Terms and Conditions

Definitions:

“Jaharvir Finvis Private Limited” will mean Paydash "agent.Paydash.com", a private company registered under the Companies Act 1956 having registered address at Address: Tower-B, Floor-6th, Office No-615 & 616, KLJ Noida One B 8, Block B, Industrial Area, Sector 62, Noida, Uttar Pradesh 201301;
“Card Member” or “Member” means a person holding a Valid Card and making payment using a Valid Card;
“Card Organization” includes VISA, MasterCard, Rupay (PaydashCI), and any other card organization as acceptable to Paydash presently or in future, offering credit, debit, or any other card program to Issuers.
“Cash @PoS”/“Cash Withdrawal at PoS” is payment of cash by the Paydash Retailer to the card member as per RBI guidelines circulated from time to time;
“Card” means a credit/debit card or a Prepaid wallet Bank under a Card Program which will function as:
- an ATM card requiring a PIN to validate Cardholder’s identity for access to ATMs,
- a debit/prepaid card which may be used at merchant locations that are equipped to accept PIN-based cards,
- a debit/prepaid card which will function on either the VISA or MasterCard or Rupay payment networks,
- an E-Wallet/M-Wallet or such other prepaid Payment Instrument covered under Reserve Bank of India (RBI) guidelines.
“Cardholders” will mean holders of valid Cards;
“Issuer” means any organization(s) issuing a Card, Wallet, or any kind of Prepaid Instrument;
“POS” means a device (including PSTN terminals, GPRS terminals, and MPOS) which accepts Card data for payments;
“Law” will include all applicable statutes, enactments, acts of legislature, laws, ordinances, rules, bye-laws, regulations, guidelines, directions, directives, and orders of any government, tribunal, board, court, or recognized stock exchange and applicable international treaties and regulations, in force at the relevant time, and having the force of law;
“Licensed Rights” will mean the distinguishing characteristics of the System including, without limitation, the names and marks together with such other trademarks, service marks, trade symbols, emblems, designs, slogans, insignia, and copyrights as Paydash has or may hereafter acquire or develop and designate for use in connection with the System;
“Paydash Wallet” is a prepaid instrument issued by Paydash in partnership with a Bank;
“Wallet holders” will mean holders of Paydash/Third Party wallets;
“Paydash” or “System” will mean the payment solution that provides the Suite of Services (as defined below);
“Paydash Retailer” will mean the merchant, agent, and/or Business Correspondent who has licensed the use of the application and pursuant to these terms and conditions provides Paydash Services at his/her premises (Paydash Retailer Outlet);
“Paydash Services” will mean the set of services offered by the Paydash System;
“Suite of Services” will mean the suite of services forming part of the System. This suite of services may be updated from time to time by Paydash with prior notification to the Paydash Retailer;
“Paydash Retailer Outlet” will mean the premises of operation of the Paydash Retailer;
“Paydash Retailer Guidelines” will mean the guidelines, terms of use, manuals, and/or instructions furnished by Paydash and/or the partners of Paydash from time to time;
“Partners” will mean the entities that Paydash partners with for the provision of the Paydash Services;
“Payment Instruments” will mean all types of modes of payment such as Paydash Wallet, Credit Cards, Debit Cards, or any type of Prepaid Instrument;
“RBI” will mean the Reserve Bank of India as established by the Reserve Bank of India Act, 1934.

Suite of Services

The Paydash Services offered by the Paydash Retailer are as set out in the document specific to each Paydash Retailer.

The nature of services may be added/modified based on market needs.

Commission & Charges

The details of the commission payable to the Paydash Retailer and charges due for services will be provided through a separate letter. Any change in th commission details will be communicated by way of the System or a separate letter.
Where commissions are due, Paydash will withhold applicable taxes and pay the balance to the Paydash Retailer.

Legal and Regulatory Compliance

Paydash grants to the Paydash Retailer a non-exclusive license to use the Paydash System to operate and deliver the Suite of Services.
The Paydash Retailer will operate the System and his operations as a Business Correspondent in compliance with relevant Law, including but not limited to the relevant rules and regulations as prescribed by RBI (as amended from time to time).

Compliance of Terms of Use

In addition to the obligations set out elsewhere in this Agreement, the Paydash Retailer undertakes to operate the System and its operations at the Paydash Retailer Outlet in accordance with the Paydash Retailer Guidelines.

