Terms of Service

We highly value our relationship with you and consider it as our most valuable asset. Our primary goal is to ensure that you feel at ease and confident when utilizing our Platform (as defined below) and the Services (as defined below). The purpose of these Terms and Conditions of Use ("Terms") is to provide you with information about the terms that govern your access to the Platform and Services, outline our expectations from you, and clarify what you can anticipate from us as you engage with our Platform and utilize the Services offered by us, our Strategic Partners, and third-party service providers. Additionally, through these Terms, you will gain knowledge about the following aspects:

a) Our guidelines on how changes and updates to these Terms are handled.

b) Detailed information about the Platform and the Services offered by us, our Strategic Partners, and third-party service providers.

c) The process of signing up and the information that is required from you.

d) The terms and conditions regarding the use of the Platform and the Services.

e) Terms of use and conditions relating to the information provided by us on the Platform.

f) Ownership of intellectual property rights and content on our Platforms, along with the terms governing the use of such content.

g) Requirements for Know Your Client ("KYC") compliance.

h) Our policy regarding communications and notifications sent through the Platform.

i) Disclaimers, limitations of liability, and obligations for indemnification in relation to the Services provided.

j) Legal rights and obligations in the event of a violation of these Terms by you.

These Terms apply to your use of the website https://niyofin.com/ and its mobile/web applications, collectively referred to as the "Platform." As a user (hereinafter "you," “your” or "User"), these Terms govern your access to the Platform and the relevant Services provided on it.

The Platform is operated by Fineo Fintech Private Limited, (hereinafter "Company," "Niyofin," “us” or "we."), a company incorporated under the Companies Act 2013, with its registered office located at Office No. 10 Saini Colony SWEJ FARM Shyam Nagar (Jaipur) Jaipur RJ IN PIN: 302019

User and Company are each a “Party” and collectively the “Parties”.

These Terms are considered an electronic record under the provisions of the (Indian) Information Technology Act, 2000, and its applicable rules. This electronic record is generated by a computer system and does not require physical or digital signatures. The publication of these Terms complies with Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, framed under the IT Act, which mandates the publication of terms of services and practices for accessing or using the Platform and Services. These Terms establish a binding and legally enforceable agreement between the Company and the User (as defined below). By registering on or using the Platform or availing the Services, you agree to be bound by these Terms. If you are using the Platform on behalf of an organization, you are agreeing to the Terms on behalf of that organization, and references to "you," "your," or "User" will apply to that organization.

The Terms and Privacy Policy mentioned earlier do not cover the web and blockchain development services provided by Fineo Fintech Private Limited. Niyofin does not offer web and blockchain development services, and these services are not included in the definition of Services as stated in Clause 2.4 of the Terms.

By agreeing to the Terms, you confirm that you are at least 18 years old and have not been previously suspended or removed by the Company, or disqualified from using the Platform or accessing the Services. You also acknowledge and assure that you have the legal right, authority, and capacity to accept and comply with the Terms. It is important not to impersonate others or provide false information about your identity, age, or affiliation with any individual or organization. If any violation of the Terms occurs, the Company reserves the right to suspend or permanently restrict your access to the Services or the Platform.

If you do not agree to abide by these terms, you should refrain from using the Platform. However, if you choose to continue using the Platform or the Services, it implies your explicit agreement and commitment to be bound by these terms. Subject to relevant laws, these Terms (including any modifications) will apply to you retroactively from the date of your initial use of the Platform.

1. Changes to these Terms

1.1. Please be aware that these Terms are subject to change. We retain the right to modify or revise these Terms, and although we will make reasonable efforts to inform you about any updates, we recommend that you regularly review them when accessing or using the Platform to stay informed about any changes that may occur.

1.2. The "Last Updated" date provided at the top of the Terms indicates the most recent modifications made to them. If we make any changes to these Terms, your continued access and use of the Platform will indicate your acceptance of those modifications. By using the Platform, you agree to comply with any posted guidelines, supplementary terms, policies, or disclaimers that we may provide from time to time. This includes the Privacy Policy available at https://clear.in/meta/privacy. All additional terms, policies, guidelines, or disclaimers are considered part of these Terms and are incorporated by reference.

