Terms & Conditions
We would like you to read these general terms of conditions (“Terms of Use” / “Terms of Service” / “Terms”) carefully before you use our platform or any of its services (“Services”). These Terms are legally binding and govern the use of our website, our mobile application, our API and other properties collectively called as the “MyPay Communication Platform” or “Platform” created by MyPay Communication India Limited, a company incorporated under the laws of India, with its registered office at 305 B block, Sai Kamal Appt., Sector-9, Titardi, Udaipur, Udaipur, Rajasthan, India, 313001 (“MyPay Communication” or “Company”).
These Terms are a binding agreement between you and MyPay Communication. These Terms are in addition to and not in derogation of any other terms stipulated by MyPay Communication from time to time. In case of any conflict between these Terms and such other terms, these Terms will prevail. Throughout this document, we use the terms “we” and “our” to refer to MyPay Communication and the terms “you” and “your” to refer to you, the User of the Platform. Both MyPay Communication and the User are collectively referred to as “Parties” and singularly referred to as “Party”.
We may revise these Terms, update the Platform and modify the Services at any time to improve your experience on our Platform and on account of changes in Applicable Law. If you do not agree with any change made by us, you have the option to stop using our Services. These Terms refer to and include our Privacy Policy.
ACCEPTANCE
These T&C were last updated on 8th July, 2022. Please carefully read these T&C. By signing-up to use the Platform, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By signing up to use the Platform, you represent that you have provided us with valid credentials which may be used to verify your identity. Please note that we may restrict, suspend, or terminate your access at any time to the Platform if we believe you have breached these Terms. For the security of your account and to enhance your overall experience on the Platform, we may use certain technologies to monitor your activities on the Platform.
ELIGIBILITY
MyPay Communication’s services are available to anyone having a valid email address and an Indian mobile phone number. The Platform must be accessed/used only by the persons who are eligible to enter into legally binding contracts under the Indian Contract Act and are ‘competent to contract’ according to Section 11 of the Indian Contract Act. Users who have been previously suspended or removed from availing any service by MyPay Communication shall not be eligible to avail services from MyPay Communication. Users shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
DEFINITIONS
For the purpose of these Terms of Use including General Terms and Conditions, Digi Kendra Terms and Conditions and Prepaid Card Terms and Conditions, the following words and phrases shall have the meaning assigned to them under this Article.
“Applicable Law” includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognized stock exchange, as may be applicable.
“Chargeback” shall mean and include reversal of any transaction made by Service Provider’s User inter alia, on account of, including but not limited to:
any alleged forgery of the User’s account, card or other details pertaining to the transaction;
any charge/debit made on account or card that has been listed as a hot listed card or otherwise listed on the card association warning bulletins;
duplicate processing of the transaction;
any amount required to be refunded due to, denial of a transaction by the User / valid card holder as wrongly charged payment / extra payments and/or due to the fraudulent use / misuse of the personal and financial information of the Service Provider’s User by any unauthorized person and / or any other reason as required / approved by the concerned banks, as the case may be
“Confidential Information” means and includes the Intellectual Property and any and all business, technical and financial information of MyPay Communication or of any of its affiliates that is related to any of the arrangements contemplated in these Terms of Use or any other document in which these Terms of Use are incorporated by reference or otherwise disclosed by MyPay Communication to the User any information which relates to its financial and/or business operations, including but not limited to, specifications, models, merchant lists/information samples, reports, forecasts, current or historical data, computer programs or documentation and all other technical, financial or business data, information related to its internal management, customers, products, services, anticipated products/services, processes, financial condition, employees, merchants, Intellectual Property, marketing strategies, experimental work, trade secrets, business plans, business proposals, customer contract terms and conditions, compensation/commission/ service charges payable to the User, and other valuable confidential information and materials that are customarily treated as confidential or proprietary, whether or not specifically identified as confidential or proprietary.
“Effective Date” or “Registration Date” shall mean the date of registration of account of the User on MyPay Communication’s platform.
“MyPay Communication Policies” shall mean and include the Terms of Use, Privacy Policy, Grievance Policy and any other such terms and conditions/policies available and updated from time to time on the MyPay Communication Platform.
“Intellectual Property” shall mean all intellectual property used for the purpose of or in association with or in relation to the performance of these Terms of Use and Applicable Agreement, and includes without limitation, (a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, or in association with, or for the operation of the software installed by the Company, (b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by the Company during the course of its business and all depictions, derivations and representations graphics, images, content and the ‘look and feel’ of all of the above, (d) all information, data or material in whatever form, whether tangible or not, provided by the Company to the User during the course of Applicable Agreement; and (e) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques, improvement, utility model, procedures, designs, skills, technical information, notes, experimental results, service techniques, samples, specifications of the products or services, labelling specifications, rights on software, and any other knowledge or know-how of any nature whatsoever.
