TERMS AND CONDITIONS

Users of the website (Website Name).in, the (Website Name) mobile applications, and any other linked pages, products, software, APIs, features, content, or application services ("Services") in connection therewith offered from time to time by PIXELPULSE IT SERVICES PRIVATE LIMITED ("(Website Name)," "we," "our," or "us") are subject to the terms and conditions/terms of use set forth below ("Terms").

Any person or organization ("you" or "Merchant") who logs in to or uses the website (even if they do not use any of the services offered there) is deemed to have read and unconditionally and irrevocably accepted the terms and conditions set forth below for use of the services of (Website Name).

If you do not agree to any of the terms described below, do not use the (Website Name) platform or services going forward. By using the Website, you agree to be bound by these Terms legally.

The following terms and expressions shall have the meanings ascribed to them in this article for the purposes of these Terms.

DEFINITIONS 

A bank or other financial institution that accepts credit or debit card payments on behalf of a merchant is referred to as an "acquiring bank."

The method by which Customer identity is verified in the Processing Mechanism is referred to as "authentication."

"Application Form" refers to an application that the Merchant submits to (Website Name) in order to use the Services, and it includes the information that You share with (Website Name) while logging in and providing the necessary information in order to use the Services. All such information, whether provided in full or in parts, in pull or push mode, shall be regarded as a part of the Application Form.

"Authorization" refers to the procedure used in the Processing Mechanism to determine whether the Customer's Debit Card or Bank Account has the necessary amounts or limits (to carry out the desired transaction) and has the approval of the Direct Debit Service Providers.

"Chargeback" refers to an approved and settled Transaction that an Issuer reverses to a Payment Service Provider upon receiving a chargeback request from a Customer in order for the Transaction value to be ultimately reversed to the Customer, provided that the Merchant is unable to provide an explanation and documentary evidence as to why the chargeback request should be rejected in accordance with applicable laws.

"Customer Payment Amount" refers to the total amount that the customer has paid for the merchant services, which includes, among other things, all fees, taxes, tariffs, costs, fees, and expenses related to the merchant services, including (Website Name) Fees.

Any individual or organization purchasing goods or services through a third-party website (the merchant's website) or mobile application and paying with (Website Name) payment methods is referred to as a "customer."

"Data Protection Law" refers to all applicable laws and rules governing the handling of personal data, including but not limited to those governing the confidentiality and security of that data.

According to the LOI (Letter of Intent) hereto, "Fees or Charges" refers to any fee that has been agreed upon between the Parties and is to be paid by the Merchant to (Website Name) or directly charged by (Website Name) to the Customer of the Merchant for (Website Name) Services.

A bank that issues and approves the card or net banking privilege to its customers is referred to as the "issuing bank."

Every individual or company that makes use of PIXELPULSE IT SERVICES PRIVATE LIMITED's applications, goods, and APIs and collects or disburses payments to end customers is referred to as a "Merchant" or "User."

"Merchant Website" refers to the online platform created by the Merchant to allow Customers to conduct Transactions for obtaining Services. Its domain name is specified in the Application Form or Legal Agreement (if any).

"Merchant Services" refers to the services or goods that the Merchant offers to its customers and for which payment must be made utilizing the (Website Name) platform and the customer's active accounts, cards, or bank accounts.

An intermediary account controlled and run by the acquiring bank and directed for merchant settlements by PIXELPULSE IT SERVICES PRIVATE LIMITED is referred to as a "nodal account." According to the Reserve Bank of India, the "Payments and Settlements Act, 2007" established the rules for this account (RBI).

"Payment Gateway Network" refers to all associated software needed by the Merchant to submit Authorization and data capture transactions to the payment service providers and to transmit Authorization and settlement transactions between the Merchant and the payment service providers. It also includes the hardware, software, platform, and telecommunications tools required to perform protocol conversion between different networks or applications.

"Payment Gateway" refers to the protocol that (Website Name) may specify to allow for customer authentication and the authorization of valid card payments in accordance with the processing mechanism.

