Terms of use

Last updated on 20th January 2021.

The Terms and conditions contained hereinafter (“Terms of Use”) shall apply to the users of the website https://easebuzz.in and any other linked pages, products, software’s, API(s), features, content or application services (including but without any limitation to Mobile application) in connection therewith offered from time to time by Easebuzz Private limited. (“EaseBuzz”, or “WE” or “OUR” or “US”) (Collectively “Website”)

The online registration form, terms and conditions, privacy policy here shall be collectively termed as “Agreement”. This agreement is a legal binding between merchant/ you and Easebuzz Pvt Ltd (Easebuzz, “We”, “our” or “us”) and if you do not agree to any of the terms listed below then please do not use the platform any further.

Easebuzz, a company incorporated under Indian companies act 2013 having is registered office at Easebuzz Private Limited, The Social Street (Opposite - Hotel Vivanta) B - Wing, 2nd Floor, Hinjewadi - Wakad Road, Pune 411057. Easebuzz own and manage the website https://easebuzz.in

Any person logging to or using the website or mobile application of Easebuzz Private limited (even when such person does not avail of any services provided in the Website) shall be presumed to have read the terms of use and shall unconditionally and irrevocably accepted the terms of use set herein. The purpose of these terms, the following words and phrases shall have the meaning assigned under this article. Services means the services that shall be provided by Easebuzz Private Limited and to the merchants/users. A merchant 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

Definition

In this Agreement unless the context otherwise requires:

  1. “Authentication” shall mean the process by which customer identification is authenticated by card schemes issuing bank / payment instrument provider in the processing mechanism.
  2. “Issuing bank” shall mean a bank that issues and authorizes the card or net banking privilege to its customers.
  3. “Nodal Account” shall mean an intermediary account governed and operated by the acquiring bank and that is directed for merchant settlements by Easebuzz Private Limited. All guidelines of this account are established under the “Payments and settlements Act, 2007”, stated by Reserve Bank of India (RBI).
  4. “Acquiring Bank” shall mean a bank or financial institution licensed under the payment and settlement system Act, 2007 to acquire authorize and authenticate the online payment transaction.
  5. “Authorization” shall mean the process by which the availability of requisite balances / limit (to conduct the transaction requested) and approval of the Direct Debit Service Providers on the Customer’s Debit Card or Bank Account is established in the Processing Mechanism.
  6. Products and services listed on Easebuzz includes the services mentioned over the website or related pages of https://easebuzz.in
  7. A “Merchant or User” shall mean any person or business entity using the services or products of Easebuzz private limited and uses application, products, APIs and collects/disburses payments to an end customer.
  8. A customer shall mean any person or entity who is buying a product or service from a third-party website, mobile application and is paying using Easebuzz payment instruments
  9. “Customer Payment Amount” shall mean the total amount paid by the Customer towards the Merchant Services which will include, inter alia, charges and other taxes, duties, costs, charges, Easebuzz Fees and expenses in respect of the Merchant Services.
  10. “Chargeback” shall mean an approved and settled Transaction that an Issuer, upon receiving a chargeback request from a Customer, reverses to a Payment Service Provider for the Transaction value to be ultimately reversed to the Customer, subject to the Merchant being unable to provide an explanation along with documentary evidence as to why the chargeback request should be rejected in accordance with applicable laws.
  11. “Fees or Charges” shall mean such fee that has been agreed between the Parties payable by the Merchant to Easebuzz or directly chargeable by Easebuzz to the Customer of the Merchant for Easebuzz Services, and as detailed in LOI (Letter of Intent) hereto.
  12. “Payment Gateway” shall mean the protocol that may be stipulated by Easebuzz to enable the Authentication of Customers and the Authorization of payments on valid cards in accordance with the Processing Mechanism.
  13. “Payment Gateway Network” shall mean the hardware, software, platform of Easebuzz.in and telecommunications tools necessary to perform protocol conversion between different networks or applications and all associated software required for the Merchant to submit Authorization and data capture transactions to the payment service providers and to transmit Authorization and settlement transactions between the Merchant and the payment service providers.
  14. “Terms and Conditions” shall mean these terms and conditions under this Agreement, and any and all schedules, appendices, annexure and exhibits attached to it and includes any addition, modification, amendment, addendum or deletion thereof agreed to in writing by the Parties.
  15. “Transaction” shall mean a financial transaction conducted by the customer on merchant’s site processed by payment mechanism Easebuzz.
  16. Working days means any day in which Easebuzz are open for business in India other than Sunday, Public holidays in India or state of Maharashtra.