“KYC” or “Know Your Customer” shall mean the process prescribed under the Applicable Law to collect and authenticate the User’s personal or business identification details before offering the Services to the User.
“Services” shall mean the services provided by MyPay Communication and various Service Providers to the Users utilizing the MyPay Communication Platform including but not limited to banking services, non-banking services and other such services either by itself or through a Merchant.
“Service Provider” shall mean any banking and/or non-banking entity with which MyPay Communication has, directly or indirectly, executed an agreement for facilitating Transactions between such entity and its customers.
“Users” shall mean individuals including all body corporates, partnerships, limited liability partnerships, etc., who are availing MyPay Communication services through the MyPay Communication platform.
1. GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the User’s access to the Services provided by MyPay Communication:
INFORMATION SUPPLIED TO MyPay Communication. Users agree that the information provided by the Users to MyPay Communication on registration and at all other times, including payment, is true, accurate, current, and complete.
SECURITY OF ACCOUNT. Users’ mobile number and email identifies a Users’ account with MyPay Communication through which MyPay Communication services are dispensed (“Account”). MyPay Communication encourages Users to choose a strong password to protect their Account. It is advised that Users do not share their password with anyone or write it down. Neither MyPay Communication nor its Service Providers, under any circumstances, will ever ask for a User's Account password or any other confidential information. If a User has any reason to believe that his Account is no longer secure, then the User shall immediately change the Account password and indemnify MyPay Communication from any liabilities that may arise from the misuse of such User’s Account.
PRIVACY POLICY. All information collected from a User pursuant to provision of MyPay Communication’s services, and information collected by Merchants or Digi Kendras during the performance of these Terms of Use or Applicable Agreement, is subject to MyPay Communication’s
Privacy Policy.
RECLAIMING INACTIVE ACCOUNTS.. If an Account is found to be overly inactive, the Account may be reclaimed by MyPay Communication without providing notice to the concerned User. An Account is considered as inactive if the concerned User is not signing in and/or has not done any transactions for more than 6 consecutive months.
THIRD PARTY SITES, PRODUCTS AND SERVICES. MyPay Communication’s services and/or the Site may include links or references to other web sites or services solely for the Users’ convenience (“Reference Sites”). MyPay Communication does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Correspondence or business dealings between Users and concerned Reference Sites are solely between such User and the concerned Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at the concerned User’s own risk.
COMMUNICATION POLICY. The User hereby accepts that:
MyPay Communication may send transactional or non-transactional business communication in the form of SMS or Email or Push notifications as part of its efforts to fulfil the User’s request or service your account. A User may continue to receive transactional and critical communication from MyPay Communication even after opting out of marketing communications.
MyPay Communication will make the best efforts to provide notifications and it shall be deemed that the User shall have received the information sent from the Company during the course of, or in relation to, using the MyPay Communication Platform or availing any Services. MyPay Communication shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User cannot hold the Company liable for non-availability of any notification service in any manner whatsoever.
LIMITATION OF LIABILITY.
In no event will MyPay Communication or its directors, agents, officers, or employees be liable to a User for any special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) of any kind arising out of or relating to.
a) this Terms of Use or any other agreement entered by a User with MyPay Communication,
b) MyPay Communication’s services, the Site or any Reference site, or
c) User’s use or inability to use MyPay Communication’s services, the Site or any Reference Sites, even if MyPay Communication or a MyPay Communication authorized representative has advised of the possibility of such damages,
d) unauthorized access to or alterations of transmissions or data, any material or data sent or received or not sent or received,
e) any transactions entered into by any third person or conduct of any other third party or any infringement of another’s rights,
f) the use of counterfeit or stolen cards, or stolen devices, or
g) fraudulent electronic transactions.
It shall be at the sole discretion of MyPay Communication to reverse any transaction subject to approval of the concerned Service Provider. Notwithstanding the above, if any court of law finds that MyPay Communication or its directors, officers, or employees, are liable to indemnify a concerned User despite the existence of this Clause 1.7, such liability shall not exceed the amount paid by the concerned User, if any, for using the portion of the MyPay Communication’s services or the Site giving rise to the cause of action.
Users acknowledge and agree that MyPay Communication has offered its products and services, set its prices, and entered into these Terms of Use and Applicable Agreement in reliance upon the warranty, disclaimers, and the limitations of liability set forth herein.
