By accessing and using the website at https://paygenius.in, you are acknowledging and agreeing to abide by these Terms of Service, as well as all applicable laws and regulations. If you do not agree with any of these terms, please refrain from using or accessing this site. The materials and content presented on this website are protected by copyright and trademark laws. It is your responsibility to ensure compliance with any relevant local laws while using this site.
These terms and conditions ("Terms") constitute a binding agreement between Paygenius Payment Solutions Private Limited ("Paygenius," "we," "us," or "our"), a company duly incorporated under the Companies Act, 2013, with its registered office located at E-77, TF, KH 466, 242, AF Enclave Part-I, Okhla, Jamia Nagar, South Delhi, Delhi - 110025, and any natural or legal person ("you" or "your") who accesses or utilizes our platform in any manner. This agreement encompasses the use of any current or future services, functionalities, or offers made available on the platform, as may be updated periodically.
By accessing or using the Platform, you expressly agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using the Platform and Services (as defined below). Should you have any inquiries regarding these Terms, please contact us at info@paygenius.in. Please be aware that your access to the Services, as well as any other platforms, offers, or promotions related to the Services provided by us or our affiliates, may be subject to additional terms and conditions, policies, or guidelines ("Additional Terms") in conjunction with these Terms. These Terms do not modify the terms or conditions of any other written agreement you may have with Paygenius for specific Services. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail to the extent of such inconsistency with respect to the applicable Service. These Terms govern your use of the Platform and any transactions or interactions conducted thereon.
For the purposes of these Terms, "Platform" refers to https://www.paygenius.in/, including its corresponding mobile application, wallet, website, tablet, desktop, device, or any other digital medium or operating system provided by Paygenius. The Platform encompasses applications controlled and managed by us that interact with one or more such mobile applications, wallets, websites, tablets, and digital modes provided by us, on which you may avail of the Services.
Please note that we may periodically update the Terms governing your use of the Platform. Each time you wish to use our Platform, please review these Terms to ensure you understand the applicable terms and conditions. Additionally, we reserve the right to modify the format and content of the Platform or to suspend its operation for support or maintenance work, content updates, or any other reason, at any time.
Any access, browsing, or other use of the Platform indicates your agreement to these Terms, the privacy policy of the Platform (available here: Privacy Policy), and any other policies or guidelines that may be applicable at the time of your access and use of the Platform, which may be updated from time to time (collectively, the "Agreement").
This document constitutes an electronic record as defined under the Information Technology Act, 2000, and the applicable rules promulgated thereunder, as well as the amended provisions relating to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require physical or digital signatures.
By accepting this Agreement, you certify that you are at least 18 (eighteen) years old and possess the full capacity to enter into and comply with its terms. If a user is under 18 (eighteen) years of age, it is assumed that they are accessing the Platform under the supervision of a parent or legal guardian, who has reviewed and agreed to the terms of this Agreement, including Terms, on behalf of the minor user. Should we become aware that a user under the age of 18 is accessing the Platform without proper supervision, we reserve the right to deactivate their account without prior notice. Additionally, if you are using the Services on behalf of a company or organization, you affirm that you have the authority to represent that entity and that said entity accepts the terms outlined in this Agreement.
To utilize the Services offered on the Platform, registration is required. Upon completing the requisite forms and submitting necessary details and documentation, eligibility for access and service availability will be confirmed via email. Access to and utilization of the Services will be granted following receipt of this confirmation.
As the sole account holder, you are granted exclusive authorization to manage your created account. It is imperative that you maintain the confidentiality of your account login credentials and take measures to prevent unauthorized access to your account on any device. You are accountable for all activities carried out through your account and must: (a) promptly report any unauthorized account usage or security breaches to us; and (b) ensure that you log out of your account at the conclusion of each session. Neither we nor our employees, agents, directors, or officers shall be held liable for any loss or consequential damages resulting from your failure to adhere to these Terms. You may be held responsible for any losses incurred by us or any other user due to unauthorized account usage. We retain the right to deny access to the Platform, deactivate accounts, or modify or remove content at our discretion without prior notice.
