Terms & Conditions for PayAgent

The Access To And Use Of This Website Is Subject To The Following Terms And Conditions Of Use ("Terms"). Please Read The Terms Very Carefully As They Shall Apply To All Users Of This Website. A User May Opt For Services Through This Website Only If He Accepts And Abides By All Of The Terms. BRAINUM SOLUTIONS PRIVATE LIMITED/BRAINUM( Brainum Soft India/Payagent/CCRPAY) May Periodically Change These Terms Without Notice.

Definitions

For The Purpose Of These Terms, The Following Words And Phrases Shall Have The Meaning Assigned To Them Under This Article. "Services" Means The Service Provided By BRAINUM SOLUTIONS PRIVATE LIMITED And Service Providers To Users, Whereby A User Can make Payment To Suppliers, Beneficiaries Or Other Payees. That May Be Accepted By BRAINUM SOLUTIONS PRIVATE LIMITED From Time To Time In These Terms.

User

Shall Mean Any Person Who Is Boarded On BRAINUM SOLUTIONS PRIVATE LIMITED Platform For Using This Website And/Or Who Transacts Or Avails Of The Services Through This Website, To Make Payments To Third Parties. The Term "User" Shall Also Cover Such Personnel Of Any User Who Are Authorized To Avail Of The Services On Behalf Of The User.

Payee

Means Any Person To Whom A Payment Is Made, Using The Services, (And The Term Includes A User Who Uses The Services To Receive Payment).

Payer

Means Any Person Who Makes A Payment, Using The Services (And The Term Includes A User Who Uses The Services To Make Payment).

Products

Mean Any Services Or Products Which Are Purchased/ Offered For Sale By A User To Third Parties From Time To Time, Using These Services. Products Shall Not Include Those Banned Products And Services That Are Listed In Annexure A.

Service Provider

Means A Bank, Association, Facility Provider, Card Issuing Institution, Acquiring Bank, Other Financial Institution, Card Processor, Clearing House Networks Whose Facilities Or Services Are Utilized In The Provision Of These Services.

We process all bill payments through Infi Beam Avenues BRAINUM

Transaction

Means A Payment Instruction That Results In The Successful Transfer Of Monies (A) From A User To A Payee; Or (B) From A Payer To A User.

Transaction Amount

Means The Total Amount Payable/ Receivable By A User/Payee. This Amount Shall Include All Taxes, Charges, Interest, Delivery Costs, Commissions, Etc.

Eligibility

The Website And Services Are Intended Solely For Persons Who Can Form Legally Binding Contracts Under Indian Law And Who Are 18 Years Of Age Or Older. Any Access To Or Use Of The Website Or Services By Anyone Under 18 Is Expressly Prohibited. By Using The Website Or Services User Represents And Warrants That He Is 18 Or Older And Is Competent To Contract. User Also Agrees That His Payer/ Payee Is Similarly Competent To Contract.

A User Represents And Warrants That He Has Full Power And Authority For Using The Services And Is In Strict Compliance Of All Laws.

These Terms And Conditions As Accepted By User Shall Be Read Along With And In Addition To Any Terms And Conditions In Force From Time To Time And Issued By Any Service Provider. They Will Also Be Read In Conjunction With The Privacy Policy.

A User May Use The Services And This Website Only If He Accepts And Abides By All Of The Following Terms And Conditions.

Registration

In Order To Avail The Services, User Must Be Registered With BRAINUM SOLUTIONS PRIVATE LIMITED And The Service Providers. User Shall Provide BRAINUM SOLUTIONS PRIVATE LIMITEDWith All Such Documents As May Be Required. By Registering With BRAINUM SOLUTIONS PRIVATE LIMITED , User Agrees To Provide True, Accurate, Current And Complete Information Failing Which BRAINUM SOLUTIONS PRIVATE LIMITED May At Any Time Reject User’s Registration And Terminate His Right To Use Or Access The Website And/Or Services. When User Registers With BRAINUM SOLUTIONS PRIVATE LIMITED , A User Account Will Be Created, That Is Associated With User’s User Name, Password And Other Identifying Information. User Shall Be Responsible For Anything That Happens Through His User Account.

Use Of Services

The Services May Be Used By User For Making Payments To Third Parties.

 

To Enable The User To Use The Services, A Link With Login Credentials Will Be Communicated To The User On His Mobile Phone Or Email Address And The User Irrevocably And Unconditionally Accepts The Sole Responsibility For Use, Confidentiality And Protection Of Said Login Credentials, Including Passwords, As Well As For All Orders And Information Changes Entered Into The Mobile/ E Mail Account Using Such Login Credentials.

