Terms Of Service

Terms Of Service

V. N. Credits Ltd, is a private limited company incorporated under the laws of India and having its registered office at, FIRST FLOOR, H-294,PLOT 2A, KEHAR SINGH ESTATE, SAIDULAJAB,LANE NO.2, SOUTH DELHI, South Delhi, Delhi, 110030. operating under the trade name of 'PaySay' (herein after referred to as "PaySay", which termshall refer to and include its owners, directors, investors, employees, officers, representatives, affiliates, or otherrelated parties). Persons availing of the PaySay Services (as defined below), directly or indirectly, arereferred to herein, as "Users". Only natural person, i.e, citizen of India, can be Users, and no person other than anatural person with a valid, authorised account with PaySay can avail of the PaySay Services in anymanner whatsoever. This is an agreement between PaySay and User, which together with the PrivacyPolicy (collectively referred to herein as the "Agreement") shall be binding on the User. By clicking the "I Agree"/ "Submit" button in the PaySay app or by using the PaySay Services on the PaySay website, User hereby agrees to be bound by the Terms and Conditions of Service set out hereunder for availing of the PaySay Services and also the policies mentioned herein and to any modifications, amendments orupdates made to the said Agreement.

PaySay operates as a deferred payment option and operates in association with other financial institutions, e-commerce merchants ("PaySay Partners") and merchant partners ("PaySay Services").. The User isrequired to sign up and register with PaySay through inter alia, the PaySay Mobile Apps, ("PaySayApp"), and the PaySay website at www.paysay.in ("PaySay Website", and collectively with thePaySay App referred to as the "PaySay Platform") to avail the PaySay Services and to obtaininformation about PaySay including but not limited to offers, policy, schemes etc.. The general termsgoverning the use of the PaySay Platform are set out herein. Please note that there shall be additionalproduct and transaction specific terms and conditions applicable to the PaySay Services.

Users are required to read, review, understand and agree to the terms hereunder for using or availing of the PaySay Services, Every User shall ensure that no third party uses its account on the PaySay Platform,and that such User uses the PaySay Services only for its own account and for its own benefit. Users shall bepermitted to avail of the PaySay Services including the User Account only after reading the terms herein and in the policy documents set out hereunder and after accepting the same.

Definitions

Capitalised terms used herein but not defined above shall have the following meanings:

““Credit Information” means collectively the Credit Information Report and Credit Score which shall be generated by Experian;

“CICRA” shall mean the Credit Information Companies (Regulation) Act, 2005 read with related rules and regulations and any amendment thereof.

“Experian” shall mean Experian Credit Information Company of India Private Limited

 "User Account" shall mean any account opened by a User with PaySay to avail of the PaySay Servicesin any form. 

“Credit Cycle” shall mean the time period between bill statement issued on user to user basis.

Information Collection, Use, Confidentiality, No-Disclosure and Data Purging

PaySay can only access your Credit Information as your authorized representative and shall use Credit Information for limited end use purpose consisting of and in relation to the services proposed to be availed by you from us on the Website. We shall not aggregate, retain, store, copy, reproduce, republish, upload, post, transmit, sell or rent the Credit Information to any other person and the same cannot be copied or reproduced other than as agreed herein.

The Parties acknowledge that the Credit Information provided to PaySay is solely the property of Experian and the user (as appropriate). We shall protect and keep confidential the Credit Information both online and offline and use best in class security measures in line with applicable laws. The Credit Information shared by You, or received on your behalf shall be destroyed, purged, erased or returned to Experian promptly either on the user seeks PaySay expressly to do so and/or seeks to revoke the consent OR if it is mandated or intimated by regulators. The relationship between you and the Parties shall be governed by laws of India and all claims or disputes arising there from shall be subject to the exclusive jurisdiction of the courts of Delhi, India.

Limitations on use of PaySay services

PaySay Services are provided subject to the application of the User being accepted and approved.

PaySay does not provide any warranty of any kind, either express or implied, in relation to the services provided by the PaySay Partners

PaySay Services are strictly available for use only within India. Any jurisdiction other than India is a prohibited jurisdiction ("Prohibited Jurisdiction"). Users are not permitted to use the PaySay Services in any Prohibited Jurisdiction. Any Prohibited Jurisdiction use will amount to a breach of this Agreement, and PaySay shallforthwith be entitled to terminate this Agreement or account of the user. Nothwithstanding, anything in case dues are to paid by the user for availing PaySay Partners the same have to be done.

PaySay may use third party service providers to render some or all of the PaySay Services, or for facilitating the same. User agrees to the use of such third parties, and hereby provides consent for collection,analysis, use, dissemination and retention by such third parties of any and all personal data, or and sensitivepersonal data and information, of the User. User shall be bound by the terms of service of such third parties tothe same extent as PaySay would be bound. PaySay shall however not be responsible or liable forany act, inaction, commission or omission by such third parties, including with respect to data protection, privacy,security practices, or compliance with applicable laws and regulations with respect thereto, including (but notlimited to) the Information Technology Act 2000.

