The Terms Of Use (“Terms”) set out herein shall be a legally binding agreement between you (“User”) and PaypointIndia Internet Services Private Limited (further mentioned as “Us”, “We”, “PaypointIndia”, “Company”). By creating an account (“User Account”) it is presumed that you have understood and fully accept to be bound by these Terms of Use.
The PaypointIndia service includes features that you can manage through the mobile application including but not limited hosting, a url, creations of blogs, inviting endorsements or testimonials, importing content from social networks, contact form, newsletter, etc (hereinafter referred to as service/s). The service is built using PaypointIndia’s proprietary technology and third party integrations. The said services may be modified from to time and will be dependent and synchronised in accordance with terms of third party service providers including but not limited to hosting companies, domain registration, login and content related services from other social networks or websites, open-source software libraries.
PaypointIndia may at any time modify these Terms of Use (“Terms”) for the Service without any prior notice of intimation to you. You can access the latest version of the Terms at any given time at Paypoint India . You should regularly review the Terms Of Use. In the event, the modified Terms are not acceptable to you; you should discontinue using the services. However, if you continue to use the Services, you irrevocably and unconditionally agree to accept and abide by the modified Terms.
To avail or use the Services you will have to create an account through the PaypointIndia mobile application. During the registration process, you agree to provide to us complete and accurate registration information (“Registration Data”) and update the same from time to time. If it is found that the information provided by you at anytime is untrue, inaccurate, not current or incomplete PaypointIndia has reasonable grounds to suspend or terminate the services to the said account. If you use the services of PaypointIndia, you are responsible for maintaining the confidentiality of your account and password and for restricting access to the devices with access to your account. You agree to accept responsibility for all activities that occur under your account with or without your knowing.
Subject to your full compliance with the PaypointIndias Terms of Use and timely payment of all applicable Fees, PaypointIndia grants you, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the PaypointIndia Services. You may not modify or manipulate in parts or entirety, reproduce, duplicate, copy, sell, resell any part of the service or build an add on feature with or without code that changes the scope of the service from what it is intended to. Any unauthorized use terminates the permission or license granted by PaypointIndia to you. These Terms, and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between PaypointIndia and you.
Users are advised to make appropriate enquiries before acting upon any contact. Our site does not vouch for or subscribe to the claims and representations made by any one including members, users, subscribers or visitors to PaypointIndia. Further, PaypointIndia will maintain confidentiality about personal information furnished by Users. However, PaypointIndia may divulge such information if required by law. By agreeing to create an account on PaypointIndia and upon using the services on its consortium of portals, a user allows PaypointIndia to get in touch with him/her from time to time for events or offers. This could include offers, information, as well as promotions; PaypointIndia can use the contact information provided by you for this purpose. To understand more implication on how your information can be used please refer the Privacy Policy mentioned further on this page.
You represent and warrant that you are competent and eligible to enter into a legally binding agreement / these Terms Of User and have the requisite authority to bind any other party or entity you may be acting on behalf of. By registering on PaypointIndia you are explicitly understand and agree that:
You are over the required legal age to create a website as per you local jurisdiction
You are not barred from using any such service by or under any applicable law or order
You have gone through the Terms and Conditions and agree to be bound by them
The PaypointIndia service is not free, however PaypointIndia may provide a free trial period of the service with limited functionality to users on a temporary URL; at the end of the trial period the user must either purchase the service or stop using it.
The charges (“fees”, “cost”) are calculated by incorporating the cost for the domain name selected by the user, a predefined allocated quota of hosting, bandwidth and the PaypointIndia services for one year. The charges may vary depending on the custom domain name selected by the user. The user may have to buy additional bandwidth in the scenarios the entire allocated quota has been consumed; in which scenario the user will be notified within the app and via e-mail. There also may be other add on services or increased quotas that the user may be able to purchase for an additional fee. Our base fee calculation may be done in Indian Rupees, US Dollars, Singapore Dollar and rate of conversion may vary.
The charges are subject to change and in the rare scenario they change, they will only come into effect at the time of the following renewal. The modification of fees shall be intimated to the user via email. The services are not transferable and cannot be directly and/or indirectly assigned or alienated or licensed so as to be used by any other person/entity.
Domain name: PaypointIndia shall be the owner of the domain name registered by you using our service. In case you choose to use a domain name you already own; PaypointIndia will send you a instruction on how you can do so.
The fees and charges are not refundable. In case your bank or card company reverses or declines the fees transferred to us with or without your instruction PaypointIndia will be compelled to challenge your dispute and will immediately terminate / suspend your account
The said services can be terminated by you at any time. You are not entitled to give any reason for your termination. However, upon termination, the charges shall not be refunded to the user. The intimation for the same should be sent to hello@thePaypointIndiateam.com
In case you wish to terminate your membership of PaypointIndia but intend to use the same domain name with a different service provider, a transfer will be charged and the same shall not be refunded if you resume/reuse PaypointIndia/our services. The resolution time for support will be provided to you via e-mail.
If you use a domain that you already own you are not entitiled to get any discount or concession for the same. Modifications in the plan from domain registered through PaypointIndia to using a domain you already own and vice versa are not supported.