1.3 If you have any inquiries, comments, or concerns about the Terms, or if you need to report any violation of the Terms, you can reach out to us at [email protected]

2. About the Platform and the Services

2.1. The Platform primarily functions as a technology service provider, offering various software solutions and services related to Goods and Services Tax (GST) compliance. Additionally, the Platform allows you to avail expert-assisted tax filing services and managed services related to GST compliance.

Furthermore, the Platform provides you with the ability to browse, evaluate, compare, subscribe to, and redeem various financial product. You can benefit from finance management, accounts and ledger management, invoice creation and management, searching GST public records, payment record management, and generating reports.

The Platform also provides tax management services, such as verifying tax filing status, downloading returns and challans related to GST, and accessing tax-related information and news. Additionally, the Platform offers invoice discounting and supply chain financing software products.

Some of these services on the Platform may be provided through our strategic partners, (referred to as "Strategic Partners"). While it is not compulsory to use the execution services, certain features of the Platform may be inaccessible if you choose not to use them.

2.2. The Platform enables you to directly access the Services (defined hereinafter) offered by the Company, its Strategic Partners, and affiliated third-party service providers. It also facilitates communication between you and these entities for the purpose of availing the Services.

3. Sign-Up and Consent Requirements

3.1. In order to access the Services, you may need to provide us with necessary details, including but not limited to personal information such as your name, date of birth, gender, PAN, signature, marital status, nominee details, photograph, email address, phone number, educational or professional qualifications, business details, GSTN, TAN, bank account information, UPI ID, and other relevant payment details.

3.2. You agree to provide the aforementioned information, or any other information required by us to provide the Services, during the sign-up process or at any later stage. Additionally, you acknowledge that providing your Aadhaar ID is voluntary unless mandated by applicable law. You may choose to provide an alternative KYC proof.

3.3. You confirm that the information you provide about yourself is true, accurate, current, and complete. You agree not to misrepresent your identity or account information and to keep your account information up to date and accurate.

3.4. If you upload information related to third parties, you must ensure that you have obtained express written consent from them to use their information on the Platform. Furthermore, you should obtain written consent from such individuals to receive communications from the Company regarding information about the Company and the Services, promotional offers and services from the Company's third-party service providers and Strategic Partners, and any other matter related to the Services. If such third parties do not provide written consent or withdraw their consent, you must immediately stop using the Services in relation to them. You are solely responsible for obtaining the necessary consent from third parties, and we assume that you have obtained such consent if you provide information about them on the Platform.

3.5. If you provide false, inaccurate, or outdated information, or if we have reasonable grounds to suspect the inaccuracy or outdated nature of the information, we reserve the right to suspend or terminate your account and prohibit your current or future use of the Platform. You are responsible for maintaining the confidentiality of your account and are fully liable for all activities conducted under your account.

3.6. You agree to promptly inform us in writing at [email protected] if there is any unauthorized use or disclosure of your profile or any other security breach related to your profile.

4. Use of and Access to the Platform

4.1. You agree to use the Platform only for lawful purposes, and that you are responsible, liable and accountable for all activities that take place through your use of Platform or availing the Services. We exclude any liability arising out of use of the Platform.

4.2. You understand, accept and agree that the payment facility provided by us is neither a banking or financial service, but we merely act as a facilitator providing an electronic payment option, automated online electronic payment option, for the transactions on the Platform using the existing authorized banking infrastructure and the payment gateway/payment aggregator networks. Further, by providing payment facility, we are neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction.

4.3. Service Level Terms: We will use commercially reasonable efforts to provide you the Platform. We will provide you with reasonable technical support services in accordance with our standard practices. We do not make any commitment that the Platform will be available at all times or during any down time

  • (a) caused by outages to any public Internet backbones, networks or servers,
  • (b) caused by any failures of your equipment, systems or local access services,
  • (c) for previously scheduled maintenance,
  • (d) caused by any third party vendor or service provider of the Company,
  • (e) caused by any failure of systems or servers of any third party including that of the government and its authorities and/or financial institutions such as asset management companies or any financial intermediaries,
  • (f) attributable to events such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, hacking, phishing or interruptions in Internet services to an area where the Company or its servers are located or co-located, or
  • (g) required pursuant to instructions received by us from any governmental or regulatory authority.

