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TERMS AND CONDITIONs

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TERMS AND CONDITIONS

I. GENERAL TERMS OF USE

Agreement and acceptance.
1. These terms and conditions, including the General Terms of Use and the Terms of Service, along with any agreements executed or accepted by you in connection with the Services, incorporated by reference (collectively, "Terms"), apply to you ("you" or "Customer"), when you access, use or interact / communicate with the website https://paykosh.com and the associated Android App, iOS App, mobile site or any other medium. The term 'Services' collectively refers to the UPI Services. The 'Terms of Services' collectively refers to the UPI Terms.
2. These Terms are entered into between you and PayKosh ("PayKosh", "we", "us" or "our"). These Terms incorporate the Privacy Policy https://paykosh.com by reference (including any updates and amendments to such Privacy Policy).
3. Please read these Terms carefully before accessing the Portal or availing the Services. By using this Portal, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms, without any limitation or qualification. If you do not agree with these Terms, please do not access the Portal or avail the Services.
4. The information and data made available on the Portal or communicated to you in relation to the Services does not constitute an offer to buy or sell or solicitation of an offer to buy or sell any Services.
5. The headings contained in these Terms are for reference purposes only. Capitalised terms not otherwise defined in these Terms will have the meaning as set out in the Privacy Policy.
Representations, warranties and undertakings by you.
1. you are above 18 years of age, an Indian citizen resident in India, and competent to agree to these Terms.
2. These Terms impose valid and legally binding obligations on you and are enforceable against you.
3. you confirm that you neither have / had any insolvency proceedings against you nor have you ever been adjudicated insolvent by any court or other authority.
4. you are not a 'Politically Exposed Person' resident outside India in terms of the Master Direction - Know your Customer (KYC) Directions, 2016 issued by the Reserve Bank of India ("RBI"), read with the Prevention of Money Laundering Act, 2002.
5. you are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Portal or avail the Services, including to enter into transactions contemplated using the Services. you agree to use the Services only for purposes that are permitted by these Terms and in accordance with applicable laws.
Your Information.
1. By using the Portal or the Services, you authorize PayKosh, whether directly or indirectly through third parties, to collect information about you or make any inquiries necessary to validate your identity, in accordance with our Privacy Policy. Please read the Privacy Policy to understand how we collect, process and share your information, including personal information and sensitive personal data or information (collectively, "Information").
2. Further, we may ask you for Information or documents that will allow us to reasonably identify you, requiring you to take steps to confirm your right over your email address or financial instruments, or verifying your information against third party databases or through other sources. We reserve the right to terminate, suspend, or limit access to the Services in the event we are unable to obtain or verify this information.
3. When you provide any Information to PayKosh, you agree to provide only true, accurate, current and complete Information. you understand and acknowledge that the responsibility to provide correct Information, including the contact information, transaction amount, bank account details etc., as required in connection with the Services, lies solely with you. you must take all caution to ensure that there are no mistakes and errors in the Information you give. We will not be responsible to verify the accuracy of the Information provided by you.
4. You agree to keep your account information up to date and accurate, at all times until you are availing the Services. you will be liable to inform PayKosh of any change in the Information provided by you or otherwise available in relation to you. If the bank account number or other Information provided by you is incorrect, the amount may be deposited / credited to the wrong bank account so provided by you and there will be no guarantee of recovery of the same.
5. By availing the Services, you agree to provide your consent and full cooperation to enable PayKosh to validate your identity and to collect, process and share Information about you in accordance with the Privacy Policy in order to provide you the Services effectively.
6. If you do not provide any Information and documents requested on the Portal, or revoke any of the mandatory permissions sought by the Portal that is required for providing the Services, including for fraud prevention, collections and underwriting purposes, then you may have limited access to the Portal or you may not be able to avail the Services.
7. PayKosh reserves the right to close, suspend, or limit access to your account on the Portal or the Services in the event we are unable to obtain or verify any Information.
8. PayKosh may, upon receiving your consent, request certain third parties to provide Information about you to further personalise your experience on the Portal or provide certain customised services.