Users acknowledge that the warranty, disclaimers, and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between Users and MyPay Communication, and that the warranty, disclaimers, and the limitations of liability set forth herein form an essential basis of the bargain between Users and MyPay Communication. MyPay Communication would not be able to provide the services to Users on an economically reasonable basis without these limitations.
Users understand that MyPay Communication or the Service Providers may reject authentication and/or authorization of transaction placed by Users for any reason including but not limited to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management, suspicion of fraudulent transactions, selling of restricted or banned items, use of compromised cards or bank account numbers, use of banned/blacklisted cards or bank account numbers, use of suspicious API or in accordance with the regulator, Issuing, Acquiring Institution and/or Card Network rules, guidelines, regulations, etc. and any other laws, rules, regulations, guidelines in force in India.
User further acknowledge that as a security measure MyPay Communication and/or the Service Providers may at our sole discretion, permanently or temporarily, block any card number, account numbers, group of cards or transactions from any specific blocked or blacklisted cards / accounts, specific, group of IP addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.
As a risk management tool, MyPay Communication and/or the Service Providers reserve the right to limit or restrict transaction size, amount and/or monthly volume at any time. MyPay Communication will consider a variety of factors in making a decision and such determination will be at our sole discretion.
FRAUDULENT TRANSACTIONS
If MyPay Communication is intimated, by the bank, that a customer has reported an unauthorized debit/chargeback of the customer’s Payment Instrument (“Fraudulent Transaction”), the User shall be notified by MyPay Communication. The User shall be entitled to furnish documents and information pertaining to the Transaction associated with the Chargeback within one (1) day (or such other period specified by the bank).
The User agrees and acknowledges that
a) if the User is unable to furnish Chargeback Documents
b) the bank is not satisfied with the Chargeback documents furnished by the User, then the bank shall be entitled to order the MyPay Communication to affect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said chargeback amount is credited to the customer’s Payment Instrument.
MyPay Communication shall also be entitled to suspend the settlement of the amount under dispute or hold the value of transaction under dispute from following the settlement of the transaction during the pendency of inquiries, investigations and resolution thereof by the Service Providers to the User.
Pursuant to clause 1.8 (ii) above, if the amount in respect of the Fraudulent Transaction has already been settled to the User, any dispute arising in relation to the said Fraudulent Transaction, shall be resolved in accordance with the notifications, circulars and guidelines issued by the regulators or Service Providers in this regard from time to time.
The User also agrees and acknowledges that it is liable to pay fines, penalties and charges imposed by the Banks, card payment networks or any regulatory authority on account of Transactions that are in violation of Applicable Law.
The User further agrees and acknowledges that following MyPay Communication incurring the charge stipulated in clause 1.8(iii), if the available Transaction Amounts are insufficient for deduction of the Chargeback Amount, then MyPay Communication is entitled to issue a debit note seeking reimbursement of the Chargeback Amount from the User. The User shall reimburse the Chargeback Amount within three (3) working days of receipt of the debit note.
The Parties hereto agree that any payment instructions for Transactions accepted by the User as per the terms hereof which are subsequently disputed due to (a) the authorization by the User of any Transaction with an amount exceeding the User’s account balance or credit limit, or (b) the authorization by the User of a fraudulent Transaction, shall always be the liability and responsibility of User.
The User hereby acknowledges and agrees that MyPay Communication is a facilitator for payment processing services which are requested by Users and MyPay Communication shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another’s rights or any chargebacks claimed by the customers. It will be the responsibility of Users to ensure due protection while transacting online or otherwise. MyPay Communication will assist the Users in settling any queries related to the Services that arise between the Users, and its customers. However, MyPay Communication shall bear no responsibility with respect to the dispute or query related to payment made by the customers to the Users.
SECURITY OF YOUR ACCOUNT.
The User shall comply with the provisions contained in the Information Technology Act, 2000 and the statutory rules framed there under, from time to time, in so far as the same has application to its operations in accordance with these Terms of Use, and also with all other Laws, rules and regulations, whether already in force or which may be enacted from time to time, pertaining to data security and management, data storage, sharing and data protection, and various rules, regulation and provisions as may be applicable, as and when the same is enacted into a law and comes into force, and shall ensure the same level of compliance by all its employees.
The User confirms and certifies that it shall not engage in any act that violate any laws and regulations. It shall also ensure that the financial data or any other information of the customers received by the User are stored in a system only in India. This data shall include full end to end transaction details / information collected / carried / processed as part of the message / payment instructions. The User also acknowledges and agrees that the account balance maintained by the Users on MyPay Communication Platform shall be non-interest bearing and shall be forfeited by MyPay Communication if found lying unused for more than 365 days.
