THIS TERMS OF USE DOCUMENT (“TOS”) IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER (“YOU”/“YOUR”), AND MANIPAL BUSINESS SOLUTIONS PRIVATE LIMITED(“MBS”), THE OWNER OF ALL INTELLECTUAL PROPERTY RIGHTS IN THE MOBILE APPLICATION TITLED “SAHIPAY” AND WEBSITE LOCATED AT THE URL www.partner.sahibnk.com (THE APPLICATION AND THE WEBSITE ARE COLLECTIVELY REFERRED TO AS THE “PLATFORM”). THE TOS DESCRIBES THE TERMS ON WHICH MBS OFFERS ACCESS TO THE PLATFORM AND THE SERVICES (DEFINED BELOW) TO ALL END USERS BEING CONSUMERS.
PLEASE READ THE TOS CAREFULLY. YOUR ACCEPTANCE OF THIS TOS AND USE OF THE PLATFORM SHALL SIGNIFY YOUR ACCEPTANCE OF THE TOS AND THE PRIVACY POLICY AVAILABLE AT [www.partner.sahibnk.com] AS WELL AS YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. THIS USER AGREEMENT IS EFFECTIVE UPON ACCEPTANCE IN REGISTRATION FOR NEW REGISTERING USERS.
This is a legally binding agreement and an electronic record under the Information Technology Act, 2000 and the rules thereunder and the amended provisions pertaining to electronic records under various Indian statutes and is enforceable against you. MBS may modify the terms of the TOS at its sole discretion due to changes in applicable laws or for any other reason, with or without any notification to you. You will be deemed to have accepted the revised TOS if you continue to access the Platform after the modifications become effective. If you do not agree to the terms of this TOS, please do not access or use the Platform.
The following are the terms and conditions on which MBS agrees to permit you to access and use the Platform and the Services.
In order to access and use the Platform, You will be required to register yourself and maintain an SahiPay account (“Account”) which will require you to furnish to MBS, certain information and details, including your name, e-mail id, and any other information deemed necessary by MBS (“Account Information”). You agree to keep all information updated at all times.
You shall, at all times, ensure that the Account credentials are kept safe and shall, under no circumstances, whatsoever, allow the Account to be used by any unauthorized individuals. You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account. MBS and its affiliates / partners will not be liable for any harm caused by, or related to the theft of, Your ID, Your disclosure of Your Account Information, or Your authorization to allow another person to access and use the Service using Your Account. However, you may be liable to MBS and its affiliates / partners for the losses caused to them due to such unauthorized use.
Account Dos and Don’ts:
You agree to abide by the following dos and don’ts for registering and maintaining the security of Your Account.
A natural person aged 18 years or above
A natural person aged 18 years or above;
A citizen of India; and
Competent to enter into a valid and binding contract within the meaning of the Indian Contract Act, 1872 including any modification and/or amendment thereof
Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including, but not limited to, minors and un-discharged insolvents are not eligible to use the Platform. The Platform is not available to persons whose membership has been suspended or terminated by MBS. If you are registering as a business entity, you represent that you have the authority to bind the entity to this TOS. In accordance with the above, you hereby agree to comply with the terms, conditions, obligations, representations, and warranties set forth in this TOS.
You will not provide any false personal information to MBS
You shall ensure that the Account Information is complete, accurate and up-to-date at all times
You shall not use any other user’s Account Information or log into that user’s Account.
You will not share your password or do anything that might jeopardize the security of Your Account.
On completing the registration process, you shall be entitled to access the Platform and avail of the Services.
Your Account, ID, and password shall not be transferred or sold to another party.
You agree to immediately notify MBS of any unauthorized use of Your Account or any other breach of security known to you.
In order to ensure that MBS is able to provide high quality services, respond to customer needs, and comply with applicable law, you hereby consent to let MBS’s employees and agents access Your Account and records on a case-to-case basis to investigate and resolve complaints or other allegations or suspected abuse
You also grant MBS the right to disclose to its affiliates / partners / third parties Your Account Information to the extent necessary for the purpose of rendering the Services.