Fees.
1. If you use or access the Portal, you may be levied non-refundable service charge or fee, the details of which will be communicated to you on the Portal.
2. You are independently and solely responsible for any fees or amounts that your phone / telecom service provider charges, for example fees for SMS or data services.
Communication and notification.
1. You agree that PayKosh(either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the Portal or the Services, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.
2. PayKosh reserves the right to close your account and immediately collect all amounts due to PayKosh if you withdraw your consent to receive communications (through electronic or other means) or if you revoke access to any third-party site on which the PayKosh / the Service relies or if any such service should revoke or cancel your account on that site
3. Any electronic communications will be considered to be received by you within 24 hours of the time we send it to your attention (such as via email, SMS or other online notification, through WhatsApp messenger application). We will assume you have received any communications sent to you by postal mail, 3 business days after we send it.
4. If we need to contact you in connection with the Services, you give express consent to us and our permitted assigns and third-party agents to communicate with you in any way, such as calling, texting, or e-mailing via:
  1. a mobile phone or landline number you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours):
  2. any email address you provide to us or associated with your account on the Portal;
  3. automated dialler systems and automatic telephone dialling systems;
  4. pre-recorded or artificial voice messages and other forms of communications.
5. The accuracy, readability, clarity and promptness of the communications depend on various factors. PayKosh will not be responsible for any non-delivery, delayed delivery or distortion of the communication in any way whatsoever.
Do Not Disturb (DND).
1. you express your intent to know and consent to receive, through telephonic calls, WhatsApp messenger application or SMS on your registered mobile number or any other alternate number of yours, or through any other communication mode, various offers, schemes, promotions or other services we may offer, now or in the future, and authorize PayKosh and its employees, associates, third-party agents and other authorized service providers to provide you such information.
2. you agree and confirm that applicable laws in relation to the unsolicited communication referred in “National Do Not Call Registry” (the “NDNC Registry”) of the Telecom Regulatory Authority of India will not be applicable for such communication, calls, SMS or messages received from PayKosh, its employees, associates, third-party agents and service providers. you expressly waive any preferences you have set under the NDNC Registry.
3. If you would not like to receive any promotional messages or communications, please contact us at https://paykosh.com to let us know your preferences.
Access to Your Account.
1. You will be required to register an account on the Portal to effectively use and access the Portal and its complete features and to avail the Services ("Your Account"). You are also responsible for maintaining the accuracy of the Information in Your Account.
2. You are responsible for maintaining the secrecy and security of the login MPIN to Your Account, controlling the activities that occur in or through Your Account and for restricting access to your system or device to prevent unauthorized access to Your Account.
3. You agree to accept responsibility for all activities that occur in or from Your Account. You agree to establish reasonable security procedures and controls to limit access to the MPIN or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your Information. Your credentials include your MPIN to Your Account, OTP verification through Your registered mobile number and to any third-party account you have used to login to Your Account.
4. You agree to inform us immediately if you have any reason to believe that your login credentials have become known to anyone else, or if the MPIN is being or is likely to be used in any unauthorized manner.
5. PayKosh will not be liable for any breach of security or unauthorized use of Your Account.
Access to the Portal.
1. The content on the Portal is for information purposes only. PayKosh does not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the Portal and in these Terms, are subject to change at the sole discretion of PayKosh, without any notice or without any liability to you.
2. PayKosh will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which PayKosh will endeavour to give at least 4 hours' notice), or (ii) any unavailability caused by circumstances beyond PayKosh’s reasonable control.
3. While we will try our best to offer you uninterrupted access to the Portal and the Services, PayKosh assumes no liability whatsoever for any monetary or other damage or loss suffered by you on account of the delay, failure, interruption or errors in the operation of the Portal.
4. The customer support, whether in relation to the Portal or the Services, will be provided from 9:30 a.m. to 6 p.m. on 6 days a week, except on public holidays.
