Terms & Conditions (T&C) of Service
www.kedarpay.com is Official Website Of KedarPay Solutions Private Limited (“KedarPay”), SCO-32, 3rd Floor, Sec – 12A, Gurgaon HR 122001 IN. The Users availing services from KEDARPAY shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement.
This Website www.kedarpay.Com that KedarPay may specify from time to time, (“Website”) is owned and operated by KedarPay. The use Of this Website is Subject to the following terms and conditions of use (“T&C”). Please read the T&C very carefully as they shall apply to all Users of this Website. A User may opt for Services through this Website only if he accepts and abides by all of the terms. KRDARPAY May periodically change these T&C Without Notice.
This T&C is published in compliance of and shall be governed by Indian law, including but not limited to:
- The Indian Contract Act, 1872;
- The Information Technology Act, 2000, the rules, regulations, guidelines and clarifications framed thereunder including the information technology (reasonable security practices and procedures and sensitive personal information) rules, 2011, and the provisions of rule 3 (1) of the information technology (intermediaries guidelines) rules, 2011;
- The Payment and Settlement Systems Act, 2007 and applicable rules, regulations and guidelines made thereunder including policy guidelines on issuance and operation of pre-paid payment instrument in india; and
- Reserve Bank of India Act, 1934 and the applicable rules, regulations and guidelines made thereunder for the issuance of pre-paid payment instrument and for money transfer.
Such “T&C” will be provided/ updated by KedarPay which shall be deemed to be a part of this Agreement and in the event of a conflict between such Terms & Condition and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant T&C for the service/ product availed by the User. Additionally, the Institution (KEDARPAY’s client) itself may provide terms and guidelines that govern particular fee structures, admission registration rules and prerequisites, offers or the operating rules and policies applicable to each Service (for example, Institution Fee, last date of registration, venue for seminar etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Institution with whom the User elects to deal, including terms and conditions set forth in an Institution’s rules and regulations. KEDARPAY’s Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the T&C, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the T&C. If the User does not agree with any part of such terms, conditions and notices, the User must not avail KEDARPAY’s Services. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other KEDARPAY document, then these terms shall control.
THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THIS DOCUMENT IS ALSO DISCLOSED IN COMPLIANCE WITH SECTION 21 OF PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 AND AS REQUIRED TO BE DISCLOSED UNDER POLICY GUIDELINES ON ISSUANCE AND OPERATION OF PRE-PAID PAYMENT INSTRUMENT IN INDIA.
Definitions
For The Purpose Of These Terms, The Following Words And Phrases Shall Have The Meaning Assigned To Them Under This T&C.
“Services” Means The Service Provided By KEDARPAY And Service Providers To Users, Whereby A User Can (I) Receive Payments From Their Customers Or Other Payers; Or (Ii) Make Payment To Suppliers, Beneficiaries Or Other Payees, By (A) IMPS/NEFT/RTGS; Or (B) Credit/ Debit Card; Or (C) Net Banking; Or (D) Any Other Mode Of Payment Through Banks, That May Be Accepted By KEDARPAY From Time To Time In These T&C.
“User” Shall Mean Any Person Who Is Boarded On The KEDARPAY Platform For Using This Website And/Or Who Transacts Or Avails Of The Services Through This Website, To Make Or To Receive Payments To Or From Third Parties. The Term “User” Shall Also Cover Such Personnel Of Any User Who Are Authorized To Avail Of The Services On Behalf Of The User.
“Payee” Means Any Person To Whom A Payment Is Made, Using The Services, (And The Term Includes A User Who Uses The Services To Receive Payment.
“Payer” Means Any Person Who Makes A Payment, Using The Services (And The Term Includes A User Who Uses The Services To Make Payment.
“Service Provider” Means a Bank, and other payment gateways designated by them or on their behalf for retrieving requested information Association, Facility Provider, Card Issuing Institution, Acquiring Bank, Other Financial Institution, Card Processor, Clearing House networks whose facilities or Services are utilized In the provision of these Services.
