This document is an electronic record in terms of Information Technology Act, 2000, Amendments thereof from time to time and the Rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The services provided by/ under www.payzippy.com (hereinafter referred to as "Payzippy Services") is owned by Flipkart Payment Gateway Services Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Brigade Manae Court, Second Floor, No.111, Industrial Layout, Koramangala, Bangalore 560034, Karnataka, India (hereinafter referred to as "PAYZIPPY").
For the purpose of this document, the term "Seller" shall include any person or persons or entities who make available online for purchase by others/ provide goods or services online and support PayZippy as a payment method or are otherwise integrated with the PayZippy payment gateway to accept payments online in exchange for the said goods and / or services. Similarly, the term "Buyer" shall refer to the person who purchases any of the goods or services provided online by such person or persons or entities and who avails/ uses/ make use of any of the accepted payment instruments contained within the registered PayZippy Account.
Availing the services is available only to persons who can form legally binding contracts. Persons who are "incompetent to contract" within the meaning of Indian Contract laws, including minors, un-discharged insolvents etc. are not eligible to use the Payzippy Services. If you are a minor i.e. under the age of 18 years, you shall not register as a User of Payzippy Services and shall not transact or use the Services. As a minor if you wish to use or transact on Services, such use or transaction may be made by your legal guardian or parents on the Services. Payzippy reserves the right to terminate your membership and / or refuse to provide you with access to the Services if it is brought to Payzippy's notice or if it is discovered that you are under the age of 18 years or are otherwise incompetent to enter into a contract as provided under the Indian Contract Act, 1872.
Your Account and Registration Obligations
When You use the Services or send/ transmit messages/ emails or other data, information or communication to us or through the Services, You agree and understand that You are communicating with Us through electronic records. You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. The Services is a platform for making secure financial transactions and Payzippy is not and cannot be a party to or control in any manner any transaction between you and any third parties pertaining to any purchase of products or services.
b. Payzippy is a platform that can be utilized by Users to effect financial transactions in a secure way, to buy and sell products or services. Payzippy is only providing a platform for payments and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Payzippy hold any right, title or interest over the products nor shall Payzippy have any obligations or liabilities in respect of such contract. Payzippy is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
c. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
d. You release and indemnify Payzippy and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Services and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Payzippy cannot take responsibility or control the information provided by other Users, d. no matter it has been disseminated on any platforms, including any social media by such users. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Services.
Use of Payzippy Services
Creating Accounts. Your PayZippy Account is linked to your Payzippy Account. To create a new PayZippy Account, you must register and complete the registration process for new users by entering all required information. A "Payzippy Account" is any customer account that you have established with certain Services owned or controlled by Payzippy. Payzippy account referred to herein shall mean the account you create with Us, which contains information pertaining to your valid payment instrument or saved cards. In case You have already created any such Saved Card account with any other website operated by any of our affiliate companies and You wish to migrate to a PayZippy account with Us, you will need to create a new account with PayZippy to avail the services thereunder.
2. Your e-mail address and the password that you select will be required to access the Payzippy services. You may be required to verify your e-mail address and/or mobile number depending on features of the Service that you would like to use. You also may be prompted to answer several security questions or be issued access keys or credentials that may be used to enable access to the Service and authorize transactions. You are responsible for maintaining the secrecy and security of your access credentials ("Credentials") and for any use of or action taken under your Credentials. You should not disclose your Credentials to anyone else. If your Credentials are compromised, you must change your Credentials immediately and notify us immediately.
You agree and understand that Payzippy merely provides payment platform to its registered users. Payzippy is merely an intermediary and does not interfere in the transaction between Buyers and Sellers, except as a facilitator/ method for making secure payment online. We may in the future offer a Dispute Management system to resolve any disputes between You and the Sellers as stated herein below. You agree, undertake and confirm that Your use of PayZippy services shall be strictly governed by the following binding principles:
a. You agree and accept the services provided by FKPG, at your request to carry out payments through your Payzippy account.
b. Payzippy will take all reasonable steps to protect the security of the data provided through the Services and shall ensure the accuracy and privacy of the payment details. However, You shall not hold Payzippy responsible for any loss, damages etc. or any kind of losses of whatsoever nature that may be incurred/suffered by you if the information contained turns out to be inaccurate/incorrect for any reason.
c. You agree that any disputes on Payment with Seller of any products/ services shall be settled directly with such Vendors/ recipient of the transaction amount and Payzippy's responsibility is limited to provision of information pertaining to the financial transaction only. PayZippy may offer Dispute Management services in future, which provides a neutral platform for the Seller and You to resolve a valid dispute mutually. If you are unable to resolve any dispute mutually, PayZippy will provide a resolution which may or may not be in your favour. You do not lose your chargeback rights as a result of participation of the dispute resolution process.
