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Farooq

Terms And Conditions
Agent Terms & Conditions

TERMS & CONDITIONS
Accept these Terms & Conditions for becoming a Retailer of Transpayu Finance Pvt. Ltd.
IMPORTANT
Use of the TFPL retail product & Services and Related Services is subject to these terms & conditions. Please read them carefully.
TFPL RETAIL AGREEMENT
By Clicking ‘Agree’ you are agreeing to be bound by these TFPL & Third Party Terms.

GENERAL TERMS:

1.Appointment of Retail Outlet
A.Appointment – With effect from the date of this Agreement, the Company appoints the Retail Outlet to act as its Channel Partner for the purpose of offering Services as given in Schedule 1 to this Agreement in accordance with the terms and conditions outlined herein.
B.Acceptance
a.The Retail Outlet accepts its appointment as Channel Partner of the Company and agrees to perform all of its obligations under this Agreement in accordance with the terms and conditions outlined herein.
b.The Retail Outlet represents and confirms that, as on the Commencement Date, it is not party to any agreement by whatever name called and of whatever nature that restricts or prevents or stands in the way or would stand in the way on a later date from performing or fulfilling any of its obligations under this Agreement, or is prejudicial to the interests of the Company.
c.Without prejudice to the generality of the foregoing, the Retail Outlet shall, during the Term of this Agreement, be under an obligation to not to enter into any agreement or become a part of any business association present or future that may adversely affect the commercial or other interests of the Company.
C.No partnership or contract of employment – Nothing in this Agreement shall be construed as implying that the relationship between the Company and the Retail Outlet is that of partners, or employer and employee.The Retail Outlet acknowledges and confirms its position and relationship with the Company as an independent contractor.

2.Offering the Service
A.Compliance with Agreement – The Retail Outlet shall at all times offer the Services in accordance with the terms and conditions of this Agreement and any other written guidelines issued by the Company.Notwithstanding the above, in offering the Services, the Retail Outlet shall ensure that it complies with all applicable laws and regulations including, but not limited to Guidelines issued by Reserve Bank of India from time to time on KYC, maximum amount of transactions and other matters.
The Channel Partner shall sight original Photo ID in case of transactions, where KYC has been prescribed by RBI and will retain the copy of the same for records. As a token of having inspected the original, the –Retail Outlet shall endorse OSV (Original Seen & verified) on the copies of the Ids. The copies will be submitted to the Company as directed by the Company.
B.Licenses and permits – The Retail Outlet shall at all times hold any licenses and permits as maybe required to offer the Service under any Law.
C.Funds held in trust – The Retail Outlet shall hold all monies related to the Service in trust for the Company.
D.Audits and inspections – The Company or any party authorized by it at any time may visit the Retail Outlet’s locations for the purpose of auditing the Retail Outlet’s compliance with the terms of this Agreement & applicable law.

3.Settlement and Charges
A.Sur-Charges for Domestic Money Transfer – The Retail Outlet shall pay surcharge of 0.5% of transaction amount. Any sort of Tax liability on the earnings of the Retail Outlet will be borne by the Retail Outlet itself.
B.Settlement – For offering the services under this agreement, the Retail Outlet will deposit advance funds with the Company in designated Bank accounts as intimated by company from time to time and in no circumstances the Retail Outlet will be allowed to do transactions beyond the amount of advance funds deposited by him with the company.

4. Operating hours and location
A. Location – The Retail Outlet shall offer the Service from the Locations approved by the Company only. Should there be any change in the address of the Location or the Constitution of the Retail Outlet, the Retail Outlet shall seek prior written approval from Company.
B. Interruptions to operation – Where the Retail Outlet is impeded in offering, or is unable to offer, the Service in accordance with Clause 4.1, the Retail Outlet shall immediately notify the Company and provide details of the nature of the interruption and its expected duration.

5. Advertising and promotion
A. Promotion of the Service – The Retail Outlet shall use its best efforts to advertise and promote the Service.
B. Cessation – Upon the request of the Company, the Retail Outlet shall cease advertising or engaging in any other form of promotion which, in the opinion of the Company, in their absolute discretion, is considered to be:
a. harmful or adverse to the business or business reputation of the Company or any of its subsidiaries or affiliates; or
b. Misleading or deceptive, or likely to mislead or deceive.

6.Exclusivity
A. Inconsistent business ventures-
a. The Retail Outlet agrees on its own behalf, and on the behalf of its affiliates, subsidiaries, employees, officers, Partners and directors, that neither it nor they shall during the Term of this Agreement and for one year thereafter act as a Channel Partner or Retail Outlet of any other Company for offering same or similar services without the prior written consent of the Company.
b. The Retail Outlet acknowledges and agrees that the restrictions contained in clause 6(b) are reasonable and necessary to protect the reputation & bonafide interests of the Company and agrees that the compensation received under this Agreement anticipates the operation of clause 6(b) during as well as after the Term of this Agreement..