“Cardholder” shall mean a person holding a Valid Card licensed by Card Associations.
“Card Associations” means a network of Issuing Bank(s) and Acquiring Bank(s) that process payment cards of a specific brand.
Object of Website
KEDARPAY Payment Gateway hereby agrees to permit the Merchant to use the Services, for facilitating payment by Customers through a Valid Card or Valid Bank Account for products and/or services availed from the Merchant by the Customer, using Payment Gateway made available by the Payment Gateway Facilitators. Provided, the Merchant agrees to adhere to the terms and conditions set out hereto.
Eligibility to use the Website
This T&C of the Website and its Services are Intended Solely for persons who can form Legally Binding Contracts under Indian Contact Law and who are 18 Years of Age Or Older. Any Access to or use of the Website or Services by anyone who is under 18 is expressly prohibited.
Registration:
In ordert to avail the Services, you must visit www.kedarpay.com, where User will be required to provide the following "Registration Data:
a) The registered entity name.
b) The valid and functional phone number and email ID registered in User name or the name of User’s authorized representative. Ensure Registered E-mail ID and Registered Phone Number is in working order in order to receive communication from us.
c) Please note that activation of User’s Merchant Account does not guarantee that User will receive further communication from Us, or that We will certainly execute a Physical Contract with You.
d) For registering as a Merchant Account, User must be agree to the following:
* Executing a Physical Contract.
*Abide by Know Your Customer norms ("KYC Norms") prescribed under RBI Regulations.
*Upon execution of the Physical Contract, User will become a Merchant and will be entitled to Services subject to these T&Cs and the Physical Contract.
*At the time of registration User are required to disclose the exact business category/business sub-category for which User will be using the KEDARPAY Payment Gateway Services and only avail the Kedarpay Payment Gateway Services through your designated Merchant Site. You understand and acknowledge that in order to use the Kedarpay Payment Gateway Services for any other purpose, you shall notify KedarPay Payment Gateway in writing/E-mail of such change and such change will be subject to approval by KedarPay Payment Gateway.
* User further understand and acknowledge that Kedarpay Payment Gateway, the Acquiring Banks and Nodal Bank have the right to withdraw their approval/consent at any time prior to or after commencement of the KedarPay Payment Gateway Services.
* A User Account Will Be Created, That Is Associated With User’s User Name, Password And Other Identifying Information. User Shall Be Responsible For Anything That Happens Through His User Account.
e) To enable the user to use the Services, a Link With Login Credentials will be communicated to The User on his Mobile Phone or Email Address and the User irrevocably and Unconditionally accepts the sole responsibility for Use, confidentiality and protection of said Login Credentials, including Passwords, as well as for all orders and information changes entered into the mobile/ e mail account using such Login Credentials.
f) KedarPay has no obligation to verify the authenticity of the transaction other than by means of verification of the User’s basic KYC Information.
g) User agrees that KedarPay accepts all instructions originating from his account in good faith and in a Manner consistent with commercially reasonable security standards. User shall indemnify and hold Kedarpay harmless for direct or indirect losses sustained as a result of the disclosure of sensitive information by or through User.
h) For avoidance of any doubt, it is specified herein that a "strong" password must be at least six characters long, does not contain all or part of the Customer's account/user name, and contains at least three of the four following categories of characters: uppercase characters, lowercase characters, base 10 digits, and symbols found on the keyboard (such as !, @, #). Strong passwords should be generated in such a way that knowledge of one does not lead to knowledge of another.
Security and control of transactions
1. The Merchant shall take all precautions as may be feasible or as may be directed by Kedarpay Payment Gateway to ensure that there is no breach of security and that the integrity of the link between the Merchant’s Website and Kedarpay Payment Gateway Site is maintained at all times. The Merchant shall ensure that all Customers upon accessing the link are truly and properly directed to the Kedarpay Payment Gateway Site. Without prejudice to the generality of the aforesaid, the User shall routinely and at such time intervals as may be specified by KedarPay Payment Gateway check the integrity of the link and provide such reports as may be required to Kedarpay Payment Gateway from time to time. The Merchant shall also maintain records of such periodical checks in such manner as may be specified by Kedarpay Payment Gateway.
