Terms of use

Terms Of Use

The Terms and conditions contained hereinafter (“Terms of Use”) shall apply to the users of the website www.diaspay.in and any other linked pages, products, software’s, API(s), features, content or application services (including but without any limitation to Mobile application) in connection therewith offered from time to time by Diaspay Private limited. (“Diaspay”, or “WE” or “OUR” or “US”) (Collectively “Website”)

By using the said services of Diaspay Private limited you are legally binded by this agreement and if you do not agree to any of the terms listed below then please do not use the platform any further.

Any person logging to or using the website or mobile application of Diaspay Private limited (even when such person does not avail of any services provided in the Website) shall be presumed to have read the terms of use and shall unconditionally and irrevocably accepted the terms of use set herein. The purpose of these terms, the following words and phrases shall have the meaning assigned under this article. Services means the services that shall be provided by Diaspay Private Limited and to the merchants/users. A merchant can receive payments from the customers or other payers or suppliers by

• 01.IMPS/NEFT/RTGS      or
• 02.Credit/Debit cards     or
• 03.Netbanking and      or
• 04.UPI both for collections and payables
• 05.Any other modes of payment through banks that may be accepted by Diaspay from time to time under these Terms

Eligibility

The Website and Services are intended solely for people who can form legally binding contracts under Indian law and who are 18 years of age or older. Any access to or use of the Website or Services by anyone under 18 is expressly prohibited. By using the Website or Services merchant represents and warrants that he is 18 or older and is competent to contract. User also agrees that his customer is similarly competent to contract.

A merchant represents and warrants that he has full power and authority for using the Services and is in strict compliance of all laws. These terms and conditions as accepted by merchant shall be read along with and in addition to any terms and conditions in force from time to time. They will also be read in conjunction with the Privacy Policy.

A merchant may use the Services and this Website only if he accepts and abides by all of the following terms and conditions

Registration

In order to avail the services, merchant must be registered with Diaspay. Merchant shall provide Diaspay with all the necessary documents as per requirements.

By registering with Diaspay, Merchant agrees to provide true, accurate, current and complete information, failing at which, Diaspay may at any time reject merchant’s registration and terminate his right to use or access the Website and/or Services. When merchant registers with Diaspay, a User Account will be created, that is associated with his/her user name, password, and other identifying information. Merchant shall be responsible for any action initiated through their User Account.

Use Of Services

The services may be used by merchants for making and receiving payments from/to third parties.

To enable the merchant to use the services, a link with login credentials will be communicated to the merchant on his mobile phone or email address and the merchant irrevocably and unconditionally accepts sole responsibility for use, confidentiality and protection of said login credentials, including passwords, as well as all orders and information exchange added to the mobile/email account using the same login credentials.

Diaspay Private Limited has no obligation to verify the authenticity of the Transaction other than by means of verification of the merchant’s basic KYC information. The merchant shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the information. Diaspay shall not be liable for any mistake or misuse of the services by either the merchant or by any person authorized by the merchant, or by any person gaining access to the services through the merchant. Merchant agrees that Diaspay accepts all instructions originating from his account in good faith and in a manner consistent with commercially reasonable security standards. Merchant shall indemnify and hold Diaspay harmless for direct or indirect losses sustained as a result of the disclosure of sensitive information by or through Merchant.

On receiving the necessary details from the Banks, Diaspay shall initiate the required payment to merchant/customers as instructed by customer/ merchant.

Confirmation of the transaction performed using valid login credentials shall be conclusive evidence of a transaction being affected. Merchant is responsible to provide Diaspay with the appropriate and current customer information. In the event that the payment is in respect of a purchase of products by the customer, Diaspay does not hold the responsibility to ensure that the purchased products have been duly delivered. In the event, wherein a customer chooses to complain about a transaction, the same should be communicated to Diaspay within 10 (Ten) days of the transaction.

Diaspay is An Intermediary

Please note that any purchase or payment done/received from a user/merchant is a sole agreement between the customer and the merchant (user) on Diaspay platform. The company is merely an intermediary and a platform provider and is no where responsible for any goods/services, authentication or logistical support corresponding to a transaction.

Refunds/ Chargebacks

A Chargeback shall mean a Transaction that is uncollectible and returned to the acquiring bank/ Diaspay by customer or issuing bank for a refund to the concerned customer due to any of the following reasons:

• 01.Any payment which the customer refuses to honor or demands a refund because the      Products purchased or the delivery there of, was not as promised or was defective, deficient, incomplete and/or unsatisfactory for any reason whatsoever, or that payment for the same has already been made.
• 02.Any payments by  a customer using the Services, which is returned by the acquiring bank for any reason whatsoever.
• 03.Any charge/debit arising out of any alleged hacking breach of security or  encryption that may be utilized by Diaspay/customer from time to time.
• 04.Any Transaction that is unsuccessful.