PaySay reserves the right to modify or amend the terms herein, Users, who may decide to opt out of thePaySay Services at such time by intimating PaySay of such intention in writing after payment of dues or after curing any defect which he have to clear if he was still a user.

Continued use of the PaySay Services shall be deemed to amount to confirmation and acceptance ofthe modified or altered terms hereof.

The Parties agree that the terms set out hereunder are in consideration of good and valuable consideration, andshall be and are intended to be binding on both Parties.

Scope of services

The PaySay Services can be availed by using the pre-assigned credit limit that PaySay or adding money to the PaySay account(“PaySay Wallet”) has provided to the user at the time of the user signing upwith PaySay through its website and/or mobile app. Users can pay for the goods and services they haveavailed from the PaySay partners by using their credit limit, by way of scanning the relevant QR code at themerchant or by availing the merchants services directly within the PaySay app. Users are required to ensurethat their transactions with the PaySay Partner are for legal purposes.

PaySay account

User may open a User Account subject to the following conditions:

Opening of User Account.

User may complete the sign-up process on the PaySay Platform and create a User Account, as applicable,subject to the terms contained herein. shall comply with the procedures prescribed for opening the User Account,including providing a valid and subsisting email address and completing the verification process andproviding all requisite details and documents.

PaySay reserves the right to reject opening, registration or validation of a User Account on any grounds itdeems suitable, at its sole discretion, with due regard to legal and regulatory reasons.

Data Disclosures & Consent

User hereby allows access to and consents to PaySay availing of and using the personal data and sensitivepersonal data and information of the User including but not limited to:

Name, address, contact information identification documents and details contained therein;

Mobile numbers, geographic location and IP addresses from which the PaySay Services are being accessed;

Identity numbers and details of all equipment utilized to access or avail of the PaySay Services, includingdevices from which the PaySay Services are accessed; the device numbers, model and such or other detailsthat may be culled out through automated processes; IMEI, ISMI, operating system, device model, RAM, CPUand other details for computers and mobile phones, unique installation number, iCloud device or email id forApple products, fingerprinting details and other sensitive personal information required for allowing orcompleting the transactions envisaged herein, as PaySay's sole discretion.

PAN Number and Aadhar Number and accompanying details for authentication and bureau checks for users who are inclined to use the PaySay Services.

For assessing the user's creditworthiness (i.e. the confidence PaySay has in the user's ability and intent topay his dues/bills), PaySay may read, parse and analyse the users financial documents including but notlimited to the users bank statements, Insurance policies, Details of Investments, Details of existing loans andcredit cards, Income tax forms and Income tax receipts.

To make this document collection and sign-up process easy for the user, PaySay may request access toelectronically read, store and analyse the user's personal data stored in the users financial documents and obtainsuch documents through electronic means such as, but not limited to direct upload, getting documents over emailor by searching through the user's email accounts and email metadata. In doing so, PaySay may explicitlyask for a one-time read access to the users connected email accounts. If the users financial documents arelocked / require a password, the user consents to allow PaySay to unlock such documents. PaySay maytry to open such documents by guessing the password, or use techniques such as but not limited to cyclingthrough different combinations and checking against common passwords. In cases where the password followsa set rule, PaySay may generate such passwords by using the the postssets personal information such asbut not limited to PAN, Date of birth and Name. Additional details on how PaySay handles and stores theuser's personal data is detailed in PaySay's privacy policy, available on PaySay's websitewww.PaySay.in

PaySay may call upon User to furnish additional details and / or documents, either pursuant to governmentalor regulatory compliance or due to modifications in any terms contained herein. User hereby agrees andundertakes to comply with the same within the timelines prescribed.

An Aadhaar card must be provided by all prospective Users who are willing to opt for credit limit facility of GaaxyCard Service, as PaySay will use Aadhaar details to carry out verification procedures for each suchUser's identity and residence. However, PaySay may call for additional documents as well, at its discretion.

Acceptance of the terms herein shall be tantamount to acceptance of the Privacy Policy, and the terms containedtherein. Users are required to read, understand and affirm the Privacy Policy before accepting our Terms ofService.

PaySay may call upon User to furnish additional details and / or documents, either pursuant to governmentalor regulatory requirements, or due to modifications in any of the terms of this Agreement, the Privacy Policy. Userhereby agrees and undertakes to comply with the same within the timelines prescribed.

Verification and limit assignment process.

PaySay shall, at its sole discretion activate the User Account upon verification of the details provided andprovide the limit available only if it is confident in the user's repayment ability in such User Account.