"Personal Data" refers to personal information as it may be interpreted by the Data Protection Law.

The services offered on (Website Name), as well as those discussed on the website or associated pages of (Website URL) , are referred to as "Products and Services."

"Terms and Conditions" refers to the terms and conditions of this Agreement, as well as any schedules, appendices, annexures, and exhibits that are attached to it. It also includes any additions, modifications, amendments, addenda, or deletions of those terms and conditions that have been agreed to in writing by the Parties.

Tokenization refers to the process of creating a unique string of numbers from a random generator for each combination of cards.

ELIGIBILITY 

  • You certify that you are at least 18 years old, fully capable, and competent to understand the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, as well as to abide by and comply with these terms.
  • You declare that you are of legal age to enter into contracts and that you are also permitted by law to use our Services, the specifics of which you have supplied on our website.
  • You accept that you have the legal right to represent any person or entity if you are using or accessing the Website on their behalf.
  • You affirm and guarantee that you are fully authorized to use the Services and are abiding by all applicable laws.
  • The laws that are now in effect must be read in conjunction with and in addition to these Terms as approved by you.
  • Only if you accept and agree to comply by all of the following Terms are you authorized to use the Services and this Website.

REGISTRATION AND SIGNUP

  • You need to register with (Website Name)in order to use the Services.
  • You must give (Website Name) all the documentation needed for effective identification, registration, and verification, as specified by (Website Name).
  • You undertake to submit true, accurate, current, and complete information when registering with (Website Name); otherwise, (Website Name) retains the right to reject your registration and to revoke your access to the Website and/or the Services at any time.

We might get the following data:

  • Name, brand name, legal name, and so forth.
  • Contact information is necessary for the verification of your identity and/or ownership of a product or item, including but not limited to your email address, identity evidence, and address proof.
  • Information related to the contract, such as the address, shipping, and billing information, as well as any other information you may have supplied when making a purchase on our website.
  • demographic data like a postcode, tastes, and passions.
  • Information about the purchases, sales, and logistics you make using our platform as well as information about the fulfillment of your orders.
  • Details about users, user behavior, Financial facts, including but not limited to credit card, debit card, bank account, and know your customer (KYC) documentation as per RBI requirements, as well as other information that may be relevant, are sensitive personal data.
  • The application for our services may also require other information, such as your IP address and typical site log data.
  • Information on page visits, computer sign-on statistics, traffic to and from (Website URL) as well as to and from our mobile applications on iOS and Android, and, if relevant, information on the effectiveness of advertisements.
  • "Identifying Information" refers to any additional information we deem necessary to improve your experience on the Platform.
  • By giving us personal information, you consent to the transfer of that information to and storage on our servers. We store your personal information on servers.
  • Your username, password, and other identifying information that you supply when registering with (Website Name) will be used to create a User Account.

The following uses of the Identification Information are possible:

  • to ensure that your account is successfully created and verified through banks and other third-party service providers.
  • to confirm that your company's operations and existence are legitimate.
  • To the degree permitted by law, to process and verify the legitimacy of your company.
  • to enhance our services and products.
  • To settle disagreements, collect payments (if necessary), and troubleshoot issues to improve the website for you.
  • following each successful purchase, to SMS or email a notification.
  • With your permission, for internal company marketing promotions.
  • to periodically send us promotional emails with information about new products, deals, or other offers.
  • To compare and verify with third-party service providers aiding us in running the (Website Name) business (such as fraud investigations, bill collection, affiliate and rewards programs).
  • We may disclose the information to our subsidiaries, joint ventures, or other businesses that are under common control (collectively, the "Affiliates"), provided that they abide by this Privacy Policy.
  • If we have a good faith opinion that disclosing the information to a third party is reasonably necessary, we may do so.
  • Take measures in response to alleged illegal activity;
  • enforce or apply our policies on privacy and terms;
  • obey all court orders, subpoenas, and search warrants, among other legal processes; Please be aware that we are not compelled to challenge the legality of any subpoena, search warrant, or other similar governmental request that we receive.
  • To defend our reputation, rights, and property, as well as those of our users, partners, or the general public.
  • When it comes to current or potential business relationships with third parties, such advertisers and content distributors, we may provide aggregated information on User behavior to them.
  • to enhance our services and provide you with better, more individualized service.
  • To analyze usage trends and enhance website administration, we may use your Internet protocol (or IP) address, a special number assigned to your computer server or Internet service provider (or ISP).
  • Your information might occasionally be used to get in touch with you for market research. We may get in touch with you via phone, fax, email, or mail. We might use the data to modify the website to better reflect your interests.
  • Any activity taken using your User Account is your responsibility.

USE OF SERVICES

  • You may use the Services to send and receive payments from/to third parties.
  • You will receive a URL and login information via email or text message before being able to use the Services, and by accepting this information, you are agreeing to be solely responsible for all orders and information exchanged through the mobile/email account as well as for maintaining the confidentiality of the login information, including passwords.
  • (Website Name) reserves the right, but is under no obligation, to confirm the legitimacy of the Transaction in any other way than by checking your fundamental KYC details.
  • You must always take the necessary precautions to protect the security and privacy of the information, including those described in this document.
  • Any error or abuse of the services by You, anyone you authorize, or anyone who accesses the services through You is not the responsibility of (Website Name).
  • You certify that (Website Name) complies with commercially acceptable security measures and acts in good faith while accepting any instructions coming from his account.
  • By signing this agreement, you acknowledge that (Website Name) may suffer direct or indirect losses due to the exposure of sensitive information by or via You.

Payments from clients, other payers, or suppliers can be received by

  • NEFT, RTGS, or IMPS
  • debit or credit cards, or
  • Netbanking, as well as
  • UPI for payables and collections
  • Any additional bank-based payment methods that (Website Name) may accept in the future in accordance with these Conditions
  • (Website Name) will begin making the necessary payment to You or Customers as directed by You or Customers once it has received the requisite information from the Banks.
  • Confirmation of the transaction carried out using legitimate login credentials shall be sufficient proof that a transaction has taken place.
  • You are in charge of giving (Website Name) accurate and up-to-date customer information.
  • In order to increase the security of card transactions, the RBI mandates that sensitive information from cards and cardholders making payments to You be stored in the form of tokens. You are responsible and liable for any non-compliance with the RBI's guidelines in the event that the storage of the credit Card data or tokens is used improperly in accordance with the relevant laws.
  • If the payment relates to a product that the Customer has purchased, (Website Name) is not responsible for making sure that the product has been properly delivered.
  • If a customer has a complaint they would like to make about a transaction, they should contact (Website Name) within 10 (Ten) days of the transaction.

CHARGEBACKS

Any transaction that is uncollectible and is returned to the issuing bank or acquiring bank by the customer or (Website Name) for a reimbursement to the affected Consumer for any of the following reasons is referred to as a chargeback:

  • Any payment that the customer refuses to honor or requests a refund for because the acquired products or their delivery fell short of expectations or was flawed for any reason whatsoever, even though the payment for the same has already been made.
  • any payments made by a customer using the services that the acquiring bank returns for any reason.
  • Any fee or deduction resulting from a purported hacker violation of the security or encryption methods occasionally used by (Website Name) or the customer.
  • anything that fails in a transaction.
  • Due to the swiftness of financial transactions, it might not be possible to cancel a payment made via the Services after it has been started.
  • In order to attempt a chargeback or payment retraction, the customer must promptly notify the relevant bank and (Website Name) and provide all necessary details. Nonetheless, (Website Name) promises that the payment will be retracted.
  • If the request is made to the customer's bank and to (Website Name) within the allotted period, it might be able to charge back or revoke a payment made using a debit or credit card. With any other kind of payment, it would not be able to accomplish this, though.
  • (Website Name) will not be obligated to pay for any Chargebacks until it has collected the necessary funds from the relevant acquiring bank, service provider, payee, or user.
  • If (Website Name) receives a Chargeback amount from the acquiring bank, the service provider, or you, (Website Name) has the right to reimburse the User/Payer for the amount within seven days of receipt.

If the parties have agreed that the user or payer has the right to chargeback any transaction, (Website Name) may, in its sole discretion, implement that right in one or more of the following ways:

  • Subtracting the required amount, in whole or in part, from any payments to the Payee
  • charging the involved Party the pertinent sum, or any portion thereof.
  • (Website Name) is not responsible or accountable to handle any refunds or Chargebacks.

SETTLEMENTS 

A User/You agree to pay a non-refundable fee in consideration of the Services provided by (Company Name). This fee shall be in consideration of all products, platforms, APIs, and other related financial services that have been listed on the (Website Name) and mobile application.

While registering for (Website Name) Services, you must pay (Website Name) a non-refundable, one-time setup fee and/or the Fee as specified in the Application Form or Platform.

Periodically and at intervals that (Website Name) notifies the Merchant of, the Fee may be changed.

According to the RBI's Payments and Settlements Act, (Website Name) has a Nodal account. We will provide the Nodal bank instructions to transfer the funds due to You from the Nodal to Your bank account in "T" +2 or maximum "T" +3 working days after subtracting our charge. "T" stands for the transaction date. The workdays listed below are bank workdays.

To illustrate the costs being assessed and charged in accordance with the agreement and pricing established between the user and (Website Name), you/the user will receive an invoice from (Company Name) that includes GST data.

It is agreed that Users will pay any applicable taxes under Indian Income Tax Laws in relation to the invoices they receive from You and will provide us with a TRACES certificate verifying the payment of those taxes. We will subsequently reimburse the User for those taxes on a quarterly basis.

TERMINATION 

If (Website Name) has cause to believe that You or a User has violated these Terms, another agreement with (Website Name), or has engaged in dishonesty or fraud against (Website Name) or any Service Provider, (Website Name) shall have the right to

  • halt all payments due under these Conditions;
  • disable your password and deactivate/suspend your user account; and
  • suspend User's use of the Website or the Services while (Website Name) conducts its investigation.
  • By sending us an email, the user may at any moment terminate or deregister his user account. Please be aware that (Website Name) maintains the right to refuse to return any data or information that may be stored on its servers or other equipment after your Account is canceled.
  • (Website Name) reserves the full right to withhold any payments made to You or Users and to revert any payments made in response to complaints from the acquiring or issuing bank or any other associated party of the Indian government, such as the Cyber cell, the Police, the Reserve Bank of India, SEBI, etc.
  • Refunds in these situations will be forcibly enabled on Your/account User's and sent back to the Original Account from which the Transaction Started.

COPYRIGHT

Every piece of information on or accessible through our website, including text, photos, graphics, logos, button icons, audio clips, digital downloads, and other types of data compilations, is our property and may not be used by anyone without our express written approval.

  • A statement, logo, or image provided by (Website Name) must be prominently displayed on the merchant website and in other online marketing materials upon request.
  • Without our express written consent, you may not extract and/or repurpose any of our Content.
  • You must only use the Payment Gateway Network to access the Services that have been agreed upon.
  • You, your staff, or your agents may not use the Payment Gateway Network in any way to develop, produce, distribute, or market a software program that is similar to or identical to the Payment Gateway Network. You may not also adapt, modify, transform, or rearrange the Payment Gateway Network for any reason, including, among others, the creation of a new software program or a derivative software program.
  • The Payment Gateway Network may not be disassembled, reverse engineered, decompiled, decoded, or attempted to be decoded. Neither may the Payment Gateway Network be disclosed to anyone for such purposes, nor may any protection system built into the Payment Gateway Network be altered or broken in any way.
  • Your trademarks, service marks, and logos may only be used in conjunction with promoting the Payment Gateway Network to the general public, and you therefore grant (Website Name) a non-exclusive, royalty-free, limited license to use, display, and reproduce those materials. All intellectual property rights in such marks belong to you.
  • You agree to abide by all copyright notices, trademark policies, information, and restrictions in any content you access through the services. You also agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any reason whatsoever any content or submissions from third parties or other proprietary rights that are not your own.
  • without the respective owners' express prior written authorization.
  • any manner that tramples upon the rights of third parties.
  • The copyright laws that are in place generally safeguard the services. Any fraudulent or inappropriate use will result in the account being immediately terminated and will be subject to legal actions in accordance with government regulations.
  • Downloading or copying the content for any illegal use is not permitted.
  • Moreover, you are not permitted to keep any data for any reason at all. It is totally forbidden to copy or store any information without the copyright holder's permission.
  • Your access to the services may be terminated at any time, at the sole discretion of the Company.
  • Before allowing a link to the Website, the Company reserves the right to obtain prior written approval.

COMPLIANCE WITH THE LAWS

Additionally, you hereby unconditionally agree to comply with all applicable anti-corruption laws, including but not limited to the provisions of the Foreign Corrupt Practices Act of 1977, the Prevention of Corruption Act of 1988, the Prevention of Money Laundering Act of 2002, the Foreign Contribution (Regulation) Act of 2010, and any amendments thereto. These laws forbid the User, its officials, representations, agents, or any other person connected to or acting on behalf of the User from engaging in corrupt practices.

In the event that You are provided with any Personal Data pursuant to or in connection with this Agreement, You shall:

  • to always abide by the Data Protection Law's requirements with regard to all Personal Data it processes to fulfill its duties under the Terms;
  • In order to fulfill the obligations under the Terms, Personal Data may only be processed: (a) as much as is required; (b) in accordance with (Website Name)'s written instructions; or (c) as required by any regulator or applicable legislation.
  • maintain the confidentiality of Personal Data in compliance with the confidentiality responsibilities, and make sure that its employees and agents do the same;
  • to preserve the security of such Personal Data and prevent unauthorized or unlawful access to, or the processing of, or any accidental loss, destruction, or damage to, that Personal Data; to apply the necessary technical and organizational measures;
  • In the event of any actual, suspected, or claimed theft, unauthorized use or disclosure of any Personal Data, loss, damage, or destruction of any Personal Data in your possession or control, you shall promptly notify (Website Name) in writing and shall cooperate fully; and
  • Upon ceasing to use our Website or upon notification from (Website Name), erase all Personal Data or return it to (Website Name), and destroy any copies of the Personal Data (save to the extent that retention of copies is required by applicable law).
  • You agree to hold (Website Name) harmless from any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, and expenses that may be imposed upon, incurred by, or asserted against (Website Name) due to your failure to comply with data protection laws with regard to the personal data shared with/processed by You, including any interest, penalties, costs, and expenses payable or incurred in connection therewith.

USER OBLIGATIONS

You pledge and affirm that you won't use the Services or contribute to any content in a way that:

  • violates any third party's privacy or publicity rights, intellectual property rights, or proprietary rights, among other rights.
  • any law, statute, ordinance, or regulation is broken.
  • is damaging, false, deceptive, abusive, harassing, tortious, libelous, vulgar, obscene, or in any other way objectionable.
  • involves conducting business or making sales without first receiving written permission from the company, such as when participating in sweepstakes, bartering, advertising, or pyramid schemes.
  • Falsifies identity of any individual or organization, including without limitation any employee or agent of the company.
  • Contains malicious computer code, a trojan horse, a worm, a time bomb, or some other type of programme.
  • Your IT infrastructure and systems adhere to PCI-DSS and Payment Application-Data Security Standard requirements as necessary.
  • Before ending your business operations, terminating the Payment Gateway Network, or ending your relationship with (Website Name), you must pay off all debts owed to the company.
  • Any information that is displayed on the merchant website, including prices, consideration for the merchant services, and other fees associated with them, is your sole responsibility.
  • You are fully aware that the Services are offered to you on a strictly non-exclusive basis, and nothing in this Agreement will prevent (Website Name) from offering comparable services to others, including your rivals.
  • When using (Website URL) services, the following list of terms must be adhered to.
  • You must refrain from using any kind of racial or discriminatory imagery or content.
  • You must refrain from employing any excessive content that offends religious sensibilities.
  • You commit to not posting or publishing any pornographic or sexually explicit material (including literature, imagery and other media, escort or prostitution services).
  • Pornographic material aimed at children is not permitted.
  • Unauthorized reproductions of copyrighted media, such as music, movies, or other licenced or copyrighted works, are strictly forbidden.
  • It is expressly forbidden to use copyrighted software or unlicensed versions of any videos, music files, graphic designs, typefaces, or photographs.
  • You agree not to utilize any potentially illegal items or materials, including pictures, counterfeit stamps, reproductions or imitations of designer goods.
  • On (Website Name), you are not permitted to advertise drugs or drug-related accessories.
  • It is forbidden to advertise pyrotechnic products, hazardous items, including radioactive materials and substances, toxic, flammable, and similar products like fireworks.
  • Airbags, batteries containing mercury, Freon or comparable chemicals/refrigerants, chemical/industrial solvents, government uniforms, car titles, license plates, police badges, and law enforcement gear, lock-picking tools, pesticides, postage meters, recalled goods, slot machines, surveillance equipment, and goods subject to government or other agency specifications are examples of regulated goods that you may not sell or promote.
  • It is strictly forbidden to sell any substances or materials that are restricted or outlawed under government regulations.
  • Securities, which include stocks, bonds, and associated financial items, may not be sold or promoted.
  • You are not allowed to sell tobacco products, such as cigarettes, cigars, chewing tobacco, and similar items.
  • Products pertaining to or related to employment cannot be sold on (Website URL) Payments of any kind accepted on the portal for employment or employment-related services are strictly banned.
  • You are not allowed to offer or sell any marketing-related items, including bulk emails and bulk text messages. For instance, emails or messages delivered using bulk SMS services or mail servers.
  • You are not permitted to market or sell gaming-related products, such as lottery tickets, contest entries, sports wagers, subscriptions to online gambling sites, and associated materials.
  • Miracle treatments, such as unproven treatments, natural cures, or other products touted as quick fixes for ailments, are prohibited.
  • On our platform, it is forbidden to use traffic devices such as radar detectors, radar jammers, license plate covers, traffic signal modifications, and similar items.
  • Trading in cryptocurrencies or other digital currencies is completely forbidden on our platform.
  • It's against the law to collect fees in multilevel marketing.
  • Any good or service that does not adhere to all applicable laws and rules—whether they be national, regional, municipal, or international—including Indian law, is illegal.
  • On PIXELPULSE IT SERVICES PRIVATE LIMITED, money laundering, bidding/auction websites, and mobile applications are strictly prohibited.
  • Selling mailing lists is not permitted on our platform.
  • It is forbidden to use software, SMS, or email marketing tools for mass unsolicited email distribution.
  • Illegal items or materials, goods and services that encourage any form of crime, gambling, and material goods are all prohibited.
  • You are not permitted to sell government identification cards or papers that the government has prohibited third parties from selling, such as phony identification cards, government passports, etc.
  • Mod chips and other gadgets that work to get beyond copyright restrictions are examples of copyright unlocking technology.
  • Plants, animals, and other organisms (including product derivatives) that are in danger of going extinct are considered endangered species.
  • Living animals or their hides, skins, teeth, nails, and other body parts, etc.
  • guns, ammo, knives, brass knuckles, and other armaments are examples of weapons.
  • any commodity or service that does not abide by all applicable laws and rules, whether they be national, regional, municipal, or international, including Indian law.
  • Any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if company is concerned that you may have violated the immediately preceding sentence), or for no reason at all, (Website Name) reserves the right to remove any content or image from the services.

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

Certain sensitive information of (Website Name) may be disclosed to you in conjunction with these Terms or you may obtain it in another way (collectively, confidential information).

