(The terms "User(s)"/"you"/ "your" shall hereinafter refer to the Seller(s) and/or the Buyer(s) as the case maybe).
This is an important document which you must consider carefully when choosing whether to use RePay Fintech PVT LTD Services at any time. Please read the terms of this Agreement (along with Links to this Agreement) carefully before agreeing to it. This Agreement also highlights certain risks on using the RePay Fintech PVT LTD Services together with guidance on how online payments through RePay Fintech PVT LTDMoney can be facilitated.
You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your business and your use of the RePay Fintech PVT LTD Services.
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, THE USER EXPRESSLY AGREES TO AND CONSENTS TO BEING IRREVOCABLY BOUND BY THIS AGREEMENT AND ALL OF THE TERMS SET OUT HEREIN. IF THE USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED. RePay Fintech PVT LTD MONEY WILL PROMPTLY CANCEL THE ASSOCIATION AND THE USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
RePay Fintech PVT LTD MONEY SHALL HAVE DEEMED TO HAVE ACCEPTED THIS AGREEMENT AND THE CONTRACT SHALL ONLY BE CONSIDERED TO BE DULY EXECUTED, VALID AND BINDING AFTER THE RECEIPT OF THE USER INFORMATION FROM THE USER, DUE VERIFICATION OF THE SAME BY RePay Fintech PVT LTDMONEY AND A VERIFICATION OF THE CONTRACT BEING SENT BY RePay Fintech PVT LTD MONEY TO THE USER AS MORE SPECIFICALLY STATED BELOW.
Web Application User Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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.
These terms and conditions (“Agreement” or “Terms and Conditions”) set forth the terms and conditions that apply to your access and use of www.RePay Fintech PVT LTD and RePay Fintech PVT LTD mobile Application (hereinafter collectively referred to as “Sites”) as owned and operated by RePay Fintech PVT LTD Payments Private Limited (RePay Fintech PVT LTD money,” “we,” “our” or “us”) and/or our affiliates and payment facilitation services including Bill Payment Services provided by us (hereinafter collectively referred to as “Services”).
The term Sites will also include all pages that are sub-domains or are associated or within each Site and all devices, applications, features, content, technologies, functionalities and other services including updates and new releases that RePay Fintech PVT LTD operates or offers, from time to time, through such Sites.
THIS IS AN IMPORTANT DOCUMENT WHICH YOU MUST CONSIDER CAREFULLY WHEN CHOOSING WHETHER TO USE THE SERVICES AT ANY TIME. PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE AGREEING TO IT.
BY CHECK-MARKING ACCEPTANCE OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICES, YOU EXPRESSLY AGREE TO AND CONSENT TO BEING LEGALLY AND IRREVOCABLY BOUND BY THIS AGREEMENT AND ALL OF THE TERMS SET OUT HEREIN. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU SHALL NOT USE THE SERVICES, RePay Fintech PVT LTD MONEY WILL PROMPTLY CANCEL THE ASSOCIATION AND YOU SHOULD NOT ACCESS, USE OR INSTALL ALL OR ANY PART OF SERVICES.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Agreement at any time without any prior written notice to you. Any changes or modifications will be effective immediately upon posting of the revised Terms to our Services, and you waive any right you may have to receive additional notice of such changes or modifications. Your continued use of Services following the posting of changes will mean that you accept and agree to the revisions; therefore, it is your responsibility to frequently review these Terms and all applicable terms, policies and guidelines to understand the terms and conditions that apply to your use. If you do not agree to the amended/revised terms, you must stop using the Services. Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your right to use the Services.
When you use Services provided by us, you will be subject to rules, guidelines, policies, terms, and conditions applicable to such Services, as may be modified from time to time and they shall be deemed to be incorporated into this Agreement and shall be considered as part and parcel of this Agreement. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Services.
1. REGISTRATION FOR SERVICES
You must register with us and open a RePay Fintech PVT LTD account (RePay Fintech PVT LTD money Account”) in order to use the Services. We allow both individuals and Legal Entities to register with RePay Fintech PVT LTD. You agree to:
(a) provide only current, accurate and complete information about yourself in the course of registering to use the Services (such information being the "Registration Information"); and
(b) maintain and promptly update the Registration Information, as necessary, to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will not have any cause of action against us for such suspension or termination of your account.
