Terms Of Use (ToU)

Welcome to www.pbpay.com website (the "Site"). This site belongs to PB Pay Private Limited. Pbpay provides its services to you subject to the following conditions.

Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this Terms of Use(ToU), the linked Privacy Policy and other Legal and Admin Policies.

We strongly recommend that, as you read this ToU, you also access and read the linked information, since it is incorporated into and hereby made part of this ToU. This ToU is effective upon access to the Site and is deemed acceptance. Use of any functionality of the Site constitutes acceptance of this ToU. If this ToU conflicts with any other documents, the ToU will control for the purposes of usage of the Site. If you do not agree to be bound by this ToU and the Privacy Policy, you may not access / use the Site in any way. Be sure to return to this page periodically to review the most current version of the ToU. We reserve the right, at any time, at our sole discretion, to change or otherwise modify the TOU without prior notice, and your continued access or use of this Site signifies your acceptance of the updated or modified TOU.

Pbpay provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time on this page. In addition, when using particular Pbpay services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Unless otherwise specified by Pbpay all alterations, additions and deletions shall take effect automatically and be binding on and from the day they are posted on the website.

You understand that in case of your non-compliance (intentional or otherwise) with the Privacy Policy, Terms of Use and other Legal and Admin Policies for access or usage of the Site, Pbpay reserves the right to terminate your access to the Site and/or your account (“collectively referred to as Access”) or remove such non-compliant information (if any) provided by you, or both.

By agreeing to these Terms Of Use, you hereby provide a formal mandate to Pbpay to represent you to the acquiring banks, card networks, NPCI and other relevant parties.

1. Description of Services

In the Site, Pbpay provides users with access to information primarily about payment related products and services (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. By making use of this Site, and furnishing your personal / contact details, you hereby agree that you are interested in availing the Service(s) that you have selected. You hereby agree that Pbpay may contact you either electronically or through phone, to understand your interest in the selected products and Service(s) (like Merchant Payments, Payment & Collection Methods, SI, renewals, reminders etc.) and to fulfill your demand. You also agree that Pbpay reserves the right to make your details available to its affiliates and partners and you may be contacted by the affiliates and partners for information through email, telephone and/or sms. You agree to receive promotional materials and/or special offers from Pbpay through email or sms.

2. License and Site

Pbpay grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Pbpay's sole discretion) an unreasonable or disproportionately large load on Pbpay's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Pbpay to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Pbpay. By using the Site you agree not to: (i) use this Site or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand; (iii) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of this Site (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or (vii) "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization.

3. Eligibility & Member Conduct

The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Pbpay for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their accounts to another party. If you do not qualify, you may not use the Service or the Site.

In order to access and use the Service you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorised to agree to the TOS and to access, use and avail of the Pbpay Service. If you do not qualify, please do not access or use the Pbpay Service

If you are not a Resident Indian, you may access, use and avail of the Pbpay Service only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the and service is based on the understanding and agreement that by accessing and using the website and service, you may be violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify Pbpay against any liability incurred by Pbpay in this regard.

Member conduct

As a condition of your use of the service, you warrant to Pbpay that you will not use the service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national and international laws nd regulations and are solely responsible for all acts or omissions

You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, RBI Master Direction - Know Your Customer (KYC), Information Technology Act, 2000 and the corresponding rules etc., that may be applicable to you in connection with use of our Service.

Pbpay has no obligation to monitor the Service or any member's use thereof or retain the content of any member session. However, Pbpay reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

4. Your Account

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction and will only use the Site to make legitimate purchases for you or for another person for whom you are legally authorized to act (and will inform such other persons about the ToU and/or Privacy Policy) that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Pbpay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pbpay has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Pbpay immediately of any unauthorized use of your account or any other breach of security. Pbpay reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Site and the Services we offer, at any time and for any reason, including, but not limited to, for violation of the ToU or Privacy Policy. Additional terms and conditions will apply to your purchase of Services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any service provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the service provider's rules and restrictions regarding use of products, and/or Services. You agree that any violation of any such service provider's rules and restrictions may result in cancellation of your purchase(s), in your being denied access to the applicable service(s), in your forfeiting any monies paid for such Services, and/or in our debiting your account for any costs we incur as a result of such violation.

5. Submitted Content

Pbpay does not claim ownership of any materials you make available through the Site. At Pbpay's sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Pbpay a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 4. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site.

f any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This ToU and the relationship between you and Pbpay will be governed by the laws of the India without regard to its conflict of law provisions. You and Pbpay agree to submit to the personal jurisdiction of the courts located in Gurgaon jurisdiction with respect to any legal proceedings that may arise in connection with this ToU. The failure of Pbpay to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Pbpay does not guarantee it will take action against all breaches of this ToU. Except as otherwise expressly provided in this ToU, there shall be no third-party beneficiaries to this ToU.

6. Limitation of Liability

You expressly understand and agree that Pbpay and its holding, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Pbpay has been advised of the possibility of such damages), resulting from use of the Site, content or any related services. If, despite the limitation above, Pbpay or its Affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Pbpay and/or Its Affiliates will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Pbpay in connection with such transaction(s) on this Site, or (b) Rupees One Hundred only (INR 100) The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Pbpay, Its affiliates, and/or their respective service providers.

