TERMS OF USE – WEBSITE

 

The Platform referred to as Platform is the proprietary property of Paywize Technologies Private Limited (hereinafter referred to as “Paywize”).

 

This Platform provides you with the opportunity to utilize the various services offered by Paywize inter alia AEPS, Aadhar-Pay, POS/MATM, EPAN, FasTag, BBPS, Dynamic QR, VAM, Payout, Penny Drop,  Insurance tie-ups and CMS Collection (collectively “Services”). Paywize operates through a Business Correspondent Model.

 

Terms and Conditions of “Paywize” Services provided by Paywize Technologies Private Limited having its registered office at No 445, M.R Complex, 2^nd floor, 7^th Cross, 6^th Main Road, BTM 2^nd stage, Bangalore-560076.

These ‘Terms and Conditions’ (defined below) and any annexures or accompanying supple-ment(s) shall also include the terms and conditions stated on Paywize’s Platform https://Paywize.in/ governing usage of the Services offered by Paywize.

You hereby agree to abide by these Terms and Conditions and You shall be deemed to have unconditionally agreed to and accepted these terms by performing a transaction with Paywize Paywize disclaims all liability on account of any breach by You of the laws/ relevant notifications/ guidelines / circulars in force at the relevant time and as may be modified from time to time, governing the services offered by Paywize.

You understand and agree that Paywize reserves its right to update the Terms and Conditions from time to time. If these Terms and Conditions are not acceptable, you must not use the Platform.

The terms and conditions are an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules made there-under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. The same does not require any physical, electronic or digital signature.

The terms and conditions will be effective upon your acceptance of the same (in electronic form or by means of an electronic record or other means) and will govern the relationship between you and Paywize for the use of the services offered by Paywize and you unconditionally agree to abide by the same. If any of these terms and conditions conflict with any other document/electronic record in this behalf, these terms and conditions shall prevail, until further changes/ modifications are notified by Paywize.

You hereby undertake to and agree with Paywize and accept these terms of use as amended from time to time together with any other condition which may be implied by applicable law (collectively, “Terms”) which shall govern the subject-matter covered herein.

1. Definitions:-

 

1. “Agreement” means this agreement including schedules attached hereto the Agreement, and the expression ‘hereof’, ‘herein’ ‘hereto’, ‘hereunder’, ‘hereby’ and similar expression refer to this Agreement and to any particular section or other portion of the Agreement.

 

1. “Applicable Law” shall mean any statute, regulation, circular, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline or any form of decision of, or determination by, or any interpretation, policy or administration, having the force of law, by any national, state or local agency, ministry, public official, court or other governmental organization, having jurisdiction over the matter in question or each of the Parties for the performance of any obligations of the Parties’ under the this Agreement, whether in effect as of the date of the Agreement or thereafter, including all foreign exchange laws, laws governing environment, health and safety and laws affecting the work force.

 

• “Affiliate” means anybody corporate, corporation, partnership, joint venture or other business entity that directly or indirectly, controls, is controlled by or is under common control or management with the applicable party to this agreement.

 

1. “Authorized Person(s)” shall mean the persons duly, properly and fully authorized by the User, severally, including pursuant to all necessary and due corporate actions and corporate authorities and including in accordance with the applicable law and constitutional documents of the User, for and on behalf of the User, to possess the Access Credentials, and to access and use the Platform including to communicate with Paywize (to and from), thereby binding the User fully legally and contractually,  irrevocably and unconditionally vis-à-vis Paywize and the other persons involved.

 

1. “Amendment” shall mean an amendment to this Agreement and annexures/documents executed/ shared between the parties in relation to this Agreement and forming part of it.

 

1. “Bill Payment” shall mean the transactions wherein the Customer through Merchant uses Paywize’s Services to make payments towards utility bills, merchant payments and other such bill payments as may be permitted under law and guidelines by utilizing Paywize’s platform.

 

• “Charges” shall mean all charges pertaining to the Transactions.