d. You agree that the record of the instructions given and transactions with Payzippy shall be conclusive proof and binding for all purposes and can be used as evidence in any proceeding.
e. You agree that charges, if any, for the Payzippy services will be at the sole discretion of Payzippy and Payzippy is at liberty to vary the same from time to time, without giving any notice.
f. You agree that Payzippy is at liberty to withdraw at any time the Payment facility, in respect of any or all the account(s) without assigning any reason whatsoever, without giving You any notice.
g. You agree that all refunds initiated by participating merchants on Your request will be processed by PayZippy, subject to merchant's acceptance of the refund request. h. You agree that all refunds are at the discretion of the participating merchant and PayZippy cannot force a merchant to do a refund.
i. You agree that some refunds may also be initiated by merchant unilaterally and the same shall be processed by PayZippy.
j. You shall not violate any law for the time being in force in connection with using Payzippy services.
k. In the event any information pertaining to your account, payment instruments, purchase details or any information which would point to any transaction made by you using our services, has been wilfully shared by you on any online or offline platforms, including social media, User generated Content in websites, which has the effect of compromising the security of your payment or account information, you shall be responsible for all the consequences thereof and We expressly disclaim any liability for any loss You may incur on account such action of sharing/ divulging/ dissemination of your confidential information.
m. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and Rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Unlawful Activities Prevention Act and other law concerning Prevention of Terrorism, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including laws pertaining to prohibition of hate content, pornography, disturbing social harmony, or promoting civil unrest, materials appealing to/ purported to appeal to prurient interests, banned weapons, banned commodities under Indian Postal Act 1898 and amendments thereof, Drugs and Cosmetics Act, 1940, its amendments and the Rules thereof, Exchange Control laws or regulations for the time being in force or any other laws which prohibits any such transactions.
o. In order to protect Our Users from such advertising or solicitation, You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Services) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. Unless we are lawfully directed by a court of law or a subpoena, we shall not divulge any private payment information to any party.
p. Payzippy shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Your Payment Transactions
Except for our limited role in processing payments that you authorize or initiate, we are not involved in any underlying transaction between you, any other user. We are not a Bank and do not offer banking services. We may use the services of one or more third parties to provide the Service and process your transactions (each a "Processor"). We are not a selling agent in connection with any sale by you of goods or services to any person. We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of any good or service that you may purchase or sell using the Service or any Provider's Application that you may use to access the Service.
You authorize us to hold, receive and disburse funds in accordance with your payment instructions, whether provided to us directly or through a Provider's Application, and whether to us in our own capacity or in our capacity as payment processor acting on behalf of sellers of goods or services and other third parties hereinafter referred to as "merchants", that have appointed us as agent for the limited purpose of receiving payments. Your authorization permits us (a) to debit or credit your Balance, a Bank Account, any credit card, debit card, or other payment cards that we accept ("Cards"), or any other payment method we accept or may accept in the future, including IMPS, stored Value Payment Instruments (pre-paid instruments), or (b) to process payment transactions that you authorize by generating a paper draft or an electronic funds transfer.When you instruct us to pay a merchant, you authorize and order us to commit your payment (less any applicable fees or other amounts we may collect under this or other Agreements with the merchant) to that merchant.We may limit the recipient's ability to use or withdraw the committed funds for a period of time as per authorized payment and settlement mechanism and underlying principles.Your authorizations will remain in full force and effect while you maintain your Payment Account with us and for any Bank Account or payment instrument.
We may delay, suspend or reject a transaction for any Payment Account for any reason, including without limitation if we suspect the transaction subjects us to financial or security risk or is unauthorized, fraudulent, suspicious, unlawful, in violation of the terms of this Agreement, subject to dispute (including without limitation a dispute under our Buyer Dispute Program which may be launched in the future) or Chargeback, or otherwise unusual.
You have the right to initiate a lawful charge back which will be processed as per the mandated procedure. However, we reserve our rights to review your account and the transactions thereof and to consider any transaction as fraudulent, regardless of the result of chargeback and to terminate Your account in case the chargeback is found by Us to be fraudulent. This is irrespective of the fact that a particular transaction would have been a legitimate transaction and We shall not be responsible for any loss You may incur in this regard.
We may levy a fee for providing payment services across merchants which may include any account maintenance charges, other charges incurred on account of fraud protection measures and other information security measures. You agree to pay the applicable fees, whenever we offer such additional Services. We reserve the right to change our Fees at any time. All Balances and all fees, charges, and payments collected or paid through the Service are denominated in INR Or any other currencies as may be approved from time to time if the origination of the transaction is deemed to be international.
Without limiting our other rights, we may set-off or deduct any amount you owe us from any proceeds due to you, your Bank Account, and/or other payment instrument registered with us. If we are unable or do not wish in our sole discretion to set-off any amount you owe us or our Affiliates, you will immediately pay us, upon demand, such amount. You also agree to pay all costs and expenses associated with collection in addition to the amount collected, including without limitation any applicable interest, attorneys' fees, court costs, collection agency fees, and other legal expenses.
If there is an error in the processing of any transaction, you authorize us to debit or credit your Payment Account or Bank Account, as applicable, to correct such error. If we are unable to debit the Bank Account you select for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other Bank Account or payment instrument that you may authorize.
You are responsible for determining any and all taxes and duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for or performance of the Service, your use of the Site, the sale or purchase of any products or services for a transaction, or otherwise in connection with any action, inaction, or omission by you or any affiliate of yours, or any of your or their respective employees, agents, contractors, or representatives ("Taxes"). We and/or our Affiliates are not obligated to determine whether Taxes apply and are not responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from any transaction. Information about you and your transactions using the Service may be reported to the Income Tax Department/ sales tax/ commercial taxes authority as may be required. In case Payzippy find that operation of your Payzippy account violates any limits prescribed under any Tax related laws, we reserve our rights to consolidate your acccunts into a single operative accounts for the purpose of reporting to the authorities.
Term and Termination
Unless otherwise agreed in writing by you, you may terminate this Agreement by closing your Payment Account at any time. You may not close your Payment Account as a means of evading withdrawal restrictions. We may suspend this Agreement or terminate this Agreement and close your Payment Account for any reason at any time upon notice to you.
Effect of Termination.
We will not be liable to you for compensation, reimbursement, or damages of any kind in connection with any termination or suspension of the Service. Upon termination of this Agreement for any reason: (a) we may elect to cancel any pending transactions, (b) you will remain liable for all fees, charges, and other payment obligations that have been incurred through the date of termination, (c) subject to the terms of this Agreement, any funds that we are holding in custody for you at the time of termination, less any amounts you owe us, may be withdrawn if all withdrawal-related authentication requirements have been fulfilled, (d) all license or other rights granted to either party under this Agreement will immediately terminate, (e) you will return or destroy and cease use of all Payzippy Services and (f) your access to the Site will be terminated, and we will have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documents or other information in connection with your Payment Account or the Service.
Privacy and Confidentiality:
You may receive information relating to us or our Affiliates or to the Service that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain our exclusive property, (b) you will use Confidential Information only as is reasonably necessary for your use of the Payzippy Service, and (c) you will not otherwise disclose Confidential Information to any other person.
Representations and Warranties
By You. You represent and warrant to us that: (a) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement and grant the rights, licenses, and authorizations you grant under this Agreement, (b) the name identified by you when you registered is your name, (c) you will use the Service only to transact on your own account and not on behalf of any other person or entity, (d) you and all transactions initiated by you will comply with all law applicable to you, and (e) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service.
Limitation of Liability
To the fullest extent permitted by applicable law, we and our Affiliates (and our and their respective employees, directors, agents, and representatives) will not be liable for any indirect, incidental, punitive, or consequential damages arising out of or in connection with this Agreement, Payzippy Payments Service (including without limitation the inability to use the Service), or any Application using our Service.
No Liability for Transactions or Delays. In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, we and our Affiliates (and our and their respective employees, directors, agents and representatives) will not be liable for (a) any damages arising out of or in connection with any services, products, purchases, or transactions entered into through the Service, or (b) delay by us or our Affiliates (or our or their respective employees, directors, agents, and representatives) in performing our obligations under this Agreement, regardless of whether the failure or delay is caused by an event or condition beyond our control.
Limited Aggregate Liability. In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will the aggregate liability of us or our Affiliates (and our and their respective employees, directors, agents and representatives) arising out of or in connection with this Agreement or the transactions contemplated hereby, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of fees earned by us in connection with your use of the Service during the three-month period immediately preceding the event giving rise to the claim for liability.
Disclaimer of Warranties and Liability
- This Services and the services thereunder will be constantly available, or available at all; or
- The information on this Services is complete, true, accurate or non-misleading.
While availing Services and the services thereunder, 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:
- Lack of authorization/authentication for any transaction/s, or
- Exceeding the pre-set limit mutually agreed by You and between your "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s.
All payments made using Payzippy services shall be settled in INR.
The payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Payzippy liable or responsible for the breach of representations and warranties, non-provision of after sales or warranty services or fraud.
b. b. You understand, accept and agree that the payment facility provided by Payzippy is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic b. payment, collection and remittance facility for the Transactions on the Payzippy Services using the existing banking infrastructure and payment gateway networks.
Compliance with Laws:
You shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment ) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Foreign Exchange Management Act, 1999 and Rules thereunder, Export Import Policy of government of India, any other applicable laws pertaining to money transactions applicable to you respectively for using Payment Facility and Payzippy Services.
The term Payzippy Wallet ("Wallet") is used to denote your account with us which contains your payment instrument information available now or in the future including but not limited to credit/debit cards, bank account details, MMID or other identifiers/payment address for IMPS or Aadhar based payments as may be available, any pre-paid payment instruments which are associated with your account. The stored value or pre-paid instrument (Semi-Closed) allows you to maintain a balance of money which can be redeemed for goods or services at your convenience. The availability of such a pre-paid service is contingent on regulatory approval and will be made available only upon grant of license as and when occuring.
Your PayZippy Wallet permits you to access the payment instruments saved in your PayZippy Account to make purchases wherever Payzippy Payments is accepted. Payments may be made using Applications that we provide, or Providers may enable access to the Service for the purpose of initiating transactions that are authorized by merchants through their Applications.
You may register eligible payment methods in your Payment Account. Any payment method you register will automatically appear in your Payzippy Account. We may restrict the available payment method to manage risk or based on the type of transaction. Not all payment methods may be available to you when you wish to make a payment.
Net Banking: You can use Net Banking to pay at merchant websites through PayZippy.
Cards. You may use registered Cards to pay for goods or services. You may be required to verify that you control the Card accounts that you register prior to using the Cards for transactions or to obtain additional payment privileges.
Payment Authorizations. Our Service permits you to authorize payments to sellers directly or to third-party services that enable transactions with sellers. The actual payment will not be completed until the seller or service provider processes your payment authorization with us. A seller or service provider may delay in processing your authorization. The payment authorization will be held with us until the transaction is completed. It is possible that the financial institution / bank may decline to accept the payment authorization by you on their own. In such a case, we will intimate you to seek a fresh authorization of the transaction.
Preauthorized Payments. Subject to any clarifications offered by statutory authorities on policy guidelines and the permission of Banks/ financial institutions, we may offer to permit you to preauthorize sellers to charge your Payment Account using recurring payments or multiple payments. A "recurring payment" is a payment that occurs at regular intervals for fixed amounts over a specified time period. Variable amounts are not permitted with a recurring payment. A "multiple payment" is a payment authorization given to a recipient by a sender to charge the sender's Payment Account up to a maximum amount over a specified time period. Multiple payments may be used only for non-recurring, multiple payments. You may cancel or stop either type of standing payment authorization at any time by logging into the "Your Account" portion of our Site and cancelling the payment listed in "Account Settings."
Return of Refunded Merchandise. If you receive a refund for a purchase but you fail to return the product to the seller, we may charge you for the product consistent with the original order. We do not issue refunds if a product or service turns out not to meet your expectations or if the seller does not fulfill its commitments, and we have no obligation to resolve any disputes related to any transaction. If you are unhappy with any goods or services that you have purchased using our Service, you should contact the seller directly first.
Use of Provider Application. If you use our Service through a Provider's Application, you are only responsible for the Fees associated with transactions that you authorize through that Application and for which the Provider notifies you that you are responsible when you register for or use the Application.
Indemnity. You will indemnify and hold harmless us and our Affiliates (and their respective employees, directors, agents, and representatives) from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our Policies or Network Rules, (b) your wrongful or improper use of the Service, and (c) any transaction submitted by you through the Service.
Amendment. We will send notice of any change to your PayZippy Account that involves an increase in fees or liability for you under this Agreement, to the email address under your profile, and that Material Change will be effective 30 days from the earlier of posting it to our Site or otherwise communicating it to you. You will be deemed to accept any Material Change if you use the Site or Service after the 30-day notice period. We may make Material Changes without prior notice if immediate changes are necessary for security reasons.
Jurisdictional Issues/Sale in India Only
Payzippy makes no representation that the Payzippy Services are appropriate or available for use in other locations/Countries other than India.
Trademark, Copyright and Restriction
All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Services is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Services or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Limitation of Liability
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Services to firstname.lastname@example.org.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Flipkart Payment Gateway Services Private Limited
Brigade Manae Court, Second Floor, No.111
Industrial Layout, Koramangala