In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The Website/App “www.PayFastIndia.com” (hereinafter referred to as ‘Website/App’) owned by Pay Fast India Pvt. Ltd, a Company incorporated under the Companies Act, having its registered office at Pay Fast India Pvt. Ltd., C-27, 3rd floor, Pili Kothi, M B Road, New Delhi, represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
For the purpose of these Terms of Service, along with any amendments to the same, and wherever the context so requires
"You" or "User" shall mean any natural or legal person who has agreed to become a user of the Website/App. The Website/App also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship.
"We", "Us", "Our", ‘Company’ shall mean Pay Fast India Pvt. Ltd;
“Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.
“Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Company.
The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website/App or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website/App is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
ABOUT US AND HOW WEBSITE OPERATES
The Website/App acts as a platform that provides the customers with recharge facilities. The Website/App provides online connection booking facility for CableTV and broadband services, recharge facility for mobile, DTH, Data card, Cable TV & Broadband bill payments and other utility bill payment facilities along with customer management portal for local cable TV and broad band services. It is a subscribers, revenue and service management portal. Website/App makes the payment easier and simpler by providing an option of wide range of payment facilities and not restricting itself only towards recharge of mobile phones. The partners can track the real time location of their employees/collection boys using the Website/App. The Users mobile number or email Id shall act as user name on the Website/App.
If a customer wants to avail services of the Website/App and use it, registration is required. The User may complete the registration by linking either their Facebook or Google accounts or sign up. As a part of the registration, we collect basic information such as your name, gender, date of birth, email address, contact number, password, city, state, country, Credit Card information, Government ID card number, other billing Information, etc.
Membership of this Website/App is available only to those above the age of 18, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website/App, you may do so through Your legal guardian. The Company/Website/App reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website/App or availing any of its services.
Further, at any time during Your use of this Website/App, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or we have reason to believe that You have done so, we hold the right to permanently suspend Your account.
In addition, you may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
ACCOUNT AND REGISTRATION OBLIGATIONS
You must keep your account and registration details current and correct for communications related to your Use of the Website/App. By agreeing to the Terms of Service, the User agrees to receive promotional communication and newsletters from the Company and its partners.
The User can opt out from such communication and/or newsletters either by unsubscribing on the Website/App itself, or by contacting the customer services team and placing a request for unsubscribing.
Users can explore Our Website/App and search from among different categories of the Services. Users shall then have to check out with their cart with all products that they intend to purchase.
The usage of SRSMP Portal costs Rs.1/-* and this includes using the Services of the SRSMP Portal and SRSMP Mobile App as well. We reserve the right to amend this fee policy and alter the charges paid by Users. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
MODE OF PAYMENT
The SRSMP/Merchant Portal is a paid version and the merchant/partner has to pay to use our portal to manage their business. Partners/merchants hereby agree to accept online payment of their monthly subscription through our portal and Payfast will payout the entire amount after deducting TDR on daily working day basis into their registered bank accounts. Partners further agree to pay commission to company for all successfully closed sales request received from company as per mutually decided percentage. Partners SRSMP account can be suspended in case of consecutive non-payment for 2 months.
Further the users acknowledge that the discount of 20% on their first bill payment shall only be available with a plan costing under Rs.500 for Broadband and Rs.250 for Cable tv and maximum discount that may be given shall be Rs.100/- on Broadband bill payment and Rs.50/- on Cable Tv bill payment.
The following payment options are available on the Website/App:
- Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
- Visa & Master Card Debit cards;
- Net banking/Direct Debit payments from select banks.
- Prepaid wallets powered by CC Avenue
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company.
The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To successfully subscribe on the Website/App, the User is required to complete the transaction by making the payment for the services opted for.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website/App, including but not limited to downloading content and availing its service partner’s service.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
- You hereby certify that you are at least 18 years of age.
- You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
- You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website/App, including, without limitation to, any usage rules set forth in this Agreement.
- You are a restricted user of this Website/App.
- You are bound not to modify, recreate, reverse engineer, publish or create derivative works from, transfer, or sell any software obtained from the Website/App. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted.
- You agree not to access (or attempt to access) the Website/App and/or the materials or Services by any means other than through the interface that is provided by the Website/App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App is specifically prohibited.
