Mobilepay

The Mobilpay website www.mobilpay.in and www.pay.mobilpay.in and all related services, related sites, applications and tools (collectively referred to hereinafter as the Mobilpay solution), are being provided to you by Anvita Business Services Pvt Ltd. ("Mobilpay," "we" or "our ) a limited liability Company registered in India, with its principal place of business located at Gurugram

By accessing or using the Mobilpay Solution after accepting the terms and conditions electronically or digitally or upon execution of a physical copy of these terms and conditions, you signify that you have read, understood and agree to be bound by this Mobilpay Solution Payment Services Agreement and other terms and conditions incorporated herein by reference and you understand that you are formally entering into an agreement with Anvita Business Services Pvt Ltd(collectively this "Agreement"). This Agreement explains the terms and conditions by which you may use the Mobilpay Solution . This Agreement shall be deemed to have become effective on the day you accept the terms and conditions on the Mobilpay Solution or on the day on which you have executed a physical copy of this Agreement (the Effective Date). This Agreement is a legally binding contract entered into by you and your continued use of the Mobilpay Solution shall deem to mean that you have read, understood and agree to comply with the terms and conditions provided herein. This agreement is applicable only for Merchants desiring to use the Mobilpay Solution for merchant / business services.

The terms and conditions contained hereinafter (“Terms of Use”) shall apply to the use of the website www.mobilpay.in or https://pay.mobilpay.in and any other linked pages, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by Mobilpay

Any person logging on to or using the Mobilpay Solution (even when such person does not avail of any services provided on the Mobilpay Website , (“User” or “you”) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately provided on the Website) and unconditionally accepted the terms and conditions set out herein and this constitutes a binding and enforceable agreement between the User and Mobilpay. These Terms of Use does not alter in any way the terms or conditions of any other written agreement you may have with Mobilpay for other services.

Please read the terms set out hereunder carefully before agreeing to the same. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Website. You can accept the Terms of Use by:

Clicking to accept or agree to the Terms of Use, where this option is made available to you by Mobilpay in the User interface for any particular Service; or

Accessing or actually using the Services. In this case, you understand and agree that Mobilpay will treat your use of the Services as acceptance of the Terms of Use from that point onwards.

Please note that we reserve our right to amend or supplement these terms and conditions from time to time, with prior notification to you. If substantial changes are made to these terms and conditions, you shall be given 7 (seven) days notice to accept the new terms. Your continued use of the Mobilpay Solution after the expiry of the 7 (seven) days notice shall signify your acceptance to the revised terms and conditions. you can access the latest terms and conditions along with other terms, privacy policy and disclosure requirements relating to your use of the Mobilpay Solution on your website.

Mere access to or installation of the Mobilpay Solution on any electronic device neither confirms your eligibility to access the services provided by the Mobilpay Solution and its various functions nor deems our acceptance to include you as a merchant in the Mobilpay Solution . you shall be included as a merchant only after clearance of 'Know your Customer' requirements and compliance with the 'Acceptable Use Policy', which are incorporated into this Agreement by reference- collectively called as “Registration” with Mobilpay. you understand that your limited access to the Mobilpay Solution and most of its features is subject to your Know your Customer (KYC) requirements getting cleared. We reserve our right to terminate your access and this Agreement with immediate effect without notice if it is found that you are not in compliance with the KYC requirements or the Acceptable Use Policy.

You acknowledge and agree that while Mobilpay may not have currently set a fixed upper limit on the number of transactions you may send or receive through the Services, such fixed upper limits may be set by Mobilpay at any time, solely at Mobilpay’s discretion.

Definitions

For the purpose of this Agreement the following words shall have the meaning ascribed to them hereunder:

