Terms And Condition

TERMS & CONDITIONS (T & C) OF MERCHANT

  •  Introduction

PAYGATE INDIA PRIVATE LIMITED and/or its affiliates (“Safexpay”) provide Aasaan Checkout services to you through its product called Aasaan Checkout. The use of Paygate services by you is subject to the T & C mentioned on this page or in any agreement between you and us which governs your use of our services. 

You hereby acknowledge that you agree and accept this T & C when you sign up, access or use our products, services, content, features, technologies or functions offered on our website and all related sites, applications and services (collectively “Paygate Services”).

Please see our Privacy Policy to understand in detail how we collect and process your information through Paygate Services. 

  1. The subscription for one month is free and then the rates are applicable as provided in Annexure 1 of the Agreement.
  2. Guideline or T&C of CMS Platform where Aasaan Checkout is has Plugged in shall read with this T&C.
  3. Subscription can be renewed and upgraded and if in case you upgrade the past Subscription before expiry of subscription period, then it requires to make a payment on pro rata basis for upgradation. 
  4. License to use Services.

Subject to acceptance with this T & C of Use and applicable Service Terms by you and your payment of any applicable fees, Paygate or its content providers grant you a non-exclusive, limited, non-sublicensable, non-transferable license to access and make non-commercial and personal use of the Paygate Services.

Except as otherwise specified, Paygate is the sole owner of all the intellectual property rights on the website and or used in product/services and material on the website. Subject to the license, all these intellectual property rights are reserved by Paygate.

Restrictions:

  1. You shall not republish content/material from services/Product or website (including republication on another website);
  2. You shall not sell or sub-license content/ material from the services/product and or website;
  3. You shall not Publicly show any content/material from the services and or website or reproduce or republish in Public;
  4. You shall not duplicate, reproduce, copy or otherwise exploit material or any content on product/service and or our website for a commercial purpose.
  5. You shall not edit or otherwise modify any material or any content while using services/product website.

You can use the Paygate Services only as permitted by law and may not misuse the Paygate Services at any time. The licenses granted by Paygate will be terminated if you do not comply with this T & C of Use or any Service Terms.

  1. Acceptable use

You shall not use our website in any way which may causes, or may cause, damage, harm or destruction to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any, illegal, unlawful, harmful, fraudulent or purpose or activity.

You shall not use our website for any of this as a copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any Trojan horse, computer virus, spyware worm, rootkit, keystroke logger or other malicious computer software.

Without our explicit written consent, you shall not conduct any automated or systematic data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our services/product and or website.

You shall not use our Services/product for marketing purposes without our explicit written consent.

  1. Restricted access

We retain the right to restrict your access to a few areas of our required service, at our sole discretion but access to certain areas of services is restricted. 

You shall ensure that, if we provide you with a user ID and password to enable you to access restricted areas of services or other content or services, you will keep the provided user ID and Password confidential. 

If you fail to keep it confidential and due to which any losses occur to us, you shall be held solely liable and responsible for such loss. And at any time, we may disable your user ID and password at our sole discretion without notice or explanation.

  1. Limited warranties

Simultaneously as, we endeavor to ensure that the services/product is true and correct, we do not warrant its completeness or accuracy; nor do we commit or ensure that the services remain available or that the material or content on the website is kept up to date.

As permitted by applicable law we exclude all representations, warranties and conditions relating to these services and the use of this services (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

  1. Trademarks

All the trademarks reproduce on this product/services and/or website including but not limited to graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Paygate Service is sole and exclusive property of Paygate. 

  1. Limitations of liability

We strive to ensure that the availability of the Paygate Services will be uninterrupted and that transmissions will be free of errors. 

However, this cannot be guaranteed, due to the nature of the internet. Also, for repairs, maintenance, or the introduction of new facilities or services, your access to Paygate Services may be occasionally suspended or restricted. We shall make an effort so that the frequency and duration of any such suspension or restriction shall be limited.

Subject to this, our liability to you in relation to the use of our services under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

  1. We shall not be liable for any consequential, indirect or special loss or any other damage that were not foreseeable to both you and us when you commenced using the Paygate Services;
  2. We shall not be liable for any loss of profit, income, revenue, anticipated savings, goodwill, business, contracts, reputation, information or data;
  3. We shall not be liable for losses that were not caused by any breach on our part;
  4. We shall not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
  1. Breaches of terms and conditions

Without prejudice to our other rights under this terms and conditions, if any T & C are breached by you, we may take appropriate action against you to deal with the breach, including blocking computers using your IP address, prohibiting you from accessing the services, suspending your access to the services/product and/or website, contacting your internet service provider to request that they block your access to the services/product/website and/or bringing court proceedings against you.

  1. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any costs, expenses, losses, damages, and liabilities (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of this terms and conditions.

  1. Severability

If any provision of these T & C is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions shall continue to be in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if it were to be deleted partly, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Variation

We reserve the right to amend this T & C at any point in time on its discretion and accordingly update the same. The amended version will be effective at the time we post for such services. Please check the relevant page regularly while using services to ensure you are familiar with the current version. 

  1. No disclosure: 

Merchant shall not share any data not limited to confidential data to anyone that is customer or any third party. However, Safexpay shall share the data to its employees, agents, sub-contractor, professional in connection with this Agreement for Completion of Merchants work in order to complete this Agreement and also, share the same as required by law is necessary by reason of legal, accounting, or regulatory requirements beyond the reasonable control of the Safexpay.

  1. Plug in Deactivate:

Merchant agrees that if they default in billing cycle after finishing the end date of Subscription, 7 days grace can be granted to them, and during the grace period there would be limited access to the Aasaan Checkout  portal along with downloading restrictions  and from 8th day onwards, the Plug in will be automatically deactivated and would only be reactivate after clearance of pending payment.

  1. Exclusion of third-party rights

These T&C are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of rights in relation to these T & C is not subject to the consent of any third party.

  1. Law and jurisdiction

This terms and conditions will be governed by and construed in accordance with laws of India, and any disputes relating to this terms and conditions will be subject to the jurisdiction of the courts of India.

  1. Our details

The name of our company is Paygate India Private Limited.

We are registered by the Company Act, 2013.

Our corporate address is Office No. 718, 7th Floor, Lodha Supremus, Tower–II,

Wagle Estate, Thane (W) – 400604,

You can contact us by email at legal@safexpay.com