TermsAndCondition

1. GENERAL

A . These terms and conditions ("Terms") along with the Privacy Policy (as defined) constitute an agreement between Payquick Eservices Private Limited. Limited, formerly known as Payquick Eservices Private Limited Digital Limited ("PAYQUICK ESERVICES PRIVATE LIMITED") and the customer service points (CSPs)/agents/merchants/retailers of PAYQUICK ESERVICES PRIVATE LIMITED ("CSPs"), entitling such CSPs to provide the Services (as defined herein) to the customers in India through the portal/ website:payquickpayment.com or, mobile application namely "Payquick Eservices Private Limited . Merchant a Micro ATM, Transfer" ("Terminal"). These Terms are in addition to any other agreement that may have been executed between PAYQUICK ESERVICES PRIVATE LIMITED and such CSPs for the purpose of providing the Services. However, in case of any inconsistency in the provisions of these Terms and such agreement, the provisions of these Terms shall prevail to the extent of such inconsistency.

B . You acknowledge that You propose to be engaged with PAYQUICK ESERVICES PRIVATE LIMITED as its CSP in order to provide the Services to customers in India and thus have commenced the log-in to the Terminal. However, please note that before you commence to provide the Services as a CSP of PAYQUICK ESERVICES PRIVATE LIMITED, you are required to read and understand these Terms and only if You are agreeable to these Terms, you can proceed and continue to log-in and provide the Services as CSP of PAYQUICK ESERVICES PRIVATE LIMITED. By continuing to log-in and access the Terminal and provide the Services, it shall be deemed that You agree to be bound by these Terms. However, in case, you do not agree to these Terms, you are required, not to proceed with log-in and leave the Terminal immediately. Please note that in case You do not agree to these Terms, you are not entitled to provide the Services and to be associated with PAYQUICK ESERVICES PRIVATE LIMITED as its CSP.

C . You agree and acknowledge that the access and use of the Terminal by You is voluntary and of Your own accord and Your access and use of the Terminal shall be subject to the Applicable Laws (as defined).

D . You acknowledge that in respect of certain Services, you shall not be entitled to deal in them unless Your account has been approved by the respective Service Providers (as defined).

E . The phrase 'to provide the Services' or 'provisioning of the Services' used in these terms shall be construed to mean 'onward provisioning, sale, distribution and supply of Services through the Terminal'.

F . The terms and conditions specific to a particular Service(s) shall be applicable on You and PAYQUICK ESERVICES PRIVATE LIMITED when You opt for such Service(s).

G . You hereby agree and specifically authorize PAYQUICK ESERVICES PRIVATE LIMITED to share Your details, documents and credentials to prospective customers and partners of PAYQUICK ESERVICES PRIVATE LIMITED with the objective of increasing Your business.

2.DEFINITIONS

The words and expressions beginning with capital letters in these Terms shall, unless the context otherwise requires, have the meaning ascribed thereto herein:

  • Applicable Law: shall mean any and all applicable laws, statutes, rules, regulations, directions, guidelines, ordinances, orders, policies, judgments, decrees or other requirements or official directives of any Governmental, statutory and regulatory authorities, Bank, National Payments Corporation of India (NPCI), RBI, Unique Identification Authority of India (UIDAI) or courts of law.
  • Bank: shall mean the bank which has appointed PAYQUICK ESERVICES PRIVATE LIMITED as business correspondent, in terms of relevant RBI guidelines, to provide, inter alia, the . transfer services.
  • Customers: shall mean the end users approaching the CSPs for availing the Services.
  • CSP Location: shall mean the shop or office premises owned or rented by the CSP, to be used for the purpose of rendering of Services to the Customers. While we strive to protect your information, we cannot guarantee its absolute security.
  • Privacy Policy: Shall mean the policy which is separately given on the Terminal.
  • Services: shall mean the following services, under the brand "Payquick Eservices Private Limited" as made available to the CSP for onward provisioning, sale, distribution and supply through the terminal:
  • Changes to This Privacy Policy We may update this Privacy Policy from time to time. Any changes will be effective immediately upon posting on our Website. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information.
    o 1: Online Domestic. Transfer/ remittance services. (DMT)
    o 2: Aadhaar Enabled Payment System services (AEPS)
    o 3: Bharat Bill Payment Services (BBPS)
    o 4: Facilitation of online booking of railway E-tickets, flight tickets, bus tickets and hotel accommodations on behalf of Service Providers
    o 5: Mobile recharge and DTH recharge (other than Dish TV, Sun Direct TV and Tata Sky)
    o 6: PAN Card processing services
    o 7: Facilitation of Purchase and Sale of Gold through the Terminal
    o 8: Card Payment Services
    o 9: Aadhaarpay Services
    o 10: Cash@POS Services
    o 11: Other services as made available to the CSP for onward sale, distribution and supply through the Terminal
    o 12 : Virtual Account for service Bank.
  • Service Provider: means the entities engaged in the business of provision of the Services in respect of which PAYQUICK ESERVICES PRIVATE LIMITED has or may have, agreements from time to time, authorizing PAYQUICK ESERVICES PRIVATE LIMITED, for onward provisioning, sale, distribution and supply of such Services through the CSPs.
  • Software Program: Shall refer to various Software Programs supplied by PAYQUICK ESERVICES PRIVATE LIMITED that can be installed into Terminal equipment or computer enabling the dispensation of Services electronically.
  • Transactions: shall mean the electronic transactions undertaken by You pertaining to onward provisioning, sale, distribution and supply of Services to the Customers through the Terminal.

