1. DEFINITIONS: In these Terms of Service (Terms & Conditions), unless the context indicates otherwise, the following words and phrases shall have the meanings indicated against them: The Company/Service Provider refers PayU Payments Private Limited, 9th Floor, Bestech Business Tower, Sohna Road, Sector-48, Gurgaon-122002, Haryana, India (which expression shall, unless it is repugnant to the subject or context thereof , include its successors and assigns). PayUBiz/Webfront means payment aggregator facilities offered by the Service Provider. The Site means https://webfront.payu.in/webfront/#/ Webfront Services are the Service Provider’s services of providing electronic connectivity with various Banks and financial institutions on the one hand and merchants on the other, thus facilitating e-Commerce/m-Commerce transactions between merchants, Users and various financial institutions for all kinds of payments. User refers to the customers who shall be accessing the Site/Webfront for making payments for the products/services provided by the Merchant Personal Information refers to the information about the User obtained by the Service Provider in connection with the Webfront Services. Instruction means any request or instruction that is received from the customer by the Service Provider through Webfront Services.
2. APPLICABILITY OF TERMS: These Terms mentioned herein form the contract between the User using the Webfront Services and the Service Provider. By applying for Webfront Services and accessing the service the User acknowledges and accepts these Terms of Service (Terms & Conditions). Any conditions relating to the customer other than these Terms will continue to apply except that in the event of any conflict between these Terms and such conditions, these Terms will continue to prevail.
3. APPLICATION FOR WEBFRONT SERVICES: The Service provider may offer Webfront Services to merchants and User at its discretion. The User would need to be Internet User or have access to the Internet. The Service Provider may advise from time to time the Internet software such as Browser, which are required for using Webfront Services. There will be no obligation on the part of the Service provider to support all the versions of this Internet software.
4. Webfront Services: The Service Provider shall endeavor to provide electronic connectivity with various banks and financial institutions on the one hand and merchants on the other, thus facilitating e-commerce/m-commerce transactions between merchants, Users and various financial institutions for all kinds of payments. These facilities shall be offered in a phased manner at the discretion of the Service Provider. The Service Provider at its sole discretion may also make additions/deletions to the Webfront Services being offered without giving any prior notices or reasons. The availability /non-availability of a particular service shall be advised through the web page of the Webfront Services or written communication or any other mode as the Service Provider thinks fit. The Service Provider shall take reasonable care to, ensure the security of and prevent unauthorized access to the Webfront Services using technology reasonably available to the Service Provider. The User shall not use or permit to use Webfront Services or any related service for any illegal or improper purposes. The User shall not attempt or permit others to attempt accessing the account information stored in the computers and computer networks of the BANK through any means other than the Webfront Services.
5. CYBER CRIME: The Internet per se is susceptible to various cyber-crimes like phishing, vishing (Voice phishing), SMSing (phishing through SMS), compromise of User's system security etc., that could affect Payment Instructions / other instructions to the Service Provider. Whilst the Service Provider shall endeavorto protect the interest of the Users, there cannot be any guarantee from such cyber-crimes and other actions that could affect Payment Instructions / other instructions to the Service Provider including but not limited to delay or failure in processing the instructions. The User shall separately evaluate all such risks and the Service Provider shall not be held responsible for the losses arising out of such cyber-crimes. The User understands that doing a Webfront transaction at a cyber-cafe/shared computer terminal is risky and shall avoid using the services of a cyber-cafe/shared computer terminal to do any Webfront transactions.
6. TECHNOLOGY RISKS: The site of the Webfront may require maintenance and during such time it may not be possible to process the request of the Users. This could result in delays and/or failure in the processing of instructions. The User understands that the Service Providerdisclaims all and any liability, whether direct or indirect, whether arising out of loss or otherwise arising out of any failure or inability by the Service Provider to honor any User instruction for whatsoever reason.
7. INFORMATION REQUIRED: The User shall be responsible for submitting necessary information as the Service Provider may require along with any request for any service under Webfront. If any request for a service is such that it cannot be given effect to unless it is followed up by requisite documentation, the Service Provider shall not be required to act on the request until it receives such documentation from the User.