5. If you choose to access the Portal from locations other than India, you will do so at your own risk and you would be solely liable and responsible for compliance with applicable local laws and regulations of such location. The mere fact that the Portal can be accessed through the internet by you in a country other than India will not be interpreted to imply that the laws of the said country govern these Terms or use of the Portal. We accept no liability whatsoever, indirect or consequential, for non-compliance with the laws of any country other than India.
6. Access to the Portal or the Services may be unavailable, delayed, limited or slowed, from time to time, due to the inherent nature of the internet and among other things also due to:
  1. servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;
  2. software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  3. overload of system capacities;
  4. damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
  5. interruption (whether partial or total) of power supplies or other utility service, strike or other stoppage (whether partial or total) of labour;
  6. governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
  7. any other cause (whether similar or dissimilar to the above) beyond control of PayKosh.
Links to other websites.
1. Links to websites or interface other than the Portal are provided solely as information on topics that may be useful to you in relation to the Services, and PayKosh has no control over the content on such third-party websites.
2. PayKosh makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does PayKosh warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination.
3. If you choose to follow a link to a website not controlled by PayKosh, you must do so at your own risk. Once you are redirected to a non-PayKosh website or application interface, the terms of use or service and privacy policies of such websites will apply to you. Please read them carefully before accessing or interacting with such websites, in any way. PayKosh does not guarantee the authenticity of documents on the Internet or on such third-party websites.
4. Links to such websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.
Conduct on the Portal.
1. By using the Portal or Services, you agree to comply with the following conditions at all times:
  1. you agree to make use of the Portal for lawful purposes without infringing the rights or restricting the use of the Portal by any third party;
  2. you will not use the Portal for any unlawful or immoral purpose, or engage in any in any unlawful acts or activities that are in violation of, or are contrary to any applicable law or the Terms;
  3. you will not solicit others to perform or participate in any unlawful acts;
  4. you will not provide false, inaccurate, deceptive or misleading information;
  5. you will not provide information belonging to any person other than yourself, unless required expressly under the Terms or for provision of Services;
  6. you will not attempt to collect or track the personal information of others;
  7. you will not use or attempt to access an account that belongs to another person for yourself or on behalf of another person;
  8. you agree not to create multiple accounts, or fraud or fake accounts, with false information or false identity;
  9. you will not use any device, software, routine, file or other tool or technology, which includes any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, interfere with or affect functionality or operation of the Portal or the Services, to surreptitiously intercept or expropriate any system, data or information in connection with the Services or as hosted / available on the Portal, or to affect the operation of any other websites or the internet;
  10. you will not breach these Terms or any other terms or policy that you have agreed;
  11. you will not commit unauthorized use of the Portal and its systems, including but not limited to unauthorized entry into PayKosh's systems, misuse of passwords, misuse of any information posted to a site, or interfere with or circumvent the security features of the Portal or any related website, other websites, or the internet;
  12. you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Portal or the Services, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique; or
  13. you will not or attempt to modify, adapt, translate or reverse engineer any part of the Portal or re-format or frame any portion of the pages of the Portal.
2. On the Portal, you will not upload, display, share, host, publish or transmit any information that:
  1. belongs to another person and to which you do not have a right to such information;
  2. is harmful, offensive, harassing, obscene, pornographic, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
  3. infringes any patent, trademark, copyright or any other proprietary rights;
  4. harms minors in any way;
  5. any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services);
  6. information that deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature;
  7. impersonates another person;
  8. information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
  10. violates any law for the time being in force in India.
3. You acknowledge and agree that PayKosh is entitled to remove any information on the Portal that is in contravention of these Terms, or applicable law
Proprietary rights.
1. Portal: As between PayKosh and Customer, all rights, title and interest in the Portal and any other materials furnished or made available on the Portal, and all modifications and enhancements thereof, and all suggestions, ideas and feedback proposed by Customer regarding the Portal, including all Intellectual Property Rights (defined below) in each of the foregoing, belong to and are retained solely by PayKosh and its licensors and providers (as applicable).
