Services or the Site or
UNIPAYIN; or
m. otherwise take any action in violation of UNIPAYIN's guidelines and policies.
5.4
You acknowledge that all hardware and software underlying the Site as well as other
internet related software which are required for accessing the website are UNIPAYIN’s
intellectual property, and that You have no rights in, or to, the hardware, Site or any
Services other than the right to use each of them in accordance with the terms of these
Terms of Use. UNIPAYIN has intellectual property rights over all intellectual property on the
Site except any intellectual property or Content owned by third parties including third-party
service providers or any UGC (as defined hereunder). UNIPAYIN reserves the right to
initiate appropriate legal proceedings against any User or third party including third-party
service provider for an infringement of its intellectual property rights, in accordance with
applicable law. Nothing herein shall give the User or any third party including third-party
service provider any intellectual property rights in any of the intellectual property owned by
UNIPAYIN. The User agrees that it shall not make any claim against UNIPAYIN for any
intellectual property of UNIPAYIN under these Terms of Use.
5.5
UNIPAYIN reserves the right to access, read, preserve, and disclose any information as
UNIPAYIN reasonably believes is necessary to
(i) satisfy any applicable law, regulation,
legal process or governmental request,
(ii) enforce these Terms of Use, including
investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud,
security or technical issues,
(iv) respond to user support requests, or
(v) protect the rights,
property or safety of UNIPAYIN, its users and the public, or
(vi) providing, modifying, or
improving future or current products and/or services of UNIPAYIN.
5.6
Further, the User hereby irrevocably and unequivocally authorizes UNIPAYIN to utilize
User information, User Submissions, or Content for the purposes including those set out
below:
a. provision of Services in accordance with these Terms of Use;
b. disclose User information, User Submissions, or Content to its directors, officers,
employees, advisors, auditors, counsel, or its authorized representatives on a need
to know basis for provision of the Services;
c. providing, modifying, or improving future or current products and/or services of
UNIPAYIN.
d. contacting a third-party service provider and/ or facilitating/ enabling the services of
a third-party service provider for the User pursuant to the arrangement between
UNIPAYIN and such third-party service provider;
Provided that nothing contained herein shall constitute or be deemed to constitute
an agency or partnership or association of persons for and on behalf of UNIPAYIN
or any third-party service provider. The arrangement specified in this clause is
strictly executed on principal to principal basis and each concerned person shall be
bound for their distinct responsibilities, rights, liabilities and obligations in
accordance with the relevant bilateral agreement between such persons.
e. conducting internal studies, consumer research, surveys and preparing reports in
connection with the Services;
f. entering the registration data for an account; and
g. sending alerts, contact details, promotional messages, promotional calls, location
information whether by UNIPAYIN itself or through its partners/ vendors and subpartners/ sub-vendors who are Users of the Site.
5.7
You shall not (and shall not permit any third party to), while using the features on the Site,
including but not limited to the chat feature and any functionality of the chat feature, take
any action or host, display, upload, transmit, share or publish any information or User
Submission that:
a. belongs to another person or User, or tends to impersonate another person;
b. is defamatory, obscene, pornographic, paedophilic, invasive of one’s privacy,
libellous, racially objectionable and is otherwise unlawful under applicable laws;
c. is harmful to children;
d. violates any applicable laws, including but not limited to laws in relation to data
protection and privacy;
e. violates any third party intellectual property rights;
f. You know is patently false or misleading and is written or published with the intent to
mislead or harass a person or entity for financial gain or cause injury to such person
or entity;
g. threatens the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign States, or public order, or incites others to commit offences;
h. contains software viruses or any other computer codes, files, worms, logic bombs or
programs that are designed or intended to disrupt, disable, damage, limit,
overburden, impair, compromise or interfere with the Site, the Users, or UNIPAYIN’s
systems or security or with the proper functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to any
system, data, password or other information of UNIPAYIN or any third party.
5.8
You hereby grant UNIPAYIN the license to use your User Submissions in presentations,
websites, press releases, interviews, promotional materials and other self-promotional
channels, including but not limited to social media platforms, and you shall not, under any
circumstance whatsoever, hold UNIPAYIN liable for usage of such User Submissions for
the aforementioned purposes.
