Your use or access to the Services provided by WEBSONIC IT SERVICES PRIVATE LIMITED ("Webfinpay", "we", "us", or "our") is governed by these Terms and Conditions ("Terms"). You ("Merchant", "you", "your"), Please thoroughly review these terms prior to utilizing or accessing the services. By accessing and utilizing the Services, you agree to be legally bound by these Terms. In doing so, Webfinpay forms a contractual relationship with you. You are not authorized to access or utilize the Services if you do not agree to these terms.

Definitions

“Additional Terms” means and includes the Privacy Policy and the Payment Partner Terms;

“Applicable Law” means any statute, law, regulation, ordinance, rule, judgment, notification, order, decree, by-law, permits, licenses, approvals, consents, authorisations, government approvals, directives, guidelines, requirements or other government restrictions, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any regulatory authority, whether in effect as on the date of you agreeing to be bound by these Terms or at any time after;

"Authority" means any judicial, quasi-judicial, or regulatory authority of a territory where Services are offered, including but not limited to the Payment Partner, Issuer, and Facility Provider;

“Dispute” shall mean a dispute raised by a Customer pertaining to the Transaction;

“Customer” refers to the user of the Merchant Dashboard who avails of the products and services offered by the Merchant;

The “Escrow Bank” or "Nodal Bank" is the bank who owns and operates the escrow account;

“Merchant” means a person who has registered on the Platform to use the Services;

“Merchant Dashboard” refers to the digital platform set up by the Merchant on the Platform for offering products and services to Customers;

“Payment Aggregation Services” refer to the ability to accept various Payment Instruments from Customers as part of customers' payment obligations without Merchants having to create a separate payment integration system;

“Transaction” refers to an Order in which the Customer pays the Merchant using a Payment Instrument; and

“Transaction Amount” means the amount paid by the customer for a transaction.

Eligibility Criteria

You affirm that you:

• Possess complete legal capacity and authority to agree to and be bound by these Terms.
• Are at least eighteen (18) years old.
• Resident of India.
• Hold all required licenses, registrations, rights, power, and authority to fully comply with these Terms and Conditions.

If you are representing an entity, organization, or any legal entity:

• You confirm and assert that you have the necessary power and authority to legally bind such entity, organization, or legal person to these Terms.

Proprietary Rights

You acknowledge and agree that all rights, title, and interest in the Services, including any intellectual property rights, whether registered or not, are owned by Webfinpay. Additionally, you recognize that the Services may include information marked as confidential by Webfinpay, and you agree not to disclose such information without Webfinpay's prior written consent.

Webfinpay grants you a personal, non-exclusive, non-transferable, and limited privilege to use the Services and access the Website for personal purposes. However, this license does not include the right to download, copy, create derivative works, modify, reverse engineer, sell, assign, sublicense, grant a security interest, or transfer any rights in the Services. You are not permitted to use Webfinpay's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. Moreover, you are prohibited from removing, obscuring, or altering any proprietary rights notices, including trademark and copyright notices, affixed to or within the Services. Copying or transmitting any part of the Services is also not allowed.

Services Scope

• Overview Of Webfinpay Services

(a) Webfinpay is a payment gateway company providing services at https://webfinpay.com/. As a technology provider, we facilitate listing services, logistics, payment services, education platforms, and other value-added services to support your business growth.

(b) It's important to note that neither you nor the products or services offered through the Merchant Dashboard are endorsed by us.

(c) Linking to Our Platform:

• You may not link to our Platform in a way that suggests affiliation, approval, or endorsement without our specific consent.
• Linking must not be unlawful or harm our goodwill or reputation.
• If link requests are denied, immediate cessation is required. Contact [email protected] for linking requests or content usage.

• Payment Aggregation Services

(a) Webfinpay and the Payment Partner collaborate to enhance payment convenience through the Platform. Payment processing is governed by both these Terms and the Payment Partner Terms, with Webfinpay not being liable for the actions of the Payment Partner.

(b) You agree to the Payment Partner settling all Transaction Amounts in accordance with the Payment Partner Terms.

(c) For queries or concerns about Payment Aggregation Services, please contact [email protected]

• Access To Services

(a) Depending on your subscription plan, access to certain benefits and features may vary. Each plan has specific benefits, abilities, and fees, and we reserve the right to enable or disable certain features on your account.

(b) Auto-renewal is applicable if your payment method supports it, and you authorize regular fees for the selected subscription term. Opting for "auto-renew" means your access is automatically renewed as per your choice.

(c) Changes to the Services may occur to comply with the law, and you acknowledge that legal compliance might impact your ability to use certain features. We cannot be held responsible for such limitations.

• Third-Party Services

(a) The Services may include Third-Party Services, and your use of these services is entirely at your own risk. The responsibility for Third-Party Services lies with the third party providing them.

(b) We are not accountable for outcomes related to Third-Party Services, including accuracy. Your use of such services is subject to the terms, conditions, and privacy policies of the third parties offering them. Intellectual property rights for Third-Party Services belong to the respective third parties.