Stipulations of Use

Paydash will provide:

Such assistance, training, and services as Paydash, in its discretion, determines what is required by the Paydash Retailer, including assistance by way of planning and implementation of market development and promotional programs, in the manner it so chooses. The Paydash Retailer understands that such training and services may require payment of fees as may be separately communicated.
Such other resources and assistance as may hereinafter be developed and offered by Paydash to its other outlets/transaction points, if any.

LICENSED RIGHTS

A sign board using the Licensed Rights for displaying outside the shop in a prominent manner and a set of customer information display material for display outside and inside the store.
The use of literature, brochures, and basic technical data and training aids as may be deemed fit and revised by Paydash from time to time.

Audit and Inspection

Both Parties recognize and acknowledge that the maintenance of proper records of the transactions carried out by a Paydash Retailer and onsite inspection of a Paydash Retailer’s premises and records are prerequisites towards obtaining approval for appointment of Paydash Retailers by Paydash Partners.
Paydash, its Partners, or any other person on behalf of Paydash may conduct an on-site inspection of the Paydash Retailer Outlet, at any time. The Paydash Retailer undertakes to maintain up-to-date, accurate, and true records and required registers in compliance with applicable Law and Paydash Retailer Guidelines.

USAGE OF MOBILE NUMBER, COMMUNICATIONS RELATED TO USAGE & CONSENT

Paydash may send transaction information, transaction confirmation information, services-related information, company information, promotional information, or any such other information relevant for the transaction via SMS, internet-based messaging applications like WhatsApp, voice call, email, or any other alternate communication detail provided by the user.
The user hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email, or any other mode by Paydash are:
1. upon the request and authorization of the user;
2. 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of the Telecom Regulation Authority of India (TRAI); and
3. in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
Paydash Retailers may upload information relating to transactions with customers, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Paydash Systems (such information is referred to as “Transaction Information”). Transaction Information may be exchanged between Paydash Retailer and customers through telephonic calls, text messages, WhatsApp, email, or other electronic mediums that would depend on the contact details of Paydash Retailers and customers provided on Paydash Systems.

UNDERTAKINGS

To operate the System and its operations at the Paydash Retailer Outlet in accordance with applicable Law and the Paydash Retailer Guidelines to keep the Paydash Retailer Outlet open and operating for the time period as stipulated by the relevant laws.
To observe such requirements with respect to the use of Paydash and Paydash’s Licensed Rights. The Paydash Retailer will always and unequivocally mention and state that the Paydash Retailer is a retailer of the System.
To authorize Paydash to raise invoices on its behalf.
To deduct the Merchant Discount Rates (as agreed with Paydash) when making the final settlement to the Paydash Retailer‘s wallet and/or Bank Account as communicated by the retailer.
To ensure the security of cash maintained at the Paydash Retailer Outlet that will be used in the course of operations.
To not deviate in any manner from the plans and specifications stipulated by Paydash.
To conduct all transactions in Indian Rupees unless otherwise agreed.