 

• “Confidential Information” shall mean all information, know-hows, ideas, designs, documents, concepts, technology, internal processes, guidelines, marketing, commercial knowledge, and other materials of a confidential nature including but not limited to, information of a commercial, technical or financial nature which contains amongst other matters, trade secrets, know-how, proprietary or confidential information, IP Rights, regardless of form, format, media including without limitation written or oral, market studies, marketing information, brochures, printed matter, rates and rate tables, computer software and programs, database technologies, financial statements, business plans, financial projections and budgets, business operations or systems, financial and trading positions, current or prospective financing sources, information relating to the officers, directors or employees of the Disclosing Party and its affiliates details of customers, suppliers, debtors or creditors and any other information made available through a preliminary/confidential information memorandum, documents and materials prepared in connection with the Purpose that is being entered into, however such information is documented and also includes those communicated or obtained through meetings, documents, correspondence or inspection of tangible items, facilities or inspection at any site or place and all other non-public information, provided by a Party (“Disclosing Party”) including receipt or acquisition to the other Party (“Receiving Party”), or any other information which may come to the knowledge of the Receiving Party  whether marked as Confidential Information or not.

 

1. “Effective Date” shall for all purposes mean the date on which the Terms & Conditions are accepted by the Merchant or User and the Merchant or User starts availing the Services offered by Paywize.

 

1. “Force Majeure Event” shall mean acts of God, wars, insurrections, riots, pandemic, earth-quake and fire and includes an event that is beyond the control of Parties, and which could not be foreseen with a reasonable diligence, and which substantially affects the performance of the contract but does not include any event that is attributable to the fault or negligence or carelessness of the Party.

 

1. “IP Rights” shall mean patents, patentable materials, inventions, algorithms, designs copyrights, trademarks, domain names, trade secrets, know-how, including, but not limited to, source code, data, presentation, research, documents, product plans, products, pricing, services, customers/ business information, methods, processes, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business related information and any other intellectual property, whether registered or not and whether arising by operation of law, contract, license or otherwise.

 

• “KYC” shall mean the various norms, rules, laws and statutes issued by RBI from time to time and shall include the Know Your Customer guidelines issued by the RBI, under which Paywize is required to procure personal identification details and proof of documents from the Merchant and User/Customer as may be required at the time of availing and/or continuation of the Paywize Services.

 

• “Merchant Enrolment Form” shall mean the form to be completed in writing by the Applicant Merchant and to be submitted along with full KYC documents either physically or electronically as may be intimated by Paywize.

 

• “Merchant” shall mean the retail Merchants appointed by Paywize, who shall be acting as merchants of the Paywize and shall support opening and usage of Paywize services & educate customers to use the services offered by Paywize and shall, unless repugnant to the context or meaning thereof, include: (i) in the event that the Merchant is an individual, his/her legal heirs, administrators and executors (ii) in the event that it is a company within the meaning of the Companies Act, 2013 or a Limited Liability Partnership, incorporated under the Limited Liability Partnership Act, 2008, its successors; (iii) in the event that it is a partnership firm for the purposes of the Indian Partnership Act, 1932, the partners for the time being and from time to time and their respective legal heirs, executors and administrators, legal representatives and successors; (iv) in the event that it is a sole proprietorship, the sole proprietor and his/ her legal heirs, administrators, executors and legal representatives; (v) in the event that it is a Hindu Undivided Family (HUF), the Karta and any or each of the members of the HUF and their survivor(s) and his/her/their respective heirs, executors and administrators; (vi) in the event that it is a Trust, the Trustee or Trustees for the time being thereof and their respective legal heirs, executors, administrators and successors; (vii) in the event that it is a Society, the members of the Society, the members of the governing body of the Society, and any new members elected, appointed or co-opted thereon. The Individual person shall be above the age of 18 (eighteen) years, using an operational mobile phone connection of Telecom Operator in India (with country code +91).

 

1. “Merchant Establishment” shall mean and include any outlet/ service provider who have been authorized by Paywize to accept payment for services.

 

• “Platform” shall mean the Website www.Paywize.in which is owned, operated and maintained by Paywize, Paywize App (on Google Playstore and Apple Store) and any other Paywize instruments owned and operated by Paywize. The Merchant and Customer would be allowed to perform transactions from the Paywize App or Website www.Paywize.in or any other Paywize instrument.

 

• “Transaction/s” shall mean any credit or debit of money balances including but not limited to money transferred for payments and receipts, payments for goods and services and utility payments.