7. Record-keeping and audit
A. Records – The Retail Outlet shall store/keep records of all Transactions in accordance with the RBI Guidelines/applicable law.
B. Access and audit – The Company shall have access to the records referred to in Clause 8.1 for the purpose of auditing and reviewing such records.
C. No property – The Retail Outlet acknowledges and agrees that the records referred to in Clause 7(A) shall remain at all times the property of Company and the Company shall have the right to call for any such records at any time and failure of the Retail Outlet in complying with this clause will entitle the Company to withhold any payments due to the Retail Outlet under this agreement or under any agreement with any Associate Company of the Company, in addition to taking any other action as it deems fit.

Terms And Conditions
CUSTOMER TERMS & CONDITIONS

Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Transpayu.com, these terms and conditions constitute For the purpose of these Terms of Use, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. User is allowed to surf the Website or making purchases without registering on the Website. The term “we”, “us”, “our” shall mean Transpayu.com. When You use any of the services provided by us through the Website, including but not limited to, (e.g., Customer Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is Your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the changes. As long as you comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
We as a service provider shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the User having exceeded the limits as defined by the regulator from time to time.

Eligibility
Use of the Transpayu.com Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Transpayu.com Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Transpayu.com and shall not transact or use Transpayu.com website. As a minor if you wish to use or transact on Transpayu.com, such use or transaction may be made by your legal guardian or parents who have registered as users of the Transpayu.com. Transpayu.com reserves the right to terminate your membership and refuse to provide you with access to the Transpayu.com if it is brought to Transpayu.com’s notice or if it is discovered that you are under the age of 18 years. Transpayu doesn’t allow the User to open more than one account which is associated with one Phone number.

Your Account And Register Obligations
If You use the Website, You shall be responsible for maintaining the confidentiality of your User ID and Password and You shall be responsible for all activities that occur under your User ID and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website. Transpayu requires below for creation of wallet account of the user:

GENERAL TERMS
1.Name and Location details
2.Valid email ID
3.Valid phone number
4.Any additional information that is prescribed by the Regulator which is required to satisfy Know Your Customer norms (“KYC Norms”), or as required by Transpayu.

Communications
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Limits
Transpayu wallet usage will be governed by limits prescribed by RBI from time to time on loading and wallet usage for various services/products. The maximum store value of the Wallet will be governed by RBI and the Risk policies of Transpayu. The user will be allowed to use the Wallet as per the limits prescribed by RBI for different services from time to time.

Charges
Membership on the Website is free. There is no charge or fee for browsing on the Website. However we reserve the right to charge fee and change its policies from time to time. There will be charges or fees associated with each services/products available on the website which you agree to pay for availing the services/products. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event We reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.

Payment
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
Lack of authorization for any transaction/s, or
Exceeding the preset limit defined by the regulator
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s.

Eligibility
We will try to deliver the product/services in the specified time period. Transpayu.com will not be held responsible in case of delays due to unforeseen and unavoidable circumstances. All items purchased on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For certain transactions we are tied with third party vendors. Transpayu.com should not be held responsible for any delay, pricing or cancellation of any transaction which is dependent on third party.

Refund
All transactions on the Transpayu.com website, monetary and otherwise, are nonrefundable, non-exchangeable and non-reversible, save and except in the event of proven gross negligence on the part of Transpayu.com or its representatives, in which event the user agrees that the user shall only be entitled to a refund of the amount actually paid by the user and actually received by Transpayu.com with respect to the transaction done by the user. Transpayu will initiate the refund in the cases mentioned above within 7 working days. We reserve the right to cancel any order at our sole discretion, under a situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the our policy or for any other reason. However, we will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.

Cancellation Of Order
We reserve the right to cancel any order at our sole discretion, under a situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the our policy or for any other reason. However, we will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time. Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

Product Description
We try to be as accurate as possible. However, we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free.

Contents Posted On Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned and controlled or licensed by us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

Other Businesses
Transpayu.com does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, Transpayu.com and We assume no responsibility for examining or evaluating the products and services offered by them. We and Transpayu.com do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Neither Transpayu.com nor We endorses, in any way, any third party website(s) or content thereof.

Third Party Links
We may provide links to third party websites. Any use of the third party links from our website is the sole responsibility of the User and Transpayu.com will not be held liable in any circumstances for any problem/situation arising out of the usages of this links.

Disclaimer Of Warranties And Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we do not warrant that: This Website will be constantly available or available at all; or the information on this Website is complete, true, accurate or non-misleading. We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. We do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.

Indemnity
You shall indemnify and hold harmless Transpayu.com, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights of a third party.

Applicable Law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India.