Card Specific Undertakings

To honor and accept every valid Card when properly presented for payment for a transaction. The Paydash Retailer will not engage in acceptance or practices that discriminate against, or discourage the use of any valid Card in favor of any other Card or any other payment mode. The Paydash Retailer will not, of his own accord, levy any charges on the holder of any of the above-mentioned payment instruments for permitting the customer to use a valid payment instrument. The Paydash Retailer will not place any minimum transaction limit for using a valid Card unless specified by Paydash.
To conduct the transaction such that after ensuring that the instrument is a valid Card instrument, swipe the card on the PoS terminal or enter the data of the prepaid instrument on the Paydash app and enter the details of the transaction as displayed and ensure that applicable Reserve Bank of India guidelines are followed. Where relevant, the Paydash Retailer will ensure the entry of PIN by the payment instrument holder and ensure that while entering the PIN, sufficient privacy is given to the payment instrument holder.
To make best efforts to recover and retain any card:
1. In respect of which a request has been made by a Card Organization to recover the card; or
2. Which the Paydash Retailer has sufficient and reasonable grounds to believe to be counterfeit, fraudulent, or stolen.
To promptly notify Paydash of any such recovery and retention and deliver the card so recovered to Paydash/Card Organization within 24 (Twenty-Four) hours of such recovery and retention.
To permit Paydash, through its banking Partner, for installation of the PoS terminal/device at his premises and for de-installation of the PoS terminal in case of de-boarding at the registered address. Prior to such installation, the details of the locations will be provided by Paydash in writing to the relevant Partner.
To under no circumstances adopt unethical transaction practices such as doing transactions with his own card, doing transactions without a valid purchase, etc.
To under no circumstances shift the equipment from its designated location without prior consent of Paydash.
To immediately notify Paydash about any changes in the contact details like address, phone/mobile number, email ID, etc., for updating in Paydash’s records. Paydash will not be responsible for any loss to the Paydash Retailer due to non-informing Paydash of any change in communication details.
To ensure that authorization in respect of charges will be obtained by swiping/dipping the valid Card using the PoS terminal (online authorization) provided by Paydash or using the number of prepaid instruments in case of Paydash Wallet as approved by Paydash. If the Paydash Retailer accepts charges without authorization or without printing a charge slip, neither Paydash nor the relevant Partner will be responsible for such charges or any part thereof.
To, under no circumstances, split the swipe/transaction amount for a single purchase into two or more transactions/charge slips.
By presentation of the Charge Slip(s) (or its equivalent electronic version), the Paydash Retailer represents and warrants that:
1. No other Charge Slip has been or will be issued or presented in respect of the same transaction.
2. The relevant Charge Slip represents a genuine business transaction undertaken by a Card Member using a valid card.
To ensure that in case of unsettled (open) transactions, the Paydash Retailer will settle the transactions at the end of the day +1. Non-settlement of transactions for more than three days from the date of the transaction attracts a penalty of 0.50% over and above the agreed MDR payable in terms of VISA/MasterCard/Rupay guidelines or Rs.500/-, whichever is higher. It is also understood that such penalties may be changed, with or without prior notice, as per regulatory/Card association guidelines from time to time.
To settle the transaction in any case before seven days, failing which the Paydash Retailer loses the claim on the unsettled amount. In case the Paydash Retailer is unable to settle the transaction due to software/hardware issues, he needs to log a complaint with Paydash within one hour of any such issue.
To understand that the period of unsettled transactions and interchange is subject to change as per Card Organization/Bank/RBI/Rupay/Paydash merchant services, etc., and will be notified to the Paydash Retailer from time to time.

Licensed Rights

To not at any time or in any manner misuse or use the Licensed Rights contrary to the specifications of use.
To cooperate with Paydash in preventing infringement of the System and the Licensed Rights, including taking such action as may be necessary in defense.
To not have or acquire any right or interest of any kind in, or in any part of, the Licensed Rights of Jaharvir Finvis Private Limited or Paydash used or applied by the Paydash Retailer under the provisions of this Agreement.

ACCEPTANCE OF CHARGES WITH RECOURSE-CHARGEBACKS

The Paydash Retailer agrees that any charges accepted by itself, which proves to be uncollectible, and which were incurred in any of the following circumstances will be the exclusive financial responsibility of the Paydash Retailer. The Paydash Retailer agrees to the non-payment of such charges or the chargeback debit of such uncollectable charges (as the case may be) by Paydash, without any demur or protest:

Any charge which is not a valid charge and/or which is made by a payment instrument, which is not a valid instrument at the time of incurring the charge by the holder.
Any charge incurred outside the territory authorized for the use of a valid Payment Instrument.
Any charge incurred involving the forgery of the Card holder signature/Wallet Holder PIN on the Charge Slip/Paydash Application and/or where Paydash or its Bank reasonably believes the transaction to be irregular and/or fraudulent.
Any charges for merchandising or services in an amount in excess of the advertised price.
The Payment Instrument presented to the Paydash in respect of the transaction was listed in a warning list or any other communication or advice from time to time.
Any charges with respect to which a Payment Instrument holder refuses to pay because the merchandising or services purchased from Paydash were not delivered or are not as promised, or the merchandise was defective or services deficient in any respect subject to VISA/MasterCard/Rupay/Paydash Dispute Resolution Rules.
Charges which the Card Organization/Paydash disputes or reports as a retrieval request/fraud/chargeback.
There is a violation of the terms and conditions in relation to a transaction or any Paydash Retailer operating instructions/guidelines.
Change of business activity, business name, or business location without informing Paydash.
Upon giving the notice of termination, as set out in Clauses VI a. or c. above, or upon termination of this Agreement for any reason, or upon expiration of the term hereof, the Paydash Retailer agrees as follows.
To immediately cease to carry out all the Paydash business platform transactions.
To forthwith cease and desist from using the System and the Licensed Rights or other rights & procedures or methods of Paydash or similar thereto.
To return all material in relation to the Licensed Rights, all information including operational manuals, data, instructions, literature, directions, and other manuals, plans and specifications, designs, records, samples, models, programs, handbooks, or drawings touching or concerning Paydash’s operations or business, without retaining any copies by the Paydash Retailer.
To cease and forthwith desist from holding itself in any way as a Paydash Retailer of Paydash or to show anything which would indicate any relationship between it and Paydash.
To permit Paydash’s representatives/agents/employees to enter the Paydash Retailer’s premises and to remove or permanently cover all signs or advertisements or effects identifiable in any way to Paydash’s name or image.