You acknowledge that while you may have authorization to manage your created account or conduct transactions on the Paygenius platform, funds will not be disbursed to your account until you fulfill your Know Your Customer (KYC) obligations in compliance with RBI Guidelines (as defined below). You understand that we retain the right to withhold settlement amounts and may ultimately return the funds to the originating account if your KYC obligations are not completed.
It is your sole responsibility to comprehend and adhere to all pertinent laws within your jurisdiction, including, but not limited to, the regulations outlined in the Reserve Bank of India's guidelines concerning the regulation of Payment Aggregators and Payment Gateways, the Payment and Settlement Systems Act of 2007, the Prevention of Money Laundering Act of 2002, and the Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI. These guidelines may be applicable to you in connection with your business operations and utilization of our Services ("RBI Guidelines").
In accordance with these Terms and any Additional Terms that may be conveyed to you periodically, Paygenius provides a range of services on its Platform. These services encompass, but we are not PAs OR payment gateway and aggregation services.
We maintain the prerogative to introduce improvements, updates, or modifications to our current Services to enhance your overall user satisfaction. You acknowledge and affirm your understanding that the structure and attributes of the Services offered by Paygenius may undergo changes over time, without prior notification. Furthermore, we retain the authority to cease the provision of Services, either on a permanent or temporary basis, along with any related features, at the sole discretion of Paygenius, without prior notice.
We continually strive to improve your experience by upgrading our Services and sometimes removing outdated features. You acknowledge and agree that the form and nature of the Services provided by Paygenius may change periodically without prior notice. Additionally, Paygenius reserves the right to discontinue the Services, or any specific features within the Services, at any time, either temporarily or permanently, at our sole discretion and without prior notice to you.
You acknowledge that Paygenius may, at its sole discretion, set an upper limit on the number of transactions you can undertake on the Platform. We will make reasonable efforts to inform you of these limits.
We Providing lowest rate for our for each Transactions at only 1.99% + GST For each Transaction
For Customer's Bank verification we charge for each bank account verifcation at INR 5.00.
For Customer's PAN Verification API we charge for each verifcation at INR 5.00 .
For Customer's GST Number Verification API we charge for each verifcation at INR 5.00
For Customer's Aadhar Number Verification API we charge for each verifcation at INR 15.00.
You grant us a royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, publish, reproduce, distribute, transmit, display, and create derivative works from any material you post on the Platform. This applies worldwide, across all forms of media and technology now known or developed in the future, for the full term of any rights in such content. You also waive any claims over feedback, comments, ideas, suggestions, or other content provided through or on the Platform. Additionally, you agree to perform all necessary actions to perfect the rights granted to Paygenius, including executing deeds and documents upon our request.
You agree that while we do not routinely monitor your postings on the Platform, we reserve the right to do so. If we become aware of inappropriate use of the Platform or its Services, we will respond in any way we deem appropriate at our sole discretion. You acknowledge that we have the right to report any actions considered illegal to law enforcement authorities and provide any relevant information we receive about such conduct. Upon request, we will fully cooperate with law enforcement agencies in any investigation of alleged illegal activity on the internet.
Submissions and unauthorized use of any materials on the Platform may violate copyright laws, trademark laws, privacy and publicity laws, certain communications statutes and regulations, and other applicable laws and regulations. You are solely responsible for your actions and the actions of anyone using your username and/or password. Therefore, you agree to indemnify and hold us, along with our officers, directors, employees, affiliates, agents, licensors, and business partners, harmless from any and all losses, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in connection with, arising from, or aimed at avoiding, any third-party claim or demand that your use of the Platform, or the use by anyone using your username and/or password (including your participation in posting areas or your submissions), violates any applicable law or regulation or infringes upon the rights of any third party.
We reserve the right to terminate access to this Platform at any time without notice. Additionally, this limited license will automatically terminate without notice if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded or printed materials. Any provision of the Terms that imposes an obligation or creates a right which, by its nature, should continue after termination or expiration will survive the termination or expiration of the Terms.