 

• “User/Customer” shall, unless repugnant to the context or meaning thereof, include: (i) in the event that the User is an individual, his/her legal heirs, administrators and executors (ii) in the event that it is a company within the meaning of the Companies Act, 2013 or a Limited Liability Partnership, incorporated under the Limited Liability Partnership Act, 2008, its successors; (iii) in the event that it is a partnership firm for the purposes of the Indian Partnership Act, 1932, the partners for the time being and from time to time and their respective legal heirs, executors and administrators, legal representatives and successors; (iv) in the event that it is a sole proprietorship, the sole proprietor and his/ her legal heirs, administrators, executors and legal representatives; (v) in the event that it is a Hindu Undivided Family (HUF), the Karta and any or each of the members of the HUF and their survivor(s) and his/her/their respective heirs, executors and administrators; (vi) in the event that it is a Trust, the Trustee or Trustees for the time being thereof and their respective legal heirs, executors, administrators and successors; (vii) in the event that it is a Society, the members of the Society, the members of the governing body of the Society, and any new members elected, appointed or co-opted thereon. The Individual person shall be above the age of 18 (eighteen) years, using an operational mobile phone connection of Telecom Operator in India (with country code +91), who approaches Merchant ‘s locations and/or such other locations as may be intimated by Paywize from time to time, to avail the services offered by Paywize.

 

 

3. Effective Date, Term and Termination

 

1. This Agreement shall be effective from the date of acceptance of the Terms and Conditions and usage of services offered by Paywize until the merchant deactivates their account with Paywize or the account is terminated in accordance with the provisions of this Agreement, whichever is earlier.

 

1. Paywize shall be entitled to terminate this Agreement with the Merchant at any time by delivering a written notice, of not less than a period of 7 working days, except in the event of material breach of any of the terms of this Agreement by the Merchant, Paywize shall be entitled to stop the Services immediately and terminate this Agreement without giving any prior written notice to User. Upon termination, the Merchant shall not be entitled to use any of the Services offered by Paywize.

 

4. General Terms and Conditions: –

 

1. Paywize categorically defines its services as technological transaction facilitation platforms, explicitly disclaiming any representation as a financial advisory, banking, or comprehensive financial service provider. Users are strongly advised to independently verify and validate all financial decisions, acknowledging that the platform merely provides technological infrastructure for transaction execution.

 

1. Paywize shall operate and be responsible to the Customers & Merchants for all its acts of omissions and commissions as regards the services offered by Paywize in accordance with these Terms and Conditions.

 

• The Services offered by Paywize can only be availed by a person who has attained the age of 18 Years (eighteen).

 

1. To avail the Services offered by Paywize from any Merchant location, the Customers are required to only approach the authorized retail Merchants appointed by Paywize. Updated list of all the Merchants along with their phone numbers and addresses can be found on the Platform.

 

1. For Transactions conducted at Merchant Establishments and/ or Merchant locations, the Customer should ensure receipt of confirmation for all transactions.

 

1. The Customer acknowledges that any information provided to Paywize and/or the Merchant with the intention of securing the services offered by Paywize shall vest with Paywize and/or Merchant (as the case may be), and may be used by Paywize and/or Merchant, at its discretion, for any purpose consistent with any applicable law or regulation and privacy policy and/or statement displayed on its Platform.

 

• Any information submitted by the Customer while using Paywize Services may be shared with third parties by Paywize and Merchant, inter alia, to facilitate the provision of Paywize Services and any other additional services.

 

• The Customer shall not use Paywize Services for any purpose that might be construed as contrary or repugnant to any applicable law including but not limited to laws governing money laundering, public policy or for any purpose that is contrary to Paywize or Merchant policy or might prejudice the goodwill of Paywize and Merchant.

 

1. The Merchant shall be required to provide an Undertaking and agree not to indulge in any nefarious activities which shall include and be not limited to facilitating illegal transactions, indulging in laundering of money, using Paywize services to make payments for services or purchase goods and contraband illegal and in violation of Indian laws.

 

1. Paywize shall not be responsible or liable for any illegal activities which are done by the Merchant or Customer in violation of the intended use of the Services offered by Paywize.

