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Terms & Conditions

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Companies of all sizes trust us with their information, placing a big responsibility on our platform. Protecting your data is paramount, which is why we check every aspect of our products and services -- pre-launch -- to safeguard your privacy and security.

Terms And Conditions

We ask that you carefully read these general terms and conditions ("Terms of Use" / "Terms of Service" / "Terms") before using our platform or any of its services ("Services"). The "Jackpay Platform" or "Platform" consists of our website, mobile application, API, and other properties that are owned and operated by Jackpay Private Limited, an Indian company. These Terms govern your use of those assets and are legally binding.

These Terms form a legally binding contract between you and Jackpay. These Terms supplement, not replace, any other terms stipulated from time to time by Jackpay. If these Terms conflict with any other terms, these Terms will take precedence. Throughout this document, we use the terms "we" and "our" to refer to Jackpay and "you" and "your" to refer to you, the Platform User. Both Jackpay and the User are referred to as "Parties" collectively and singularly.

These Terms and Conditions refer to and incorporate our Privacy Policy. We reserve the right, at any time, to revise these Terms, update the platform, and modify the Services to improve your experience on our platform and reflect changes in Applicable Law. If you do not agree with any changes we make, you may stop using our Services.

Acceptance

Please carefully read these terms and conditions. When you register for the platform, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge reading and agreeing to our Privacy Policy. You represent that by registering to use the platform, you have provided us with valid credentials for verifying your identity. If you violate these Terms, your access to the platform may be restricted, suspended, or terminated at any time. You may be monitored on the platform for your account's security and to improve your overall experience.

Eligibility

Jackpay provides its services to anyone with an email address and a mobile phone number in India. Only legally competent individuals may access/use the platform to enter legally binding contracts under the Indian Contract Act. We cannot provide services to users who have been suspended or removed from any Jackpay service. It is prohibited for users to impersonate others or to falsely state or misrepresent their identity, age, or affiliation.

Users Include:

  • All body corporates.
  • Partnerships.
  • Limited liability partnerships.
  • Other entities use the Jackpay Platform to access the Jackpay services.

General Terms And Conditions

Users are subject to the following General Terms and Conditions when using Jackpay:

Information Supplied To Jackpay

The user agrees to provide true, accurate, current, and complete information on registration and at all other times to Jackpay.

Security Of Account

The user's email address and cellphone number serve as the unique identifiers for their accounts with Jackpay, which are used to access Jackpay services ("Account"). Jackpay strongly advises users to pick a strong password to protect their accounts. Users are advised not to write down or tell anyone their passwords. Jackpay or its service providers will never ask users for their account passwords or any other private information. Suppose the user has any reason to believe that the security of his account has been compromised. In that case, the user must immediately change the Account password and release Jackpay from all obligations resulting from the misuse of such User's Account.

Privacy Policy

The privacy policy of Jackpay applies to personal information about Users that is gathered while Jackpay is providing its services, as well as information gathered by Merchants and Digital Channels while Jackpay is performing the terms and conditions of this agreement or any applicable agreement.

Reclaiming Inactive Accounts

If a user's account has been dormant for an extended period, Jackpay may recover the account without notifying the affected user beforehand. The account is deemed inactive if a User hasn't checked in for more than six months or completed any transactions.

Third-Party Sites, Products, And Services

The Jackpay services and the Site may contain mentions of or links to other websites or services ("Reference Sites") solely for the benefit of the Users. Jackpay does not endorse any of these Reference Sites or the information, materials, products, or services they make accessible directly or indirectly.

All communications or transactions between the user and the Reference Site are private and confidential. Reference Sites, as well as the data, materials, goods, and services made accessible on or via Reference Sites, are exclusively at the user's own risk.

Communication Policy

The user acknowledges and accepts that:

To fulfill your request or provide for the needs of your account, Jackpay may send you transactional or non-transactional business messages via SMS, Email, or Push notifications. Even if a user unsubscribes from marketing messages, Jackpay may still send them transactional and important emails.

Jackpay SMS, email, or push notifications may send transactional or non-transactional business communication to complete the user's request or provide for your account. A user may still get transactional and significant communications even after rejecting marketing messages from Jackpay.

