Partner’s 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. Demographic information such as postcode, preferences and interests.

4. 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.

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

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

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

13. 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.

14. 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 Partner’s Account.

Subject to the terms and conditions of hereunder, Easebuzz grants You the non-exclusive right to market and promote the Services of Easebuzz.

Channel Partner shall not modify or copy any Services; however, Channel Partner reserves the right to campaign, position and promote all the products in the Territory to Channel Partner’s Potential customers. 

Channel Partner is free to set its own prices for the Services over and above the Pricing as detailed in clause 5 of these Terms. The Channel partner shall have no other rights with respect to the products or relationship with Easebuzz except as specifically set forth herein.

You shall register yourself on Easebuzz Partner’s Platform and refer prospective Merchants as per the process defined therein. Following the Merchant onboarding, You shall be given access to Easebuzz Partner’s dashboard. Information pertaining to the Merchant status shall be made available on the dashboard..

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.

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

The Service Provider 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 shall refer the Service Provider payment gateway services to Your Merchants who shall use the payment gateway only for products/services offered within product/service industry conferred within the Indian Judiciary.

In the event of any or all changes in the business scenarios including but not limited to changes in the laws of the land (Indian), such changes shall be intimated immediately by You to the Service Provider.

You shall not hold the Service provider responsible to process the payments/ refunds on such days which are declared as holidays by Reserve Bank of India and available online at [www.rbi.org.in].

You shall not hold the Service Provider liable for any direct, indirect, incidental, consequential, or punitive damages due to deficiencies, inferior quality and specification of goods and services provided by the Your Merchants;

You shall not disclose to any person or use for any purpose (except for the purposes of providing the services through the online platform) any information obtained/received, customer database by You directly or indirectly in any form pertaining to the Services or otherwise to the Service Provider in any manner including in connection with these Terms. This clause shall survive any termination of these Terms;

You agree that Easebuzz accepts all instructions originating from Your account in good faith and in a manner consistent with commercially reasonable security standards. Further, the same shall be subject to internal verification and approvals.

In connection with the onboarding of Merchants,

1. The Partner shall cause the Merchant to provide necessary KYC documents as prescribed by Easebuzz from time to time.

2. The Partner acknowledges that Easebuzz pursuant to delivery of KYC documents reserves the right to either onboard or refuse to onboard the Merchant referred by You.

3. It is further agreed that with the onboarding being facilitated by You, You shall simultaneously communicate to the Merchants referred by You, the requirement of the signing of an agreement with Easebuzz (“Merchant Agreement”) and such Merchant Agreement would govern the terms and conditions inter se the Merchants and Easebuzz in relation to provision and use of the Easebuzz Services as also the Platform Fees. Easebuzz reserves the right to either not activate Easebuzz Services or suspend Easebuzz Services if a Merchant does not enter into a Merchant Agreement with Easebuzz. The Partner shall communicate its ‘no-objection’ to Easebuzz signing the Merchant Agreement with the Merchants.

In connection with the promotion and marketing of the Services, the Channel Partner shall, at its own cost:

1. Make clear, in all dealings with customers and prospective customers, that it is acting as an independent provider of the Products, and is not acting as an agent or representative of Easebuzz;

2. Comply with any and all federal, state, and local statutes, rules, regulations, and ordinances relating to the Services.

3. For prior formal written approval, draft copies of all sales or marketing materials, including press releases press invitations, catalogues, brochures, pamphlets, or manuals, used by the Channel Partner which otherwise include or relate to the Services;

4. Reasonably participate in all Easebuzz -related branding, promotions, and/or campaigns related to the Services;

5. Maintain an active and suitably trained sales force and ensure that such sales force is continually trained with current technological developments relevant to the Services;

6. Seek prior written approval from Easebuzz (with such approval not to be unreasonably withheld) in relation to any online content, including websites and promotional material, which relates to the Services. Channel Partner shall comply with any brand guidelines submitted by Easebuzz from time to time. Upon the request of Easebuzz, Channel Partner shall use the standard platform, template or other formatting of Easebuzz in relation to the online content;