4.4. Updates: From time to time, we may provide upgrades, patches, enhancements, or fixes for the Platform to you generally without additional charge and such updates will become part of the Platform and subject to the Terms. Notwithstanding the foregoing, we shall have no obligation under these Terms or otherwise to provide any such updates. You understand that the Company may cease supporting old versions or releases of the Platform at any time in its sole discretion.

4.5. By accessing or using the Platform or by availing Services, you agree not to:

4.5.1. host, display, upload, modify, publish, transmit, update or share any information (if provided with the functionality to do so on the Platforms) that:

  • (a) belongs to another person and to which the user does not have any right;
  • (b) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws of India;
  • (c) is harmful to minors;
  • (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 the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  • (g) impersonates another person;
  • (h) 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 offense or prevents investigation of any offense or is insulting any foreign states;
  • (i) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  • (j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

4.5.2. violate the Terms or any law for the time being in force;

4.5.3. conduct or forward surveys, contests, pyramid schemes or chain letters involving the Services;

4.5.4. impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity

4.5.5. infringe our or any third party’s patent, trademark, copyright or other intellectual property rights, proprietary rights, rights of publicity or privacy;

4.5.6. use the Services if you are under the age of 18 (eighteen) years;

4.5.7. post or transmit any message (if provided with the functionality to do so on the Platforms) which discloses private or personal matters concerning any person or, is grossly harmful, harassing, hateful and/or disparaging;

4.5.8. post or transmit (if provided with the functionality to do so on the Platforms) any message, data, image or program which is blasphemous, vulgar, or offensive in nature;

4.5.9. refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to us;

4.5.10. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform and Services or features that enforce limitations on the use of the Services or the Platform;

4.5.11. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Services or Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;

4.5.12. use the Services or the Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation,

4.5.13. using the Services or the Platform in an automated manner;

4.5.14. modify, adapt, translate or create derivative works based upon the Services and Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;

4.5.15. intentionally interfere with or damage operation of the Services or the Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file/ programme with contaminating or destructive features or which are designed to interrupt, destroy or limit the functionality of any computer resource;

4.5.16. use any robot, spider, other automatic device, or manual process to monitor or copy the Platform without prior written permission;

4.5.17. take any action that imposes an unreasonably or disproportionately large load on our infrastructure/network;

4.5.18. use the facilities and capabilities of the Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;

4.5.19. use the Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Platform, except and only as expressly provided in the Terms;

4.5.20. use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to us, a third party or you.

5. Information

5.1. While we make reasonable efforts to provide accurate and up-to-date information on the Platform, we are not responsible for any errors or omissions in the information or for any outcomes resulting from reliance on such information. Some links on the Platform may lead to third-party websites that are beyond our control, and your use of those websites will be subject to their own terms and policies. We recommend reviewing the terms and policies of such websites.

5.2. The information provided on the Platform, including compliance deadlines for tax returns, statutory forms, tax news, and regulatory updates, is for general guidance and informational purposes only. Laws and regulations can vary, and the specific circumstances can have a significant impact. The information provided should not be considered as a substitute for professional advice from accounting, tax, legal, or other qualified advisors. Before making any decisions or taking action, it is advisable to consult with a professional advisor. The Platform and Services do not constitute the provision of specific advice or professional services.

5.3. While we strive to ensure the accuracy of the information provided on the Platform, we do not guarantee its completeness or reliability. You acknowledge that there may be errors or omissions, and you use the information at your own risk.

5.4. We do not make any warranties or representations regarding the accuracy, completeness, timeliness, or any other aspect of the information provided on the Platform. The information is provided "AS IS," without any warranties, express or implied, including but not limited to performance, merchantability, or fitness for a particular purpose.

6. Intellectual Property Rights and Ownership

6.1. We hold the rights to the design, compilation, look and feel of our Platform, as well as copyrighted works, trademarks, designs, inventions, and other intellectual property. Subject to complying with these Terms, we grant you a limited, non-transferable, non-sub licensable, royalty-free, revocable access to use the Platform and Services.

