TERM & CONDITIONS
SAPNA TRADERS's Cashify Pay PLATFORM
SERVICES USAGE
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Cashify Pay website, and all associated sites, or the Sapna Traders mobile application or any similar platform (hereinafter collectively, the Sapna Traders Platform run by Cashify Pay,
Any of its affiliates (hereinafter collectively, Sapna Traders or Cashify Pay on any device and/or before availing any services offered by Sapna Traders on the Cashify Pay Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by Cashify Pay on the Cashify Pay Platform (hereinafter individually, and collectively,
The Sapna Traders Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Cashify Pay Services, whether offered by Cashify Pay or its affiliates.
ACCEPTANCE
By registering on, accessing, browsing, downloading or using the Cashify Pay Platform for any general purpose or for the specific purpose of availing any Cashify Pay Service, you agree to be bound by the single-sign-on ID (hereinafter TRANSFER) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Cashify Pay Service (hereinafter collectively, the T&Cs).
These T&Cs shall also include any additional or modified terms and conditions in relation to the TRANSFER or any additional or modified service-specific terms and conditions in relation to any Cashify Pay Service or any future service that may be offered by Cashify Pay on the Cashify Pay Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Cashify Pay Platform or availing any Cashify Pay Service or the TRANSFER, you automatically and immediately agree to all the T&Cs. If at any time you do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse or use the Cashify Pay Platform and immediately terminate your availing the Cashify Pay Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between you, being at least 18 years of age and an individual user of the Cashify Pay Platform or a customer or beneficiary of the Cashify Pay Services, and Cashify Pay.
All services are rendered by Cashify Pay through the Cashify Pay Platform under the brand name “Cashify Pay” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Cashify Pay, regarding your use of Cashify Pay’s digital services (which includes but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets), the semi closed wallet service, the marketplace service or any such other services which may be added on the Cashify Pay Platform and which will henceforth be a Cashify Pay Service, from time to time.
The Cashify Pay Services shall be used by you subject to your adherence with the T&Cs. As long as you accept and comply with these T&Cs, Cashify Pay grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Cashify Pay Platform and/or avail the Cashify Pay Services.
ELIGIBILITY
The Cashify Pay Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Cashify Pay from availing the Cashify Pay Services or accessing the Cashify Pay Platform. By accepting the T&Cs or by otherwise using the Cashify Pay Services on the Cashify Pay Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by Cashify Pay, or disqualified for any other reason, from availing the Cashify Pay Services or using the Cashify Pay Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement.
Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Cashify Pay reserves the right to suspend or permanently prevent you from availing Cashify Pay Services or using the Cashify Pay Platform.
OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply in order for you to avail specific Cashify Pay Services and to specific portions or features of the Cashify Pay Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Cashify Pay Platform or for any Cashify Pay Service offered on or through the Cashify Pay Platform, the latter terms shall control with respect to your use of that portion of the Cashify Pay Platform or the specific Cashify Pay Service.
Cashify Pay may make changes to any Cashify Pay Services offered on the Cashify Pay Platform, or to the applicable terms for any such Cashify Pay Services, at any time, without notice. The materials on the Cashify Pay Platform with respect to the Cashify Pay Services may be out of date, and Cashify Pay makes no commitment to update the materials on the Cashify Pay Platform with respect to such Cashify Pay Services. The following terms also govern and apply to your use of the Cashify Pay Platform, and they are incorporated herein by this reference:
Cashify Pay Platform Services, Participating Platforms
Cashify Pay services offers you the convenience, after a one-time registration any Cashify Pay Platform, to sign on (log in) to all web pages and online platforms operated by Cashify Pay or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time.
After successfully registering for the Cashify Pay Service, the user can log-in via each Participating Platform with his Cashify Pay access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations).
The Participating Platforms that offer the Cashify Pay as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Cashify Pay’s service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions.
These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Cashify Pay is solely responsible only for those content that it actually operates. For the Cashify Pay service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The Cashify Pay shall be owned and operated by Cashify Pay Solutions. for use on all Participating Platforms, by Cashify Pay or its affiliates. For the use of Cashify Pay’s service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the Cashify Pay service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the Cashify Pay service or to disclose them otherwise.