7. Not promote or sell the Products from any medium whose content, domain name, or other affiliation is likely to degrade, as determined by Easebuzz in its sole discretion, the reputation or goodwill of Easebuzz and its Services;

8. Seek prior written approval from Easebuzz in relation to any proposed uses of copyrighted images or content owned or held by Easebuzz;

9. Not use any images to promote the Services, other than those images supplied or otherwise approved by Easebuzz.

You assure and guarantee to the Service Provider that You are not and shall not carry out any activity, which is banned or illegal or immoral or not permitted under applicable law;

You shall at all times, comply with all applicable laws, rules, statutes, enactments, orders and regulations, including those of any governmental agency, and all interpretations of and changes, supplements or replacements to any of the foregoing, to include, without limitation, all laws relating to privacy and data protection which are or which in the future may be applicable to personal information, the Services, or Your performance obligations under these Terms;

The Merchant Fees applicable to the potential Merchants for the Payment Gateway for the services provided by Easebuzz shall be communicated by Easebuzz prior to on-boarding each Merchant.

1. You may determine to put pricing over and above the base rate given above to Your Merchants.

2. The prices mentioned shall be exclusive of GST 

3. You reserve the right to add buffer over and above mentioned Merchant’s Fees for Your Merchant which are onboarded over https://easebuzz.in

It is agreed between the Parties that, for and during the term of these Terms, the Referral Fees/ Mark-up Amount (“Mark-Up Amount”) shall be determined individually for each of Your Merchants.

The Mark-Up Amount shall be subject to approval by Easebuzz and shall be communicated to You prior to on-boarding each of Your Merchants.

The Mark-up Amount shall be calculated based on the successful transactions (shall not include any amount that has been subject to any Chargebacks, refunds, fraud, misrepresentation) made to the Merchants by the end Customers.

You can opt for your payment cycle as mentioned below, which shall be approved subject to internal review: -

1. Monthly

   The monthly cycle shall be calculated from the 1^st day of each month to the last day of every such month. The Mark-Up Amount on each Merchant shall be paid duly to the Channel Partner monthly, by the Service Provider on or before the 20^th day of every subsequent month.

2. Bi-monthly

   1. The payment cycle shall be calculated bi-monthly (i) from the 1^st day of each month to the 15^th day of every such month and (ii) from the 16^th day of each month to the last day of every such month.

   2. The Mark-Up Amount on each Merchant shall be paid duly to You

   1. on 15^th day of each month subjected that the undisputed invoice has been raised by You between 25^th day of the previous month and 10^th day of such month;

   2. on last day of each month subjected that the undisputed invoice has been raised by You between 10^th day and 25^th day of such month.

3. The Mark-Up amount shall be paid to You on the subsequent Business Day, in case 15^th or the last day of such month is a non-Business Day.

You shall endeavour to identify suitable Merchants and refer them to Easebuzz from time to time.

You shall be responsible for doing registration on behalf of Your Merchant to avail Easebuzz’s Services and provide

1. KYC documents of referred Merchants

2. Facilitate referred Merchant to enter into an agreement between Merchant and the Service provider

3. Demo Login Credentials of the referred Merchants and

4. CPV details of the referred Merchants

You agree that as part of the Onboarding, Easebuzz will conduct a verification process on all Merchants before or simultaneous with the Onboarding process and You shall assist Easebuzz in conducting the verification.

You shall ensure that the Merchant should be running with some transactions once onboarded by the Service Provider for using its payment gateway services.

You agree to ensure that the Merchants referred by You to the Service Provider shall not be engaged in any illegal activities punishable under the laws of the Republic of India or any applicable international laws or treaties.

You shall not engage in any activity or perform any act which may disparage Easebuzz or cause the Partner’s customers, merchants, etc. not to consider Easebuzz’s products and services or in any manner disincentivize procuring of Easebuzz’s products and services.

Verify, approve and process Your Merchant’s account as soon as the abovementioned documents are received by Us.

