ToPay

All the services are provided by TOPAY. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of TOPAY regarding your use of online rent payment, Utility Payments, GST Payment, Vendor Payment, Payroll Payments or such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be).

The below mentioned terms and conditions read along with Privacy Policy, Cancellation and Refund policy (as mentioned below) or another policy that comes in force on the website governs the relationship between you and TOPAY. You are hence requested to read and understand the following terms and conditions, carefully, before registering on, accessing, browsing, downloading or using our website guidelines before you contribute in any way to the site. All users of the site must accept and agree to abide by them. TOPAY reserves all the rights to amend these terms and conditions at any time without giving prior notice. It is the responsibility of the user to have read the terms and conditions before using the service.

The user is solely and exclusively responsible for understanding and complying with all applicable laws of your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI (the "KYC GUIDELINES") etc., that may be applicable to the user in connection with the business and use of TOPAY.

This website www.topay.tech (hereinafter referred to as “Website”) is owned and operated by TOPAY. Towards the provision of the Services, TOPAY also operates a mobile application titled “TOPAY” (“Application”). For the purpose of these terms and conditions (mentioned below), wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user on the Website by providing Registration Data while registering on the Website or the Application.

Please go through the following terms and conditions (“Terms of Service”, “Terms of Use” or “Agreement”) carefully before registering, accessing, browsing or using the website as they contain legal terms and conditions that you agree to when using the services by accessing the Website or the Application, including without limitation the Product (“Services”). Please note that additionally, usage of the Application will be subject to the terms of the Play Store / App Store, as specified by the specific provider.

By using the Website, Application and/or the Services, you agree to be bound by these terms and conditions set forth including any additional guidelines and future modifications. If at any point of time, you do not wish to be bound by these terms and conditions or do not agree to these terms and conditions, you may not use the website and terminate your use of the Services or Application immediately. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. You shall re-visit the "Terms & Conditions" link from time to time to stay informed of any changes that the Website or Application may introduce.

Changes to the terms and conditions:

TOPAY reserves the right to change or modify the content, or information appearing on or in connection with the Services, including these Terms at any time without notice to the User. TOPAY may at any time revise these Terms of Use by updating this posting on the Website or the Application. The User is bound by such revisions and should therefore do visit these pages to review the current Terms of Use from time to time. All future Changes shall be notified once you log in into your account and please ensure to read and keep updated of the terms and conditions from time to time. By continuing to access the TOPAY Platform or use the Services on or after the effective date of the revised Terms of Use, the User agrees to have read, understood and also be bound by the revised Terms of Use.

For the purpose of these Terms of Use, the following words and phrases shall have the meaning assigned to them under this Article.

"Acquiring bank”: -

means any bank or financial institution that processes debit card or credit card payments of the user of the user

means the service provided by TOPAY and Service Providers, if any, to Users, whereby a User can (make credit card payment to suppliers, beneficiaries or other payees, or any other mode of payment or settlement through banks, that may be accepted by TOPAY from time to time; or (ii) make tax payments including but not limited to goods and service tax payments, payment against challan no. 280, 281, 282, and 283 towards direct taxes as per the Income Tax Act, 1961 or any other taxes that may be offered for payment by TOPAY on the TOPAY Platform; or (iii) make Rental payments or (iv) make utility bill payments or such other services as may be offered by TOPAY from time to time and availed and used by the User on the TOPAY platform, (v) other services as specified by TOPAY, as made available by TOPAY from time to time.

shall mean any person [ individual resident in India and/or a company/partnership firm/sole proprietor/ or entity registered in India] who/which is registered on the TOPAY platform for using this TOPAY platform and/or who/ which subscribes for the Services through this TOPAY platform, to make or to receive payments to or from third parties or to make any settlement, as permitted under applicable laws. The term "User" shall also cover such personnel of any User who are duly authorized to avail of the Services on behalf of the User.

"Settlement Account”: -

means such bank account maintained by TOPAY or the account of any payment services provider on-boarded by TOPAY for the provision of the Services.

means any person to whom a payment is made, using the Services, (and the term includes a User who uses the Services to receive payment).

means any person who makes a payment, using the Services (and the term includes a User who uses the Services to make payment) and for tax payments or utility bill payments it means a person on whose behalf the User has paid taxes or utility bills using TOPAY Services.

mean any services or products which are purchased/ offered for sale by a User to third parties from time to time for which the User is using the Services to make any payments pursuant to a Transaction, but excluding the banned products and services that are listed in Annexure A.

"Service Provider”: -

means a bank, association, facility provider, card issuing institution, acquiring bank, payments gateway, other financial institution, card processor, clearing house networks or any such vendors or service providers, that TOPAY.

"Transaction”: -

means a payment instruction that results in the successful transfer of monies or settlement (a) from a User to a Payee; or (b) from a Payer to a User.