The Jackpay Platform will make every effort to provide notifications, and it will be deemed that the user has received any information provided by the Company when accessing the Jackpay Platform or using any Services. It is not the website owner's responsibility Jackpay to confirm the identification of the person or persons receiving the warning. In no way is the Company liable to the user if any notification service is unavailable.

Limitation Of Liability

The agreement will not include any special, indirect, incidental, consequential, punitive, or exemplary damages of any kind suffered by Jackpay or its directors, agents, officers, or employees as a result of or connected to this, including without limitation lost business opportunities, lost revenues, loss of anticipated profits, or any other monetary or non-monetary losses or damages.

  • The use of, or inability to use, (WEBSITE NAMEservices, )'s the Site, or any Reference Sites, even after Jackpay or a duly authorized representative has advised of the possibility of such damages, or any other agreement entered into by a User with Jackpay, (WEBSITE NAMEservices, )'s the Site or any Reference site.
  • Any unauthorized access to or manipulation of transmissions or data, any content or data transmitted but not received,
  • Any activity was taken by a third party, including any transaction, behavior, or violation of another person's rights and using fake or stolen cards or device transactions employing phony digital currency.

Any transaction may be undone at (WEBSITE NAME'S) sole discretion, with the service provider's consent. Despite the preceding, any liability for indemnification of a concerned User by Jackpay or its directors, officers, or employees shall not exceed the amount paid by the concerned user, if any, for using the portion of the Site or the services of Jackpay, as applicable, that gave rise to the complaint.

Based on the guarantee, disclaimers, and liability restrictions, Jackpay has made its products and services available, established its prices, and entered into these Terms of Use and the applicable Agreement.

The warranties, disclaimer, and liability restrictions in this agreement reflect a reasonable and equitable division of risk between Users and Jackpay, and they are crucial elements of the contract between Jackpay and Users. Without these limitations, Jackpay would not be able to offer Users the services on a commercially reasonable basis.

Users acknowledge that Jackpay or the Service Providers have the right to refuse authentication and authorization of transactions placed by Users for any reason, including but not limited to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management, suspicion of fraudulent transactions, selling of restricted or forbidden items, use of cards or bank account numbers that have been compromised, use of banned/blocked cards or bank account numbers, and use of cards or bank account numbers that have been compromised.

As a safety precaution, Jackpay and the Service Providers may, in their sole discretion, block any card number, account number, group of cards, or transaction from any blocked or blocked cards or accounts, particular IP addresses, devices, geographical locations, or any other risk mitigation measures the Company chooses to implement, permanently or temporarily.

Jackpay and the Service Providers may at any time restrict the size, amount, and monthly volume of transactions to manage risk. Jackpay will consider various factors before making a decision solely up to us.

Fraudulent Transactions

The user will be informed if Jackpay learns from the bank that a customer has reported an unlawful debit/chargeback of the customer's payment instrument ("Fraudulent Transaction"). The user has one day to submit any documents and information related to the Chargeback-related Transaction (or another period as determined by the bank).It is acknowledged and consented to by the user.

Should the user be unable to supply Chargeback Documents:

The bank has the right to direct the Jackpay to reverse the debit of the chargeback amount associated with the chargeback so that the money be instead credited to the customer's payment instrument if it is dissatisfied with the chargeback papers provided by the user.

While the Service Providers are conducting questions, investigations, and a resolution, the user, after the Transaction settlement, Jackpay may also suspend the settlement of the amount in dispute or hold the value of the transaction in question.

Any disputes relating to a fraudulent transaction that the user has previously addressed will be handled by any notifications, circulars, or rules that may have been issued in this regard by regulators or service providers in the past.

Users agree and recognize that they are responsible for paying any fees, fines, or charges levied against them by banks, card networks, or governmental organizations due to unauthorized transactions.

The user also understands and accepts that the following Jackpay will result in the applicable fee. Jackpay may issue a debit note to the user requesting payment if the available Transaction Amounts are inadequate to cover the Chargeback Amount. The user shall pay the Chargeback Amount within three working days of receiving the debit notice.

