By using the Website or Services in any manner, you are bound by these Terms of Service, as well as the Incorporated Terms identified below (collectively, the “Terms”). If you do not agree to the Terms, then do not use the BaraniPay Website or Services. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that
(a) you are authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity are barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
1. Minimum Age. The Services and Website are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the Services and Website are not intended to be used by individuals under the age of 18. If you do not qualify, please do not use the Services or access the Website.
2. Registration. In order to use the Services, you must establish a Services account (“Account”) by registering with BaraniPay. You may be required to submit a valid means of payment for which you are authorized to purchase Services. You will provide true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current. As part of the registration process, you will provide BaraniPay with a user name and password for your Account (together “Account Credentials”). BaraniPay reserves the right to refuse registration of, or cancel, accounts that violate these Terms or BaraniPay’s Acceptable Use Policy.
This is an agreement for Services, and you are not granted a license to any software by these Terms. Except as permitted and non-excludable under applicable law, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
1. No Warranty. BaraniPay makes no representations or warranties with respect to any forums, blogs, private messages, emails, or other electronic discussion mediums made available through or in connection with the Services (collectively, "Discussion Areas") or with
respect to any information or materials contained in the Discussion Areas. Your use of, or reliance upon, any such information or materials is at your sole risk.
2. You’re Postings. All information, content, or materials you post to a Discussion Area must comply with the Acceptable Use Policy. BaraniPay will have no obligation to monitor the Discussion Areas, but may do so at its discretion and may delete, move, or edit any information or materials in the Discussion Areas.
Each User Shall Be Responsible To (I) Furnish Correct And Accurate Information Of The Payer/ Payee As May Be Required, On An Independent Basis;
(ii) Furnish To BaraniPay 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.
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 BaraniPay To Be Subject To Investigation, Prosecution Or Legal Action.
User Undertakes And Assures To BaraniPay That Payments Shall Not Be Made/ Received In Respect Of Any Products Mentioned In The Banned Items List Set Out In Annexure A Hereto.
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.
User Shall Take All Precautions As May Be Feasible Or As May Be Directed By BaraniPay To Ensure That There Is No Breach Of Security And That The Integrity Of The Link Between Their Systems/ Site, The Website 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 BaraniPay And The Service Providers From Any Loss As May Be Caused In This Regard.
User Shall Bear And Be Responsible For The Payment Of All Relevant Taxes, Surcharge, Levies (Including Any Applicable Withholding Taxes) As May Be Due.
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 Bank Account To The Account(S) Maintained By BaraniPay In Accordance With The RBI.
In Consideration Of The Services Rendered By BaraniPay To The User, The User Shall Pay To BaraniPay A Fee That Is Agreed Upon In The Fee Schedule Defined In The Merchant Agreement Or Proposed By BaraniPay Over Email To The Registered Email Address.
BaraniPay Shall Deduct Its Transaction 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. BaraniPay Reserves The Right To Alter / Modify / Change The Discount / Commission Rate At Its Discretion. BaraniPay Also Reserves The Right To Forthwith Revise The Transaction Fee Payable In The Event Of Any Revision In The Rates Charges By The Acquiring Banks Or Card Associations Or Guidelines Issued By The RBI From Time To Time.
Subject To The Provisions Stated Herein And As Specified By BaraniPay From Time To Time, The User Will Not Hold BaraniPay Liable In Case Of Any Improper/ Fraudulent/Unauthorized/ Duplicate/Erroneous Use Of His Mobile And/Or The Web Based Access. BaraniPay Will Also Not Be Liable For Any Consequences Connected With The Use/ Misuse Of User’s 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 BaraniPay 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.
The User Shall Be Fully Liable For:
(A) Any Unauthorised Use Of His Mobile/ Email Account; And/Or
(B) All Authorised Transactions On His Mobile/Email Account.
Without Prejudice To The Remedies Available To BaraniPay And These Terms, BaraniPay 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 them;
• any inability of a third party to supply or deliver the required Products in the necessary numbers or types;
• the refusal of any person (including a Service Provider) to honor 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 mis-statement, error or omission in any details disclosed to BaraniPay.
• any actions taken by BaraniPay or the Service Provider in reasonable good faith to avoid violation of a law, rule or regulation of any governmental authority or to prevent fraud;
• any circumstances beyond BaraniPay’s control.
A Chargeback Shall Mean A Transaction That Is Uncollectible And Returned To Service Provider/ BaraniPay 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 Purchased Or The Delivery Thereof, Was Not As Promised Or Was Defective, Deficient, 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) As A Result Of The Rapid Nature Of Movements Of Funds, Once A Payment Has Been Initiated Through The Services, It May Not Be Possible To Retract The Same Using The Services. If User Wishes To Attempt To Chargeback/ Retract A Payment, He Must Notify His Bank And BaraniPay Immediately And Provide All Required Information.
If Either BaraniPay Or Service Provider Suspects, On Reasonable Grounds, That A User Has Committed A Breach Of These Terms Or Any Other Agreement With BaraniPay Or Any Act Of Dishonesty Or Fraud Against BaraniPay/ Any Service Provider, BaraniPay Shall Be Entitled To
(A) Suspend All Payment Under These Terms;
(B) Deactivate/ Suspend Your User Account And Disable Your Password; And
(C) Terminate User’s Access To The Website Or The Services With Or Without Giving Any Notice Of Such Termination To The User; Pending Enquiries By BaraniPay. User May Cancel His User Account At Any Time By Sending An Email to BaraniPay. Please Note That Once Your Account Is Cancelled, BaraniPay Does Not Have Any Obligation To Return Any Data Or Information That May Reside On Its Servers Or Other Equipment.