8. AUTHORITY TO THE SERVICE PROVIDER: Banking transactions in the User's account(s) are permitted through Internet, only after authentication of the User-id and password of the User by individual Banks. The User irrevocably and unconditionally authorizes the individual Banks to access all his/her account(s) for effecting banking and other transactions performed by the User through the Webfront Services. The instructions of the User shall be effected only when such information is in accordance with the prescribed procedure. The User grants express authority to the Service Provider for carrying out the banking transactions performed/requested by him/her through Webfront Services. The Service Provider shall have no obligation to verify the authenticity of any transaction made by the User through Webfront Service or purported to have been sent by the User via Webfront Services, other than by means of verification of the User-id and the password. The display or printed output that is generated by the User at the time of operation of Webfront Services is a record of the operation of the Internet access and shall not be construed as the Service Provider's record of the relative transactions. The Service Provider's own records of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. The Service Provider may at any time without giving notice or reasons, suspend or terminate all or any of the Webfront Services or their use by the User.
10. ACCURACY OF INFORMATION: A User shall provide such information as the Service Provider may from time to time reasonably request for the purposes of providing the services. The User is responsible for the correctness of information supplied to the Bank through the use of Webfront Services or through any other means such as electronic mail or written communication. The Service Provider accepts no liability for the consequences arising out of erroneous/incomplete/incorrect information supplied by the User. If the User suspects that there is an error in the information supplied to the Service Provider by him/her, he/she shall advise the Service Provider at the earliest. The Service Provider will endeavor to correct the error wherever possible on a 'best efforts' basis. If the User notices an error in the account information supplied to him/her through Webfront Service, he shall advise the Service Provider at the earliest. TheService Providerwill endeavor to correct the error promptly and adjust any interest or charges arising out of the error.
10. LIABILITY OF THE USER: The User shall be liable for - Non-compliance of Terms of Service (Terms & Conditions) mentioned herein. If he/she has breached the Terms of Service (Terms & Conditions) or contributed or caused the loss by negligent actions such as the following: In disclosing or failing to take all reasonable steps to prevent disclosure of the User-id and/or password to anyone. Not advising the Service Provider within a reasonable time about unauthorized access to or erroneous transactions through the Webfront Services.
11. LIABILITIES OF THE SERVICE PROVIDER: The Service Provider shall not be liable for any unauthorized transactions in the account(s) through the use of Webfront Services which can be attributed to the fraudulent or negligent conduct of the User. The Service Provider shall not be liable to the User for any damages whatsoever whether such damages are direct, indirect, incidental, consequential and irrespective of whether any claim is based on investment or any other loss of any character or nature whatsoever and whether sustained by the User or any other person, if Webfront access is not available in the desired manner for reasons including but not limited to natural calamity, fire and other natural disasters, legal restraints, faults in the telecommunication network or Internet or network failure, software or hardware error or any other reasons beyond the control of the Service Provider. The Service Provider shall endeavor to take all possible steps to maintain secrecy and confidentiality of its customer account(s)/information but shall not be liable to the User for any damages whatsoever caused on account of breach of secrecy/confidentiality due to reasons beyond the control of the Service Provider. The Service Provider, for valid reasons, may refuse to execute any instructions placed by the User. The Service Provider will in no way be held responsible or liable for delay, failure and/or untimely delivery of SMS password and/or SMS Alerts due to but not limited to network congestions, network failure, systems failure or any others reasons beyond the reasonable control of the Service Provider or its respective service provider(s). Notwithstanding anything contained herein, where Service Provider has reason to believe that any transaction or marking of liens, have been fraudulently made (hereinafter referred to as a "suspect transaction"), Service Provider shall be entitled to withhold payment pertaining to such suspect transaction in accordance with regulatory laws relating to Money Laundering or otherwise. If Service Provider determines after due enquiry and investigation that the transaction is a valid transaction and not a suspect transaction, Service Provider shall release such withheld payment subsequently.