  • You are not allowed to reveal any confidential information without (Website Name)'s approval, unless it is necessary to fulfill your obligations under this agreement.
  • You may not use any sensitive information to encourage users to subscribe to any other services or to advertise the sale of any goods that directly or indirectly compete with (Website Name) or the features or services provided by the platform.
  • You acknowledge that (Website Name) may be required to disclose information about you or the business you perform with (Website Name) or through the Platform to governmental entities, the law, or other third parties.

GENERAL INFORMATION 

Your use of the Service and the Website is governed by these Terms and other policies that are displayed on our website. These Terms and other policies supersede all prior written or oral agreements, understandings, proposals, agreements, negotiations, and conversations between you and (Website Name).

A right or provision of the Terms shall not be deemed waived by (Website Name)'s omission to assert or enforce such right or provision. The rights and remedies described below are cumulative and do not preclude any other legal rights or remedies.

The validity, legality, and enforceability of the other sections of the Terms shall not in any way be affected or impaired if any provision or provisions of these Terms are found to be invalid, unlawful, or unenforceable.

You are solely responsible as a user for ensuring that any information for the advertisement submitted by the advertiser on our website is truthful, does not violate any third party's copyright, patent, trademark, trade secret, or other proprietary rights, or their right to privacy or right of publicity, and complies with all applicable laws, statutes, ordinances, and rules (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, and

Despite anything to the contrary in this document, (Website Name) does not engage in the direct sale of goods or provide services. Any request for a refund or return of any goods or services must be made directly to you, the sellers, or the vendors.

The following papers, policies, and agreements must all be read in combination with this Agreement:

  • Privacy Principles
  • Cookie Regulation
  • Any agreement, policy, and terms and conditions that we may occasionally add or modify.

By amending the Terms, we reserve the right to change these terms and conditions. You acknowledge that the Terms may be revised at any time, and you agree to be bound by any ensuing amendments.

It is your sole responsibility to periodically check these Terms.

If our Platform is intentionally and fraudulently used to carry out any criminal activity or illegal acts or omissions that are explicitly and implicitly forbidden, we retain the right to recover the cost or bring legal action. It is acknowledged that You have fully accepted and agreed to the Terms, our disclaimer notice, and the resulting legal obligations between Us and Our User.

INDEMNIFICATION AND REMEDY 

It is made clear that you have agreed not to use, copy, or distribute any of the Materials in any way other than as specifically allowed above. This includes not using, copying, or distributing any third-party materials you get through the Platform for any commercial endeavors.

You must keep all copyright and other proprietary notices present when downloading or printing a copy of the Materials for your own use. It is expressly forbidden to duplicate, modify, adapt, publish, distribute, or create derivative works from the Platform, the Materials, or the compiled work.

It is expressly forbidden to copy or reproduce the Platform, the Materials, or any part of them on any other server or place for additional reproduction or redistribution.

You agree to hold (Website Name) harmless from and against any and all liability, including but not limited to liabilities, judgements, damages, losses, claims, costs and expenses, or any other loss that may occur, arising out of or connected with any claim, suit, or proceeding brought against (Website Name) by another User, Service Provider, or third party for reasons such as, but not limited to I delivery, non-delivery or delay, deficiency, or mistake with regard to the Products

The User must abide by all rules and regulations that (Website Name) or another service provider may impose occasionally with regard to the Services.

When carried out in accordance with and in conformity with the terms and conditions set by (Website Name) or the Seller/Service Provider, all Transactions carried out by or via this Website shall constitute legally binding and valid Transactions.

Additionally, you acknowledge that if you abuse the Salt-Key that (Website Name) provided, or if the relevant Card Organizations penalize or otherwise take action against (Website Name)as a result of your actions, inactions, or default, you will be responsible for covering all costs, expenses, and other damages incurred by (Website Name)(if any). (Website Name) reserves the right to deduct these expenses from the unpaid balance in Your account if You don't pay the costs of the penalty you incurred from (Website Name).

Notwithstanding expiration, modification, or termination, this indemnity agreement will remain in effect.