USER’S REPRESENTATIONS AND WARRANTIES. The User represents and warrants that.
it has had a full and adequate opportunity to read and review these Terms of Use and had sufficient time to evaluate and investigate the provision of services under the Applicable Agreement and the financial requirements and risks associated with the same.
it shall immediately intimate MyPay Communication of any violation or potential violation of these Terms of Use or of other circumstances that may cause damage to the goodwill and reputation of MyPay Communication,
it shall be responsible to obtain any and all consents and approvals that are required from regulatory or governmental authorities, including any consent from customers required to transfer data to the User and/or the MyPay Communication Platform, as the case may be, in accordance with Applicable Law,
it shall be solely responsible for and hereby undertakes to strictly comply with Privacy Policy, and Applicable Law having jurisdiction in any manner whatsoever in connection with discharge of its duties under the Applicable Agreement, including but not limited to data protection, security, piracy, and directions issued by the regulators relating to payment data, and shall obtain and maintain in full force and effect all registrations required under Applicable Law for the operation of the business in terms of the Applicable Agreement, and
it shall not access (or attempt to access) the website and the Products by any means other than through the interface that is provided by MyPay Communication. It shall not use any deep-link, page scrape, 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 MyPay Communication Platform, or in any way reproduce or circumvent the navigational structure or presentation of the platform, without MyPay Communication’s express prior written consent.
it shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
it shall inform the Company in case Income Tax Return is not filed by the User as per sec 139(1) of Income Tax Act, 1961 for the previous financial years starting from FY 2018-19 and undertake to indemnify and keep indemnified MyPay Communication against any and all losses, claims, liabilities, costs, taxes, interest, penalties imposed by any government and regulatory authority for non-complying with Section 206AB or any other provisions of Income Tax Act, 1961. The User also agrees that in case of any non-compliance as per the above-mentioned section the Company shall recover the TDS amount from the User along with interest and penalty.
INDEMNIFICATION. User agrees to indemnify, save, and hold MyPay Communication, its affiliates, contractors, employees, officers, directors, agents and its third-party suppliers, licensors, and partners harmless from any and all claims, demands, actions, suits which may be threatened or brought against MyPay Communication, and also against all losses, damages, liabilities, costs, charges and expenses, including without limitation, legal fees and expenses arising out of or related to:
Users’ use or misuse of MyPay Communication’s services or of the Site/application
any violation by the User of Terms of Use or Applicable Agreement,
any breach of representations, warranties and covenants made by the User in these Terms of Use, or Applicable Agreement,
any claim or legal notice or quasi-legal proceedings to which MyPay Communication may be required to become party or to which MyPay Communication may be subjected by any person including any governmental authority, by reason of breach of any Applicable Law,
due to failure of a User to obtain any required statutory or regulatory approval necessary for the performance of its obligations in the Applicable Agreement with MyPay Communication,
all liability, claims, damages, costs, expenses suffered or incurred by MyPay Communication as a result of any act or violation by User under Section 269ST of the Income Tax Act, 1961 while acting as collection agent of the Company.
MyPay Communication reserves the right, at User’s expense, to assume the exclusive defense and control of any matter, including rights to settle, for which concerned User is required to indemnify MyPay Communication. The User agrees to cooperate with MyPay Communication’s defense and settlement of these claims. MyPay Communication will use reasonable efforts to notify the User of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
DISCLAIMER To the fullest extent permissible pursuant to Applicable Law, MyPay Communication and its officers, directors, employees, and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by a User from MyPay Communication or through MyPay Communication’s services or the Site will create any warranty not expressly stated herein. MyPay Communication does not authorize anyone to make any warranty on its behalf and Users should not rely on any such statement. Users acknowledge that MyPay Communication is a reseller and is not liable for any third-party seller’s obligations. It is User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, merchandise and other information provided through the Site or on the internet generally. MyPay Communication does not warrant that its services will be uninterrupted, or free of errors, viruses or other harmful components, and that any of the foregoing defects will be corrected. MyPay Communication’s services and the Site and any data, information, third party software, Reference Sites, or Software made available in conjunction with or through its services and the Site are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied. MyPay Communication and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of MyPay Communication’s services, the Site or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise.
INTELLECTUAL PROPERTY.
MyPay Communication’s services and the Site are owned and operated by MyPay Communication and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of MyPay Communication’s services and the Site provided by MyPay Communication (the “Materials”) are protected by Applicable Law. As between User and MyPay Communication, all Materials and MyPay Communication’s Intellectual Property are the property of MyPay Communication and/or third-party licensors or suppliers. User agrees not to remove, obscure, or alter MyPay Communication or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through MyPay Communication’s services. Except as expressly authorized by MyPay Communication, the User agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or MyPay Communication’s Intellectual Property.