12. INDEMNITY: The User agrees to indemnify, hold harmless and defend BService Provider and its affiliates against any loss and damages that may be caused from or relating to Breach of Terms of Service (Terms & Conditions) mentioned herein. Improper use of the Webfront Services by the User. Any claims made by third parties arising from issues related to any failure, delay or interruption of the products and/or services as provided by the Service Provider's Webfront Services. The use of Webfront Services in any manner which violates the Terms of Service (Terms & Conditions) or otherwise violates any law, rule, conditions or regulation.
13. DISCLOSURE OF PERSONAL INFORMATION: The User agrees that the Service Provider or its respective service providers may hold and process his/her Personal/Technical Information on Computer or otherwise in connection with Webfront Services as well as for statistical analysis. The User agrees that the Service Provider may collect User system related information. The User also agrees that the Service Provider may disclose, in strict confidence, to other institutions, such Personal Information as may be reasonably necessary for reasons inclusive of, but not limited to, the following: For participation in any electronic clearing network. In compliance with legal and/or Reserve Bank of India's directive. For fraud prevention purposes.
14. AMENDMENTS: The Service Provider has the absolute discretion to amend or supplement any of the Terms of Service (Terms & Conditions) at any time, without prior notice. However the Service Provider will endeavor to notify the changes by posting it on the website or through advertisement or any other means as the Service Provider may deem fit which will be binding on the User. The existence and availability of the new functionalities/facilities/features will be notified to the User as and when they are made available. By using these new services, the User agrees to be bound by the Terms of Service (Terms & Conditions) applicable there for.
15. NON-TRANSFERABILITY: The usage of Webfront Servicesby a User is non-transferable under any circumstances and any consequences/liability pursuant to such usage shall be solely attributable to the User only.
16. PROPRIETARY RIGHTS: The USER acknowledges that the software underlying the Webfront Services as well as other Internet related software which are required for accessing Webfront Services is the legal property of the Service Provider/respective service providers. The permission given by the Service Provider to access Webfront Services will not convey any proprietary or ownership rights in the above software. The USER shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying Webfront Services or create any derivative product based on the software.
18. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS: The copyright, trademarks, logos, slogans and service marks displayed on the website(s) are registered/ unregistered intellectual property rights of Service Provider or of respective intellectual property right owners. Nothing contained on the website(s) should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any intellectual property displayed on the website(s) without the written permission of Service Provider or such third party that may own the intellectual property displayed on the website(s). Service Provider grants the right to access the website(s) to the User and use the Webfront Services in accordance with the Terms of Service (Terms & Conditions) mentioned herein. The User acknowledges that the Services including, but not limited to, text, content, photographs, video, audio and/or graphics, are either the property of, or used with permission by, Service Provider and/or by the content providers and may be protected by applicable copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of India and other countries, and the applicable Terms of Service (Terms & Conditions). The User should assume that everything he/she views or reads on the website (collectively referred to as "content") is copyrighted/ protected by intellectual property laws unless otherwise provided and may not be used, except as provided in these Terms of Service (Terms & Conditions), without the prior written permission of Service Provider or the relevant intellectualproperty rights owner. Any breach of the restrictions on use provided in these terms is expressly prohibited by law, and may result in severe civil and criminal penalties. Service Provider shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary) over and above all other remedies available to it, to protect its interests therein.Any breach of the restrictions on use provided in these terms is expressly prohibited by law, and may result in severe civil and criminal penalties. Service Provider shall be entitled to obtain equitable relief (including all damage, direct, indirect, consequential and exemplary) over and above all other remedies available to it, to protect its interests therein.
18. THIRD-PARTY LINKS: The Site may provide hyperlinks to websites not controlled by Service Provider and such hyperlinks do not imply any endorsement, agreement on, or support of the content, products and /or services of such websites. Service provider doesn't editorially control the content, products and /or services on such websites and shall not be liable, in any nature whatsoever, for the access to, or the inability to access to, or the use, inability to use or content available on or through such websites.