- In places where this Website/App allows You to post or upload data/information, you undertake to ensure that such
- Material is not offensive and in accordance with applicable laws. Further, you undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of other users;
- Engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website/App);
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, or breach the security or authentication measures on the Website/App or any network connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App, or any other customer of the Website/App, including any Website/App Account not owned by You, to its source, or exploit the Website/App or Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/App;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/Apps or any affiliated or linked sites;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- threatens the unity, integrity, defense, 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.
- Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs"), Telecom Company Partners or any other users / third parties;
We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
All information, content, services and software displayed on, transmitted through, or used in connection with the Website/App, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website/App and solely for your personal, non-commercial use.
You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website/App, not to insert any code or product or manipulate the content of the Website/App in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method.
We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website/App, please contact Us email@example.com.
Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website/App, including for example but not limited to, communication during any registration, you represent and warrant:
You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and
the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited.
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Website/Apps, to include the information in a searchable format accessible by users of the Website/App, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
The Website/App can be used in India. We make no representation that materials or Content available through Our Website/App is appropriate or available for use outside any of the above countries.
If You access or use the Website/App from a country or location apart from those specified above, you are solely responsible for compliance with necessary laws and regulations for use of the Website/App.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website/App and We shall provide a 30 days’ notice before any amendment is made in the existing Agreement. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
The Website/App has no obligation to provide You with a copy of the information You or any other User provides on the Website/App or that the Website/App has accessed.
Further, we reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website/App. Any changes or amendments made in the Agreement shall be updated at the bottom of the Website page.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, We encourage You to frequently open the Website/App to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website/App. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:
Your use or any Third Party’s use via Your account of the Service provided by the Website/App and its Content;
Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
DISCLAIMER OF LIABILITY
The Company will not be responsible for any damage suffered by Users from use of the services on this system. This without limitation includes loss of revenue/data resulting from delays, pricing issues or service interruptions as may occur because of any act/ omission. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
The Website/App is a platform for Users to undertake purchase transactions with third parties. The Company is not and cannot be a party to or control in any manner any transaction between you and the third-party sellers.
In particular, neither the Website/App Owner nor any shareholders/members of the Company shall be liable in any way to You or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any products/services.
User reviews are provided for informational purpose only. User reviews reflect the individual reviewer's results and experiences only and are not verified or endorsed by the Company/ Website/App.
Users may make connection requests anytime from website/mobile app, and we shall forward your connection request to your nearby service provider. Thereafter the service provider will contact you for further procedures and charges. Payfast shall be responsible and/or liable for the same.
User may book new connection requests anywhere within India and it solely depends on your area service provider to provide cable tv or broadband connection. Payfast shall not be responsible and/or liable for the same.
Further we shall show offers of third parties and such offers would be governed by the respective third party’s terms and conditions.
Except as otherwise expressly stated on the Website, all services offered on the Website/App are offered on an "as is" basis without any warranty whatsoever, either express or implied.
a) The User agrees and undertakes that he is accessing the Website/App and transacting at his/her sole risk and that he is using his/her best and prudent judgment before availing any service listed on the Website/App, or accessing/using any information displayed thereon.
b) The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Website/App, written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Users on the Website/App and the Website/App doesn’t make any warranty about the conduct of Users on the Website/App.
c) The Website/App does not guarantee that the functions and services contained in the Website/App will be uninterrupted or error-free, or that the Website/App or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
d) The Website/App may avail services from third party or may provide links for sharing Our content on Facebook or other such third-party websites, this is done to serve you better and these services will be provided on “as is” basis and the Website/App disclaims any liabilities resulting from these third-party services. The Website will not be responsible for any internet delays and damages caused by such problems. We also disclaim all liabilities and take no responsibility for the content that may be posted on such third party websites by the users of such websites in their personal capacity on any of the above mentioned links for sharing and/or listing purposes as well as any content and/or comments that may be posted by such user in their personal capacity on any official webpage of www.PayFastIndia.com on any social networking platform.
e) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism. Users may write a first appeal to the Company’s nodal officer in the event of any dispute.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
Stage 2: Arbitration. In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Delhi. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of Delhi. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
Liability: The Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.