 

1. Paywize shall not be responsible for any delay in chargebacks which may not be due to the fault of Paywize but due to a delay in the server or network of the entity issuing such chargeback.

 

• Paywize shall not be responsible as the principal for all acts of omission or commission of the authorized / designated Merchants, including safety and security aspects.

 

• Paywize shall ensure preservation of records and confidentiality of customer information in their possession as well as in the possession of their authorized /designated Merchants.

 

5. Terms and Conditions (Merchant): –

 

1. Merchant can only assist the Customer using his / her Merchant Account on the Paywize portal.

 

1. Paywize reserves the right to do the due diligence / get police verification / get scrutiny of KYC documents submitted at the time of submitting Merchant Enrolment Form through their own means or any 3^rd party agency.

 

• Paywize has the right to conduct Audit of accounts and operations of the Merchant or Merchant Location for all purposes.

 

1. Person applying for Merchant Enrolment has to fully co-operate with agency / Paywize staff for undergoing the process of due diligence / get police verification / get scrutiny of KYC documents

 

1. Merchant Account will be opened after completion of due diligence / police verification / scrutiny of KYC documents process

 

1. Merchant can operate their Merchant Account only through their own computer and tagged Merchant Geo-location. All the commissions to Merchant will be credited to his / her Merchant Account.

 

• Merchant can register maximum up to 2 bank accounts with Paywize.

 

• Person willing to become a Merchant has to sign the detailed and “Terms and Conditions Agreement” with Paywize.

 

1. Merchant cannot object for displaying Paywize Logo/Advertisement material at the Merchant Location.

 

 

 

6. Reservations

 

1. The collection, verification, audit and maintenance of correct and updated Customer information, Accounts and details of transactions is a continuous process and Paywize reserves its right to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.

 

1. Paywize reserves the right to discontinue the Services offered to the Customer and/or reject the KYC documents at any time at their sole discretion, if there are discrepancies in the information provided by the Customer or Merchant and the particulars provided by the Customer or Merchant in the KYC documents do not match the details mentioned in the Merchant Enrolment Form. In such cases, Paywize reserves the right to take appropriate action as they may deem fit and proper without incurring any liability in any manner whatsoever.

 

• Paywize reserves the right to suspend and/or discontinue its Services at any time, without giving prior intimation to the Customer and Merchant, for any one of the following reasons, including but not limited to:

 

• For any suspected violation of any law, rules, regulations, orders, directions, notifications or for any violation of these Terms and Conditions.
• For any discrepancy or suspected discrepancy in the particular(s) or documentation provided by the Merchant.
• To combat potential fraud, sabotage, willful destruction, money laundering, threat to national security or for any other force majeure reasons etc.
• In order to comply with any applicable laws and regulations.
• For any technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any other technical reasons.
• For any transmission deficiencies caused by topographical and geographical constraints/limitations.
• On account of ineligibility of the Customer under any criteria as mandated by Paywize.
• In the event of occurrence of transactions that may be construed as dubious or undesirable or illegal, Paywize reserves the right to freeze operations in such Customers and/or Merchants and report the same to authorities as may be required as per applicable regulations and as may be deemed fit and proper.
• In case of network failure or for any other reason beyond the control of Paywize, there could be delay or failure to complete the Transaction. Paywize reserves the right to cancel the Transaction in case of any network failure. Paywize shall not be responsible for any kind of losses that may occur to the Customer due to such delay of failure to complete Transactions.

 

1. Paywize reserves the right to reject the Application along with the KYC and any documents of the Customer or Merchant without providing any reason. Paywize reserves the right to retain such Merchant Enrolment Form and documents and photographs submitted along with it.

 

7. Conduct on the Platform

 

1. If Paywize requests registration information from Customer or Merchant, then in such case the Customer or Merchant will promptly provide Paywize with true, accurate, current, and complete information.

 

1. Customer / Merchant will promptly update their registration to keep it accurate, current, and complete.

 

• If Paywize issues Merchant a password, Merchant must not reveal it to anyone else for safety of their account.

 

1. Customer / Merchant are responsible for maintaining the confidentiality of their accounts and passwords.

 

1. Merchant agrees to immediately notify Paywize of any unauthorized use of their pass-words or accounts or any other breach of security.

