TERMS AND CONDITIONS

Last Updated on 25th May, 2021

These Terms of Use, read with the Privacy Policy, are an electronic record under the Information Technology Act, 2000, and the rules made thereunder and the amended provisions pertaining to electronic records under various statutes as amended by the Information Technology Act, 2000 and is enforceable against You (as defined hereinafter) under law by way of your acceptance hereof. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of domain name www.OxiPay.in (“Website”), including the related mobile site, domains, sub-domains and mobile application (hereinafter collectively referred to as “Platform”), as owned and operated by Vinayak Enterprise.

Your use of the Platform and services provided through the Platform (“Services”) are governed by the following terms and conditions ("Terms of Use") including any terms and policies which are incorporated herein by way of reference along with any amendments / modifications made by OxiPay at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of the Services. These Terms of Use are a binding legal agreement between You and OxiPay (both terms defined below) and come into effect when You register for a OxiPay Account or upon Your usage of the Platform and/or any Services.

For the purpose of these Terms of Use, wherever the context so requires "You" (with the term “Your” or “Yourself” being construed accordingly) or "User" shall mean any natural or legal person who registers for creation of an account with OxiPay (“OxiPay Account” or “Account”) or surfs the Platform or makes any transactions without registering on the Platform. Unless explicitly mentioned hereunder, the term “OxiPay”, "We", "Us", "Our" shall mean “OxiPay – Recharge and Bill Payments services”, owned and operated by Vinayak Enterprise

Our Services are very diverse and additional terms or product requirements shall apply to certain Services. These Terms of Use are in addition to and not in derogation with terms and conditions of any other Service provided by OxiPay either individually or by affiliates of OxiPay (“Affiliates”) or by third parties. Thus, when You use any of the Services provided by Us through the Platform, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Services, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part of these Terms of Use. If there is a conflict between these Terms of Use and the additional terms, the additional terms will supersede these Terms of Use.

Please read these Terms of Use carefully before You use the Platform and/or any Services. We reserve the right, at Our sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

I. Eligibility:

The Platform and/or the Services should only be used or accessed by persons who are competent to enter into a legally binding contract under the Indian Contract, 1872. If You are a minor (i.e. You are under the age of 18 years), You may use the Platform or Services only with the involvement of Your parent or guardian. Additionally, by agreeing to these Terms of Use, You represent that You are an Indian resident and have a valid and subsisting right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions contained herein. You also undertake that You are not impersonating any person or entity, or falsely stating or otherwise misrepresenting identity, age or affiliation with any person or entity. OxiPay reserve the right to terminate Your account and / or refuse to provide You with access to the Platform if it is brought to Our notice or if it is discovered that You do not qualify the eligibility criteria provided herein.

II. Registration and Your OxiPay Account:

You agree and understand that You are responsible for maintaining the confidentiality of the Account information i.e., Your password which, together with Your e-mail address (“User ID”), allows You to access the Platform. This User ID and password, together with any mobile number or other information You provide form Your "Registration Information." You agree to:

provide only current, accurate and complete information about Yourself in the course of registering to use the Services and
maintain and promptly update the Registration Information, as necessary, to keep it true, accurate, current, and complete at all times. If You provide any information that is untrue, inaccurate, not current, or incomplete, or there are grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate Your Account and refuse any and all current or future use of the Services (or any portion thereof) and You will not have any cause of action against Us for such suspension or termination of Your Account. You agree that OxiPay shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under Your OxiPay Account in cases, including, where You have failed to update Your Registration Information including Your revised mobile phone number and/or e-mail address on the Platform.
If You share or allow others to have access to Your OxiPay Account, by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom. You may be held liable for losses incurred by OxiPay or any other User of or visitor to the Platform due to authorized or unauthorized use of Your OxiPay Account as a result of Your failure in keeping Your Account information secure and confidential or otherwise.
All information and instructions received from Your OxiPay Account will be deemed to have been authorized by You and the recipients of this information shall rely on its authenticity based on the use of Your password. You will be responsible for all actions taken by anyone accessing the services using Your username and password/one time password (OTP).
In the event of any dispute between two or more parties as to ownership of a particular OxiPay Account, You agree that OxiPay will be the arbitrator of such dispute. OxiPay’s decision. (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.