Eligibility

The Website and Services are intended solely for people who can form legally binding contracts under Indian law and who are 18 years of age or older. Any access to or use of the Website or Services by anyone under 18 is expressly prohibited. By using the Website or Services merchant represents and warrants that he is 18 or older and is competent to contract. User also agrees that his customer is similarly competent to contract.

A merchant represents and warrants that he has full power and authority for using the Services and is in strict compliance of all laws. These terms and conditions as accepted by merchant shall be read along with and in addition to any terms and conditions in force from time to time. They will also be read in conjunction with the Privacy Policy.

A merchant may use the Services and this Website only if he accepts and abides by all of the following terms and conditions

Merchant shall follow the registration and approval process as per set process of Easebuzz.

Registration

In order to avail the services, merchant must be registered with Easebuzz. Merchant shall provide Easebuzz with all the necessary documents as per requirements.

By registering with Easebuzz, Merchant agrees to provide true, accurate, current and complete information, failing at which, Easebuzz may at any time reject merchant’s registration and terminate his right to use or access the Website and/or Services. When merchant registers with Easebuzz, a User Account will be created, that is associated with his/her user name, password, and other identifying information. Merchant shall be responsible for any action initiated through their User Account.

Use of Services

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

To enable the merchant to use the services, a link with login credentials will be communicated to the merchant on his mobile phone or email address and the merchant 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 Private Limited has no obligation to verify the authenticity of the Transaction other than by means of verification of the merchant’s basic KYC information. The merchant 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 the merchant or by any person authorized by the merchant, or by any person gaining access to the services through the merchant. Merchant agrees that Easebuzz accepts all instructions originating from his account in good faith and in a manner consistent with commercially reasonable security standards. Merchant shall indemnify and hold Easebuzz harmless for direct or indirect losses sustained as a result of the disclosure of sensitive information by or through Merchant.

On receiving the necessary details from the Banks, Easebuzz shall initiate the required payment to merchant/customers as instructed by customer/ merchant.

Confirmation of the transaction performed using valid login credentials shall be conclusive evidence of a transaction being affected. Merchant is responsible to provide Easebuzz with the appropriate and current customer information. 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 chooses to complain about a transaction, the same should be communicated to Easebuzz within 10 (Ten) days of the transaction.

Easebuzz is an Intermediary

Please note that any purchase or payment done/received from a user/merchant is a sole agreement between the customer and the merchant (user) on Easebuzz platform. The company is merely an intermediary and a platform provider and is no where responsible for any goods/services, authentication or logistical support corresponding to a transaction.

Settlements

In consideration of the services rendered by Easebuzz Private limited, a user/merchant agrees to pay a fee which will be in consideration of all products, platform, APIs and other related financial services that have been listed on Easebuzz website and mobile application. Easebuzz has a Nodal account as per RBI’s payments and settlements Act, where we will instruct the Nodal bank to transmit the payments payable to the merchant, after deducting our fee, from the Nodal to the merchant bank account in “T” +1 or maximum “T” +2 working days. “T” being the date of transaction.

Every merchant/user shall receive an invoice from Easebuzz private limited with GST details to showcase the fees being levied and charged as per agreement and pricing agreed between the user and Easebuzz private limited. In respect of the invoices received by the user/merchant, it is agreed that User pays over applicable taxes under the Indian Income Tax laws and furnishes to us the TRACES certificate in respect of such taxes paid, then we shall reimburse to the User, on a quarterly basis, the amount in respect of such taxes paid.

Refund and Chargeback

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:

  • 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.
  • Any payments by a customer using the Services, which is returned by the acquiring bank for any reason whatsoever.
  • Duplicate transactions which mean there are 2 transactions done for the same product and there is a chargeback raised for refund related to any of these 2 transactions
  • The issuing bank of the customer has confirmed that customer cancelled the transaction for which refund is due to the customer

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 customer wishes to attempt to chargeback/ retract a payment, he must notify his bank and Easebuzz immediately and provide all required information. Easebuzz cannot however guarantee that the payment will be retracted. It may be possible to charge back/ retract a payment in case of a payment by any of the payment modes which includes cards, UPI based transactions.

It may be possible for customer to raise a chargeback in his/her issuing bank from where the transaction was done. In such cases, the acquiring bank notifies Easebuzz about the dispute that needs to get resolved within a stipulated time frame of 7 bank working days.