 

1. Merchant also agrees to exit from his account at the end of each session.

 

• Paywize will not be responsible for any loss or damage that may result if Customer / Merchant fail to comply with above requirements.

 

• The technology and the software underlying its Platform and the Services is the property of Paywize & its affiliates, and its partners or licensors or associates.

 

1. Merchant agrees not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or soft-ware underlying its Platform or the Services

 

1. Merchant agrees not to modify the software underlying its Platform in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to its Platform/app.

 

1. Paywize shall not be liable or responsible to either the Merchant or Customer for any unauthorized transaction made contrary to the terms & conditions.

 

• Without limiting the foregoing, the Merchant agrees that the Merchant will not use the services offered through its Platform to do anything illegal and contrary to the existing laws in force.

 

• The Merchant agrees not to collect and store personal information about other end users for the purposes of contacting them in any mode or manner with any intention contrary to the purposes for which such information was provided by the Customer to Paywize.

 

• The Merchant agrees not to interfere with or disrupt its Platform, servers, or networks.

 

1. The Customer and Merchant agree not to impersonate any person or entity, including, but not limited to, a representative of Paywize or falsely state or otherwise misrepresent your affiliation with a person or entity

 

• The Merchant agrees not to forge or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its Platform or to manipulate presence on its Platform.

 

• The Merchant agrees not to take any action that imposes an unreasonably or disproportionately large load on its infra-structure/ network.

 

• The Merchant and Customer agrees not to engage in any illegal activities.

 

• The Merchant and Customer agrees that allowing unauthorized access to its Platform is a breach of these Terms and a violation of the law.

 

1. Customer / Merchant agree not to access its Platform by any means other than through the interface that is provided by Paywize for use in accessing its Platform.

 

• Customer / Merchant agree not to use any automated means, including, without limitation, Merchants, robots, scripts, or spiders, to access, monitor, or copy any part of its Platform/app, except those automated means that Paywize have approved in advance and in writing.

 

• Use of Paywize’s Platform is subject to existing laws and the Terms. Any violation by Customer / Merchant of any terms of this Terms and Condition or the laws of land may result in severe civil and criminal prosecution under respective laws, penalties, forfeiture of the account, suspension of the account, blacklisting on all Paywize Platform, and intimation/disclosure to the third parties to whom Paywize deems necessary, including but not limited to law enforcement authorities.

 

• All rights reserved. Any rights not expressly granted herein are reserved. Violators may be prosecuted to the maximum extent possible.

 

• Nothing contained in these Terms shall limit its right to comply with governmental, court, and law-enforcement requests or requirements relating to their use of its Platform.

 

• In accessing Paywize.in web page, Customer agrees that Customer may only access the content for their own personal non-commercial use.

 

8. Third-Party Service Integration Disclaimer

 

1. While Paywize may integrate or facilitate connections with third-party financial services, payment gateways, or external platforms, the company explicitly disclaims comprehensive responsibility for these external services’ performance, reliability, or compliance. Users understand and accept that such integrations are provided as convenience features, and any disputes, discrepancies, or complications arising from third-party interactions shall be exclusively addressed with the respective service providers.

 

9. Transactional Risk and User Responsibility

 

1. i) Every transaction conducted through Paywize’s platform represents a voluntary assumption of risk by the user. Users are exclusively responsible for verifying transaction details, including but not limited to recipient information, transaction amounts, and service specifics. Paywize shall not be liable for any errors, omissions, or misrepresentations occurring due to user input mistakes, third-party information inaccuracies, or systemic limitations. The platform provides transaction facilitation services, and users explicitly acknowledge that the ultimate responsibility for transaction accuracy and appropriateness rests solely with them.

 

10. Refund Policy

 

1. All sales/ Money Transfer / Bill Payments / Recharges are final with no refund or exchange permitted.

 

1. Customer / Merchant are responsible for the mobile number, DTH account number, utility identification number, bank account number and details for Purchases / Money Transfer / Bill Payments / Recharges and all charges that result from those Purchases / Money Transfer / Bill Payments / Recharges.

 

• Paywize is not responsible for any Purchase / Money Transfer / Bill Payment / Recharges for an incorrect mobile number, DTH account number, utility identification number, and bank account number.

