By downloading, browsing, accessing or using this MasterPay Website/Mobile Application, you agree to be bound by these Terms and Conditions of Use. These terms and conditions apply to all Users of this Website/Mobile Application (including but not limited to Members). Please read these terms and conditions carefully, as they affect your legal rights.
ACCEPTANCE OF TERMS:
Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website and its Mobile Application. By using the Website and Mobile Application and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the Website/Mobile Application or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website/MobileApplication for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website/Mobile Application you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorized to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
The Website, Mobile Application, Tools and Services are directed solely for use in jurisdictions within the Territory of India. Company makes no representation that any Tools or Services provided on the Website/Mobile Application are appropriate or available for use outside India. Those who access the Website/Mobile Application and use the Tools and Services from locations outside India than such access and use is illegal. Company reserves the right to limit the availability of the Website/Mobile Application, the tools or the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.
REGISTRATION DATA AND ACCOUNT SECURITY:
Need for registration: You must Register in the Website/Mobile Application with your true and correct information including but not limited toFull name, Firm/Company name, Full address, Mobile number, Email Id, Pan Number, Aadhar Number, GST number,etc.
- By accessing and using the Website/Mobile Application, you represent, warrant and covenant (a) to provide true, accurate, current and complete information about you as may be requested by any registration forms or templates on the Site or Mobile App or otherwise provided to you by Company; (b) to ensure that your User account is not shared or accessed by an individual other than yourself; (c) not to register or log-in on behalf of an individual other than yourself nor to allow any other individual to register or log-in under your User account; (d) not to use another User’s account; (e) to maintain the security of your password, User ID and/or other access methods you may be granted as a User; (f) to maintain and promptly update your registration data, and any other information you provide to us, to keep it accurate, current and complete; (g) that you are fully responsible for any and all use of your account and for any and all activities that occur through the use of any password, User ID or other access methods you may be granted, whether or not such use is authorized by you; and (h) not to access or attempt to access any password-protected portions of the Site without an authorized access method or through any means other than by utilizing your authorized access method on the appropriate Site or Mobile App page.
Declaration regarding non-requirement to be registered under the Central / State/ UT/ Integrated Goods and Services Tax Act, 2017:
As per Goods and Services Tax Act, 2017, if you are not required to get registered under the Act, then You hereby declare the following:
“I do hereby state that I am not required to get myself registered under the Goods and Services Tax Act, 2017 as I have the turnover below the taxable limit as specified under the Goods and Services Tax Act, 2017.
I hereby also confirm that if during any financial year we decide or require to register under the GST in that case I undertake to provide all the requisite information and documents.
I also understand that quoting of any false information in this declaration shall render me liable for all applicable legal and penal consequences, for which I shall be solely responsible.
I request you to treat this Electronic Acceptance as a declaration regarding non-requirement to be registered under the Goods and Service Tax Act, 2017.”
If you are a registered dealer than you need to update your KYCs at the Accounts Department, Contact no.: +91-63534-30704
RULES ABOUT USE OF THE SERVICE AND THE MOBILE APPLICATION:
- We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Website /Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at our Customer care no.+91-84590-06006.
- We do not warrant that your use of the Services or the Website /Mobile Application will be uninterrupted. Notwithstanding that we will try to allow uninterrupted access to the Services and the Website /Mobile Application, access to the Services and the Website /Mobile Application may be suspended, restricted or terminated at any time.
- We do not give any warranty that the Services and the Website/Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.
- We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Website/Mobile Application from time to time. Your access to the Website /Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Website /Mobile Application at any time.
- We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
TERMS OF AGREEMENT FOR ONLINE PAYMENTS:
Definitions and Interpretation:
“Facility provider” shall mean the Internet Payment Gateway provider with which the MASTERPAY has an arrangement for facilitating online payment through their respective payment gateway.
“Merchant” shall mean the User/Retailer/Distributor/Super Distributor making Payments to the Company to avail the Services.
1.1. Subject to the terms and conditions of this Agreement MASTERPAY will provide to the Merchant the Services as and in the manner set forth.
1.2. This Agreement shall commence on the Activation Date and shall continue to be in effect unless terminated in accordance with (“Terms”).
MASTERPAY is entitled to change/ update the terms of service, including MASTERPAY Fees as well as settlement timelines for merchant opting for any and all additional Services from MASTERPAY apart from the ones envisaged under this Agreement, without prior approval of such Merchant.