2. Merchant undertakes and assures to Kedarpay that payments shall not be made/ receivediIn respect of any products mentioned in the banned Items List set out in Annexure A Hereto
3. Merchant shall bear and be responsible for the payment of all relevant taxes, surcharge, levies (Including Any Applicable Withholding Taxes) as may be due.
4. The Merchant shall ensure that there are proper encryption and security measures at Merchant Website to prevent any hacking into the information of the Merchant. It shall be the obligation of Merchant to verify the IP address of https://www.kedarpay Payment Gateway.com/ in the return/confirmation message URL. In the event of any loss being due to any act, which is beyond the control of the Merchant, including any hacking into the Website, the loss shall be borne by the Merchant alone and not the Customer. The Merchant must use security standards in respect of all processing of orders or such other standard as may be specified by Kedarpay Payment Gateway from time to time.
Fees Payment
- KEDARPAY reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. KEDARPAY further reserves the right to alter any and all fees from time to time, without notice.
- The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
- In case, there is a short charging by Kedarpay for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
Merchant commitments Liability
1. Notwithstanding anything to the contrary contained in these T&C, under no circumstances shall the aggregate liability of Kedarpay Payment Gateway to the Merchant or any third party arising from or out of, relating to this Agreement, or relating to Services exceed the sum actually earned by Kedarpay Payment Gateway for the Transaction in question/under dispute.
2. Kedarpay will not be responsible for any disputes between the users and the Payers/ Payees, including issues regarding prices, delivery, non-delivery or delay in delivery of the products, quality of products or otherwise. all such disputes will be dealt with by and between the user and the Payer/ Payee directly, and Kedarpay shall not be a party to such disputes.
3. Kedarpay shall not be a party to the agreement between the user and any Payer/ Payee in any manner whatsoever. All contracts are directly between users and their Payers/ Payees.
Refunds/ Chargebacks
A chargeback is a charge that is returned to a payment card after a customer successfully disputes an item on their account statement or transactions report. A chargeback may occur on debit cards (and the underlying bank account) or on credit cards.
The chargeback process can be initiated by either the merchant or the cardholder’s issuing bank. If initiated with a merchant the process is similar to a standard transaction; however, the funds are taken from a merchant’s account and deposited with the cardholder’s issuing bank.
If a chargeback is initiated by the issuing bank, then the issuing bank facilitates the chargeback through communication on their processing network. The merchant bank then receives the signal and authorizes the funds’ transfer with the confirmation of the merchant. In some cases, such as with fraudulent charges, the issuing bank may grant the cardholder with a chargeback while also sending the claim to a collection department. In this case, a bank takes on the liability and expenses the chargeback through reserve funds while researching and resolving the claim.
Merchant acquiring banks will generally charge a fee to merchants for chargeback transactions. These fees are detailed in a merchant account agreement.
In the event of a Chargeback situation arising in case of any Products purchased by a user or Payer, for which Payment has not yet been made to the Payee or User by service provider, the User or Payer shall be advised by Kedarpay to resolve the issue with the Payee or user or service provider and Kedarpay shall then settle the payment in accordance with the solution agreed upon by the Parties.
If user wishes to attempt To Chargeback/ retract a payment, he must notify his Bank and Kedarpay immediately and provide all required information. Once a payment has been initiated through the services, it may not be possible to retract the same using the services
In the event that the parties have agreed that User/ Payer is entitled to Chargeback any transaction, Kedarpay may at its discretion, give effect to such Chargeback entitlement in any one or more of the following Methods:
(A)Deduction of the relevant amount or any part thereof from any amounts to the payee;
(B)Billing the concerned Party for the relevant amount or any part thereof.