Support You in Merchant onboarding, technical support and after sales support.

Assist Your Merchant in resolving any issue or provide update about the status of any transaction.

The response time to resolve any issue ranging from critical issue to minor issue by Us shall not exceed seven (7) working days.

Assist in generating a dedicated salt and key values from supporting Banks for any Merchant once the abovementioned documents is received by Us within ten (10) working days from the date of receiving of the above documents.

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 these Terms, You shall:

1. At all times comply with Your obligations under the Data Protection Law, in relation to all Personal Data processed by You in the course of performing Your obligations under these Terms;

2. Only process Personal Data: (a) to the extent necessary for the provision of the services to be provided under these 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 Your 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 unauthorized 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, unauthorized use or disclosure of any Personal Data or loss, damage or destruction of Personal Data in the Your possession or control; and

6. If intimated by Easebuzz, delete or return all Personal Data to Easebuzz on termination or expiry of these Terms, 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 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.

In the event that Easebuzz suspects, on reasonable grounds, that You have 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 Channel Partner’s Account and disable your password; and

3. Terminate Your access to the Website or the Services; pending enquiries by Easebuzz.

You may cancel/ deregister Your Channel Partner Account at any time by sending us an 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 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 Your account back to the source account from where the transaction had initiated.

Termination of these Terms shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.

Except as provided by subclause of the present , the Parties shall, at all times during the term of these Terms, and for a period of five (5) years after its termination: (a) keep all Confidential Information confidential and not disclose any Confidential Information to any third-party except to the officers, employees, consultants, or agents of the receiving Party who have a need to know the Confidential Information and who are otherwise under an obligation to keep such Confidential Information confidential; and (b) not use any Confidential Information for any purpose other than for the performance of the obligations of the Party under these Terms. Notwithstanding the foregoing, if any Confidential Information contains or is comprised of any trade secret (as defined under the Uniform Trade Secrets Act), then the receiving Party shall not disclose, or permit to be disclosed, such Confidential Information for a period of five (5) years or until such Confidential Information no longer contains or is comprised of a trade secret, whichever is later.

The Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. If a receiving Party makes copies of Confidential Information, then such copies shall also constitute Confidential Information. Neither Party shall reverse engineer, disassemble, or decompile any Confidential Information.

The Confidential Information disclosed by a Party shall remain confidential under these Terms unless, and then only to the extent that:

1. It is established that the Confidential Information is in the public domain for reasons other than as a result of a breach of these Terms by the receiving Party; or

2. The Confidential Information is supplied to the receiving Party by a third party as a matter of right and not in violation of any confidential relationship or obligation with the disclosing Party; or

3. The Confidential Information is in the possession of the receiving Party before the receipt from the disclosing Party, as evidenced by written documents or records of the receiving Party; or

4. The Confidential Information is required to be disclosed in a judicial or administrative proceeding pursuant to a court order by a court of competent jurisdiction, or is otherwise requested or required to be disclosed by law or regulation; provided, however , that the receiving Party shall promptly notify the disclosing Party of such disclosure, and, upon written request of the disclosing Party, shall cooperate in all reasonable respects to contest or limit such disclosure or otherwise obtain a protective order; or

5. Disclosure of the Confidential Information by the receiving Party is authorized in writing by the disclosing Party.

Each receiving Party shall, upon termination or conclusion of these Terms, or at any earlier time upon the request of the disclosing Party, immediately return or destroy all Confidential Information received from the disclosing Party, and information developed therefrom and copies thereof, and retain none for its files.

Each Party shall be completely responsible for maintaining the secrecy and confidentiality of the Confidential Information conveyed to it by the other Party in accordance with these Terms. Each Party shall be responsible in this regard for the actions and activities of all of its officers, employees or agents working with or otherwise having access to the Confidential Information received hereunder and shall take reasonable measures, including requiring the execution of appropriate confidentiality agreements, to protect against unauthorized use or disclosure of Confidential Information belonging to the other Party.