In such event, if the merchant is unable to arrive at a satisfactory resolution of the problem within the stipulated timeframe, Easebuzz/ Service Provider shall be entitled to make a direct credit to the disputing customer’s account for the disputed amount. Such a transaction will be done in accordance to the dispute that has been resolved and will be agreeable to both merchant and customer.Such a debit to the merchant's account and the direct credit to the disputing customer’s 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 customer, for which payment has been made to the Merchant/Service Provider, the customer shall be advised to resolve the issue with the merchant within 7 working 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 and notification related to a disputed transaction from the concerned acquiring bank/acquirer.

In the event that the customer and the merchant have agreed that customer 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:

  • Deduction of the relevant amount or any part thereof from any amounts to the merchant
  • Billing the concerned merchant for the relevant amount or any part thereof.

Any chargeback or refund case will be raised back to the source account of the customer from where the transaction was initiated/completed.

Refunds are initiated due to the following reasons –

  • Merchant has initiated the refund to the customer because he is unable to provide goods or services or due to a customer complaint about the service.
  • There are duplicate transactions and one of the duplicate transactions has to be refunded
  • Customer bank initiates a refund due to failed transaction. These pertain to cases where the customer account was debited online, but the status of the transaction was not sent to the merchant

Once a refund has been initiated, Easebuzz manages the flow of refund to the source account as follows –

  • Merchant is provided with a refund API or batch mechanism to initiate complete or partial refund
  • Customer is notified about the refund initiation via the same API where merchant can trigger a response to the customer on his email ID or phone number
  • Batch file is processed by the payout team at Easebuzz to acquiring bank to intiate refund to the source account
  • Refund is processed from the acquiring bank to the source account. Daily reconciliation of the files are done to check on refund ARN and the same is reflected on merchant dashboard and payout file on the merchant’s registered email ID
  • Maximum TAT defined for refund is “T”+ 5 working days, “T” being the date of initiation of refund from the merchant.

In case there are issues or queries related to any of the details related to refund, then the merchant can reach out to Easebuzz on tollfree number available with support between 9:30 am to 7 PM everyday (Including weekends) which is published on website - https://easebuzz.in/contact

Termination

If Easebuzz Private limited suspects, on reasonable grounds, that a merchant 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 (a) suspend all payment under these Terms; (b) deactivate/ suspend your User Account and disable your password; and (c) terminate User’s access to the Website or the Services; pending enquiries by Easebuzz. User may cancel his User Account at any time by sending an email. Please note that once your Account is cancelled, Easebuzz does not have any obligation to return any data or information that may reside on its servers or other equipment. Easebuzz Private limited will have full rights to hold for the period of 180 days payout to the merchant/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 will be forcefully enabled on the merchant/user account back to the source account from where the transaction had initiated.

Indemnity

User or the merchant hereby Easebuzz undertake and agrees to indemnify from and against any and all liability (including but not limited to liabilities, judgments, damages, fines, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against Easebuzz by another User/ Service Provider/ third party for reasons including, but not limited to (i) delivery, non-delivery or delay, deficiency or mistake in respect of the Products sold; (ii) a breach, non-performance, non-compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made by him; (iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the User, or his employees, subcontractors and agents in performance of their obligations under these Terms.

The User shall comply with all such terms and conditions as Easebuzz or any Service Provider may prescribe from time to time with regard to the Services. All Transactions effected by or through this Website, shall constitute legally binding and valid transactions when done in adherence to and in compliance with the terms and conditions prescribed by Easebuzz or Seller/ Service Provider.

Copyright/Original Content

All materials that have been displayed or performed on the services shall abide by copyright. This includes but not limited to text, graphics, articles, photographs, images, illustrations. 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 will 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.

Compliance with anti-bribery and anti-corruption laws

The merchant hereby also agrees unconditionally that he/she will 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.

Disclaimer of Warranties

The merchant and the customer understand and agrees that -

Your use of services is at your sole risk. Easebuzz is an intermediary between banks and merchants. All content including all products, services and solutions are provided "AS IS" without warranty of any kind, either express or implied including without limitation, implied warranties of merchant, fitness for a particular purpose, title and non-infringment. Easebuzz does not warrant or makes any representations regarding the use of particular services published by the merchant in terms of its compatibility, correctness, accuracy and reliability. You as end customer will assume total responsibility and risk for your access and use of the services published by the merchant. The disclaimer of liability also applies to any injury or damange caused by any failure of performance, delay in processing of transmission, omission, computer virus, unauthorized access to, alteration or use of record corresponding to breach of contract, negligence of under any other cause of action.