Duration and Termination
Kedarpay Payment Gateway shall be entitled to terminate the Merchant use of Kedarpay Payment Gateway services with immediate effect, and without the need to take any further action if the Suspects, on reasonable grounds, that A User has committed a breach of these terms or any other agreement with Kedarpay or any act of dishonesty or fraud against Kedarpay shall be entitled to Deactivate/ Suspend Merchant’s Account.
Force Majure Circumstances
The user agrees that there can be exceptional circumstances where the Institutions like the schools, colleges, universities or concerns may be unable to honor the fee payment due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues etc. If Kedarpay is informed in advance of such situations where dishonor of fee payments may happen, it will make its best efforts to provide similar alternative to its customers or refund the fee amount after reasonable service charges, if supported and refunded by that respective institutions. The user agrees that Kedarpay being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that institution directly for any further resolutions and refunds.
The User agrees that in situations due to any technical or other failure in Kedarpay, services committed earlier may not be provided or may involve substantial modification. In such cases, Kdarpay shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of Kedarpay against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
Kedarpay shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at schools, colleges, coaching institutes, universities or clubs end. In such event, the user affected will be promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on part of Kedarpay arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Kedarpay for its services.
Kedarpay is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. However, in the scenario where the user ends up being charged duplicate (double or more) for one transaction, the additional amount erroneously charged will be refunded via the same source within 07 to 10 working days.
Privacy Policy
User understands that his access to the Website will result in the collection, use and storage of his information which is subject to CKedarpay's Privacy Policy.
MOST IMPORTANT TERMS
Unless Otherwise set out, all payments may only be made in Indian Rupees.
Kedarpay reserves the right to change any of the terms contained herein by posting the revised terms on Kedarpay’s Website without notice to the User.
The User hereby accepts that he may, from time to time, receive from Kedarpay or its associates, communications such as service announcements, advertisements or administrative communications.
User acknowledges and agrees that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the website and services, remains with you. Neither Kedarpay nor any other party involved in providing or delivering the website or services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute services, or in connection with these terms, as a result of your use of the website or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Kdarpay has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for Kedarpay obligations to make payments through the nodal account as envisaged herein, in no event will Kedarpay's aggregate liability arising out of or in connection with these terms and user’s use of the website and services, exceed the amount of Rupees 1200.
Rejection of Payment : The making of payments under this Agreement by Kedarpay to the Merchant due to Kedarpay being unable to exercise set-offs against amounts due to Kedarpay shall not constitute a waiver of its rights to recover amounts payable by the Merchant to Kedarpay and seek indemnities from the Merchant for losses suffered by Kedarpay under any heads of claims permissible under applicable law, such as:
(a) Any Transaction is for any reason unlawful or unenforceable.
(b) Any information presented electronically to Kedarpay in respect of the Transaction is not received in accordance with Kedarpay’s requirements as specified from time to time.
(c) Any Transaction made outside the territory authorized for the use of such instrument.
(d) Transaction is posted more than once to Cardholder‘s account.
(e) The Transaction is doubtful or erroneously paid for, to the Merchant.
(f) Where the Transaction amount and/or monthly volumes, etc exceeds the limits prescribed by Kedarpay/Payment Gateway Facilitators from time to time, for any legal or regulatory reasons.
Kedarpay reserves the right to discontinue the service on these grounds and recover such amounts from the Merchant and to be indemnified in relation to any losses in connection thereto
In case of any dispute between the parties on the interpretation or implementation of these terms, the appropriate Court in Gurgaon shall have exclusive jurisdiction.