3. YOUR OBLIGATIONS

Following Obligations shall apply to You, generally in respect of all the Services.
(A) General in nature

  • 1: You shall at all times comply with instructions, directions, guidelines and policies issued by PAYQUICK ESERVICES PRIVATE LIMITED, from time to time relating to the performance of Your obligations as CSP under these Terms. You shall also, at all times comply with the provisions of, and maintain and preserve all records, registers, books and papers and information (which shall be available for inspection and audit along with supply of extracts thereof, as and when required either by PAYQUICK ESERVICES PRIVATE LIMITED or RBI or Bank or National Payment Corporation of India or Service Provider or other competent statutory authorities), as required under, Applicable Laws including but not limited to guidelines and standards under Bharat Bill Payment System issued by NPCI and RBI and relevant KYC/Anti-. Laundering/Financial Terrorism related norms/ rules/ regulations/ circulars as mandated by RBI, NPCI and other relevant statutory authorities. In addition, you shall comply with the requests and directions of Banks/ Service Providers, received in reference to your engagement with PAYQUICK ESERVICES PRIVATE LIMITED as its CSP. Further You shall submit periodic reports, returns, statements, certificates and such other documents as may be required by PAYQUICK ESERVICES PRIVATE LIMITED/RBI/Bank/ NPCI/ Service Provider and/or other competent statutory authorities from time to time or as provided under Applicable Laws.
  • 2: You shall also co-operate in good faith to correct any practice which are found to be deficient during the audit and inspection, within a reasonable time after receipt of audit report from PAYQUICK ESERVICES PRIVATE LIMITED/RBI/Bank/ NPCI, as the case may be.
  • 3: You shall provide all kinds of support and facilitation to PAYQUICK ESERVICES PRIVATE LIMITED, while performing the scope of work as mentioned in these Terms.
  • 4: You shall deal with, provide and resolve all queries, clarifications, inquiries, disputes and / or complaints of the Customers in relation to Services offered. You shall be responsible in resolving the complaints/ disputes from the Customers and third parties against You arising on any account whatsoever. You acknowledge that PAYQUICK ESERVICES PRIVATE LIMITED shall not be liable and responsible in any manner whatsoever for any complaints/ disputes or issue arising between You and the Customer and third parties.
  • 5: You shall not accept any gift, commission or any sort of gratification in cash or kind from any person, party or firm or other company having dealing with PAYQUICK ESERVICES PRIVATE LIMITED and if You are offered any of such, you shall immediately report the same to the management of PAYQUICK ESERVICES PRIVATE LIMITED.
  • 6: You shall be solely responsible to pay the salaries and other employees related payments to Your personnel/employees and for taking policies such as medical insurance, life insurance etc for them and to comply with all Applicable Laws relating to employment of such personnel/employees of You and PAYQUICK ESERVICES PRIVATE LIMITED shall have no responsibility or liability of any kind whatsoever for the same.
  • 7: You undertake that You shall at Your own risk and cost keep and maintain the CSP Location in proper manner for rendering of the Services to the Customers and procure/ facilitate sufficient man power for the same and keep the complete and proper accounts relating to rendering of the Services.
  • 8: You shall not indulge in or promote any unlawful, illicit or illegal activity or purposes while providing the Services.
  • 9: You acknowledge that PAYQUICK ESERVICES PRIVATE LIMITED officials shall have the right to undertake a visit on Your premises or CSP Location on any day to satisfy itself about the authenticity and credibility of the information provided by You during or before your enrolment as a CSP with PAYQUICK ESERVICES PRIVATE LIMITED or in connection with performance of any obligations by You under these Terms.
  • 10: You shall ensure that You shall carry out all due identification and verifications of the Customer and comply with all Know Your Customer (KYC) requirements, as may be required by the Applicable Law and as per policies as communicated by PAYQUICK ESERVICES PRIVATE LIMITED from time to time, before initiating any Transactions as requested by the Customer. You shall ensure to collect, keep in its safe custody and provide to PAYQUICK ESERVICES PRIVATE LIMITED the KYC documents (documents relating to identity and address verification) of Customers, if any, in electronic or physical form, as per PAYQUICK ESERVICES PRIVATE LIMITED's requirement. For the purpose of enrolment of Customers for providing them the Services, You shall meet the Customers, collect the Know Your Customer (KYC) documents as specified by PAYQUICK ESERVICES PRIVATE LIMITED along with a duly signed requisite application form wherever applicable and all such other details of the Customers as required by PAYQUICK ESERVICES PRIVATE LIMITED from time to time and upon comparing the copy of the Know Your Customer (KYC) documents collected with the original, record the same on the copy of the KYC by affixing the "Original Seen and Verified" stamp under Your signature, on these documents. For the limited purpose of your above said obligation of "Original Seen and Verified" only, you shall be deemed to be the authorized officer of PAYQUICK ESERVICES PRIVATE LIMITED.