"Transaction Amount”: -

means the total amount payable/ receivable by a User/Payee. This amount shall include all applicable taxes, charges, interest, delivery costs, commissions and other such incidental charges etc.

Application programming interface (API) is a set of subroutine definitions, communication protocols and tools for building software and implies a software code that allows two software programs to communicate with each other.

"Affiliate”: -

i) any natural person, partnership, corporation, association, or other legal entity directly or indirectly owning, controlling, or holding with power to vote 10% or more of the outstanding voting securities of the User; (ii) any partnership, corporation, association, or other legal entity 10% or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote by the User; (iii) any natural person, partnership, corporation, association, or other legal entity directly or indirectly controlling, controlled by, or under common control with, User; or (iv) any officer or director of the User. Notwithstanding the foregoing, “affiliates" shall include only those persons acting on behalf of the User and performing services for the User within the scope of the authority of the User, as set forth in this Agreement.

TOPAY can be used for payment of Rent, Utility, Maintenance or Bill, Vendor, GST or other Products, as specified explicitly from time to time or notified on website. Users agree to take full responsibility for the transactions made on the platform with respect to nature of transaction, beneficiary and the tax implications pertaining to the same. TOPAY and its payment partners act as mere facilitators of authorized payments and shall not assume responsibility nor liability for any unauthorized transactions. TOPAY further reserves the right to hold/suspend/refund and report those bill payments or transactions that are suspicious in nature as determined by TOPAY in its sole discretion.

To be eligible to use the Services, you must be (a) an entity eligible and registered to carry out business or operate in India; or (b) an individual who is at least 18 years old and a resident of India. The Services are intended solely for persons who can form legally binding contracts under Indian Contract Act, 1872 and who are 18 years of age or older and anyone who is not previously suspended or removed by TOPAY from availing the Services or accessing the Application or Website. Any access to or use of the Services by anyone under 18 is expressly prohibited. User also confirms and declares that his Payer/ Payee is similarly competent to contract. A User represents and warrants that he has full power and authority for using the Services and is in strict compliance of all laws as applicable from time to time. Finally, the User also represents not to impersonate any person or entity, or falsely state or otherwise misrepresent his identity, age or affiliation with any person or entity.

In order to avail the Services, User must be registered with TOPAY and the Service Providers, if required. The User shall provide TOPAY with all such identification and proof documents as may be required by TOPAY. By registering with TOPAY, User agrees to provide true, accurate, current and complete information, failing which TOPAY may at any time reject User's registration and terminate his right to use or access the Application, Website or the Services.

When User registers on the TOPAY, a User Account will be created, that is associated with User's user name, password and other identifying information. User shall be responsible for anything that happens through his User Account. User also expressly covenants that the User Account shall be used by him only for his valid and genuine transactions and not otherwise or for any activity prohibited in Annexure A or for scrupulous/fake transactions. User/Payer/Payee hereby expressly acknowledges, agrees and undertakes not to enter into/ facilitate /carry on or attempt to enter into/ facilitate/ carry on any self-financing transaction [“self – financing” means where the registered User avails or uses the Platform to fund his own business account or that of his spouse or relatives or affiliates] on or through TOPAY platform. In the event, the User/Payer or Payee is found to be doing so or attempting to do such self-financing transaction, TOPAY shall at its discretion have recourse to take such actions as it deems fit (including suspension of account, investigation etc, levy of fines or penalty, appropriation of funds lying in the user account) as the case may be, including initiating appropriate legal action as may be By registering with TOPAY, If the User do not feel comfortable with any part of our Terms of Service, he must not use or access the Service. The User expressly undertakes to keep his account information, which includes but not limited to his primary email address, contact number, credit card number, bank account number, communication address, ownership or legal status current and valid and in case of any change in information provided, update his account immediately. In the event of any action/notice by any law enforcement agency or conviction by a court of law, the User shall undertake to forthwith without any delay inform TOPAY about the same and keep TOPAY updated. User shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity. The User is solely responsible for protecting the confidentiality of its own username and password and any activity under the account will be deemed to have been done by you.

The user will be required to submit the following information while registering:

Valid Identification and address proof [AADHAR NUMBER]

Permanent Account Number, Goods and Services Tax Number [PAN NUMBER/GST NUMBER]

Other information as specified by TOPAY.

The User authorises TOPAY directly or through third parties, to make any inquiries as TOPAY consider necessary to validate the identity, including as necessary to comply with the obligations under applicable laws and regulations. This may include asking the user for further information or documentation, requiring him to provide personal identification documents, valid identity proof and address proof.

By using the Website and the Application, it is agreed that you have given your consent to receive calls, auto-dialled or pre-recorded messages/calls from TOPAY and the Service Provider at any time with the use of the telephone number provided by the User, for the use of the Website and the Application, subject to the privacy policy. This also includes your consent to receive SMSs from TOPAY and the Service Providers at any time and contacting you through the information received through third parties as well as contacting other parties through the information provided by you. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. You may send TOPAY a mail at support@topay.in in case you wish to stop contacting you for the same.

The Services may be used exclusively by the User for making and receiving payments from and/or to Payer/Payee or making settlement of a valid and legal transaction and/or to make payments by payment the Transaction Amount to affect a Transaction.

The User hereby understands, accepts and acknowledges that he is solely responsible for any loss or damage caused to the User or User's vendors/customers arising as result of this configuration whether directly or indirectly and shall release TOPAY and the Service Providers from any such liability arising therefrom.

TOPAY has no obligation to verify the authenticity of the Transaction once the transaction is generated through a valid login and authenticated through a password. The User shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the information. TOPAY shall not be liable for any mistake or misuse of the Services by either the User or by any person authorized by the User, or by any person gaining access to the Services through the User. The User agrees that TOPAY accepts all instructions originating from his Account in good faith and that they are genuine and are normal business transaction and, in a manner, consistent with commercially reasonable security standards. The User shall indemnify and hold TOPAY, the Acquiring Banks and the Service Provider safe and harmless for direct or indirect losses resulted as a result of the disclosure of sensitive information by or through User or for any loss or damage caused to TOPAY, its officers and employees or the Acquiring Bank or any Service Provider for any breach of the terms of use/privacy policy/payment terms by the user or his customer or vendor, or for any Intellectual Property infringement claim brought by third party or for any other loss or damage due to security breach

a) On receiving the necessary details from the Service Provider, TOPAY shall initiate the required payment to Payee/User/ as instructed by User/ Payer.

b) Confirmation of the Transaction performed using valid login credentials shall be conclusive evidence of a Transaction being affected.

c) User is responsible to furnish TOPAY with correct and current Payee or Payer information. In the event that the payment is in respect of a purchase or sale of product or services by the User/Payee, TOPAY shall not be required to ensure that the purchased Products and/or services have been duly delivered. In the event a User chooses to complain about a Transaction, the same should be communicated to TOPAY within 3 (three) days of the Transaction. The User expressly agrees and warrants that TOPAY is only an online intermediary / platform for facilitating the payment or settlement of transaction and hence is not responsible to the User or to any other third party for any wrong payment or defect in products delivered or any other dispute between the user and the payee or with banks.

d) All transactions shall be done in Indian Rupees.

e) In case of tax payment, once the GST and/or direct tax payment is processed successfully, the status of the payment will be updated on the GST and/or Direct Tax Portal, however, TOPAY or the Service Providers are not liable or responsible which prevents the processing of any payments. The User shall get a challan confirmation on receipt of the same from the respective tax authorities. However, TOPAY or the Service Providers are not responsible for ensuring the generation of the challan by the tax authorities.

User Obligations

a) Every User is responsible to (i) furnish correct and accurate information of the Payer/ Payee as may be required, on an independent basis; (ii) furnish to TOPAY forthwith on demand, the original copy/copies of proof of delivery of Products, invoices or other records pertaining to any Transaction; (iii) ensure that all licenses and registrations required by him are in full force and effect to enable them to carry on the business of sale/ purchase of Products and rendering of Services and agrees to furnish immediately copies of such licenses on request by TOPAY.

b) User shall not (i) carry out any activity, which is banned, illegal or immoral, (ii) use the Services in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation or which may cause TOPAY to be subject to investigation, prosecution or legal action.

c) User undertakes and assures to TOPAY that payments shall not be made/ received in respect of any Products mentioned in the banned items list set out in Annexure A hereto and that payments are been made in under valid business contract with the customer or vendor and the payments are in respect of genuine business transaction.

d) User undertakes to inform TOPAY if he has any dealing or engages as a vendor/supplier/customer/dealer in any of such prohibited goods at any point of time.

e) User shall act in compliance with all laws, rules and regulations and shall at all times comply with the guidelines set by Visa/Master Card/ Acquiring Banks/ Service Providers, as may be applicable from time to time.

f) User shall not sell, provide, exchange, or otherwise disclose to third parties or use themselves (other than for the purpose of completing a Transaction, or as specifically required by law) any personal information about any third party, including the account details and mobile number, without obtaining the prior written consent of such third party.

g) User shall take all precautions as may be feasible or as may be directed by TOPAY to ensure that there is no breach of security and that the integrity of the link between their systems/ site, the TOPAY platform and the payment mechanism is maintained at all times. In the event of any loss being caused as a result of the link being breached or as a consequence of the link being improper or being in violation of the provisions of this clause, the loss shall be to the account of the User and the User shall indemnify and keep indemnified TOPAY and the Service Providers from any loss as may be caused in this regard.

