General Terms and Conditions using PAYONE INDIA’s Website/ Mobile App


Overview


Welcome to PAYONE INDIA. Your use of PAYONE INDIA on our Website “www.payoneindia.com” or Mobile App/ Application “GoPOS” is governed by the following Terms and Conditions (Terms) which are incorporated herein by way of reference. The Terms are effective upon acceptance of usage of our platform, and governs the relationship between the users of this platform (“You”, “Your”, “Yours” or the “User” as the context may necessitate) and PAYONE INDIA . (“PAYONE INDIA”, “Us”, “Our” or “We” as the context may necessitate. Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using PAYONE INDIA Website located at “www.payoneindia.com”, and all associated sites/ subdomains linked to www.payoneindia.com

By accepting the Terms, You understand and agree that “PAYONE INDIA” will treat Your use of the Services such as your use of our Prepaid Mobile/DTH Recharge purchasing services or Services regarding “Utility Bill Payment” or “Money Transfer” or such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services) on the Site (www.payoneindia.com), Our Mobile Platform/Network and Our Mobile Application/ App (Related Applications).

We, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP rights”), in and to the site, the platform, the usage data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the platform or any of the IP rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the platform or use the platform or Site to create a competing product.

Personal Exclusive Information


To use PAYONE INDIA’s Website / Mobile App/ Services, the user is requested to provide some data which may include but not limited to details pertaining to your name, parentage, marital status, nationality, state of residence, city of residence, email address, date of birth, gender, contact number/mobile number, user ids, passwords, recent photograph, signature image, e-KYC, other Know Your Customer (KYC) documents like address proof, identity proof, income proof, PAN or such other officially valid documents/details (OVDs) accepted for concluding a financial transaction). The user hereby acknowledges that PAYONE INDIA reserves all the rights to collect, preserve, and retain all personal data of customers as mentioned here for the purpose of creation of user’s account on PAYONE INDIA’s Website/ App, as well as, for the purpose of verification process of its customers/ offering PAYONE INDIA Services. By visiting and/or using our Website/ Mobile App, you agree to this Policy. Further, this policy applies to all current and former visitors to the Website/ Mobile App and to our online customers. It is strongly recommended for you to return to this page periodically to review the most current version of the Policy. PAYONE INDIA reserves the right to review this policy without any prior notification.

The user hereby further acknowledges that PAYONE INDIA reserves all the rights to collect preserve, and retain all the financial and banking transaction details of the user including but not limited to account, banking, net-banking, debit/ credit cards, forex cards, etc. and their allied transaction passwords etc. for the purpose of prevention of any fraud or money laundering, violation of respective RBI Norms and Regulations, commission of offences, etc. as per laws applicable in India, and share the same with any Banking, Govt., Judicial, Law Enforcement Institution, Agency, Organization etc. as required/ directed by them from time to time.

The user hereby further acknowledges that PAYONE INDIA reserves all the rights to report any suspicious activity of user pertaining to the transactions undertaken by the user with the PAYONE INDIA with any Banking, Govt., Judicial, Law Enforcement Institution, Agency, Organization etc. in order to prevent any fraud or money laundering, violation of respective RBI Norms and Regulations, commission of offences, etc. as per laws applicable in India.

The user hereby further acknowledges that PAYONE INDIA reserves all the rights to preserve and retain the login password of account which he/she holds with PAYONE INDIA, including any communication in whatsoever with the user either, verbal, telephonic, sms, webchat, video conferencing, emails, etc., for its internal training, process improvements, research and developments etc.

The user hereby understands and acknowledges that PAYONE INDIA does not owe any responsibility for the authenticity, genuinity and legitimacy or updating of the content of the third party information provided on the PAYONE INDIA’s website, and the user will verify such third party information from its respective organization, before relying upon the same. In case of the PAYONE INDIA’s Partner Link on PAYONE INDIA’s Website/ App, the user should read the terms & conditions of the third party.

The user hereby understands and acknowledges that PAYONE INDIA does not owe any responsibility for any spamming, phishing, etc., including any attempt or commission of any cyber or security threat or offence, or theft of data etc. based upon access to PAYONE INDIA’s website and availing its services, by any miscreant or third party. PAYONE INDIA does not owe any responsibility for such theft or illegal leakage or disclosure of the same by any miscreant, for which the user understands and acknowledges that he avails the service and use of PAYONE INDIA’s website at his own risks, costs, and consequences.

The user hereby acknowledges that PAYONE INDIA reserves all the rights to collect, preserve, and retain all personal data of its user and have all the right to utilize said data for its own internal assessment, research and development, promotion of products etc, and shall also have all the right to use and share the same for its own usage and purposes, for itself or for any Third Party.

Express Consent


Purpose and Usage


PAYONE INDIA will not sell or rent your Personal Exclusive Information to anyone, for any reason, at any time. However, we will be sharing your Personal Exclusive Information with our affiliates and business partners, where we feel that they will be able to assist you better for the purpose of providing knowledge/ information related to PAYONE INDIA’s Products & Services (existing & newly launched). PAYONE INDIA uses the information collected and appropriately notifies you to manage its business and offer an enhanced, personalized online experience to you on its Website/ App. Further, it enables PAYONE INDIA to:

We use personal information to provide you with services & products you explicitly requested for, to resolve disputes, troubleshoot concerns, help promote safe services, collect money, measure consumer interest in our services, inform you about offers, products, services, updates, customize your experience, detect & protect us against error, fraud and other criminal activity, enforce our terms and conditions, etc. We also use your contact information to send you offers based on your previous orders and interests. We may occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, gender, etc.). We use this data to customize your experience at PAYONE INDIA, providing you with content that we think you might be interested in and to display content according to your preferences.