2. Feedback: Customers do and will irrevocably assign to PayKosh all evaluations, ideas, feedback and suggestions made by Customer to PayKosh regarding the Portal (collectively, "Feedback") and all Intellectual Property Rights in the Feedback, on a worldwide, unconditional, royalty-free, irrevocable and perpetual basis. Where the foregoing assignment is prohibited by law, Customer grants PayKosh an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback, as PayKosh may determine in its sole discretion. Customer waives and agrees never to assert any rights that by applicable law cannot be assigned/transferred including personal rights or moral rights relating to any Feedback, against PayKosh.
3. Customer data: As between PayKosh and Customer, all right, title and interest in: (i) the Information, (ii) other information input into the Portal by Customer or its authorized users ("Other Information"), and (iii) all Intellectual Property Rights in each of the foregoing, belong to and are retained solely by the Customer. Information and Other Information are collectively referred to as "Customer Information". Customer grants to PayKosh a limited, non-exclusive, royalty-free, worldwide license to use the Customer Information and perform all acts with respect to the Customer Information, as may be necessary for PayKosh to operate, maintain and improve the Portal or provide the Services to Customer, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify and distribute the Other Information as a part of the Aggregated Statistics (defined below). Customer is solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of all Customer Information. To the extent that receipt of the Customer Information requires PayKosh to utilize any account information from a third party service provider, Customer will be responsible for obtaining and providing relevant account information. PayKosh agrees to access and use the Customer Information solely for Customer’s benefit and as set forth in these Terms or the Privacy Policy.
4. Aggregated statistics: Notwithstanding anything else in these Terms, PayKosh may monitor Customer’s (including the authorized users) use of the Portal and the Services and use data and information related to such use and Customer Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Portal and the Services ("Aggregated Statistics"). As between PayKosh and Customer, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by PayKosh. Customer acknowledges that PayKosh will be compiling Aggregated Statistics based on Customer Information and Information input by other customers into the Portal. Customer agrees that PayKosh may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify Customer.
5. The term "Intellectual Property Rights" means all intellectual property rights or similar proprietary rights, including: (i) patent rights and utility models, (ii) copyrights and database rights including moral rights, (iii) trademarks, trade names, domain names and trade dress and the associated goodwill, (iv) trade secrets, and (v) industrial design rights; and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
Indemnity.
1. You, at your expense, will defend, indemnify and hold harmless, PayKosh, its affiliates, licensees and its officers, directors, agents and employees from and against all claims, demands, damages, losses, costs and expenses, including attorneys’ fees and costs, arising from or relating to: (i) your use or misuse of the Portal or Services; (ii) any claims from any third-party as a result of or in connection with your use of the Portal or the Services; (iii) any violation by you of the Terms; (iii) improper or fraudulent Information provided by you or misuse of the Information; (iv) incorrect information that belongs to an unrelated third party provided by you; or (v) any breach of the representations, warranties, and covenants made by you.
2. PayKosh reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify PayKosh, including rights to settle, and you agree to cooperate with PayKosh for such defence and settlement. PayKosh will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. Customer may, at its own expense, engage separate counsel to advise Customer regarding a claim and to participate in the defence of the claim, subject to PayKosh’s right to control the defence and settlement.
PayKosh’s disclaimers and limitation of liabilities.
1. The disclaimers and limitation of liabilities of PayKosh provided at: https://paykosh.com ("PayKosh Disclaimers") will be treated as part of these Terms. you undertake that you will carefully read the PayKosh Disclaimers and will strictly comply with it .
2. Your use of the Portal will be at your sole risk. The Portal has been provided on an "as is" and "as available" basis.
3. You agree that PayKosh, its affiliates and their respective directors, officers, employees, agents and representatives will in no way be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses, or any loss of revenue or profits arising under, relating to or resulting from:
  1. your access to the Portal and availing the Services;
  2. your violation of the Terms (including the Privacy Policy);
  3. your violation of any third party rights, including Intellectual Property Rights of any third-party;
  4. use or inability to use the Portal or Service;
  5. any claims from any third parties resulting from or in connection with your use of the Portal or the Services; or
  6. any data, information or Services purchased or obtained or messages received or transactions entered into, through or from the Portal.
