INTRODUCTION TO TERMS & CONDITIONS

PAYMAN FINTECH SOLUTIONS PVT LTD believes in helping its customers as far as possible, and has therefore a liberal cancellation policy. Under this policy:

This document serves as an electronic record in accordance with the Information Technology Act, 2000, and the relevant rules applicable therein, as well as any amendments related to electronic records within various statutes as amended by the Information Technology Act, 2000. Please note that this electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is made available in compliance with the provisions outlined in Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. These regulations mandate the publication of rules, regulations, privacy policies, and Terms of Use for accessing or using the PayMan website and mobile application.

INTRODUCTION

PayMan Fintech Solutions Private Limited maintains this website ("the Site") for the purpose of providing you with personal information, education, and communication. While we encourage you to explore the website, we kindly request that you carefully review the following terms and conditions. This website incorporates numerous valuable trademarks, names, titles, logos, images, designs, copyrights, and other proprietary materials owned and registered by PayMan Fintech Solutions Private Limited and used by the company.

Before using www.thePayMan.com or the PayMan Mobile Application (hereinafter referred to as the "Website"), please take a moment to read and understand these Website Terms and Conditions thoroughly. Your access to and use of the Website is contingent upon your agreement with the terms and conditions outlined below. If you do not consent to all the terms of use, we urge you not to access or use the Website and kindly exit the platform immediately. By accessing or using the Website or Mobile Application, you (referred to as "you" or "your") and the entity you are authorized to represent signify your consent to be legally bound by these terms and conditions. These terms and conditions apply to all Website and Mobile Application users, including but not limited to Members and Merchants. We recommend thoroughly reviewing these terms and conditions pertaining to your legal rights.

USER ELIGIBILITY

PayMan Fintech Solutions Private Limited administers the Website and is exclusively intended for use by individuals and entities who have reached the age of legal majority and possess the capacity to enter into a legally binding agreement(s) in accordance with applicable laws. You are not authorized to utilize the Website/Mobile Application if you do not meet these qualifying criteria.

ACCEPTANCE OF TERMS

Your acceptance and commitment to adhere to these terms and conditions are considered to be in effect from your initial use of the Website and its Mobile Application. By utilizing the Website/Mobile Application and consenting to these terms and conditions, you acknowledge that your access and usage of the Website/Mobile Application and its Services are exclusively governed by these terms and conditions unless explicitly stated otherwise. You must refrain from using the Website/Mobile Application for any purposes that contravene the law or violate the provisions established in these terms and conditions. Your utilization of the Website/Mobile Application indicates your full acceptance of the terms, conditions, and disclaimers contained within this document.

If you agree to these terms and conditions while representing your employer or functioning as an employee, you affirm that you possess the requisite authorization to enter into legally binding agreements on behalf of your employer. Furthermore, you confirm that your employer consents to be bound by these terms and conditions. The Website/Mobile Application and the accompanying Tools and Services are exclusively intended for use within the jurisdictions falling under the Territory of India. The Company does not assert that any of the Tools or Services available on the Website/Mobile Application are suitable or accessible for use beyond the borders of India. Accessing the Website/Mobile Application and utilizing the Tools and Services from locations outside India is considered illegal. The Company retains the prerogative to restrict the availability of the Website/Mobile Application, the tools, or the Services to any individual, geographical region, or jurisdiction at our discretion and at any time.

MODIFICATION OF THESE TERMS OF USE

Our Website/Mobile Application retains the prerogative to modify any of the terms, conditions, and notifications governing the provision of "The Service." You are responsible for reviewing these terms of use, including any changes or modifications we may implement periodically. Your ongoing utilization of 'The Service' signifies your acceptance of all such terms, conditions, and notifications.

REGISTRATION DATA AND ACCOUNT SECURITY

Need for registration: When registering on our website or mobile application, it is imperative that you furnish us with precise and comprehensive information. This should encompass your complete name, firm or company name, full address, mobile number, email address, PAN number, Aadhar number, and GST number. Your cooperation in providing these essential details is greatly valued, enabling us to offer you an efficient and seamless experience on the PayMan platform.

YOUR OBLIGATIONS

  • By accessing and utilizing the PayMan website or mobile application, you hereby affirm, guarantee, and commit to the following: (a) You pledge to furnish true, accurate, up-to-date, and complete information about yourself, as may be requested through registration forms or templates on the PayMan platform or otherwise provided by the company (b) You ensure that your user account is not shared or accessed by anyone other than yourself. (c) You agree not to register or log in on behalf of anyone other than yourself nor to permit any other individual to register or login under your user account. (d) You commit not to use another user's account. (e) You will maintain the security of your password, user ID, and any other access methods provided to you as a user. (f) You will promptly update your registration data and any other information you provide to us to ensure its accuracy, currency, and completeness. (g) You acknowledge full responsibility for any and all use of your account and for any activities conducted using any password, user ID, or other access methods granted to you, regardless of whether such use is authorized by you. (h) You agree not to attempt to access password-protected sections of the PayMan website or mobile application without an authorized access method or by any means other than using your authorized access method on the appropriate PayMan platform page.
  • Declaration of Non-Requirement for Registration under the Central/State/Union Territory/Integrated Goods and Services Tax Act, 2017:

In accordance with the Goods and Services Tax Act of 2017, if you are not obligated to obtain registration under the Act, we kindly request you to make the following declaration:

"I hereby confirm that, as per the provisions of the Goods and Services Tax Act, 2017, I am not required to register under the Act due to my turnover falling below the taxable limit specified by the Goods and Services Tax Act, 2017.

I also commit to promptly provide all necessary information and documents if, during any financial year, we find it necessary or mandatory to register under GST.

I am fully aware that providing false information in this declaration may subject me to legal and penal consequences, for which I assume sole responsibility.

Please consider this Electronic Acceptance as our declaration of non-obligation for registration under the Goods and Service Tax Act, 2017".

If you are a registered dealer, please ensure to update your KYC details with the Accounts Department. For any inquiries or assistance, please contact us at 83749 13154.

Privacy: Please be aware that any information you furnish or that we collect during your registration is subject to the company's privacy policy. We retain the prerogative, in accordance with the PayMan Privacy Policy, to divulge information pertaining to our Users, including registration data, for the following purposes: (a) to comply with applicable laws, regulations, legal processes, subpoenas, or governmental requests; (b) to uphold the Terms and Conditions; and/or (c) to safeguard the rights, assets, or well-being of the company, its Third Party Providers, Subscribed Members, other subscribed members, Users, and the general public.

OUR WEB PORTAL – RATES, SERVICES AND TARIFF

In conjunction with any other terms and conditions that pertain to the specific transaction, as outlined in these terms of use and the Service Agreement(s), it is imperative to consider the following:

Your utilization of services related to the company's web portal and mobile applications is subject to the prevailing rates and service terms specified in our Web Portal Rates, which are applicable to your particular service requirements. Furthermore, any applicable Tariff, to the extent it pertains to your usage, shall also apply and govern your engagement with the company's web portal and mobile application services. These terms and conditions collectively dictate the terms of your service provision at the time of your engagement with our platform.

RULES ABOUT USE OF THE SERVICE AND THE WEBSITE / MOBILE APPLICATION

  • We are committed to promptly addressing and rectifying errors or omissions upon notification. Nevertheless, it's important to note that we cannot assure a fault-free experience with PayMan services or the Website/Mobile Application, and we cannot be held responsible for any such faults, errors, or omissions. Should you come across any such issue, we kindly request you to report it by reaching out to our Customer Care team at 9100748033.
  • While we strive to provide uninterrupted access to the Services and the Website/Mobile Application, we do not guarantee uninterrupted usage. Please be aware that despite our efforts to maintain continuous access, there may be instances where access to the Services and the Website/Mobile Application is temporarily suspended, restricted, or terminated
  • We do not provide any assurance that the services and the Website/Mobile Application are immune to viruses or any other potentially detrimental elements that may impact technology.
  • The Merchant hereby affirms its commitment to refrain from engaging in or facilitating any form of cash collection or settlement, whether through any officer, employee, or agent of PayMan Fintech. The Merchant further agrees to indemnify and absolve PayMan Fintech from any losses arising in connection with such cash transactions or collections. It is incumbent upon the Merchant to ensure that their account with the Company is adequately pre-loaded with their own funds to avail of the services
  • We retain the authority to make changes, modifications, substitutions, suspensions, or removals of information or services on PayMan or PayMan Website/Mobile Application without prior notice. Periodically, access to the Website/Mobile Application and/or its services may be temporarily restricted to facilitate repairs, maintenance, or the introduction of new features or services. We will make reasonable efforts to reinstate such access promptly.
  • For clarity, please be aware that we maintain the right to withdraw any information or services from the PayMan Website/Mobile Application at any given time.
  • We retain the authority to restrict access to, and/or modify or delete any content that, in our considered judgment, could potentially violate these Terms and Conditions of Use.
  • The custody of all data and information collected from third parties shall be transferred to the respective channel partner from the outset. Under the terms and conditions stipulated in this Agreement, PayMan website/Mobile Application hereby extends a limited, revocable, non-transferable, and non-exclusive license for your access and use of the website/Mobile Application. Please be aware that any breach of this Agreement will lead to the immediate revocation of the license we granted, and this action will be taken without prior notice.
  • You are prohibited from engaging in any commercial utilization of the information presented on the Website/Mobile Application or using the Website/Mobile Application for the advantage of another business unless we have granted prior explicit permission.

USE OF SITE

Subject to the terms and conditions outlined in this Agreement, the PayMan website and Mobile Application provided by PayMan Fintech extend you a limited, revocable, non-transferable, and non-exclusive license for accessing and utilizing the platform. Please be aware that any violation of this Agreement will result in the immediate revocation of the license specified in this paragraph, and this action will be taken without prior notice.

With the exception of the permissions granted above, you are not authorized to reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or exploit this website or any of its components unless explicitly permitted in writing by the website. Commercial use of the information provided on the website, or using the website for the benefit of another business, is not allowed unless expressly permitted by PayMan in advance.

Furthermore, PayMan reserves the right to refuse service and exercise discretion in terminating accounts, especially if we believe that customer conduct is in violation of applicable laws or detrimental to our interests, or if customer data hosted on our servers is found to be in violation of the law.

You are prohibited from uploading, distributing, or otherwise disseminating any Content, information, or other materials through this Website/Mobile Application that –

  • infringes upon or violates the copyrights, patents, trademarks, service marks, trade secrets, or any other proprietary rights of any individual or entity;
  • contains content that is defamatory, threatening, libelous, obscene, indecent, pornographic, or has the potential to result in civil or criminal liabilities under Indian law; or
  • contains any bugs, viruses, worms, trap doors, Trojan horses, or any other harmful code or elements; or
  • engages in criminal or tortuous activities, encompassing but not limited to activities such as pornography, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, transmission of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; or
  • Utilizing any information acquired from the website/Mobile Application with the intent to harass, abuse, or inflict harm upon another individual;

IT ACT, 2000 COMPLIANCE

In accordance with Rule 3 of the Regulations established under the IT Act, 2000, as per the authority granted by clause (zg) of sub-section (2) of section 87, in conjunction with sub-section (2) of section 79:

Users of computer resources are prohibited from hosting, displaying, uploading, altering, publishing, transmitting, updating, or disseminating any information that —

  • infringes upon the rights of another person and is not rightfully owned by the user;
  • contains content that is severely detrimental, harassing, sacrilegious, slanderous, explicit, pornographic, related to child exploitation, invasive of someone's privacy, hostile, racially or ethnically offensive, derogatory, linked to illegal activities such as money laundering or gambling, or is otherwise in violation of the law in any way.
  • cause harm to individuals under the legal age in any manner;
  • violates patents, trademarks, copyrights, or any other proprietary rights;
  • breaches any currently applicable laws;
  • misrepresents or misguides the recipient regarding the source of such messages or conveys any information that is highly offensive or threatening in nature;
  • assume the identity of someone else
  • includes software viruses or any other code, files, or programs intended to disrupt, damage, or restrict the operation of any computer resource;
  • Poses a threat to the unity, integrity, defense, security, or sovereignty of India, jeopardizes friendly relations with foreign states, endangers public order, incites the commission of a punishable offense, obstructs the investigation of any crime, or exhibits disrespect towards any other nation.