"Activation Date" has the definition ascribed to such term in Section 8 of this Agreement.
"Agreement" means this Mobilpay Solution Agreement, including all exhibits, Annexures and other agreements and documents incorporated herein.
"Bank Account" means the bank account that you specify in the Mobilpay Solution to receive your due (payout) Amounts.
"Chargeback" means a challenge to a payment that a buyer files directly with his or her bank.
“Child IDs” refers to sub users created by merchant for receiving payments in a distributed fashion consolidated under the Merchant ID
“Device” refers to smartphone or tablet running on Android Ver.4.0 and above
"User" means an individual/entity who is your client/customer, and wishes to make payment for the goods/services procured from you through the Mobilpay Platform.
"Intellectual Property" and “Intellectual Property Rights” has the definition ascribed to such term in applicable Section below.
"Invalidated Payment" has the definition ascribed to such term in applicable Section below.
“Merchant ID” refers to the unique identifier created for the contracting merchant in the Mobilpay database
"Partner Bank" shall mean the Bank(s) who have agreed to accept payment requests from Mobilpay and related application services.
"Payment Cycle" shall mean the Payment option provided by Mobilpay for settlement of Due (Payout) Amount, based on a due-diligence of your business. This is subject to both parties agreeing to a common understanding
"Payment Facilitating Services" has the definition ascribed to such term in applicable section.
"Due (Payout) Amount" refers to any amount due to Merchant from the customer pursuant to the transaction.
"Reserve" refers to an amount of your Due (Payout) Amount held back by Mobilpay that we hold in order to protect the “user” against the risk of Chargebacks, or any other risk, exposure and/or liability related to your use of the Mobilpay Solution Payment Services.
"Restricted Activities" any breaches of our Acceptable Use Policy and any activity specified in applicable section.
"Trademarks" has the definition ascribed to such term in applicable section.
"Transaction" means any purchase transaction between you and buyer/customer(“user”) for which the buyer needs to make a payment to you.
"Transaction Data" has the definition ascribed to such term in applicable section.
"Transaction History" is the historical, consolidated view of all transactions conducted on your app/website by using the Mobilpay Solution.

Mobilpay Solution Payment Services

Through the "Mobilpay Solution ", we are offering payment facilitation services that provides you as merchant, the ability to accept payments from your customers (hereinafter referred to as the Payment Facilitation Services). The Payment Facilitation Services are provided through Partner Banks with whom Mobilpay has entered into various understandings and agreements. For avoidance of doubt, we are only providing you access to the Mobilpay Solution for the Payment Facilitation Services. Responsibility of providing products and services as promised to your customers shall entirely be upon you.

Upon execution of this Agreement, electronically or physically, Mobilpay grants you a limited, revocable, non-exclusive, non-transferable license to use the Mobilpay Solution . This license grant includes the software and all updates, upgrades, new versions and replacement software for your use in connection with the Mobilpay Solution . you may not rent, lease or otherwise transfer your rights in the software to a third party. you must comply with the implementation and use requirements contained in all Mobilpay documentation accompanying the software. If you do not comply with Mobilpay’s instructions, implementation and use requirements you will be liable for all resulting damages suffered by you, Mobilpay and third parties. Unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software. Upon expiration or termination of this Agreement, you will immediately cease to use all softwares related to the Mobilpay Solution .
When you apply to become a merchant, directly with us or through any of our Partner Banks, we or the Partner Bank shall collect information about you and your business, and confirm your identity to satisfy our “anti-money laundering" and “know your customer" requirements as prescribed by statute. By proving consent to your application to become a merchant, you authorize us and the Partner Banks to obtain financial /company / credit information (including from third parties) relating to you or relating to any of your authorised signatories, your directors, officers and principals. We may use this information (and other information available to us) for our evaluation criteria. Mobilpay reserves the right to terminate this Agreement with immediate notice to you at any time before the “know your customer" process is completed, or not completed satisfactorily. Mobilpay reserves the right to increase or decrease limits on the total value of the payments or transactions that you can receive or the number of transactions you can receive , based on the evaluation of your “Know your customer" documents and as directed by our partner banks

Fees, Taxes and Other Charges

Fees – In consideration of the Services rendered by us, you shall pay Mobilpay a fee (“Fee”). The standard fees applicable to the Mobilpay Solution Payment Services are as per individual agreements. Mobilpay reserves the right to revise the Fee periodically and we will intimate you of any such change through email or through physical mail (incl Courier) and your continued use of the service shall be subject to acceptance of the revised fee. All applicable fees shall be deducted upfront upon settlement of the applicable Due (Payout) Amount by the Partner Bank or as agreed separately under the Agreement. In the event any dispute is raised in good faith as to the amount of fees, by us or the Partner Bank, the same shall be settled mutually between you, Partner Bank and Mobilpay.