III. Verification of Information:

You understand that when You access or use the Platform or Services, We may share some or all of the information You provide with the third parties and other statutory, regulatory, and governmental authorities. By accepting these Terms of Use, You authorize OxiPay to request for supplemental documentation at any time (before or after Your OxiPay Account has been activated), in order to verify Your identity, and the accuracy of the information provided. If We cannot verify that the Registration Information is accurate and complete, We may deny Your use of the Platform and Services, or close Your OxiPay Account at any time.

IV. Ownership:

You acknowledge and agree that the Platform, the Services, including without limitation any content available on the Platform and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and will remain, the property of OxiPay and its licensors, as applicable. All content related to OxiPay’s corporate and business activities, whether embedded in the Platform or otherwise, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of OxiPay or its licensors and is protected by applicable laws. The compilation (meaning the collection, arrangement, and assembly) of any and all content on the Platform and Services is also the exclusive property of the OxiPay and is protected by applicable laws.

All software used on the Platform and the Services is the property of OxiPay or its licensors / software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms of Use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Platform or the Services is strictly prohibited. All graphics, logos and service names are trademarks of OxiPay or its affiliates. Our trademarks should not be used in connection with any product or service without obtaining authorization from OxiPay, in any manner that is likely to cause confusion among Our customers, or in any manner that disparages or discredits OxiPay. The logos and trademarks of third parties on the Platform belong to respective third parties / brands.

V. License and Restrictions:

Compatible Mobile Devices and Third-Party Carriers: We do not warrant that the Platform and/or Services will be compatible with Your mobile device or carrier. Your use of the Platform and/or Services may be subject to the terms of Your agreements with Your mobile device manufacturer or Your telecom carrier. You may not use a modified device to use the Services if the modification is contrary to the device manufacturer's software or hardware guidelines, including disabling hardware or software controls.
Subject to these Terms of Use, OxiPay grants You a limited, personal, non-assignable, non-transferable, non- exclusive, revocable, and non-sublicensable license to use and/or access the Platform and Services for such legitimate purposes that the Platform and Services intend to You will be entitled to download and use any updates that We may make to the Platform and Services, subject to any additional terms, Weas and when these updates available. The license granted herein is revocable at any time and will continue until such time, when You cease to use or access the Platform and/or Services or Your use or access to the Platform and/or Services is terminated by Us.
You may not, nor may You permit any third party, directly or indirectly, to:

access or monitor any material or information on the Platform or Services or any associated system using any manual process or robot, spider, scraper, or other automated means;
work around, bypass, or circumvent any of the technical limitations of the Platform or Services, use any tool to enable features or functionalities that are otherwise disabled in the Platform or Services, or decompile, disassemble, or otherwise reverse engineer the Platform or Services or otherwise exploit them for any commercial purpose;
perform or attempt to perform any actions that would interfere with the proper working of the Platform or Services, prevent access to or use of the Services by Our other customers, or impose an unreasonable or disproportionately large load on Our infrastructure;
copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, or distribute in any way material, information, or Services;
post or transmit any file which contains viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the services;
use and benefit from the Platform and Services via a rental, lease, timesharing, or other arrangement;
downloading (other than page caching) of any portion of the services or any information contained therein, except as expressly permitted by Us
transfer any rights granted to You under these Terms of Use;
use the Platform and Services for the sale of firearms, firearm parts, ammunition, weapons, or other devices designed to cause physical harm;
use the Platform and Services for any illegal activity or goods or in any way that exposes You, other users, Our partners, or OxiPay to harm; or
otherwise use the Platform or Services except as expressly allowed under these Terms of Use.

