Terms and Conditions
For Engagement. Utilization. Participation.

INTRODUCTION TO TERMS & CONDITIONS

This document serves as an electronic record in accordance with the Information Technology Act, 2000, and the relevant rules applicable therein, as well as any amendments related to electronic records within various statutes as amended by the Information Technology Act, 2000. Please note that this electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is made available in compliance with the provisions outlined in Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. These regulations mandate the publication of rules, regulations, privacy policies, and Terms of Use for accessing or using the PayMama website.

This webpage constitutes a legally binding document, serving as our Terms of Use, and it establishes the legal terms governing our website, www.thepaymama.com, its sub-domains, and all related web-based and (collectively referred to as the "Website"). These digital properties are owned and operated by PayMama.

INTRODUCTION

Paymama maintains this website ("the Site") for the purpose of providing you with personal information, education, and communication. While we encourage you to explore the website, we kindly request that you carefully review the following terms and conditions. This website incorporates numerous valuable trademarks, names, titles, logos, images, designs, copyrights, and other proprietary materials owned and registered by PayMama and used by the company.

Before using www.thepaymama.com or the PayMama (hereinafter referred to as the "Website"), please take a moment to read and understand these Website Terms and Conditions thoroughly. Your access to and use of the Website is contingent upon your agreement with the terms and conditions outlined below. If you do not consent to all the terms of use, we urge you not to access or use the Website and kindly exit the platform immediately. By accessing or using the Website, you (referred to as "you" or "your") and the entity you are authorized to represent signify your consent to be legally bound by these terms and conditions. These terms and conditions apply to all Website users, including but not limited to Members. We recommend thoroughly reviewing these terms and conditions pertaining to your legal rights.

USER ELIGIBILITY

paymama administers the Website is exclusively intended for use by individuals and entities who have reached the age of legal majority and possess the capacity to enter into a legally binding agreement(s) in accordance with applicable laws. You are not authorized to utilize the Website if you do not meet these qualifying criteria.

ACCEPTANCE OF TERMS

Your acceptance and commitment to adhere to these terms and conditions are considered to be in effect from your initial use of the Website. By utilizing the Website and consenting to these terms and conditions, you acknowledge that your access and usage of the Website and its Services are exclusively governed by these terms and conditions unless explicitly stated otherwise. You must refrain from using the Website for any purposes that contravene the law or violate the provisions established in these terms and conditions. Your utilization of the Website indicates your full acceptance of the terms, conditions, and disclaimers contained within this document.

If you agree to these terms and conditions while representing your employer or functioning as an employee, you affirm that you possess the requisite authorization to enter into legally binding agreements on behalf of your employer. Furthermore, you confirm that your employer consents to be bound by these terms and conditions.

The Website and the accompanying Tools and Services are exclusively intended for use within the jurisdictions falling under the Territory of India. The Company does not assert that any of the Tools or Services available on the Website are suitable or accessible for use beyond the borders of India. Accessing the Website and utilizing the Tools and Services from locations outside India is considered illegal. The Company retains the prerogative to restrict the availability of the Website, the tools, or the Services to any individual, geographical region, or jurisdiction at our discretion and at any time.

MODIFICATION OF THESE TERMS OF USE

Our Website retains the prerogative to modify any of the terms, conditions, and notifications governing the provision of "The Service." You are responsible for reviewing these terms of use, including any changes or modifications we may implement periodically. Your ongoing utilization of 'The Service' signifies your acceptance of all such terms, conditions, and notifications.

REGISTRATION DATA AND ACCOUNT SECURITY

Need for registration: When registering on our website, it is imperative that you furnish us with precise and comprehensive information. This should encompass your complete name, firm or company name, full address, mobile number, email address, PAN number, Aadhar number, and GST number. Your cooperation in providing these essential details is greatly valued, enabling us to offer you an efficient and seamless experience on the PayMama platform.

YOUR OBLIGATIONS

1. By accessing and utilizing the PayMama website , you hereby affirm, guarantee, and commit to the following: (a) You pledge to furnish true, accurate, up-to-date, and complete information about yourself, as may be requested through registration forms or templates on the PayMama platform or otherwise provided by the company (b) You ensure that your user account is not shared or accessed by anyone other than yourself. (c) You agree not to register or log in on behalf of anyone other than yourself nor to permit any other individual to register or login under your user account. (d) You commit not to use another user's account. (e) You will maintain the security of your password, user ID, and any other access methods provided to you as a user. (f) You will promptly update your registration data and any other information you provide to us to ensure its accuracy, currency, and completeness. (g) You acknowledge full responsibility for any and all use of your account and for any activities conducted using any password, user ID, or other access methods granted to you, regardless of whether such use is authorized by you. (h) You agree not to attempt to access password-protected sections of the PayMama website without an authorized access method or by any means other than using your authorized access method on the appropriate PayMama platform page.

2. Declaration of Non-Requirement for Registration under the Central/State/Union Territory/Integrated Goods and Services Tax Act, 2017:

In accordance with the Goods and Services Tax Act of 2017, if you are not obligated to obtain registration under the Act, we kindly request you to make the following declaration:

"I hereby confirm that, as per the provisions of the Goods and Services Tax Act, 2017, I am not required to register under the Act due to my turnover falling below the taxable limit specified by the Goods and Services Tax Act, 2017.

I also commit to promptly provide all necessary information and documents if, during any financial year, we find it necessary or mandatory to register under GST.

I am fully aware that providing false information in this declaration may subject me to legal and penal consequences, for which I assume sole responsibility.

Please consider this Electronic Acceptance as our declaration of non-obligation for registration under the Goods and Service Tax Act, 2017".

If you are a registered dealer, please ensure to update your KYC details with the Accounts Department. For any inquiries or assistance, please contact us at 83749 13154.

3. Privacy: Please be aware that any information you furnish or that we collect during your registration is subject to the company's privacy policy. We retain the prerogative, in accordance with the PayMama Privacy Policy, to divulge information pertaining to our Users, including registration data, for the following purposes: (a) to comply with applicable laws, regulations, legal processes, subpoenas, or governmental requests; (b) to uphold the Terms and Conditions; and/or (c) to safeguard the rights, assets, or well-being of the company, its Third Party Providers, Subscribed Members, other subscribed members, Users, and the general public.

OUR WEB PORTAL – RATES, SERVICES AND TARIFF

In conjunction with any other terms and conditions that pertain to the specific transaction, as outlined in these terms of use and the Service Agreement(s), it is imperative to consider the following:

Your utilization of services related to the company's web portal s is subject to the prevailing rates and service terms specified in our Web Portal Rates, which are applicable to your particular service requirements. Furthermore, any applicable Tariff, to the extent it pertains to your usage, shall also apply and govern your engagement with the company's web portal services. These terms and conditions collectively dictate the terms of your service provision at the time of your engagement with our platform.

RULES ABOUT USE OF THE SERVICE AND THE WEBSITE

1. We are committed to promptly addressing and rectifying errors or omissions upon notification. Nevertheless, it's important to note that we cannot assure a fault-free experience with PayMama's services or the Website, and we cannot be held responsible for any such faults, errors, or omissions. Should you come across any such issue, we kindly request you to report it by reaching out to our Customer Care team at 8374913154.

2. While we strive to provide uninterrupted access to the Services and the Website, we do not guarantee uninterrupted usage. Please be aware that despite our efforts to maintain continuous access, there may be instances where access to the Services and the Website is temporarily suspended, restricted, or terminated.

3. We do not provide any assurance that the services and the Website are immune to viruses or any other potentially detrimental elements that may impact technology.

4. The Merchant hereby affirms its commitment to refrain from engaging in or facilitating any form of cash collection or settlement, whether through any officer, employee, or agent of PayMama. The Merchant further agrees to indemnify and absolve PayMama from any losses arising in connection with such cash transactions or collections. It is incumbent upon the Merchant to ensure that their account with the Company is adequately pre-loaded with their own funds to avail of the services.

5. We retain the authority to make changes, modifications, substitutions, suspensions, or removals of information or services on PayMama's PayMama Website without prior notice. Periodically, access to the Website and/or its services may be temporarily restricted to facilitate repairs, maintenance, or the introduction of new features or services. We will make reasonable efforts to reinstate such access promptly.

For clarity, please be aware that we maintain the right to withdraw any information or services from the PayMama Website at any given time.

6. We retain the authority to restrict access to, and/or modify or delete any content that, in our considered judgment, could potentially violate these Terms and Conditions of Use.

7. The custody of all data and information collected from third parties shall be transferred to the respective channel partner from the outset. Under the terms and conditions stipulated in this Agreement, PayMama's PayMama website hereby extends a limited, revocable, non-transferable, and non-exclusive license for your access and use of the website. Please be aware that any breach of this Agreement will lead to the immediate revocation of the license we granted, and this action will be taken without prior notice.

8. You are prohibited from engaging in any commercial utilization of the information presented on the Website or using the Website for the advantage of another business unless we have granted prior explicit permission.

USE OF SITE

Subject to the terms and conditions outlined in this Agreement, the PayMama website provided by PayMama extend you a limited, revocable, non-transferable, and non-exclusive license for accessing and utilizing the platform. Please be aware that any violation of this Agreement will result in the immediate revocation of the license specified in this paragraph, and this action will be taken without prior notice.

With the exception of the permissions granted above, you are not authorized to reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or exploit this website or any of its components unless explicitly permitted in writing by the website. Commercial use of the information provided on the website, or using the website for the benefit of another business, is not allowed unless expressly permitted by PayMama in advance.

Furthermore, PayMama reserves the right to refuse service and exercise discretion in terminating accounts, especially if we believe that customer conduct is in violation of applicable laws or detrimental to our interests, or if customer data hosted on our servers is found to be in violation of the law.

You are prohibited from uploading, distributing, or otherwise disseminating any Content, information, or other materials through this Website that –

1. infringes upon or violates the copyrights, patents, trademarks, service marks, trade secrets, or any other proprietary rights of any individual or entity;

2. contains content that is defamatory, threatening, libelous, obscene, indecent, pornographic, or has the potential to result in civil or criminal liabilities under Indian law; or

3. contains any bugs, viruses, worms, trap doors, Trojan horses, or any other harmful code or elements; or

4. engages in criminal or tortuous activities, encompassing but not limited to activities such as pornography, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, transmission of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; or

5. Utilizing any information acquired from the website with the intent to harass, abuse, or inflict harm upon another individual;

IT ACT, 2000 COMPLIANCE

In accordance with Rule 3 of the Regulations established under the IT Act, 2000, as per the authority granted by clause (zg) of sub-section (2) of section 87, in conjunction with sub-section (2) of section 79:

Users of computer resources are prohibited from hosting, displaying, uploading, altering, publishing, transmitting, updating, or disseminating any information that —

1. infringes upon the rights of another person and is not rightfully owned by the user;

2. contains content that is severely detrimental, harassing, sacrilegious, slanderous, explicit, pornographic, related to child exploitation, invasive of someone's privacy, hostile, racially or ethnically offensive, derogatory, linked to illegal activities such as money laundering or gambling, or is otherwise in violation of the law in any way.

3. cause harm to individuals under the legal age in any manner;

4. violates patents, trademarks, copyrights, or any other proprietary rights;

5. breaches any currently applicable laws;

6. misrepresents or misguides the recipient regarding the source of such messages or conveys any information that is highly offensive or threatening in nature;

7. assume the identity of someone else;

8. includes software viruses or any other code, files, or programs intended to disrupt, damage, or restrict the operation of any computer resource;

9. Poses a threat to the unity, integrity, defense, security, or sovereignty of India, jeopardizes friendly relations with foreign states, endangers public order, incites the commission of a punishable offense, obstructs the investigation of any crime, or exhibits disrespect towards any other nation.

TECHNICAL PROCESSING

Considering the worldwide reach of the internet, the User acknowledges and consents to the fact that technical procedures for communication tools may be necessary to transmit and receive messages, comply with the technical specifications of connecting networks, adhere to the constraints of The Service, or meet other similar technical prerequisites.

DATA PROTECTION

Our Website holds no responsibility for any corruption, misinformation, or loss of data submitted by you pertaining to credit cards, debit cards, or any other electronic payment details, e-wallets, and similar information. User-provided personal information while using the website is regulated by our privacy policy. Registration Information and certain other data concerning you are also governed by our Privacy Policy.

PRIVACY POLICY

Our Privacy Policy additionally regulates the utilization of the website Services.

DISCLAIMER

The information, products, and services offered on this website are provided "as is" and without any warranty, either express or implied. PayMama disclaims all express and implied warranties concerning the information, products, and services available through this website, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PayMama does not make any representations regarding any other websites that you may access through this website or that may link to this website.

LIMITATION OF LIABILITY

The features and services offered on the website are provided "as is" and "as available." PayMama's platform explicitly disclaims all warranties, whether express or implied, including, but not limited to, warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. This disclaimer extends to all warranties, representations, conditions, commitments, and terms, and they are hereby excluded.

Our Website cannot be held responsible for any issues or technical malfunctions related to telephone networks or lines, computer online systems, servers or providers, computer equipment, software, email failures due to technical problems, or Internet traffic congestion, whether on the website or within the suite of PayMama services provided by PayMama, or any combination thereof.

Our Website assumes no responsibility for errors, omissions, interruptions, losses, deletions, defects, theft, unauthorized access, alterations, or any illegal transactions associated with any content you upload to the platform. It's important to note that our Website acts as an intermediary and holds no liability for any unlawful transactions, regardless of the reason or purpose.