 

1. If in a transaction performed by Customer on the Platform, money has been charged to their card or bank account and a Purchase / Money Transfer / Bill Payments / Recharges is not successful within 72 hours of their completion of the transaction, then Customer may inform us by sending an email to our customer services email address mentioned on the Contact Us page.

 

1. Please include in the email the following details – the mobile number / DTH account number / Utility identification number / bank account, operator name, Transaction value, Transaction date and Order Number.

 

1. In such a case, Paywize shall investigate the incident and if it is found that money was indeed charged to Customer’s card or bank account without delivery of the Service then Customer will be refunded the money within 7 working days from the date of receipt of their email.

 

11. Termination and Violation of the Terms & Conditions

 

1. Merchant and Customer agree that Paywize, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate their account (or any part thereof) or their use of the Services and remove and discard all or any part of their account, customer profile, or their recipient profile, at any time.

 

1. Paywize may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice.

 

• Merchant and Customer agree that any termination of their access to the Services or any account the Merchant may have or portion thereof may be effected without prior notice. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Paywize may have at law or in equity.

 

1. Upon termination for any reason, the Merchant and Customer agree to immediately stop using the Services.

 

12. Limitation of Liability and Damages

 

1. In no event will Paywize, its Merchants, be liable to Customer for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to this agreement and the services, the site or any reference site, or their use or inability to use the services, the site (including any and all materials) or any reference sites, even if Paywize or a Paywize authorized representative has been advised of the possibility of such damages.
2. In no event will Paywize or any of its contractors, directors, employees, Merchants, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to this Agreement, the Services, their use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or any other interactions with Paywize, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by Customer, if any, for using the portion of the Services or the Site giving rise to the cause of action.

 

• The Merchant and Customer acknowledge and agree that Paywize has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between Customer and Paywize, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between Customer and Paywize.

 

1. Paywize’s maximum liability will be limited for any claim arising out of this Agreement or Services shall be Rs. 10,000/- (Rupees Ten Thousand). This paragraph shall survive termination of this Agreement.

 

1. Expanded liability limitation

 

1. a) Maximum Liability Calculation:

– Paywize’s total liability shall not exceed the lesser of:

  * Rs. 10,000 per individual transaction

  * Cumulative transaction value in the preceding 12 months

  * Actual demonstrable direct damages

 

1. b) Exclusions from Liability:

Paywize shall not be liable for:

– Indirect, consequential, or speculative damages

– Lost business opportunities

– Reputational damages

– Third-party claims arising from User or Merchant actions

 

1. c) Force Majeure Expansion:

– Force Majeure events now explicitly include:

  * Sophisticated cyber attacks

  * Geopolitical disruptions

  * Systematic technological failures

  * Pandemic-related infrastructure challenges

 

13. Indemnification

 

1. The Customer agrees to indemnify, save, and hold Paywize / Merchant, its affiliates, contractors, employees, officers, directors, Merchants and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to their use or misuse of the Services or of the Site, any violation by Customer of this Agreement, or any breach of the representations, warranties, and covenants made by Customer herein. This paragraph shall survive termination of this Agreement.

 

14. Disclaimer & No Warranties

 

1. To the fullest extent permissible pursuant to applicable law, Paywize and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

 

1. No advice or information, whether oral or written, obtained by Customer from Paywize or its Merchants or through the services or the site will create any warranty not expressly stated herein.

 

• The Merchant and Customer expressly agree that use of the services and the site is at your sole risk.

 

1. Paywize does not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected.

 

1. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied.

 

1. Paywize does not authorize anyone to make any warranty on its behalf and Customer should not rely on any such statement. This paragraph shall survive termination of this agreement.

 

• In no event will Paywize be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.

 

15. Technology and Service Performance Disclaimer

 

1. Paywize explicitly declares that its digital platform and services are provided on an “best efforts” basis, with no absolute guarantee of continuous, uninterrupted, or error-free performance. The company maintains the right to temporarily suspend, modify, or discontinue any service without prior notice, particularly in circumstances involving system maintenance, security upgrades, or unexpected technological constraints. Users acknowledge and accept that technological services inherently involve potential intermittent disruptions, and Paywize shall not be held responsible for any inconvenience, financial loss, or operational disruption arising from such service modifications or temporary unavailability.