Account activation does not entitle the user to any credit limit. Credit limit will only be provided after the completeKYC and necessary credit underwriting is complete. PaySay is not bound by a time limit in underwriting /giving credit to user. It may take as much time to underwrite a user's credit limit as much as it deemsnecessary. In the event of any factual inaccuracies or other problems with the details or documentation providedby a prospective User during this process, PaySay shall be entitled to forthwith terminate the User Accountwithout notice to the concerned User, and such User shall not be permitted to use the User Account or thePaySay Services thereafter. PaySay may call upon User to furnish additional details and / or documents, either pursuant to governmental or regulatory requirements, or due to modifications in any of theterms of this Agreement, the Privacy Policy, and PaySay is entitled to terminate existing User Accounts forcompliance with such requests for further details or information after due notice.

PaySay may, at its sole discretion, send to the User intimation of reasons for non-activation of a User Account. PaySay is not under any obligation, however, to provide such notice.

Only natural persons with a valid Indian PAN Card and an Aadhaar card may apply for a User Account and availof any part of the PaySay Services. Upon verification, if the PAN Card details furnished by a User are found tobe falsified, invalid or otherwise inaccurate, PaySay shall forthwith terminate the relevant User Accountwithout notice to the concerned User. However, termination of the User Account under the above circumstances shall not be deemed by the user as waiver of any dues or any cure which he had to clear if he/she was user. 

Existing Users may be called upon to comply with the verification process contained in this Agreement. In theevent of termination or deactivation of an existing User Account, Users shall be duly intimated by PaySay,along with reasons for such deactivation and the procedures for redress (if any). Delay in termination of such User Accounts shall not amount to a waiver of the mandatory information and documentary requirementscontained in this Agreement and in the AML Policy.

Credit Limit

The credit limit assigned to a user is provided by registered financial institutions such as Banks and NBFC's(Non-Banking Financial Company) with which it has an existing partnership to provide such credit.

PaySay is not a financial institution and does not lend any money or provide any credit limit on its own. Itmerely acts as a facilitator of credit, providing avenues for its user's to avail, spend, manage and repay their creditlimit. As such, the user agrees to be bound by the Terms and Service of the financial institution from which it hasreceived his / her credit limit in addition to the terms and service laid out here.

Terms of payment

User can use the PaySay Services upto the limit available in their User Account. PaySay on it’s own discretion and after obtaining prior consent of the user, shall increase the Credit Limit of the  User. Users shall be bound by the policies,rules and User Guidelines prescribed by PaySay periodically, the terms of which shall form part of thisAgreement.

Refund and Returns

PaySay works as a deferred payment option and doesn’t provide any refund of any services being offered. Except, explicitly being declared before proceeding with transaction. Any unsuccessful transaction/ failed transaction through PaySay shall be credited to PaySay account.

Any fees levied on the user including but not limited to commission, processing fees, enrollment in any specific service, charges on specific transaction are non refundable in nature, unless the said transaction fees was unsuccessful on the end of PaySay.

Re-Payment / Payment of dues

User understands that he is liable to pay for his spends done through PaySay's credit limit at the end of  his credit cycle. At the end of each credit cycle, PaySay will issue a bill to the user which shall mention the due date for the payment required. Payment must be done before the due date to avoid late charges and penalties. The list of all such charges and penalties is available in the 'Schedule of charges' available at PaySay's website www.paysay.in/mitc

User may pay their dues through any of the supported means including NEFT / IMPS / UPI / NACH / Net banking

User is hereby cautioned that PaySay does not accept any payments in cash and has not authorised anyperson whatsoever to accept any payments in cash. User is advised not to give cash to any person, irrespective of any representations that such person may make with respect to creating an account or depositing suchamounts with PaySay or with another User on behalf of such User. User is also hereby cautioned that eachUser Account is intended only for the use of that single User, and no other person.

Users are required to conduct all transactions in relation to the payment for their PaySay Services only  through their own, duly authenticated, and legally opened and maintained digital payment accounts in India. Allpayments shall be made in Indian Rupees (INR)

PaySay may offer the repayment facility for consideration in the form of transaction fees, as intimated to Userprior to completion of the transaction. User hereby agrees to make the payment of such transaction fees, onterms set out on the PaySay Website.

Any payments to be made by PaySay to any User in relation to any transaction entered into between Users (and facilitated by PaySay on the PaySay Platform) shall be made after all appropriate deductions andwithholding is made, as per applicable Law.

In case of default or late payment, PaySay reserves the right to use suitable means to collect dues includingelectronic and or physical communication to the user or user's approved contacts(references). 

Interest Free period

PaySay offers an interest free period of upto 45 days. The available interest free period shall varydepending on the exact date on which the transaction materialized and also on how many days areremaining in the existing credit cycle. The maximum interest free period is available on the first day of a creditcycle. 