TERMINATION

If, at any time, Paydash determines that the Paydash Retailer has not complied or conformed to the terms herein, Paydash will, upon giving the Paydash Retailer fifteen (15) days’ prior written notice to remedy/rectify the same, may direct the Paydash Retailer to suspend operations and use of the System.
In the event the Paydash Retailer does not comply, Paydash will have the right to obtain an injunction from a Court of competent authority against such continuing non-compliance, non-conforming with and/or operation of the Paydash Retailer Outlet, and the Paydash Retailer hereby consents, and will not object, to any such injunction proceedings, if any, initiated by Paydash.
Notwithstanding the grounds set out in clause IX above, the occurrence of any of the following events will constitute a default by the Paydash Retailer under this Agreement:
If the Paydash Retailer misuses/misrepresents the System or any of the Licensed Rights of Paydash or otherwise impairs the goodwill associated therewith or Paydash’s rights or interests therein.
If the Paydash Retailer allows the operation of any other Business Correspondent or any other competing business of Paydash in the same outlet as committed for the Paydash Retailer.
If the Paydash Retailer fails to remit any payment or part thereof when due to Paydash.
If the Paydash Retailer assigns or allows any unauthorized persons to operate the System.
If the Paydash Retailer will be in default under any lease or sublease of the Paydash Retailer Outlets’ site/premises or loses the right to possession thereof for any reason whatsoever.
If the Paydash Retailer makes, or has made, any misrepresentation to Paydash in connection with this Agreement or in conducting the business licensed hereunder.
If the Paydash Retailer defaults in performance of any other obligation under this Agreement.
If the Paydash Retailer Outlets ceases operations, without the written consent of Paydash, for any reason for a period of more than seven days except as a result of an Act of God.
If the Paydash Retailer, or any other person controlling, controlled by, or under common control with the Paydash Retailer, will be adjudged insolvent or tried or convicted under any Law.
Upon the occurrence of any of the events set forth in Clause VI c. above, Paydash may, without prejudice to any other rights or remedies contained in this Agreement or provided by law or equity, terminate this Agreement. Such termination will become effective after written notice is given by Paydash to the Paydash Retailer.
Notwithstanding anything contained in this Agreement, the Paydash Retailer will be entitled to terminate this Agreement by giving to Paydash not less than thirty (30) days’ prior notice in writing of its intention to do so and the cause for which the termination is occurring. At any time, Paydash reserves the right to waive such notice period.

Confidentiality

The Paydash Retailer acknowledges that during the pendency of this Agreement, it will have access to proprietary information and trade secrets and or information concerning the business or financial affairs of Paydash and or of Paydash’s Partners (the “Confidential Information”). The Paydash Retailer agrees a undertakes to treat the Confidential Information as strictly secret and confidential and the Paydash Retailer will, not without Paydash’s prior written consent disclose or divulge the same or any part thereof to any person or otherwise make any use of the same. This confidentiality covenant will survive the termination of this Agreement without any limit in point of time.

ASSIGNMENT

The Paydash Retailer understands and agrees that Paydash retains the right to transfer all assets, including the technology, in relation to the System to any party it so deems fit (the “Transferee”) and upon such transfer, the obligations, rights, and duties owed by the Paydash Retailer towards Paydash pursuant to this Agreement will stand transferred to the Transferee. For the avoidance of doubt, it is clarified that upon such transfer being effective, the relationship between the Paydash Retailer and Paydash will stand terminated.
The Paydash Retailer understands and agrees that the responsibilities, rights, obligations, and interests accruing to him pursuant to this Agreement are not transferable.