The parties acknowledge and agree that the user is responsible for and liable for any payment instructions for Transactions accepted by the user by the terms hereof that are later disputed, whether they result from (a) the user authorizing any transactions with an amount greater than the user's account balance or credit limit or (b) the user authorizing a fraudulent transaction.

Jackpay acknowledges and agrees that it is not liable for any unauthorized transaction carried out by anyone, including a third party, that constitutes an infringement of another's rights or for any chargeback claims made by customers. This is true even though it acts as a facilitator for the payment processing services requested by Users.

Users are in charge of safeguarding their safety whether they are conducting business online or offline. Jackpay will aid Users in resolving any issues that might arise between them and their clients regarding the Services. Any issues or inquiries about payments made by customers to the website Jackpay are not the responsibility of the website.

Security Of Your Account

The Information Technology Act, 2000, and the statutory rules framed thereunder, as amended from time to time, shall be complied with by the user insofar as they apply to its operations by these Terms of Use. The user shall also comply with all other laws, rules, and regulations about data security and management, data storage, sharing, and data protection, whether already in effect or which may be enacted from time to time.

The user declares and guarantees that it won't act illegally or immorally. Furthermore, it must ensure that any financial information or other information obtained by the user is stored on a system that is only accessible from India. This information must include complete end-to-end transaction details, including information gathered, transported, and processed as part of the message or payment instructions.

The user further comprehends and agrees that the account balances that Users have on the Jackpay Platform are not subject to interest and will be forfeited by Jackpay if they are found to have been inactive for some time longer than 365 days.

User's Representations And Warranties

The user affirms and guarantees that:

The applicant has been given a complete and adequate chance to read, study, assess, and research the performance of the applicable agreement, as well as the accompanying financial needs and risks.

It is the responsibility of Jackpay to obtain all consents and approvals required by regulatory or governmental authorities, including any consent required by customers to transfer data to the User and Jackpay Platform by Applicable Law, if Jackpay becomes aware of any violation or potential violation of these Terms of Use or of any other circumstances that may harm (WEBSITE NAME )'s goodwill and reputation, as the case may be.

It shall be solely accountable for and hereby agrees to strictly abide by the Privacy Policy and all applicable laws having jurisdiction in connection with the performance of its obligations under the applicable agreement, including but not limited to data protection, security, piracy, and directives issued by regulators relating to payment data. It shall also obtain and maintain in full force and effect all registrations required by applicable law for the applicable activity Jackpay.

It is prohibited to access, acquire, copy, or monitor any portion of the Jackpay Platform, reproduce or obstruct its navigational structure or presentation, or use any deep links, page scraping, robots, spiders, or other automatic devices, programs, algorithms, or methodologies, without the prior written consent from Jackpay Jackpay.

It must not attempt to gain unauthorized access to any portion of the platform, any other systems or networks linked to the platform, a server, computer, network, or any services provided via the platform through hacking, password mining, or any other illegal means.

Indemnification

By using this service, you consent to release Jackpay, its affiliates, contractors, employees, officers, directors, agents, and third-party suppliers, licensors, and partners from any claims, demands, actions, suits, or proceedings that may be brought against or threatened against them Jackpay. Additionally, against all fees, charges, liabilities, losses, and expenses resulting from or connected to:

  • Misuse by users of the website/application or services offered by Jackpay
  • If a user disregards the terms and conditions or the applicable agreement,
  • If the user violates any of the claims, warranties, or covenants made in the applicable agreement or these terms of use,
  • Any claim, legal notice, or quasi-legal processes that Jackpay may be obliged to enter into or to which Jackpay may be subjected by anyone, including any governmental entity, due to a violation of any Applicable Law, ought to be avoided.
  • Due to a User's failure to obtain any legal or regulatory authorization necessary for it to fulfill its duties under Jackpay,

As the Company's collection agent, Jackpay is liable for any liability, claims, damages, costs, or expenditures resulting from any conduct or omission by the user that violates Section 269ST of the Income Tax Act of 1961.

