Terms & Conditions
Request you to kindly go through the terms set out hereunder with caution prior to agreeing on them. In case you disagree with these Terms and Conditions, kindly terminate the use of this Website immediately.
In case you accept the Terms and Conditions, you can communicate your acceptance by:
- Clicking on agree or accept the Terms and Conditions when this option is made available by PayCaps to you in the User interface, or by accessing or actually using the services.
- In this case, the user is said to have agreed on PayCaps to treat your using of the Services as an acceptance of the Terms and Conditions from that time onwards.
* The term “User” shall here forth mean any legal or natural person who has accepted these Terms and Conditions for itself or on behalf of any other legal entity.
The unenforceability of any provisions of any of these Terms and Conditions will not have any effect on the legality or enforceability on any other terms under the Terms and Conditions. And in case any of the provisions become void, the rest shall be binding upon the user. The Terms and Conditions may be modified/ Revised by us at our sole discretion and at any time without prior intimation and any of such changes if made will be effective on an immediate basis.
By the continued use of this Website or accessing the Services the User accepts to be bound by the revised or amended Terms and Conditions and these shall supersede any previously accepted Terms and Conditions.
Provision of Services by PayCaps
Subjecting to the Terms and Conditions herein, PayCaps offers the services mentioned in Schedule included below. The process flows as well as a description of all services that are offered to users are also included in Schedule.
PayCaps is constantly upgrading itself to provide users with one of the best possible experience. With this, the user gives his consent to any changes being made time to time without any advance notice of such change to them. Further, you agree and acknowledge that PayCaps might stop these services on a permanent or temporary basis to the users at our sole discretion and without any advance notice. In case the users decide to stop using our services, they don’t need to inform us specifically.
The users of this website along with the Terms and Conditions agree that PayCaps has the right to disable your account, and you will be prevented from using the Services, account details or any other type of content which is there in your account. We also hold the right to delete any data stored in your account not limited to any sensitive personal information. As an alternate course of action, a user might send us a notification communicating their wish to not retain or use the personal data in their account. However, some services might be restricted in this case.
By the use of our Services, you are also agreeing that PayCaps disclaims all authenticity rights on the information which might have become outdated since its last update. We also reserve all rights to make modifications or any corrections to any part of the website content without a prior intimation to the users. All the pieces of information along with the pictures on this website are set to be in the public domain as publicity photos, or promotional materials, etc. unless stated otherwise.
Kindly contact us via email if you are the copyright owner of any of the content mentioned on this website which you feel violates the Copyright law. Also, kindly indicate the exact URL of the webpage to help us in locating the same. Your concerns would be addressed and appropriate action will be taken on the same. Further, please note that all images on this website are digitized by PayCaps and no other party has the authorization to repudiate these digital versions in any kind of format without our prior permission.
An individual who is competent to contract under the applicable legal rules and over 18 years of age is eligible to use or visit the website. This use or access will treat your representation as a competent person to contract and if the user has registered as a business entity than he is representing the authority to bind such business entity to the Terms and Conditions.
The user agrees and acknowledges that he/she will be financially responsible for all the usage as well as access to this website. The Terms and Conditions will become void if prohibited by applicable laws, and the rights for accessing this Website will automatically stand revoked.
Use of Services
You might be requested to open an account for using certain services with PayCaps. You can do so by providing information about yourself as a part of the registration process. The user is said to agree on the accuracy of the data provided to us at the time of registration. In case any inaccurate or incomplete information is provided PayCaps has a reasonable ground to believe that such information violates the applicable laws or is not according to the Terms and Conditions.
Further, we reserve the rights to terminate your account or reject the registration of your account and refuse to grant access to the website.
You are agreeing to indemnify us against all claims due to the usage of any information or details that are posted or supplied by you. And we are entitled to remove any such information without prior notice to you.
By accessing the “User account” section on the website, a user can make any modification/rectification on the Registration Data in the users account ad can also delete its user account at any point of time. The processing of account deletion might take some time but the same shall be done and completed by us. However, we do maintain a certain backup of the information of all user content for an appropriate time as per the legal requirements as well as our operational requirements.