Right to Set-off – Mobilpay’s Partner Banks will pay all Due (Payout) Amounts to your Bank Account on a per transaction basis, after deduction of any applicable fees, applicable taxes and/or any other amounts due to Mobilpay or the Partner Bank. Mobilpay reserves the right to set-off any amounts which are classified as Invalidated Payments (as defined under Clause 4 herein) from future Due (Payout) Amount.
Taxes - Unless otherwise stated, all charges, fees and other payments payable by you under the Agreement are exclusive of applicable taxes such as (including but not limited to) applicable GST and other Government levies and cess
Other Charges: All other Charges related to integration of services provided by Mobilpay with your CRM/accounting PoS etc will be borne by you.

Restricted Activities, Representations and Warranties

Restricted activities - In connection with your use of the Mobilpay Solution , or in the course of your interactions with Mobilpay, you are required to and hereby agree to comply at all times with the Mobilpay Acceptable Use Policy
Representations and warranties by Merchant
1. you represent that you have the full power and authority to execute, deliver and perform this Agreement. This Agreement is valid, binding and enforceable against you in accordance with the terms herein and no provision requiring your performance is in conflict with your obligations under any constitutional document, charter or any other agreement (of whatever form or subject) to which you are a party or by which you are bound.
2. you further represent and warrant that you are duly organized, authorized and in good standing under the laws of the state, region or country of your organization and are duly authorized to do business in all other states or regions in which your business make such authorization necessary or required.
3. you expressly agree and warrant that you will not:
  1. Breach this Agreement, or any other agreement that you have entered into with us in connection with the Mobilpay Solution ;
  2. Breach any law, statute, regulation, or contract;
  3. Use the Mobilpay Solution in a manner that could result in a violation of anti-money laundering, counter terrorist financing and/or such similar illegal activities;
  4. Fail to provide us with any information that we request about you or your business activities, or provide us with false, inaccurate or misleading information; Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
  5. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
  6. Reveal your access credentials to anyone else or use anyone else's access credentials to access the Mobilpay Solution ;
  7. Will not hold Mobilpay or any of its employees, Directors, representatives etc., responsible for losses incurred by you due to your own negligence in keeping the access credentials safe and secure; or
  8. Integrate or use any of the Mobilpay Solution without fully complying with all requirements communicated to you by Mobilpay.
4. you further represent and warrant to Mobilpay that all data and entries delivered to Mobilpay by you will (a) be correct in form, (b) contain true and accurate information, (c) be fully authorized by the customer, and (d) be sent on a timely basis as per the terms and provisions of this Agreement.

Invalidated Payments

You must compensate and keep us, our employees, representatives, agents and consultants free from any claims, losses, expenses or liability which we may incur arising out of

a transaction or dispute between you and your customer(s);
an invalid transaction, refunds, over-payment, Chargeback and any other expenses (collectively "Invalidated Payments"));
any error, negligence, willful misconduct or fraud by you or your employees or due to systemic errors; or (iv) any losses suffered by us as a result of your failure to comply with your obligations under this Agreement.

Actions We May Take

Actions by Mobilpay
1. If Mobilpay has reasons to believe that there is a higher than normal risk associated with your Transactions, in particular if Mobilpay believes that you have breached the terms of this Agreement, we may take various actions to avoid Refunds, Reversals, Chargebacks, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
2. If we believe that you are in breach of your obligations under this Agreement, including without limitation compliance with the Acceptance Use Policy, we may with or without any prior notice, at any time and without liability, take such actions including but not limited to limiting or suspending your right to use the Mobilpay Application. We may, in our sole discretion, give you advance notice of any limitation or suspension, but in situations where we believe that your use of the Mobilpay Application represents a security threat or involves fraud or any other illegal activities, we shall terminate the agreement forthwith without sending any prior notice before suspension or termination to protect Mobilpay and community interests

Refuse any Transaction at any time, provided that, upon request and where possible, we will provide the reasons for such refusal and steps for resolution of the problem.
Change the Payment Cycle or as mandated by RBI or the competent authority from time to time.
Reserves
1. Mobilpay, in its sole discretion, may hold reserves to mitigate any risks related to your Transactions. We may do this by asking for an interest free refundable security deposit, which will be held with us during the tenure of the agreement or released earlier, as deemed fit. If Mobilpay imposes a Reserve, we will provide you with a notice specifying the terms of the Reserve. Mobilpay may change the terms of the Reserve at any time by providing you with notice of the new terms. you agree that you will remain liable for all obligations related to your Transactions even after the release of any Reserve.

