Terms and Conditions
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Acceptance of Terms
- Your use of services offered by QPay India Pvt Ltd. (referred to Services in this document) is subject to the terms of a legal agreement between you and QPay. This page explains how the agreement is made up, and sets out some of the terms of that agreement (referred as Terms of Service (TOS) in this document). The names 'QPayIndia and QPay are used interchangeably.
- In order to use the Services, you must first agree to the Terms. It is important that you read and understand these Terms as they govern your use of the QPay Services. These Terms contain a binding arbitration provision which affects your legal rights and may be enforced by the parties. If you do not agree to these terms, you must immediately stop using QPay's services. You can accept and agree to the Terms by:
- Clicking to accept or agree to the Terms, where this option is made available to you by QPay in the user interface for any particular Service; or Actually using the Services. In this case, you understand and agree that QPay will treat your use of the Services as acceptance of the Terms from that point onwards.
- We may amend these Terms at any time by posting a revised version on QPayindia.com. Amended Terms are effective at the time we post them and your continued use of the QPay's Services constitutes your acceptance of any amended Terms. We may provide you with notice regarding upcoming Terms changes by email.
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Provision of the Services offered by QPay
- QPay is constantly evolving in order to provide the best possible services and information for its users. You acknowledge and agree that the form and nature of the Services which QPay provides may change from time to time without prior notice to you.
- As part of this continuing process, you acknowledge and agree that Qpay may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at QPay's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform QPay when you stop using the Services.
- You acknowledge and agree that if QPay disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
- You acknowledge and agree that QPay may set a fixed upper limit on the number of transmissions you may send or receive through the Services, such fixed upper limits may be set by QPay at any time, at QPay's discretion.
- Disclaimer : QPay disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. QPay reserves the right to make changes and corrections to any part of the content of this website at any time without prior notice. Unless stated otherwise, all pictures and information contained on this website are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock. Please email to support@QPayindia.com if you are the copyright owner of any content on this website and you think the use of the above material violates the Copyright act in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitised by QPay. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the written permission of QPay.
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Use of the Services by You
- In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to QPay will always be accurate, correct and up to date. You also agree to update this information to keep it true and accurate at all times.
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- You agree to use the data owned by QPay (as available on the website or through any other means like API etc) only for personal purposes and not for any commercial use unless agreed to with QPayt in writing.
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by QPay. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with QPay, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- You agree that you are solely responsible for (and that QPay has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which QPay may suffer) of any such breach.
- You agree to the use of your data in accordance with QPay's Privacy Policy.
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Content in the Services
- You should be aware that Content (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to QPay (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by QPay or by the owners of that Content, in writing and in a separate agreement.
- QPay reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. You understand that you use the Services at your own risk.
- QPay reserves the right to moderate, publish, re-publish, and use all user generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. QPay is not liable to pay royalty to any user for re-publishing any content across any of its platforms.
- If you submit any material on the website, you agree thereby to grant QPay the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned of affiliated.
- You agree that you are solely responsible for (and that QPay has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which QPay may suffer) by doing so.
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Proprietary Rights
- You acknowledge and agree that QPay (or QPay's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by QPay and that you shall not disclose such information without QPay's prior written consent.
- Unless you have agreed otherwise in writing with QPay, nothing in the Terms gives you a right to use any of QPay's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
- Unless you have been expressly authorized to do so in writing by QPay, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- It is no exaggeration to say that the growth of the internet has caused something of a business revolution. If your business has its own website, then your customers can browse for goods and services from anywhere in the world, 24 hours a day, 365 days a year. With a couple of clicks, customers can purchase those goods and services and have them delivered – either physically to their door, or downloaded electronically.
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Exclusion of Warranties
- Nothing in these terms, shall exclude or limit QPay's warranty or liability for losses.You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available". In particular, QPay, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
- Your use of the services will meet your requirements,
- Your use of the services will be uninterrupted, timely, secure or free from error,
- Any information obtained by you as a result of your use of the services will be accurate or reliable, and
- That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
- Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other 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 QPay or through or from the services shall create any warranty not expressly stated in the terms. QPay further expressly disclaims all warranties and conditions of any kind, whether expressed or implied.
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Limitation of Liability
- Subject to overall provision paraphrased above, you expressly understand and agree that QPay, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
- Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services
- The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services
- Your failure to provide QPay with accurate account information
- Your failure to keep your password or account details secure and confidential
- The limitations on QPay's liability to you above shall apply whether or not QPay has been advised of or should have been aware of the possibility of any such losses arising.
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Authorization
- By accepting the terms of this Agreement, you authorize us to hold, receive, disburse and settle funds on your behalf. Your authorization permits us to generate an electronic funds transfer between the Payment System Providers and our Account to process each Payment Transaction that you authorize.
- Thereafter you authorize us to transfer the Payments received from your customers to the bank account designated by you for this purpose at the time of registration. Your authorization will remain in full force and effect until your QPay Account is closed or terminated.
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Card Association Rules
- "Card Association Rules" refer to the guidelines and processes established and defined by the Card Associations. These Card Associations have infrastructure and processes to enable transaction Authorization. The Card Associations require you to comply with all applicable guidelines, rules, and regulations formulated by them.
- The Card Associations reserve the right to amend their guidelines, rules and regulations. We may be required to amend modify or change this Agreement in pursuant to amendments to the Card Association Rules and such amendments if any shall be deemed to be binding on the Users.
- You agree to fully comply with all programs, guidelines, requirements that may be published and/or mandated by the Card Associations. Notwithstanding our assistance in understanding the Card Association Rules, you expressly acknowledge and agree that you are assuming the risk of compliance with all provisions of the Card Association Rules,regardless of whether you are aware of or have access to those provisions. MasterCard and Visa make excerpts of their respective rules available on their internet sites.
- In the event that your non-compliance of Card Association Rules, results in any fines, penalties or other amounts being levied on or demanded of us by a Card Association, then without prejudice to our other rights hereunder, you shall forthwith reimburse us in an amount equal to the fines, penalties or other amount so levied or demanded
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Settlements
- - On receipt of the Payments in Account, we will endeavour to transmit the Payments payable to the Merchant, after deducting our Fees, from our Account to the Merchant's designated bank account, within 3 (three) Business Days from Completion of Transaction. Subject to any other Clause of this Agreement and Completion of Transaction, the Merchant acknowledges that we will settle the Payments only upon actual receipt of Payments in the Account and upon reconciliation of the Payments by the Acquiring Banks, our payment gateway and the partners. The Merchant will bear and be responsible and liable for the payment of all relevant taxes in relation to the Payments made under this Agreement.
- - Merchants receive the amount (minus our charges) in their bank account within a maximum T+3 days where T is defined as the date of intimation of the completion of the transaction.
- - All risks associated with the Delivery will be solely that of the Merchant and not QPay. Also, all disputes regarding quality, merchantability, non-Delivery, delay in Delivery or otherwise will be directly between the Merchant and the Customer without making QPay and/or the Payment System Providers, a party to such disputes.
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Banned Merchant Categories
- Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services. Apparatus such as personal massagers/vibrators and sex toys and enhancements.
- Alcohol, which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
- Body parts, which includes organs or other body parts – live, cultured/preserved or from cadaver.
- Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam).
- Cable TV descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
- Child pornography in any form.
- Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.
- Copyrighted media, which includes unauthorized copies of books, music, movies, and other licensed or protected materials.
- Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
- Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods.
- Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs including but not limited to salvia and magic mushrooms.
- Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
- Endangered species, which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
- Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content.
- Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles .
- Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property.
- Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
- Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.
- Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred.
- Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
- Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a recognized and licensed medical practitioner in India or anywhere else.
- Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
- Regulated goods which includes air bags; 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; goods regulated by government or other agency specifications.
- Securities, which includes stocks, bonds, mutual funds or related financial products or investments.
- Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
- Traffic devices, which includes radar detectors/ jammers, license plate covers, traffic signal changers, and related products.
- Weapons, which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
- Wholesale currency, which includes discounted currencies or currency, exchanges.
- Live animals or hides/skins/teeth, nails and other parts etc of animals.
- Multi Level Marketing schemes or Pyramid / Matrix sites or websites using a matrix scheme approach.
- Any intangible goods or services or aggregation/consolidation business.
- Work-at-home information.
- Drop-shipped merchandise.
- Web-based telephony/ SMS/Text/Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process /knowledge process services.
- Any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, both local and international including the laws of India.
The following merchant categories are out rightly banned to be recruited for QPay India:
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Transaction Disputes
- Transactions may be disputed at anytime up to 180 (one hundred eighty) days, from the date of Transaction by the customers as per the Card Association Rules. Disputes resolved in favour of the Customers may result in reversal of Payments to the Customers. In the event of rejection/suspension of Payments to the Merchant, Chargebacks, refunds and/or any other dispute relating to the Transactions completed under this Agreement ("Disputed Transaction"), on any grounds whatsoever, we will forthwith notify the Merchant of the same.
- On such notification the Merchant will conduct an internal review of such matter and will, within 5 (five) days from receipt of notification, revert to us in writing either
- requesting us to refund ("Refund Request") the Payment received by the Merchant in respect of such Transaction ("Refund Monies"); or
- providing us with a statement explaining how the Disputed Transaction is not warranted together with all documentary evidence in support of contesting such Disputed Transaction.
- In the event that the Merchant provides a Refund Request to us or fails to contest such Disputed Transaction within the aforesaid 5 (five) day period or contests Disputed Transaction without providing supporting documentation to ours, Payment System Providers, Card Association and/or Issuing Institution's satisfaction, we will be entitled to recover the Refund Monies from credits subsequently made to the Account with respect to Payments made by the Merchant's Customers.
- In the event that we are unable to recover the Refund Monies as aforesaid, due to the amounts credited to our Account being lower than the Refund Monies, we will deduct the remaining Refund Monies from the Security Deposit and/or set-off the remaining Refund Monies against the future payables to the Merchant and refund the same to the respective customers. The Merchant will be liable to make payment of the Refund Monies or part thereof which has not been recovered by us forthwith. It is hereby agreed and acknowledged by the Parties that the Fees charged by us in respect of the Disputed Transaction will not be refunded or repaid by us to the Merchant, Customer or any other person.
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Technical Issues & Delivery Policy
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Jurisdiction and Governing Law