You represent that you are the legal owner of, and that you are authorized to provide us with, all Registration Information, account information and other information necessary to facilitate your use of the Services.
For registration of your business, you are permitted to apply and enroll only if you represent a legitimate business and have the authority to enter into these Terms and Condition on behalf of the business. You represent and warrant that you are duly authorized by the business entity to accept this Agreement and have the authority to bind such business entity to the terms and conditions given in this Agreement. Further, you represent and warrant that the business entity will continue its acceptance through the then authorized signatories, the terms of this Agreement as may be modified from time to time as long as such business entity continues using the Services.
You further represent and warrant that the business entity has all the requisite consents, approvals, certificates, agreements, registrations and licenses in accordance with the laws, regulations, rules and guidelines in force in India from time to time.
2. ELIGIBILITY REQUIREMENT FOR OPENING A RePay Fintech PVT LTD MONEY ACCOUNT
By creating/opening a RePay Fintech PVT LTD Account, you represent and confirm that you are
(a) 18 (eighteen) years of age or older;
(b) not 'incompetent to contract' within the meaning of the Indian Contract Act, 1972; and
(c) entering into and performing this Agreement, as per applicable law.
You further represent and confirm that you are not a person debarred from using the RePay Fintech PVT LTD Sites and/or receiving the Services under the laws of India or other applicable laws.
Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes.
3. USER NAME AND PASSWORD
As part of the RePay Fintech PVT LTD registration process, you will create a username and password for your RePay Fintech PVT LTD Account. You must choose a reasonably descriptive username that clearly identifies you or your business. In addition, your password should not contain any details about you that is easily available or identifiable. You are responsible for maintaining the confidentiality of the password and the RePay Fintech PVT LTD Account. For security purposes, we recommended that you memorize your password and do not write it down. You agree not to disclose these credentials to any third party. Any person to whom you give your password will have full access to your payment information, and you assume all risk of loss resulting from any such access. All information and instructions received from your RePay Fintech PVT LTD Account will be deemed to have been authorized by you and the recipients of this information shall rely on its authenticity based on the use of your password. You will be responsible for all actions taken by anyone accessing the Services using your username and password.
In the event of any dispute between two or more parties as to ownership of a particular RePay Fintech PVT LTD Account, you agree that RePay Fintech PVT LTD will be the sole arbiter of such dispute. RePay Fintech PVT LTD's decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
4. VERIFICATIONS OF INFORMATION
We may share some or all of the information you provide with the Payment System Providers, Card Associations, issuing banks, Nodal Banks, Merchants/ Billers (defined hereinafter) and other statutory, regulatory and governmental authorities. By accepting these Terms and Conditions, you authorize RePay Fintech PVT LTD to request for supplemental documentation at any time (before or after your RePay Fintech PVT LTD Account has been activated), in order to verify your identity, the accuracy of the information provided. If we cannot verify that this information is accurate and complete, we may deny your use of the Services, or close your RePay Fintech PVT LTD Account at any time. At any time, RePay Fintech PVT LTD and/or the Payment System Providers may conclude that you will not be permitted to use the Services.
5. OUR RELATIONSHIP WITH YOU
We provide online payment facilitation services. Through the RePay Fintech PVT LTD aggregate payment gateway services, we facilitate you in making payments to our registered merchants/sellers (“Merchants”) for purchase of goods and services or to our registered billers (“Billers”) for paying your bill using your debit card, credit card, net banking and any other acceptable modes of payment mechanism provided by us. These transactions are between the Merchants/Billers and you. We are only acting as an intermediary. We facilitate the collection of payments from you and facilitate the settlement of such payments to the respective Merchant/Biller. We are not involved in the clearing or payment of the transaction. In order to serve in this role, we have entered into agreements with various Nodal Banks, Payment System Providers, as defined under the Payment and Settlement Systems Act, 2007, Card Associations and other payment processing system providers, to enable use of internet payment gateways developed by/for them in order for them to effect payments between you and the Merchants/Billers and provide clearing, payment and settlement services with respect to your transaction. It is to be clarified that the payment instructions are authenticated, authorized and processed by the Card Associations and your issuing bank through the Payment System Provider’s payment gateway and we does not have any role in the same.
