TERMS OF USE

In order to avail the Services, You must be registered with Easebuzz.

You shall provide Easebuzz with all the necessary documents as required by Easebuzz for successful identification, registration and verification.

By registering with Easebuzz, you agree to provide true, accurate, current and complete information, failing which, Easebuzz reserves the right to, at any point of time, reject the your registration and terminate his right to use or access the Website and/or avail the Services.

We may collect the following information:

1. Name, Trade Name, Brand Name, Legal Name, etc.

2. Contact information including but not limited to email address, identity proof, address proof required for the verification of your identity and/or ownership of a product/item.

3. Contract information including address, shipping and billing details and any other information provided by you while making any purchase on our website.

4. Demographic information such as postcode, preferences and interests.

5. Details of transactions you carry out through our Platform and of the fulfilment of your orders including but not limited to buying, selling and logistics information.

6. User Information, user activity, Sensitive personal data such as financial information including but not limited to details of credit cards, debit cards, bank account and know your customer (KYC) documents as per RBI regulations and other information as may be applicable.

7. Other information including but not limited to your IP address and standard web log information relevant to an application for our services.

8. Statistics on page views, computer sign on data, traffic to and from www.easebuzz.in as well as on our mobile applications on iOS and Android and response to advertisement when applicable.

9. Any other Information we consider necessary to enhance your experience on the Platform (collectively referred to as “Identifying Information”)

We hold your personal information on servers and by providing us with personal information, you consent to the transfer of your personal information to, and its storage on, our servers.

When you register with Easebuzz, a User Account shall be created, that is associated with Your username, password, and other such identifying information as provided by You.

We may use the Identifying Information for the following purposes:

1. For successful creation and verification of your account through banks and other third-party service providers.

2. To verify the legitimate existence of your business and operations.

3. To process and validate the authenticity of your business to the extent permissible by law.

4. To improve our products and services.

5. To resolve disputes, collect fees (if applicable), and to troubleshoot problems to make the website better for you.

6. To send a notification through SMS or email after each successful transaction.

7. For our marketing promotions within our company, upon your consent.

8. To periodically send promotional emails about new products, special offers or other information.

9. To compare for verification with third party service provider assisting us with the operations of the business of Easebuzz (such as fraud investigations, bill collection, affiliate and rewards programs).

10. We may share the information with our subsidiaries, joint ventures or other companies under a common control (collectively the “Affiliates”) that Easebuzz may have now or in the future, in which case they will honor this Privacy Policy.

11. We may share the information to a third parties in a good faith belief that such disclosure is reasonably necessary to:

    1. Take action regarding suspected illegal activities;

    2. Enforce or apply our terms and conditions and Privacy Policy;

    3. Comply with the legal process including but not limited to search warrant, subpoena, court order; Please note that we are not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that we receive.

    4. To protect our rights, reputation, and property or that of our User, Affiliates, or the public.

12. We may use the information in the aggregate to third parties relating to User behaviour in connection with actual or prospective business relationship with those third parties, such as advertisers and content distributors.

13. To improve our Services and to deliver a better and more personalized service to you.

14. We may use your Internet protocol (or IP) address which is a unique number assigned to your computer server or your Internet service provider (or ISP) to analyse user trends and improve the administration of the website.

15. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.

You shall be responsible for any action initiated through your User Account.

The Services may be used by You for making and receiving payments from/to third parties.

In order to enable You to use the Services, a URL with login credentials shall be communicated to You on your mobile number or email address and You irrevocably and unconditionally accepts sole responsibility for use, confidentiality and protection of said login credentials, including passwords, as well as all orders and information exchange added to the mobile/email account using the same login credentials.

Easebuzz reserves the right but shall have no obligation to verify the authenticity of the Transaction other than by means of verification of your basic KYC information.

You shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the information.

Easebuzz shall not be liable for any mistake or misuse of the services by either You or by any person authorized by You, or by any person gaining access to the services through You.

You agree that Easebuzz accepts all instructions originating from his account in good faith and in a manner consistent with commercially reasonable security standards.

You hereby agree to indemnify and hold Easebuzz harmless for direct or indirect losses sustained as a result of the disclosure of sensitive information by or through You.

You can receive payments from the customers or other payers or suppliers by

1. IMPS/ NEFT/ RTGS or

2. Credit/ Debit cards or

3. Netbanking and or

4. UPI both for collections and payables

5. Any other modes of payment through banks that may be accepted by Easebuzz from time to time under these Terms

On receiving the necessary details from the Banks, Easebuzz shall initiate the required payment to You/ Customers as instructed by Customer/ You.

Confirmation of the transaction performed using valid login credentials shall be conclusive evidence of a transaction being affected.

You shall be responsible to provide Easebuzz with the appropriate and current customer information.

In order to improve the security of the card transactions, and as per the RBI mandate, the sensitive data of the cards and cardholder making payments to You, shall be stored in the form of Tokens and you shall be responsible and accountable for any non-compliance of the guidelines of RBI in the event there is compliant of misuse of the storage of the credit Card data or Tokens as per the applicable laws.

In the event that the payment is in respect of a purchase of products by the Customer, Easebuzz does not hold the responsibility to ensure that the purchased products have been duly delivered.

In the event, wherein a Customer wishes to raise a complaint about any transaction, the same should be communicated to Easebuzz within 10 (Ten) days of such transaction.

A Chargeback shall mean a Transaction that is uncollectible and returned to the acquiring bank/ Easebuzz by customer or issuing bank for a refund to the concerned Customer due to any of the following reasons:

1. Any payment which the Customer refuses to honour or demands a refund because the Products purchased or the delivery there of, was not as promised or was defective, deficient, incomplete and/or unsatisfactory for any reason whatsoever, or that payment for the same has already been made.

2. Any payments by a Customer using the Services, which is returned by the acquiring bank for any reason whatsoever.

3. Any charge/debit arising out of any alleged hacking breach of security or encryption that may be utilized by Easebuzz/ Customer from time to time.

4. Any Transaction that is unsuccessful.

As a result of the rapid nature of movements of funds, once a payment has been initiated through the Services, it may not be possible to retract the same using the Services.

If the Customer wishes to attempt to chargeback/ retract a payment, he must notify the respective bank and Easebuzz immediately and provide all required information. Easebuzz does however guarantee that the payment will be retracted.

It may be possible to charge back/ retract a payment in case of a payment by debit/ credit card, if the instruction is given to the Customer’s bank and Easebuzz within the prescribed time. However, it would not be possible to do so in case of any other mode of payment.

In the event of a Chargeback situation arising in case of any Products purchased by a Customer or Payer, for which payment has not yet been made to You by Service Provider, You shall be advised by Easebuzz to resolve the issue with the Customer or Service Provider within 45 days and Easebuzz shall then settle the payment in accordance with the solution agreed upon by both the Parties.

In such event, if You are unable to arrive at a satisfactory resolution of the problem within a period of forty-five (45) days, Easebuzz/ Service Provider shall be entitled to make a direct credit to the disputing Customer’s account for the disputed amount. Such a debit to the Customer’s account and the direct credit to the disputing your account shall not be disputed in any manner whatsoever.

In the event of a Chargeback situation arising in case of any Products purchased by a User/ Payer, for which payment has been made to the Payee/User/Service Provider, the User/ Payer shall be advised to resolve the issue with the Payee/ User/ Service Provider within 45 days and shall then settle the payment in accordance with the solution agreed upon by the Parties.

Easebuzz shall not be responsible to make payments in respect of any Chargeback unless it has received the requisite amount from the concerned acquiring bank/ Service Provider/ Payee/User.

In the event that Easebuzz receives a Chargeback amount from the acquiring bank/ Service Provider/ You, Easebuzz is entitled to pass on the amount received to the User/Payer within 7 days of receipt.

In the event that the Parties have agreed that User/ Payer is entitled to Chargeback any Transaction, Easebuzz may, at its discretion, give effect to such Chargeback entitlement in any one or more of the following methods:

1. Deduction of the relevant amount or any part thereof from any amounts to the Payee

2. Billing the concerned Party for the relevant amount or any part thereof.

You hereby agree and understand that Easebuzz shall not be responsible or liable to process any refund/Chargeback after a period of 180 days from the date of the Transaction.

In the event that Easebuzz suspects, on reasonable grounds, that You or User has committed a breach of these Terms or any other agreement with Easebuzz or any act of dishonesty or fraud against Easebuzz/ any Service Provider, Easebuzz shall be entitled to

1. suspend all payment under these Terms;

2. deactivate/ suspend your User Account and disable your password; and

3. terminate User’s access to the Website or the Services; pending enquiries by Easebuzz.

User may cancel/ deregister his User Account at any time by sending an us email. Please note that once your Account is cancelled, Easebuzz reserves the right to refuse to return any data or information that may reside on its servers or other equipment.

Easebuzz reserves the complete rights to hold any pay-out to You/ User and also refund amounts based on complaints received from acquiring or issuing bank or any related person to the government of India which includes Cyber cell, Police, Reserve bank of India, SEBI, etc

In such cases the refunds shall be forcefully enabled on You/ User account back to the source account from where the transaction had initiated.

All content included in or made available through our website and the services associated with it, such as text, pictures, graphics, logos, button icons, images, audio clips, digital downloads or any other mode of data compilations belongs to us, and shall not be used by anyone without our consent in writing.

You shall prominently display, on the Merchant Website and in other online marketing materials if so requested, a statement/logo/image provided by Easebuzz.

You shall not extract and/or re-utilize parts of our Content without our express written consent.

You shall use the Payment Gateway Network only for the purposes of availing the agreed-upon Services.

You, your employees or your agents shall not use the Payment Gateway Network, in any form whatsoever, so as to design, realize, distribute or market a similar or equivalent software program and not adapt, modify, transform or rearrange the Payment Gateway Network for any reason whatsoever, including for the purpose, amongst others, creating a new software program or a derivative software program.

You shall not disassemble, reverse engineer, decompile, decode or attempt to decode the Payment Gateway Network, or allow the Payment Gateway Network to be disassembled, reverse engineered, decompiled or decoded, or to in any way override or break down any protection system integrated into the Payment Gateway Network.

You shall grant Easebuzz a non-exclusive, royalty-free, limited license to use, display and reproduce your trademarks, service marks and logos solely in connection with the marketing of the Payment Gateway Network to the public. You shall retain all intellectual property rights in such marks.

You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or third-party submissions or other proprietary rights not owned by you:

1. Without the express prior written consent of the respective owners.

2. In any way that violates any third party right.

The services are protected by copyright law as prevalent within the copyright laws. Any fraudulent or improper use shall lead to immediate termination of the account and shall be bound to legal procedures as per government norms.

You are not supposed to download or copy the content for any unauthorized use.

You shall also not store any information for any purpose whatsoever. Copying or storing any information without consent from the copyright holder is strictly prohibited.

Company may revoke your right to the services, at any time, at Company’s sole discretion.

Company reserves the right to require prior written consent before linking to the Website.

You hereby also agrees unconditionally that you shall undertake compliances to all applicable anti-corruption law (including but not limited to the provisions of Foreign Corrupt Practices Act, 1977, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto) which prohibits the User, its officials, representations, agents, or any other person associated with or acting on behalf of such User from giving, offering, promising to offer, receiving/ accepting or acting in any other manner so as to induce a payment, gift, hospitality or anything of value (either directly or indirectly) whether from within the country or from abroad to government officials, publics servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties or office bearers thereof or any other third party or person in order to obtain an improper commercial/business advantage of any kind.

Where any Personal Data is shared with You under or in connection with this Agreement, You shall:

1. at all times comply with its obligations under the Data Protection Law, in relation to all Personal Data processed by it in the course of performing its obligations under the Terms;

2. only process Personal Data: (a) to the extent necessary for the provision of the services to be provided under the Terms; (b) in accordance with the specific written instructions of Easebuzz; or (c) as required by any regulator or applicable law;

3. keep, and procure that its employees and agents keep, Personal Data confidential in accordance with the confidentiality obligations;

4. implement appropriate technical and organisational measures to maintain the security of such Personal Data and prevent unauthorised or unlawful access to, or processing of, or any accidental loss, destruction or damage to that Personal Data;

5. notify Easebuzz in writing without undue delay, and provide full cooperation in the event of, any actual, suspected or alleged theft, unauthorised use or disclosure of any Personal Data or loss, damage or destruction of Personal Data your possession or control; and

6. if intimated by Easebuzz, delete or return all Personal Data to Easebuzz on termination or expiry of your use of our Website, and delete all copies of the Personal Data (save to the extent that retention of copies is required by applicable law).

You shall, upon demand indemnify Easebuzz against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses that may be imposed upon, incurred by, or asserted against Easebuzz as a result of your non-compliance with Data Protection Law in relation to the Personal Data shared with/processed by You together with any interest, penalties, costs and expenses payable or incurred in connection therewith.

You guarantee and confirm that you shall not contribute to any content or otherwise use the Services in a manner that:

1. Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party.

2. Violates any law, statute, ordinance or regulation.

3. Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable.

4. Involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

5. Impersonates any person or entity, including without limitation any employee or representative of Company.

6. Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

Your IT systems and infrastructure are compliant with the mandates of PCI-DSS and Payment Application-Data Security Standard, as applicable to it.

You shall clear all the dues payable to Easebuzz before winding up your business operations and/or terminating the Payment Gateway Network or termination of relationship with Easebuzz.

You shall be solely responsible for the accuracy of all information and/or validity of the prices and consideration of the Merchant Services or any other charges in relation thereto, which are displayed on the Merchant Website.

You fully understand that Services are provided to you strictly on a non-exclusive basis and therefore nothing contained herein shall prohibit Easebuzz from rendering similar services to others, including your competitors.

The below list of clauses has to be followed while availing services at  https://easebuzz.in/

1. You shall not indulge into any racial or racist content or image in any form.

2. You shall avoid using any extreme content hurting any religious sentiments.

3. You agree not to post or publish any pornographic or sexually related content (including literature, imagery and other media, escort or prostitution services).

4. Child pornographic images or content will not be allowed.

5. Copyrighted media which includes unauthorized copies of books, music, movies or any other licenced or copyrighted materials are strictly prohibited.

6. Copyrighted software or unauthorized use of video, music files, graphic designs, fonts and images are strictly prohibited.

7. You agree not to use photos, images, counterfeit stamps, replicas or imitations of designer goods and other potentially unauthorized goods or materials.

8. You are not authorized to promote drugs or drug accessories on Easebuzz.

9. You are not allowed to promote pyrotechnic devices and hazardous materials which includes fireworks and related goods, toxic, flammable and radioactive materials and substances.

10. You shall not sell or promote regulated goods which include airbags, batteries containing mercury, Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides, postage meters, recalled items, slot machines, surveillance equipment and goods regulated by government or other agency specifications.

11. Any substance or material which are banned/ prohibited as per government rules and norms are strictly prohibited from being sold here.

12. You shall not offer mystery box or any other related products containing elements of surprise, such as mystery boxes, subscription boxes, blind bags, loot boxes, auction boxes, surprise gift experiences, surprise sales.

13. You shall not sell or promote Securities which includes stocks, bonds, or related financial products.

14. You shall not sell tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.

15. Job- or Job-related products are not allowed to be sold on easebuzz.in. Payments accepted in any form on the portal for job- or job-related products is strictly prohibited.

16. You shall not to sell or promote products related to marketing which includes Bulk Emails, Bulk messages. Eg: mails/messages sent via mail servers and/or Bulk SMS service providers.

17. You shall not to sell or promote gaming/gambling related products which includes lottery tickets, contests, sports bets, memberships/ enrolment in online gambling sites, and related content.

18. Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes is not allowed

19. Traffic devices which include radar detectors/ jammers, license plate covers, traffic signal changers, and related products are prohibited on our platform

20. Cryptocurrency or any digital currency trade is strictly prohibited on our platform.

21. Multi-level marketing collection fees is prohibited.

22. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India is prohibited.

23. Money laundering, bidding/auctioning websites/mobile applications are strictly banned on Easebuzz private limited.

24. Mailing lists is not allowed to be sold on our platform.

25. Bulk marketing tools which include marketing SMS, email or software promoting unsolicited email messages is prohibited.

26. Illegal goods or materials, products and services which promote any illegal act, gambling, material products are banned and prohibited

27. You cannot sell Government ID’s or documents which are not allowed by the government to be sold by third parties which may include fake ID’s, government passports, etc.

28. Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection.

29. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.

30. Live animals or hides/skins/teeth, nails and other parts etc. of animals.

31. Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.

32. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.

Easebuzz holds the right to remove any content or image from the services at any point of time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.

The Merchant must provide a complete description of its goods or services.

Merchant must provide sufficient details of their return, refund, and cancellation policy clearly on the Website to inform Customers of their rights and responsibilities, for example, in case they need to return goods.

If the Merchant has a limited or no refund policy, this must be very clearly communicated to Customers before the purchase decision is made, to prevent misunderstanding and disputes.

In the event that any Merchant is unable to support delivery of goods worldwide and restricts sales to within their own country or to a limited number of countries, based on delivery experience or import and export regulations, the same shall be communicated on the Merchant Website explicitly stating the countries and regions where delivery of goods can be made.

Merchant should ideally display the following on their Merchant Websites

1. Privacy statements

2. Identifiers that easily match the Website to the trade name of the Merchant.

3. A statement encouraging Customers to retain a copy of the transaction record.

These Terms and the other policies posted on our website constitute the complete and exclusive understanding and agreement between you and Easebuzz and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

The failure of Easebuzz to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.

It is solely your responsibility as a user that any information for the advertisement submitted by the advertiser on our website shall not be fraudulent, shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing.

Notwithstanding anything contained herein, Easebuzz does not directly get involved in the sale of products or offer services. Any claim for refund/return of any product or services needs to be raised with your, sellers or vendors directly.

This Agreement is to be read together, and in conjunction with the following documents, policies or agreements of Easebuzz:

1. Privacy Policy

2. Cookie Policy

3. Any Agreement, policy, terms and conditions that maybe inserted or amended by us from time to time.

We reserve the right to revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions.

You are solely responsible for reviewing these Terms from time to time.

We reserve the right to recover the cost or initiate legal proceedings for maliciously and fraudulently using our Platform for conducting any criminal activity or unlawful acts or omissions which are expressly and impliedly prohibited. It is understood that You have fully accepted and agreed to our disclaimer notice and the Terms with the legal liabilities constituted between us and our user.

In no event shall we be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that our website shall use reasonable efforts which are consistent with accepted practices.

There is no specific definition of force majeure under the Indian law. However, the Indian Contract Act, 1872 (the “Act”) contains two provisions which are relevant to Force Majeure and Act of God.

1. Section 32 of the Act deals with contingent contracts and inter alia provides that if a contract is based on the happening of a future event and such event becomes impossible, the contract becomes void.

2. Section 56 of the Act deals with frustration of a contract and provides that a contract becomes void inter alia if it becomes impossible, by reason of an event which a promisor could not prevent, after the contract is made.

It is further stated that by using the Website, you are deemed to have executed this Agreement electronically effective on the date you register your Account and start using our services.

Your User Account registration constitutes an acknowledgement that you are able to electronically receive, download and print this Agreement.

In connection with these Terms, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing.

If you withdraw your consent to receive such records and notices electronically, we will terminate your access to our Website, and you will no longer be able to use the Services.

1. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.

2. It will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.