The Merchant agrees that payment gateway services provided by the MASTERPAY will be used for loading the wallet to carry out the digital financial services offered on the platform. The Merchant can use Credit Card/Debit card/ Net Banking / UPI to take the wallet load. The Merchant agrees that they take complete ownership of knowing the cardholder and have verified the owner and the details before taking the wallet load. The Merchant also agree and acknowledge resolving any dispute that arises during the process.
UNDERTAKINGS OF MERCHANT
Use of the Payment gateway facility: In using the facility, the Merchant agrees:
- Not to use the Facility in any manner, or in furtherance of any activity, which constitutes a violation of any law or regulation or which may result in fraud on any person or which may cause the Payment Gateway Service Provider or MASTERPAY to be subject to investigation, prosecution or legal action.
- To use information regarding a Cardholder (including name, address, e-mail address, telephone numbers, and data regarding bank accounts or financial instruments) conveyed to Merchant by consumer software designed to access the Facility only for the purpose of completing the Transactions for which it was furnished, and not to sell or otherwise furnish such information to others unless the Merchant has an independent source of such information or obtains the express consent of such Cardholder.
- Compliance with Law & Guidelines: Merchant shall at all times comply with applicable laws, rules and regulations in so far as relevant to its use of the Facility. If the utilisation of the Facility by the Merchant results in or may result in additional liability being placed on MASTERPAY, such utilisation shall be deemed to be a violation of this Agreement and MASTERPAY has all the right to revoke the facility and terminate the agreement.
- The Merchant hereby confirms that MASTERPAY shall not be responsible for any Cardholder complaints regarding inaccuracy or deficiency in service or incorrect/ expired/ disputed and the Merchant shall be solely responsible and shall take such measures as may be required to resolve the same at its sole cost and expenses.
- Cardholder Support Services: To provide a second-level Query Resolution Support, Merchant shall co-operate with and assist the Company in connection with any inquiries for any Bill Payment request that are received regarding the validity or correctness of the data included in the payment information in respect of such Cardholders; notwithstanding anything provided herein or elsewhere in this Agreement, Merchant shall be responsible for resolving any Cardholder queries/ disputes relating to the Bill Payment request to them for any queries relating to execution of standing instructions issued by them to the Company.
- If Payment Gateway Service provider communicates to MASTERPAY the receipt of a Chargeback from a Cardholder, then the Merchant will forthwith be notified of the Chargeback.
- The Merchant shall be entitled to furnish to MASTERPAY documents and information (“Chargeback Documents”) pertaining to the Transaction associated with the Chargeback in order to substantiate (i) the completion of the aforesaid Transaction and/or; (ii) delivery of goods / services sought by the Cardholder pursuant to the said Transaction. Provided the Merchant is desirous of furnishing the Chargeback Document, the Merchant shall do so within five (5) days (or such other period specified by the Payment Gateway Service Provider) of receiving notification of the Chargeback.
- The Merchant agrees and acknowledges that (i) if the Merchant is unable to furnish Chargeback Documents as stipulated above and/or; (ii) the Payment Gateway Service Provider is not satisfied with the Chargeback Documents furnished by the Merchant , then the service provider and the MASTERPAY shall be entitled to effect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said Chargeback Amount is credited to the Cardholder’s Payment Instrument.
- For any transaction that results in a Chargeback, Retailer / Distributor/ Super Distributor agrees and acknowledge that MASTERPAY may withhold the Chargeback amount in a Reserve from Retailers/Distributor/Super Distributors wallet or your settlement amount. MASTERPAY may debit the amount of any Chargeback and any associated Fees, fines, or from your Settlement Amount and/or Reserve. If MASTERPAY reasonably believe that a Chargeback is likely with respect to any transaction, MASTERPAY may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a Cardholder ’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation or Card Association Rules by which the Cardholder may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If MASTERPAY is unable to recover funds related to a Chargeback for which you are liable, you will pay MASTERPAY the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us with respect to collection of all Outstanding Amounts unpaid by you. On the issuance of notice, MASTERPAY reserves the right to withhold from each settlement made during the Notice Period, a sum computed based on a Stipulated Percentage (defined hereinbelow) for a period of one hundred and twenty (120) days (“Withholding Term”) from the date of issuance. The sums so withheld shall be utilized towards settlement of Chargebacks. After processing such Chargebacks, MASTERPAY shall transfer the unutilized amounts, if any, to the Merchant forthwith upon completion of the Withholding Term. The ‘Stipulated Percentage’ is the proportion of the Chargeback Amounts out of the total Transaction Amounts settled during the subsistence of this Agreement.