  • 11: You shall discharge Your fiduciary obligations with respect to providing the Services to the Customers promptly and without failure. You shall have in place suitable arrangement, processes and risk control mechanism to ensure that there is no default or delay in effective delivery of Services to the Customers.
  • 12: In case of change of any details pertaining to your business and engagement with PAYQUICK ESERVICES PRIVATE LIMITED as a CSP or changes in the contact details like mobile number/landline number, email id/registered address/ Shop or CSP Location change, You shall inform PAYQUICK ESERVICES PRIVATE LIMITED of the same promptly in writing or by email, providing full details of such changes.
  • 13: You shall ensure that you have all the valid licenses and efficient staff to undertake the Transactions.
  • 14: You shall not host, display, upload, modify, publish, transmit, update or share any information that:
    1: belongs to another person and to which You do not have any right to;
    2: is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging. laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    3: harm minors in any way;
    4: infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
    5: violates any law for the time being in force;
    6 : deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7: impersonate another person;
    8: contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
    9: threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    10: shall be false, inaccurate or misleading;
(b) Exclusivity
  • 1: You shall not engage, deal with or enter into an agreement with any other party or any company/organization engaged in rendering/sale/promotion of same/similar services.
  • 2: You undertake to use CSP Location solely for the Services and confirm that CSP Location is neither being currently used and nor will be simultaneously used in future for any similar services and/or product offerings of any other company.
(c) Advertising and Representation as a CSP of PAYQUICK ESERVICES PRIVATE LIMITED
  • 1: You agree to provide adequate space at the CSP Location for display/selling/ branding/marketing of the Services as per the guidelines of PAYQUICK ESERVICES PRIVATE LIMITED or/and statutory regulations or mandates of RBI/ NPCI/ Bank/ Service Provider.
  • 2: You in all Your dealings with the third parties shall describe Yourself only as "CSP" of PAYQUICK ESERVICES PRIVATE LIMITED and under no other description or nomenclature. You shall not describe Yourself as a partner or employee of PAYQUICK ESERVICES PRIVATE LIMITED nor shall You be entitled to represent PAYQUICK ESERVICES PRIVATE LIMITED in any other manner whatsoever.
  • 3: You shall not (except in the normal course of PAYQUICK ESERVICES PRIVATE LIMITED's business) publish any article or statement, deliver any lecture or broadcast or make any communication to the press, including magazine publication relating to Services or to any matter with which PAYQUICK ESERVICES PRIVATE LIMITED may be concerned, unless You have obtained the written permission from PAYQUICK ESERVICES PRIVATE LIMITED.
  • 4: You shall not give or make any guarantees, warranties or representations on behalf of PAYQUICK ESERVICES PRIVATE LIMITED as to the conditions, quality, durability, performance of the Services other than or different from those provided by PAYQUICK ESERVICES PRIVATE LIMITED in writing. You shall not use any advertising or promotional materials tending to mislead the public; or make any false or misleading representation with regard to the Services and Terminal.
  • 5: PAYQUICK ESERVICES PRIVATE LIMITED, at its sole discretion, may provide to You suitable advertisement support, technical and marketing guidance and staff training as and when it may deem necessary. You shall not make use of PAYQUICK ESERVICES PRIVATE LIMITED's logo/mark on any slips/receipts, visiting cards, letter heads etc. without written approval/consent of PAYQUICK ESERVICES PRIVATE LIMITED.
  • 6: You undertake that You shall not do anything that damages the name, goodwill and reputation of PAYQUICK ESERVICES PRIVATE LIMITED, its subsidiaries, clients, suppliers and affiliates and shall protect and enhance the name, goodwill and reputation of PAYQUICK ESERVICES PRIVATE LIMITED during the course of the fulfilment of Your obligations under these Terms.
  • 7: You shall display, in such manner as directed by PAYQUICK ESERVICES PRIVATE LIMITED, the Services and other charges and fees that may be advised by PAYQUICK ESERVICES PRIVATE LIMITED or as per directives of Applicable Law from time to time.
  • 8: You shall prominently display the certificate of authorization/ training issued by PAYQUICK ESERVICES PRIVATE LIMITED, if any.
  • 9: In case of You acting as Business Correspondent Agent, You shall put up a signage indicating Your status as a business correspondent agent for Bank, display the Business Correspondent certificate, if any, and also disclose the name of PAYQUICK ESERVICES PRIVATE LIMITED, the contact details of the base branch/controlling office of Bank, details of the banking ombudsman and the fees for all Services, charged by the Bank, available at the outlet.

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