h) User shall bear and be solely and exclusively responsible for the payment of all relevant & applicable taxes (including any applicable withholding taxes) as may be due from time to time.

i) A User shall not at any time require any other user or any other person to provide him with any details of the accounts held by the other users with any Banks including, the passwords, account number, card numbers, mobile phone numbers and PIN which may be assigned to them by the Banks from time to time.

j) A User shall use the information regarding a Payee/ Payer (including name, address, e-mail address, telephone numbers and other data) conveyed to him whilst using the Services, only for the purpose of completing the Transaction for which it was furnished, and not to sell or otherwise furnish such information to others unless he has an independent source of such information or obtains the express written consent of such Payee/ Payer.

k) A User shall inform TOPAY of any change in his email address, mobile number, address, ownership or legal status or his cessation of business in writing forthwith on such change.

l) User shall not interfere with or damage the TOPAY platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.

m) As a condition of use of the Services, the User will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or violate the T&Cs. TOPAY reserves the right to suspend the user's TOPAY account or restrict use of services or any such other action as TOPAY may deem fit [ including but not restricted to such legal recourses as may be available, without any prior notice to the User.

n) User shall not impersonate any person or entity, falsely claim or otherwise misrepresent his affiliation with any person or entity, or access the accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted, perform any other similar fraudulent.

o) User shall not infringe TOPAY or any third party's intellectual property rights, rights of publicity or privacy.

p) User shall not use the TOPAY Services or the TOPAY Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the TOPAY Services or the TOPAY Platform in an automated manner or otherwise.

q) TOPAY has the right to investigate and prosecute violation of any of the above to the fullest extent of the law or seek such legal recourse as available.[including but not restricted to indemnify and keep TOPAY and its officers, affiliates from any such losses or damages as TOPAY may incur on account of such violations and also right to adjust any money lying in the settlement account towards losses or damages that TOPAY may suffer on account of such violation, without prior notice to the User.

r) User shall not use TOPAY Services or TOPAY Platform for any self-financing activities which includes but not limited to transfer of funds to the Payee against any fake or fraudulent transactions, transfer of funds to self-owned account, use of credit card registered in User's name by any other User/Payer on TOPAY Platform, transfer of funds to any subsidiary, holding, associate company of the User or any related party, unless such transfer of funds is towards a genuine transaction between the User and the other Party.

s) TOPAY has the right to temporary terminate such User's access to the TOPAY platform. User shall be given a reasonable opportunity of being heard and provide evidences/proof ensuring the validity of the transaction, any failure to prove the validity of the transaction will lead to permanent embargo on the User to access the TOPAY Platform. In addition to this, TOPAY also has the right to impose penalty or appropriate funds in the user account as it deems fit.

t) The User hereby expressly agrees and undertakes not to use this TOPAY platform to facilitate any payment or settlement or collect monies from Vendor/Customer who /which is an affiliate.

u) Every User availing GST payment service on TOPAY Platform shall ensure that: (i) valid login credentials are entered by the User while accessing the GST portal; (ii) correct and accurate amounts are mentioned against respective type of tax heads; (iii) CPIN amount mentioned on the TOPAY Platform should be verified; (iv) any losses that may be incurred due to providing of incorrect CPIN or incorrect amounts in the tax heads while making GST payments shall be at the cost and expense of the User.

v) Every User availing utility bill payment service on TOPAY Platform is responsible to (i) furnish correct and accurate information of himself or of the Payer if the User is making payment of utility bill on behalf of the Payer (ii) verify name, address, e-mail address, telephone numbers, utility/consumer account number and other data of the Payer if the User is making utility payment on behalf of the Payer.

w) Every User availing direct tax payment service on the TOPAY Platform is responsible to (i) furnish correct and accurate information of the Payee and/or of the Payer if the User is making payment of tax of deducted at source on behalf of the Payer (ii) verify name, address, e-mail address, telephone numbers, PAN/TAN and other data of the Payer if the User is making tax payment on behalf of the Payer; (ii) verify the challan type selected before initiating payment; (iii) any losses that may incurred due to providing of incorrect PAN/TAN or other information of the Payer on TOPAY Platform while making tax payments shall be at the cost and expense of the User.

x) In the event of any dispute between the User and the Payer with respect to the tax payments or any other payments in connection with the Services, TOPAY shall not be made a party to any litigation, arbitration or other proceeding instituted in respect of such disputes.

y) User shall ensure that he is selecting the appropriate service on the app and is utilizing the app only for those purposes as selected by the User on the app.

