TERMS OF USE

The Terms and Conditions/Terms of Use contained hereinafter (“Terms”) shall apply to the users of the website https://easebuzz.in, Easebuzz mobile applications and any other linked pages, products, software’s, API(s), features, content or application services (“Services”) in connection therewith offered from time to time (collectively referred to as “Platform”/ “Website”) by Easebuzz Private Limited (“Easebuzz”, or “we” or “our” or “us”)

Any individual or business (“you” or “Merchant”), logging in to or using the Website (even when such person does not avail of any services provided in the Website) shall be presumed to have read and unconditionally and irrevocably accepted the Terms set herein for usage of Services of Easebuzz.

By continuing to use the Website, you are legally bound by these Terms and if you do not agree to any of the conditions listed below then please do not use the platform or Services of Easebuzz any further.

The purpose of these Terms, the following words and phrases shall have the meaning assigned under this article.

  1. “Acquiring Bank” shall mean a bank or financial institution that processes credit or debit card payments on behalf of any Merchant.

  2. “Authentication” shall mean the process by which Customer identification is authenticated in the Processing Mechanism.

  3. “Application Form” shall mean an application submitted by the Merchant to Easebuzz for availing the Services which shall include the data shared by the You while logging in the Platform of Easebuzz and filling in the requisite data/details for the purpose of availing the Services all such data or details whether given in parts either in pull or push mode shall be considered as integral part of the Application Form.

  4. “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.

  5. “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.

  6. “Customer Payment Amount” shall mean the total amount paid by the Customer towards the Merchant Services which shall include, inter alia, charges and other taxes, duties, costs, charges, Easebuzz Fees and expenses in respect of the Merchant Services.

  7. “Customer” shall mean any person or entity who is buying a product or service from a third-party website (Merchant’s website), mobile application and is paying using Easebuzz payment instruments.

  8. “Data Protection Law” means all applicable statutes and regulations pertaining to the processing of personal data, including but not limited to the privacy and security of personal data.

  9. “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.

  10. “Issuing bank” shall mean a bank that issues and authorizes the card or net banking privilege to its customers.

  11. “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.

  12. “Merchant Website” shall mean the online platform (with the domain name as stated in the Application Form/ Legal Agreement (if any) which is established by the Merchant for the purposes of enabling the Customers to carry out Transactions for availing Services.

  13. “Merchant Services” shall mean the services or products provided by the Merchant to its Customer/s, the remittance/payment for which is to be made through the Customer’s valid accounts / card/s or bank account, using Easebuzz’s Platform.

  14. “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).

  15. “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.

  16. “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.

  17. “Personal Data” shall mean personal data as may be defined under Data Protection Law.

  18. “Products and Services” shall mean the services listed on Easebuzz including the services mentioned over the website or related pages of https://easebuzz.in

  19. “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.

  20. “Token” shall mean the string of randomly generated numbers which shall be unique for each combination of card generated through Tokenization.

  21. “Tokenization” shall mean the process of replacement of the card details with a unique alternate code known as Tokens to improve the safety and security of card transactions. The process of Tokenization has been mandated vide the following circulars:

    1. RBI/2021-22/96- CO.DPSS.POLC.No.S-516/02-14-003/2021-22 (07-09-2021)

    2. RBI/2021-22/92- CO.DPSS.POLC.No.S-469/02-14-003/2021-22 (25-08-2021)

    3. RBI/2018-19/103- DPSS.CO.PD.No.1463/02.14.003/2018-19 (08-01-2019)

  22. “Transaction” shall mean a financial transaction conducted by the Customer through Easebuzz Services. Reference - https://www.rbi.org.in/scripts/NotificationUser.aspx?Mode=0&Id=5379

  23. “User Account” shall mean the account created by any individual or business or entity by successfully signing up on the Website to avail the Services provided by Easebuzz.

  1. You affirm that you are at least Eighteen years of age and are fully able and competent to understand the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with these terms.

  2. You affirm that you are eligible to contract under applicable laws and you are further authorised under law to avail our Services, the details of which you have provided in our Website.

  3. If you are using or accessing the Website as a representative of any person/entity, you acknowledge that you are legally authorised to represent such person/entity.

  4. You represent and warrant that You have full power and authority for using the Services and is in strict compliance of all laws.

  5. These Terms as accepted by you shall be read along with and in addition to the laws in force from time to time.

  6. You agree to use the Services and this Website only if you accept and abide by all of the following Terms.

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

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

  3. 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.

  4. 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”)

  5. 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.

  6. 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.

  7. 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.

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

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

  2. 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.

  3. 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.

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

  5. 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.

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

  7. 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.

  8. 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

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

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

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

  12. 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.

  13. 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.

  14. 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.

  1. Please note that any purchase or payment done/received from a user/You is a sole agreement between the Customer and You (user) on the Easebuzz Website.

  2. Easebuzz is merely an intermediary and a platform provider and is not a party to, nor shall be held responsible for any goods/services, authentication or logistical support corresponding to a transaction.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  1. In consideration of the Services rendered by Easebuzz Private limited, a User/You agree to pay a non-refundable fee (apart from Chargebacks under Clause 6) which shall be in consideration of all products, platform, APIs and other related financial services that have been listed on Easebuzz Website and mobile application.

  2. You shall pay to Easebuzz, a non-refundable, one time set up fee and/or the Fee as detailed in the Application Form or Platform while signing up for Easebuzz Services.

  3. The Fee may be revised periodically and at such intervals as are intimated by Easebuzz to Merchant.

  4. Easebuzz has a Nodal account as per RBI’s Payments and Settlements Act, where we shall instruct the Nodal bank to transmit the payments payable to You, after deducting our fee, from the Nodal to You bank account in “T” +2 or maximum “T” +3 working days. “T” being the date of transaction. Working days mentioned herewith are bank working days.

  5. You/ 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.

  6. In respect of the invoices received by the user/You, 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.

  1. 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.

  2. 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.

  3. 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

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

  1. 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.

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

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

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

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

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

  11. 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.

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

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

  1. 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.

  2. 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).

  3. 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.

  1. 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.

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

  3. 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.

  4. 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.

  5. 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.

  6. 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 sell or promote Securities which includes stocks, bonds, or related financial products.

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

    14. 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.

    15. 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.

    16. 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.

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

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

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

    20. Multi-level marketing collection fees is prohibited.

    21. 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.

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

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

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

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

    26. 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.

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

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

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

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

    31. 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.

  7. 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.

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

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  1. 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.

  2. You shall not be sending any extreme content, including but not limited to racial content, any religious sentimental message, pornographic and sexual content.

  1. In connection with these Terms, Easebuzz may disclose to you and or you may otherwise receive some sensitive information of Easebuzz (collectively, confidential information).

  2. Unless not required to perform your obligations under this agreement, you shall not be permitted to disclose any confidential information without the consent of Easebuzz.

  3. You shall 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.

  4. You hereby agree 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

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

  9. 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.

  1. We may be required to disclose your personal information due to legal or regulatory requirements.

  2. In such instances, we reserve the right to disclose your personal information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements, or discovery requests.

  3. We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce these Terms and/or Privacy Policy, respond to claims that any Content violates the rights of third-parties or protect the rights, property, our users or the general public or we are in notice of any criminal activity being conducted via the Platform.

  4. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section.

  1. It is hereby stated that you are strictly forbidden from violating or attempting to violate the security of the Site, including, accessing data not intended for you or logging onto a server or an account which you are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing or crashing, sending unsolicited email, including promotions and/or advertising of products or services.

  2. Violations of system or network security may result in civil or criminal liability.

  3. You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism including without limitation browsers, spiders, robots, avatars or intelligent agents to navigate or search this Website other than the search engine and search agents available from Easebuzz.

  1. It is hereby stated that you have agreed to not to engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes.

  2. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited.

  3. Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.

  4. You shall keep Easebuzz indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, 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; (iv) breach and/or any violation by You which is penalized by any banks or regulators.

  5. 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.

  6. 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.

  7. You further agree that in the event that You misuse the Salt-Key provided by Easebuzz, and/ or if the respective Card Organizations impose a penalty or take any action against Easebuzz due to the actions, inactions, or default by You, then You shall be liable to indemnify and compensate/ reimburse Easebuzz for all such costs, expenses and other damages incurred (if any). In the event that You fail to compensate/ reimburse the costs of such penalty incurred within five (5) days of receiving a notice to that effect from Easebuzz, then Easebuzz shall reserve the right to recover such costs from the unsettled funds available in Your account.

  8. This indemnification clause will survive termination, modification or expiration.

  1. It is hereby stated that you acknowledge and agree that our website may establish modifications from time-to-time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency and the manner in which you may access the Service or the Platform.

  2. You acknowledge and agree that we reserve the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice and that Easebuzz shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.

  3. You acknowledge and agree that Easebuzz in its sole and absolute discretion, has the right to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation if we come across that you have violated the Terms, breached this agreement, have engaged or engaging in any manner of a fraudulent activity, or for similar reasons.

  4. You hereby agree and acknowledge that if there are reasonable grounds for Easebuzz or any of its Acquiring Bank to suspect that a Transaction conducted using the Payment Gateway of Easebuzz, which amounts to a breach of this Terms or is a suspicious Transaction or a fraudulent/ unauthorized Transaction, then Easebuzz, in its sole discretion, reserves the right to suspend your services with immediate effect without having to give any notice of termination to You, and suo-moto withhold your settlements, till such issues are resolved. Easebuzz shall also have the right to block any future payments in this regard until the resolution of such issues.

  5. You agree that the role of the Easebuzz shall be limited to Services provided and we shall not be responsible in any manner for any loss, claim, damage which may be incurred or suffered by the you, Customer or any third party or for any consequence whatsoever which may arise or be connected with the Payment Gateway Network.

  6. Further if we find you violating these Terms, you shall be liable to pay us an amount for such acts/omissions as a compensation for loss and damages which in case shall not be less than a penalty of minimum 1% of previous year's transactions or at Easebuzz's discretion.

  7. In any event if any of the conditions stated herein is acceptable to You, or if You are dissatisfied with any Services provided by Us, then the only remedy available with You shall be to immediately discontinue and refrain from any further use of our Website.

  8. The limitations in this Clause 19 shall apply to the fullest extent permitted by law.

  1. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Easebuzz without restriction.

  2. Any assignment or transfer by you shall be null and void.

  3. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.

  4. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, with your consent.

  1. In case of any communication regarding any issues arising on our Website, will be electronically.

  2. We will contact you by email or provide you with information by posting notices on the Website or Platform.

  3. You recognise that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.

  1. You shall comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services.

  2. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.

  3. You are solely responsible for ensuring that the services and any other activities conducted on the website are lawful.

  4. You must ensure that you comply with all applicable laws in the Republic of India.

  1. If any provision of this Terms shall be held or deemed to be, or shall in fact be, illegal, inoperative, or unenforceable, the same shall not affect any other provision contained herein, or render the same invalid, inoperative, or unenforceable to any extent whatsoever, which provisions shall remain in full force and effect.

  1. 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.

  2. 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.

  1. The Merchant acknowledges that the Payment Gateway Network may not be uninterrupted or error free or virus free and Easebuzz disclaim all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of such services for a particular purpose.

  2. Easebuzz’s sole obligation and the Merchant’s sole and exclusive remedy in the event of interruption in the Payment Gateway Networks, Services shall be to use all reasonable endeavours to restore the said Payment Gateway Network, Services as soon as reasonably possible.

  1. 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.

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

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

  4. By registering for a User Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form.

  5. 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.

  1. We take caution regarding your privacy and are committed to protecting your personal data that you provide us herein.

  2. Please refer to our Privacy Policy.

  3. These Terms shall be in addition to and not in derogation to our Privacy Policy.

  1. It is hereby understood and stated that the Terms laid down hereunder jointly represent the entire agreement and supersede any other agreement or understanding written, oral or implied that you have had with our Website.

  2. Any other statement, inducement, promise, covenant or condition not expressly found herein shall be deemed as null and void.

  1. This Terms shall be governed and construed in accordance with the rules and regulations of the Republic of India.

  2. Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this policy or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the Arbitration & Conciliation Act, 1996 (the “Rules”), by one arbitrator appointed in compliance with the Rules.

  3. The seat of Arbitration shall be in Pune, Maharashtra and the decision of the sole arbitrator shall be final and binding upon the parties to the dispute.

  1. The terms of use are subject to change. You or user abides by the terms of use automatically whenever he logs into or uses 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:

Grievances cum nodal officer

Dhammanand Nagrale

Easebuzz Private Limited

The Social Street, ‘B’ Block/Building 2nd Floor, Survey No.32/2 & 32/3, Hinjawadi Rd, Opposite Vivanta Hotel, Hinjawadi Village, Wakad, Pune, Maharashtra 411057.