6.2. You agree not to copy, distribute, modify, or create derivative works of our content or use our intellectual property rights in any unauthorized manner.

6.3. We may provide you with summaries of news or information available in the public domain and electronic links to the original sources. We do not own intellectual property rights in information published by third parties.

6.4. When you enter or upload data to the Platform, you grant us and our partners, service providers, group companies, and affiliates the right to use, process, store, analyze, and display the data for various purposes related to providing the Services. This includes personal data and financial information. You represent that you have the necessary rights to grant us this permission. The use and sharing of data are governed by our Privacy Policy.

6.5. Data loss is a risk inherent in using technology. You are responsible for maintaining copies of your data entered into the Platform.

6.6. In the event of downtime, access issues, or data loss, your only recourse is to discontinue using the Platform or Services. No compensation will be provided.

7. Know Your Customer/Client Requirements

7.1. By using the Platform or availing the Services, you agree and give your explicit consent to provide certain information and documents that may be required to verify your eligibility. This includes providing your KYC Documents to us, entities for whom we act as a technology facilitator and Platform provider (such as Right Horizons), online payment gateways, operators and aggregators, and/or our affiliates. You grant permission for us and these entities to use, process, store, share, analyze, make derivations, and back up your KYC Documents and information. KYC Documents refer to information like mobile number, mother's name, father's name, email address, password, date of birth, gender, PAN, signature, marital status, nominee details, cancelled cheque, photograph, video recording, etc., which may be requested during Sign-up or at a later stage. You agree to provide valid, accurate, complete, and up-to-date KYC Documents. It is important to acknowledge that providing incorrect or misleading information will be considered a significant violation of these Terms.

7.2. We may utilize your personal data to provide Services to you. Your personal information and KYC documents may be processed, transferred, or disclosed to third parties, such as AMC's, RTA's (Registrar and Transfer agents), KYC Registration Agency (KRA), payment gateways, statutory bodies or agencies, third-party service providers, and Strategic Partners, as required

8. Communication Policy

8.1. By using the Platform or Services, you agree to receive various communications from the Company. These communications may include information related to your use of the Platform or Services, updates about the Company and its Services, promotional offers and services from the Company, its Strategic Partners, and third-party partners, as well as any other relevant matters pertaining to the Services. If you access the Platform on behalf of a third party with their consent, you acknowledge and agree that we may send these communications to your customers or other third parties whose information you have provided on the Platform.

8.2. We may send alerts to the mobile phone numbers you have provided, whether it's your own number, your customers' numbers, or any other third-party numbers, through email, SMS, WhatsApp messages, push notifications, or other means. If your mobile number is registered on the Do Not Disturb (DND) list maintained by the Telecom Regulatory Authority of India, you may not receive SMS messages from us. In such cases, it is your responsibility to take the necessary steps to deregister from the DND list, and we cannot be held liable for non-receipt of SMS messages.

8.3. We are not obligated to verify the authenticity of the recipient(s) of the alerts. You cannot hold the Company liable for any issues related to the availability or non-availability of the SMS/email alert or push notification service.

8.4. The SMS/email alert and push notification service provided by us is an additional convenience, but it may have errors, omissions, or inaccuracies. You agree that the Company is not liable for any loss, damages, claims, expenses, including legal costs, that may arise from the use of the SMS/email alert or push notification facility.

8.5. The quality, readability, accuracy, and timeliness of the SMS/email alerts or push notifications may depend on various factors, including the infrastructure and connectivity of the network service provider. We are not responsible for any non-delivery, delayed delivery, or distortion of the alerts in any way.

8.6. You understand that the Company cannot guarantee that files available for download through the Platform will be free of viruses, worms, or other potentially damaging code. It is your responsibility to implement internet security procedures that meet your specific requirements and ensure the accuracy of data input and output.

9. Third-Party Services on the Platform

9.1. Our Platform offers products and services provided by third-party service providers. These providers may have their own terms and conditions that apply to you, and you agree to abide by those terms. Third-party products and services are governed by the terms, conditions, and privacy policies set by their respective providers. This includes how your data will be used by the third-party providers. The descriptions of third-party products and services, as well as any associated links, are provided to us by the providers themselves. The providers are solely responsible for the accuracy of the information in those descriptions. We do not endorse or assume any responsibility for third-party products or services.

9.2. We do not make any representations and explicitly disclaim any warranties and liabilities related to third-party services, including their accuracy or completeness. Additionally, all intellectual property rights pertaining to third-party services belong to their respective third-party providers.

10. Termination of Access to the Platform

We have the right to terminate or suspend your access to the Platform, as well as access to any of your data, under the following circumstances: (i) at our discretion; (ii) if you fail to comply with these Terms or the Privacy Policy; (iii) in the event of prolonged inactivity; or (iv) in the case of any fraud, insolvency, or bankruptcy related to you. It is important to note that our right to terminate is not contingent upon whether you have violated these Terms or not.

11. Warranties and Disclaimers

11.1. We, as a technology Platform service provider, are not responsible for any claims or damages related to payments made by you or any third parties using the Platform, whether it be for you, the Users whose information is recorded on the Platform, or any other person or party.

11.2. Your use of the Platform and the Services is at your own risk. The Platform and the Services are provided on an "as is" and "as available" basis. Except as expressly provided in these Terms, we, our Strategic Partners, and our respective officers, directors, employees, agents, and representatives explicitly disclaim all warranties, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that: (i) the Platform or the Services will meet your requirements; (ii) the Platform or the Services will be uninterrupted, timely, secure, or error-free; (iii) the information obtained through the Platform or the Services will be accurate or reliable; (iv) the quality of any products, services, information, or other materials obtained or purchased through the Platform will meet your expectations or needs; and (v) any errors in the Platform will be corrected.

11.3. You acknowledge that certain Services provided on the Platform are dependent on the technology infrastructure of various third parties, including government agencies and statutory authorities. We are not liable for any discrepancies in the Services due to delays or failures by these third parties, including government agencies and statutory authorities like the Goods and Services Tax Network and National Informatics Centre. These delays or failures can result from network or connectivity issues, device or application failures, system failures, downtime, or other technical or non-technical errors, whether anticipated or unanticipated.

12. Exclusion of Damages


13. Indemnification

13.1. Regardless of any other provision in this agreement, you agree to defend, indemnify, and hold the Company (including its affiliates, officers, directors, and employees) harmless from any damages, actions, claims, costs, losses, liabilities, expenses, and demands, including legal fees, arising from or related to: (i) your breach or non-compliance with these Terms, (ii) misrepresentation, negligence, fraud, or misconduct, (iii) unauthorized or illegal use of the Services and Platform, (iv) any injuries or property damage resulting from your actions or omissions, (v) claims against the Company for your acts or omissions, and (vi) violations of applicable law.

13.2. You acknowledge that any violation by you will be considered an unlawful and unfair business practice, causing irreparable harm to the Company and its Strategic Partners and third-party service providers. In such cases, you agree that the Company may seek injunctive or equitable relief in addition to any other available remedies. If the Company takes legal action against you due to your violation of these Terms, you agree to reimburse them for all reasonable legal fees and costs incurred, along with any other granted relief.

14. Miscellaneous

14.1. Notice: All written notices, requests, demands, approvals, and other communications under these Terms shall be considered valid in the following ways: (i) personally delivered to the recipient, (ii) sent by certified mail and received by the intended recipient, (iii) delivered by recognized international overnight courier, or (iv) sent by fax with confirmation.

14.2. Merger/Modification: Each party acknowledges that they have read, understood, and agreed to be bound by these Terms. These Terms constitute the complete and exclusive agreement between the parties, superseding all prior proposals, understandings, and agreements, whether oral or written, relating to these Terms.

14.3. Governing Law and Jurisdiction: These Terms shall be governed by and interpreted in accordance with the laws of India. Any disputes arising from these Terms shall be resolved through arbitration in New Delhi, as per the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English, and the decision of the arbitrator shall be final and binding. Any legal matters related to these Terms or the use of the Services shall fall under the exclusive jurisdiction of the courts in New Delhi.