BRAINUM SOLUTIONS PRIVATE LIMITED Has No Obligation To Verify The Authenticity Of The Transaction Other Than By Means Of Verification Of The User’s Basic KYC Information. The User Shall At All Times Take All Appropriate Steps, Including Those As Mentioned Herein, To Maintain The Security And Confidentiality Of The Information. BRAINUM SOLUTIONS PRIVATE LIMITED Shall Not Be Liable For Any Mistake Or Misuse Of The Services By Either The User Or By Any Person Authorized By The User, Or By Any Person Gaining Access To The Services Through The User. User Agrees That BRAINUM SOLUTIONS PRIVATE LIMITED Accepts All Instructions Originating From His Account In Good Faith And In A Manner Consistent With Commercially Reasonable Security Standards. User Shall Indemnify And Hold BRAINUM SOLUTIONS PRIVATE LIMITED Harmless For Direct Or Indirect Losses Sustained As A Result Of The Disclosure Of Sensitive Information By Or Through User.,

On Receiving The Necessary Details From The Service Provider, BRAINUM SOLUTIONS PRIVATE LIMITED Shall Initiate The Required Payment To Payee/User/ As Instructed By User/ Payer.

Confirmation Of The Transaction Performed Using Valid Login Credentials Shall Be Conclusive Evidence Of A Transaction Being Effected. User Is Responsible To Furnish BRAINUM SOLUTIONS PRIVATE LIMITED With Correct And Current Payee Information. In The Event That The Payment Is In Respect Of A Purchase Of Products By The User/Payee, BRAINUM SOLUTIONS PRIVATE LIMITED Shall Not Be Required To Ensure That The Purchased Products Have Been Duly Delivered. In The Event A User Chooses To Complain About A Transaction, The Same Should Be Communicated To BRAINUM SOLUTIONS PRIVATE LIMITED Within 1 (one) Day Of The Transaction.

User Obligations

Each User Shall Be Responsible To :-

  • Furnish Correct And Accurate Information Of The Payee As May Be Required, On An Independent Basis;
  • User Shall Not Carry Out Any Activity, Which Is Banned, Illegal Or Immoral
  • Use The Services In Any Manner Or In Furtherance Of Any Activity, Which Constitutes A Violation Of Any Law Or Regulation Or Which May Cause BRAINUM  To Be Subject To Investigation, Prosecution Or Legal Action.
  • User Undertakes And Assures To BRAINUM  That Payments Shall Not Be Made In Respect Of Any Products Mentioned In The Banned Items List Set Out In Annexure A Hereto.
  • User Shall Act In Compliance With All Laws, Rules And Regulations And Shall At All Times Comply With The Guidelines Set By Service Providers.
  • User Shall Not Sell, Provide, Exchange, Or Otherwise Disclose To Third Parties Or Use Themselves (Other Than For The Purpose Of Completing A Transaction, Or As Specifically Required By Law) Any Personal Information About Any Third Party, Including The Account Details And Mobile Number, Without Obtaining The Prior Written Consent Of Such Third Party.
  • User Shall Take All Precautions As May Be Feasible Or As May Be Directed By SBRAINUM  To Ensure That There Is No Breach Of Security And That The Integrity Of The Link Between Their Systems/ Site, The Website And The Payment Mechanism Is Maintained At All Times. In The Event Of Any Loss Being Caused As A Result Of The Link Being Breached Or As A Consequence Of The Link Being Improper Or Being In Violation Of The Provisions Of This Clause, The Loss Shall Be To The Account Of The User And The User Shall Indemnify And Keep Indemnified BRAINUM  And The Service Providers From Any Loss As May Be Caused In This Regard.
  • User Shall Bear And Be Responsible For The Payment Of All Relevant Taxes (Including Any Applicable Withholding Taxes) As May Be Due.
  • A User Shall Not At Any Time Require Any Other User To Provide Him With Any Details Of The Accounts Held By The Other Users With Any Banks Including, The Passwords, Account Number, Card Numbers, Mobile Phone Numbers And PIN Which May Be Assigned To Them By The Banks From Time To Time User Shall Use The Information Regarding A Payee/ Payer (Including Name, Address, E-Mail Address, Telephone Numbers And Other Data) Conveyed To Him Whist Using The Services, Only For The Purpose Of Completing The Transaction For Which It Was Furnished, And Not To Sell Or Otherwise Furnish Such Information To Others Unless He Has An Independent Source Of Such Information Or Obtains The Express Consent Of Such Payee/ Payer.
  • A User Shall Inform BRAINUM  Of Any Change In His Email Address, Mobile Number, Address, Ownership Or Legal Status Or His Cessation Of Business In Writing 30 Working Days In Advance Of Such Change. User Shall Not Interfere With Or Damage The Website, Including, Without Limitation, Through The Use Of Viruses, Cancel Bots, Trojan Horses, Harmful Code, Flood Pings, Denial-Of-Service Attacks, Backdoors, Packet Or IP Spoofing, Forged Routing Or Electronic Mail Address Information Or Similar Methods Or Technology.
  • BRAINUM  Has The Right To Investigate And Prosecute Violations Of Any Of The Above To The Fullest Extent Of The Law.