If We reasonably suspect that Your OxiPay Account has been used for an unauthorized, illegal, or criminal purpose, We may terminate or suspend Your OxiPay Account. Additionally, You give Us express authorization to share information about You, Your OxiPay Account, and any of Your transactions with law enforcement bodies and officials.

VI. Privacy Policy:

Please read Our Privacy Policy to understand Our practices which governs Your use of the Platform and Services. Any information (including Your personal information and/or sensitive personal data or information) provided by You on the Platform will be collected, stored, processed by Us in accordance with Our Privacy Policy. These Terms of Use are deemed to incorporate the Privacy Policy posted on this Website and accessible/embedded in the mobile application.

OxiPay / Vinayak Enterprise ("We") will not sell, share or rent Your personal information to any 3rd party or use Your email address/mobile number for unsolicited emails and/or SMS. Any emails and/or SMS sent by OxiPay will only be in connection with the provision of agreed services & products and this Privacy Policy. Periodically, OxiPay may reveal general statistical information about OxiPay & its users, such as number of visitors, number and type of goods and services purchased, etc. OxiPay reserves the right to communicate Your personal information to any third party that makes a legally compliant request for its disclosure.

VII. Your Content:

The Services may include functionality for uploading or providing suggestions, recommendations, feedback, photos, documents, and other materials or information ("Content"). You will not host, display, upload, modify, publish, transmit, update or share any Content through the Platform or Services that: (a) belongs to another person and to which the user does not have any right to, (b) 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; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) 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; (j) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (k) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (l) breaches or infringes any rights of any person or entity, including rights of privacy or intellectual property; (m) contains corrupted data or any other harmful, disruptive, or destructive files; (n) in Our sole judgment, is objectionable, or which may expose OxiPay and its Affiliates or its customers to harm or liability of any nature.

VIII. Single-Sign-On Services:

OxiPay offers a Single-Sign-On Service (“SSO Service”) which permit Users to use the login credentials of his/her OxiPay Account to access all web pages and online platforms operated by OxiPay (hereinafter the “Participating Platforms”) with single log-in access / data, without going through a separate registration process every time. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the Users with the respective Participating Platforms and Services offered thereto, for which the SSO Service can be used in accordance with these Terms of Use, these Participating Platforms and Services may alternatively have their own terms and conditions which shall be available on the respective Participating Platforms. In order to be able to use the SSO Service, You must have a OxiPay Account. You are permitted to set up only one OxiPay Account.

In-App Services: OxiPay facilitates purchase of and/or payments with respect to certain Services offered by third parties who have partnered with OxiPay to enable payments with respect to their services to be made through the Platform such as utility payments with respect to prepaid recharges for mobile, postpaid mobile bills, DTH bills, electricity, gas , insurance premiums etc. In addition, We provide value added services such as bill presentment, bill reminders, and transaction history for transparency of transactions, etc. (“In-App Services”). By choosing to use In-App Services, You understand that OxiPay nor its Affiliates assumes no liability for the actual deliver of the products and/or services with respect to which payments are being made using the In-App Services. All obligations with respect to the delivery of products and/or services will be solely that of the third party service provider and not of OxiPay. Further, all payments made using In-App Services shall be final. Such transactions cannot be refunded, returned, or cancelled once initiated.

Specific terms and conditions with respect to certain In-App Services are as provided below:

a. Recharge/Bill Payment Services:

Description of Bill Payment Service: OxiPay provides third party payment services that allow You to make payments to certain third party service providers such as telecom recharges, payment of municipal dues, insurance premiums, etc. (“Bill Payment Services”). To be eligible to use the Bill Payment Services, You must be a resident of India. In order to use the Bill Payment Services, You may be required to provide Us with Your account information with billers You would like to make payments to (such as Your customer account number or customer ID) and any information necessary for Us to access Your accounts and bill/plan details with such billers (such as phone number, email address, etc.) ("Bill Payment Account Information"). By using the Bill Payment Services, You expressly authorize OxiPay to store, use and access the Bill Payment Account Information, on Your behalf solely for the purpose of providing the Services to You. As a risk management measure, OxiPay reserves the right not to process transactions which OxiPay in its sole discretion determines to be high risk, suspicious or fraudulent in any manner. You understand and agree that You are responsible for the accuracy of the information You provide with respect to each payment request You make, including the Bill Payment Account Information, telephone number, the amount of the transaction, etc.
Scheduling Your payments: Payment posting times will vary depending upon the biller You select. When OxiPay receives a payment instruction, You authorize Us to send instructions to payment system providers to debit Your card/ bank account/prepaid account/card and remit payments to billers on Your behalf. Payments are subject to the policies and procedures of billers. We are not liable for processing delays by the biller, nor are We liable if You fail to schedule payment dates in a timely manner.
Late charges: You are solely responsible for paying any and all late charges and penalties levied by a biller.
Payment history: OxiPay does not send periodic statements showing Your bill payment history. You may access information about Your bill payment requests using the Platform. You should also confirm Your bill payment requests against any statements or payment records provided by the biller and Your payment source.
Failed Transactions: In case of prepaid payments, if money has been charged to Your card or bank account or pre-paid payment instrument and the service is not delivered by the service provider within 48 hours of the completion of the transaction, You may inform Us regarding the same by sending an email to support@OxiPay.in or reaching out to us through the Help and Support section. Please include the transaction details such as the biller name, account number/mobile number, payment value, transaction date and order number. Upon investigation if it is found that money has been charged to Your card or bank account or pre- paid payment instrument and the service has not been delivered, the transaction amount will be refunded back to source within 21 working days from the date of receipt of Your email /Dispute Ticket.

IX. Our Fee:

You understand that You may be charged a fee with respect to Your use of the Platform or Services. Further, We may also charge a fee with respect to certain optional valued added services that You elect to use. The amount of the fee will be displayed to You on the payment page. You agree to pay all such fees and charges as may be applicable to the Services You use and authorize Us to add the fee to the amount of the bill payment You request or bill You separately for such fees. You agree and accept that We reserve the right to change the fee structure from time to time.

X. Cashback / Commission:

Cashback / Commission received by the customer with respect to transactions made through Platform or using Services including any In-App Services (including Cashback received as a Commission), shall be in the form of virtual amount. You understand and acknowledges that the Cashback / Commission cannot be exchanged for its value in cash, either in full or in part. You further acknowledge that the value stored in the Cashback /Commission cannot transferred in any manner whatsoever.

XI. Freefund Code:

This code entitles the customer to receive Cashback upon redemption (“Freefund Code”). The customer understands that the Freefund Code is not a prepaid payment instrument. The validity of a Freefund Code shall be as determined by OxiPay and conveyed to the customer at the time of issuance of the Freefund Code.

XII. Payments:

All payments made through the Platform and/or with respect to Services availed shall be compulsorily in Indian Rupees. You understand and acknowledge that when You use any of the payment method/s available on the Platform for availing the Services, OxiPay Entities shall not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

Lack of authorization for any transaction(s), or
Exceeding the preset limit mutually agreed by You and between bank/s and/or other institutions used by You in making payment, or
Any payment issues arising out of the transaction, or
Rejection of transaction for any other reason(s) whatsoever.

XIII. Refunds:

In case any amount is transferred, or payment is made by You to any third party through the Platform or Services, OxiPay shall not be liable to refund such amount to You under any circumstances. If You erroneously send a payment to the wrong party or send a payment for the wrong amount (for instance a typographical error at Your end), Your only recourse will be to contact the party to whom You have sent the payment and ask them to refund the amount. OxiPay will not reimburse You or reverse a payment that You have erroneously made.

XIV: Communication:

OxiPay, our agents, representatives, executives and affiliates may communicate with you through e-mail, SMS, telephone, calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, by posting notifications on the platform (including push notifications) or any other means of communication. by using the platform, You consent to receive such communications from OxiPay in relation to the platform and/or services, your OxiPay account information, or any updates/ changes to the platform/ services and/ or other promotional or marketing communications from OxiPay and its affiliates.