14.4. Investment Activity Caution and Advisory: Investing in the securities market, including mutual funds, carries market risks. It is advised to carefully read all investment-related documents before making any investments. Past performance of mutual funds does not guarantee future performance or serve as a basis for comparison with other investments.

14.5. Morning Star Disclaimer: The information provided by Morning Star India Private Limited is proprietary and subject to copyright. It may not be copied or redistributed without prior written consent. The information may not be complete, accurate, or timely and is sourced from various dates and sources. Morningstar, Inc. and its affiliates are not responsible for trading decisions, damages, or losses resulting from the information provided.

14.6. Severability: If any provision of these Terms is deemed invalid under applicable law, it will be considered omitted, while all other provisions shall remain in full force and effect. The Parties will negotiate in good faith to modify the Terms to achieve the original intent to the greatest extent possible.

14.7. Waiver: Waiving a term or condition of these Terms in a particular instance does not constitute a waiver of that term or condition for the future or for subsequent breaches. All remedies, rights, obligations, and agreements in these Terms are cumulative and not limited to any single provision.

14.8. Relationship of Parties: The Parties are not employees, agents, partners, or joint venturers of each other. You do not have the authority to enter into agreements on behalf of the Company.

14.9. Entire Terms: These Terms constitute the entire agreement between the Parties regarding the subject matter and supersede all other warranties, representations, or undertakings, except as expressly provided herein.

14.10. Assignment: The Company may, at its sole discretion, assign its rights and obligations under these Terms to its affiliates or any other entity. In such cases, the assigned entity shall have the right to enforce these Terms.

14.11. Survival: Certain provisions of these Terms will survive any termination, cancellation, or expiration of the agreement.

14.12. Expenses: Each party shall bear its own costs and expenses incurred in connection with these Terms and the transactions contemplated herein, unless otherwise specified.

14.13. Force Majeure: Neither party shall be liable for a failure or delay in performing its obligations under these Terms if such failure or delay is due to causes beyond its reasonable control. Both parties shall promptly notify each other of any force majeure condition and make reasonable efforts to resume performance as soon as possible.

14.14. Maintenance of Records: You are responsible for maintaining your records independently of the Platform. The Company reserves the right to request copies of such records for its own record-keeping purposes. The Company may retain your information as required by applicable law.

14.15. Fees: The Company has the right to charge fees for the Services, and failure to pay may result in denial of Services.

14.16. Contact Us: For any questions, grievances, or complaints regarding these Terms, you can contact the Grievance Officer at the provided address or email.

Email: [email protected]

15. General terms for making online payments

15.1 To use the services of the online payment gateway/ payment aggregator service provider, the User shall disclose the exact business category and/or the business sub-category for which it will be using the payment gateway/payment aggregator services. If the User uses the payment gateway/payment aggregator services for any other purpose, the User understands and acknowledges that it shall notify the payment gateway/ payment aggregator service provider and the Company in writing of such change and such change shall be subject to the approval of the payment gateway/ payment aggregator service provider who may include other terms and conditions as it may deem fit.

15.2 In the event You are using any of the Services on the Platform, you agree to provide the Company, as and when necessary, the KYC Documents and other documents requested, including Aadhar card, shops and establishments certificate, utility bills, registrations with tax authorities, memorandum of association, certificate of incorporation, PAN, partnership deed, powers of attorney, etc., and/or any other documents as required under the guidelines, rules and/or regulations issued by the Reserve Bank of India, National Payments Corporation of India, and any other regulatory authorities set up under any applicable laws (“Regulatory Authorities”). The User also expressly consents to the Company forwarding the such documents to the payment gateway/ payment aggregator service provider or Regulatory Authorities.

15.3 The User shall indemnify the Company from and against all losses and damages suspicion in case User engages in any fraudulent, illegal or doubtful payment transactions, online selling of banned items under applicable laws, such as:

  • (a) Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services;
  • (b) Body parts which includes organs or other body parts;
  • (c) Child pornography which includes pornographic materials involving minors;
  • (d) Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
  • (e) Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials; Copyright infringing merchandise;
  • (f) Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
  • (g) Products labeled as "tester," "not for retail sale," or "not intended for resale";
  • (h) 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;
  • (i) Products that have been altered to change the product's performance, safety specifications, or indications of use;
  • (j) Drugs and drug paraphernalia which includes hallucinogenic substances, illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
  • (k) Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
  • (l) Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction;
  • (m) Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
  • (n) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;
  • (o) Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts;
  • (p) 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;
  • (q) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals;
  • (r) Pyrotechnic devices (apart from the ones mentioned in the Restricted category), hazardous materials and radioactive materials and substances;
  • (s) Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;
  • (t) Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India;
  • (u) Merchant who deal in websites depicting violence and extreme sexual violence; or
  • (v) Bestiality.