The user has sole responsibility to maintain the password as well as the confidentiality of its account along with any activity that occurs through it. PayCaps will not be held liable in respect of any damage or loss which might arise due to result of a failure to protect the password or account. A user should take all the appropriate measures for ensuring that the password is securely kept. You should inform us immediately in case you have a reason to believe that your password is likely to be used or used in an unauthorized way. In case of a dispute between two parties for ownership of any particular account with us, we shall be the sole arbitrator and our decision will be final and binding in this regard.
Also, you are agreeing to grant us a non-exclusive, irrevocable, royalty-free, database and publicity rights which you may have in the registration data in order to ensure no violations are being from our end of any rights which you may have in your registration data now or in future.
Further, you are solely accountable for sharing any information by yourself in the user content or registration data and undertake neither by yourself nor by allowing any third party to publish, transmit, host, display, modify, update or share any information that:
- Is harmful to minors in any way
- You do not have the rights to
- Is defamatory, obscene, inappropriate or unlawful in any way
- In violation of law
- Causes infringement of any patent, trademark or copyright anywhere in the world
- Will impersonate another person
- Is misleading about the origin or communication of such message
- Has a virus of any sorts
- Is a threat to national security in any way
You shall agree to
- Use the Services solely for the reasons permitted by these Terms and Conditions and applicable legal regulations.
- Understand and agree that PayCaps has the right to edit or remove such information. You are requested to kindly contact us immediately in case you come across any such information on our website, and also that you will not engage in any such activities that disrupt the services on this website.
- To use the data owned by us through various means only for personal use and not for any kind of commercial use unless agreed by us in writing.
- To not access any of the Services by any other means besides the interface provided by PayCaps.
- Not to repudiate, copy, sell or resell the services for any other reason until specifically permitted via a written agreement with us.
- You are responsible for any breach of your obligations solely and PayCaps has no responsibility to you or any third party for such breach.
You further agree to inform us in case a customer revokes the consent to recurring payment instructions for us to cease the processing of such transactions. In case there is a delay in communicating such revocation than PayCaps will not be held responsible for any charges applicable pursuant to such revocation on the customer. Your data might be shared with the governmental agencies which are lawfully authorized to investigative and protect cybersecurity activities.
You as the user agree and acknowledge that PayCaps has all legal as well as proprietary rights along with the title and interest in the Services (The services also include any intellectual property rights subsisting in the services).
Further, you also acknowledge that the said services might consist of information designated as confidential by us which you shall not disclose without our written consent obtained prior to such disclosure. Until it is agreed in a written agreement with PayCaps, nothing mentioned in the Terms and Conditions grants you a right to use any of our distinctive brand features, service marks, logos, domain names, trade names, trademarks.
Without express authorization in writing by PayCaps, you agree to while using our services you will not be using any logo of any company or organization or a trading name in a manner which is likely to result in commotion and chaos about the ownership of such marks or logos.
“Content” for these Terms and Conditions includes logos, photographs information, data themes and interactive features generated, videos, audio clips, text, animations, scripts, graphics, written posts, articles, comments, software provided or accessed through the use of services.
PayCaps reserves all the rights to refuse, filter, modify, pre-screen, review, remove or flag any or all the Content from any Service. Further, we also reserve the right to, publish, re-publish, moderate, and use all user originated contributions and comments which include profile pictures, comments, likes, favourites, votes but are not limited to these. We are not accountable to pay any kind of royalty to any User for re-using any content across any of its platforms. If any material is being submitted by you on the website, you are agreeing to grant PayCaps the rights for its use and modifications or publications.
Further, users should be aware that the content provided to them as a part of the services might be guarded by intellectual property rights owned by the sponsors or advertisers who provide us with such content. The users by the use of this website agree that they might be exposed to certain offensive, indecent or objectionable content in their opinion, and in such a case the use of services is at the user’s risk.
With the acceptance of these Terms and Conditions, you have authorized us to receive, disburse, hold, and settle funds on your behalf. Such authorization allows us to facilitate electronic funds transfer between the payment system providers as well as our nodal accounts for processing every payment transaction that you authorize.