 

 

16. Cyber-security and technological usage

 

1. a) Users and Merchants explicitly agree not to:

– Attempt unauthorized access to Paywize’s technological infrastructure

– Engage in any form of cyber attack, including but not limited to:

  * Distributed Denial of Service (DDoS) attacks

  * Penetration testing without explicit written authorization

  * Malware introduction

  * Social engineering attempts

 

1. b) Paywize reserves the right to:

– Immediately terminate access for any suspected malicious technological activity

– Pursue civil and criminal remedies for technological breaches

– Cooperate with law enforcement agencies in investigating potential cyber crimes

 

1. c) Users and Merchants acknowledge that unauthorized technological interference constitutes a material breach of this agreement, rendering all protections and service agreements null and void.

 

17. Arbitration

 

1. In case of any disputes, controversy or claims arising out of or relating to these terms and conditions or Service provided in connection with these terms and conditions, whether during its subsistence or thereafter such dispute shall be resolved through Arbitration in accordance with the provisions of the Arbitration & Conciliation, 1996 (as amended).

 

1. The seat and venue of Arbitration shall be Bengaluru, Karnataka and the dispute shall be resolved by a Sole Arbitrator appointed by Paywize. The award of the Arbitrator shall be final and binding on the Parties. The Arbitration and Conciliation Act, 1996, or any statutory modification thereof, shall apply to the arbitration proceedings, which shall be conducted in the English language.

 

• All administrative fees and expenses of arbitration will be divided equally between the parties.

 

18. Governing Law & Jurisdiction

 

1. This Agreement shall be governed by and construed in accordance with the laws of India and both parties hereby submit to the exclusive jurisdiction of the courts of Bengaluru.

 

19. Modifications of Terms and Conditions

 

1. Paywize has the right, and sole and absolute discretion, to change, modify, or amend any portion of the Terms and Conditions at any time. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services.

 

20. Severability
21. If any provision of herein-above is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

 

21. Monitoring / Audit:

 

1. Paywize reserves the right but shall be under no obligation to monitor the use of the Paywize’s Services by the Merchant and Customer for any reason or no reason, including to ensure your compliance with the terms and conditions of this Agreement and the applicable law.
2. Intellectual Property and Platform Usage Restrictions

 

1. i) The entire technological infrastructure, including but not limited to software, algorithms, user interfaces, and back-end systems, represents proprietary intellectual property exclusively owned by Paywize. Users are granted a limited, non-transferable, revocable license to access and utilize these services, with explicit prohibitions against reverse engineering, unauthorized reproduction, or derivative technological developments. Any attempt to circumvent, manipulate, or exploit the platform’s technological mechanisms shall be considered a material breach of agreement, potentially resulting in immediate service termination and potential legal proceedings.

 

23. Regulatory Compliance and Adaptability :

 

1. The Merchant and Customer shall not access and shall ensure that no one under its authority shall access and/ or use Paywize Services for any purpose that may be deemed to be a violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights and rights of privacy, or any other obligations that you may be subject to under contract or at law.
2. These Terms and Conditions shall automatically adapt to comply with:

 * Emerging financial technology regulations

  * Reserve Bank of India (RBI) guidelines

  * National Payments Corporation of India (NPCI) directives

  * Goods and Services Tax (GST) requirements

• Users and Merchants acknowledge that failure to comply with regulatory requirements may result in:

  * Immediate service suspension

  * Account termination

  * Potential legal proceedings

  * Reporting to appropriate governmental authorities

24. Notices:
25. All notices to be given to Paywize shall be at the following address:

Name	Paywize TECHNOLOGIES PRIVATE LIMITED
Address	No 445, M.R Complex, 2nd floor, 7th Cross, 6th Main Road, BTM 2nd stage, Bangalore-560076, Karnataka
Email	[email protected]

                       

25. Survival

The provisions of this Agreement, which by their nature are intended to survive the termination or of this Agreement, including without limitation, the provisions of Representations and Warranties, Noncompete, non-solicitation and non-disclosure covenants, Intellectual Property, Confidentiality, Indemnity and Miscellaneous shall survive the termination of this Agreement.