Terms & Conditions

Prior to utilizing our Platform or any of its associated services ("Services"), we kindly request that you carefully review the following general terms and conditions ("Terms of Use" / "Terms of Service" / "Terms"). The "Platform," referred to as the "Finpandatech Platform," encompasses our website, mobile application, API, and other related properties, and is owned and operated by Finpandatech, a company duly incorporated in India. These Terms carry legal significance and govern your utilization of these assets.

These Terms establish a legally binding agreement between you and Finpandatech. They are intended to complement, not supplant, any other terms introduced by Finpandatech on an as-needed basis. Should a conflict arise between these Terms and other terms, these Terms shall prevail. In this document, "we" and "our" are used to denote Finpandatech, while "you" and "your" refer to you, the User of the Platform. The term "Parties" collectively signifies both Finpandatech and the User, while "Party" singularly denotes each.

We retain the right to amend these Terms, update the Platform, and modify the Services at our discretion, aiming to enhance your experience on our Platform and accommodate changes in Applicable Law. If you disagree with any changes we implement, you have the option to cease using our Services. Please be aware that these Terms reference and incorporate our Privacy Policy.

ACCEPTANCE

By accessing and using Finpandatech (hereinafter referred to as "the Website"), you are entering into a legally binding agreement and agree to comply with and be bound by the following Terms and Conditions. If you do not agree with any part of these terms, please refrain from using the Website.

ELIGIBILITY

To utilize the services provided by the Website, you must meet the following criteria:

Legal Age and Capacity: You must be of legal age in your jurisdiction and have the legal capacity to enter into a binding contract. If you are accessing the Website on behalf of an entity, you must have the authority to bind that entity to these Terms and Conditions.

Jurisdictional Restrictions: You acknowledge that our services may not be available to all individuals or entities due to legal restrictions in certain jurisdictions. It is your responsibility to ensure that your use of the Website is compliant with applicable laws and regulations in your jurisdiction.

DEFINITIONS

The following definitions pertain to various terms and phrases within the Terms of Use, which encompass the General Terms and Conditions, Online Services Terms and Conditions, and Prepaid Card Terms and Conditions:

Applicable Laws:

Any Indian statute, ordinance, rule, by-law, regulation, notification, guidelines, directions, directives, or orders issued by a government, statutory authority, board, or recognized stock exchange.

Chargeback

This term encompasses the reversal of a transaction initiated by a Service Provider's User due to several reasons, including but not limited to:

• Suspected forgery of the User's account or card details.
• Transactions made on a card listed as "hot" or flagged in the card association's warning bulletin.
• Duplicate transaction processing.
• Refund requests based on transaction denial by the User/valid card holder, incorrect or excess payments, and any unauthorized or fraudulent use of the User's personal and financial information, among other reasons approved by relevant banks.

Confidential Information:

Any business, technical, or financial information related to Finpandatech or its affiliates, disclosed in connection with the arrangements described in these Terms of Use or other associated documents. This information may include details regarding financial and business operations.

Effective Date or Registration Date:

The date when the User's Account is registered on Finpandatech.

Finpandatech Policies:

These encompass the Terms of Use, Privacy Policies, Grievance Policies, and any other terms and conditions/policies available on Finpandatech, subject to updates.

Intellectual Property:

All intellectual property utilized in the context of or in relation to the execution of these Terms of Use or any Applicable Agreement, including, but not limited to:

• Company-owned software, software code, operating manuals, program instructions, specifications, processes, and related data or information.
• Trademarks, service marks, trade names, logos, symbols, design elements, graphics, content, and overall visual identity.
• Information, data, or materials provided to the User in any form, tangible or intangible.
• Techniques, formulae, patterns, processes, inventions, methodologies, technical knowledge, and other forms of expertise.

KYC (Know Your Customer):

The process mandated by law to collect and verify a User's personal identification information before providing them with Services.

Services:

Offerings available to Users through the Finpandatech Platform, provided by Finpandatech and various Service Providers. These offerings encompass banking services, non-banking services, and similar options made available directly or through Merchants.

Service Provider:

Any banking or non-banking entity with which Finpandatech has established agreements, directly or indirectly, to facilitate transactions between the entity and its clients.

Users:

Individuals, businesses, partnerships, limited liability partnerships, and other entities utilizing the Finpandatech Platform to access Finpandatech services.

GENERAL TERMS AND CONDITIONS

INFORMATION SUPPLIED TO Finpandatech

When you register for an Account on the Website, you are responsible for providing accurate and current information. You must keep your login credentials confidential and not share them with anyone else. The Website is not responsible for any losses or damages that may occur as a result of unauthorized access to your Account.

SECURITY OF ACCOUNT

You bear the sole responsibility for maintaining the security of your Account. In the event of unauthorized use of your Account, you should promptly notify us at [email protected]. The Website disclaims any liability for losses arising from unauthorized access to your Account.

PRIVACY POLICY

Your use of the Website is governed by our Privacy Policy, which can be accessed at Privacy Policy page. By using the Website, you consent to the collection, use, and sharing of your personal information as outlined in the Privacy Policy.

RECLAIMING INACTIVE ACCOUNTS

The Website reserves the right to reclaim or deactivate inactive user accounts. Inactivity is defined as an Account that has not been used for a specified period of time. Prior to deactivating an Account, we will send a notification to the email address associated with that Account.

COMMUNICATION POLICY

By agreeing to this Agreement, users hereby consent to the following:

Finpandatech may send both transactional and non-transactional business communications via SMS, Email, or Push notifications while fulfilling user requests or servicing their Account. It's important to note that Finpandatech may continue to send transactional and critical communications even if users opt-out of marketing messages.

In order to meet user requests and manage their Accounts, Finpandatech may employ transactional or non-transactional business communication methods such as SMS, email, or push notifications. Users may still receive essential communications from Finpandatech even if they choose not to receive promotional messages.

When utilizing the Finpandatech Platform or any of its Services, users are expected to receive alerts, assuming the information provided by the Company has been delivered. It's worth noting that Finpandatech is not responsible for verifying the identity of the recipients of these alerts, and the Company cannot be held liable for the unavailability of any notification service.

LIMITATION OF LIABILITY

Finpandatech and its directors, agents, officers, or employees shall not be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages of any kind suffered by users. These damages include, but are not limited to, lost business opportunities, lost revenues, loss of anticipated profits, or any other financial or non-pecuniary losses or damages arising from or related to:

• Any other agreements entered into by users with Finpandatech,
• Finpandatech's services, the Site, or any Reference site,
• The use or inability to use Finpandatech's services, the Site, or any Reference Sites,
• Unauthorized access or alteration of transmissions or data,
• Transactions involving third parties or their conduct,
• Any infringement of the rights of others,
• Use of counterfeit or stolen cards or devices,
• Transactions involving fraudulent electronic funds.

It is important to note that any transaction may be reversed at the sole discretion of Finpandatech, subject to approval by the service provider. However, in the event that a court of law finds Finpandatech or its directors, officers, or employees liable to indemnify a user, such liability shall not exceed the amount paid by the user for using the specific portion of the Site or Finpandatech's services that gave rise to the complaint.

Finpandatech has determined its product offerings, service pricing, and the terms outlined in these Terms of Use and Applicable Agreement based on the warranties, disclaimers, and limitations of liability specified herein.

These warranties, disclaimers, and limitations of liability represent a fair and reasonable allocation of risk between users and Finpandatech, and they are integral to the agreement between Finpandatech and users. Without these restrictions, Finpandatech would not be able to provide its services to users on a sound economic basis.

Users acknowledge that Finpandatech or the Service Providers may reject authentication and/or authorization of transactions for various reasons, including but not limited to insufficient funds, incorrect authentication details, expired cards/bank accounts, risk management considerations, suspicion of fraudulent transactions, or the sale of restricted or banned items, and the use of compromised or blacklisted cards or bank account numbers.

As a security measure, Finpandatech and/or the Service Providers may block specific card numbers, account numbers, groups of cards or transactions, specific IP addresses, devices, geographical locations, or any other risk mitigation measures at their sole discretion, either temporarily or permanently.

To manage risk, Finpandatech and/or the Service Providers may also limit the size, amount, and/or monthly volume of transactions at their discretion, considering various factors before making a decision, which will be solely within their purview.

FRAUDULENT TRANSACTIONS

In the event that Finpandatech receives notification from a bank regarding an unauthorized debit/chargeback on a customer's payment instrument ("Fraudulent Transaction"), the user will be promptly notified. Users are required to provide documentation and information related to the Transaction associated with the Chargeback within one (1) day or as otherwise specified by the bank.

It is understood and agreed upon by users that:

• In case the user is unable to provide the necessary Chargeback Documents, the bank may instruct Finpandatech to reverse the debit of the Chargeback Amount associated with the Chargeback, crediting it to the customer's Payment Instrument. In such cases, Finpandatech may also suspend the settlement of the disputed amount or hold the value of the Transaction under dispute while investigations are conducted by the Service Providers.
• When users have already settled the amount for a Fraudulent Transaction, any disputes related to that transaction will be resolved in accordance with regulations, guidelines, and notifications issued by regulators or service providers from time to time.
• Users acknowledge their responsibility for fines, penalties, and charges imposed by banks, card networks, and governmental agencies in connection with illegal transactions.

Additionally, users agree that:

• Finpandatech may charge stipulated fees as described herein. If the available Transaction Amounts are insufficient to cover the Chargeback Amount, Finpandatech may issue a debit note to seek reimbursement from the user, and the user must reimburse the Chargeback Amount within three (3) working days of receiving the debit note.
• Any payment instructions for Transactions accepted by users, as per the terms outlined herein, that are subsequently disputed are the sole responsibility and liability of users. This includes situations where users approve transactions exceeding their account balance or credit limit or approve fraudulent transactions.

As a facilitator for payment processing services requested by users, Finpandatech acknowledges that it is not responsible for any unauthorized transactions conducted by any party, including third parties, constituting an infringement of others' rights or for chargeback claims made by customers. Users are responsible for ensuring their own safety while transacting online or otherwise. Finpandatech will assist users in resolving any service-related queries that may arise between them and their customers, but the website Finpandatech shall not be held responsible for disputes or inquiries related to customer payments to the website.

ACCOUNT SECURITY

You are solely responsible for ensuring the security of your account, including the confidentiality of your login credentials. The Website cannot be held responsible for any unauthorized access or loss resulting from your failure to adequately protect your account.

USER'S COMMITMENTS

By utilizing the Website, you affirm the following commitments:

• Legal Capacity: You confirm that you possess the legal capacity to agree to these Terms and Conditions and to utilize the services offered by the Website.
• Compliance with Laws: You pledge to abide by all relevant laws and regulations in your jurisdiction while using the Website.
• Prohibited Activities: You agree not to employ the Website for any unlawful or prohibited purposes, which includes, but is not limited to, activities such as money laundering, fraud, or any actions that contravene these Terms and Conditions or applicable laws.

INDEMNIFICATION

You consent to indemnify, defend, and protect the Website, its affiliates, as well as their respective officers, directors, and employees, against any claims, losses, damages, liabilities, and expenses (including legal fees) stemming from your use of the Website or any violation of these Terms and Conditions.

DISCLAIMER

The Website provides its services on an "as-is" and "as-available" basis. We do not provide any warranties, whether expressed or implied, concerning the reliability, accuracy, or availability of our services. Your use of the Website is undertaken at your own risk.

INTELLECTUAL PROPERTY

(a) User Responsibilities:

You must refrain from using the Website in a manner that infringes upon the intellectual property rights of others, including copyrights, trademarks, and patents.

By submitting any content to the Website, you grant the Website a non-exclusive, worldwide, royalty-free license to utilize, modify, adapt, publish, translate, distribute, and display said content. This license is provided for the purpose of operating, promoting, and enhancing the Website's services.

MODIFICATION

The Website maintains the right to modify these Terms and Conditions at any time. Notification of such modifications will be posted on the Website. Your continued use of the Website after the posting of revised terms signifies your acceptance of these updated terms.

CONFIDENTIALITY

You are obligated not to disclose any confidential information acquired from the Website, including proprietary technology, without prior written consent from the Website.

TERMINATION

The Website reserves the sole discretion to terminate or suspend your access to the Service, with or without cause, and with or without notice. In the event of termination, you are still bound by these Terms and Conditions.

FORCE MAJEURE

The Website will not be held liable for any inability to fulfill its obligations under these Terms and Conditions if such inability arises from circumstances beyond its control. These circumstances may include acts of nature, war, terrorism, natural disasters, labor strikes, regulatory changes, or any other event classified as force majeure.

MISCELLANEOUS

SEVERABILITY:

If any provision of these Terms of Use is determined to be unlawful, void, invalid, or unenforceable, that provision will be adjusted to the minimum extent necessary, and the remaining provisions will continue to be in full force and effect.

ASSIGNMENT:

Finpandatech has the right to assign these Terms of Use and any associated rights without any restrictions, except by the User. Any attempt to assign in violation of this provision will be null and void.

HEADINGS:

The headings used in these Terms of Use are for convenience purposes only, do not form part of the actual terms, and will not limit or affect the interpretation of any provisions herein.

NOTICE:

Users may receive notifications and communications through various means, including email, regular mail, posts on the Finpandatech website(s), or other reasonable methods. For communication with the Legal Department, notices should be sent via courier, registered mail, or registered fax, unless otherwise specified.

WAIVER:

Finpandatech's failure to exercise or enforce any rights or provisions of these Terms of Use will not be considered a waiver of such rights or provisions. Any waiver of any provision in these Terms of Use must be made in writing and signed by Finpandatech.

INTERACTIONS BETWEEN THE PARTIES

These Terms of Use do not establish or imply a joint venture, pooling arrangement, partnership, agency, or formal business organization of any kind between Finpandatech and the User. Both Finpandatech and the User will act as independent contractors in all circumstances. Neither party will represent themselves as an agent or representative of the other party, nor will they attempt to create liability for the other party through their actions or conduct.