If you provide any information that is untrue, inaccurate, not current or incomplete or MBS has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the TOS, MBS has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Platform.
MBS hereby grants You a specific, non-exclusive, non-transferrable and limited license to access and use the Platform via the internet, and avail of all the services provided on the Platform (“Services”), including but not limited.
The Services are being provided to you via the Platform. Your access of the Platform signifies your consent to view / receive all such Services.
Banking Cards
UPI
Aadhaar Pay
AEPS
Card Transactions
Recharge
Bill Payments
Travel
Entertainment
Insurance
E-Government Services
E-Commerce
Mutual Funds
Domestic Money Transfer
The Platform is licensed and not sold to you. You hereby agree that all rights, title and interest in the Platform are owned by, or licensed to, MBS. Subject to your strict and full compliance with the TOS, MBS hereby grants you a revocable, non-exclusive, non-transferable, non-sub-licensable, limited license, to download, install and use the Platform, on a worldwide basis, for use only by you as part of your use of the Services, during the subsistence of this TOS.
You agree that MBS is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties.
Your interaction with any third party accessed through the Platform is at your own risk, and MBS will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties
MBS is not responsible for any non-performance or breach of any contract entered into with third Party. MBS shall not and is not required to mediate or resolve any dispute or disagreement between you and third Party.
You agree not to access or enable access to the Services by any unauthorized third-party Platform.
Except for the rights expressly stated herein, no other rights are granted to you with respect to the Platform or the Services, either by implication, estoppel, or otherwise. MBS reserves all rights not expressly granted herein.
You agree to use the Services solely for the purpose for which the Services are provided
You shall not sub-license or resell the Platform or the Services for the use or benefit of any other organization, entity, business or enterprise.
You agree not to submit or upload to the Platform, any material that is illegal, misleading, defamatory, indecent, obscene, threatening, infringing of any third-party proprietary rights, invasive of personal privacy or otherwise objectionable (collectively, “Objectionable Matter”). MBS reserves the right to adopt and amend rules for the permissible use of the Platform and the Services at any time, and you shall be required to comply with such rules. You shall also be required to comply with all applicable laws regarding privacy, data storage etc., or any other policy of MBS, as updated from time to time. MBS reserves the right to terminate this Agreement and Your access to the Platform, without notice, if you commit any breach of this Clause.
You shall be able to access the Platform through internet-enabled computer terminals and mobile phones empowered to host applications or browse the internet.
All user data whether uploaded or submitted by you to Your Account or obtained by MBS pursuant to its discharge of the Services, shall be your sole property. You retain all rights in your user data made available to MBS and utilized on the Platform and shall remain liable for the legality, reliability, integrity, accuracy and copyright permissions thereto of such data. MBS will use commercially reasonable security measures to protect your data against unauthorized disclosure or use. However, MBS does not guarantee data security. If your data is damaged or lost, MBS will use commercially reasonable means to recover such data. You agree that you are entering into this agreement in full knowledge of the same.
You will not use the Platform or the Service to (i) build a competitive product or service, (ii) make or have a product with similar ideas, features, functions or graphics of the Platform, (iii) copy any features, functions or graphics of the Platform /Services. You shall use the Services and the Platform strictly in accordance with the TOS and shall not: (i) decompile, disassemble, reverse engineer or attempt to derive the source code of or in any manner decrypt the Platform; (ii) make any modification, adaptation or improvement, enhancement, or derivative work from the Platform or incorporate any portion of the Platform into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service; (iii) violate any applicable laws or regulations in connection with your access or use of the Services and the Platform; (iv) remove or obscure any proprietary notice (including any notice of copyright or trademark) forming a part of the Platform; (v) use the Platform or Services for any revenue generation endeavor, or any other purpose for which it is not designed or intended; (vi) publish, copy, offer for sale or commercial rental, license or otherwise lend the Platform or the Services to third parties; (vii) use the Platform for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with the TOS; (viii) use the Platform for undertaking any hacking activities like breaching or attempt to breach the security of another user or attempt to gain unauthorized access to any other person’s computer; (ix) derive any confidential information, processes, data or algorithms from the Platform.