Intellectual Property, Publicity

1 Intellectual Property

"Intellectual Property" means all of the following owned by a party: (a) trademarks and service marks (registered and unregistered) and trade names, and goodwill associated therewith; (b) patents, patentable inventions, computer programs, and software; (c) databases; (d) trade secrets and the right to limit the use or disclosure thereof; (e) copyrights in all works, including software programs; and (f) domain names. The rights owned by a party in its Intellectual Property shall be defined, collectively, as "Intellectual Property Rights." Other than the express licenses granted by this Agreement, Mobilpay grants no right or license to Merchant by implication, estoppel or otherwise to the Mobilpay Solution or any Intellectual Property Rights of Mobilpay or to the Mobilpay Solution as a whole. Each party shall retain all ownership rights, title, and interest in and to its own products and services and all intellectual property rights therein, subject only to the rights and licenses specifically granted herein.
You acknowledge and agree that Mobilpay (or Mobilpay's licensors) own all legal right,title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Mobilpay and that you shall not disclose such information without Mobilpay's prior written consent .
Unless you have been expressly authorized to do so in writing by Mobilpay, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.

1. Trademarks

License to Mobilpay Trademarks. Subject to the terms and conditions of this Agreement, Mobilpay grants you, during the term of this Agreement, a limited, revocable, non-exclusive, non-transferable license to use Mobilpay’s trademarks to identify the Mobilpay Solution and the Mobilpay Solution (the "Trademarks"). Mobilpay grants no rights in the Trademarks or in any other trademark, trade name, service mark, business name or goodwill of Mobilpay except as licensed hereunder or by separate written agreement with you. Merchant agrees that it will not at any time during or after this Agreement assert or claim any interest in or do anything that may adversely affect the validity of any Trademark or any other trademark, trade name or product designation belonging to or licensed to Mobilpay (including, without limitation registering or attempting to register any Trademark or any such other trademark, trade name or product designation). Upon expiration or termination of this Agreement, Merchant will immediately cease all display, advertising and use of all Mobilpay Trademarks.

2. Publicity

You(merchant) hereby grant Mobilpay permissions to use your name and logo in its marketing materials including, but not limited to use on www.mobilpay.in or related pages or on any components of the Mobilpay Solution and/or Mobilpay Customer Application where the Merchant's name and logo shall be made a part of customer listings, interview section and/or in press releases, as applicable.

3. Indemnification

Merchant agrees to defend, indemnify, and hold harmless, Mobilpay, our affiliates and subsidiaries, the people who work for us or who are authorised to act on our behalf from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your violation of any law or the rights of a third party.

1. Limitation of liability

NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE MOBILPAY SOLUTION , WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHER CAUSE OF ACTION (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, GOODWILL, PROFITS, INVESTMENTS, USE OF MONEY, OR USE OF FACILITIES; INTERRUPTION IN USE OR AVAILABILITY OF DATA; STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS; OR LABOR CLAIMS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL MOBILPAY’s TOTAL AGGREGATE LIABILITY TO MERCHANT OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED INR.5000/- (RUPEES FIVE THOUSAND ONLY) OR THE AMOUNTS PAID BY MERCHANT TO MOBILPAY BY WAY OF FEES UNDER THIS AGREEMENT DURING THE FIRST SIX MONTH PERIOD AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, WHICHEVER IS LESS. FOR THE AVOIDANCE OF ANY DOUBT, NOTHING IN THIS AGREEMENT SHALL LIMIT THE LIABILITY OF EITHER PARTY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD OR TORT.

1. Disclaimer of warranties

THE MOBILPAY SOLUTION PAYMENT SERVICE AND THE MOBILPAY SOLUTION IS PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. MOBILPAY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, TO MERCHANT AS TO ANY MATTER WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOBILPAY OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF MOBILPAY'S OBLIGATIONS.