Fair Use Of Webfinpay Services

The Merchant is permitted to utilize Webfinpay services exclusively for receiving online payments for Webfinpay-approved Products/Services. Any alternative use of Webfinpay services grants Webfinpay the right to pursue legal action and/or impose penalties, including the suspension of all payouts to the Merchant.

The Merchant is prohibited from submitting any Transaction for payment that is known or should have been known to be illegal, and from misusing Webfinpay services for unlawful gains, such as the unauthorized use of credit cards.

In the event of fraud or intentional misconduct in a Transaction by a Customer, the Merchant is obligated to cooperate with Webfinpay by promptly providing all necessary Transaction and Customer details.

Data related to Transactions conducted through Webfinpay's Payment Aggregator services will be retained by Webfinpay for a maximum of one year from the Transaction date. After this period, the data will be automatically deleted from Webfinpay's database, and Webfinpay is not liable to produce data older than one year.

• Breach By Merchant

If there is a reasonable suspicion that the Merchant has breached the Terms and Conditions, acted dishonestly, or committed fraud against Webfinpay, the Facility Providers, or any Customer, Webfinpay reserves the right to suspend all payouts pending an inquiry. Webfinpay is not liable to pay interest on suspended payouts during or after the inquiry. Webfinpay also retains the right to impose a penalty on the Merchant for breaching the terms, which may be deducted from the next Customer Charge payout. If the Merchant account has insufficient funds, the Merchant is required to make payment, and failure to do so will incur interest at prevailing rates.

• Breach By Customer

If a Customer commits fraud against the Merchant using Webfinpay's services, Webfinpay may suspend payouts for the disputed amount until the issue is resolved between the Merchant and Customer. Webfinpay is not liable to pay interest on suspended payouts during or after the inquiry.

• Authorizations

The Merchant must obtain authorization from Webfinpay before accepting any Customer Order. This authorization process is an automatic, real-time procedure.

Payment

• Service Fees

Webfinpay will impose applicable fees for the provision of Services, determined by Webfinpay in terms of manner, rates, and frequency. The fees may be updated at the sole discretion of Webfinpay.

• Taxes

Fees are exclusive of applicable taxes, and Webfinpay will charge such taxes on the fees as required. Any statutory changes in taxes during the validity of these Terms will be borne by You.

• Invoicing

Monthly invoices for Services provided during the respective months will be raised, available on the dashboard. Any disputes regarding an invoice must be communicated to Webfinpay within ten (10) days from the invoice date. Webfinpay will make good faith efforts to reconcile any reasonably disputed amounts.

• Reconciliation

You are responsible for daily reconciliation of all processed transactions. Discrepancies should be reported to Webfinpay within three (3) working days. If reconciliation issues are raised after this period, Webfinpay will not be liable if queries and concerns are not resolved.

• GST Compliance

You are responsible for updating Your GST registration number on the Webfinpay dashboard and submitting the GST certificate as part of KYC before Webfinpay generates the invoice. Webfinpay will raise a GST tax invoice and report transactions in GST returns based on Your information. Webfinpay will not be accountable for any mistakes or misrepresentations in updating the GST number. Any liability on Webfinpay due to incorrect information provided by You will be recovered from You.

Merchant Registration Requirements

In consideration of utilizing the Service, you hereby agree to:

(a) Provide accurate, current, complete, and truthful information about yourself ("Registration Data"), including details related to your Payment accounts and Payment Instruction(s) ("Payment Data"), as well as Merchant and payee information ("Authentication Data").

(b) Regularly update and maintain the accuracy, currency, completeness, and truthfulness of the Registration Data, Payment Data, and Authentication Data. If any provided information is found to be untrue, inaccurate, not current, or incomplete, or if Webfinpay reasonably suspects such inaccuracies, Webfinpay reserves the right to suspend or terminate your account. In such instances, Webfinpay may also refuse any current or future use of the Service offered on this website, or any part thereof.

Failure to supply accurate, complete, and updated registration information means you are not authorized to use the service, and your account may be promptly terminated. Additionally, you acknowledge that, in furnishing registration information, you will not deliberately omit or misrepresent any material facts or information. You commit to promptly entering correct and/or updated Registration Data via the Service or informing us in writing of any such changes or updates. You further grant consent and authorization to Webfinpay to verify your Registration Data, as may be necessary for your use and access to the Service provided on this Website, as applicable.

Consent To Data Usage

• All data collected to provide you with our Services will be handled in accordance with our Privacy Policy.
• Information related to the Merchant Dashboard, your Account, usage of Webfinpay Services, and electronic communications with Customers, including grievance-related conversations, will be backed up by us. You authorize us to store and share these backups with the Payment Partner as necessary for the provision of Payment Aggregation Services and with any relevant Authority.
• We may utilize information and data concerning your use of the Services for analytics, trend identification, and statistical purposes to enhance the effectiveness of the Services and the efficiency of the Platform.
• With your consent, the Platform tracks, organizes, and analyzes your Orders and Platform usage to present various ancillary services. We may share Order and Transaction information with our affiliates, to which you hereby provide consent. You also consent to us using your Order or Transaction information to identify and obtain appropriate ancillary services, for which we may charge you a facilitation fee.