The user is solely responsible for the all the activities and content the user generates on their account. The user represents and warrants that the user own all the user content or have the rights necessary including copyright if applicable. In case of a copyright claim against the user, PaypointIndia may be compelled to remove or modify the content until the dispute is resolved. PaypointIndia shall not be held liable for the damages caused by others’ user content. Further, although PaypointIndia is not obligated to monitor ,access, amend or modify the services and content of the user, PaypointIndia has the right to do so for the purpose of operating the services, to ensure that the user and PaypointIndia to comply with the terms, applicable laws and other requirements. The user grants PaypointIndia access and right review, distribute and use the information the user makes public.
The services may allow the user to import content or redirect to pages from third party services for the convenience of the user and PaypointIndia will not be responsible for the contents, material, information, products, services provided by those websites. You acknowledge and accept the sole responsibility for and all the content risk arising from the said third party website services. PaypointIndia will not be held liable for the same and the user will not be indemnified for the risk or loss arising out of the said third party services.
The user agrees and undertakes that he/she/they will not publish, submit, transmit any content which in violation of the Terms of Use or which might be offensive, false, fraudulent, illegal, discriminative, misleading, encourages any conduct that would be against public interest or violate any applicable law or regulation. The user will not use any part or the service in its entirety to impersonate, defame, misrepresent their affiliation with any person or entity; harass or create harm against any individual or group. The users agrees to not promote or encourage obscenity, vulgarity, pornography, bigotry, racism, hate, illegal or harmful activities or substances Access. Encourage, himself or enable any other individual to do any of the aforesaid.
Users may meet, connect, interact or share information with other users who may or may not have registered with PaypointIndia; communications or sharing personal or public information through PaypointIndia does not fall into the purview or PaypointIndia. PaypointIndia does have any responsibility or control over such interactions or the conduct of users or the leaking or loss of personal or publicly available information that is shared using the tools provided by PaypointIndia. The use of the Services by the user shall be entirely at user’s risk and consequences thereof.
The users are also prohibited from attempting to;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PaypointIndia or any other third party or another user
Attempt to access or search the from the server, database, system through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like)
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store information from the services from other users of the Services without their express permission
Create or send fake or manipulative traffic to their sites of or the sites of other users
PaypointIndia has made available this Service as a matter of convenience. We disclaim any claim or liability arising out of creating, uploading or sharing of any content. The User irrevocably agrees and acknowledges that the User shall be solely responsible for his/her conduct / content and indemnifies the app, company from any legal actions. PaypointIndia reserves the right to terminate your rights to use the Service immediately in case of you uploading of any obscene, vulgar or pornographic images, photographs or pictures or altering or distorting the images available under this Service in an obscene, vulgar or pornographic manner, notwithstanding penal provisions under the local law or any other statutory, legislative or regulatory authority authorized in this regard from time to time.
In no event shall PaypointIndia, any of its executives, service providers will be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of data, or profits, arising out of or in any way connected with the use or performance of the Services even if PaypointIndia has been advised of the possibility of damages, or inability to use the Services or related Services, the provision of or failure to provide Services, or for any information, software, products, services or content obtained through other Services or otherwise arising out of the use of the other Services, whether based on contract, tort, negligence, strict liability or otherwise, even if PaypointIndia or any of its suppliers have been advised of the possibility of damages.
User agrees to defend, hold harmless indemnify and hereby indemnifies, the company’s employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including advocates and attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Terms of Use or arising out of the User’s infringement of any applicable laws, regulations, Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Terms of Use.
PaypointIndia owns and retains other proprietary rights of the services provided herein. The Site contains the copyrighted material, trademarks, and other proprietary technology and information of PaypointIndia and its licensors. Unless you have been given permission, you shall not directly and/or indirectly copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
The information about the Services provided by PaypointIndia are on the basis of the information received from third parties and are on an “as is where is” basis. PaypointIndia makes no representations or warranties of any kind, express or implied, as to the operation of the product, the information, content, materials or Services provided from the third parties. To the full extent permissible by applicable laws PaypointIndia disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. PaypointIndia will not be liable for any risk that the user undertakes with respect to damage of any kind arising from the use of any of the Services offered, including but not limited to direct, indirect, incidental, punitive and consequential damages.
PaypointIndia makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, quality, reliability, suitability, availability, timeliness, continuity, performance of the Service. All such information, content, software, products, services are provided without warranty of any kind. Users specifically agree that PaypointIndia shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through our Service. PaypointIndia makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, error-free, virus-free or other harmful components basis.
The PaypointIndia application / service is created and controlled by PaypointIndia in Mumbai, India and the laws of India shall apply. Further courts in Mumbai, India shall alone have jurisdiction in respect of all the terms, conditions and disclaimers. PaypointIndia alone reserves the right to make changes to the site and the terms, conditions and disclaimers thereof. All disputes arising out of or in any way affecting the users as also including interpretation of any of the terms are to be referred to Arbitration in India under the Arbitration and Conciliation (Amendment), 2015 (Indian Act) before a Sole Arbitrator or any other modified Arbitration laws of India. The parties to these Terms of use hereby submit to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. You grant us the right to seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai, India, necessary to protect the rights or the property of the company (or its agents, suppliers, service providers, shareholders, employees and associates), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
When you write to us through the contact form on our website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this application. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. For suggestions, complaints and feedback please address your communications to feedback@paypointindia.com
All notices, demands to or upon web site shall be effective only in writing and shall be duly made when sent to on the following Address:
Pay Point India Network Pvt. Ltd
A Wing, 203, Supreme Business Park,
Hiranandani Garden, Powai,
Mumbai - 400076 Maharashtra - India