Fees and charges

To facilitate payment to merchants outside PaySay's direct merchant network, PaySay may levy a convenience fee, the exact amount of which shall be calculated and communicated to the user at the time oftransaction.

All other fees and charges are listed on the PaySay's website: www.paysay.in  

Gold Transactions

Gold purchased using PaySay and it's partners cannot be used for trading. If the user has purchased anygold via PaySay Partners, PaySay reserves the right to sell his gold for recovery of unpaid dues in it’s discretion.

The proceeds from selling gold shall be credited to the user's PaySay account only.

Anti-money laundering

PaySay has zero tolerance towards use of any portion of the PaySay Services for or in connectionwith any illegal or unlawful purpose. Any such use of the PaySay Services by any User shall result inforthwith termination of the relevant User Account, and PaySay shall cooperate with governmental andregulatory authorities in the reporting and investigation of such actions (including by providing any informationand details that such User has provided to PaySay).

PaySay shall report all suspicious activities to the concerned authorities to ensure initiation of investigationand prosecution. Users are therefore strongly cautioned against misuse of the PaySay Services in anymanner for illegal activities.

User Guidelines

Users shall ensure strict compliance with the following user guidelines set out hereunder ("User Guidelines"):

Users shall ensure that they provide current, accurate, and complete information during the process of openingthe User Account, and shall ensure that all such information is updated immediately upon any change ofcircumstances, or when prompted to do so by PaySay.

User shall not divulge their account details to any third parties, including other Users. Users shall be solely responsible for ensuring the confidentiality and protection of the data pertaining to their User Account.

User Account is restricted for a single user only who has registered with PaySay in manner prescriber under the terms and condition and AML Policy (“Intended User”). Use of User Account is allowed for intended user and use by third party(including other user) is restrictly prohibited. Any attempt to open/ operate/ gain access user account is prohibited with or without the consent of the intended user of that account.

User shall be wholly responsible and liable for all activities that occur in relation to, or in connection, their UserAccount, irrespective of whether the User has personal knowledge or control in relation to such activities.

Users shall utilise the PaySay Services only for their personal purposes, shall not use any part of PaySay Services, for or in connection with any action or conduct which may amount to a violation of  anyapplicable Law. Users shall be solely liable for all consequences (whether under applicable Law or otherwise) ofany activities in connection with their User Accounts that contravene applicable Law in any manner whatsoever.

Without prejudice to the generality of the above, Users shall not use the PaySay services for any unlawfulpurpose, including but not limited to money laundering, terrorism or any other illegal activity. Users shall also notuse or avail of the PaySay Services to convert illegal or wrongful gains, including those from criminalactivities.

Users shall not use circumvention or obfuscating technologies to mask their IP addresses, or to hide transaction details, or attempt in any way to conceal or alter information or details that PaySay is entitled to ascertain,analyse, collect or retain under applicable Law, or in accordance with the terms of the Agreement, the PrivacyPolicy or the AML Policy. Users shall not create or distribute any technologies for such purposes, or provide anyassistance to any other person in any manner for such purposes.

Users shall ensure that true and correct details are furnished to PaySay including all information requiredfor the account opening process and the KYC process (both during User on-boarding and on an ongoing basis);transactional details and such or other information, details and clarifications that PaySay may require fromtime to time.

Users shall not make any misrepresentation in any communication to PaySay, or with respect to any information or details rendered to PaySay at any time, and shall not otherwise attempt to misinform or misguide PaySay in any manner. Users are hereby duly informed that PaySay shall share all such detailswith regulatory or legal authorities, as required under applicable Law, and the User shall be solely responsible forthe correctness and veracity of the contents thereof. PaySay shall have no liability whatsoever for anyinaccuracy or falsehood in any information, document or communication from a User.

User shall not misuse or abuse the PaySay Services in any manner. In particular, User shall not: Violatethese terms or the terms of the policies and guidelines prescribed by PaySay;

Upload or share any information belonging to another person which the User does not have any right toshare;

Impersonate another person, including any other User;

Infringe any patent, trademark, copyright or any other proprietary rights of PaySay or of third parties; Violateany law in India for the time being in force;

Deceive or mislead or communicate any information, which is grossly offensive or menacing in nature or aboutthe origin of messages containing such information;

Upload any information containing software viruses or any other computer code, files or programs designed tointerrupt, destroy or limit the functionality of any computer resource;

Do any act that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations withforeign states, or public order or causes incitement to the commission of any cognisable offence or preventinvestigation of any offence or insult any other nation;

Users shall bear all responsibility for maintaining the confidentiality of their account information, including UserName, password / PIN, safeguarding their User Accounts; undertaking / implementing reasonable securitymeasures to protect the same from malicious attacks or inadvertent losses and for any activity includingtransactions that are undertaken from the User Account.

PaySay shall take reasonable measures to ensure security of their infrastructure but shall not beresponsible or liable for any Loss arising due to breach or violation of third party infrastructure.