Parties do not accrue any rights or interest in the other Party’s Intellectual Property and use of any Intellectual Property by either Party shall be strictly for the fulfilment of and in compliance with the terms of the agreement between the Parties.
The Parties undertake that they shall not, nor will they allow others to, reverse engineer or disassemble any parts of the other’s Intellectual Property.
If Users’ have comments regarding MyPay Communication's services and the Site or ideas on how to improve it, please write to our 24x7 Helpdesk at help@MyPay Communication.in. Please note that by doing so, concerned User hereby irrevocably assign to MyPay Communication, and shall assign to MyPay Communication, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. The concerned User agrees to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
The User undertakes that:
they shall use the Intellectual Property solely for discharge of their duties under the Applicable Agreement,
they shall use Intellectual Property of other party only in the form and manner stipulated by such other party,
they shall seek prior written consent from other party for use of such party’s Intellectual Property which is not previously provided for by such Party,
they shall bring to other party’s notice all cases concerning such party’s Intellectual Property’s (a) infringement, (b) passing off, (c) registration, or (d) attempted registration,
they shall render to other party all assistance in connection with any matter pertaining to the protection of such party’s Intellectual Property whether in courts, before administrative agencies, or otherwise,
they shall refrain from taking any action which shall or may impair other party’s right, title or interest in the Intellectual Property, or create any right, title or interest therein or thereto, adverse to that of the other party,
they shall not use or permit to be used the Intellectual Property by any unauthorized person, and
they shall not misuse the Intellectual Property or use it together with any other mark or marks.
MODIFICATION. MyPay Communication reserves the right to change, modify, add, or remove these Terms of Use, either in its entirety or a part thereof (each, a “change”) at any time by posting a notification to the Site or otherwise communicating the notification to Users. The changes will become effective, and shall be deemed accepted by Users, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If Users do not agree with any such modification, Users sole and exclusive remedy is to terminate their use of the Services.
CONFIDENTIALITY.
The User shall keep Confidential Information as confidential. The User confirms that it shall protect Confidential Information with such security, confidentiality and degree of utmost care as it would prudently apply to its own confidential information and use it solely in connection with the transaction to which the Confidential Information relates. The User acknowledges and agrees that it is aware of the sensitivity & secrecy involved in keeping the customer data/information and transaction records and shall ensure that neither the User nor their employees, directors etc. will do any act to violate the same.
Notwithstanding anything contained in this Clause 1.15, Confidential Information shall exclude any information; a) which is already in the possession of the receiving Party and not subject to any other duty of confidentiality, b) that is at the date hereof, or subsequently becomes, public otherwise than by reason of a breach by the receiving Party of these Terms of Use, c) Information that becomes legally available to the receiving Party and/or its affiliates or professional advisors on a non-confidential basis from any third party, the disclosure of which does not, to the knowledge of that Party, violate any contractual or legal obligation which such third party has to the other Party with respect to such information, and d) Information that is independently acquired or developed by the receiving Party and/or its affiliates or professional advisors.
The User hereby agrees that it shall not disclose any Confidential Information received by it without the prior written consent of the Company to any third party at any time. Provided however, that either Party may make the following disclosures for which no consent shall be required from the other Party:
(a) Disclosures to its directors, officers, employees, affiliates / subsidiaries / group / holding companies, third party service providers and any employees thereof that it reasonable determines need to receive the Confidential Information;
(b) Disclosures to its legal and other professional advisers, instructed by it that it reasonably determines need to receive the Confidential Information; or
(c) Disclosures to any person to whom it is required by law or any applicable regulatory, supervisory, judicial or governmental order, to disclose such information, or at the request of any regulatory or supervisory or judicial or government authority.
TERMINATION
MyPay Communication reserves the right to suspend or terminate the User’s access to MyPay Communication Platform and Services without prior notice and without any liability to the User or any third party, in the event,
(a) the User is in a breach of these Terms of Use or any MyPay Communication Policies;
(b) the User is engaged or is suspected to engage in any restricted, illegal, fraudulent or abusive activity;
(c) the User provides any information which is incomplete, inaccurate or false or MyPay Communication has reason to believe that such information is incomplete, inaccurate or false.
Any suspension/termination of the User’s access to MyPay Communication Platform and Services shall be without prejudice to MyPay Communication’s right to exercise any other remedy available to it under the applicable law.