You also expressly agree not to engage in any use or activity that
may interrupt, destroy, alter, damage, delay, or limit the functionality or integrity of the Platform or Services including that of, any associated Platform, hardware, telecommunications or wireless equipment;
May manipulate identifiers, or numeric information to disguise the origin of any user, device, material or other information;
May interfere with the proper working of the Platform or prevent others from using the Platform; or
May delete the copyright and other proprietary rights notices on the Platform.
You agree that MBS shall have no liability for any claims, losses or damages arising out of, or in connection with, your unauthorized use of the Platform and/or the Services.
MBS is an intermediary as defined under the Information Technology Act, 2000. MBS does not monitor or control any data or content uploaded by you to the Platform. You agree not to use or encourage, or permit others to store, upload, modify, update or share any information that:
Belongs to another person and to which you do not have any right;
is grossly harmful, misleading, harassing, blasphemous defamatory, indecent, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, invasive of personal privacy or otherwise objectionable or any data / content that is contrary to any applicable local, national, and international laws and regulations;
Infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
Results in impersonation of any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
Is someone’s identification documents or sensitive financial information;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
Makes available any data / content in contravention of these TOS or applicable policies, or any data / content that You do not have a right to access, store, use or make available to third parties under any law or contractual or fiduciary relationship
MBS reserves the right to suspend or terminate your access to Your Account if you cause any disruption or harm to the Platform or to any third parties, or violate the provisions of the Information Technology Act, 2000, any applicable privacy laws or any of the applicable laws. You hereby consent to let MBS’s employees and agents access Your Account and records on a case-to-case basis to investigate complaints or other allegations or suspected abuse.
Nothing contained herein shall be construed or implied to grant any right or license to use any trademarks, trade names, service marks or logos, which are a part of the Platform or the Services, without the prior written consent of the owner of rights in such marks.
THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “WITH ALL FAULTS AND RISKS” BASIS, WITHOUT WARRANTIES OF ANY KIND. MBS DOES NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF THE PLATFORM OR THE SERVICES OR THE SAFETY/SECURITY OF THE DATA/CONTENT STORED BY YOU. MBS DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE PLATFORM OR ANY MATERIAL THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE.
MBS provides no warranty on the use of the Platform and the Services, and shall not be liable for the same under any laws applicable to intellectual property rights, libel, privacy, publicity, obscenity or other laws. MBS also disclaims all liability with respect to the misuse, loss, modification or unavailability of the Platform and the Services.
Our customers/partners and prospective partners are strongly advised to seek information/clarifications by contacting our business office directly and/or online through email at [email protected] before they enroll in any of our merchant program or services and communicate with any website other than www.partner.sahibnk.com.
MBS advise you to be guarded against any fraudulent activity being perpetuated by fraudsters who aim to deceive and defraud our customers/partners by unauthorized use of Company name and trademarks on their websites and emails. This type of fraud may be via email, letters, text messages, facsimile, acting as Company employee or by using a website purporting to be that of Manipal Business Solutions Private Limited.
MBS hereby disclaims all such transactions/correspondence and always warns its customers/partners and the general public to disregard such fraudsters and to exercise extreme caution. Any information which is provided by the Company like login password, transaction password, OTP or any other information is always highly confidential and do not share with anyone. MBS never ask any confidential information and sharing any such information is done at your own risk. MBS will have NO LIABILITY whatsoever for any and all losses/damages suffered by anyone who falls victim to such scams/letters from fraudsters
You expressly agree that use of the SahiPay Services on the SahiPay Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the site or on the Internet generally.