Acceptance


You expressly understand and agree that Your use of the PAYONE INDIA’s Website/ Mobile App/ Network/ Services is at Your sole risk and that the Services are provided "as is" and "as available".

You acknowledge that PAYONE INDIA is a facilitator for Mobile recharges and other Services and is not liable for any 3rd party products and services available on the Site and other Related Applications with respect to rates, quality, and all other instances. You expressly agree that use of the Services and the website and Related Applications is at your sole risk and you shall not hold PAYONE INDIA liable for any discrepancy in the third party products. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally.

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 PAYONE INDIA or through or from the Services shall create any warranty not expressly stated in the Terms.

Consequently, all the rights, benefits, liabilities and obligations under the Terms shall, as the case may be, accrue to the benefit of, or incurred by, PAYONE INDIA, regarding your use of PAYONE INDIA’s digital services (which includes but may not be limited to prepaid recharge, bill payment, bus tickets, hotel rooms or flight tickets), or any such other services which may be added on PAYONE INDIA’s website/ Application and which will henceforth be a PAYONE INDIA’s Service, from time to time. The Services shall be used by you subject to your adherence with the Terms & Conditions. As long as you accept and comply with these Terms, PAYONE INDIA grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the PAYONE INDIA Website/ Application and/or avail the PAYONE INDIA Services.

Communication (Electronic / Telephonic)


Whenever you visit the website/ register on our website/ App or send e-mails to PAYONE INDIA, you are communicating with PAYONE INDIA electronically. For that reason, you also consent to receive communications from PAYONE INDIA electronically. PAYONE INDIA and its affiliates/ partners will communicate with you through e-mail or Call or by posting notices on the website/ App or by such other means as PAYONE INDIA may determine from time-to-time. You agree that all agreements, notices, disclosures and other communications that PAYONE INDIA or its Affiliates/ Partners provides to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

Security


PAYONE INDIA has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.

Disclosure / Sharing


PAYONE INDIA does not disclose Personal Exclusive Information of a customer except as directed by law or as per mandate received from the customer / applicant. Upon your written request PAYONE INDIA will provide you with information on whether we hold any of your personal information. No specific information about customer accounts or other personally identifiable data is shared with non-affiliated third parties unless any of the following conditions is met:

Indemnification


You hereby agree to defend, indemnify and hold each of the PAYONE INDIA harmless against any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising due to the breach of these Terms & Conditions or otherwise arising from your use or misuse of the Site or Content.

Third-Party Sites/ Websites


From time to time, this website may also include links to other sites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of Third-Party sites is subject to the terms of use and privacy policies located on such Third-Party sites, which may be different from these Terms & Conditions or PAYONE INDIA’s Privacy Policy.

Limitation of Liability


In no event, PAYONE INDIA shall be liable to you, or any third party, for any direct, special, indirect, incidental, punitive, exemplary, reliance, or consequential damages of any kind, including, but not limited to, compensation, reimbursement or damages in connection with, arising out of, or relating to, the use, or loss of use of, the site and content, loss of profits, loss of goodwill, loss of data or content, cost of procurement of substitute goods or services, subsequent or other commercial loss, or for any other reason of any kind, whether based on breach of any express or implied warranty or condition, breach of contract or tort (including, without limitation, negligence or strict liability), even if PAYONE INDIA has been advised of the possibility of such damages.

Disclaimer; No Warranties


To the fullest extent permissible pursuant to applicable law, PAYONE INDIA and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from PAYONE INDIA or through the PAYONE INDIA Services or the PAYONE INDIA Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “PAYONE INDIA ” includes PAYONE INDIA’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You acknowledge that PAYONE INDIA is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the PAYONE INDIA Services on the PAYONE INDIA Website/ Application is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. PAYONE INDIA does not warrant that the PAYONE INDIA Services will be uninterrupted or error-free or that defects in the site will be corrected. PAYONE INDIA Services and the PAYONE INDIA website/ application 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. PAYONE INDIA , and its third party suppliers, licensors, and partners do not warrant that the data, PAYONE INDIA software, functions, or any other information offered on or through the PAYONE INDIA Services/PAYONE INDIA websites/ applications or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. PAYONE INDIA and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the PAYONE INDIA Services/PAYONE INDIA websites/ applications or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the PAYONE INDIA Services/PAYONE INDIA websites/ applications or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will PAYONE INDIA 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 PAYONE INDIA websites/ applications.

You agree to indemnify, defend and hold PAYONE INDIA and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the PAYONE INDIA Website/ Application, any violation of these Terms, or any breach of the representations, warranties, and covenants made by you.

Changes In Policy


The user hereby understands and acknowledges that PAYONE INDIA reserves its right to change, amend, modify or alter any or all the clauses of this policy with retrospective effect, without giving any prior notice. PAYONE INDIA has right to terminate the access of its website at any point on misuse of its content by the individuals. The user of this website by having access of the same acknowledges that he will always remain bound by these terms and condition, mentioned hereinabove.

Governing Law and Forum for Disputes


Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against PAYONE INDIA must be resolved by a court having jurisdiction in Delhi, India. You agree to submit to the personal jurisdiction of the courts located within Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Laws of India. Your use of this website and any dispute arising out of such use of the website is subject to the Laws of India.