You represent and warrant that:
(a) your use of the Platform and/or Services will comply with all applicable laws and regulations;
(b) all information you submit to us in connection with the Platform and/or Services is true, accurate, and lawful;
(c) the content and material you supply do not breach any applicable agreement and will not harm any person or entity (including by being defamatory);
and
(d) the information and documents you provide for identity and address proof for KYC verification with Paygenius are true, genuine, and not fabricated or altered in any way.
If at any time the information you provide is found to be false or inaccurate, we reserve the right to reject your registration, cancel all orders, and restrict your access to the Services and affiliated services in the future without prior notice.
You agree to indemnify us and our affiliates against any claims brought by third parties against us or our affiliates arising from or related to a breach of any of these warranties.
You will use Platform for lawful purposes only and will not undertake any activity that is harmful to Platform or its content or otherwise not envisaged through the Platform. You have a limited license to access and use Platform, solely for the purpose of availing the Services, subject to these Terms.
You will not do any of the following:
Delete or Modify Content: Delete or modify any content on the Platform, including any information regarding the Services, their performance, sales, or pricing.
Use Unauthorized Tools: Use any engine, software, tool, agent, or other mechanisms (such as spiders, robots, avatars, worms, time bombs, etc.) to navigate or search the Platform.
Make False Statements: Make false or malicious statements against the Services, Platform, or us.
Distribute Harmful Software: Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Platform and/or Services or any connected network, or interfere with any person or entity's use or enjoyment of the Platform and/or Services.
Introduce Malicious Software: Introduce any trojans, viruses, or other malicious software, or use bots to scrape the Platform for information.
Probe or Tamper with Security:Probe, scan, or test the vulnerability of any system, security, or authentication measures implemented by us, or tamper with our technological design and architecture.
Hack the Platform:Hack into or introduce malicious software of any kind onto the Platform.
Hack the Platform:Hack into or introduce malicious software of any kind onto the Platform.
Gain Unauthorized Access:Gain unauthorized access to, interfere with, damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services.
Engage in Antisocial Acts:Engage in any form of antisocial, disruptive, or destructive acts, including "flaming", "spamming", "trolling", "phishing", and "griefing" as those terms are commonly understood and used on the internet.
You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Platform, any information that:
belongs to another person and to which you do not have any right;
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates or defames another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
engage in and/or encourage money laundering or gambling, or otherwise unlawful in any manner whatsoever.
You agree to use the Services only for purposes that are permitted by (a) these Terms, and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to use the data owned by Paygenius (as available on the Platform) only for personal purposes and not for any commercial use unless agreed to by Paygenius in writing.
If you use the Platform for any commercial purposes, you agree to adhere to the following conditions:
(a) You shall not store any customer card or related data in any form or manner whatsoever on your websites/servers.
Paygenius reserves the right to withhold settlements and/or suspend transactions in the event of any mismatch or violation in your declaration, subject to applicable laws.
You agree not to access, or attempt to access, any of the Services except through the interface provided by Paygenius, unless you have been specifically permitted to do so in a separate agreement with Paygenius. Furthermore, you agree not to access, or attempt to access, any of the Services through any automated means, including the use of scripts or web crawlers.
Unless specifically permitted in a separate agreement with Paygenius, you agree not to reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose. You acknowledge that Paygenius (or Paygenius's licensors) owns all legal and proprietary rights, title, and interest in and to the Services, including any intellectual property rights that exist in the Services (whether registered or not, and wherever they may exist worldwide). Additionally, you acknowledge that the Services may contain information designated as confidential by Paygenius, and you agree not to disclose such information without Paygenius's prior written consent.
Unless expressly agreed otherwise in writing with Paygenius, the Terms do not grant you the right to use any of Paygenius's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Furthermore, unless expressly authorized in writing by Paygenius, you agree that in using the Services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a manner likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
You agree to adhere to all relevant commercial and public anti-bribery and anti-corruption laws, including but not limited to the provisions of the Prevention of Corruption Act, 1988, the Prevention of Money Laundering Act, 2002, the Foreign Contribution (Regulation) Act, 2010, and any amendments thereto. These laws prohibit you, your officials, representatives, agents, or any other associated persons from engaging in actions such as giving, offering, promising to offer, receiving, accepting, or acting in any manner to induce a payment, gift, hospitality, or anything of value (directly or indirectly), whether domestically or internationally, to government officials, public servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties, office bearers thereof, or any other third party or person in order to gain an improper commercial or business advantage. Government officials encompass government employees, candidates for public office, employees of government-owned or government-controlled companies, employees of public international organizations, and members of political parties.
You also agree not to give, offer, pay, promise or authorise to give or pay, directly or through any other person, anything of value to anybody for the purpose of inducing or rewarding any favourable action or influencing a decision in your favour. You agree and undertake that it is compliant with and shall do/ undertake all acts necessary to continue to be compliant with the provisions of Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI, as amended from time to time.
You agree to indemnify, defend, and hold harmless Paygenius, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third-party claims, losses, liabilities, damages, and costs (including reasonable attorney fees and costs) arising from your use of the Platform or the Services, violation of these Terms, or infringement of any intellectual property or other rights of Paygenius or any third party. Paygenius will promptly notify you of any such claim, loss, liability, or demand. Additionally, you agree to provide Paygenius with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
You acknowledge that you may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to Paygenius and its affiliates, marketing prospects, contractors, officers, directors or shareholders, personal data of your customers, financial and operational information, billing records, business model, etc. ("Confidential Information").
You agree to keep Confidential Information in confidence and take necessary safety measures and steps to maintain the confidentiality and secrecy of the Confidential Information from public disclosure, and you shall at all times maintain appropriate measures to protect the security and integrity of the Confidential Information.
You hereby agree and undertake to take all necessary measures to ensure that your website or any other computer system that is being used to effect transactions by the usage of Services does not store/ save any customer card or any other such related data. You further undertake that you shall be responsible for ensuring complete and absolutely privacy, anonymity and security of all customer data flowing through your systems during the usage of the Services by you.
In the event we are intimated, by an acquiring bank or a card payment network, that a customer has reported an unauthorised debit of the customer's payment instrument ("Fraudulent Transaction"), then Paygenius shall be entitled to suspend the settlement of the amount associated with the Fraudulent Transaction during the pendency of inquiries, investigations and resolution thereof by the acquiring bank or the card payment network.
We will try to ensure that all information and recommendations, whether in relation to the Services, offerings or otherwise (hereinafter "Information") provided as part of this Platform is correct at the time of inclusion on the Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.
You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information at the Platform shall constitute an invitation to invest in or any affiliates. Any use of this Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this Platform. We are not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
We do not covenant or provide any representations and warranties:
in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content on Platform;
That the Services will be made available at all times; and
that the operation of Platform, including the functions contained in any content, information and materials on Platform or any third-party sites or services linked to Platform will be uninterrupted, or that the defects will be rectified, or that Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
This platform and the services are provided to you on an "as is" and "where-is" basis, without any representations or warranties. Paygenius, for itself and any third-party providing materials, services, or content to this website, makes no representations or warranties, either express, implied, statutory, or otherwise, of merchantability, fitness for a particular purpose, or noninfringement of third-party rights, with respect to the platform, the information, or any products or services to which the information refers. Paygenius will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential, or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if Paygenius has previously been advised of the possibility of such damages.
Applicable Law and Jurisdiction: These Terms are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms or any dispute arising in relation to the Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at New Delhi, India for the resolution of all such disputes.
Grievance Officer: In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to the grievance officer of Paygenius at the below mentioned coordinates:
Name: Azad
Email Address: grievance@paygenius.in
Paygenius will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Paygenius's reasonable control.
No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Paygenius. Any consent by Paygenius to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
These Terms are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms as available on the Platform. Your relationship with the Platform will be governed by the most current version of these Terms, as published on Platform.
In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that Paygenius will not be liable for any transaction between itself and any such third parties.
These Terms supersede all previous oral and written terms and conditions (if any) communicated to you by Paygenius, for the use of Platform, and the rights and liabilities with respect to any Services to be provided by Paygenius shall be limited to the scope of these Terms.
Last updated: June 6th, 2024 at 02:54 PM