Your Responsibilities

• You affirm and assure that all information provided on the Platform or related to the Services is accurate, complete, and truthful at the time of accepting these Terms. You further agree to keep this information accurate, complete, and truthful throughout your use of the Services. We disclaim any responsibility or liability for losses or damages resulting from incorrect, incomplete, inaccurate, or misleading information, documentation, material, or data provided for availing the Services.
• Throughout the Term and beyond, you commit not to disparage us or any affiliates in any way that could harm our or our affiliates' goodwill, reputation, and business relationships.
• You agree to cooperate with us in the defense of any proceedings initiated against us due to a breach of your obligations under these Terms.
• You are solely responsible for the content displayed on the Merchant Dashboard, Platform, and payment link, ensuring it is accurate, truthful, complete, and compliant with legal requirements. 
• Ensure that terms, conditions, and privacy policies on the Merchant Dashboard cover all relevant information and disclosures required by law for sales and returns. In case of conflict, these Terms shall prevail.
• Initiate the fulfillment process for Order delivery immediately upon confirmation and be prepared to provide proof of delivery for all Orders and Transactions.
• Ensure that Customer information provided on the Merchant Dashboard is accurate, truthful, and up-to-date.
• Abide by PCI-DSS compliance and Applicable Laws when storing payment data. Comply with applicable standards when storing such data.
• Prohibit transferring financial liabilities to Customers through coercive methods or actions.

Use the Services strictly in compliance with these Terms, refraining from:

(a) Infringing proprietary rights of any party.

(b) Copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating derivative works, or licensing the Services.

(c) Transmitting data or material containing harmful computer code.

(d) Using automated devices to monitor or copy the App or Services.

(e) Engaging in unlawful, fraudulent, or malicious activities.

(f) Violating Applicable Laws in any manner.

Indemnity

You agree to indemnify Webfinpay, its parent company, affiliates, officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives from any direct or indirect losses, actions, damages, penalties, costs and expenses, claims, demands, lawsuits, or judicial proceedings (including, but not limited to, all damages, liabilities, settlements, costs, and attorneys' fees) related to:

• Mistakes, misrepresentations, negligence, fraud, forgery, dishonesty, violations attributable to you and/or your personnel, agents, or representatives, or any third party who may use your Account, access the Platform, or use the Services in violation of these Terms;
• Breaking a rule or standard practice in your field; or
• Any claim made by an authority or a third party because of something you did or didn't do, like breaking these rules or doing something outside the scope of these rules.

Limitation Of Liability

Notwithstanding any other provisions, it is hereby stated that neither Webfinpay nor any of its affiliates or related parties shall bear any responsibility towards you or any third party for any indirect, incidental, special, or consequential damages, loss of revenue, or profits arising from these Terms, including any actions taken by Authority or Payment Partners. The user consents to exempt Webfinpay, along with its affiliated entities, subsidiaries, parent company, and all of their directors, officers, employees, and agents, from any and all legal claims, losses, damages, liabilities, expenses, and causes of action arising from their utilization of the Platform or the Services, in accordance with the maximum extent permissible by law.

Changes To Terms

We reserve the right to modify these Terms and Conditions and the Platform at any time. Merchants are required to examine these Terms and the Additional Terms each time they access the Platform or use the Services. Your use of the Platform and Services will be governed by the Additional Terms and these Terms, as amended from time to time. If you do not concur with these changes, you should discontinue using the Platform and/or the Services at that time.

We reserve the right, for business and operational reasons, to limit access to our Platform in whole or in part. Our Platform will not be accessible or uninterrupted at all times, and neither will we. We will do our best to notify you in writing of any such suspension or withdrawal as soon as practicable.

Severability

Even if a court or other authority rules that one of these Terms is illegal or can't be enforced, the other terms will still be in effect. If a part of a rule that is illegal or can't be enforced would be legal or could be enforced if it were taken out, that part will be taken out, but the rest of the rule will still be in effect.

Force Majeure

You agree that we are not responsible if we break these terms because of something that was unexpected and out of our control. This could be, depending on the situation, a failure of any communication system, a breach or virus in our system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, unauthorized access to computer data, and so on. In this case, we will be given a reasonable amount of extra time to do our jobs, and we will use all reasonable means to let you know about the Force Majeure Event and try to make it less bad.

Governing Laws And Jurisdiction

Any dispute about these Terms must be taken to a court in India, and the laws of India must be used to figure out how to understand and follow them.

Contact Details

If you have any questions, issues, or claims about the Services, you can contact us at [email protected]