ePayhub: India's best online portal for pay using Credit card & Best platform for freelancers to collect payments by Credit cards

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.epayhub.in website or the ePayHub (collectively, “Platform”) for the Website, mobile application and handheld devices.

SECTION 1: TERMS OF USE
1. These terms of use (the " Terms of Use") govern your use of our Platform. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform. By even merely using the Platform, you shall be contracting with Company Private Limited, and you signify your acceptance to the Terms of Use and other Company policies (including but not limited to the Privacy Policy and Cookies Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
2. The Platform is operated and owned by Flexypay Solutions Private Limited (“Company”, “we”, “us” and “our”), a private company incorporated under the Companies Act, 2013 and having its registered office at 91 Springboard, Plot No. 71, LVS Arcade, Jubilee Enclave, Hitec City, Madhapur, Hyderabad - 500081. For the purpose of these Terms of Use, wherever the context so requires, "you" shall mean any natural or legal person who has agreed to use, upload, participate on the Platform by either providing/ not providing registration data while registering on the Platform as a registered user using any computer systems.
3. Company may, in its sole discretion, modify these Terms from time to time, and You agree to be bound by such modifications. Although we may attempt to notify You when major changes are made to these Terms, You should periodically review the most up-to-date version which shall always be accessible from the homepage of the Company website. If You do not agree to the modified Terms, Your only recourse is to stop using the Company Service. Your continued use of the Company Service after the date the modified Terms are posted will constitute Your acceptance of the modified Terms.
4. You shall not use the Company Service if (a) You are not of legal age to form a binding contract with Company, or (b) You are a person who is either barred or otherwise legally prohibited from receiving or using the Company Service under the laws of the country in which You are resident or from which You access or use the Company Service.
5. If You are not an individual, You represent to Company that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, Creatorship, association or other entity in whose name You using or accessing the Company Service.
SECTION 2: REGISTRATION
1. You shall be permitted to access the Platform, avail the Company Services on the Platform only upon creating an Account (as defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform, Company Services is subject to Your continued registration on the Platform. You will be required to enter Your personal information including your name, contact details, valid phone number while registering on the Platform.
2. As a part of the registration, You may be required to undertake a verification process to verify Your personal information and setting up the Account.
3. Company shall have the right to display the information, feedback, ratings, reviews etc. provided by You on the Platform. You agree and accept that as on the date of Your registration on the Platform, the information provided by You is complete, accurate and up-to-date. In the event of any change to such information, You shall be required to promptly inform Company of the same, in writing, at least 2 week prior to the date on which such change shall take effect. You acknowledge and accept that Company has not independently verified the information provided by You. Company shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.
4. By accessing and/or using the Company Service, without being logged into Company Account, You will be hereinafter a “Visitor.” As a Visitor, You will only have the ability to access, view the Company Service, but will not be able to benefit from all the other features available on the Company Service. A “Company Account” means an account dedicated to avail the Company Services by creating and signing up for a Company Account.
5. By creating a Company Account, You agree that You alone will be responsible (to Company and to others) for all activity that occurs under Your Company Account. The user id and password which are necessary to access the Company Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential.
SECTION 3: DESCRIPTION OF THE COMPANY SERVICE
1. Company is engaged in the business of providing a platform for its users to make online transactions through various Company’s Financial Partners to the end users (“Company Services”)
2. Company may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate the Company Services from time to time. Company does not provide any guarantee to You that the Company Services will be made available to You at all times.
3. If You are a User, You may notably upload your feedback and comments (that must be compliant with these Terms) on the Company Service, and have a username that will be associated with Your Company Account. Any and all elements posted by You on the Company shall be your sole responsibility.
4. You hereby agree and acknowledge that Company is only a facilitator between You, the Company’s Financial Partners (as the case maybe) and Company only provides You with access to the Platform to connect with Company’s Financial Partners for You to initiate transactions on the Platform. You hereby agree and acknowledge that Company shall not be a party to any of the transactions that are initiated by You through the Platform and Company shall not be liable in any manner or incur any liability with respect to the services performed by the Company’s Financial Partners, as the case may be. Further, You hereby agree and acknowledge that Company shall not be liable for the conduct, acts and omissions of the Service Professionals in the course of providing their services to You, or for any loss or damage to the item or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Company’s Financial Partners, as the case may be.
5. You hereby agree that, in the event, Company shares any false information as a result of Company’s Financial Partner’s action, Company shall not be responsible for the same.
6. You shall not initiate payment through Company’s Financial Partners for any act which is illegal, immoral, unethical, unlawful, unsafe which are in violation of this Terms of Use and applicable laws. Further, You hereby acknowledge and agree that Company shall not be liable for any indirect, direct damage or loss, cost, expense incurred by You in relation to the transactions initiated by You on the Platform.
7. You hereby acknowledge that Company shall not be liable for any damages of any kind arising from Your use of the Company Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
8. Company shall be entitled at any time without giving any reason terminate Your request for the Company Service.
9. You hereby agree that, Company shall not be liable for any conduct or misbehaviour or actions of Service Professional with respect to any transactions initiated on the Platform. Further, You agree that Company has no control over the transactions initiated by You on the Company’s Financial Partners and therefore, Company shall not incur any liability with respect to such services. However, keeping in mind the interests of the Users, We have informed Company’s Financial Partners to ensure that services be rendered with utmost care.
10. If a transaction initiated by You on the Platform cannot be completed, Company shall notify You on the Platform.
11. We can’t fulfil any tasks which are immoral or unlawful in nature. Company reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by Company’s internal policies or as per the independent discretion of Company. Company may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party. It is clarified that, the Company reserves the rights to render services and hereby may refuse to render Company Services at its sole discretion.
12. You understand and acknowledge that Company by itself does not render any services other than the Company Services. Company is not responsible for the payments initiated by the Company’s Financial Partners. Accordingly, in the event of any grievances arising from the transaction initiated on the payment gateway through the Platform, You may contact Company support for routing.
13. You hereby acknowledge that if You have any complaint with respect to the Company Services, You will first inform Company in writing within [] hours of using such Company Services.
14. You hereby acknowledge that, Your payments will also be governed by the terms prevailing on the Company’s Financial Partners websites.
SECTION 4: USER INFORMATION
1. You are solely responsible for and in control of the information You provide to us. Compilation of User Accounts and User Account bearing contact number and e-mail addresses are owned by Company. Further, You understand and agree that certain information will be case sensitive and must be handled with a prudent care.
2. In the case where the Platform is unable to establish unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. Company reserves the full discretion to suspend a User's Account in the above event and does not have the liability to share any Account information whatsoever.
SECTION 5: INFORMATION INPUT
1. You are responsible for all the information you input during your use on the Platform.
2. In particular you are responsible for ensuring the correctness of (i) details of the Counterparty’s bank account to whom payment is intended to be made; (ii) details of the payment instrument (or selection from the saved credit cards) using which payment is to be made; and (iii) the amounts of payment. In the event you input any of these details incorrectly, You will be responsible for the resultant transaction and all charges that result from the same. Company may at its own discretion, without having any obligation to do so, assist in reversing such transactions if technically feasible and viable for Company.
3. Company may ask for additional information if required from time to time including but not limited to Counterparty’s permanent account number (PAN), your PAN, rental agreements etc to verify the underlying transactions, and in case you fail to provide such information then you may be unable to use the Platform or Company’s Services.
4. In particular, if the rental amount to be paid by You is more than INR 1,00,000/- (Rupees One Lakh Only), submission of landlord’s PAN is mandatory. Without such information, the payment will not be processed. Further, Company may ask for additional documents in case a transaction appears to be suspicious. Failure to provide such documentation within 72 hours may result in your transaction failing and at Company’s sole discretion, Your access to Platform being revoked.
5. You are responsible for ensuring that all the payment details provided by you are accurate.
SECTION 6: PAYMENT TERMS & RATING
1. While initiating a request for a Company Services on the Platform, You shall pay the service fees for availing the Company Services along with the payment initiated through the Company’s Financial Partners, as may be displayed to You on the Platform. Only upon making such payment will you be eligible to avail the Company Service.
2. You agree that after completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and comments about the Company Services.
3. Company and its affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with the business of Company and its affiliates without attribution to or approval of Users and You hereby consent to the same. Company and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Company’s or its affiliates’ content policies.
4. You acknowledge and agree that Your geo-location information is required for You to avail the Company Services and initiate transactions on the Platform. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, Company may share Your geo-location information with Company’s Financial Partners (as the case maybe).
SECTION 7: CANCELLATION, REFUND AND CHARGEBACK
1. Company shall confirm and initiate the execution of the transaction initiated by You upon receiving confirmation from You for the same. If You wish to cancel a transaction on the Platform, You shall contact the platform and raise a request. It is to be noted that You may have to pay a cancellation fee for transactions initiated on the Platform for which work has already been commenced by the payment gateway.
2. Company may cancel the transaction initiated by You on the Platform, if:
  1. The designated account provided by You is outside the service zone of Company.
  2. Failure to get your response via phone or any other communication channel at the time of confirmation of the order booking.
  3. The transaction involves illegal, offensive actions or violative of the Terms of Use.
  4. Information, instructions and authorisations provided by You is not complete or sufficient to execute the transaction initiated by You on the Platform.
  5. If a payment gateway is not available to perform the services, as may be requested.
  6. If the transaction cannot be completed for reasons not in control of Company.
3. You shall only be able to claim refunds for transactions initiated by You only if You have already pre-paid the fees with respect to such transaction. You shall be eligible to get the refund if Company has cancelled the order because of any reason mentioned under Para 7.2 (e) and (f) above.
4. All decisions with respect to refunds will be at the sole discretion of Company and in accordance with Company’s internal refund policy (Refund Metrix) and the same shall be final and binding. All refunds initiated by Company shall be refunded to the financial source account from which, You have initiated the transaction on the Platform.
5. Notwithstanding anything contained herein, Company is only responsible for arranging troubleshooting of the users' complaints and directing the users to the Financial Partners. The ultimate responsibility of the replacement or refund lies with the Financial Partners.
6. The amount of a transaction maybe charged back (‘Chargeback’) if the transaction is (i) disputed by cardholder; (ii) reversed for any reason; (iii) not authorized by cardholder or if Company or the issuing bank has reason to believe that it is not authorised; or (iv) is considered unlawful or in breach of these Terms and Conditions.
7. In case of a Chargeback, You will owe Company and will be required to immediately pay Company the amount of any Chargeback and any associated fees, fines or penalties as assessed by the payment gateway, bank, card association or processor. You agree to assist Company when requested to investigate any of your transactions made using the Company Platform. Your failure in providing timely assistance to Company, including without limitation providing documentation, where required within 72 hours, may result in an irreversible Chargeback.
8. Further in such cases your use of Platform or the entire Company Services maybe blocked for an indefinite period of time as decided by Company on a case-to-case basis.
SECTION 8: ELIGIBILITY TO USE
1. The Company Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by Company from accessing the Platform for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving using or availing Company Services under the applicable laws.
2. Company reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without according any reasons for doing so.
3. You shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.
SECTION 9: REPRESENTATIONS AND WARRANTIES
1. Subject to compliance with the Terms of Use, Company grants You a non-exclusive, limited privilege to access and use this Platform and the Company Services.
2. You agree to use the Platform only: (i) for purposes that are permitted by this Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Company or Company’s Financial Partners or other Users.
3. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing the Company Services.
4. You represent and warrant that You are legally authorised to view and access the Platform and avail the Company Services.
5. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Company Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
6. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. Company disclaims all liabilities arising in relation to such offensive content on the Platform.
7. Further, You undertake not to:
  1. defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;
  3. do any such thing that may harms minors in any way;
  4. copy, republish, post, display, translate, transmit, reproduce or distribute any Company Property through any medium without obtaining the necessary authorization from Company;
  5. conduct or forward surveys, contests, pyramid schemes or chain letters;
  6. upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
  7. upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
  8. engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
  9. attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or through the Platform, by hacking, password mining or any other illegitimate means;
  10. probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
  11. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
  12. collect or store data about other Users, Service Professionals in connection with the prohibited conduct and activities set forth herein;
  13. use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
  14. use the Platform or any material or Company Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
  15. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  16. impersonate any other User, Service Professionals or person;
  17. violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
  18. violate the Terms of Use contained herein or elsewhere;
  19. threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and
  20. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
  21. You agree and acknowledge that the use of the Company Services offered by Company is at Your sole risk and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
  22. Without prejudice to the above, Company makes no representation or warranty that the Company Services will meet Your requirements.
  23. All materials/content on our Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Company. You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without Company’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Company hereby grants You a non-exclusive, freely revocable (upon notice from Company), non-transferable access to view the Material on the Platform.
SECTION 10: INTELLECTUAL PROPERTY RIGHTS
1. The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by Company ("Company Property") and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Company Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use Company Property without the prior written consent of Company.
2. The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of Company, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of Company or such third party as may be applicable.
SECTION 11: RIGHTS GRANTED TO COMPANY’S FINANCIAL PARTNERS
1. Notwithstanding anything contained herein and in Company's Privacy Policy, the User authorizes Company to share with its finance partners, any and all information that the User may provide in relation to the use of the Site for availing the products and/or service of Company’s finance partners.
2. By clicking on the "Apply Now/Submit" tab:
  1. The User agrees and authorizes Company’s finance partners to contact the User and communicate with the User over emails, telephonic calls, or SMS on the mobile number mentioned on the Site, or through any other communication mode, to verify the details provided by the User on the Site or to verify the information provided by the User during registration on the Site.
  2. The User confirms that the User would like to know through the above-mentioned communication modes, about the various offers and promotion schemes relating to various products/services offered by Company’s finance partners/its group companies, from time to time.
  3. The User further agrees and confirms that the laws in relation to the unsolicited communication referred to in the "National Do Not Call Registry" (the "NDNC Registry") as laid down by the Telecom Regulatory Authority of India will not be applicable for such communication/calls/ SMS received from Company’s finance partners, its group companies, employees, representatives and/or agents.
  4. The User authorizes Company’s finance partners to exchange and share all information and details, as provided by the User on the Site, with third parties, including but not limited to Company’s finance partners' group companies, service providers, financial institutions, credit bureaus, telecommunication companies, statutory bodies, etc., for customer verification, personalization of products or services, credit rating, data enrichment, marketing or promotion of services or related products of Company’s finance partners or that of its associates and affiliates or for enforcement of the User’s obligations. In this regard, the User agrees that it shall not hold Company’s finance partners (or any of its group companies or its/their employees/agents/representatives) liable for using/sharing of the information as stated above.
  5. The User understands and agrees that pursuant to this application form, the User will be required to submit documents to the satisfaction of Company’s finance partners and accept the loan terms and conditions as prescribed by Company’s finance partners in relation to the products and/or service applied by the User.
    “I, as a subscriber/ User of the services offered through the web portal Company.in, do herby expressly authorise Company.in and any of their business associates to call/ SMS my/our registered phone numbers (as provided by me / us to Company.in). I hereby expressly state that such authorisation shall override the national Do-Not-Disturb Registry ("DND"), even if the phone numbers in question are registered under DND list of national Consumer preference registry (NCPR/NDNC). I/we also undertake that I/We will not make any complaints to NDNC for any calls received from Company.in services/ products, and shall indemnify Company.in and any of its business associates for having engaged in any such practice. I realise, acknowledge and expressly authorize Company.in to make the initial communication (via Call / SMS / E-mail/WhatsApp) for the purposes of confirmation of my credentials provided by me. I hereby authorize Company.in and its business associates to continue contacting me via any of the modes of communication listed above, till such time as I expressly opt-out / unsubscribe from the service offered by Company.in. Till such time, Company.in and its business associates shall have all rights to continue communicating with me and I shall completely indemnify them against any liability that may arise as a result of such authorisation to communicate. Such indemnification shall extend to court cases and suits and all lawyer / advocate fees, even if the dispute is never subjected to judicial scrutiny.”
SECTION 12: DISCLAIMER OF WARRANTIES & LIABILITIES
1. You expressly understand and agree that, to the maximum extent permitted by applicable law:
  1. The Platform and Company Property, Company Services are provided by Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Platform, Company Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet Your expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from Company shall create any warranty not expressly stated in the Terms of Use.
  2. Company will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
  3. Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.
  4. Company shall not be responsible for the delay or inability to use the Platform, Company Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Company's control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
SECTION 13: INDEMNIFICATION AND LIMITATION OF LIABILITY
1. You agree to indemnify, defend and hold harmless Company and its affiliates including but not limited to its officers, directors, consultants, agents and employees ("Indemnitees") from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, Company Services, any misrepresentation with respect to the data or information provided by You in relation to the Account, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
2. In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Company Property on the Platform.
3. You indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Platform or Company Services.
4. Subject to applicable laws, in no event will Company or its employees aggregate liability, arising from or related to the Company Services or the use of the Platform shall not exceed INR 100 for any and all causes of actions brought by You or on behalf of You.
5. The Platform and the Company Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User access or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and Company shall not be liable for the same, whatsoever.
SECTION 14: VIOLATION OF THE TERMS OF USE
1. You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, as the case may be, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company/Client may have at law or in equity. If Company takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
SECTION 15: ADDITIONAL TERMS & OFFERS
1. We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of this Terms of Use, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
2. BY EXECUTING THIS AGREEMENT / CONSENT FORM, THE USER EXPRESSLY AGREES TO ACCESS THE CREDIT BUREAU CREDIT INFORMATION REPORT AND CREDIT SCORE, AGGREGATE SCORES, INFERENCES, REFERENCES AND DETAILS (AS DEFINED BELOW) (TOGETHER REFERRED AS “CREDIT INFORMATION”). THE USER HEREBY ALSO IRREVOCABLY AND UNCONDITIONALLY CONSENTS TO SUCH CREDIT INFORMATION BEING PROVIDED BY CREDIT BUREAU TO THE USER AND COMPANY BY USING CREDIT BUREAU TOOLS, ALGORITHMS AND DEVICES AND THE USER HEREBY AGREES, ACKNOWLEDGES AND ACCEPTS THE TERMS AND CONDITIONS SET FORTH HEREIN.
  1. Information collection, use, confidentiality, no-disclosure and data purging: Company shall access the User’s credit information as the User’s authorized representative and Company shall use the credit information for limited end use purpose consisting of and in relation to the services proposed to be availed by the User from Company. Company shall not aggregate, retain, store, copy, reproduce, republish, upload, post, transmit, sell or rent the credit information to any other person and the same cannot be copied or reproduced other than as agreed herein and in furtherance to CICRA. The parties agree to protect and keep confidential the credit information both online and offline. The credit information shared by the User, or received by Company on the User’s behalf shall be destroyed, purged, erased promptly within 1 (one) Business Day from the completion of the transaction/ end use purpose for which the credit information report was procured.
  2. Credit bureau can be one of equifax/experian.
  3. Definitions: Capitalized terms used herein but not defined above shall have the following meanings:
    “Business Day” means a day (other than a public holiday) on which banks are open for general business in Hyderabad, Telangana.
    
    “Credit Information Report” means the credit information / scores/ aggregates / variables / inferences or reports which shall be generated by Credit bureau;
    
    “Credit Score” means the score which shall be mentioned on the Credit Information Report which shall be computed by Credit bureau.
    
    “CICRA” shall mean the Credit Information Companies (Regulation) Act, 2005 read with the Credit Information Companies Rules, 2006 and the Credit Information Companies Regulations, 2006, and shall include any other rules and regulations prescribed thereunder
SECTION 16: LINK TO THIRD PARTIES & OFFERS
1. The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Company shall not be responsible for examining or evaluating such third party websites, and Company does not warrant the services, products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. Company does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before You use/access any such third-party websites, You should review the applicable terms of use and policies for such third party websites. If You decide to access any such linked third party website, You do so at Your own risk.
2. Company may from time to time make available either directly or in partnership with its Financial Partners, certain benefits for using Company Services. All such offers shall be governed by their terms and conditions displayed on the Platform in addition to these T&Cs. Company’s decision of the winner of such offers shall be final and binding and not subject to any appeal or dispute resolution process.
SECTION 17: TERM AND TERMINATION
1. The Terms of Use will continue to apply until terminated by either You or Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, Company Services, Your only recourse is to (i) close Your Account on the Platform by writing to Us at [Customer Service Email]; and/or (ii) stop accessing the Platform. Company will make Your account dormant upon receipt of request in writing.
  Company may, in its sole discretion, bar your use of the Company Services at any time, for any or no reason. Even after your account with Company is disabled, dormant or made inactive, the terms agreed by You at the time of registration will remain in effect. This termination shall be effective only once You have cleared all Your dues that You are liable to pay as per the provisions of this Terms of Use.
2. The Company may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.
3. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Company chooses to terminate them.
4. You hereby agree and acknowledge, upon termination, Company shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.
SECTION 18: GOVERNING LAW
1. This Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Hyderabad.
SECTION 19: REPORT ABUSE
1. In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: help at(at=@)epayhub.in In case You have any queries with respect to the Terms or the Company Services, please write to Us at help at(at=@)epayhub.in.
SECTION 18: COMMUNICATIONS
1. You hereby expressly agree to receive communications by way of SMSs and/or e-mails from Company, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, You may still receive communications from Your end with respect to Your use of the Company Service.
SECTION 20: GENERAL
1. Amendments:Company reserves the unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. You can determine when this Terms of Use was last modified by referring to the "Last Updated" legend above. It shall be Your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.
2. Notice:All notices from Company will be served by email to Your registered email address or by general notification on the Platform.
3. Assignment:You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Company’s rights under the Terms of Use are freely transferable by Company to any third party without the requirement of informing You or seeking Your consent.
4. Severability:If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
5. Waiver:Any failure by Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Company of that provision or right.
6. Integration: These Terms of Use together with Company’s Privacy Policy and any other legal notices, communications published by Company on its Platform, and any other agreements executed between You and Company shall constitute the entire agreement between you and Company concerning its Platform, Company Services and governs Your use of the Platform and Company Service, superseding any prior agreements between You and Company with respect to the Platform and Company Service
7. User Grievance:
  Any User grievance relating to the discrepancies or misuse of information so provided to Company may be addressed to the grievance officer gro at(at=@)epayhub.in
  The grievance officer shall address the grievance within 21 days of the date of receipt of such grievance from the User.
8. IP Infringement If You believe the Platform violates Your intellectual property, You must promptly notify Company in writing at help at(at=@)epayhub.in. These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
  i. the intellectual property that You believe is being infringed;
  ii. the item that You think is infringing and include sufficient information about where the material is located on the Platform;
  iii. a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
  iv. Your contact details, such as Your address, telephone number, and/or email;
  v. a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
  vi. Your physical or electronic signature.