Proprietary Rights

1. The Services and all related intellectual property rights are the exclusive property of Easebuzz.   All right, title and interest in and to the Services, any modifications, translations, or derivatives thereof, even if unauthorized, and all applicable rights in patents, copyrights, trade secrets, trademarks and all intellectual property rights in the Products remain exclusively with Easebuzz or its licensors. 

2. The Services are valuable, proprietary, and unique, and You agree to be bound by and observe the proprietary nature of the Services.  The Services contain material that is protected by patent, copyright and trade secret law, and by international treaty provisions. 

3. All rights not granted to You under these Terms are reserved to Easebuzz. No ownership of the Services passes to You.  Easebuzz may make changes to the Services at any time without notice. Except as otherwise expressly provided, Easebuzz grants no express or implied right under Easebuzz patents, copyrights, trademarks, or other intellectual property rights.

4. You shall not, authorize any third party to

   1. Modify, adapt, reverse engineer, dissemble, de-compile or otherwise derive source code from the Services;

   2. Create derivate works based on Services; or

   3. Transfer the Services or any part thereof to any third party without the prior written consent from Easebuzz.

Trademarks

1. During the term of these Terms, You shall have the right to indicate to the public that You are an authorized Partner of the Services and to use the Easebuzz Trademarks solely for the purpose of Campaigning of the Services to Your Customers.  Prior to the use or distribution of any promotional, advertising or other materials created by You containing any Easebuzz Trademarks, You shall obtain approval from Easebuzz with respect to the use of Easebuzz Trademarks, which approval shall not be unreasonably withheld or delayed.  If You, in the course of performing its services hereunder, acquires any goodwill in any of the Easebuzz’s Trademarks, all such goodwill shall inure to the benefit of Easebuzz.  Easebuzz may use Your name to identify You as a Easebuzz Partner for use in advertising or promotional purposes.

2. At no time during or after the term of these Terms, shall, You challenge or assist others to challenge Easebuzz’s Trademarks or the registration thereof.  You shall not adopt, use or attempt to register, whether as a corporate name, trademark, service mark or other indication of origin, any of the Easebuzz Trademarks or any mark that is confusingly similar to or will dilute the distinctive nature of the Easebuzz Trademarks.  Upon termination of these Terms, You shall immediately cease to use all Easebuzz Trademarks.

All notices, requests, demands, waivers, and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given:

1. When delivered by hand or confirmed facsimile transmission;

2. One day after delivery by receipted overnight delivery; or

3. Four days after being mailed by certified or registered mail, return receipt requested, with postage prepaid to the appropriate address set forth below or to such other person or address as either Party shall furnish to the other Party in writing under the above:

4. Contact Information:

   To the Service Provider	To the Channel Partner
   Attention: The Legal Team
   Address: The Social Street, B- Building, Second Floor, Opposite Vivanta Hotel, Hinjewadi-Wakad, Pune- 411057.	As per the details provided during the Sign-up process by You
   Email ID: legalteam@easebuzz.in
   Telephone: 1800 891 8297

Easebuzz shall take utmost care to ensure that our Services shall be uninterrupted and that transmissions shall be error-free. However, due to the nature of the internet, and sever related issues, this cannot be guaranteed. Easebuzz may also occasionally/temporarily suspend or restrict our services to allow for repairs, maintenance, or the introduction of new facilities or services. Easebuzz shall attempt to limit the frequency and duration of any such suspension or restriction.

Easebuzz shall not be held responsible for any delay or failure to comply with the obligations under these conditions if the delay or failure arises from any cause that is beyond the reasonable control of Easebuzz.

Under no circumstances shall Easebuzz, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the service.

Except as otherwise provided by law, in no event shall Easebuzz be liable to you for any indirect, consequential, exemplary, incidental or punitive damages. If Easebuzz is in breach of these Terms and Conditions, Easebuzz shall only be held responsible for any losses that You suffer to the extent that they are a foreseeable consequence to both the Parties. Liability of Easebuzz shall not in any event include any other loss or error.

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.

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.

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.

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.