Merchant agrees that payments made in respect of any order which Cardholder or anyone else disputes as a transaction not done by payer or delivery of services not received by Merchant or the allegation that transaction has been done by unknown persons which is disputed by Cardholder or payer or a charge/debit arising out of any alleged hacking, phishing, breach of security/ encryption of the end user’s Login/Password or debit card number or PIN has arisen and a request for Chargeback/refund has been made by the Cardholder then it is agreed by Merchant shall provide proof of delivery of service to the Cardholder and shall make adjustment to the Cardholder bill and shall refund amount to MASTERPAY in return shall refund such amount to Payment Gateway service provider who will then refund the Cardholder / payer or anyone disputing the Transaction.
- In addition to the above, the Merchant shall also comply with security practices and procedures as prescribed in the Information Technology Act, 2000 and the rules made thereunder and/or the RBI rules and Regulations. Any loss incurred to the MASTERPAY or the Payment Gateway Service Provider as a result of the Link being breached due to improper security on the part of the Merchant , its employees, contractors, agents, etc. Merchant agrees to indemnify, defend and hold harmless MASTERPAY and the Facility provider from any claims, actions, damages or losses arising out or in relation thereto.
The Merchant shall indemnify and hold MASTERPAY, its directors, officers, employees, agents representatives harmless from and against any and all losses, damages, costs or expenses (including reasonable attorney's fees) on account of claims, judgments, awards, settlements, fines, arising from
(a) The transaction between the Payee and the Merchant (pursuant to the relationship between the Merchant and Payee, contractual or otherwise);
(b) breach of security in respect of Payee’s Personal Data with such breach being attributable to the Merchant ; and
(c) fines, penalties imposed by the Sponsor Bank, NPCI or any other governmental authority on account of fraudulent Pay-out transactions initiated or effected by the Merchant .
Merchant hereby undertakes and agrees to indemnify at all times and hold harmless Company, from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs, awards, damages, losses and/ or expenses however arising as a result of:
- Any breach of any Applicable Laws, GST and rules and regulations.
- Any breach or non-performance by the Merchant of any of the provisions of this Agreement and/or any Schedules, breach of confidentiality, Intellectual property rights, inaccuracy of Cardholder billing information, Chargeback and refunds, any fines, penalties or interest imposed directly or indirectly on MASTERPAY on account of Merchant under this Agreement and/or any schedules;
- Any claim or proceeding brought by Merchant (‘s) vendors/suppliers, the Cardholder or any other person against Company, in respect of any product/services offered by Merchant ; or
- Any act, neglect or default of Merchant (‘s) agents, employees, licensees or Cardholder; or
- Any claim by any other party against MASTERPAY, arising from sub-clauses above. Merchant shall also fully indemnify and hold harmless MASTERPAY and the Facility provider against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party that Merchant (‘s) services infringes any intellectual or industrial property rights of that third party.
In the event of Company/the Facility provider being entitled to be indemnified pursuant to the provisions of this Agreement, MASTERPAY shall be entitled to accordingly and to such extent debit Merchant (‘s) with MASTERPAY and/or the Settlement Amount.
DISCLAIMER AND EXCLUSION OF LIABILITY:
- The Website /Mobile Application, the Services, the information on the Website /Mobile Application and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
- To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Website/Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Website/Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
- We do not warrant that the Website/Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Website/Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
- While we may use reasonable efforts to include accurate and up-to-date information on the Website/ Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
- We shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from your access to, use of or inability to use, reliance on or downloading from the site, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
INTELLECTUAL PROPERTY RIGHTS:
- All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Website /Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
- Nothing contained on the Website /Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website /Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Website/Mobile Application is prohibited.
- We will not hesitate to take legal action against any unauthorized usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved.
You agree to indemnify, save, and hold MasterPay, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the MasterPay Services or of the MasterPay Platform; (ii) any violation by You of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. MasterPay reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify MasterPay, including rights to settle, and You agree to cooperate with MasterPay’s defense and settlement of these claims. MasterPay will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
MasterPay is only a reseller of digital products. MasterPay does not provide mobile operator services and is only a reseller of prepaid mobile recharge services which are ultimately provided by telecommunications service providers (hereafter Telco or Telcos) or by other distributors or aggregators of such Telcos. MasterPay is not a warrantor, insurer, or guarantor of the services to be provided by the Telcos. Prepaid mobile recharge sold by MasterPay to You is sold without recourse against MasterPay for any breach of contract by the Telcos. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the mobile prepaid recharge purchased must be handled directly between You (or the recipient of the recharge) and the Telco. The terms and conditions set out in this section are applicable, mutatis mutandis, to other prepaid recharge products available on the MasterPay Platform including prepaid recharges in relation to DTH, data card and toll tags as well as to other prepaid recharge products that may be offered on the MasterPay Platform. MasterPay will not be responsible for any failure on the part of any of its recharge partners in effecting a recharge.