15.4 The User acknowledges the Company and the payment gateway/ payment aggregator service provider reserves the right to limit or restrict any transaction size, amount and/or monthly volume at any time. For the purpose of clarity, such limitations or restrictions may be imposed for the following reasons including but not limited to limits/restrictions on the number of purchases which may be charged on the User’s account during any time period, rejection of payment in respect transactions with a prior history of questionable charges, unusual monetary value of transaction, etc. Further, as a security measure, the Company and/ or the payment gateway/ payment aggregator service provider may at its sole discretion block any account numbers or transactions from any specific blocked or blacklisted accounts, group of internet protocol addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.

15.5 The User hereby agrees and acknowledges that the User shall be solely responsible and liable to pay all relevant taxes pursuant to usage of the payment gateway/ payment aggregator services.

15.6 Notwithstanding anything contained in these Terms, the User hereby irrevocably and unconditionally confirms and agree that that the payment gateway/ payment aggregator service provider and Regulatory Authorities reserve the right to reject payments with respect to any transaction for reasons including but not limited to unlawful, unenforceable, doubtful or erroneous transactions, chargebacks, refund, fraud, suspicious activities, authentication and authorization issues, overpayment made due to mathematical errors or otherwise, penalties incurred, transaction related issues, issues in relation to where the transactions were not made in accordance with the requirements of payment gateway/ payment aggregator service provider and/ or the Regulatory Authorities.

15.7 The User agrees to comply with all applicable rules, guidelines, instructions, requests and actions, etc. made by the payment gateway/ payment aggregator service provider and/or the Regulatory Authorities. The User further acknowledges that the payment gateway/ payment aggregator service provider and/or the Regulatory Authorities may also put limitations and restrictions on the User, at its sole discretion from time to time. In addition, the payment gateway/ payment aggregator service provider and the Company has the right to reverse/reject payments, suspend and/or terminate services, make inspections or inquiries in relation to the transaction, etc. In the event any fines, penalties or other amounts are levied by the payment gateway/ payment aggregator service provider and/or the Regulatory Authorities on the Company, then without prejudice to Company’s other rights under law, the User shall forthwith reimburse the Company an amount equal to the fines, penalties or other amount so levied or demanded.

15.8 The User agrees and expressly consents to provide the Company any documentary evidence as may be required in relation to any disputes relating to rejection/ termination of transactions included any explanatory statements is support of such disputes

15.9 The User expressly consents and agrees to (a) the Company maintaining records in relation to the User’s transactions; and (b) maintaining records by itself in relation to the User’s transactions, for the purposes of inspection by the payment gateway/ payment aggregator service provider, and/or the Regulatory Authorities.

15.10 The User agrees to indemnify the Company in respect of any claims, disputes, penalties, costs and expenses arising directly or indirectly in relation to refunds or chargebacks for all payment transactions initiated by the User on the Platform. In event of rejection of any payment by any payment gateway/ payment aggregator service provider and/or Regulatory Authorities and the Company shall be not responsible to collect the payment from such payment gateway/ payment aggregator service provider or bank directly and in any case shall also not have any responsibility or liability in this regard.

15.11 The Users agree to comply with the KYC rules and regulations set out by the Regulatory Authorities and shall comply with the provisions of anti-money laundering laws, anti-bribery and anti-corruption in adopted by India, United States of America, Office of Assets of Control, United Kingdom and United Nations.

15.12 The User agrees and understands that the Company and the online payment gateway service provider reserves the right to suspend the Payment gateway/payment aggregator services to the User until such time that the User does not discontinue selling such banned/illegal products or does not conform to all applicable laws and regulations in force from time to time.