terms

TERMS AND CONDITIONS

TERMS OF USE

Please read the following terms and conditions very carefully as your use of services and products on our website www.pays.net.in (“Website”) is subject to your acceptance of and compliance with such terms and conditions.

The term “PAYS” is used through this entire “Terms of Use” document to refer to the Website,the company “PAYS”, which owns and operates the Website, its officers, directors, partners,employees and representatives.Before using our Services (as defined below), you must read the Terms of Use set out herein. If you do not agree with any of these terms, you may not access or otherwise use this service or any information contained in the service. Your use of this service shall be deemed to be your agreement to abide by each of the terms set forth below.This document is published by virtue of a legal requirement under the provisions of the Information Technology Act, 2000 that require ‘intermediaries’ to publish the rules and regulations, privacy policy and terms for access or usage of our Website and is primarily governed by Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. We reserve the right to revise these terms at any time. Please re-visit the page “Terms of Use” on our Website to stay abreast of any changes that we may introduce. Your continued use of our services shall constitute your consent to such changes.

INTRODUCTION

What information do we collect?

PAYS only collects preliminary personal information of its subscribers that is required to identify them as users for its Service. We do not scrutinize the authenticity of such information or shortlist eligible and genuine users for this purpose. We ensure confidentiality of the information so collected, which is subject to our Privacy Policy. The Privacy Policy mentions how we collect and use such information to provision our Services to you. The policy will be updated from time to time and it is suggested that you take a note of the changes.

ELIGIBILITY

You must be at least 18 years of age to use the Service offered by us. If you are below 18 years of age, you are strictly prohibited from registering on our Website or doing any act, which leads us to believe that you are 18 years of age or above. By using the Service in any manner, you are agreeing to comply with the Terms of Use contained herein.

SUBSCRIPTION TO SERVICE

Application

In order to use our Service you must be a registered member of our Website. Your registration with PAYS is subject to our discretion and we reserve the right to call upon you for additional information, if required or reject your membership application. You may complete the registration process at https://www.pays.net.in or our Mobile app PAYS would require the following information from you in order to register you as a member or consumer

  • Full name;
  • Email address;
  • Gender;
  • Date of Birth;
  • Mobile number;
  • Bank details

We understand your concern about the privacy of your personal information.To know in detail about our practices in relation to securing confidentiality of your information, please read our “Privacy Policy” section on our Website. Any change in the personal information submitted by you should be intimated to us at contact@pays.net.in Since this application aims to gratify your purchases and loyalty towards the brands we would soon come up with provision to transfer the funds to your bank. We would need your KYC and bank details. This feature is Work in progress and you may receive a call or a form on the app to provide these details.

Protection of Login ID and Password

You will be responsible for safeguarding the password and account information for continued use of the Service.You agree to take sole responsibility for any activities or actions undertaken by using your account.In case of unauthorized access, you are expected to immediately notify PAYS in writing about the same. PAYS will make best efforts to block your account or the activity of the unauthorized user. You will also be given a new Login ID and password in the event your existing account is blocked/ discontinued by us. PAYS will not be liable in any manner for any loss or damage caused to you by result of unauthorized use of your account on our Website.

MOBILE APPLICATION

In order to enhance the overall experience of our members, PAYS has also developed a new mobile application for android and iOS by the name “PAYS” which is available for download free of cost. The mobile application is created to provide a similar experience and platform for its users. Consumers can recharge their mobile phones and others phones, they can pay their utility bills too in the near future.

SIMPLE PHONE

Users owning a simple phone, can do recharge only for their own numbers, They need to send an SMS to the specified number along with the unique code. The unique code would be verified by our servers and a recharge / gratification request would be sent to the service provider.If recharge is successful, you would receive the SMS, if unsuccessful due to restrictions by operator the amount would be included in your points and upon further redemption of points recharge would be attempted again.The ‘Terms of Use’ of this Website would be applicable to the users of the mobile application,website users, App users and web app users.In this regard, we request you to be cautious of bogus or fake mobile applications urging free or pre-paid download in the name of PAYS or name similar to PAYS.

INTERNET TRAFFIC

As a result of high internet traffic, transmission problems, system capacity limitations and other problems, you may at times, experience difficulty in accessing the Website or communicating with us through the internet or other electronic or wireless device. Any computer system or other electronic/mobile device used to access the Website can experience unanticipated outages or slowdowns, or have capacity limitations. PAYS does not guarantee continuous, uninterrupted or secure access to its Website.

WEBSITE CONTENT

PAYS does not guarantee that any content postings, messages, text, files, photos, comments, images, or any such material (“Content”) on our Website will be free from any bugs, viruses, Trojans or other harmful code or communications that may have contaminating or destructive elements. Any Content may be downloaded/ used by you solely at your own risk and discretion. PAYS shall not be liable for any harm whatsoever, caused to your computer system or loss of any data resulting from the download of such Content.It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website to satisfy your requirements as to the safety and reliability of the Content.

USER CONDUCT

You agree to be bound by the provisions of the ‘User Conduct’ set out below.In terms of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 you agree to not host, display, upload, modify, publish, transmit, update or share any information on

our Website that:

  • Belongs to another person and to which you do not have any right to;
  • ii. Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic,
    pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • Harms minors in any way;
  • Infringes any patent, trademark, copyright or other proprietary rights;
  • Violates any law for the time being in force;
  • Deceives or misleads the addressee about the origin of such messages or communicates
    any information which is grossly offensive or menacing in nature;
  • Impersonates another person;
  • 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.

Additionally you agree to abide by the following terms:

  • You cannot modify, adapt or attempt for an unlawful access of Service or build any other third party Service or website that falsely represents PAYS.
  • Verbal, physical, written or other abuse of any PAYS customer, employee, member, or officer may result in immediate account termination including legal action against you.
  • You will not gain unauthorized access to our Website or Service, or our computer systems or networks connected to our Website, through hacking, password mining or any other means.
  • You will not otherwise do anything that it is not expressly permitted by the terms of this “terms of use” document.

INTELLECTUAL PROPERTY

Intellectual Property shall mean any and all intellectual property or proprietary rights of PAYS including any and all rights over all its data, information, techniques, methodologies and Content, including all rights as applicable relating to any copyright (including rights in audiovisual works), trademarks (including logos,slogans, domain names, trade names and service marks), patents (including patent applications and disclosures), designs, proprietary computer programs and software, source code, object code, rights of priority and trade secret rights,recognized in any country or jurisdiction in the world.You are not permitted to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or inpart any Intellectual Property contained in our products, Services or Website or those obtained from PAYS profiles on social media pages including without limitation pages Facebook, Twitter, LinkedIn, YouTube, Google+, Pinterest, Tumblr, Word press, etc. or use such Intellectual Property in a searchable or machine readable database, except without the prior written approval of PAYS.

DISCLAIMERS

Website Content

You acknowledge that the information provided on our Website is compiled from sources, which are beyond the control of PAYS, although such information is recognized by us to be generally reliable.You acknowledge that there may be inaccuracies in such information and PAYS does not warrant the accuracy or suitability of such information. Changes are periodically added to the contents herein. PAYS and/or its respective suppliers may make improvements and/or changes in this website at any time. This website may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions.For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that information on PAYS is provided to you on an “AS IS, WITH ALL FAULTS”
basis.

No Advice

PAYS is not a product or service seller and the Content on Website should not be interpreted as a recommendation for any specific product or service, use or course of action. You should not act or rely on any Content without seeking advice of a qualified or experienced professional. If you may find any Content erroneous, undesirable or objectionable, you may write to us at info@pays.net.in

Links to Third Party Content

Our Website may contain features and functionalities that may link you to third party content and web domains, which is completely independent of PAYS. We may also include links to advertisements that you may find useful or interesting. We have not reviewed or evaluated these sites and we are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. Use of such links is purely your discretion and nothing contained on our Website shall be deemed to construe as recommendation or inducement to buy a particular product advertised on such links. The inclusion of any linked site does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by PAYS of any information contained in such websites and the content therein is merely an offer and not a recommendation to buy or sell any products or services.

No Warranty

PAYS expressly disclaims any and all warranties, whether express, oral, implied, statutory or otherwise, of any kind to the users and/or any third party, including any implied warranties of accuracy, timeliness, completeness, merchantability and fitness for a particular purpose and
warranties arising by virtue of custom of trade or course of dealing and any implied warranties of title or non-infringement.

Computer System/Mobile Application

PAYS disclaims any liability, damage, loss or harm which you may suffer,directly or indirectly,by virtue of harm caused to your computer, tablet, mobile or other communication device by download of any contaminated/destructive viral elements or any content accompanied by such download or claims made on PAYS for refund of charges paid in relation to downloading of any other mobile application (paid or unpaid) which appear to be similar to PAYS.

LIMITATION OF LIABILITY

You agree that PAYS (including its and their officers, directors, employees, affiliates, group

companies, agents and representatives) shall not in any event be liable to you for:

  • Any special, incidental or consequential damages arising out of the use or inability to use or delay in use of the PAYS Website or the related information for any purpose whatsoever.
  • Exercising its right to modify or discontinue any or all of the Contents, information, software, products, features and services published on this Website.

INDEMNITY

You agree to indemnify, hold harmless and defend PAYS and its directors, officers, employees and agents from and against any and all claims brought by any third party in relation to (i) your use of the Service, Website or any of the Content contained on the Website; and/or any (ii) breach of the terms of this Terms of Use or any other Website usage policy published on the Website or communicated to you by PAYS from time to time.

FORCE MAJEURE

PAYS shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone/internet interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. PAYS shall have no responsibility to provide you access to our Website whilst such unforeseen delays or interruptions continue.

DISPUTES, GOVERNING LAW AND JURISDICTION

PAYS shall not be a party to any dispute, which may arise between participants on our Website, or between its users and any third party in respect of any matter related to the Website. In the event of such a dispute arising, you hereby release PAYS, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of everykind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any manner related to such disputes and/or our Services.The terms of this “Terms of Use” document are exclusively based on and subject to the laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Chennai, Tamilnadu , India in the event of disputes arising out of or in relation to your use of PAYS. Use of PAYS is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

TERMINATION

All rights granted to you under the terms of this “Terms of Use” document would terminate immediately in the event that you breach any of such terms and conditions.

OTHER

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicablelaw including, but not limited to, the warranty disclaimers and liability limitations set forth above,then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PAYS with respect to PAYS Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PAYS.

Contacting Us

If you have any questions about this Privacy policy, the practices of this site, or your dealings with this site, please write back to info@pays.net.in we shall be happy to answer your queries.