Further, if we find you violating these Terms, you shall be liable to pay us an amount for such acts/omissions as penalty and the compensation for loss and damages, which shall not be less than a minimum of 1% of previous year's transactions or the total transaction from the time of sign-up till the date of the violation, which shall be imposed by Easebuzz in its sole discretion.

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.

The limitations in this Clause 14 shall apply to the fullest extent permitted by law.

Notwithstanding the expiry of these Terms and the consummation of all the transactions contemplated herein, You hereby undertake and agree to indemnify at all times and hold harmless the Service Provider and its respective successors, assigns, directors, officers, employees, attorneys and agents, and the Facility Providers and participating Banks from and against all actions, proceedings, claims, liabilities(including statutory liability), penalties, demands and costs, damages, losses and/or expenses however arising as a result of:

1. Any breach of any applicable law, rules and regulations

2. Any breach or non-performance by You of any of the provisions of these Terms and/or any schedules, breach of confidentiality, Intellectual property rights, inaccuracy of Customer billing information, chargeback and refunds, any fines, penalties or interest imposed directly or indirectly on the Service Provider on account of You under these Terms and/or any Schedules;

3. Any claim or proceeding brought by Your merchants and Vendors/Suppliers, the Customer or any other person against the Service Provider, in respect of any products/ services offered by Your merchant; or

4. Any act, neglect or default of Your Merchants, agents, employees, licensees or customers; or

5. Any claim by any other party against Easebuzz Private Limited, arising from sub-clauses above.

You shall also fully indemnify and hold harmless Easebuzz Private Limited, the Facility Providers and the Participating Banks against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party that Your services infringe any intellectual property rights of that third party.

These Terms shall not in any way be affected, nor shall any Party hereto be held liable for any failure or delay in the performance of any undertaking of a term or condition herein, if such failure or delay is due to any cause or causes beyond its control, including but not limited to fire, flood, damage by the elements, perils of the sea or air, accident, act of God, strike, lockout, or other labour disorder, act of foreign or domestic de jure or de facto government, whether by law, order, legislative decree, rule, regulation or otherwise, revolution, civil disturbance, breach of peace, declared or undeclared war, act of interference or action by civil or military authorities or due to any other cause beyond the Party’s control.

In the event any dispute arises between the Parties out of or in connection with these Terms, the Parties hereto shall endeavour to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the Parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) days, gives a notice to this effect, to the other Party in writing.

In case of such failure, the dispute shall upon the expiry of the aforesaid period, be referred to arbitration to be conducted by a sole arbitrator, who shall be jointly appointed by the Parties. In the event the Parties are unable to mutually agree on the identity of the sole arbitrator in the manner specified above, then the arbitration proceedings shall be conducted by 3 (Three) arbitrators of which the first arbitrator shall be appointed by the Client, the second arbitrator by the Agency and both such arbitrators appointed shall mutually appoint the third presiding arbitrator. The arbitration proceedings shall be governed by the (Indian) Arbitration and Conciliation Act, 1996 and shall be held in Pune. The language of the arbitration shall be English.

These Terms shall be governed by, interpreted and construed in accordance with the laws of India and subject to the arbitration provisions mentioned herein above, the Parties submit to the exclusive jurisdiction of the courts at Pune.

No press releases or other like publicity or advertising of any nature regarding these Terms that mentions these Terms or any party by name shall be released by You without the prior written agreement of the Service Provider. The requirements of this Section shall survive termination of these Terms.

ASSIGNMENT

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.

No alteration, amendment, waiver, cancellation or any other change in any term or condition of these Terms shall be valid or binding on either Party unless mutually assented to in writing by both Parties.

Headings: The headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only, shall not form part of the operative provisions of these Terms or the schedules, and shall be ignored in construing the same.

Waiver: The failure of either Party to enforce at any time any of the provisions of these Terms, or the failure to require at any time performance by the other Party of any of the provisions of these Terms, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the validity of either Party to enforce each and every such provision thereafter. The express waiver by either Party of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Non-exclusive: The nature of Services rendered in these Terms is mutually non-exclusive among the Parties.

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.