7. Indemnity & Disclaimer

You agree to indemnify and hold Pbpay (and its officers, directors, agents, holding, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to your breach of this ToU, your violation of any law or the rights of a third party, or your use of the Site.

Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • Your use of the service is at your sole risk. The service is provided on an 'as is' and 'as available' basis. Pbpay and/or its respective suppliers expressly disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, merchantability, fitness for any particular purpose, non-infringement or completeness. Specifically, Pbpay disclaims any and all warranties including, but not limited to any warranties concerning the availability, accuracy, usefulness, correctness or completeness of information, and any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the TOS.
  • bpay does not warrant or makes any representations regarding the use or the results of the Service in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your access and use of the Service.
  • Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  • No advice or information, whether oral or written, obtained by you from Pbpay or through or from the service shall create any warranty not expressly stated in the TOS
  • Although Pbpay adopts security measures it considers appropriate for the offer of this Service, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorised access to the Service or any Member Accounts. Pbpay shall not be responsible or liable if any unauthorised person hacks into or gains access to the Service or to your accounts; and you shall be liable and responsible for the same.
  • This disclaimer of liability applies also to any injury or damage caused by any failure of performance, delay in processing or transmission, error, omission, interruption, deletion, defect, computer virus, communication line failure, unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.
  • Pbpay shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received, or not sent or not received, or any transactions entered into through the service. You specifically agree that Pbpay is not responsible for any content, data, information sent using and/or included in the Service by any third party.

8. Electronic Communication

When you use the Site / Mobile Application or send emails to Pbpay, you are communicating with Pbpay electronically. You consent to receive communications from Pbpay electronically (including your email ID and WhatsApp). Pbpay may communicate with you by email or by posting notices on the Site or by phone or usually available means of communication (including WhatsApp). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

General information

The section titles in this agreement are for only for convenience and do not affect the meaning of the relative clause. Pbpay may sub-contract and employ agents to carry out any of its obligations under this contract. Pbpay may transfer or assign its rights and obligations under this contract to any other entity. The Service would operate during timings specified by the Pbpay. Any Payment Instruction(s) received after the specified time on any day shall be deemed to have been received on the next Business Day. The Service is governed by the guidelines issued by the RBI from time to time. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

9. Site-Provided Email and Postings

The Site / Mobile Application may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Pbpay is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Pbpay may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree that you shall not to use any functionality provided by the Site to post content or initiate communications or host, display, upload, modify, publish, transmit, store, update or share any information that contain: (i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law for the time being in force or is defamatory, obscene, pornographic, paedopholic, invasive of another privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (ii) Advertisements or solicitations of any kind; (iii) Impersonate others or provide any kind of false information or belongs to another person and to which the user does not have any right; (iv) Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.; (v) Messages by non-spokesperson employees of Pbpay purporting to speak on behalf of Pbpay or containing confidential information or expressing opinions concerning Pbpay; (vi) Messages that offer unauthorized downloads of any copyrighted or private information or infringes any patent, trademark, copyright or other proprietary rights; (vii) Multiple messages placed within individual folders by the same user restating the same point; (viii) Chain letters of any kind; (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; (x) is harmful to child; (xi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (xii) impersonates another person; (xiii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; (xiv) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or (xv) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. This prohibition includes but is not limited to a) Using Pbpay to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) Using Pbpay to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.

10. Links

The Site or third parties may provide links to other World Wide Web sites or resources. Because Pbpay has no control over such sites and resources, you acknowledge and agree that Pbpay is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Pbpay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Site or resource.

11. Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

12. Modification and Notification of Changes

Pbpay reserves the right to make changes to the Site, related policies and agreements, this ToU and the Privacy Policy at any time. If Pbpay makes a material modification to this ToU, it may notify you by: (i) displaying a prominent announcement above the text of this ToU or the Privacy Policy, as appropriate, for thirty (30) days, being deemed sufficient notification, of such changes. After notice of a modification to the ToU or the Privacy Policy has been posted for 30 days, the notice will be removed. If you have not used the Site for more than 30 days, you should check the ToU and/or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOU or the Privacy Policy, you may do so by sending an email with the subject line "Termination" to the following email address: care@policybazaar.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new ToU or Privacy Policy, as relevant.

13. Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Site / Mobile Application are the property of Pbpay/its parent company and other associated parties and service providers. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Pbpay or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

14. Survival of Terms After Agreement Ends

Notwithstanding any other provisions of this ToU, or any general legal principles to the contrary, any provision of this ToU that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this ToU.

15. General

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This ToU and the relationship between you and Pbpay will be governed by the laws of the India without regard to its conflict of law provisions. You and Pbpay agree to submit to the personal jurisdiction of the courts located in Gurgaon jurisdiction with respect to any legal proceedings that may arise in connection with this ToU. The failure of Pbpay to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Pbpay does not guarantee it will take action against all breaches of this ToU. Except as otherwise expressly provided in this ToU, there shall be no third-party beneficiaries to this ToU. This ToU constitutes the entire agreement between you and Pbpay and governs your use of the Site / Mobile Application, superseding any prior agreements between you and Pbpay with respect to the Site.

This ToU constitutes the entire agreement between you and Pbpay and governs your use of the Site, superseding any prior agreements between you and Pbpay with respect to the Site.

Violations

Please report any violations of the TOS to our Grievance Officer at our grievance portal