User shall be responsible for the confidentiality of the transactions in their account. Users have been duly notifiedthat their transactions are not anonymous and that transaction activity will be shared if called upon by anylegal, governmental or regulatory authority.

User shall notify PaySay through "support@paysay.in" immediately upon noticing any suspicious activity on their User Account, or any unauthorized use of the User Account or their password or login details, or any breach of security in relation to the User Account. PaySay shall not be liable for any Loss caused to the User as a result of such unauthorised use or access, if such Loss occurs pursuant to a failure to notify PaySay in a timely manner.

The above requirements are mandatory to ensure security of the User accounts and to ensure authenticityof the same. Failure to comply with any of the above shall amount to a material breach, which may result in suspension, cancellation and / or termination of the User account and PaySay shall be entitled to claim compensation for any Loss due to such material breach by a User.

User rights

Subject to compliance of the above User Guidelines, the User is entitled to the benefits of the PaySayServices;

PaySay shall take all measures to ensure the rendering of its services to User. PaySay shall however not beresponsible or liable for disruption or cessation of PaySay Services due either to Regulatory, Governmental or Judicial actions or technical issues or due to circumstances beyond their control.

Users shall bear all liabilities towards taxes, as applicable.

Do Not Disturb

The Do Not Disturb (DND) feature of PaySay allows its user to temporarily restrict PaySay fromreaching out to them or their references in connection of remainder of non-payment of dues with incomingvoice calls/ SMS/ e-mails/ in application notification/ push notification/ collection agent calls or by any othermeans, but it still allows the PaySay user to originate calls and receive mobile terminated SMS, fax and data calls. The DND feature is a paid feature and the price of availing DND varies from customer to customer.However, DND feature is limited to restricting any communication with the PaySay user by PaySay, itdoes not entitle the user to avoid his/her dues to reflect on CIBIL score.

Limitation of liability

PaySay shall not be liable for any Loss caused to the User due to any service or goods availed from any of thePaySay Partners.

Force majeure

PaySay services are offered only on the digital domain, which is subject to risks. PaySay shall not beliable for any Loss caused to the User if the same arises due to any Force Majeure event, including commissionsor omissions by third parties, forces of nature, offensive attacks on PaySay servers or on the personaldevices of the users, changes in applicable Law, or any Loss caused by conditions or events beyond thereasonable control of PaySay.

The above limitation on liability includes any Force Majeure event set out hereunder including acts of god;fire, act of terrorists, act of civil or military authorities, civil disturbance, war, strike or other labour dispute, interruption in telecommunications or Internet services or network provider services, failure of equipment and/orsoftware, other catastrophe or any other occurrence which is beyond reasonable control of PaySay;offensive attacks including virus attack, hacking, denial of service attack or theft of the personal devices of theUser resulting in Loss to the account.

PaySay shall not be liable for any Loss caused to User due to a data breach of confidential informationof the User, including of the User account details or User password, including when such breach has occurred due to the User sharing such details with third parties or due to the User's failure to follow reasonable duediligence. PaySay shall also not be liable or responsible for any disclosure by User of any User Accountdetails, including on account of a phishing attack or other third-party disruption.

"Force Majeure" shall mean and include any cause arising from or attributable to acts, or events, beyond thereasonable control of PaySay, including natural calamity, strikes, terrorist action or threat, civil commotion,riot, crowd disorder, invasion, war, threat of or preparation for war, fire, explosion, storm, flood, earthquake,subsidence, structural damage, epidemic or other natural disaster, calamity, attacks including through computerviruses, hacking, denial of service attacks, ransomware or other manmade disruptions or any law, orderenactment, statutory direction, legislation, regulation, rule or ruling of government or any court of law or of aGovernment or regulatory authority.

Indemnity

User shall indemnify and hold harmless PaySay, its representatives, affiliates and their respective directors,officers, shareholders, representatives and assigns (the "Indemnified Parties") against and in respect of any and all Losses(whether direct, indirect, consequential or otherwise) incurred or suffered by the IndemnifiedParties in any manner from or due to any failure or default by the User, to duly perform its obligations under thisAgreement and the terms contained herein or due to any material breach by User of the Privacy Policy.

These provisions shall survive the expiration or termination of this Agreement.

