These Terms and Conditions govern your use of the application and website www.Payism.com (“Application”) provided
by Payism limited (“Company”). Any service rendered to you through the Application by the Company including but not limited to information (including Personal Information) about
/related to a user, his/her location/address/Payism Code and/or services, terms and conditions, transactions that may be implemented through the Application, and all other
services in relation there to (“Service(s)”) shall be subject to and you are deemed to have accepted these terms and conditions (“Terms and Conditions”). The Terms and Conditions
of the Application. By using the Application, you agree to be bound by and comply with the terms and conditions of the User Agreement, including specifically the Terms and Conditions
contained herein. If you are not agreeable to any of the terms and conditions of the User Agreement, please do not use or view the Application.
“Your Information” is defined as any
information you provide to the Company through the Application, any email, telephone call, chat feature, post, blog, etc., your social media accounts, location(s) and any other
information which is related to you.
When you use / access the Application or send e-mails to the Company
(referred to as “we”, “us” or “our''), you are communicating with us electronically. You consent to receive communications from us electronically.
We will communicate with you by email, through messaging platforms (including built-in messaging features on the Application), SMS, through notifications on the
Application and/or by posting notices on the Application. You agree that all agreements, messages, SMSs, notifications, notices, disclosures, and other communications
that we provide to you electronically satisfy any legal requirement that such communications be in writing. If the Company is desirous of sending a communication by e-mail,
it shall send it to your email address available on its records and it shall be deemed to have been received by you once it is reflected as sent in the outbox of the Company’s
You agree and confirm that:
● You will access the Application, for lawful purposes only and comply with the User Agreement, all applicable
laws and regulations while using the Application and transacting on the Application. You further agree that in the event that you are required to be of a minimum age to
access the Application or a certain section of the Application, the liability shall be on you to show that you were of that minimum age at the time you accessed the Application
or such section of the Application, as the case may be. You shall indemnify the Company for any and all claims, losses, costs, etc. for any breach of this paragraph.
● The Company reserves the right to confirm and validate the information and other details provided by you including Your Information at any point of time. If upon confirmation,
your details are found not to be true (wholly or partly), the Company has the right in its sole discretion to debar you from using the Application without prior intimation whatsoever.
● That you are accessing the Application and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through the Application.
● That the Company, basis the information provided by you, is providing location sharing services only as an intermediary between other users/business partners and you and shall not be liable for any of the services availed by you from any of our business partners. Should you have any concerns with a service, you shall contact the relevant business partner.
● That you shall read and agree to the terms and conditions of the relevant business partner (if any) prior to obtaining any services from such business Partner.
● That the Company may call you or send you SMSs and such communication shall not be deemed to be “unsolicited commercial communication” as per the guidelines of the Telecom Regulation Authority of India (TRAI).
● That you are a natural person and are not a legal entity or other form of body.
You shall not use the Application for any of the following purposes:
● Gaining unauthorized access to other computer systems.
● Interfering with any other person’s use or enjoyment of the Application.
● Breaching any applicable laws.
● Interfering or disrupting networks or websites connected to the Application.
● Reproducing or distributing Content, accessing Content for unlawful use and/or selling the acquired Content. “Content” shall mean any data acquired from the Application, whether directly or through a link including intellectual property, whether protected under copyright, trademark or not, available and accessible on the Application, and includes the Services displayed on the Application.
● Making, transmitting, or storing electronic copies of materials protected by copyright without the prior written permission of the Company.
● Taking screenshots or photographs of/from the Application.
● Copying any materials / content available on the Application.
● Disseminating and/or uploading any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
● Transmitting material that encourages conduct that constitutes a criminal offence; results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice.
Modification of the User Agreement
The Company may at any time modify the terms and conditions of the User Agreement without any prior notification to you.
The Company shall notify you through the Application or by way of an e- mail upon the terms and conditions of the User Agreement being modified. You can access the latest version
of the User Agreement at any given time on the Application. You should regularly review the terms and conditions of the User Agreement on the Application. In the event the modified terms
and conditions of the User Agreement are not acceptable to you, you should discontinue using, viewing and/or accessing the Application or any of its Service(s). However, if you continue to use
, view or access the Application or any of its Service(s), you shall be deemed to have agreed to accept and abide by the modified terms and conditions of the User Agreement.