In addition, we provide value added services such as bill presentment, bill reminders, and dashboard for transparency of transactions, loyalty points and discounts etc.
As a part of the Service offerings, we also provide a cobranded e-wallet by the name of RePay Fintech PVT LTD wallet issued by RBL (“e-Wallet”). This e-Wallet is a semi-closed pre-paid instrument which is issued by RBL Bank Limited and marketed and distributed by RePay Fintech PVT LTD on the Sites. This e-Wallet may only be used on the RePay Fintech PVT LTD Site to make payments for goods and services purchased from registered merchants or make bill payments to registered billers or for transfer of funds from one walletholder's e-Wallet to another walletholder's e-Wallet or for any such other reasons as mutually agreed from time to time. If you avail the Services of the e-Wallet, you agree and accept the terms and conditions provided by us.
Use of our Services may be available through a compatible mobile device or other device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
RePay Fintech PVT LTDMONEY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
6. RIGHTS YOU GRANT TO US
By submitting information, data, passwords, user names, other log-in information, materials and other content to us, you are granting us the right to use that for the purpose of providing the Services. We may use and store the content in accordance with this Agreement and our Privacy Statement, without any obligation by us to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize RePay Fintech PVT LTD to access your account information and payment information and submit the same further for processing your payments to any party to whom it is required to be submitted for the purpose of providing you Services. We shall be acting as an intermediary, while providing you payment facilitation services. You agree that our role is limited to facilitating your payment instructions and providing other values added services.
7. YOUR OBLIGATION TOWARDS PAYMENT SYSTEM PROVIDERS AND CARD ASSOCIATIONS
As you will be using the services of Payment System Providers and Card Associations to process your payment instructions, you consent and agree to comply with the rules, guidelines, directions, instructions, requests, etc. (“Guidelines”) made by the Payment System Providers and Card Associations from time to time. Notwithstanding our assistance in understanding the Payment System Providers and Card Association Guidelines, you expressly acknowledge and agree that you are assuming the risk of compliance with all applicable Guidelines. You further acknowledge that the Payment System Providers, Card Associations and your issuing bank may also put limitations and restrictions on you, at its sole discretion. You are responsible for keeping yourself up -to- date and compliant with all such Guidelines. In addition, the Payment System Providers and Card Associations have the right to reject payments made by you for any reason whatsoever. If you fail to comply with your obligations towards the Payment System Providers, we may suspend or terminate your RePay Fintech PVT LTD Account.
8. REJECTION OF AUTHENTICATION AND AUTHORIZATION
You understand that the Payment System Providers and/or Card Association and/or your issuing bank may reject authentication and/or authorization of transaction placed by you for any reason including but not limited to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management, suspicion of fraudulent, illegal or doubtful transactions, selling of banned items, use of compromised cards or bank account numbers, use of banned/blacklisted cards or bank account numbers, use of suspicious API or in accordance with the RBI, Acquiring Banks, Issuing Institution and/or Card Association rules, guidelines, regulations, etc. and any other laws, rules, regulations, guidelines in force in India.
You further acknowledge that as a security measure we and/or the Payment System Providers may at our sole discretion, permanently or temporarily, block any card number, account numbers, group of cards or transactions from any specific blocked or blacklisted cards /, accounts, specific, group of IP addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.
As a risk management tool, we and/or the Payment System Providers reserve the right to limit or restrict transaction size, amount and/or monthly volume at any time. We will consider a variety of factors in making a decision and such determination will be at our sole discretion.
9. TRANSACTION CONFIRMATION AND ACCOUNT HISTORY
When your payment instructions are successfully processed with respect to a transaction, we will update your RePay Fintech PVT LTD Account activity and provide you with a transaction confirmation. This confirmation will serve as your receipt. You acknowledges that we will only release the transaction confirmation upon receiving confirmation with respect to the authentication, authorization and processing of such Transaction (your bank account or debit or credit card being debited or charged) from the Payment System Provider ("Transaction Confirmation").We will not be responsible for any transactions that have not been confirmed to us by the Payment System Providers.
The summary of your transaction history is available on your RePay Fintech PVT LTD Account dashboard. Except as required by law, you are solely responsible for
(a) compiling and retaining permanent records of all transactions and other data and
(b) reconciling all transaction information that is associated with your RePay Fintech PVT LTD Account. If you believe that there is an error or unauthorized Transaction activity that is associated with your RePay Fintech PVT LTD Account, you agree to contact us at support@RePay Fintech PVT LTD.immediately not later than 5 (five) days.
10. RISK MONITORING; UNUSUAL OR SUSPICIOUS TRANSACTIONS
In an effort to manage our risk, we may monitor your transactions and processing activity for high-risk practices or for fraudulent transactions. We may also engage third-party service providers to assist in these efforts and other elements of the Service. If we believe there is suspicious or unusual activity, we may temporarily or permanently suspend your access to the Service. Suspicious or unusual activity includes, but is not limited to changes in your average transaction amount or processing pattern or use of different payment accounts.
11. ADDITIONAL CLAUSES FOR BILL PAYMENT SERVICES
Description and Fees of Bill Payment Service: We provide you with bill payment services that enables you to make payments (“Bill Payment Services”) to Billers. To be eligible to use the Bill Payment Services, you will need to provide us with your account information with Billers you choose (such as customer account number/ consumer identification number/code) and any information necessary for us to access your accounts with such Billers ("Bill Payment Account Information"). By using the Bill Payment Services, you expressly authorize us to store, use and access the Bill Payment Account Information, on your behalf for the purpose of providing Bill Payment Services to you. You may access information about your bill payment requests by logging into your RePay Fintech PVT LTD Account.
Accuracy of Information: You understand and acknowledge that you are responsible for the accuracy of the information you provide about each payment request made by you, including the Bill Payment Account Information, telephone number, the amount of the transaction, etc.
Scheduling your payments: Payment posting times will vary depending upon the Biller you select and actual posting of payments and may take between 48 to 72 hours from the time the payment is made by you. When we receive a payment instruction, you authorize us to send instruction to the Payment System Provider’s to debit your card/ bank account/prepaid account/card and remit payments to Billers on your behalf. However, since we have no control over when a Biller will actually process your payment after receipt, we are not responsible if a Biller credits a payment at a later date or denies acceptance of your payment. Further, if your payment due date falls on a weekend or holiday, you must submit the payment sufficiently in advance to include time for processing of the payment. It is solely your responsibility to submit payments so they arrive by the Biller’s due date. Payments are subject to the policies and procedures of Billers. We are not liable (including for any penalties or late charges) for late or delayed posting of payments against your billing account either due to processing delays by the Biller or otherwise. You are responsible for paying any and all late charges and penalties imposed by a Biller.
Payment history: We do not send periodic statements showing your bill payment history. You may access information about your bill payment requests through your RePay Fintech PVT LTD Account. You should also confirm your bill payment requests against any statements or payment records provided by the Biller and your payment source.
12. 'ONE TAP' FEATURE
By availing the complete 'One Tap' feature, you will be able to process your payment requests made using your debit or credit card stored with us by simply selecting the faster checkout saved card and clicking the “Make Payment” or “Pay Now” button.
One Tap feature may be divided in two parts:
Faster Checkout option: When you enter your debit card/debit card details for the first time while making a payment, we will provide you an option to save such card details for faster checkout. If you select the ‘store card’ option (now called ‘faster checkout’ option), you understand and agree that we will save your card details in a manner compliant with our PCI DSS certification.
The next time you make a payment using the Services, you will not be required to enter your saved card details. You can simply click on the saved card, while making a payment request and your payment instructions will be sent to the Payment System Providers for authentication, authorization and processing.
While the faster checkout option is available on all RePay Fintech PVT LTD Sites, the second part ‘auto-read OTP’ option is currently only available on your mobile application.
Auto-Read of One Time Password (“OTP”)
OTP is a one-time password, which is provided by your issuing bank in order to carry out the second factor authentication of your debit/credit card. If you register for our ‘One Tap’ feature, you understand that we will be able to retrieve your OTP from the message received on your mobile and populate and submit the OTP on the issuer’s page for second factor authentication of your debit/credit card.
In order to avail the entire ‘One Tap’ feature, you may go to the settings page of your RePay Fintech PVT LTD Account and activate the same.
You understand that you have agreed to select the ‘One Tap’ feature in whole or in part at your own risk and for your convenience. You agree that we are only acting as your technology intermediary and eliminating the need for you to manually enter your card details or OTP. All information and instructions received from your RePay Fintech PVT LTD Account will be deemed to have been authorized by you and we shall not be liable for any unauthorized use of your RePay Fintech PVT LTD Account or any unauthorized transactions made using the whole or any part of the ‘One Tap feature’.
It is to be clarified that the ‘One Tap’ feature doesn’t avoid the two-factor authentication system, it only provides a technology platform which eliminates the need of manual typing of card details and OTP by you. We emphasize that we are not involved in the authentication, authorization and processing of you payment request and only facilitate you in sending such payment instruction to the Payment System Provider.
In the event that your device (mobile, tablet, laptop, etc.) is stolen/lost or your suspect any unauthorized use of your RePay Fintech PVT LTD Account, please ensure you go to the settings page of your RePay Fintech PVT LTD Account and de-activate the ‘One Tap’ feature immediately. You should also inform us of the same after de-activation at email@example.com In the event that you have de-activated the ‘One Tap’ feature and informed us of the same and thereafter an unauthorized transaction is made, we will take responsibility for the same provided that you provide us with adequate information that the transaction was not made by you or any person that you know. We shall determine that legitimacy of the claim at our sole discretion.
For further instructions on how you can protect yourself from any misuse or unauthorized use of your RePay Fintech PVT LTD Account and the ‘One Tap’ feature, please carefully read the entire Terms and Conditions provided herein with special emphasis on clause 13 below.
13. SECURITY PROCEDURES
Unauthorized access to your financial information: To help prevent unauthorized access to your personal financial information, You agree to:
(a) maintain the security of your account by not sharing your password with others and restricting access to your account on your computer or mobile or other device;
(b) ensure that you logout from your RePay Fintech PVT LTD Account each and every time you use it;
(c) ensure that you have a lock such as a pattern lock, password protection, etc. on your device and not leave your computer or mobile or other device unattended or unlocked; and
(d) take responsibility for all activities that occur under your RePay Fintech PVT LTD Account and accept all risks of unauthorized access. If you believe your password or devices has been lost or stolen, or if you suspect any fraudulent activity, please immediately de-activate the ‘One Tap’ feature as detailed above and report this to us immediately at firstname.lastname@example.org
You are solely responsible for any unauthorized access to your personal or financial information that result from your failure to properly follow the Security Procedure detailed in these Terms and Conditions. RePay Fintech PVT LTD will not be liable for any loss, damage or other liability arising from your failure to comply with the terms and conditions herein or from any unauthorized access to or use of your RePay Fintech PVT LTD Account. We will also have no liability and you agree to assume all risk of loss that arises out of or relates to any loss or theft of your device or any information contained within any device.
Risks: The use of a device such as mobiles, tablets and laptops involves risks as also does the usage of internet. For example, sensitive personal information or financial data that is transmitted from or to a device or internet may be intercepted and used by third parties without your knowledge. Viruses, spyware and other “malicious code” can also be downloaded to your devices without your knowledge. By using a device and internet to access the Sites, you assume all of those risks and agree that we will have no liability whatsoever to you for any loss or theft (including identity theft) occurring as a result of such risks.
PCI DSS AND ISO Certification: We provide Payment Card Industry (PCI) Data Security Standard (DSS) certified Level 1 and ISO 27001 certificated services. We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Encryption: Data transferred via the Sites is encrypted in an effort to provide transmission security. Notwithstanding our efforts to ensure that the Sites are secure, you acknowledge that mobile transmissions and the Internet are inherently insecure and that all data transfers, occur openly and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing our Sites will not be monitored or read by others.
Additional Security Procedures: We may from time to time use reasonable additional or alternative procedures to ensure the security and confidentiality of your payment transactions through our Sites. At all times you agree to comply with all security procedures we may impose in connection with your use of the Sites. You agree that all security procedures we use are commercially reasonable, and to the extent allowed by law, you assume all risk of loss for unauthorized transactions where we have followed our then-current security procedures.
Duty of Reasonable Care: We will exercise good faith and reasonable care in processing your transactions in accordance with these Terms and Conditions. You will similarly exercise good faith and reasonable care in:-
(i) using the Sites,
(ii) observing and maintaining security procedures,>
(iii) communicating with us, and>
(iv) In reviewing your transaction records for any errors or discrepancies.