GOVERNING LAW . This Terms of Use shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions and the exclusive jurisdiction of competent courts in Udaipur Rajasthan, India.
FORCE MAJEURE . MyPay Communication shall not be liable for failure to perform its obligations under these Terms of Use to the extent such failure is due to causes beyond its reasonable control. In the event of a force majeure, the Company if unable to perform shall notify the User in writing of the events creating the force majeure and the performance obligations of the Company will be extended by a period of time equal to the length of the delay caused by force majeure; provided that if any such delay exceeds ninety days, then following such ninety day period, either Party hereto may terminate the unperformed portions of these Terms of Use on ten days prior written notice to the other Party. For the purposes of these Terms of Use, force majeure events shall include, but not be limited to, acts of God, failures or disruptions, orders or restrictions, war or warlike conditions, hostilities, sanctions, mobilizations, blockades, embargoes, detentions, revolutions, riots, looting, strikes, stoppages of labour, lockouts or other labour troubles, earthquakes, fires or accidents and epidemics and/or pandemics.
MISCELLANEOUS .
SEVERABILITY. If any provision of this Terms of Use is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Terms of Use to the minimum extent required, and the remaining provisions will remain valid and enforceable.
ASSIGNMENT. These Terms of Use and any rights granted hereunder, shall not be assignable by the User, but may be assigned by MyPay Communication without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
HEADINGS. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.
NOTICE. MyPay Communication may provide Users with notices and communications by email, regular mail, or posts on the MyPay Communication website(s) or by any other reasonable means. Except as otherwise set forth herein, notice to MyPay Communication must be sent by courier or registered post to the Legal Department, MyPay Communication India Limited, 1st Floor, B1/A5, Mohan Cooperative Industrial Estate, 305 B block, Sai Kamal Appt., Sector-9, Titardi, Udaipur, Udaipur, Rajasthan, India, 313001
WAIVER. The failure of MyPay Communication to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by MyPay Communication.
RELATIONSHIP BETWEEN THE PARTIES. The Terms of Use are not intended by the Parties to constitute or create a joint venture, pooling arrangement, partnership, agency or formal business organization of any kind. MyPay Communication and the User shall be independent contractors with each other for all purposes at all times and neither Party shall act as or hold itself out as an agent or representative of the other Party nor shall create or attempt to create liabilities for the other Party by acting or holding itself out as such.
Privacy Policy
MyPay Communication Private Limited(“MyPay”, “we”, “us”, “our”), respects every individual’s right to privacy and it is our endeavour to protect their personal and Sensitive personal data or information (defined below).
This Privacy Policy (“Policy”) applies to all visitors (i.e. those who do not have an Account with MyPay) and users (i.e. those who have an Account with MyPay) (collectively referred to as “User”) who share their personal and Sensitive personal data with us, while visiting, accessing, browsing and using our website and mobile application (collectively referred to as “Website”). The purpose of this Policy is to inform Users regarding collection, use, storage, transfer and disclosure of their data. Before submitting any information to us, please carefully read this Policy to understand how we shall treat your information.
The User acknowledges that this Policy is a part of MyPay’s Terms & Conditions available atTerms & Conditions and all terms defined in the Terms of Use have the same meaning here in this Policy. Access, browsing and continuous use of the Website constitutes the User’s unconditional consent to this Policy read together with the Terms of Use. If the User does not agree with the terms of this Policy, please do not visit and use our Website. This Policy can be easily accessed at various places on our Website, including but not limited to when Users create an account with us on our Website.
MyPay reserves its right to modify, alter, and update this Policy at any time, with or without prior notice. Although, Users shall be notified of material changes through their registered email address or any other mode of communication available with us, it is advised that they consult this Policy regularly to be updated about the changes. If a User continues to use or avail the services of the Website after any modification, amendment, alteration or change of this Policy, irrespective of whether notice was sent to the User or published on the Website, such User is hereby deemed to provide consent to this Policy and MyPay’s other Policies and practices existing at the time of visiting, accessing and/or using the Website.
This Policy is published in compliance of:
Section 43A of the Information Technology Act, 2000 (“Act”)
Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”)
Definitions
Personal Information
SPI Rules define “Personal Information” as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person. Such information includes name, address, mobile number, etc.
Sensitive personal data or information
SPI Rules define “Sensitive personal data or information” of a person as personal information which consists of information relating to:
passwords; financial information such as bank accounts or credit card or debit card or other payment instrument details;
physical, physiological and mental health condition;
sexual orientation;
medical records and history;
biometric information;
any of the information received under above clauses by body corporate for processing or storage under lawful contract or otherwise.