The user is obliged to inform Cashify Pay immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our Cashify Pay service (hereinafter the Cashify Pay Agreement). Our offer for the conclusion of the Cashify Pay Agreement is then affected by the fact that Cashify Pay sends the user a confirmation by e-mail, in which a confirmation link is included next to the user name and the password for the Cashify Pay Service.
By the user clicking on this confirmation link, the user accepts Cashify Pay’s offer, so that in this way the Cashify Pay Agreement enters into force. Conclusion of the Cashify Pay Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. Cashify Pay is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Cashify Pay) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.
COMMUNICATION POLICY
By accepting the T&Cs, you accept the following: 1. Cashify Pay may send alerts to the mobile phone number provided by you while registering with the Cashify Pay Platform for the TRANSFER service or on any updated mobile number subsequently provided by you on the Cashify Pay Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then you may not get the alert at all or get delayed messages.
2. Cashify Pay will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that you shall have received the information sent from Cashify Pay as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Cashify Pay Platform or availing any Cashify Pay Services. Cashify Pay shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Cashify Pay liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
3. The SMS/e-mail alert/push notification service provided by Cashify Pay is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that you observe any error in the information provided in the alert, Cashify Pay shall be immediately informed about the same by you and Cashify Pay will make best possible efforts to rectify the error as early as possible. You shall not hold Cashify Pay liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.
4. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Cashify Pay shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
5. You will indemnify and hold harmless Cashify Pay and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Cashify Pay or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
(i) misuse by you or improper or fraudulent information provided by you;
(ii) incorrect number or a number that belongs to an unrelated third party provided by you; and/or
(iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Cashify Pay and/or the SMS/e-mail service provider.
6. You will receive information via SMS, e-mail and phone calls regarding what Cashify Pay perceive to be of your interest based on your usage history and browsing history (which information may be shared by Cashify Pay with its affiliates). This includes providing information relating to offers, discounts and general information by Cashify Pay. In case you do not want such information, you have to explicitly ask to be excluded.
Use of Cashify Pay Platform
You understand that except for information, products or services clearly indicated as being supplied by Cashify Pay, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Cashify Pay cannot and does not guarantee or warrant that files available for download through the Cashify Pay Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements of Internet security and for accuracy of data input and output.
PROHIBITED CONDUCT
By accessing or using the Cashify Pay Platform or by availing Cashify Pay Services, you agree not to: 1. Violate the T&Cs; 2. 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 Cashify Pay Services, perform any other similar fraudulent activity or otherwise avail Cashify Pay
Services with what we reasonably believe to be potentially fraudulent funds; 3. Infringe our or any third party’s intellectual property rights, rights of publicity or privacy; 4. Use the Cashify Pay Services if you are under the age of 18 years without a parental sponsor or, in any event, use the Cashify Pay Services if you are under the age of 13 years old even with a parental sponsor and in accordance with applicable law; 5. Post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person; 6. Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature; 7. Refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to Cashify Pay; 8. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Cashify Pay Services and the Cashify Pay Platform or features that enforce limitations on the use of the Cashify Pay Services or the Cashify Pay Platform; 9. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Cashify Pay Services or Cashify Pay Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law; 10. Use the Cashify Pay Services or the Cashify Pay Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Cashify Pay Services or the Cashify Pay Platform in an automated manner; 11. Modify, adapt, translate or create derivative works based upon the Cashify Pay Services and the Cashify Pay Platform or any part thereof, except and only to the extent that that this is permissible by applicable law; 12. Intentionally interfere with or damage operation of the Cashify Pay Services or the Cashify Pay 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 with contaminating or destructive features; 13. Use any robot, spider, other automatic device, or manual process to monitor or copy the Cashify Pay Platform without prior written permission; 14. Interfere or disrupt the Cashify Pay Platform or networks connected to the Cashify Pay Platform; 15. Take any action that imposes an unreasonably or disproportionately large load on Cashify Pay’s infrastructure/network; 16. Use any device, software or routine to bypass the Cashify Pay Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Cashify Pay Services; 17. forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Cashify Pay Platform or to manipulate your presence on the Cashify Pay Platform; 18. Sell the Cashify Pay Services, information, or software associated with or derived from it; 19. Use the facilities and capabilities of the Cashify Pay Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others; 20. Breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs; 21. Provide false, inaccurate or misleading information; 22. Use the Cashify Pay Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Cashify Pay Platform, except and only as expressly provided in the T&Cs; 23. Avail Cashify Pay Services with what Cashify Pay reasonably believes to be potentially fraudulent funds; 24. Use the Cashify Pay Services in a manner that results in or may result in complaints, disputes, reversals, charge-backs, fees, fines, penalties and other liability to Cashify Pay, a third party or you; 25. Use the Cashify Pay Services in a manner that Cashify Pay or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules; 26. Take any action that may cause Cashify Pay to lose any of the Cashify Pay Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers; 27. Send automated request of any kind to the Cashify Pay Platform without express permission in advance from Cashify Pay.
TERMINATION; AGREEMENT VIOLATIONS
You agree that Cashify Pay, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Cashify Pay Services/Cashify Pay Platform and remove and discard on the Cashify Pay Platform all or any part of your account, your user profile, or your recipient profile, including your SSOID, at any time. Cashify Pay may also in its sole discretion and at any time discontinue providing access to the Cashify Pay Services, or any part thereof, with or without notice. You agree that any termination of your access to the Cashify Pay Services/Cashify Pay Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that Cashify Pay will not be liable to you or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Cashify Pay may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Cashify Pay Services/Cashify Pay Platform.
LIMITATION OF LIABILITY AND DAMAGES
In no event, Cashify Pay or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Cashify Pay Services, the Cashify Pay Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Cashify Pay Services, the Cashify Pay Platform (including any and all materials) or any reference sites/app/platform/service, even if Cashify Pay or a Cashify Pay authorized representative has been advised of the possibility of such damages. In no event, Cashify Pay or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Cashify Pay Services, the Cashify Pay Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Cashify Pay services, the Cashify Pay Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Cashify Pay, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Cashify Pay Service or the Cashify Pay Platform giving rise to the cause of action, or beyond or in excess Rs, 1,000, whichever is less. You acknowledge and agree that Cashify Pay has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Cashify Pay, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Cashify Pay. Cashify Pay would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Cashify Pay’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
INDEMNIFICATION
You agree to indemnify, save, and hold Cashify Pay, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) your use or misuse of the Cashify Pay Services or of the Cashify Pay Platform; (ii) any violation by you of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by you herein (iv) Contractors, agents and distributors indemnify all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to retailers and vice-versa. Cashify Pay reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Cashify Pay, including rights to settle, and you agree to cooperate with Cashify Pay’s defense and settlement of these claims. Cashify Pay will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
OWNERSHIP; PROPRIETARY RIGHTS
The Cashify Pay Services and the Cashify Pay Platform are owned and operated by Cashify Pay and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Cashify Pay Services and the Cashify Pay Platform provided by Cashify Pay (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Cashify Pay, all Materials, trademarks, service marks, and trade names contained on the Cashify Pay Platform are the property of Cashify Pay and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Cashify Pay or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Cashify Pay Services/Cashify Pay Platform. Except as expressly authorized by Cashify Pay, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Cashify Pay reserves all rights not expressly granted in this Agreement. If you have comments regarding the Cashify Pay Services and/or the Cashify Pay Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Cashify Pay, and shall assign to Cashify Pay, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
MODIFICATION OF THIS AGREEMENT
Cashify Pay reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Cashify Pay Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the Cashify Pay Platform, availing the Cashify Pay Services or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Cashify Pay Services/Cashify Pay Platform. For certain changes, Cashify Pay may be required under applicable law to give you advance notice, and Cashify Pay will comply with such requirements. Your continued use of the Cashify Pay Platform following the posting of changes will mean that you accept and agree to the changes.
NOTICE
Cashify Pay may provide you with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Cashify Pay Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Cashify Pay must be sent by courier or registered mail to Cashify Pay B350, WOODLAND COMPLEX, THANE, MAHARASHTRA (421003), India.
WAIVER
The failure of Cashify Pay to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Cashify Pay.
DISPUTE RESOLUTION
If any dispute, controversy or claim arises under this Agreement or in relation to any Cashify Pay Service or the Cashify Pay Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable Endeavour’s to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Cashify Pay may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either you or Cashify Pay may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to you or Cashify Pay (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Cashify Pay may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Cashify Pay. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
GOVERNING LAW AND FORUM FOR DISPUTES
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Cashify Pay must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
SEVERABILITY
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