Jackpay reserves the right, at the user's expense, to assume the exclusive defense and management of any matter, including the right to decide whether or not to resolve it Jackpay. The user agrees to help Jackpay defend and resolve these claims. Jackpay will use reasonable efforts to notify the user of any claim, action, or process brought by a third party covered by the indemnity above.

Disclaimer

To the fullest extent permitted by Applicable Law, Jackpay and its officers, directors, employees, and agents hereby expressly disclaimed all express and implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Any guidance or knowledge a User may acquire from Jackpay, its services, or the Site will not constitute a warranty unless expressly stated above. Users should not rely on warranty statements made on our behalf because we do not have the authority to do so.

Users acknowledge that Jackpay is a reseller and is not liable for any third-party supplier's obligations. Any opinions, recommendations, goods, and other information made available through the Site or generally on the internet must be evaluated by the user for accuracy, completeness, and suitability.

Jackpay makes no promises on the reliability of its services, their lack of bugs, viruses, or other harmful elements, or the timely correction of any of the issues above. The (Jackpay services)' and the Site, along with any data, Information, third-party software, Reference Sites, or Software made accessible in conjunction with or through them, are provided "as is," "as available," "with all faults," and without any express or implied warranties or representations.

The Site and any Reference Sites are not warranted or guaranteed in any way by Jackpay or its third-party suppliers, licensors, or partners.

Intellectual Property

The Site and its services are owned and run by Jackpay and its third-party licensors. Numerous components of (WEBSITE NAMEservices )'s and the Site that it offers, including visual interfaces, graphics, designs, compilations, information, computer code (source code and object code), products, software, services, and all other components, are protected by applicable law. Users accept and concur that all Materials and Intellectual Property, as well as all Licensors and Suppliers connected to Jackpay, are owned by Jackpay Jackpay.

Neither party obtains any rights or interests in the other party's intellectual property by the provisions of the agreement between the Parties.

The Parties shall not, and shall not permit, the reverse engineering or disassembly of any part of the Intellectual Property of the other Party.

Concerned Users unconditionally and irrevocably surrender to Jackpay all rights, titles, and interests in any proposals and ideas, including all global intellectual property rights related to it Jackpay. The concerned user agrees to carry out the required deeds and execute the required paperwork to perfect the rights as mentioned above. Please email our Helpdesk at [email protected] with any feedback users may have on the products or services of Jackpay.

User agrees to:

The use of the Intellectual Property shall be limited to carrying out the obligations under the applicable agreement. The use of any Intellectual Property owned by a third party shall only be permitted with the prior written consent of that third party. The other party shall be notified of any infringement, passing off, registration, or attempted registration of the third party's Intellectual Property.

When necessary, they will support the opposing party in defending its intellectual property in all proceedings, including those before judicial bodies and administrative bodies. The Intellectual Property may not be utilized or used by any unauthorized person, and the Parties agree to avoid taking any action that will or may impair or create a right, title, or interest adverse to that of the other party in the Intellectual Property. The use or combination of the Intellectual Property with other marks is prohibited.

Consent:

The use of the Intellectual Property shall be limited to carrying out the obligations under the applicable agreement. The use of any Intellectual Property owned by a third party shall only be permitted with the prior written consent of that third party. The other party shall be notified of any infringement, passing off, registration, or attempted registration of the third party's Intellectual Property.

When necessary, they will support the opposing party in defending its intellectual property in all proceedings, including those before judicial and administrative bodies. The Intellectual Property may not be utilized or used by any unauthorized person, and the Parties agree to avoid taking any action that will or may impair or create a right, title, or interest adverse to that of the other party in the Intellectual Property. The use or combination of the Intellectual Property with other marks is prohibited.

Modification

These Terms of Use are subject to change at any time, and Jackpay retains the right to do so by posting a notice on the website or informing users of the change. The modifications take effect immediately for payment transactions started after the initial posting date and are regarded as accepted by Users after 24 hours. The user's sole and exclusive recourse if they object to any such alteration is to stop using the Services.

Confidentiality

The user is required to protect Confidential Information. The user certifies that it will only use Sensitive Information in connection with the transaction to which the Secret Information relates and that it will treat it with the same degree of security, secrecy, and care as it would treat its confidential information.

The user acknowledges and agrees that it understands the importance of maintaining the confidentiality of customer data, information, and transaction records and that neither it nor its employees, directors, or other representatives would take any action to compromise that confidentiality.

Confidential information shall not include any information that is: a) in the receiving party's possession at the time of disclosure and not subject to any other duty of confidentiality; b) becomes publicly known after the date hereof other than due to the receiving party's violation of these Terms of Use, or c) is made legally available to the receiving party and its affiliates or professional advisors on a non-confidential basis from any third party.

Without the Company's prior written agreement, a User agrees not to divulge any confidential information it gets to any third parties. Without the other party's permission, either party may disclose the information below:

It may disclose confidential information to its legal and professional advisers if it determines that they are reasonably required to receive it. It may disclose confidential information to its directors, officers, employees, affiliates/subsidiaries/group companies, and third-party service providers. Such information may need to be disclosed by law, judicial order, or governmental or regulatory directives party.

Without the Company's prior written agreement, a User agrees not to divulge any confidential information it gets to any third parties. Without the other party's permission, either party may disclose the information below:

It may disclose confidential information to its legal and other professional advisers if it determines that they are reasonably required to receive it. It may disclose confidential information to its directors, officers, employees, affiliates/subsidiaries/group companies, and third-party service providers. Such information may need to be disclosed in accordance with law, judicial order, or governmental or regulatory directive.

Termination

Without warning or incurring any liability to the user or any third parties, Jackpay reserves the right to suspend or terminate the user's access to the Jackpay Platform and Services.

  • The user engages in or is suspected of engaging in prohibited, illegal, fraudulent, or abusive activities;
  • The user violates these Terms of Use or any Jackpay policies;
  • And Whether or Not Jackpay Has Reason To Believe That The Information Provided By The User Is Incomplete, Accurate, Or False.
  • The suspension or termination of the user's access to the Platform and Services shall not preclude Jackpay from exercising any other remedy.

Rule Of Law

The Terms of Use shall be governed by the laws of India, without giving effect to any principles of conflicts of laws, and shall be subject to the exclusive jurisdiction of the courts of India.

Power Majeure

The Jackpay shall not be liable if circumstances beyond its reasonable control prevent it from fulfilling its obligations under these Terms of Use. However, if any such delay is less than ninety days, either party hereto may terminate the unperformed portions of these Terms of Use on ten days prior written notice. In the event of a force majeure, the Company shall notify the user in writing of the events causing the force majeure.

The Company's performance obligations will be extended by a period equal to the delay caused by the force majeure. Force majeure events include, among other things, acts of God, operational difficulties or disruptions, government orders or restrictions, hostilities, war or situations that could lead to one, mobilizations, blockades, embargoes, detentions, revolutions, riots, looting, strikes, labor stoppages, lockouts, or other labor issues, earthquakes, fires, accidents, epidemics, and pandemics.

Miscellaneous:

Any part of these Terms of Use determined to be unlawful, void, invalid, or unenforceable shall be modified or removed to the least extent necessary. The remainder shall continue in full force and effect.

Please Note:

These Terms of Use and any rights granted hereunder are freely assignable by Jackpay but not by the user. Any effort to assign in violation of this clause will be null and invalid.

Headings:

All headings used in these Terms of Use are included for convenience and do not limit or affect any of their provisions.

Notice:

Notices and messages may be sent to users via email, normal mail, posts on the Jackpay website(s), or any other practical method. Unless otherwise stipulated above, notices to the Legal Department shall be delivered by courier, registered mail, or fax.

Waiver:

Failing to execute or enforce any rights or sections of these Terms of Use, Jackpay will not be deemed to have relinquished those rights or provisions. Any waiver of these terms and conditions must be made in writing and signed by Jackpay.

Actions Taken By The Parties:

The joint venture, pooling agreement, partnership, agency, or any other formal business entity is not created or constituted by these Terms of Use. The User and Jackpay are independent contractors at all times and for all purposes. No Party shall conduct or seek to act in a manner that would constitute an agent or representative or create or attempt to create responsibility for the other party.