YOU ASSUME THE ENTIRE RISK OF USING THE PLATFORM AND THE SERVICES. IN NO EVENT SHALL MBS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS THE PLATFORM OR THE SERVICES OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE PLATFORM, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT MBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE SOFTWARE OR THE SERVICES. FURTHER, MBS SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OF THE SERVICES BY MBS, DATA LOSS OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
MBS’S AGGREGATE LIABILITY, IF ANY, (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS AFFILIATES SHALL BE LIMITED TO AMOUNT OF FEES, IF ANY, PAID BY YOU TO MBS. DAMAGES, IN THE NATURE, AND TO THE AMOUNT, PROVIDED IN THIS CLAUSE, IS THE ONLY RECOURSE THAT YOU MAY HAVE AGAINST MBS FOR BREACH BY MBS OF ANY OF ITS RIGHTS OR OBLIGATIONS HEREUNDER.
The Platform may provide links to other third-party websites. However since MBS has no control over such third party websites, You acknowledge and agree that MBS is not responsible for the availability of such third party websites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third party websites. You further acknowledge and agree that MBS 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 third party websites.
MBS, its affiliates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Site will be error free and/or uninterrupted.
MBS, its affiliates and technology partners shall not be liable for any direct or indirect damages caused to You or to any third parties due to information provided by You pursuant to this TOS being untrue, inaccurate, not current or incomplete, or not in accordance with the TOS.
MBS reserves the right to terminate Your Account or restrict or prohibit You access to the Platform immediately (a) if MBS is unable to verify or authenticate Your registration data, email address or other information provided by You, (b) if MBS believes that Your actions may cause legal liability for You or for MBS, or all or some of MBS’s other users, or (c) if MBS believes You have provided false or misleading registration data or other information, have not updated Your Account Information, have interfered with other users or the administration of the Services, or have violated this TOS or the Privacy Policy.
In addition to the above, if you have not logged into Your Account for a continuous period of one year(s), MBS shall have the option of terminating Your Account.
Upon termination of this TOS, your right to access the Platform and use the Services shall immediately cease. Thereafter, you shall have no right, and MBS shall have no obligation thereafter, to execute any of the uncompleted tasks.
Once the Services are terminated or suspended, any data that you may have stored on the Platform, may not be retrieved later. MBS shall be under no obligation to return the information or data to you.
MBS may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with MBS or use the Platform in any manner whatsoever until such time that such User is reinstated by MBS. Notwithstanding the foregoing, if you breach the TOS or the documents it incorporates by reference, MBS reserves the right to recover any damages and amounts due and owing by You to MBS and to take strict legal action including but not limited to a referral to the Cyber Crime Division /initiating criminal proceedings against you.
Indemnity. You agree to indemnify and hold MBS (and its officers, directors, agents 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 TOS or the documents it incorporates by reference, Your violation of any law or the rights of a third party, or Your use of the Platform.
Grievance Officer. In case of any grievances with the working of the Platform, you may inform the Grievance Officer of the grievances or any violation of the TOS.
Governing Law.This TOS is governed and construed in accordance with the laws of India. The courts in Gurugram alone shall have exclusive jurisdiction to hear disputes arising out of the TOS.
Force Majeure. MBS shall be under no liability whatsoever in case of occurrence of a Force Majeure event, including in case of non-availability of any portion of the Platform and/or Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure, technology outages, failure of technology integration of partners or any other cause whatsoever, beyond the control of MBS. Further, in case of a force majeure event, MBS shall not be liable for any breach of security or loss of data uploaded by you to the Platform.
Waiver. Any failure by MBS to enforce the TOS, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.
Severability. If any of the provisions of this TOS are deemed invalid, void, or for any reason unenforceable, that part of the TOS will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the TOS.
Electronic Communications. When you visit the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Platform. 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.
Entire Agreement. The TOS as amended from time to time, along with the Privacy Policy and other related policies made available from time to time, constitutes the entire agreement and supersedes all prior understandings between the parties relating to the subject matter herein.
For any queries regarding TOS, you may please contact [email protected]