Information which is freely available in the public domain or furnished under the Right to Information Act, 2005 or any other law shall not be regarded as sensitive personal data or information.
Payment Data
“Payment Data” is defined as end-to-end transaction details and information pertaining to payment or settlement transaction that is gathered / transmitted / processed as part of a payment message / instruction. Payment Data includes - Customer data (Name, Mobile Number, email, Aadhaar Number, PAN number, etc. as applicable); Payment sensitive data (customer and beneficiary account details); Payment Credentials (OTP, PIN, Passwords, etc.); and, Transaction data (originating & destination system information, transaction reference, timestamp, amount, etc.).
Consent for collection of Personal Information
Users provide their consent to the use, disclosure, storage, possession, receiving, dealing or handling of their Personal Information by accessing, browsing, or availing services on the Website.
In accordance with Rule 5 of SPI Rules, Users provide their specific consent to the use, disclosure, storage, possession, receiving, dealing or handling of their Sensitive personal data or information for lawful purposes enumerated in this policy through checking the box affirming such consent appearing at the time of creation of their Account on the Website.
MyPay presumes adequate and lawful parental consent in case the Personal Information or Sensitive personal data or information is shared by a User under the age of 18 years.
Types of information we collect
The Users who access and use our Website are required to submit certain Personal Information and Sensitive personal data or information for creating an Account, entering into transactions with us and obtaining customer support services. Personal Information and Sensitive personal data or information which may be collected by us includes:
full name and age;
username and password;
PAN;
password of User’s account registered with us;
postal address;
E-mail address;
mobile number;
internet protocol (IP) addresses (through cookies);
URL of website accessed prior to and post Users’ accessing our Website;
credit/debit card number, credit/debit card expiration date and/or other payment instrument details;
User’s feedback, queries, e-mails, letters, suggestions provided to us;
third party information about concerned User’s activities or postings on the Website;
Information about the mobile/tab device the App is installed on or mobile device identifier.
any other information relevant for accessing and using our Website as maybe required by us.
Purpose of collection
We shall collect your Personal Information or Sensitive personal data or information only for specific, clear and lawful purposes. These include:
to give the User a safe, efficient, smooth and personalised experience while using our Website;
to improve our services and products;
to respond to your queries or complaints generally related to our services, etc;
to send promotional emails containing information about our existing and new products/services, newsletters, notify changes in this Policy or other policies etc;
to analyse the traffic on our Website and conduct market research regarding users’ demographics, interests, and behaviour;
to create new products and services;
to provide customer support services;
to detect, prevent and address error, fraud, criminal activity, abuse of our services and technical issues;
to enforce Terms of Conditions;
to provide co-branded services in affiliation with more than one corporate entity;
other such lawful purposes as described at the time of collection of Personal Information or Sensitive personal data or information.
How information is collected
We collect information which the User voluntarily provides us at the time of visiting, accessing, browsing and using our Website, our social media profiles, and customer support service. We also collect data automatically by analysing your online behaviour (through cookies).
The User has an option to not provide us with certain information or withdraw consent to provide certain information at any time, in accordance with the terms of this Policy. In case consent is withdrawn, we shall retain your Personal Information or Sensitive personal data or information for a period deemed appropriate by us or as mandated by law. On revoking of your consent, we reserve the right to limit access to the various features and services provided on the Website.
Disclosure of information
You expressly consent to and authorize us to share your Personal Information and Sensitive personal data or information with our trusted affiliates and any other third party, to the extent and for the lawful purposes as stated in this Policy. We shall not disclose any Personal Information or Sensitive personal data or information to any government institution or authority, except where such disclosure is (i) obligated by law, (ii) requested by a lawfully authorized government authority, (iii) pursuant to a judicial decree, (iv) for enforcing and protecting the legal rights of MyPay or others’, (v) for seeking any relief, (vi) for defending any charge, (vii) for opposing any claim, (viii) for enforcing this Policy or our Terms of Use, (ix) for obtaining any legal advice. We also reserve our right to disclose, share or transfer your Personal Information or Sensitive personal data or information to a third party due to any change in ownership, merger, restructuring or sale of our business assets.
Use of cookies and other technologies
To improve the effectiveness and usability of the Website for our Users, we use “cookies”, or similar technology to collect information and assign each visitor a unique random number called as a User Identification (User ID) in order to understand the User's individual interests. Our web servers automatically collect limited information about the User’s computer connection to the Internet, including User’s IP address, when the User visits the Website (User’s IP address is a number that lets computers connected to the internet know where to send data to the User such as the web pages viewed by the User).
Users may encounter “cookies” or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties and disclaim any obligation or liability associated thereto.