As a result of the rapid nature of movements of funds, once a payment has been initiated through the Services, it may not be possible to retract the same using the Services. If customer wishes to attempt to chargeback/ retract a payment, he must notify his bank and Diaspay immediately and provide all required information. Diaspay cannot however guarantee that the payment will be retracted. It may be possible to charge back/ retract a payment in case of a payment by debit/ credit card, if the instruction is given to customer’s bank and Diaspay within the prescribed time. However, it would not be possible to do so in case of any other mode of payment.

In the event of a Chargeback situation arising in case of any Products purchased by a customer or Payer, for which payment has not yet been made to the merchant by Service Provider, the merchant or Payer shall be advised by Diaspay to resolve the issue with the customer or Service Provider within 45 days and Diaspay shall then settle the payment in accordance with the solution agreed upon by the Parties.

In such event, if the merchant is unable to arrive at a satisfactory resolution of the problem within a period of 45 days, Diaspay/ Service Provider shall be entitled to make a direct credit to the disputing customer’s account for the disputed amount. Such a debit to the customer’s account and the direct credit to the disputing merchant’s account shall not be disputed in any manner whatsoever.

In the event of a Chargeback situation arising in case of any Products purchased by a User/ Payer, for which payment has been made to the Payee/User/Service Provider, the User/ Payer shall be advised to resolve the issue with the Payee/User / Service Provider within 45 days and shall then settle the payment in accordance with the solution agreed upon by the Parties.

Diaspay shall not be responsible to make payments in respect of any Chargeback unless it has received the requisite amount from the concerned acquiring bank/ Service Provider/ Payee/User. In the event of Diaspay receiving a Chargeback amount from the acquiring bank / Service Provider/Merchant, Diaspay is entitled to pass on the amount received to the User/Payer within 7 days of receipt.

In the event that the Parties have agreed that User/ Payer is entitled to Chargeback any Transaction, Diaspay may, at its discretion, give effect to such Chargeback entitlement in any one or more of the following methods:

• 01.Deduction of the relevant amount or any part thereof from any amounts to the Payee
• 02.Billing the concerned Party for the relevant amount or any part thereof.

Settlements

In consideration of the services rendered by Diaspay Private limited, a user/merchant agrees to pay a fee which will be in consideration of all products, platform, APIs and other related financial services that have been listed on Diaspay website and mobile application. Diaspay has a Nodal account as per RBI’s payments and settlements Act, where we will instruct the Nodal bank to transmit the payments payable to the merchant, after deducting our fee, from the Nodal to the merchant bank account in “T” +2 or maximum “T” +3 working days. “T” being the date of transaction. Working days mentioned herewith are bank working days.

Every merchant/user shall receive an invoice from Diaspay private limited with GST details to showcase the fees being levied and charged as per agreement and pricing agreed between the user and Diaspay private limited. In respect of the invoices received by the user/merchant, it is agreed that User pays over applicable taxes under the Indian Income Tax laws and furnishes to us the TRACES certificate in respect of such taxes paid, then we shall reimburse to the User, on a quarterly basis, the amount in respect of such taxes paid.

Termination

If Diaspay Private limited suspects, on reasonable grounds, that a merchant or User has committed a breach of these Terms or any other agreement with Diaspay or any act of dishonesty or fraud against Diaspay/ any Service Provider, Diaspay shall be entitled to (a) suspend all payment under these Terms; (b) deactivate/ suspend your User Account and disable your password; and (c) terminate User’s access to the Website or the Services; pending enquiries by Diaspay. User may cancel his User Account at any time by sending an email. Please note that once your Account is cancelled, Diaspay does not have any obligation to return any data or information that may reside on its servers or other equipment. Diaspay Private limited will have full rights to hold any payout to the merchant/user and also refund amounts based on complaints received from acquiring or issuing bank or any related person to the government of India which includes Cyber cell, Police, Reserve bank of India, SEBI, etc

In such cases the refunds will be forcefully enabled on the merchant/user account back to the source account from where the transaction had initiated.

Indemnity

User or the merchant shall keep Diaspay indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against Diaspay by another User/ Service Provider/ third party for reasons including, but not limited to (i) delivery, non delivery or delay, deficiency or mistake in respect of the Products sold; (ii) a breach, non-performance, non-compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made by him; (iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the User, or his employees, subcontractors and agents in performance of their obligations under these Terms.

The User shall comply with all such terms and conditions as Diaspay or any Service Provider may prescribe from time to time with regard to the Services. All Transactions effected by or through this Website, shall constitute legally binding and valid transactions when done in adherence to and in compliance with the terms and conditions prescribed by Diaspay or Seller/ Service Provider.

Copyright/Original Content

All materials that have been displayed or performed on the services shall abide by copyright. This includes but not limited to text, graphics, articles, photographs, images, illustrations. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or third-party submissions or other proprietary rights not owned by you:

• 01.Without the express prior written consent of the respective owners
• 02.In any way that violates any third party right.