Governing Law and Jurisdiction
The User Agreement shall be construed in accordance with the applicable laws of India. Subject to the arbitration provision below, the Courts at Hyderabad, India shall have sole and exclusive jurisdiction in any proceedings arising out of the User Agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of the User Agreement, or in relation to the Application, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The number of arbitrators shall be three (3): one each nominated by you and the Company and the third arbitrator chosen by the two (2) arbitrators so nominated. The above arbitration shall be conducted in English and the arbitration shall be held in Hyderabad, India.
Copyright & Trademark
You agree and confirm that:
● Unless otherwise expressly stated, copyright, database right and all other proprietary rights, title and interest in all material presented on the Application (including but not limited to the Content, graphical images, text, video clips, reprographics, sounds, demos, patches and other files) (“IP”) is owned by or licensed to the Company and is protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights.
● You shall not display, print, or download extracts from the Application, whether for your personal or non-personal use, and you shall not commercialize any IP in any way.
● You shall not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the Application.
● Unless with the Company’s prior written permission, no part of the Application shall be reproduced or transmitted to or stored in any other Application or medium, nor shall any of its pages or part thereof be disseminated in any electronic or non electronic form.
● Nothing on the Application or your use of the Service(s) shall be construed as conferring on you or any party, any license or other rights under the intellectual property or other proprietary rights of the Company, or any third party, whether implied or otherwise.
● The Company bears no responsibility for claims relating to infringement of any intellectual property rights in relation to the Services and/or their content.
● References on the Application to any names, marks, products or services of third parties or hypertext links to third party sites, applications or information are provided solely
as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, information, product or service. The Company
is not responsible for the content of any third-party sites / applications and does not make any representations regarding the content or accuracy of material on such sites / applications. If you decide to link to any such third-party sites / applications, you do so entirely at your own risk.
You agree to use the Application at your sole risk and that to the fullest extent permitted under applicable law, the Company shall have no liability to you for any content or any physical
act that may be deemed offensive, indecent, or objectionable to you.
By accessing the Application, you agree to defend, indemnify and hold harmless the Company, its employees, directors, officers,
agents and successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims
based upon your actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or
undertakings or in relation to the non-fulfillment of any of your obligations under the User Agreement or arising out of your violation of any applicable laws, regulations including but
not limited to infringement of intellectual property or other rights. This clause shall survive the expiry of the User Agreement.
Limitation of Liability and Disclaimers
The Application is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use / access of the Application or any of its Service(s). While the Company tries to ensure that Service(s) included on the Application are correct, reputable and of high quality, it cannot accept responsibility if this is not the case. The Company shall not be responsible in any manner whatsoever for any damage, errors, or omissions or for the results obtained from the use of such Service(s) or for any technical problems you may experience with the Application. The Company shall not be liable in any form or manner whatsoever for the Service(s) or for the quality, fitness, or performance of the Service(s). Further, you agree that all the information displayed on the Application are provided by the relevant users and you acknowledge and agree that the Company shall not be held liable for any incorrect, misleading, incomplete, deficient and/or fraudulent information. This disclaimer constitutes an essential part of the User Agreement.
To the fullest extent permitted under applicable law, the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenue, profits, goodwill, use, data or other intangible losses arising out of or in connection with the Application, the Service(s), the use of the Service(s) or the User Agreement. Without prejudice to the generality of the foregoing, the total liability of the Company to you for all liabilities arising out of the User Agreement be it in tort or contract is limited to Rs. 1,000/- (Rupees One Thousand Only).
You are prohibited from violating or attempting to violate the security of the Application, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with Service(s) to any other user, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Application or any activity being conducted on the Application. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Application other than the search engine and search agents available from the Company on the Application and other than generally available third party play stores (e.g. Google Play store). You further agree not to link this Application to any other website or application in any manner whatsoever without first obtaining the permission of the Company in writing.
Change in services provided by the Application or Cessation of the Application
● You acknowledge and agree that the Company has the right to:
change any or all of the Service(s) and/or features available on the Application; and/or
● cease providing you with the access/use of the Application or any of its Service(s)
at any point of time without providing you with any notice of the same.Entire Agreement
If any part of the User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, the User Agreement constitutes the entire agreement between you and the Company with respect to your use / access of the Application and its Service(s), and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Application. The Company’s failure 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.
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