Further, you authorize PayCaps for transferring the buyer payments received into the designated bank account by you for this purpose at the time of registration. Such authorization obtained from you shall remain in effect till the time your PayCaps account is closed or removed.
PayCaps shall be entitled to suspending the settlement of the amount in relation to the Fraudulent Transaction if we are intimated by a Card Payment Network or Acquiring Bank of a customer reporting an unauthorized debit of the customer’s payment instrument while such inquiry/investigation is in a pending stage.
In case the Fraudulent Transaction results into a Chargeback than it shall be solved according to the provisions related Chargeback as set out under these Terms and Conditions.
In a scenario where the amount of a fraudulent transaction has already been settled to the User according to these Terms and Conditions, then any dispute occurring in regard to such Fraudulent Transaction.
In case of any losses arising from actions, demands, claims or other proceedings, a user will have to indemnify and hold PayCaps, its affiliates, employees, directors, licensors and agents, if such losses have arisen as a result of the following:
- Violating applicable laws while using the Services
- Breaching the user’s obligations of confidentiality under these Terms and Conditions
- Charges and penalties imposed by Card Payment Networks on violation of applicable laws with the transactions on the user’s website.
- Negligence as well as willful misconduct by the Users in the usage of services
Users of PayCaps might get access to some confidential as well as proprietary information, including the information which belongs to PayCaps and its affiliates relating to secure websites, personal information of customers of the User, financial and operational information, billing records, computer systems and modules, including technical “know-how”, methods of operation, as well as any other confidential data not available to the public in general which is clearly identified as CONFIDENTIAL.
Exceptions to Confidentiality Information: The confidentiality obligations mentioned herein will have no obligation on the User regarding any Confidential information which:
- Is developed without the use of our confidential information by the user
- Acquired from a third party by the user, who does not breach confidentiality obligation to PayCaps and who has shared the information with the user in good faith
- Which becomes generally known by the public at the time it was received or afterwards, with no failure on the part of the user himself
- Has to be disclosed due to legal requirements or requirement of any governmental authority, provided we are provided with a reasonable opportunity of being resistant towards the disclosure or to acquire a protective order.
The User is liable to notify PayCaps upon identifying any disclosure regarding confidential information or any unauthorized use as well as in case of any breach of confidentiality. Further, the user will need to cooperate with PayCaps in a reasonable manner in order to help us in regaining the possession of such Confidential Information and for preventing its unauthorized use further.
Certain services are supported by revenue from advertising and might lead to the display of advertisements as well as certain promotions. These advertisements are based on factors like queries made through the services, information stored on the services, or other information. There might be changes in the type and extent of advertising on PayCaps without any prior intimation to you.
You agree to PayCaps placing such advertising on the use of services in consideration for us giving you the access and usage of the services.
Card Payment Network Rules
The Card Payment Network has imposed certain written rules, guidelines, regulations, interpretations known as the “Card Payment Network Rules”.
All rights to amend their guidelines and rules are reserved by The Card Payment Networks. Pursuant to amendments to the Card Payment Network Rules, PayCaps might be required to modify or change these Terms and Conditions. And these amendments/modifications if any will be instantly binding on the users. You are required to comply with all of these guidelines, rules as well as regulations formulated by them. There are infrastructure and process to facilitate transaction authorization in the Card Payment Networks.
You expressly agree and acknowledge to assuming the risk of compliance with all the provisions of the Card Payment Network Rules, notwithstanding any assistance by PayCaps to understand the Card Payment Network Rules irrespective of you being aware of or having access to those provisions. You are agreeing to comply in full with all the guidelines, programs, requirements mandated and/or published by the Card Payment Networks.
In case any fines, penalties or other amounts are being demanded of us by a Card Payment Network in event of any non-compliance of Card Payment Network Rules by you, then you shall herein reimburse us with an equal amount of the penalty/fine without prejudice to our other rights hereunder. In case there is a failure in compliance with your obligations towards the Card Payment Networks, in this situation PayCaps might suspend the settlement or suspend/ terminate the Services.
If you have got any concerns or complaints regarding the content of this website or breach of these Terms and Conditions, then you are requested to inform by through our contact us page.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND ACCEPT THEM.