Indemnity

The Paydash Retailer hereby agrees to indemnify Paydash, and keep Paydash indemnified and hold Paydash harmless against all damages: actions, proceedings, costs and expenses incurred by Paydash as a result of, or in consequence of, arising from, or otherwise connected with any default, failure or non-compliance or contravention by the Paydash Retailer, in relation to the System (including maintenance and operation of the Paydash Retailer Outlets by the Paydash Retailer) and or the Licensed Rights. In addition, the Paydash Retailer will indemnify (and not hold Paydash or its Bank responsible), and hereby keeps Paydash and the Bank indemnified and harmless from and against any claims, Chargebacks, demand, action, suits or proceeding, liabilities, losses, costs, expenses, taxes, legal fees, fines, penalties or damages asserted against or incurred or suffered by Paydash or his Bank on account of acts or omissions of Paydash Retailer in connection with the sale of goods and/or services (by Paydash Retailer), the performance of this Agreement, breach of a contract or duty by Paydash Retailer , mis of the PoS terminal/Paydash Application or any other device provided/approved by Paydash, Paydash Retailer’s failure to observe any of the procedures, requirements or obligations to be complied with in accordance with the Rules/ by-laws or regulations of any Card Schemes/RBI, negligence or fraud of any employee/servant/contractor etc. of Paydash Retailer, any of the representations or warranties of Paydash Retailer becoming false or untrue or on account of any dispute of Paydash Retailer with any customer or other third party. Paydash Retailer and not Paydash or its Bank will be responsible for the payment of any non-compliance fines or other penalties resulting from non- completion or non-compliance of the PCIDSS validation program or any other security standards as laid

CHEQUE CASHING, CASH ADVANCES AND/OR CASH REFUNDS

Paydash Retailer will not allow or make any cash advances and/or cash refunds directly to the Card Members/Wallet Holders, and further, Paydash or its Bank will not be responsible or held liable for such actions except for making transactions under Cash at PoS.
Cash @ PoS: Disbursement of cash to the maximum limit prescribed by RBI under the Cash @ PoS scheme at identified Paydash Retailer Outlets. The Paydash Retailer needs to accept the terms and conditions for performing the same.

TENOR

This Agreement will come into force from the date of this Agreement and remain in force for a period of 1 (One) year. Paydash may, however reappoint or ren based on business performance, by issuing a renewal letter signed by an authorized representative of Paydash, before expiry of the agreement. If the Paydash Retailer wishes to renew his, you will be required to comply with the terms and conditions as will be made available on the renewal application

NOTICE

All notices required to be provided for by or under this Agreement will be given in writing by prepaid registered post, or by hand or courier or by register mail and will be forwarded to Paydash or the Paydash Retailer at the addresses set out below unless other address has been specified by a party hereto by written notice thereof to the other party. To Jaharvir Finvis Private Limited Tower-B, Floor-6th, Office No-615 & 616, KLJ Noida One B 8, Block B, Industrial Area, Sector 62, Noida, Uttar Pradesh 201301 To Paydash Retailer To the Address as available on the records of Paydash

LIABILITY

Paydash will not be liable for any errors, misrepresentations or false entries by the Paydash Retailer with respect to the System. Paydash is not liable in case of loss of cash from the Paydash Retailer Outlet.

LIMITATION OF LIABILITY

Under no circumstances will Paydash, its officers or directors be liable to the Paydash Retailer or anyone else for any loss or injury or any direct, indirect, or other consequential damages arising out of or in connection with the use of the System, and the operations as a Paydash Retailer. Without limiting the generality of the foregoing, Paydash’s total aggregate liability arising from or related to your operations as a Paydash Retailer whether in contract or tort will not exceed Rs.1000/- (Rupees One Thousand only).

Governing Law and Jurisdiction

This Agreement is governed by and will be construed in accordance with the laws in force in India and the Courts at Noida Uttar Pradesh, India will have exclusive jurisdiction to try disputes arising under this Agreement. Each Party waives any right it has to object to an action being brought in those courts including by claiming that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction