The terms and conditions contained hereinafter ("TERMS OF USE") shall apply to the use of the website www.Dhanipays.co.in and any other linked pages, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by any Dhanipays group company ("Dhanipays" or "WE" or "OUR" or "US") (collectively, "WEBSITE").
Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website ("SERVICES")) (hereinafter referred to as a "USER", "SELLER", "YOU" or "CLIENT") shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately put up on the Website) and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms of Use). These Terms of Use, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and Dhanipays. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Dhanipays for other services.
THE USER UNDERSTANDS AND UNCONDITIONALLY ACKNOWLEDGES THAT EVEN THOUGH THE USER MAY BE ALLOWED TO EXECUTE TRANSACTIONS ON THE PLATFORM OF Dhanipays, THE FUNDS SHALL NOT BE SETTLED TO THE ACCOUNT OF SUCH USER PENDING COMPLETION OF KYC OBLIGATIONS ON THE PART OF THE USER IN ACCORDANCE WITH THE RBI'S KYC GUIDELINES (DEFINED BELOW). FURTHER, UPON NON-COMPLETION OF KYC OBLIGATIONS ON THE PART OF THE USER, AS MENTIONED ABOVE, TO THE SATISFACTION OF Dhanipays, WE RESERVE THE RIGHT TO NOT RELEASE THE SETTLEMENT AMOUNTS TO THE USER AND MAY EVENTUALLY REVERSE THE FUNDS TO THE ACCOUNT FROM WHERE SUCH PAYMENT ORIGINATED.
Please read the terms set out hereunder carefully before agreeing to the same. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Website. You can accept the Terms of Use by:
. Clicking to accept or agree to the Terms of Use, where this option is made available to you by Dhanipays in the User interface for any particular Service; or
. Accessing, testing or actually using the Services. In this case, you understand and agree that Dhanipays will treat your use of the Services as acceptance of the Terms of Use from that point onwards.
For the purpose of these Terms of Use, wherever the context so requires, the term "User" shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.
It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.
The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the User. The latest Terms of Use will be posted here. Any such changes by Dhanipays will be effective immediately. By continuing to use this Website or to access the Services / usage of our Services after changes are made, you agree to be bound by the revised/ amended Terms of Use and such amendments shall supersede all other terms of use previously accepted by the User. You are solely 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 you in connection with your business and use of our Services.
Subject to these Terms of Use, Merchant Onboarding Policy, KYC Policy, Disputes and Grievance Redressal Policy and Privacy Policy (collectively, "POLICIES"), Dhanipays offers the Services set forth in Schedule I herein.
Schedule I also contains descriptions and process flows of all Services that are offered to Users. These descriptions and process flows are set out in Part A to Part G in Schedule I.
Dhanipays is constantly evolving in order to provide the best possible experience and information to its Users. You acknowledge and agree that the form and nature of the Services which Dhanipays provides may change from time to time without any prior notice to you.
As part of this continuing process, you acknowledge and agree that Dhanipays may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at Dhanipays's sole discretion, without any prior notice. You may stop using the Services at any point of time. You do not need to specifically inform Dhanipays when you stop using the Services.
You acknowledge and agree that if Dhanipays disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account, and Dhanipays shall intimate you regarding the same.
Dhanipays reserves the right to delete your User information stored in your account including but not limited to all or any personal information or any sensitive personal data or information ("SPDI") stored in your User account. Alternately, a User may notify us if they do not wish that we retain or use the personal information or SPDI by contacting the Grievance Officer (as provided below). However, in such a case, we may not be able to provide you some or all of our Services.
You acknowledge and agree that while Dhanipays may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, such fixed upper limits may be set by Dhanipays at any time, solely at Dhanipays's discretion.
By using our Services you agree that Dhanipays disclaims any liability or authenticity of any information that may have become outdated since the last time that particular piece of information was updated. Dhanipays reserves the right to make changes and corrections to any part of the content of this Website at any time without any prior notice to you. Unless stated otherwise, all pictures and information contained on this Website are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock. Please contact the Grievance Officer by an e-mail if you are the copyright owner of any content on this Website and you think the use of the above material violates the terms of the applicable Copyright law in any manner. In your request, please indicate the exact URL of the webpage to enable us to locate the same. We will endeavour to address your concerns and take necessary steps, if required. Please note that all images displayed on the Website have been digitised by Dhanipays. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Dhanipays.
Dhanipays acknowledges and represents that it is and shall remain Payment Card Industry Data Security Standard ("PCI DSS") certified. Further, Dhanipays shall maintain compliance with PCI DSS Standard or other comparable industry standards governing physical/ logical security cardholder data across Dhanipays environment and ensure that the card holder's data is secured in accordance with the standards.
In order to access certain Services, you may be required to open a User account with Dhanipays by providing information about yourself (such as identification or contact details) as part of the registration process ("REGISTRATION DATA") for the Services, or as part of your continued use of the Services. You agree that any Registration Data you give to Dhanipays will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is in violation of applicable law or not in accordance with the Terms of Use (whether wholly or in part), we reserve the right to reject your registration and/ or indefinitely suspend or terminate your User account and refuse to provide you access to the Website. Further, you agree to indemnify and keep us indemnified from and against all claims resulting from the use of any detail/ information/ Registration Data that you post and/ or supply to us. We shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior intimation to you.
Notwithstanding anything else contained in any other agreement involving you and Dhanipays and/ or any other third party, in order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.
Any amendment or rectification of your Registration Data in the User account can be carried out by accessing the "User account" section on the Website. You may choose to delete any or all of your User content/ information or even the User account at any time. Processing such deletion may take some time, but the same shall be done by Dhanipays. We may maintain backup of all User content for such time as may be required under applicable laws and for operational purposes of Dhanipays. You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure on your part to protect your login ID or password or any other credential pertaining to your account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at support@Dhanipays.co.in. In the event of any dispute between two or more parties as to ownership of any particular account with Dhanipays, you agree that Dhanipays shall be the sole arbitrator for such dispute and that Dhanipays's decision in this regard will be final and binding on you.
You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
. Belongs to another person and to which you do not have any right to;
. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
. Harms minors in any way;
. Infringes any patent, trademark, copyright or other proprietary rights of any person or entity anywhere in the world;
. Violates any law for the time being in force;
. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
.Impersonates another person;
. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
.Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
. Is illegal in any other way.
You agree and understand that Dhanipays reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Website, you are requested to immediately contact our Grievance Officer.
You agree to use the Services only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to use the data owned by Dhanipays (as available on the Website or through any other means like API(s) etc.) only for personal purposes and not for any commercial use unless agreed to by Dhanipays in writing.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Dhanipays, unless you have been specifically allowed to do so in a separate agreement with Dhanipays. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this Website.
Unless you have been specifically permitted to do so in a separate agreement with Dhanipays, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Dhanipays has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Dhanipays may suffer) of any such breach. You further agree to the use of your data by us in accordance with the Privacy Policy.
Dhanipays may share any Content (defined hereinafter) generated by the User or their Registration Data with governmental and regulatory agencies who are lawfully authorised for investigative, protective and cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution pertaining to cyber security incidents and punishment of offences under any law for the time being in force.
If you have opted for use of Dhanipays's 'subscriptions' product by virtue of which your customers have set up a standing instruction ("RECURRING PAYMENT INSTRUCTION") to charge his/ her chosen payment method (such as credit card, debit card or bank account) as per the billing cycle communicated by you to Dhanipays, then you consent that the relevant amount will be charged to such payment method as per the billing cycle communicated to Dhanipays. You agree that Dhanipays shall continue to charge the relevant amount to the relevant customer's chosen payment method as per such billing cycle until you or the customer terminates the Recurring Payment Instruction.
You further agree that if the customer revokes his/ her consent to the Recurring Payment Instruction then you shall inform us of the revocation in writing for us to cease processing the Recurring Payment Instruction forthwith upon the revocation but no later than 7 (seven) days prior to the next instance of charge to the customer. If such intimation of revocation of Recurring Payment Instruction is made less than 7 (seven) days prior to the next instance of charge to the customer or is not made at all, Dhanipays shall not be liable for any charge applied to the customer for that month pursuant to the revocation or not be liable at all, as applicable. You agree to make good any losses suffered by us on account of demands or claims from customers arising as a consequence of your failure in notifying us about a customer's revocation of the Recurring Payment Instruction.
ou represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms, you are eighteen years of age or older are an Indian resident and have all requisite licences, registrations, rights, power, and authority in full force to enter into this Terms and Conditions. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.
To access Dhanipays Services, you may be required to complete certain underwriting processes with us. As part of this process, you may need to provide us with Underwriting Documents, such as information or documents that may be necessary to confirm your eligibility for our Services.
By uploading the Underwriting Documents, you authorize Dhanipays and any third-party service provider we engage with to process them and determine your eligibility for the Services. Any processing of your information will be in accordance with our Privacy Policy, and may be subject to additional terms of service if a third-party is involved.
Furthermore, during the Term, we at Dhanipays may request Additional Information or supporting documents that may be required as a part of our internal checks and due-diligence for continued use of the Services. You agree to provide this information promptly upon request and authorize us to process it.
You warrant that the Underwriting Documents and Additional Information you provide are truthful, complete, and up-to-date. If we determine that the information you provide is unreliable, fraudulent, or deficient, we reserve the right to refuse to provide you with the Services, including Payment Aggregation Services on the Dhanipays Platform. If we later discover any deficiencies in the information you provided, we may suspend your Dhanipays Account. In such cases, the Payment Partner reserves the right to settle all pending Transaction Amounts with you, return pending Transaction Amounts to the Customers, or hold the pending Transaction Amounts for further investigation.
For the purposes of these Terms of Use, the term "CONTENT" includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Dhanipays (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Dhanipays or by the owners of that Content, in writing and in a separate agreement.
Dhanipays reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
Dhanipays reserves the right to moderate, publish, re-publish, and use all User generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. Dhanipays is not liable to pay royalty to any User for re-publishing any content across any of its platforms.