For Any Queries / Details Users Can Contact:
Kedarpay Solutions Private Limited,,
SCO-32, 3rd Floor, Sector-12A, Gurugram,
Gurugram, Haryana, India, 122001,
Or
Write To Us At Contact@kedarpay.Com
Customer Grievance Redressal
User may contact Kedarpay with any enquiry, complaints or concerns with regards to policy, terms and content of this website or by communicating in writing to the Grievance Officer at the details mentioned below:
Grievance Officer
Mr. Dheeraj Kumar
Kedarpay Solutions Private Limited
SCO-32, 3rd Floor, Sector-12A, Gurugram,
Gurugram, Haryana, India, 122001
Phone No. 8295399907
E-MAIL: dispute@kedarpay.com
Annexure A: Banned items
- Adult goods and services which include pornography and other sexually suggestive materials (including literature, imagery and other media), escort or prostitution services, website access and/or website memberships of pornography or illegal sites;
- Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne etc.;
- Body parts which include organs or other body parts;
- Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam);
- Cable descramblers and black boxes which include devices intended to obtain cable and satellite signals for free;
- Child pornography which includes pornographic materials involving minors;
- Copyright unlocking devices which include mod chips or other devices designed to circumvent copyright protection;
- Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
- Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software;
- Counterfeit and unauthorized goods which include replicas or imitations of designer goods, items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods;
- Drugs and drug paraphernalia which include illegal drugs and drug accessories, including herbal drugs like marijuana, salvia and magic mushrooms etc.;
- Drug test circumvention aids which include drug cleansing shakes, urine test additives, and related items;
- Endangered species which include plants, animals or other organisms (including product derivatives) in danger of extinction;
- Gaming/ gambling which include lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
- Government IDs or documents which include fake IDs, passports, diplomas, and noble titles;
- Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property;
- Illegal goods which include materials, products, or information promoting illegal goods or enabling illegal acts;
- Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes;
- Offensive goods which include literature, products or other materials that inter alia :
- Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors;
- Encourage or incite violent acts; or
- Promote intolerance or hatred.
- Offensive goods which include crime scene photos or items, such as personal belongings, associated with criminals;
- Pyrotechnic devices, combustibles, corrosives and hazardous materials which include explosives and related goods, toxic, flammable, and radioactive materials and substances;
- Regulated goods which include air bags, batteries containing mercury, freon or similar substances/ refrigerants, chemical/ industrial solvents, government uniforms, car titles, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides, postage meters, recalled items, slot machines, surveillance equipment, goods regulated by government or other agency specifications;
- Securities which include government and/ or public sector unit bonds, stocks, debentures or related financial products;
- Tobacco and cigarettes which include cigarettes, cigars, chewing tobacco, and related products;
- Traffic devices which include radar detectors/ jammers, license plate covers, traffic signal changers, and related products;
- Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, gun powder or explosive mixtures and other armaments;
- Wholesale currency which includes discounted currencies or currency exchanges;
- Live animals or hides/ skins/ teeth, nails and other parts etc. of animals;
- Multi-level marketing collection fees;
- Matrix sites or sites using a matrix scheme approach;
- Work-at-home approach and/ or work-at-home information;
- Drop-shipped merchandise;
- Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India;
- The User providing services that have the potential of casting the payment gateway facilitators in a poor light and/ or that may be prone to buy and deny attitude of the cardholders when billed (e.g. adult material/ mature content/ escort services/ friend finders) and thus leading to chargeback and fraud losses;
- Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. web-based telephony, website supplying medicines or controlled substances, website that promise online match-making);
- Businesses out rightly banned by law (e.g. betting & gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/ communal tensions, lotteries/ sweepstakes & games of chance;
- Businesses dealing in intangible goods/ services (e.g. software download/ health/ beauty Products), and involved in pyramid marketing schemes or get-rich-quick schemes;
- Any other product or service, which in the sole opinion of either the Acquiring Bank, is detrimental to the image and interests of either of them/ both of them, as communicated by either of them/ both of them to the User from time to time. This shall be without prejudice to any other terms & conditions mentioned in these Terms of Use;
- Mailing lists;
- Virtual currency, cryptocurrency, prohibited investments for commercial gain or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world;
- Money laundering services;
- Database providers (for tele-callers);
- Bidding/ auction houses;
- Activities prohibited by the Telecom Regulatory Authority of India; and
- Any other activities prohibited by applicable law.
The above list is subject to additions/ amendments (basis changes/ amendments to applicable laws) by Kedarpay without prior intimation to you.