4. PayKosh makes no warranty that:
  1. Portal or Services will meet your requirements;
  2. Portal will be uninterrupted, timely, secure, or error-free;
  3. results that may be obtained from the use of the Portal will be accurate or reliable; or
  4. quality of Services purchased by you or information obtained by you through the Portal will meet your requirements or expectations.
5. Although PayKosh adopts security measures it considers appropriate for the offer of its services, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to Your Account. PayKosh will not be responsible or liable if any unauthorized person hacks into or gains access to Your Account.
6. PayKosh will not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including as a result of loss of data, interruption or stoppage to your access to or use of the Portal or Services, hacking or unauthorized access to the PayKosh Portal or Services.
7. Any material/information downloaded or otherwise obtained through the use of the Portal or Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system 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 PayKosh or through or from the use of Services or Portal will create any warranty and PayKosh will have no liability in this respect.
8. PayKosh’s sole obligation and your sole and exclusive remedy in the event of interruption in Services or loss of use or access to Services, will be to use all reasonable endeavours to restore the Services.
9. PayKosh’s obligations under these Terms are subject to following limitations:
  1. messages that originate from you are deemed to be authorized by you and PayKosh will not be required to check its veracity and PayKosh will not be liable for processing such messages;
  2. PayKosh will not be responsible for the security of data residing on the server of any third party or on the server of a Customer (i.e. you in the present instance) or a third party designated by you (e.g., a host); and
  3. PayKosh will have no liability for any failure or delay in performing its obligations under these Terms if such failure or delay: (i) results from actions taken by PayKosh in a reasonable good faith to avoid violating a law, rule or regulation of any governmental authority or to prevent fraud on accounts; or (ii) is caused by circumstances beyond PayKosh’s control, including but not limited to vandalism, hacking, theft, phone service disruptions, internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of force majeure event.
10. PayKosh does not make, and hereby disclaims, any and all other express, statutory and implied representations and warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, title, quality, suitability, operability, condition, system integration, non-interference, workmanship, truth, accuracy (of any data or information), absence of defects.
Miscellaneous.
1. Grievance Redressal: Any complaint, dispute or grievance in relation to the Portal should be addressed to PayKosh, in accordance with the PayKosh’s Grievance Redressal Policy. Such complaint, dispute or grievance will be handled as per the PayKosh’s Grievance Redressal Policy.
2. Governing law and disputes resolution.
  1. These Terms will be governed by and construed in accordance with Indian laws.
  2. If a dispute arises between you and PayKosh, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you to first contact PayKosh at https://paykosh.com to try resolving your problem directly with us.
  3. If the parties are unable to resolve any dispute amicably within 30 days of the notice of such dispute, the dispute will be subject to the exclusive jurisdiction of the high court in Rajasthan, India.
3. Changes to these Terms: PayKosh may change these Terms from time to time. If PayKosh makes any changes to these Terms that it deems to be material, PayKosh will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Terms posted to the Portal from time to time to see if it has been changed. The updated version of these Terms will supersede the current version and such updated version will be immediately effective upon being posted on the Portal. The continued use of the Portal following the notification of modification of the Terms or after being updated on the Portal will be construed to mean the acceptance of the said modified Terms.
4. Transferability: These Terms, or any right or interest herein, will not be assignable or transferable by you without the prior written consent of PayKosh. Rights and obligations of PayKosh under these Terms are freely assignable to any Affiliates, and/or in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
5. Entirety of the Terms: These Terms makes up the entire Terms between PayKosh and you regarding the subject matter hereof and supersede any prior Terms.
6. Severability: If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
7. No waiver: If PayKosh fails to enforce any part of these Terms, it will not be considered a waiver.
8. Conflict: In case of any conflict between the General Terms and the Terms of Service, the Terms of Service will control/prevail.