All sales of prepaid recharge on the MasterPay Platform are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number for which You purchase the prepaid recharge and all charges that result from those purchases. You are also responsible for the information relating to data card and toll-tag recharge and all charges that result from those purchases. MasterPay is not responsible for any purchase of prepaid recharge for an incorrect mobile number or DTH account number or incorrect toll or data card information.
- MasterPay is only a bus ticket agent. It does not operate buses or offers bus transport services. In order to provide a comprehensive choice of bus operators, departure times and prices to customers, MasterPay has tied up with many bus operators and service providers.
- MasterPay’s advice to customers is to choose the bus operators who they are aware of and whose service they are comfortable with.
- MasterPay’s responsibilities include:
- issuing a valid ticket (a ticket that will be accepted by the bus operator) for its network of bus operators;
- providing refund and support in the event of cancellation; and
- MasterPay’s responsibilities do not include:
- The bus operator’s bus not departing/reaching on time;
- The bus operator’s employees being unprofessional or engaging in unlawful conduct;
- The bus operator’s bus seats, etc., not being up to the customer’s expectation;
- The bus operator cancelling the trip due to any reason;
- The baggage of the customer getting lost/stolen/damaged;
- The bus operator changing a customer’s seat at the last minute to accommodate any of the following passengers: senior citizens, children, pregnant women, persons with disability or any other person in a situation of emergency;
- The customer waiting at the wrong boarding point (please call the bus operator to find out the exact boarding point if You are not a regular traveller on that particular bus or route);
- The bus operator changing the boarding point and/or using a pick-up vehicle at the boarding point to take customers to the bus departure point.
- The arrival and departure times mentioned on the ticket are only tentative timings. However, the bus will not leave the source before the time that is mentioned on the ticket.
- Passengers are required to furnish the following at the time of boarding the bus:
- A copy of the ticket (a printout of the ticket or the printout of the ticket e mail).
- Identity proof (Aadhaar Card, Driving license, Student ID card, Company ID card, Passport, PAN card or Voter ID card). Failing to do so, they may not be allowed to board the bus.
- Passengers must also be aware of the following :
- Cancellation Policy: Passengers are expected to read the ticket cancellation policy carefully. Tickets will be cancelled as per the cancellation policy linked with the ticket. The transaction charges will not be refunded in the event of ticket cancellation.
- Refund policy mentioned on the ticket is indicative. The actual cancellation charges are determined by bus operators and bus providers at the actual time of cancellation. MasterPay has no role in governing the cancellation charges.
- Cancellation charges are calculated on the actual fare of the ticket. If any discount coupons are used while purchasing the ticket, the discounted value would be used to calculate the refund amount when a ticket is cancelled.
- In case a booking confirmation e mail and SMS gets delayed or fails because of technical reasons or as a result of incorrect e mail ID/phone number provided by the user, etc., a ticket will be considered ‘booked’.
- Amenities on the buses as shown on MasterPay have been configured and provided by the bus service provider (bus operator). These amenities will be provided unless there are some exceptions on certain days. Please note that MasterPay provides this information in good faith to help passengers to make an informed decision. Provision of video, air conditioning and any such other services mentioned by MasterPay’s travel partners in the buses is their own responsibility. Any refunds/claims due to non-functioning or un-availability of these services needs to be settled directly with the bus service provider.
- MasterPay is not responsible for any kind of journey inconvenience, injury or death, caused during the journey or flowing from the journey.
REFUNDS IN CASES WHERE AIRLINE IS DECLARED AS INSOLVENT OR BANKRUPT:
MasterPay shall not be liable to pay any refunds whatsoever in cases where the airline closes its operations or declares itself as insolvent or has been declared as insolvent in any legal proceedings. The customers or clients or agents shall not hold MasterPay liable to pay the refunds as assured at the time of booking of ticket in cases where the airline closes its operation or declares itself as insolvent or has been declared as insolvent in any legal proceedings.
- We may periodically make changes to the contents of the Website /Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Website /Mobile Application.
- We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Website /Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.