Intellectual property rights ("IPR")

Unless otherwise specified, all materials on PaySay App and Services are the property of PaySay andare protected under copyright, trademark and other applicable laws;

Users may view, print, and/or download a copy of such Materials on any single computer solely for your personal,informational, non-commercial use, provided you keep intact all copyright and other proprietary notices;

The trademarks, service marks and logos of PaySay and others used in PaySay and Services("Trademarks") are the property of PaySay and their respective owners;

The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this Websitebelong to PaySay;

User or visitor to our website or any persons using or viewing our Apps are strictly prohibited from copying, reproducing, publishing, republishing, circulating, modifying, uploading, transmitting, collecting and / ordistributing the trademarks and materials of PaySay in any form or by any means, whether manual or automated;

Any unauthorized use of such property will be in direct violation of copyright, trademark, and other applicablelaws and will result in criminal and / or civil legal actions and penalties;

Users shall not reverse engineer or disassemble any aspects of the PaySay App or PaySay Servicesfor any reason whatsoever. Any such action shall amount to violation of the PaySay IPR in and to suchsoftware;PaySay Services includes third party IP. PaySay does not own any rights to such third-party IP and is bound by the license terms for such IP. Users shall also be bound by the license terms andshall violate any third-party IP that resides on or is accessible through the PaySay Services.

Privacy

User data furnished to PaySay shall be subject to the terms of the Privacy Policy of PaySay, as periodically revised or amended. User is deemed to have consented to the Privacy Policy, by accepting theseterms.

User hereby consents to the collection, storage, use, sharing and disclosure of User's personal and sensitive personal information, as per the terms of the Privacy Policy. In the event that the User wishes to retract the consent herein furnished the User may do so by following the process prescribed for terminating thisagreement. Consent to the terms herein and those set out in the Privacy Policy are mandatory preconditions forcontinued use of the PaySay Services.

Confidentiality

User recognises that PaySay will be given and have access to confidential including sensitive personalinformation of the User. User hereby agrees and consents to use by PaySay of such confidential dataand information for their commercial use. PaySay shall take best efforts to keep such informationconfidential and not to disclose to any third parties except in the course of its business or for marketing, analyticaland for processing of such data. This limitation shall however not apply to (a). data already in the public domain;(b). furnishing of data in pursuance of a request from a legal or regulatory authority or order from a Court;

The provisions of this clause shall survive the termination of this Agreement.

Complaints and Grievance Redressal

Users may submit their complaints in relation to PaySay Services to PaySay at support@paysay.in. Such complaints may be either with respect to PaySay Services or any problems faced by Users in connection with their accounts with PaySay. PaySay shall revert, as soon as possible to such complaints.

Term & termination

User and PaySay agree and confirm the following terms for continuation, suspension, cancellation ortermination of this agreement.

This Agreement shall come into effect upon confirmation of the terms by the User herein and subsist tilltermination of the same upon any of the reasons set out hereunder ("Term").

PaySay reserves the right to suspend or terminate a User account for the following reasons("Termination").

PaySay shall be entitled to suspend, and after due verification, and its sole discretion, terminate a User Account immediately upon the occurrence or detection of any of the following:

Use of a User Account for any suspicious activities, or any activities that are not consistent with applicableLaw;

Failure of User to comply with the KYC norms contained in this Agreement;

Misrepresentations or misstatements by a User, or any inaccuracy, falsehood or misrepresentation in any of theinformation, documentation or details provided by a User;

Failure of User to update KYC details, when called upon;

Failure of User to comply with any of the terms of this Agreement, the Privacy Policy, and failure to rectify suchnon-compliance subsequent to a notice to this effect from PaySay; and

In addition to the above the following actions or circumstances shall give the right but not the obligation forPaySay to suspend and / or terminate a User Account:

Attempts to use in an unauthorised manner, or gain unauthorized access to, the PaySay Services or toanother User's User Account, or providing assistance to any other person's attempt to do so;

Attempts to overcome or circumvent any software security features on the PaySay Platform;

If PaySay has reasonable apprehension that User may be misusing the PaySay Services for anyunlawful activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, or if there are unaccounted for amounts retained in the relevant User Account, or if the User Account has been used for inordinately large transactions or transactions with an unclear or indeterminate purpose;

Failure to pay dues owed to PaySay including any commissions fees payable to it; or

If the User undertakes fraudulent transactions through the PaySay Services, or any unaccounted for or suspicious transactions, for which the User fails to provide suitable explanation despite service of notice byPaySay in this respect.

PaySay may also suspend and thereafter terminate any User Accounts for the following reasons: Technicalerrors or glitches resulting in suspension of PaySay Services, in part or full;

Any change in applicable Law;

If continuation of PaySay Services is difficult or impossible due to technical or operational issues or due tochange in the legal, regulatory or statutory provisions;

In the event of unexpected operational difficulties; or

Upon receipt of requests from governmental, regulatory, judicial, quasi-judicial or law enforcement authorities

Each of the instances set out above may be invoked to suspend and thereafter terminate this Agreement, or todirectly terminate this Agreement.

In addition to the above, this Agreement shall stand automatically terminated if either party (a). becomes insolvent; (b). makes an assignment for the benefit of its creditors; (c) files a petition for bankruptcy; (d) takessteps towards dissolution or liquidation; or (e) appoints a trustee or receiver for all or any part of its assets.