LIMITATION AND TERMINATION OF SERVICES

The maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, emails, or other Content that may be transmitted or stored by the Service, as well as the frequency and mode of access to the Service or the Platform, are among the changes that may be made from time to time regarding use of the Service. It is made clear that you acknowledge and agree to these changes.

You acknowledge and agree that the Service (or any portion thereof) may be changed, restricted, or discontinued at any time with or without notice, and that (Website Name) shall not be liable to you or to any third party for any such alteration, restriction, or discontinuance of the Service.

You acknowledge and agree that (Website Name), in its sole and absolute discretion, has the right to immediately and without prior notice delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), as well as remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if we discover that you have violated the Terms, breached this agreement, or other agreements with (Website Name)

You hereby agree and acknowledge that (Website Name), in its sole discretion, reserves the right to suspend your services with immediate effect without having to give you any notice of termination, if it has reasonable grounds to suspect that a Transaction conducted using the (Website Name) Payment Gateway amounts to a violation of these Terms or is a suspicious Transaction or a fraudulent/unauthorized Transaction. Additionally, (Website Name) reserves the right to halt any ensuing payments in this regard until the problems are resolved.

You acknowledge that (Website Name)'s responsibility is limited to the services it offers, and that we are in no way liable for any losses, demands, or damages you, the customer, or any other party may incur or suffer, or for any other negative effects that might result from using the Payment Gateway Network.

Additionally, if we find that you have violated these terms, you will be required to pay us a penalty equal to at least 1% of your previous year's transactions or as determined by (Website Name), as compensation for your losses and damages.

Anyhow, the only recourse available to You is to immediately stop using our Website and refrain from doing so in the future if any of the conditions stated here are acceptable to You or if You are unhappy with any Services provided by Us.

LEGAL COMPLIANCES 

Regarding your use of our services, you must abide by the Policies, as well as any applicable local, state, national, and international statutes, ordinances, and laws (including common law).

Even if a transaction is completed successfully, you must nevertheless strictly adhere to any procedures that, if not followed, will either make the transaction void or illegal.

You alone are in charge of ensuring the legality of the services and any other actions taken on the website.

You must make sure you abide by all legal requirements in the India.

SEVERABILITY

The invalidity, inapplicability, or unenforceability of any term of these Terms shall not impact the validity, effectiveness, or enforceability of any other provision hereof and shall not in any way influence the remaining provisions, which shall continue in full force and effect.

FORCE MAJEURE

In no event shall we be responsible or liable for any failure or delay in the performance of its obligations hereunder resulting from or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil unrest, natural disasters, or acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware).

Under India law, force majeure is not specifically defined. Nonetheless, there are two clauses related to Force Majeure and the Act of God in the Indian Contract Act, 1872 (the "Act").

The Act's Section 32 addresses contingent contracts and, among other things, states that if a contract is based on a future event occurring and that occurrence becomes improbable, the contract is void.

A contract becomes void, among other things, if it is rendered impossible as a result of an incident that the promisor could not have foreseen after the contract is made, according to Section 56 of the Act, which deals with frustration of a contract.

GOVERNING LAW

The laws of the India shall apply to the interpretation and application of these Terms.

Any disagreement arising from, relating to, or connected in any way to the creation, performance, interpretation, nullification, termination, or invalidation of this policy shall be resolved by arbitration in accordance with the terms of the Arbitration & Conciliation Act, 1996 (the "Rules"), by a single arbitrator chosen in accordance with the Rules.

The sole arbitrator's judgment will be final and bind the parties to the dispute. The arbitration will take place in (State Name).

UPDATES TO THE T&C

The conditions of use could alter. Every time you or a user logs in to or uses any related pages, APIs, or mobile applications of PIXELPULSE IT SERVICES PRIVATE LIMITED, you or the user automatically agrees to the terms of usage.

CONTACT US 

You can reach us if you have any questions or concerns about the Terms and conditions.

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(CONTACT NO)

(ADDRESS)

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