If you submit any material on the Website, you agree thereby to grant Dhanipays the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned or affiliated.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Services will be at your own risk.
You agree that you are solely responsible for (and that Dhanipays has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Dhanipays may suffer) by doing so.
You acknowledge and agree that Dhanipays (or Dhanipays's licensors) owns all legal and proprietary right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Dhanipays and that you shall not disclose such information without Dhanipays's prior written consent.
Unless you have agreed otherwise in writing with Dhanipays, nothing in the Terms of Use gives you a right to use any of Dhanipays's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Unless you have been expressly authorized to do so in writing by Dhanipays, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
User agrees and unconditionally undertakes to comply with all applicable commercial and public anti-bribery and anti-corruption laws (including but not limited to the provisions of Foreign Corrupt Practices Act, 1977, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto) which prohibit the User, its/ his/ her officials, representatives, agents or any other person associated with or acting on behalf of such User from giving, offering, promising to offer, receiving/ accepting or acting in any other manner so as to induce a payment, gift, hospitality or anything of value (either directly or indirectly) whether from within the country or from abroad to government officials, publics servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties or office bearers thereof or any other third party or person in order to obtain an improper commercial/business advantage of any kind. Government Officials include any government employee, candidate for public office, an employee of government - owned or government -- controlled companies, public international organizations and political parties. User also agrees not to give, offer, pay, promise or authorize to give or pay, directly or through any other person, anything of value to anybody for the purpose of inducing or rewarding any favorable action or influencing a decision in favor of the User. The User also unconditionally agrees and undertakes that it is compliant with and shall do/ undertake all acts necessary to continue to be compliant with the provisions of 'The Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation', RBI, as amended from time to time.
Nothing in these Terms of Use, including this paragraph 8, shall exclude or limit your warranty or liability for losses unless they are excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. Dhanipays disclaims any implied warranty for Services and any use thereof.
You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis.
In particular, Dhanipays, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
. The information or Contents provided on the Website are accurate, complete and updated;
. Your use of the Services will meet your requirements;
. Your use of the Services will be uninterrupted, timely, secure or free from error;
.Any information obtained by you as a result of your use of the Services will be accurate or reliable; and
.That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Dhanipays or from the use of Services shall create any warranty not expressly stated in these Terms of Use.
Dhanipays further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
The User/ seller hereby represents and warrants:
. That User/ seller, in case of a natural person, is at least 18 years old with a conscious mind fit and proper to enter into this agreement (the "Policies"), is a resident of India with valid credentials and is an entity who is legally eligible to carry out or operate a business in India;
. That the all the information and documents pertaining to his/ her identity and address proof, as submitted for the purpose of know your client (KYC) verification with Dhanipays are true and genuine and are not fabricated or doctored in any way whatsoever;That the User shall hold and keep Dhanipays, its promoters, directors, employees, officials, agents, subsidiaries, affiliates and representatives harmless from any liabilities arising in connection with any incidental or intentional discrepancy that is found to be there in the documents submitted by such User for the purpose of KYC formalities;
. That any incidental or upfront liability arising in connection with User's/ seller's KYC formalities for the purpose of availing the services of Dhanipays shall be the absolute responsibility and repercussion of the User and neither Dhanipays nor any of its affiliates or office bearers shall be responsible in any way for any reason including for ascertaining the veracity of the KYC documents submitted by such User with Dhanipays;
. That User/ seller shall be solely responsible for understanding and complying with any and all applicable laws relevant to the User and their business, and any liability, whether pecuniary or otherwise, arising from any non-compliance of such applicable laws shall be at the sole cost and risk of such User;
. That the User shall ensure that its IT systems and infrastructure are compliant with the mandates of PCI-DSS and Payment Application-Data Security Standard, as applicable to it;
. That the User/ seller shall operate and conduct his/ her business as per declaration provided by such User to Dhanipays at the time of onboarding of such User by Dhanipays and shall promptly report any change/ deviation/ addition/ deletion in the scope of business activities of such User to Dhanipays;
. That all data, information, inventions, intellectual properties (including patents, trademarks, copyrights, design and trade secrets), know-how, new uses and processes, and any other intellectual property right, asset or form, including, but not limited to, analytical methods, procedures and techniques, research, procedure manuals, financial information, computer technical expertise, software for the purpose of availing of services of Dhanipays and any updates or amendments thereto is and shall be the sole intellectual property of Dhanipays and should in no way be construed to grant any rights and/ or title to the User in such intellectual property of Dhanipays;
.That User/ seller shall not store any customer card and such related date in any form or manner whatsoever on their websites/ servers;
.That it shall be the exclusive responsibility of the User to ensure that the correct line of business of the User is declared under merchant category code (MCC) pertaining to the User and that Dhanipays reserves the right to withhold settlements and/ or suspend transactions of the User in case of any mismatch or violation in its MCC declaration; and
.That the User/ seller shall accord adequate and timely co-operation in allowing Dhanipays or
it's appointed agencies or regulators to conduct audits, including for compliance with the Policies and provisions of applicable laws.