The terms of this Agreement, which by their very nature survive termination of this Agreement shall subsist. Without prejudice to the generality of the above, provisions pertaining to IPR, Confidentiality, Privacy, Indemnity,Limitation of Liability, Governing Law, Dispute Resolution and choice of jurisdiction shall survive termination orcancellation of this Agreement.

Process for Termination

PaySay may terminate the Agreement forthwith for any of the reasons set out above or first suspend theaccount pending verification and thereafter issue a communication of termination, where PaySay determined that it is practicable to do so. Each of the instances set out above may be invoked for instantaneoustermination or cancellation of the User Account. The onus of proving bad faith shall be on the User. In any eventdamages shall not exceed the amounts credited in the User Account, as on the date of suspension, cancellationor termination, whichever is earlier. User may terminate this Agreement with written notice to PaySay, butsuch termination shall only be effective once such notice is accepted and acknowledged by PaySay.

Consequences of Termination

Upon termination of this Agreement or earlier determination, the following consequences shall ensue:

The User Account and rendering of the PaySay Services shall stand immediately terminated. User shall notbe entitled to access or use the User Account or avail of any of the PaySay Services;

Parties shall be entitled to the rights and dues already accruing to them.

User agrees that PaySay will not be liable to User or to any third party for termination of the User Accountor any restriction of access to the PaySay Services.

Permissions and licenses granted to User under this Agreement shall cease immediately upon terminationof this Agreement, and the User shall not be entitled to any access to the User Account or the PaySay Services, or any rights or benefits in this respect, in any manner whatsoever.

User shall return to PaySay any of PaySay's IPR, or affirm deletion thereof immediately upon  termination of this Agreement.

Notices

Any notice or other communication provided for in this Agreement shall be sent only through electronic mail.User hereby agrees to receive electronic or any other form of communication and notifications from PaySay.Email messages sent over the Internet are not always secure and PaySay is not responsible or liable forreceipt of such communication by User. Once the email is dispatched by PaySay, it shall be deemed to havebeen served on the User. PaySay shall be deemed to have received communications from the User only upon actual receipt into the Inbox of the account of the person to whom such communication is addressed andacknowledged. PaySay shall not be liable or responsible for receipt of communications or for any damages incurred by the result of sending email messages over the Internet.

All communications to PaySay shall be at support@paysay.in. PaySay shall ensure that any changeor modification to the same is uploaded on the PaySay Website.

All communications to User shall be at the electronic mail address provided by User, as part of the KYC norms orvia App messages or SMS to the User's registered mobile number. User shall ensure that any change in theelectronic mail address or communication option is duly intimated to PaySay.

Governing law & jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India.

The parties agree to irrevocably submit to the exclusive jurisdiction of the courts in Delhi,  India for theresolution of any disputes arising from this Agreement or in connection therewith or pursuant thereto.

Assignment

This Agreement or any rights or obligations hereunder shall not be assigned by the User to any third partywithout the prior written consent of PaySay.

Successors

This Agreement shall bind and inure to the benefit of the parties, and their respective successors and permittedassigns.

Severability

The invalidity or unenforceability of any provision of this Agreement shall not in any way affect, impair or renderunenforceable this Agreement or any other provision contained herein, which shall remain in full force and effect.

This Agreement shall be considered divisible as to such provision, which is deemed to be invalid orunenforceable and the remainder of this Agreement shall be enforceable and binding on the Parties.

Waiver

No provision of this Agreement may be waived or changed except by a writing signed by the party against whomsuch waiver is sought to be enforced. The failure or omission by either party at any time to enforce or require strictor timely compliance to any provision of this Agreement shall not affect or impair that provision or any otherprovision in any way or the rights of such party hereof, to avail itself of the remedies it may have in respect of anysubsequent breach of that or any other provision.

Relationship

None of the provisions of this Agreement shall be deemed to constitute a partnership between the partieshereto and no party shall have any authority to bind or shall be deemed to be the agent of the other(s) in any way.

Modifications

These terms may be periodically reviewed and revised. The revised draft will be uploaded on the PaySayWebsite and will reflect the modified date of the terms. User is required to periodically visit the website and reviewterms and any changes thereto.

Continued use of the PaySay Services constitutes agreement of User to the terms contained herein and anyamendments thereto.

Credit Improvement Card (“CIC”)

CIC is an independent voluntary service offered by PaySay in association with NBFC, for benefiting its user to helping improve their credit score.

Procedure for enrolling as a CIC is mentioned below: -

Voluntarily opting for CIC Service by the user from PaySay Platform.

Payment of one time Non Refundable fees of Rs. 500 by the user.

Uploading requisite documents for KYC successfully.

Successful Execution of Agreement by the user. (Note: Read the agreement thoroughly before executing the agreement).