The services are protected by copyright law as prevalent within the copyright laws. Any fraudulent or improper use shall lead to immediate termination of the account and will be bound to legal procedures as per government norms. You are not supposed to download or copy the content for any unauthorized use. You shall also not store any information for any purpose whatsoever. Copying or storing any information without consent from the copyright holder is strictly prohibited. Company may revoke your right to the services, at any time, at Company’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.

Compliance With Anti-Bribery And Anti-Corruption Laws

The merchant hereby also agrees unconditionally that he/she will undertake compliances to all applicable anti-corruption law (including but not limited to the provisions of Foreign corrupt practices Act, 1977, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto) which prohibits the User, its officials, representations, agents, or any other person associated with or acting on behalf of such User from giving, offering, promising to offer, receiving/ accepting or acting in any other manner so as to induce a payment, gift, hospitality or anything of value (either directly or indirectly) whether from within the country or from abroad to government officials, publics servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties or office bearers thereof or any other third party or person in order to obtain an improper commercial/business advantage of any kind.

Restrictions Over Diaspay

You guarantee and confirm that you will not contribute to any Content or otherwise use the Services in a manner that:

• 01.Infringes or violates the intellectual property rights or proprietary rights, rights of      publicity or privacy, or other rights of any third party.
• 02.Violates any law, statute, ordinance or regulation.
• 03.Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious,      defamatory, vulgar, obscene, libellous, or otherwise objectionable.
• 04.Involves commercial activities and/or sales without Company’s prior written consent      such as contests, sweepstakes, barter, advertising, or pyramid schemes.
• 05.Impersonates any person or entity, including without limitation any employee or      representative of Company.
• 06.Contains a virus, trojan horse, worm, time bomb, or other harmful computer code,      file, or program.

The below list of clauses has to be followed while availing services at www.diaspay.in :

• 01.You will not indulge into any racial or racist content or image in any form.
• 02.You will not be using any extreme content hurting any religious sentiments.
• 03.You will not be using any pornographic or sexually related content (including literature,      imagery and other media, escort or prostitution services).
• 04.Child pornographic images or content will not be allowed.
• 05.Copyrighted media which includes unauthorized copies of books, music, movies or any      other licenced or copyrighted materials are strictly prohibited.
• 06.Copyrighted software or unauthorized use of video, music files, graphic designs, fonts      and images will be strictly prohibited.
• 07.You are not allowed to use photos, images, counterfeit stamps, replicas or imitations      of designer goods and other potentially unauthorized goods or materials.
• 08.You are not authorized to promote drugs or drug accessories on Diaspay.
• 09.You are not allowed to promote pyrotechnic devices and hazardous materials which      includes fireworks and related goods, toxic, flammable and radioactive      materials and substances.
• 10.You are not allowed to sell or promote regulated goods which include airbags,      batteries containing mercury, Freon or similar substances/refrigerants,      chemical/industrial solvents, government uniforms, car titles, license      plates, police badges and law enforcement equipment, lock-picking devices,      pesticides, postage meters, recalled items, slot machines, surveillance equipment and goods regulated by government or other agency specifications.
• 11.Any substance or material which is not allowed as per government rules and norms will be      strictly prohibited to be sold here.
• 12.You cannot sell or promote Securities which includes stocks, bonds, or related financial      products.
• 13.You cannot sell tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco and related products.
• 14.Job- or Job-related products are not allowed to be sold on Diaspay.in. Payments      accepted in any form on the portal for job- or job-related products is      strictly prohibited.
• 15.You are not allowed to sell or promote products related to marketing which includes      Bulk Emails, Bulk messages. Eg: mails/messages sent via mail servers      and/or Bulk SMS service providers.
• 16.You are not allowed to sell or promote gaming/gambling related products which includes      lottery tickets, contests, sports bets, memberships/ enrolment in online gambling sites, and related content.

Diaspay holds the right to remove any content or image from the services at any point of time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.

Marketing Restrictions

If you are sending emails, directly or indirectly in connection with any Digital good or Physical products then you agree, acknowledge and represent that all emails and the procurement of email addresses will be authentic and shall be in compliance to applicable government rules & regulations. You would also not be sending any extreme content, racial content, or any religious sentimental message. Pornographic and sexual content is strictly prohibited.

Confidentiality And Non-Disclosure Agreement

In connection with this agreement, Diaspay may disclose to you and or you may otherwise receive some sensitive information of Diaspay (collectively, confidential information. Unless not required to perform your obligations under this agreement, you will not be allowed to disclose any confidential information without the consent of Diaspay. You will not use any confidential information for the purpose of soliciting, or to permit to solicit, users to subscribe to any other services or promote the sale of any products that compete directly or indirectly, with Diaspay or the functionality or services offered by the platform. You agree and abide that Diaspay may be required to provide to governmental agencies/Law or other third parties, information in its possession regarding you or the business you conduct with Diaspay or via the Platform.

Updates To The Terms Of Use

The terms of use are subject to change. The merchant or user abides by the terms of use automatically whenever he logs into or uses www.diaspay.in or any related pages, APIs, mobile application of Diaspay private limited.