Limitation of Liabilities

The merchants and the customer using this platform and it's related API's understand and agree that Easebuzz Private limited shall not be liable for any direct, indirect, punitive, incidential, consequential damages or any damages limited to damages for loss of profit, revenues, goodwill, data or any other intangible losses arising from

  • Use of performance of the services.
  • Provision of or failure to provide services by the merchant.
  • Cost of procurement of good or services or any service resulting from data, information or services purchased or obtained or messages received from transactions entered through or from the services.
  • Any matter relating to contract between the merchant and customer from or through their third party app, website or any services based on Contract, tort, negligence, strict liability or otherwise, even if Easebuzz private limited has been advised of the possibility of damages.

To the extent possible, the disclaimers, limitations on liability and indemnities available to Easebuzz pvt ltd under the terms of services, shall extend, mutandis, to the affiliates and partners of Easebuzz private limited and their respective directors, employees, agents, successors, involved in providing in delivering or managing the services. However, this clause will be not applicable to protect the aforesaid partner/affiliates from liability to Easebuzz private limited or claims against Easebuzz private limited.

Governing Law, Settlement of disputes and Jurisdiction

These terms of use and any dispute or claim arising under it will be governed by and construed in accordance with the law of India. The merchants and customers agree that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought EXCLUSIVELY in the competent courts/ tribunals having jurisdiction in Pune, India and the Users irrevocably submit themselves to the jurisdiction of such courts/ tribunals.

Restrictions over Easebuzz

You guarantee and confirm that you will 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.

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

As a merchant, you adhere and abide that your business will not belong to any of the below -

  1. You will not indulge into any racial or racist content or image in any form.
  2. You will not be using any extreme content hurting any religious sentiments.
  3. You will not be using 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 will be strictly prohibited.
  7. You are not allowed 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 are not allowed to 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. You cannot sell or promote Securities which includes stocks, bonds, or related financial products.
  12. You cannot sell tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
  13. 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.
  14. Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes is not allowed
  15. Traffic devices which include radar detectors/ jammers, license plate covers, traffic signal changers, and related products are prohibited on our platform
  16. Cryptocurrency or any digital currency trade is strictly prohibited on our platform.
  17. Multi-level marketing collection fees is prohibited
  18. 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.
  19. Money laundering, bidding/auctioning websites/mobile applications are strictly banned on Easebuzz private limited.
  20. Mailing lists is not allowed to be sold on our platform.
  21. Bulk marketing tools which include marketing SMS, email or software promoting unsolicited email messages is prohibited.
  22. Illegal goods or materials, products and services which promote any illegal act, gambling, material products are banned and prohibited
  23. Merchant 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.
  24. You are not allowed to sell or promote gaming/gambling related products which includes lottery tickets, contests, sports bets, memberships/ enrolment in online gambling sites, and related content.
  25. Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection.
  26. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
  27. Live animals or hides/skins/teeth, nails and other parts etc. of animals.
  28. Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
  29. 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.

Marketing Restrictions

If you are sending emails, directly or indirectly in connection with any Digital good or Physical products then you agree, acknowledge and represent that all emails and the procurement of email addresses will be authentic and shall be in compliance to applicable government rules & regulations. You would also not be sending any extreme content, racial content, or any religious sentimental message. Pornographic and sexual content is strictly prohibited.

Confidentiality and Non-Disclosure Agreement

In connection with this agreement, Easebuzz may disclose to you and or you may otherwise receive some sensitive information of Easebuzz (collectively, confidential information. Unless not required to perform your obligations under this agreement, you will not be allowed to disclose any confidential information without the consent of Easebuzz. You will not use any confidential information for the purpose of soliciting, or to permit to solicit, users to subscribe to any other services or promote the sale of any products that compete directly or indirectly, with Easebuzz or the functionality or services offered by the platform. You agree and abide that Easebuzz may be required to provide to governmental agencies/Law or other third parties, information in its possession regarding you or the business you conduct with Easebuzz or via the Platform.

Updates to the Terms of Use

The terms of use are subject to change. The merchant or user abides by the terms of use automatically whenever he logs into or uses https://easebuzz.in or any related pages, APIs, mobile application of Easebuzz private limited.

Grievances

Any complaints or concerns with regards to content of this Website or comment or breach of these Terms of Use or any intellectual property of any User, instances of customer grievances, regulatory queries and clarifications shall be informed/ communicated to the Grievance cum Nodal Officer at the co-ordinates mentioned below in writing:

GRIEVANCE CUM NODAL OFFICER

MR. DHAMMANAND NAGRALE

EASEBUZZ PRIVATE LIMITED

ADDRESS : The Social Street (Opposite - Hotel Vivanta) B - Wing, 2nd Floor, Hinjewadi - Wakad Road, Pune 411057

E-MAIL : GRIEVANCES@EASEBUZZ.IN

PHONE : +91 8275303542