User Account History

When a payment is made to a Payee's designated bank account, TOPAY will update User on the TOPAY platform and provide User with a transaction confirmation. The confirmation will serve as User's receipt. Upon request of User, TOPAY may provide a summary of his User Account activity, for up to one year of account activity. Except as required by law, User is solely responsible for (a) compiling and retaining permanent records of all Transactions and other data associated with his User Account and his use of the Services, and (b) reconciling all transactional information that is associated with User's Account. If User believes that there is an error or unauthorized transaction activity is associated with his User Account, he must contact TOPAY immediately.

a) TOPAY and or the Acquiring Bank will not be responsible for any disputes between the Users and the Payers/ Payees, including issues regarding prices, delivery, non-delivery, deficiency of services or delay in delivery of the Products, quality of Products or services or otherwise. All such disputes will be dealt with by and between the User and the Payer/ Payee directly, and TOPAY shall not be a party to such disputes.

b) TOPAY cannot and does not guarantee the timings of any payments made or received as such timing is dependent upon User's or the Payer's bank, card issuing bank/ card processor (where a credit/ debit card is used), acquiring financial institution and other Service Providers. TOPAY assumes no liability and shall not be held responsible for any delays in delivery of payment or availability of funds when using the Services.

c) TOPAY and the Acquiring Bank shall not be a party to the contract between the User and any Payer/ Payee in any manner whatsoever. All contracts are directly between Users and their Payers/ Payees.

d) User shall be responsible for any miscommunication or incorrect User/ third party/ other information that may be provided to TOPAY at the time of enabling the Services for the User.

e) TOPAY / Service Provider reserve the right to impose limits on the number of Transactions which may be charged on an individual credit card or other account during any time period and reserve the right to refuse to make payments in respect of Transactions exceeding such limit. TOPAY also reserves the right to impose limits on each and every amount which may be charged on an individual credit card or other account at any point of time. TOPAY / Service Provider also reserve the right to refuse to make payments in respect of Transactions by Users with a prior history of questionable charges or for any other reason as the case may be.

a) The User will not hold TOPAY liable in case of any improper/ fraudulent/unauthorized/ duplicate/erroneous use of his mobile and/or the web-based access or through any other platform. TOPAY will also not be liable for any direct or indirect consequences connected with the use/ misuse of User's web/ mobile/ e mail account by any third party. If any third parties gain access to the Services, the User will be responsible and shall indemnify TOPAY against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use, or otherwise.

b) The User shall be fully liable for: (a) any unauthorised use of his mobile/ email account; and/or (b) all authorised Transactions on his web/mobile/email account.

c) Without prejudice to the remedies available to TOPAY and these Terms of Use, TOPAY shall be under no liability whatsoever to the User in respect of any loss or damage arising directly or indirectly out of:

any defect in any Products supplied to him or services rendered to him;

any inability of a third party to supply or deliver the required Products or services in the necessary numbers or types or manner;

the refusal of any person (including a Service Provider) to honour or accept a payment;

the malfunction of any computer terminal or equipment;

the utilization of the Services by any person other than by the User;

any transaction which is unsuccessful or fails for any reason whatsoever, whether TOPAY has a prior notice of it or not;

any mis-statement, error or omission in any details disclosed to TOPAY.

Intellectual Property Rights

The TOPAY platform content and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to TOPAY, subject to copyright and other intellectual property rights under the law and international conventions. Such TOPAY platform content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of TOPAY.

The User also expressly agrees and undertakes and consents to use of its trade mark, service mark and logo on TOPAY website/platform/app.

Disclaimer of Warranties

The content and functionality on the TOPAY platform are provided with the understanding that TOPAY is not herein engaged in itself for making payments. TOPAY is an intermediary between banks, service providers and users.

All content and functionality on the TOPAY platform are provided "as is," without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. TOPAY makes no warranties, express or implied, as to the accuracy, or adequacy of the TOPAY platform or that the services provided or the functionality on this TOPAY platform will be uninterrupted or error-free.

TOPAY do not warrant to the user that: -

(a) the information or contents provided on the TOPAY platform will be accurate, complete and updated;

(b) the use of the services will meet the user's requirements;

(d) any information obtained by the user as a result of use of the services will be accurate or reliable;

(e) any material downloaded or otherwise obtained through the use of the services is done at the user's own discretion and risk and that the user will be solely responsible for any damage to his computer system or other device or loss of data that results from the download of any such material.

No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with TOPAY services or any data/content.

TOPAY does not warrant that products/services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that products/services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. Bank provide the products/services on an "as is", "where is", "with all faults" basis.

User hereby acknowledges that his use of this TOPAY platform and the services is at his sole risk.

Under no circumstances shall TOPAY or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors or assigns be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, this TOPAY platform or the services, including for viruses alleged to have been obtained from the TOPAY platform, even if TOPAY has been advised of the possibility of such damages or losses and regardless of the theory of liability.

Limitation of liability

User expressly acknowledges and agrees that, to the maximum extent permitted by law, the entire risk arising out of his access to and use of the TOPAY t platform and services, remains with him. Neither TOPAY nor the acquiring bank nor any other party involved in providing or delivering the TOPAY platform or services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute services, or in connection with these terms, as a result of his use of the TOPAY platform or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not TOPAY has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. For tax payments and or utility bill payments through the TOPAY platform, TOPAY shall not be responsible for any system failure or non-completion of transaction whether such failure or non-completion includes system failure, downtime or nonavailability at the bank/utility providers website or tax authorities web site.

Except for TOPAY's obligations to make payments through the settlement account as envisaged herein, in no event will TOPAY's aggregate liability arising out of or in connection with these terms and user's use of the TOPAY platform and services, exceed the amount of indian rupees one thousand only in aggregate at all times or the amount paid by the user for availing TOPAY platform, whichever is lesser.

Unless otherwise set out, all payments may only be made in Indian Rupees. TOPAY may, change any fee or charge or institute new fees or charges. The User agrees to pay all fees and charges so levied.

TOPAY shall not make any refunds of any amounts other than as agreed by these Terms. The User hereby accepts that he may, from time to time, receive from TOPAY or its associates, communications such as service announcements, advertisements or administrative communications.

TOPAY's sole obligation and User's sole and exclusive remedy in the event of interruption to the Payment Services or loss of use and/or access to the Payment Services, shall be to use all reasonable endeavours to restore the Payment Services as soon as reasonably possible.

In no event shall TOPAY or a Service Provider be liable to a User or any other third party for any applicable taxes and government levies. Any link on the TOPAY platform to a third-party site is not an endorsement of that third-party site or platform. The use or browsing by a User of any other TOPAY platform shall be subject to the terms and conditions in each such TOPAY platform.

TOPAY does not endorse any advertiser or merchant linked to its TOPAY platform. In case of any such endorsement, the User must verify all information provided by the merchants/ advertisers before arriving at his decision to purchase any Product.

The User's participation in any event/ contest/ promotion shall be governed by the terms and conditions mentioned in the respective event/ contest/ promotion along with these Terms.

TOPAY shall not be liable for any unauthorised access to the User's data or any unauthorized transmissions sent through the TOPAY Services. TOPAY shall have the right, at its sole discretion, to:

restrict or terminate a User's access to its Services;

modify or discontinue its Services or any part thereof;

require a User to provide details in respect of any transactions and any other details as required by TOPAY from time to time; without incurring any liability therefor.

TOPAY shall have the right, in its sole discretion, for any or no reason, and without penalty, to suspend or terminate a User's use of the TOPAY platform and its Services or any part thereof, with or without notice. The User shall not (whether on-line or otherwise) describe itself as agent or representative of TOPAY or make any representations to any customer or any third party or give any warranties which may require TOPAY or Service Provider to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to customer or any third party.

TOPAY shall not be liable for any breach of these Terms due to any force-majeure event such as act of God, fire, lightning, explosion, flood, inclement weather conditions, power failures, failure in any communication systems, equipment breakdown, strikes, lock-out or any other cause beyond the control of TOPAY. Additionally, TOPAY will not be responsible or liable for any disruption to the ability of the User to utilize the Services on account of payment failures of the failure of any third party.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. TOPAY may assign or transfer its rights and obligations to any other party, with or without a notice to the User.

By using these payment processing services of TOPAY (as more particularly described in the General Terms and Conditions), User agrees to be bound by the General Terms and Conditions (” Terms”), these additional terms and conditions (“Payment Terms”), the Privacy Policy and all other term policies and guidelines applicable to the Services (as defined in the Terms). The Services may be availed only in India. Defined terms will have the same meaning as those found in the Terms, unless otherwise re-defined herein.

Convenience Fees:

The Acquiring Bank will authenticate, authorize, and process the payment instructions given by the Payer in respect of a Transaction upon fulfillment of valid criteria as set forth by the Acquiring Bank from time to time and accordingly transfer such approved Transaction Amount from the Payer's Credit Card to the Settlement Account maintained by TOPAY.

In consideration of the Services rendered by TOPAY to the User, the User shall pay to TOPAY a Convenience Fee. The User can view the Convenience Fee details on the TOPAY App.

The User will be made aware of the Convenience Fee on the mobile Application prior to making the Transaction. The User can proceed to make the Transaction only upon his agreement to the Convenience Fee charged for the use of the particular service. All the Convenience Fees paid to TOPAY are non-refundable. Convenience Fee can be revised from time to time at the discretion of TOPAY and the User is required to read the FAQs to know about the updated Convenience Fee.

TOPAY shall deduct its Convenience Fees plus service tax per successful Transaction and make payment of the balance of the Transaction Amount to User/ Payee's designated bank account. All other taxes, duties or charges shall be borne and paid by User, unless otherwise agreed between the Parties. TOPAY reserves the right to alter / modify / change the Convenience Fee payable at its discretion at any time without notice to the User.

It is hereby agreed and acknowledged by the User that the Convenience Fees charged by TOPAY in respect of a Transaction that has been settled or completed shall not be returned or repaid by TOPAY to the User or any other person irrespective of the Transaction being rejected, charged back, refunded or disputed.

TOPAY shall deduct its Fees as well as GST from the Transaction Amounts received by them. User is responsible for determining any other taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for his use of the Services (“Taxes”). User is also solely and exclusively responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority at such amounts as may be levied by law from time being in force. TOPAY is not obligated to, nor will they determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. TOPAY specifically disclaims any liability for Taxes.

TOPAY will automatically initiate a pay out of the Payment Amount to a Payee's designated bank account as set out herein below: All Transactions through credit card shall be credited to Payee within 48 working hours of completion of successful Transaction (subject to normal banking hours and holidays). All payments shall be made by TOPAY subject to receipt of the same in the TOPAY Bank Accounts.

All payments settled by TOPAY to any Payee shall be through TOPAY Bank Account or such other banking channels as may be available from time to time. TOPAY will initiate a Payout of the Payment Amount received on non-business days, on the next business day.

TOPAY may defer Payout or restrict a Payee's access to the Payment Amount if TOPAY needs to investigate or resolve any pending dispute related to User's use of the Services. TOPAY may also defer Payout or restrict access to the Payment Amount as necessary to comply with applicable law or court order, or if requested by any governmental entity or the Acquiring Bank, Service Providers or the payment system provider.

Processing Errors

TOPAY will attempt to fix processing errors it discovers. If the error resulted in Payee's receipt of fewer funds than he was entitled, TOPAY will credit his Account for the difference, subject to TOPAY receiving the necessary funds and verifying such shortfall. TOPAY will only be able to attempt to correct Transactions that User processes incorrectly if he notifies TOPAY of such an error before transaction getting processed from TOPAY's end. User's failure to notify TOPAY of a processing error forthwith will be deemed a waiver of any right to amounts owed to him.

TOPAY will initiate a Payout of the Payment Amount received on non-business days, on the next business day.

Chargeback Policy

A Chargeback shall mean a Transaction that is uncollectible and returned to Service Provider/ TOPAY by User/ Payee or acquiring bank for a refund to the concerned Payer / User due to any of the following reasons: a) Any payment which the User/ Payer refuses to honour or demands a refund of because the Products or services, purchased or sold or the delivery thereof, was not as promised or was defective, deficiency of service, incomplete and /or unsatisfactory for any reason whatsoever, or that payment for the same has already been made.

b) Any payments by a User/ Payer using the Services, which is returned by the acquiring bank for any reason whatsoever.

c) Any charge/debit arising out of any alleged hacking breach of security or encryption that may be utilized by Service Provider/ TOPAY/ Payee from time to time.

d) Any Transaction that is unsuccessful.

As a result of the rapid nature of movements of funds, once a payment has been initiated through the app, it may not be possible to retract the same. Hence neither the Acquiring Bank nor TOPAY shall be responsible to the User or anyone else for chargeback or refund. The user hereby expressly acknowledges and confirms that TOPAY shall not be liable for the Chargeback.

Any such retraction of payment shall be between User and Payee directly and a chargeback can be considered only if the Payee refunds the amount back. In the event of a Chargeback situation arising in case of any Products or services purchased by a User or Payer, for which payment has not yet been made to the Payee or User, the User or Payer shall be advised by TOPAY to resolve the issue with the Payee or User at the earliest and TOPAY shall then settle the payment in accordance with the solution agreed upon by the Parties once the same is communicated to TOPAY. In any event, Chargeback request may be entertained only if the Payee refunds the amount and hence TOPAY is under no obligation otherwise.

TOPAY shall not be responsible to make payments in respect of any Chargeback unless it has received the requisite amounts from the concerned acquiring bank/ Service Provider/ Payee/ User. In the event of the receipt by TOPAY of an amount of a Chargeback from the acquiring bank / Service Provider, TOPAY shall pass on to User/ Payer such amount received by them within 7 (seven) working days.

Cancellation and Refund Policy

If a User has initiated a Transaction, the user cannot cancel the same once the transaction has been initiated/ processed.

User is solely responsible to add the payee bank account details on the TOPAY Application or Website and the User must ensure that the details entered in respect of the account name, account number, IFSC code, etc are correct. TOPAY shall not be liable to check or validate the account details on behalf of the User. The User acknowledges that in case the User enters incorrect bank details, TOPAY will not be responsible/liable to refund any amount to the User whatsoever. TOPAY, the Service Providers and the Acquiring Banks will not be responsible in case the User initiates a wrong/incorrect transaction. Users shall have very well understood and acknowledge that payments when made into a bank account of the Payee are irreversible as the same falls under the personal jurisdiction of the said person.

The user can raise a dispute/query in respect of a particular Transaction within a period of 3 (three) days after initiation of such Transaction. Any dispute/query raised after 3 days will not be considered valid by TOPAY and TOPAY will not be liable to refund any monies in such scenario.

In case the User claims a refund after the Transaction is settled, the User expressly agrees that such transactions cannot be rolled back and hence covenants to resolve this transaction with the Payee offline and inform TOPAY on such resolution. There shall be NO REFUNDS or REVERSAL of any kind for successfully initiates/processed Transactions.

However, the User shall be fully refunded for any kind of debits on account of technical failure on the website or mobile application. Technical failure in this context refers to a deviation from the established payment process on our website or mobile application without an acknowledgement to the User on the successful remittance of the Transaction. In such a case, the User shall be refunded the entire amount, including the Convenience Fee (if any), without any demur into his account within 7 to 10 working days.

All refunds to customers shall not entail any charge-back of Convenience Fee and related taxes. In case of user violating any T&C of TOPAY, TOPAY reserves the right to hold back any payment which it feels as suspicious or invalid unless completely validated.

Fraudulent Transactions

In case TOPAY is intimated, by the Acquiring Bank or a Card Payment Network, that a customer has reported an unauthorised debit of the customer's payment instrument ("FRAUDULENT TRANSACTION"), then TOPAY 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. In the event the Fraudulent Transaction results in a Chargeback, then the Chargeback shall be resolved in accordance with the provisions relating to Chargeback as set out under these Terms of Use.

If the amount in respect of a Fraudulent Transaction has already been settled to the User pursuant to these Terms of Use, any dispute arising in relation to the said Fraudulent Transaction, following settlement, shall be resolved by the payment providers and the acquiring banks in accordance with applicable laws.

If either TOPAY or Service Provider suspects, on reasonable grounds, that a User has committed a breach of these Terms or any other agreement with TOPAY or any act of dishonesty or fraud against TOPAY/ any Service Provider, TOPAY shall be entitled to (a) suspend all payment under these Terms; (b) deactivate/ suspend the User Account and disable your password; and (c) terminate User's access to the TOPAY platform or the Services; pending enquiries by TOPAY. User may cancel his User Account at any time by sending TOPAY an email to that effect.

User shall keep TOPAY and the Acquiring Bank and Service Providers safe and harmless and indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against TOPAY by another User/ Service Provider/ third party for reasons including, but not limited to (i) delivery, non-delivery or delay, deficiency or mistake in respect of the Products purchased sold or services rendered; (ii) a breach, non-performance, non-compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made by him; (iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the User, or his employees, subcontractors and agents in performance of their obligations under these Terms of Use; (iv) infringement of Intellectual property rights, privacy rights of third parties; (v) third party claims or suits.

Annexure A: Banned items

1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.

2. Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.

3. Body parts which include organs or other body parts.

4. Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam).

5. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.

6. Child pornography which includes pornographic materials involving minors.

7. Scrupulous Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection.

8. Scrupulous Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials.

9. Scrupulous Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.

10. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods.

11. Drug test circumvention aids which include drug cleansing shakes, urine test additives, and related items.

12. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.

13. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.

14. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.

15. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, atomises, or other protected property.

16. Illegal goods which include materials, products, or information promoting illegal goods or enabling illegal acts.

17. Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes.

18. Offensive goods which include literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) crime which includes crime scene photos or items, such as personal belongings, associated with criminals.

19. Prescription drugs or herbal drugs like salvia and magic mushrooms or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.

20. Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.

21. Regulated goods which include air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; goods regulated by government or other agency specifications.

22. Securities, which includes stocks, bonds, or related financial products.

23. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.

24. Traffic devices which include radar detectors/ jammers, license plate covers, traffic signal changers, and related products.

25. Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.

26. Wholesale currency which includes discounted currencies or currency exchanges.

27. Live animals or hides/skins/teeth, nails and other parts etc of animals.

28. Multi-Level Marketing collection fees.

29. The User shall not sell, purchase, provide or exchange a cardholder's name or MasterCard / Visa account number information in any form obtained by reason of a MasterCard/ Visa Card transaction to any third party other than its MasterCard/ Visa acquiring member-Citrus Pay, or pursuant to a government /statutory or competent body's request.

30. Relate to a) promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (b) Any product or service that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (c) to store, track, transfer, and manage balances of digital currencies, like Bitcoin or Ethereum or cryptocurrencies.

31. Relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (e) involve offering or receiving payments for the purpose of bribery or corruption or money laundering in any manner whatsoever.

Terms And Conditions