 

Fees

In Consideration Of The Services Rendered By BRAINUM  To The User, The User Shall Pay To BRAINUM  A Fee That Is Agreed Upon In The Fee Schedule Defined In The Merchant Agreement or BRAINUM  website Or Proposed By BRAINUM  Over Email To The Registered Email Address.

BRAINUM  Shall Deduct Its Transaction Fees Plus Service Tax Per Successful Transaction And Make Payment Of Of The Transaction Amount To User/ Payee’s Designated Bank Account. All Other Taxes, Duties Or Charges Shall Be Borne And Paid By User, Unless Otherwise Agreed Between The Parties.  BRAINUM  Reserves The Right To Alter / Modify / Change The Discount / Commission Rate At Its Discretion

BRAINUM  Also Reserves The Right To Forthwith Revise The Transaction Fee Payable In The Event Of Any Revision In The Rates Charges By The Acquiring Banks Or Card Associations Or Guidelines Issued By The RBI From Time To Time.

It Is Hereby Agreed And Acknowledged By The Parties That The Transaction Fees Charged By BRAINUM  In Respect Of A Transaction That Has Been Confirmed Shall Not Be Returned Or Repaid By BRAINUM  To The User Or Any Other Person Irrespective Of The Transaction Being Rejected, Charged Back, Refunded Or Disputed.

Specific Terms

BRAINUM  is a payment processor for the client and does not have any control of the activities/actions of the business it is helping process payments for.

BRAINUM  Will Not Be Responsible For Any Disputes Between The Users And The Payers/ Payees, Including Issues Regarding Prices, Delivery, Non-Delivery Or Delay In Delivery Of The Products, Quality Of Products Or Otherwise. All Such Disputes Will Be Dealt With By And Between The User And The Payer/ Payee Directly, And BRAINUM  Shall Not Be A Party To Such Disputes.

BRAINUM  Cannot And Does Not Guarantee The Timings Of Any Payments Made Or Received As Such Timing Is Dependent Upon User’s Bank, Acquiring Financial Institution And Other Service Providers. BRAINUM  Assumes No Liability And Shall Not Be Held Responsible For Any Delays In Delivery Of Payment.

BRAINUM  Shall Not Be A Party To The Agreement Between The User And Any Payee In Any Manner Whatsoever. All Contracts Are Directly Between Users And Their Payees.

User Shall Be Responsible For Any Miscommunication Or Incorrect User/ Third Party/ Other Information That May Be Provided To BRAINUM  At The Time Of Enabling The Services For The User.

Any request from the bank or the legal authorities to block an account or mark a lien on any amount of the client will be passed on to the client and the lien of the said amount or unblocking of the account will only happen once cleared by the bank or by the concerned authorities

BRAINUM  / Service Provider Reserve The Right To Impose Limits On The Number Of Transactions Which May Be Charged On An Account During Any Time Period, And Reserve The Right To Refuse To Make Payments In Respect Of Transactions Exceeding Such Limit. BRAINUM  / Service Provider Also Reserve The Right To Refuse To Make Payments In Respect Of Transactions By Users With A Prior History Of Questionable Charges.

Security

Subject To The Provisions Stated Herein And As Specified By BRAINUM  From Time To Time, The User Will Not Hold BRAINUM  Liable In Case Of Any Improper/ Fraudulent/Unauthorized/ Duplicate/Erroneous Use Of His Mobile And/Or The Web Based Access. BRAINUM  Will Also Not Be Liable For Any Consequences Connected With The Use/ Misuse Of User’s Mobile/ E Mail Account By Any Third Party. If Any Third Parties Gain Access To The Services, The User Will Be Responsible And Shall Indemnify BRAINUM  Against Any Liability, Costs Or Damages Arising Out Of Such Misuse / Use By Third Parties Based Upon Or Relating To Such Access And Use, Or Otherwise.

The User Shall Be Fully Liable For: (A) Any Unauthorised Use Of His Mobile/ Email Account; And/Or (B) All Authorised Transactions On His Mobile/Email Account.

Without Prejudice To The Remedies Available To BRAINUM  And These Terms, BRAINUM  Shall Be Under No Liability Whatsoever To The User In Respect Of Any Loss Or Damage Arising Directly Or Indirectly Out Of:

Service Provider

Means A Bank, Association, Facility Provider, Card Issuing Institution, Acquiring Bank, Other Financial Institution, Card Processor, Clearing House Networks Whose Facilities Or Services Are Utilized In The Provision Of These Services.

  • any defect in any Products/Services supplied to them;
  • any inability of a third party to supply or deliver the required Products in the necessary numbers or types;
  • the refusal of any person (including a Service Provider) to honour or accept a payment;
  • the malfunction of any computer terminal or equipment;
  • the utilization of the Services by any person other than by the User;
  • any mis-statement, error or omission in any details disclosed to BRAINUM  .

Termination

If Either BRAINUM  Or Service Provider Suspects, On Reasonable Grounds, That A User Has Committed A Breach Of These Terms Or Any Other Agreement With BRAINUM  Or Any Act Of Dishonesty Or Fraud Against BRAINUM  / Any Service Provider, BRAINUM  Shall Be Entitled To (A) Suspend All Payment Under These Terms; (B) Deactivate/ Suspend Your User Account And Disable Your Password; And (C) Terminate User’s Access To The Website Or The Services; Pending Enquiries By BRAINUM  . User May Cancel His User Account At Any Time By Sending BRAINUM  An Email. Please Note That Once Your Account Is Cancelled, BRAINUM  Does Not Have Any Obligation To Return Any Data Or Information That May Reside On Its Servers Or Other Equipment.

Indemnity

User Shall Keep BRAINUM  Indemnified From And Against Any And All Liability (Including But Not Limited To Liabilities, Judgments, Damages, Losses, Claims, Costs And Expenses,) Or Any Other Loss That May Occur, Arising From Or Relating To Any Claim, Suit Or Proceeding Brought Against BRAINUM  By Another User/ Service Provider/ Third Party For Reasons Including, But Not Limited To (I) Delivery, Non Delivery Or Delay, Deficiency Or Mistake In Respect Of The Products Sold; (Ii) A Breach, Non-Performance, Non Compliance Or Inadequate Performance By The User Of Any Of The Terms, Conditions, Representations, Obligations Or Warranties Made By Him; (Iii) Any Acts, Errors, Misrepresentations, Wilful Misconduct Or Negligence Of The User, Or His Employees, Subcontractors And Agents In Performance Of Their Obligations Under These Terms.

The User Shall Comply With All Such Terms And Conditions As BRAINUM  Or Any Service Provider May Prescribe From Time To Time With Regard To The Services. All Transactions Effected By Or Through This Website, Shall Constitute Legally Binding And Valid Transactions When Done In Adherence To And In Compliance With The Terms And Conditions Prescribed By BRAINUM  Or Seller/ Service Provider.

Confidentiality

User Agrees Not To Disclose Or Attempt To Use Or Personally Benefit From Any Non-Public Information That He May Learn On The Website Or Through The Services. This Obligation Shall Continue Until Such Time As The Non-Public Information Has Become Publicly Known Through No Action Of Your Own. If You Are Compelled By Order Of A Court Or Other Governmental Or Legal Body (Or Have Notice That Such An Order Is Being Sought) To Divulge Any Such Non-Public Information, You Agree To Promptly And Diligently Notify BRAINUM  And Cooperate Fully With BRAINUM  In Protecting Such Information To The Extent Possible Under Applicable Law.

BRAINUM  May Access, Preserve And Disclose Any Of Your Information If Required To Do So By Law, Or If We Believe In Good Faith That It Is Reasonably Necessary To (I) Respond To Claims Asserted Against BRAINUM  Or To Comply With Legal Process, (Ii) For Fraud Prevention, Risk Assessment, Investigation, Customer Support, Product Development And De-Bugging Purposes, Or (Iii) Protect The Rights, Property Or Safety Of BRAINUM  , Its Users Or Members Of The Public.

Intellectual Property Rights

The Website Content And The Trademarks, Service Marks And Logos Contained Therein ("Marks") Are Owned By Or Licensed To BRAINUM  , Subject To Copyright And Other Intellectual Property Rights Under The Law And International Conventions. Such Website Content May Not Be Copied, Reproduced, Distributed, Transmitted, Broadcast, Displayed, Sold, Licensed, Uploaded, Or Otherwise Exploited Without The Prior Written Consent Of BRAINUM  .