XV. Disclaimer of Warranties:

You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, your use of the platform or services is at your sole risk and discretion. The platform is licensed to you "as- is," "with all faults," and "as available." you bear the risk of using it. OxiPay and/ or its affiliates gives no express warranties, guarantees, or conditions under or in relation to the platform or services. OxiPay and/ or its affiliates exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non- infringement.

OxiPay makes no warranty against and will not be liable or responsible for: (a) interference of your enjoyment of the platform or services; (b) losses or damages including any personal injury arising from or in any way related to your access or use of the platform and/ or services; (c) use of any content posted, transmitted, or otherwise made available through the platform and/ or services; (d) failure, suspension or withdrawal of all or part of the platform and/ or any service at any time; (e) any bugs, viruses, or the like which may be transmitted to or through the platform or services; (f) functional, uninterrupted, error-free or bug-free delivery of the platform and/ or services; (g) security, reliability or timeliness of the platform and/ or services. Any content or material downloaded through your use of the platform and/ or services is at your own discretion and risk and you will be solely responsible for any damage or loss of data occurring on your device or any other loss or damages of any kind resulting from the download and use of the platform and/ or services. No advice, course of conduct or information, whether oral or written, obtained by you from OxiPay or any party or Through the platform and/ or services will create any warranty unless expressly stated in these terms.

Whilst OxiPay will undertake all reasonable efforts and due diligence to ensure security and integrity, OxiPay will, in particular, not be liable for the following: delay or errors in transmission and/ or storage of information to or through OxiPay that might occur from time to time intrusion, distortion, loss or forgery of data, etc. due to act of any third party, failure of any software and/or hardware or telecommunication service provider(s) used by OxiPay or you or any other act beyond our reasonable control. You will be liable for any consequences whatsoever resulting from anything transmitted or caused to be transmitted by you, to or through the platform and/or services.

The platform and services are controlled and operated from and in India. We make no representations that the services are appropriate or available for use in other locations. Those who access or use the services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian laws, rules, regulations, guidelines including but not limited to export and import regulations and RBI regulations. You should not use the service if you are a resident of a country embargoed by India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the services are solely directed to individuals, companies, or other entities located in India.

XVI. Termination

Our Right: We reserve the right, without notice and in Our sole discretion, to terminate Your access to, and use of, of the Platform and Services and to block or prevent Your future access to, and use of, the Platform and/or the Services. Upon termination, You must uninstall any copies of the Services from Your computer and/or mobile or other devices. We will not be liable to You for the termination of the services or for any consequence arising out of termination of the services.
Your Right: You may terminate these Terms of Use by closing Your OxiPay Account at any time. Upon closure of a OxiPay Account, any pending transactions will be cancelled.
Termination for Force Majeure: We will have the option to suspend or terminate these Terms of Use and the discontinue any Services with immediate effect on the occurrence of a force majeure event.

XVII. Effect of Termination:

We will not be liable to You for compensation, reimbursement, or damages in connection with Your use of the Platform or Services, or any termination or suspension of the Services. The termination of these Terms of Use does not relieve You of obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by You to Us, and/or Our partners and service providers under these Terms of Use or terms with respect to any Services offered through the Platform.

XVIII. Indemnification:

You agree to indemnify, defend and hold harmless OxiPay, its Affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) Your access to or use of the Platform and Services; (ii) any breach of these Terms of Use or rules and/policies of any payment system providers; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) fraud, negligence or misconduct by You individually or in connivance with any third party; (vi) Your wrongful or improper use of the Platform and/or the Services. These obligations will survive termination of these Terms of Use.

XIX. Limitation of Liability:

To the maximum extent permitted by applicable laws, under no circumstance will OxiPay or its Affiliates, employees or agents be liable to You or any third party for personal injury, or any special, incidental, indirect, punitive, exemplary or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup Your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of or inability to use the Platform and/or Services, including without limitation any damages caused by or resulting from reliance by You on any information obtained from Us or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Our records, programs or services; or following a failure, suspension or withdrawal of all or part of the Platform at any time, any third party content, software or functions used in connection with the Platform even if OxiPay or any or all of its agents have been advised of the possibility of such damages.
In addition, We shall not be liable for errors You make in using the Platform and Services, including the following:
You erroneously direct Us to submit a payment instruction multiple time;
You direct Us to process payment for the wrong amount;
You direct Us to submit a payment instruction for a wrong party; or
You provide Us with incorrect or incomplete information.

Any of the above issue(s) needs to be taken up directly with the payee.

You understand and acknowledge that We do not have control of, or liability for, the goods or services that are paid for via Service(s).
Your liability: Except as otherwise provided by law, You will be liable for any loss or damage resulting from Your breach of these Terms of Use or Your negligence, or which resulted from unauthorized, fraudulent, or dishonest acts by others (other than Us). You are liable for all payments that You make, or which are made or requested under Your OxiPay Account, even if that payment is unauthorized.
Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply. You agree that, if You are dissatisfied with the Services or any portion thereof, Your exclusive remedy shall be to stop using the Services.

XX. Governing Law, Jurisdiction and Dispute Resolution: These Terms of Use will be governed by and construed in accordance with the laws of India. You agree that any legal action or proceedings arising out of these Terms of Use may be brought exclusively in the competent courts/tribunals having jurisdiction in Mehsana (Gujarat) in India and irrevocably submit themselves to the jurisdiction of such courts / tribunals. If any dispute, controversy, or claim arises under these Terms of Use or in relation to any Service or the Platform, including any question regarding the existence, validity, or termination of these Terms of Use (hereinafter “Dispute”), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the dispute amicably within 30 days of the notice of such dispute, OxiPay may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter “Act”). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Mehsana and the language of this arbitration shall be Gujarati / English. Either You or OxiPay may seek any interim or preliminary relief from a court of competent jurisdiction in Gujarat necessary to protect the rights or the property belonging to You or OxiPay (or any of Our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor OxiPay may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and OxiPay. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of these Terms of Use.

XXI. No Obligation for Maintenance:

OxiPay has no obligation to monitor the functioning of the Platform. However, You acknowledge and agree that OxiPay has the right to monitor the functioning of the Platform electronically or otherwise from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Platform properly or to protect itself or its service providers, alliance partners, visitors, Users. OxiPay reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the Terms of Use.

XXII. No Agency:

These Terms of Use and Your use of or access to the Platform are not intended to create an agency, partnership, joint-venture or employer-employee relationship between You and the Platform, OxiPay, any partner, except where otherwise specifically agreed or appointed.

XXIII. Third Party Services and Links to Other Web Sites:

We may display third party content or advertisements through the services and may provide links that will take You to web pages and content of third parties that are not under Our control (collectively, "Third Party Content"). We make no representation, warranty, promise or guarantee whatsoever concerning any aspect of any Third Party Content, including without limitation regarding its accuracy or completeness. You agree that Your use of all Third Party Content is entirely at Your own risk. We provide Third Party Content solely as a convenience to You, and the provision of such a link is not an endorsement by Us of any aspect of the Third Party Content. You acknowledge and agree that We are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review any Third Party Content. Please remember that when You use a link to go from Our Platform to another website, Our Privacy Policy is no longer in effect. If You browse and interact on any other website, including those that have a link on Our Platform, this will be subject to that website's own rules and policies.

XXIV. Assignment:

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred, or assigned by You. We may assign, in whole or in part, the benefits or obligations of these Terms of Use. We will provide an intimation of such assignment to You, which will be binding on the parties to these Terms of Use.

XXV. Force Majeure:

We will not be liable for failure to perform under these Terms of Use as a result of any event of force majeure including but not limited to acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or state, central governments, change in laws, rules, and regulations, affecting Our and/or the payment system providers performance.