Uptime

During the term of this Agreement, Mobilpay shall use its commercially reasonable efforts to provide the Mobilpay Solution without interruption. However, the parties acknowledge that the Mobilpay Solution is an internet and computer network based service which may be subject to outages and delay occurrences. Furthermore Mobilpay is also dependent upon its Partner Bank networks and these may occasionally be restricted due to various reasons beyond the control of Mobilpay. Mobilpay will also not be responsible for any outages or delays due to such occurrences. As such, Mobilpay does not guarantee continuous, or uninterrupted access to the Mobilpay Solution Payment Services . Mobilpay shall not be liable for any delay or failure in our provision of the Mobilpay Solution under this Agreement.
You (“Merchant”) acknowledges that your access to the www.mobilpay.in/website/ Mobilpay Solution and related applications may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services or for factors beyond Mobilpay’s control. Mobilpay will make reasonable efforts to ensure that Transactions are processed in a timely manner. Mobilpay will not be liable in any manner for any interruptions, outages, or other delay occurrences relating to the Mobilpay Solution Payment Service.

REMOVAL AND CESSATION OF BUSINESS

The Merchant shall inform Mobilpay of any removal of shops or offices, change of address and/or its cessation of business in writing 30 working days prior to its effective date to enable Mobilpay to inform its users accordingly .

Term and Termination

The initial term of this Agreement shall commence upon successful registration on the www.mobilpay.in website or Mobilpay Solution mobile application or by physically signing this agreement and using the Mobilpay Solution or registration by an authorised representative or employee of Mobilpay on behalf of the Merchant and activation by Mobilpay for productive use (Activation Date). Thereafter this Agreement shall continue on until terminated as set forth herein.
Notwithstanding any other provisions in this Agreement, this Agreement may be terminated by you by giving at least thirty days prior notice in writing to Mobilpay
You must stop usage of the web api or mobile sdk,with immediate effect from the start date of such notice
Mobilpay may terminate this Agreement, without cause, forthwith without prejudice to due completion and payment in respect of all transactions processed and accepted by Mobilpay on or before the termination date.. However, this will not affect Mobilpay’s right to (i) suspend our services according to Section 5.01 or, (ii) terminate at any time this Agreement with cause, in case of an important cause pursuant to which you breach your duties cited in this Agreement rendering infeasible or considerably aggravate the continuation of our business relationship with you. In case of any other breach of this Agreement, we will terminate only after unsuccessful lapse of a reasonable prior notice to remedy the breach.
In case of inactivity of the merchant exceeding three months, Mobilpay has the discretion to unilaterally terminate the agreement with immediate effect, and the merchant shall not have any recourse to Mobilpay. Mobilpay’s decision being final and binding on the merchant in this regard .
Any termination shall not affect any liabilities incurred prior to the termination nor any provision expressed to survive or to be effective on termination and (but without prejudice to the foregoing) clauses 8, 9, 11, 15, 16, 17 and 18 and this clause shall remain in full force and effect notwithstanding termination.

General Provisions

1. Independent Contractors
The relationship between you and Mobilpay is that of independent contractors. Neither you nor your employees, consultants, contractors or agents are agents, employees, partners or joint venture partners of Mobilpay, nor do they have any authority to bind Mobilpay by contract or otherwise to any obligation. They will not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

2. Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the remaining provisions not so declared shall nevertheless continue in full force and effect, but shall be construed in a manner so as to effectuate the intent of this Agreement as a whole, notwithstanding such stricken provision or provisions.

3. Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach.

4. Assignment
This Agreement is not assignable but in case of the Merchant being an individual or individuals shall bind his or their respective estates. Mobilpay is entitled at any time to assign this Agreement or any of their rights and obligations herewith in favour of any subsidiary or associated company of Mobilpay or other company and to sub-contract or appoint any agent or agents to carry out any of Mobilpay's obligations herein.

5. Amendments
Mobilpay reserves its right to amend these terms and conditions from time to time at its sole discretion. Changes to this Agreement may be intimated to you by way of sending you an e-mail or an app notification. you will be deemed to have consented to all such changes unless you explicitly dissent. In case you do not agree to the changes, you may terminate this Agreement without any extra cost at any time. In cases where we add extra functionality to the existing services or any other change which we believe in our reasonable opinion to neither reduce your rights nor increase your responsibilities, we reserve our right to do so without any email or notification.

6. Survival
Merchant remains liable under this Agreement in respect to all charges and other amounts incurred through use of the Mobilpay Solution at any times, irrespective of termination of this Agreement. All representations, covenants and warranties and all terms that by their nature are continuing shall survive the termination or expiration of this Agreement.

7. Force Majeure
Mobilpay shall not be liable for its failure to perform as a result of any event of force majeure events like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of Mobilpay Solution .

Contact for enquiries, communication and availability of contractual documents

If you have a question or complaint relating to the Mobilpay Solution or your Transactions, please contact the Mobilpay Solution merchant support on care@mobilpay.in
All information relating to the services described in this Agreement and all merchant service support and other communication during the contractual relationship will be provided in the English language only. If required Hindi or any regional language shall be used to the best of our ability.
The general terms and conditions for the Mobilpay Solution will be available at all times on www.mobilpay.in website and/or be made available during signup process.

Disclaimer of warranty

Mobilpay disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness for a particular purpose. The Merchant acknowledges that the Mobilpay Solution facility may not be uninterrupted or error free and agrees not to claim any dispute on Mobilpay.

1. Limitation of liability

Mobilpay and its vendors (and any officers, directors, employees and agents of the Parties and their vendors) shall not be liable for any consequential, incidental or indirect damages under any theory or cause of action whether in tort, contract or otherwise, regardless of whether Mobilpay has been advised of the possibility of such damages In no cases shall the Merchant be entitled to punitive or exemplary damages.
You may be required to accept separate terms and conditions as required by your Bank whose services are used by the Mobilpay Solution . At no time shall Mobilpay be held liable for any breach of such separate terms and conditions by you or the bank.
Except for Partner Banks, neither this Agreement nor any provision hereof is intended to confer any rights or remedies onto any third parties who are alien to this Agreement.

2. Notices

Notice to Merchant. Merchant agrees that Mobilpay may provide notice to Merchant by sending an app notification or SMS, emailing it to Merchant, or sending it to Merchant through postal mail. Notices sent to Merchant by postal mail shall be considered received by Merchant within 7 Business Days of the date Mobilpay sends the notice unless it is returned to Mobilpay. In addition, Mobilpay may send Merchant emails or app notifications or SMSs, including, but not limited to instances where it relates to product updates, new features and offers and Merchant hereby consents to such email, SMS or app notification.
Notice to Mobilpay. Notice to Mobilpay must be sent by postal mail to Anvita Business Services Pvt Ltd, 202,SAS Towers,Sector 38, Gurgaon,Haryana 122005.

Governing Law and Jurisdiction

This Agreement and all terms and conditions herein shall be as per the laws applicable in Indian and the Indian laws shall govern this Agreement. The competent courts of Gurgaon- India shall have exclusive jurisdiction over all disputes arising out of or in connection with this Agreement.

General

If signed by a firm, the expression" the Merchant" shall include the person or persons from time to time carrying on the business of such firm and, if, there are two or more signatories hereto, the expression " the Merchant" shall include all and each of them and their liabilities under this Agreement shall be joint and several. The person authorized to sign this agreement has got power and authority from the concerned authority and make them liable as per the governing laws.
If any provision of this Agreement is, or proves to be or becomes illegal, invalid, or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be in any way affected thereby.
This Agreement shall be deemed to have been made when it is signed both on behalf of Mobilpay and on behalf of the Merchant.
Any notice or communication by either party to the other shall be in writing and shall be deemed to have been duly given if either delivered personally or by prepaid registered post addressed to the other party at the appropriate address stated above or at other such address as such party hereto hereafter specify to the other party.
In this Agreement if the context permits or requires words importing the masculine gender shall include the feminine and neuter genders, and words in the singular number shall include the plural number and vice versa.
All costs (including costs between the Advocate and client), charges, expenses, taxes, duties (including stamp duty) in relation to this agreement and any document executed pursuant thereto and in relation to the enforcement of this agreement shall be borne and paid by the merchant alone.
Entire Agreement: This Agreement constitutes the entire agreement between Merchant and Mobilpay pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the Parties.
Survival Of Provisions: Notwithstanding any other provision to the contrary herein, terms which by their nature survive termination or expiration of this Agreement shall bind the parties following any expiration or termination of this Agreement.
Liability Upon Expiration: Neither Party shall be obligated to extend or renew this Agreement. The Merchant shall be liable for all the Transactions undertaken in terms of this Agreement during the term of this Agreement even after expiry of this Agreement.
Headings and sub - headings: The headings and sub headings in this Agreement are for convenience only and do not affect the meaning of the relative section / clause.
Notices: Any notice, direction or instruction given under this Agreement shall be in writing and delivered by hand, post, cable or facsimile as specified in the Schedule. Notice and instructions will be deemed served 7 days after posting or upon receipt in the case of hand delivery, cable or facsimile.

Privacy

We care about the privacy of our Merchants as well as users. View Our Privacy Policy. By using the Mobilpay Solution , you are consenting to have your personal, professional and business data collected, used, transferred are per this Agreement. We represent that we have implemented technical and organizational measures, as per industry standards, designed to secure your information from accidental loss and from unauthorized access, use, alteration or disclosure, and we shall constantly upgrade such measures and strive to keep all such information secured from unauthorized third parties access.

Promotional Offers

Mobilpay may run various promotional offers for Mobilpay Users including but not limited to offering Mobilpay Users cashbacks and/or promotional codes and/or additional discounts (collectively referred to as Promotional Offers) for offers sponsored by Mobilpay .Hence there shall be no change in the price fixed by you for goods and services offered to Mobilpay Users unless otherwise agreed between you and Mobilpay-where you may choose to offer cash backs and discounts to you own customers who are using the Mobilpay Solution.
ACKNOWLEDGEMENT – YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL THESE TERMS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF AVAILING THE SERVICES AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENTS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

ANNEXURE A

The Mobilpay Solution

Mobilpay provides Merchants with the ability to accept payments from customers for goods and services availed by such users- directly into your designated bank account through web/mobile application used on an Internet enabled desktop or mobile device .Mobilpay, through the Mobilpay Solution extends the facility to Mobilpay users to pay for such goods and services through their linked bank account,Debit Card,Credit card,Netbanking account,Virtual Payment Address (UPI),Aadhaar Linked bank account or digital Wallet as legitimate payments for goods/services purchased. Mobilpay will provide Merchants with the access to its software and connectivity with various Banks thereby allowing real-time secure data transmission and facilitation of payments.
It should be specifically noted that Mobilpay is “only” providing a method of payment (last mile in a transaction) for the goods/services offered by you to your customers. At no time shall Mobilpay be held responsible for the delivery, delivery commitment, quality or quantity of goods/services offered by you to your customers.
Mobilpay does not offer any goods or services on its website nor does Mobilpay have any role or any part in the provision of goods/services by you to your clients. All issues in regards to delay in delivery, customer dis-satisfaction due to quality/quantity/delay in delivery shall be exclusively handled by you (“Merchant”) and you are responsible for ensuring that the payment received is refunded or credited back to customer in case of any dispute.
Mobilpay shall however at all times be entitled to return all monies debited from any Mobilpay User account in case the user claims chargeback due to Merchant's deficiency in quality/quantity/delay in delivery of product or service.
As a merchant you shall be required to indemnify us against any product or service or delivery issue raised by a customer.

Getting started

At the time of your sign up as a Mobilpay merchant, Mobilpay will collect information about you and your business, and confirm your identity in accordance with its "anti-money laundering" and "know your customer" requirements before you have full access to the Mobilpay Solution Payment Services and receipt of payments is possible. Mobilpay will notify you immediately when this mandatory process is completed. Mobilpay may let you create transactions before this process is complete. Any transactions you create before such time are subject to satisfactory completion of such process. Kindly review the KYC requirements.
Upon successful completion of the KYC requirements, the Mobilpay Solution will be enabled for you with a merchant ID and a password shall be provided by Mobilpay .
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 by you to protect your password or account.
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 care@mobilpay.in . In the event of any dispute between two or more parties as to ownership of any particular account with Mobilpay, you agree that Mobilpay will be the sole arbitrator of such a dispute and that Mobilpay’s decision in this regard will be final and binding on all parties.

How to receive payments

On successful completion of the registration and verification by Mobilpay, you will be able to receive payments into your designated bank account.You need to make sure that the details provided by you are correct and you execute the agreement online or physically with Mobilpay.

Receiving payments, Bank Account and Payouts

Mobilpay will facilitate payment proceeds from a Mobilpay User’s linked bank,credit card,UPI or wallet account to a Mobilpay Solution linked bank account specified by the merchant. Subject to the terms of the Agreement with Mobilpay, its Partner Bank will facilitate credits to your Bank Account of all amounts due to you from your customers who have paid through the Mobilpay Solution after deduction of the Merchant Discount Rate (“MDR”) as mutually agreed and applicable taxes thereon .
Such deductions will be made upfront and the payments will be effected as per agreed Payment cycle. Based on the agreement between Mobilpay and any Partner Bank, the Mobilpay Application may not facilitate transfer of decimal amounts (paisa etc.). In all such cases, the payments shall be rounded-down to the nearest rupee.
The merchant must inform Mobilpay of the designated bank account for receiving the Due (Payout) Amount from Mobilpay. Such Bank Account must be KYC compliant with the respective bank and be eligible to receive monies transferred by Mobilpay. Mobilpay will not be liable for any delays in receipt of funds or errors in the Bank Account entries caused by third parties, including but not limited to delays or errors by the partner/payment banks or your bank.
All payments received by any child ID shall be consolidated under the designated merchant ID
With prior notice, you can change your Bank Account by way of contacting Mobilpay’s merchant services Centre - via email (confirmed by Mobilpay hrough a return mail ) or physical letter. Intimation over phone shall not be binding on Mobilpay-and submitting the necessary documentation and information. The change would be effected subject to verification of the account status with the merchant’s bank and necessary requirements of Mobilpay Partner Bank
Mobilpay will also conduct verification check of the bank account and other details submitted by you at the time of registration, for which purpose you will be required to furnish certain documents as listed in this agreement. We may also ask you to furnish certain additional documents for verifications purposes. Nature of such documents, will be at our sole discretion.
You agree that we are only required to make commercially reasonable efforts to make sure that funds are credited to your Bank Account within the mutually agreed frequency and duration (“cut-off”) subject to reconciliation with the relevant partner institutions/banks. We will not be liable for any delays beyond our control or due to computer, network and other issues.

Payment Cycle and fees

In consideration of the Services rendered by us, you shall pay Mobilpay a fee (“Fee”). Mobilpay reserves the right to revise the Fee periodically and we will intimate you of any such change within reasonable time. On receipt of the payments in the nodal account, we will endeavour to instruct the nodal bank to transmit the payments payable to you (“merchant”), after deducting our Fee, from the nodal account to your designated bank account
Based on the risk parameters as well as due diligence conducted by Mobilpay, an appropriate Payment Cycle will be offered to you. Currently Mobilpay offers a T+2 Payment Cycle (where “T” is the date of the transaction) where payments made by the user are credited to the merchant bank account after 2 days. Mobilpay reserves the right to change the Payment Cycle after due notice
Subject to any other provisions of these Terms of Use and completion of transaction, the merchant acknowledges that we will settle the payments only upon actual receipt of payments in the nodal account and upon reconciliation of the payments by the Acquiring Banks, our payment gateway and the nodal bank. The seller will bear and be responsible and liable for the payment of all relevant taxes in relation to the payments made under these Terms of Use.

Chargeback

A Transaction may become subject to a Chargeback even after settlement, or be invalidated for any other reason. If any of Merchant's Due (Payout) Amount are subject to any such event then the Merchant is required to pay to customer and/or Mobilpay, as necessary:

the full amount of the original Transaction;
any fees and cost incurred by customer or Mobilpay in this respect;
any Chargeback fees according to this Agreement.

Mobilpay reserves its right to set-off any chargebacks from future Due (Payout) Amounts if the user disputes the transaction

Security of your access, unauthorized transactions

You agree not to allow anyone else to have access to or use your password details and comply with all reasonable instructions we may issue regarding how you can keep your payment instrument safe.
You need to keep your personal details up to date. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us.
you are required to take all reasonable steps to protect the security of the personal electronic device through which you access the Mobilpay Solution (including, without limitation, using pin and/or password protected personally configured device functionality to access the Services and not sharing your device with other people).

Statements / overviews

You may check at any time in your Mobilpay Solution merchant account, the entire Transaction history of your expected (billed but pending collections) and realised collections,
Mobilpay will also provide you with the facility to download detailed MIS of amounts collected as well as a email intimation of amounts remitted to your Bank Account, with transaction date and the merchant id under which the collections were made .

Merchant Terms & Conditions

Payments

Mutual Fund

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