Terms and Condition of CIC (in addition to the terms mentioned in Agreement)

1.     CIC service is a one time non-refundable fees levied upon the user;

2.     CIC service is exclusive to the user and non-transferable in nature;

3.     CIC service once availed/purchased is valid for lifetime, subject to terms of termination;

4.     CIC service user have to deposit the same amount in PaySay Wallet in order to proceed with the transaction.

5.     PaySay acts as a deferred payment option, therefore, shall not be liable for any fraud, misrepresentation by the user.

6.     CIC service offered by PaySay is subject to change as per regulatory notification, order, practice etc.

7.     PaySay have the sole right to change/ modify/ amend or alter the terms and condition of the CIC service. Changes in CIC service shall be notified to the user. 

Termination of CIC

CIC service shall be terminated unilaterally, by the user upon closure of his PaySay Account.

CIC service may be terminated by user, (non-termination of PaySay Account) if they wish to cancel the service, it can be done through in application mechanism or raising a complaint through support@paysay.in.

CIC service is an active service, notwithstanding anything contained in the policy of PaySay.Once a user in enrolled in CIC service, in order to avail any new independent service. The user has to terminate the existing CIC service which he is currently enrolled in at the present.

CIC service can be terminated by PaySay unilaterally, in case the user is found to contravenes with applicable laws in India.

Any fraud/ misrepresentation/ unethical practice by the user, shall vest the power in PaySay or NBFC Partner to terminate include but not limited to agreement, CIC service, PaySay Account etc. 

What is the general cancellation policy for Products ordered from the PaySay store?

In an event where you'd want to cancellation any of the orders that you placed on our app; you should inform us within 24Hrs of placing the order or at the time of the confirmation call made to you. To cancel any order,email us at support@paysay.in

Once we process your cancellation request, the refund amount will be credited back to your PaySay credit card limit that you had used while placing the order. You will receive the refund amount within 3-4 working days.

No cancellation request will be accepted after the product is shipped and the refund shall also not be provided in that case.

In case you do not respond to the order confirmation call made to you, we'll cancel your order and process the refund amount

Return/Refund policy for Products ordered from the PaySay store?

There is no return or replacement option available once the order is shipped after taking the confirmation from the customer over the phone call.

At the time of delivery of the order, if you do not respond to the call made to you by the delivery guy to deliver the order and it's marked undelivered, we shall not process the refund.

You will have the option to return or exchange the product only in case of damaged or defective items as perthe below-mentioned conditions.

What to do if you receive a Defective/ Damaged item or not something which you ordered?

If you receive a defective product or a different product than what you had ordered, you should inform us within 24 hours of receiving the product by reaching out to us at support@paysay.in

If you receive a damaged product, notify us within 24 hours of receiving the products by emailing us at support@paysay.in, mentioning the issue, along with the pictures of the product and whether you want a refund, or a similar product, or a different product.

Only courier damages come under return, any damages or wear and tear happening after the product is delivered will not be covered under the return policy.

In order to process the return or replacement, the product should have its original packaging, original box, price tags, labels, stickers and invoice.

Note: Few points to consider.

To initiate the return process, email us at support@paysay.in with 24 hours of receiving the order.

The product should be in its original condition.

The product should be unused.

Please make sure to return the original invoice, box and price tags received with the product.

In case the returned product is found ineligible for a refund, we will send the product back to you and no refund shall be provided.

Replacements are subject to the availability of products.

Are there any processing fees for replacements or returns?

While there is no processing fee for returns or replacements, you will have to pay a different amount if you are requesting a replacement with a product that is priced higher than the price of the product you want to replace.

What are the modes of refund available after cancellation or return?

Once we process your request, the refund amount will be credited back to your PaySay credit card limit that you had used while placing the order. You will receive the refund amount within 3-4 working days.

If you cancel the order, Immediately after we process your request, you will receive the refund amount in your PaySay credit card limit within 3-4 working days.

In case of a refund, in how many days will the money be refunded?

Once we process the refund request, you will receive the refunded amount in 3-4 working days in your PaySay credit card limit.

In how many days will the product be delivered?

We try to deliver all our orders within 6-8 working days after taking the confirmation from you over the phone call.

Need to return an item, and know, how to arrange for a pickup?

Once you email us, you will receive a call from us in which you will be explained the return process. We will arrange for the pick-up of the item through our courier partners.

*There is no warranty available on any of the products available on the PaySay app.

All promotions, offers, coupon, schemes etc., shall be valid for a period of 7 (seven days) from declaration of such offers, coupon, schemes etc. unless contrary is provided in the said offers, coupon, schemes etc.

All the products are subject to availability and PaySay shall reserve the sole right to cancel/ process/ refund/ deliver the product in such promotions, offers, coupon, schemes.

Our mission at PaySay is to give easy access to daily use credit to everyone and enable financial freedom with dignity.

support@paysay.in

+91 9311661652