XXVI. Waiver:

Unless otherwise expressly stated in these Terms of Use, the failure to exercise or delay in exercising a right or remedy under these Terms of Use will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under these Terms of Use will prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

XXVII. Survival of Provisions:

These Terms of Use by their nature and content are intended to survive the performance hereof by any or all parties hereto and will so survive the completion and termination of this Terms and Conditions.

XXVIII. Severability:

If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.

XXIX. Waiver:

If You breach these Terms of Use and OxiPay takes no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms.

XXX. Non-Exclusivity:

It is agreed and clarified that these Terms of Use are being executed on a non-exclusive basis and the Parties are at liberty to enter into similar terms and agreements with others.

XXXI. Grievance:

In the event You have any queries/complaints regarding usage of Platform and/or Services, please contact support@OxiPay.in The complaints will be redressed in the manner provided under the Information Technology Act, 2000 and rules framed thereunder and Our Grievance Redressal Policy.

XXXII. Notices:

All notices, requests, demands, waivers, and other communications required or permitted to be given under these Terms and Conditions will be in writing and to be sent to the following email address:

Email: support@OxiPay.in

For You:

To the name and email address provided at the time of registration.

Or, in each case, at such other address as may be specified in writing to the other parties in accordance with the requirements of this clause. All such notices, requests, demands, waivers, and other communications will be deemed duly given

if by personal delivery, on the day after such delivery,
if by certified or registered mail, on the second day after the mailing thereof,
if by courier service or similar service, on the day delivered, or
if emailed, on the day following the day on which such email was sent, provided that a copy is also sent by registered mail.

XXXIII. User Guidelines:

In consideration for granting you the rights hereunder, you hereby agree not to use the Platform for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these Terms of Use and our Privacy Policy. You shall not use the Platform in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any of Our server, or interfere with any other party's use and enjoyment of the Platform. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks connected to any OxiPay server, in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Platform.
The Platform is made available to you for your own personal and non-commercial use alone. You shall not allow third parties to: (i) make and/or distribute copies of the Platform or any deliverable generated by the Platform; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Platform; and/or (iii) create derivative works of the Platform.
You accept that any and all operations emanating from your device shall be assumed to have been initiated by you.
You shall not copy, reproduce, distribute, or create derivative works of our content that is available on the Platform. Also, you shall not reverse engineer or reverse compile our technology that is available on the Platform, including, without limitation, such Java applet, as may be associated with the Platform from time to time.
You shall request OxiPay, to block the Account and change the passcode immediately for the Account, if your device has been lost or stolen.
You are responsible for any and all activities that occur in your Account. You agree to notify OxiPay immediately of any unauthorized use of the Account or any other breach of security. OxiPay shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform OxiPay within a reasonable time, about loss or theft of your device and/or any unauthorized access in your Account, either with or without your knowledge.
You shall be liable for losses incurred by OxiPay or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and OxiPay.
OxiPay shall make all reasonable efforts to ensure that your information is kept confidential. However, OxiPay shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the device due to theft, negligence, or failure on your part to practice safe computing.
You shall ensure that while using the functions and features, all prevailing and applicable laws, rules, and regulations, shall at all times, be strictly complied with by You and OxiPay shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
You understand and acknowledge that upon using the Product, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Platform, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESSES AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
You must not share Your account details/ credentials/ passwords/ links/ One Time Password (OTP) with anyone even if the person claims to be a OxiPay or any Bank employee, Customer Care employee, Agent, any KYC agent, RBI Official, Income Tax Officer or even someone who wishes to pay you by asking your password/OTP.

XXXIV. Warranties:

The Platform and the functions and features therein are provided on an "as is" and on an "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We shall make reasonable efforts to make available the Services and the Services at all times. However, we make no warranty that the Platform and the Services shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
We shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond our control including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
Any material downloaded or otherwise obtained through the Platform is done at your own discretion and risk and you are solely responsible for any damage to your device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the service will create any warranty not expressly stated in these Terms of Use.