Links to other websites
The Website provides links to other websites which may or may not collect information about the User. The User acknowledges that this Policy does not cover the collection and use of information by such sites and that we shall not be responsible for the privacy policies, practices or content of the linked websites.
Correction and updation of information
The User shall promptly notify us in case any Personal Information or Sensitive personal data or information supplied by such User as maintained in our records is inaccurate, misleading or incomplete. Further, the User may also review, update or modify the information by logging into their Account on the Website. We shall not be responsible for the authenticity of Personal Information or Sensitive personal data or information supplied by a User.
Retention of information
Your Personal Information and Sensitive personal data or information may be retained and used until: (i) the relevant purposes for the use of your information described in this Policy are no longer applicable; and (ii) we are no longer required by applicable law, regulations, contractual obligations or legitimate business purposes to retain your information; and (iii) the retention of your information is not required for the establishment, exercise or defense of any legal claim.
Mailers
MyPay may send direct mailers to the User at the email address given by the User. The User has the option to opt-out of this direct mailer by way of links provided at the bottom of each mailer or any other means as MyPay deems appropriate. MyPay respects every User’s privacy and in the event that User chooses to not receive such mailers, MyPay will take all steps to remove the User from the list. If a User wants to remove his/her/it’s contact information from all mailing lists and newsletters, the same can be done through “Profile” page of his/her/it’s account with MyPay.
Advertising
We use third-party advertising companies to serve ads when you visit our Website. These companies may use your anonymized information (i.e. information which does not include your name, address, email address or mobile number) in order to provide advertisements about goods and services of interest to you. Such anonymized information is usually in the form of aggregated statistics on traffic to various pages within our Website.
Data Localization
In compliance with Reserve Bank of India’s circular RBI/2017-18/153 DPSS.CO.ODNo.2785/06.08.005/2017-2018 dated April 6, 2018, all Users, including system participants, service providers, intermediaries, payment gateways, third party vendors and other entities in the payments ecosystem, who are retained or engaged by MyPay for providing payment services shall mandatorily store entire Payment Data in systems located only in India. Notwithstanding the above, for cross border transaction data, consisting of a foreign component and a domestic component, a copy of the domestic component may also be stored abroad, if required.
How we secure the information
The Website has put stringent security measures necessary to prevent misuse, unauthorised access, modification, disclosure or destruction of your Personal Information and Sensitive personal data or information in our control. All information collected by us is stored on servers secured behind a firewall; such servers are password-protected and access is strictly limited based on need-to-know basis.
We may undertake periodic review of our security safeguards and this Policy to incorporate such future changes as may be appropriate to ensure that integrity of your Personal Information and Sensitive personal data or information is intact. In case of any security breach which is likely to cause harm to the User, we shall notify the User of such breach as soon as practicable and take necessary measures to remedy the breach or mitigate any immediate harm.
If you seek any clarifications regarding this Policy or wish to raise any issue or grievance with respect to illegal access, use or disclosure of Personal Information, please e-mail at help@MyPay.in
We shall attempt to resolve any issues within a period of thirty (30) days from the date of receipt of the question, concern, grievance or report.
Cancellation & Refund Policy
Thank you for visit at https://mypay.zone/
If, for any reason, You are not completely satisfied with a purchase, we invite You to review our Policy.
The following terms are applicable for any products that you purchased with us.
INTERPRETATION AND DEFINITIONS
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Return and Exchange Policy:
Business Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to MyPay 305 B block, Sai Kamal Appt., Sector-9, Titardi, Udaipur, Udaipur, Rajasthan, India, 313001IN
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Service refers to the Website.
Website refers to My Site, accessible from https://mypay.zone/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
GENERAL RETURN POLICY
Product that are bought from the Physical Stores can’t be returned. All Items are eligible for return exempt the products that are: payout, DMT,Recharge
REFUND POLICY
In order to be eligible for a refund, you have to refund the order within 7
In order for the product to be eligible for a Refund, make sure these conditions are met:
- You did not get goods & services for that amount*
- You have done a transaction in the wrong account*
After we receive your product, our team of professionals will inspect it and process your refund. The money will be refunded to the Original Payment Method you’ve used during the purchase. If the payment was made thru bank the following information are needed to be provided:
Bank account number
HOW TO INITIATE A RETURN
If you have a request for Return, Refund or Exchange and if you have further clarification and questions, Please do not hesitate to contact us through our:
Email Address: info@mypay.zone
Phone Number: 0294-4068924
You will be updated for their Return Status through their EMAIL, PHONE, and SMS provided that all contact information is recorded to us.