5.9
You hereby agree and acknowledge that UNIPAYIN has no control whatsoever over, and
no duty to take any action regarding any Content, including User Submissions, posted on
the Site, more specifically through the chat feature available on the Site.
6. Third Party Sites and Services
6.1
UNIPAYIN may permit You to link to other websites, services or resources on the Internet,
and other websites, services or resources may contain links to the Site. When You access
third party websites, You do so at Your own risk. These other websites are not under
UNIPAYIN's control, and You acknowledge that UNIPAYIN is not responsible or liable for
the content, functions, accuracy, legality, appropriateness or any other aspect of such
websites or resources. The inclusion of any such link does not imply endorsement by
UNIPAYIN or any association with its operators. You further acknowledge and agree that
UNIPAYIN shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or reliance on any such
content, goods or services available on or through any such website or resource.
6.2
UNIPAYIN permits third-party service providers to serve tailored advertisements to the
User on the Site, and further permits them to access their own cookies or similar
technologies on the User’s device to access the Site or avail the Services.
a. The User acknowledges and agrees that third party service providers may use
cookies or similar technologies to coll proprietary information.
d. not do any "mirroring" or "framing" of any part of the Services, or create internet
links to the Services which include log-in information, user names, passwords, and/
or secure cookies;
e. not use the Services, or permit it to be used, for purposes of product evaluation,
benchmarking or other comparative analysis intended for publication;
f. comply with any applicable law and regulation relating to downloading, using or
otherwise exporting the technology used or supported by the Site or any Services,
which may include but is not limited to not using the Site in a country where the use
of the Site or any Services is unlawful.
11.4
The Registered User agrees that UNIPAYIN can use the Registered User’s brand identity
including its logo, organization name and mention Registered User’s usage of this Service
in sales sheets, presentations, websites, press releases, interviews, promotional materials
and other self-promotional channels.
12. Governing Law
12.1
A printed version of these Terms of Use and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to these Terms
of Use to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. You and
UNIPAYIN agree that any cause of action arising out of or related to the Service must
commence within 1(one) year after the cause of action arose; otherwise, such cause of
action is permanently barred.
12.2
These Terms of Use shall be governed by and construed in accordance with the laws of
India. Any action, claim, dispute or difference arising out of or in connection with these
Terms of Use, including any question regarding its existence, validity or termination
(“Dispute”) shall be governed by and construed in accordance with the laws of India and
the courts in Hyderabad shall have exclusive jurisdiction over Disputes arising out of these
Terms of Use. Notwithstanding anything contained herein, UNIPAYIN shall not be
restricted or withheld from instituting proceedings in courts/ tribunals of any jurisdiction
other than Hyderabad that it may in its sole discretion deem appropriate and convenient.
13. Integration and Severability
These Terms of Use are the entire agreement between You and UNIPAYIN with respect to
the Service and use of the Site, Service, or Content, and supersede all prior or
contemporaneous communications and proposals (whether oral, written or electronic)
between You and UNIPAYIN with respect to the Site. If any provision of these Terms of
Use is found to be unenforceable or invalid, that provision will be limited or eliminated to
the minimum extent necessary so that these Terms of Use will otherwise remain in full
force and effect and enforceable. The failure of either party to exercise in any respect any
right provided for herein shall not be deemed a waiver of any further rights hereunder.
Waiver of compliance in any particular instance does not mean that UNIPAYIN will waive
compliance in the future. In order for any waiver of compliance with these Terms of Use to
be binding, UNIPAYIN must provide You with written notice of such waiver through one of
its authorized representatives.
14. Modification of Terms of Use
UNIPAYIN reserves the right, at its sole discretion, to modify or replace any of these Terms
of Use, or change, suspend, or discontinue the Service (including without limitation, the
availability of any feature, database, or Content) at any time by posting a notice on the Site
or by sending You notice through the Service or via email. UNIPAYIN may also impose
limits on certain features and services or restrict Your access to parts or all of the Service
without notice or liability. It is Your responsibility to check these Terms of Use periodically
for changes. Your continued use of the Service following the posting of any changes to
these Terms of Use constitutes acceptance of those changes.
15. Force Majeure
UNIPAYIN will not be responsible for any delay or failure to comply with its obligations
under these Terms of Use or in performing the Services, if the delay or failure arises due to
any event or circumstance beyond UNIPAYIN’s reasonable control.
16. Electronic Record
This document is an electronic record in terms of the Information Technology Act, 2000 ("IT Act") and rules made thereunder as may be applicable, and the amended provisions
pertaining to electronic records in various statutes as amended by the IT Act. 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 the IT
Act and the rules made thereunder that require publishing the rules and regulations,
privacy policy and terms of use of the Site.
17. Miscellaneous
17.1
UNIPAYIN shall not be liable for any failure to perform its obligations hereunder where
such failure results from any cause beyond UNIPAYIN's reasonable control, including,
without limitation, mechanical, electronic or communications failure or degradation
(including "line-noise" interference). These Terms of Use are personal to You, and are not
assignable, transferable or sublicensable by You except with UNIPAYIN's prior written
consent. UNIPAYIN may assign, transfer or delegate any of its rights and obligations
hereunder without consent. No agency, partnership, joint venture, or employment
relationship is created as a result of these Terms of Use and neither party has any
authority of any kind to bind the other in any respect.
17.2
Unless otherwise specified in these Term of Use, all notices under these Terms of Use will
be in writing and will be deemed to have been duly given when received, if personally
delivered or sent by certified or registered mail, return receipt requested; when receipt is
electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if
sent for next day delivery by recognized overnight delivery service.
17.3
In respect of these Terms of Use and Your use of this Site, Service, or Content, nothing in
these Terms of Use shall be deemed to grant any rights or benefits to any person, other
than us and You (and UNIPAYIN’s and Your respective successors in title or assignees), or
entitle any third party to enforce any provision hereof, and UNIPAYIN and You agree that
UNIPAYIN does not intend that any provision of these Terms of Use should be enforceable
by a third party. The rights and licenses granted hereunder, shall not be transferred or
assigned by the User, but may be assigned by UNIPAYIN without restriction.
18.Language
18.1
Where UNIPAYIN has provided You with a translation of the English language version of
these Terms of Use, then You agree that the translation is provided for Your convenience
only and that the English language versions of the Terms will govern Your relationship with
UNIPAYIN.
18.2
If there is any contradiction between what the English language version of these Terms of
Use says and what a translation says, then the English language version shall take
precedence.
19. Contact
19.1
Should You have questions about this Terms of Use or UNIPAYIN’s information collection,
use and disclosure practices, You may contact UNIPAYIN’s designated officer for these
purposes, whose details are provided below:
Name: Ms Bindu
Email Id: support@unipayin.com
19.2
Except where required by law, UNIPAYIN cannot ensure a response to questions or
comments regarding topics unrelated to the terms of this Terms of Use or UNIPAYIN’s
privacy practices.
20. Complete Understanding
20.1
These Terms of Use contain the entire understanding of the Parties, and there are no other
written or oral understandings or promises between the Parties with respect to the subject
matter of these Terms of Use other than those contained or referenced in these Terms of
Use.
21. Terms of Offer for Sale
21.1
Terms of offers for services and products purchased via UNIPAYIN can be found in
Unipayin Terms of Offer for Sale.
You have read these Terms of Use and agree to all of the
provisions contained above.
Terms of Offer for Sale
1. GENERAL
1.1
These terms of offer for sale ( "Terms") apply to products and services purchased via the
UNIPAYIN application ( Website and the "App"). The App is owned and operated by
UNIPAYIN Technologies LLP (hereinafter referred to as, "Company" or "we" or "us" and
which expression shall, unless it be repugnant to the context or meaning thereof, be
deemed to include its successors and assigns). Under these Terms, the users of the
UNIPAYIN application will be referred to as ("you" or "your" or "yourself" or "user" or
“customers").
1.2
These Terms are an electronic record as per the Information Technology Act, 2000 (as
amended / re-enacted) and rules thereunder ("IT Act") and are published in accordance
with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines)
Rules, 2011, which mandate publishing of rules and regulations, privacy policy and terms
of use for access or usage of any application or website. This electronic record is
generated by a computer system. Any changes or amendments thereof to the Terms are
incorporated by reference. These Terms shall apply to all users of the Products and
Services.
1.3
PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING ANY PRODUCTS
OR AVAILING OF ANY SERVICES ON THE UNIPAYIN APPLICATION. ANY PURCHASE
MADE BY YOU THROUGH THE UNIPAYIN APPLICATION SHALL SIGNIFY YOUR
ACCEPTANCE OF THE TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY
THE SAME. IN ADDITION TO THE FOREGOING, YOU SHALL ALSO BE BOUND BY
THE TERMS OF USE ("T&C") OF THE UNIPAYIN WEBSITE (AVAILABLE AT https://
www.UNIPAYIN.com/terms-and-conditions ), THE PRIVACY POLICY ("PRIVACY
POLICY") OF THE UNIPAYIN WEBSITE (AVAILABLE AT https://www.UNIPAYIN.com/
privacy-policy), OR ANY ADDITIONAL TERMS WHICH ARE DISPLAYED WITH THE
SELECTION OF A PRODUCT OR SERVICE, IF ANY ("ADDITIONAL TERMS"). IF THERE
IS ANY CONFLICT BETWEEN THE TERMS AND THE ADDITIONAL TERMS, THE
ADDITIONAL TERMS SHALL TAKE PRECEDENCE IN RELATION TO THAT SALE TO
THE EXTENT OF SUCH CONFLICT.
1.4
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE APP
FOR ANY PURCHASE.
2. SCOPE
2.1
The UNIPAYIN application is an internet-based portal for the online payment for Goods or
services offered by third parties and the purchase / use of such goods and Services by you
("Goods" / “Services”).
2.2
We have the right to change or discontinue any Products and/or Services at any time,
without notice. We may add or modify the procedures, modes, processes or conditions of
use at any time and we shall not be liable to you or to any third party for any modification,
suspension or discontinuance of any Product or any aspect of the Services.
3. GENERAL CONDITIONS OF SALE
3.1
You shall be responsible for your own actions in utilizing the Products / Services used by
you or provided to you on the UNIPAYIN application and we shall not be liable for any
such action or consequence thereof. We hereby disclaim liability for all Products / Services
offered on the UNIPAYIN application.
3.2
You represent that you are of legal age to form a binding contract in order to
avail the Services and you are not a person barred from purchasing Products and/or
receiving Services under the laws as applicable in India.
3.3
You represent that you are eligible to enter into valid contracts under the Indian Contract
Act, 1872.
3.4
All Products / Services displayed on the UNIPAYIN application constitute an offer to pay /
sell and you accept such offer to pay / sell upon agreeing to purchase the Products /
Services so listed on the UNIPAYIN application. Accordingly, this contract for pay / sale of
the Product / Service is a bipartite contract between you and us.
3.5
You hereby agree and acknowledge that the Products and Services listed and made
available through the UNIPAYIN application are provided by third party vendors or service
providers ("Third Party Vendors"). Even though we take reasonable care to curate the list
of Third-Party Vendors, and ensure that such third-parties that we engage provide timely
and best possible assistance, we may not be involved in providing direct assistance.
Hence, we are not responsible for any outcome between you and the Third-Party Vendors.
We shall not be responsible for any defect in Product and/or breach of or deficiency in
Service by any such third-parties. While we are not responsible or liable for any criminal
act, misconduct or act that is prosecutable in the court of law committed by any Third-Party
Vendors, we may assist the competent regulatory authorities and will take any necessary
action if and when required to address any such grievances.
3.6
You understand and agree that the offer for pay / sale of the Products or Services on the
UNIPAYIN application is not an absolute or unconditional offer. Such an offer is subject to
repudiation by us at any time before the delivery of the Product or provision of Services.
We do not have any obligation to assign or provide any reason for such repudiation and
may repudiate our offer without your consent and without any liability or obligation towards
you.
4. PRICING INFORMATION
4.1
The pricing information relating to the Product or Service shall be as communicated to us
by the respective Third-Party Vendor, and as displayed on the UNIPAYIN application and
as disclosed to you when you access information regarding such Product or Service on the
UNIPAYIN application and also at the time of your purchase/order.
4.2
The prices on the UNIPAYIN application are subject to price fluctuations, due to various
factors. Once an order is placed by you, you will be liable to pay such amount as was
displayed on the date of the order
4.3
We do not guarantee that the price will be the lowest for similar products within any given
locality, city, region or geography. Prices and availability are subject to change without
notice or any consequential liability to you.
4.4
While we strive to provide accurate information, including pricing information, relating to
the Products / Services, typographical and other errors may occur. In the event that a
Product / Service is listed at an incorrect price or with incorrect information due to an error,
we will have the right to modify the price of the Products / Services and contact you for
further instructions via the e-mail address provided by you at the time of placing an order
on the UNIPAYIN application or cancel the order and notify you of such cancellation. If we
cancel the order after the payment has been processed, the said amount will be remitted,
within a stipulated number of business days, to the account from which payment was
made by you.
5. PAYMENTS
5.1
You may be required to provide your credit or debit card details to authorised payment
gateways while making the payment for your purchase of the Products or Services offered
on the UNIPAYIN application. In this regard you agree to provide valid, correct and
accurate credit / debit card details to the authorised payment gateways for purchasing
Products or availing Services on the UNIPAYIN application. You shall not use the credit /
debit card that is not lawfully owned by you. You will be solely responsible for the security
and confidentiality of your credit / debit card details and we shall not be held liable for any
loss that you might face in this regard.
5.2
You, as a buyer, agree to the following:
We reserve the right to impose limits on the number of transactions or transaction price
which we may receive from an individual on a valid credit card/debit card / bank account or
through cash or such other infrastructure or any other financial instrument directly or
indirectly through a payment aggregator or through any such facility authorized by Reserve
Bank of India to provide support facility for collection and remittance of payment by you
during any time period, and reserve the right to refuse to process transactions exceeding
such a limit.
We reserve the right to refuse to process transactions by buyers with a prior history of
questionable charges including without limitation breach of any agreements by such
buyers with us or breach/violation of any law or any charges imposed by issuing bank or
breach of any policy.
We may do such checks as we deem fit before approving the receipt of/your commitment
to make payments for security or other reasons at our sole discretion. As a result of such
checks, if we are not satisfied with either your credit worthiness or the genuineness of the
payment or other reasons, we shall have the right to reject the receipt of / your
commitment to make payments. We may delay notifying the payment confirmation, if we
deem a transaction suspicious or in the event that you partake in high volumes of
transactions, to ensure safety of the transaction and transaction price.
5.3
While availing any of the payment methods made available on the UNIPAYIN application,
we will not be responsible or assume any liability, whatsoever in respect of any loss or
damage arising directly or indirectly to you due to:
a lack of authorization for any transaction;
exceeding the pre-set limit mutually agreed between you and the financial services
providers you deal with;
any payment issues arising out of the transaction; or
declining of transaction for any other reasons.
5.4
All payments made against any purchase of the Products or availing the Services, shall be
made in Indian Rupees.
5.5
You have specifically authorized us to collect, process, facilitate and remit the payments
electronically, through UPI, credit/debit cards, prepaid payment cards or direct bank
transfer or any other methods of payments available on the UNIPAYIN application from
time to time.
5.6
We reserve the right to change any or all parts of this Clause without liability to you or any
third-party. In the event that there is a change in this Payments Clause, we will update the
same on the UNIPAYIN application from time to time.
5.7
You shall be responsible for payment of all fees/costs/charges associated with the
purchase of Products and Services from us and you agree to bear any and all applicable
taxes including but not limited to, service tax, GST, duties and cesses, etc.
6. CANCELLATIONS.
6.1
If in case you want to cancel any of our services, then you shall be permitted to do so by
cancelling your account in our application . The cancellation will be effective once your
account is deleted.
6.2
The Product/Service specific cancellation policy will be as determined by Third-Party
Vendors, and the terms of the same will be mentioned BY THIRD PARTY VENDORS.
7. REFUNDS
7.1
Upon successful processing of a refund, you may, as per The Third-Party Vendor’s policy
(as intimated to you on the Third Party page), be eligible to receive a refund for said
Product. You hereby agree and acknowledge that we have no role in relation to the refund
of said Products / services and the same shall be processed by said Third-Party Vendors,
as per the terms specifically listed on the Third Party page.
7.2
If you are eligible for a refund, the same shall be given to you as per the following
guidelines:
The refund amount for the orders paid online or paid via credit/debit card at the time of
using the service will be refunded as per the terms and conditions mentioned by the Third
Party Vendor ( Payment Processor ) to the source account.
8. REPRESENTATIONS, WARRANTIES AND COVENANTS
8.1
You represent that:
in case you are a partnership firm or a body corporate, you are a legal entity duly formed
and validly existing under the laws of your governing state/country or in case you are an
individual, you are a natural person and not prohibited from buying the Products / availing
the Services;
you have full corporate power and absolute authority to accept these Terms and to perform
all the duties, obligations and responsibilities arising or created under or pursuant to these
Terms;
these Terms shall constitute a valid and legally binding obligation, enforceable in
accordance with its terms;
the acceptance of these Terms and delivery and performance of the duties, obligation and
responsibilities arising in or created under or pursuant to these Terms does not and shall
not conflict with, result in a breach of or default under applicable laws, or regulation, any
privacy policy, terms of use, or any order, writ, injunction or decree of any court or
governmental authority or any agreement or arrangement or understanding, written or oral,
to which you are a party to;
there are no claims, actions, suits, litigation, arbitration or other proceedings pending or
threatened against you, which question the validity or enforceability of these Terms or any
of the transactions contemplated pursuant thereto.
8.2
You further undertake that, during the term of these Terms:
you shall not copy our UNIPAYIN application;
you shall not resort to any trade practices which are fraudulent in nature or not permissible
under applicable law;
you undertake that each representation and warranty made by you in these Terms is true
and correct in all respects. You accept these Terms and you shall ensure that all such
representations and warranties remain true and correct during the subsistence of these
Terms and no omission has been made of any fact that is directly or indirectly connected
with any of the representations or which makes any of the representations misleading;
you acknowledge that we have agreed to contract with you on the basis of, and in full
reliance on, each of the aforesaid representations and warranties. None of the
representations and warranties shall be treated as qualified by any actual, implied or
constructive knowledge on our part or on the part of any of our respective agents,
representatives, officers, employees or advisers. The representations and warranties shall
not be in any manner limited by any information disclosed or made available to or received
by us or our representatives.
9. WARRANTIES AND CLAIMS
9.1
All Products and Services are offered on an “as is” basis. We hereby disclaim liability for all
such Products and Services offered on the UNIPAYIN application. We do not implicitly or
explicitly support or endorse the sale or purchase of any Products / Services manufactured
or originated from a particular third party on the UNIPAYIN application. We shall have no
obligations or liabilities in respect of any Products listed on the App. We further expressly
disclaim any warranties or representations (express or implied) in respect of quality,
suitability, accuracy, reliability, completeness, timeliness, performance, safety,
merchantability or fitness for a particular purpose of the Products / Services listed or
displayed or transacted on the App.
9.2
With respect to Services, we shall neither be liable nor responsible for any actions or
inactions of the Third-Party Vendors nor for any breach of conditions, representations or
warranties by them. We do not take any responsibility to mediate or resolve any dispute or
disagreement between you and the Third-Party Vendor.
9.3
In the event that a specific set of warranties for any Product or Service is provided by a
Third-Party Vendor i.e., by a manufacturer of the Product that is offered on the UNIPAYIN
application or a third party from whom the Product has originated, such warranties are
between the third party and you. We shall not be liable or responsible for any such
warranties. We do not take any responsibility to mediate or resolve any dispute or
disagreement between you and the third party.
9.4
Unless otherwise specified, we disclaim any and all liability arising out of or in relation to
the Content posted on the UNIPAYIN application. For the purposes of these Terms,
Content is defined as any material, information or other content posted by Third-Party
Vendors in relation to the Products / Services. You acknowledge that all Content accessed
by you while using the App is at your own risk and you will be solely responsible and liable
for any damage or loss to you or any other party resulting therefrom and we will have no
liability towards you or any other party for any damage or loss resulting from such Content.
9.5
Unless otherwise specified, the Products / Services listed on the App are presented solely
for the purpose of sale in India. We make no representations that these Products /
Services are appropriate or available for use in other locations/countries other than India.
Those who choose to access this site from locations/countries other than India do so on
their own initiative and we are not responsible for fulfilling our obligations in respect of
these Products / Services ordered from locations/countries other than India, or compliance
with local laws, if and to the extent local laws are applicable.
10. INDEMNIFICATION AND LIMITATION OF LIABILITY
10.1
You agree to indemnify, defend and hold the Company, its affiliates, its and its affiliates’
directors, officers, employees, agents and representatives harmless from and against any
and all losses, liabilities, claims, damages, demands, costs and expenses (including legal
fees and disbursements in connection therewith and interest chargeable thereon) asserted
against or incurred by us that arise out of, result from, or may be payable by virtue of, any
breach of any representation, warranty, covenant or agreement made or obligation to be
performed by you pursuant to these Terms or any Additional Terms applicable to the
purchase of Products and/or Services.
10.2
In no event shall the Company, its affiliates, its and its affiliates’ officers, directors,
employees, agents or representatives be liable to you or any third party for any direct,
special, incidental, indirect, consequential or punitive damages whatsoever, including
those resulting from loss of use, data or profits, whether or not foreseeable or whether or
not we have 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 purchase of the Products and Services
herein. Notwithstanding anything to contrary, our entire liability to you under this Terms or
otherwise shall be limited to the refund of the moneys paid by you, for any Product or
Service in connection with which the claim has arisen, which amount shall be refunded to
you.
10.3
The limitations and exclusions in this section shall apply to the maximum extent permitted
by applicable law.
11. GOVERNING LAW
11.1
These Terms shall be construed in accordance with the laws of India.
11.2
All claims, differences and disputes arising under or in connection with or in relation to
these Terms or any transactions entered into on or through the UNIPAYIN application or
the relationship between you and the Company shall be subject to the exclusive
jurisdiction of the courts in Hyderabad only and you hereby accede to and accept the
jurisdiction of such courts.
12. SEVERABILITY
Where any particular term or provision of these Terms is determined under applicable law
to be un-enforceable, such un-enforceable term(s) shall be severed from and will not affect
any other terms. The Company reserves the right to substitute any such un-enforceable
term or provision with a suitable and enforceable provision at its sole discretion. The failure
of either party to exercise, in any respect any right provided for herein shall not be deemed
a waiver of any further rights hereunder. Waiver of compliance in any particular instance
does not mean that we will waive compliance in the future. In order for any waiver of
compliance with these Terms or any Additional Terms to be binding, we must provide you
with written notice of such waiver through one of our authorized representatives.
13. ASSIGNMENT
You shall not have the right to assign these Terms or any of your rights and obligations
under these Terms directly or indirectly without obtaining our prior written consent.
Notwithstanding anything to the contrary contained in these Terms, we will have the right
to assign these Terms or any of our rights and obligations under these Terms, directly or
indirectly, without your prior written consent.
14. GRIEVANCE OFFICER
In accordance with the IT Act, 2000 and rules made thereunder and other applicable laws,
the name and contact details of the Grievance Officer are provided below:
You may write to the Grievance Officer at the following address:
Name: Ms Bindu Rao
Email: support@unipayin.com
You have read these Terms of Use and agree to all of the provisions contained above