While Our Website endeavors to provide accurate and current information, we do not assume responsibility for any incorrect or inaccurate content uploaded on the platform or associated with our services. This includes inaccuracies caused by users of our services or any equipment or programming utilized to provide our services.

All conditions, terms, representations, and warranties about the services provided by the Website under this Agreement, whether imposed by statute, operation of law, or otherwise, and not expressly articulated in these terms and conditions, including, but not limited to, the implied warranty of satisfactory quality and fitness for a particular purpose, are hereby excluded to the extent permitted by Indian laws.

Our overall aggregate liability to you, whether arising from contract, tort, negligence, or any other cause related to the provision of the Website Services, shall be capped at the charges you have paid for the specific services at the center of such a claim.

Under no circumstances shall the Website be held liable for any delay, failure, or disruption of content or services provided through the platform, whether directly or indirectly, caused by factors beyond its reasonable control. These factors include but are not limited to, acts of nature, natural calamities, forces or causes beyond our control, such as Internet failures, equipment malfunctions (including computer and telecommunications), power outages, labor disputes, shortages of labor or materials, fires, floods, storms, explosions, Acts of God, war, governmental actions, orders from domestic or foreign courts or tribunals, civil disturbances, riots, insurrections, or the non-performance of third parties.

The Website shall not assume liability for any special, direct, indirect, punitive, incidental, or consequential damages, or any other damages whatsoever (including, but not limited to, damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability, or any other legal theory, arising from any of the following:

The utilization or the incapacity to utilize the website;

Any imperfections in products, samples, data, information, or services acquired from a User(s) or a third-party service provider via the website;

Violation of Third-Party Rights or assertions and demands that the User(s) manufacturing, importing, distributing, offering, displaying, purchasing, selling, and/or using products or services presented or exhibited on the website could potentially violate Third-Party Rights; or claims made by any party asserting their entitlement to defense or indemnification concerning allegations of rights, demands, or claims made by Third-Party Rights claimants;

Unauthorized access by third parties to the data or private information of any User(s);

Statements or behavior of any User(s) on the website; or

Any matters concerning Premium Services, regardless of the circumstances, including negligence cases.

WEBSITES' SERVICES

Upon completing the registration process on this Website/Application, the User will gain eligibility to access and utilize Financial Services offered on the platform. These services are provided by various financial institutions, including but not limited to non-banking financial companies, banks, and other authorized payment systems offering Financial Services in accordance with Applicable Laws ("Financial Service Provider").

The User acknowledges and comprehends that the Company does not act as the Financial Services provider. Consequently, the User acknowledges and consents that the Company does not provide any warranty, endorsement, guarantee, or assume responsibility for any product or service promoted or offered by a third party, including the Financial Services offered by the Financial Service Providers utilizing the Company's Services or Platform, or any hyperlinked website or service.

The User hereby acknowledges and comprehends that, in addition to these Terms of Use, the Financial Service Providers and other Service Providers may have their distinct terms and conditions governing the utilization of Financial and other Services. Consequently, the User understands and acknowledges that agreeing to such separate terms and conditions may be necessary to access specific Financial Services and conduct Transactions.

CANCELLATION AND REFUND

If you cancel a bus ticket for any reason, please note that the Website is not responsible for refunding your payment.

In the event of any unforeseen circumstances leading to the cancellation of a bus or flight ticket, the facilities provided by the ticketing company will be extended to you. It's important to note that the Website has no control over the actions or decisions of the airline company when it comes to ticket cancellations.

In the event of a ticket booking cancellation for any transaction, the Retailer/Master Distributor acknowledges and agrees that PayMama may retain the cancellation amount in a Reserve from the Retailer/paymama's wallet or their settlement amount. We reserve the right to deduct the cancellation amount and any associated fees and fines from the Settlement Amount and/or Reserve.

The refund amount will be credited to your wallet, and you are required to utilize it within one year from the date of issuance.

TERMS OF AGREEMENT FOR ONLINE PAYMENTS

1.Definitions and Interpretation:

a. "Facility provider" refers to the Internet Payment Gateway provider with which PayMama has an arrangement for enabling online payments through their respective payment gateway.

b. "Merchant" refers to the User/Retailer/Distributor/Super Distributor making payments to the company to access the Services.

1.1. Subject to the terms and conditions of this Agreement, PayMama will provide the Services to the Merchant as specified.

1.2. This Agreement will commence on the Activation Date and shall remain in force unless terminated in accordance with the "Terms."

paymama reserves the right to modify/update the terms of service, including PayMama's fees and settlement timelines, for customers opting for any additional services beyond those outlined in this Agreement, without requiring prior approval from such customers.

Upon signing this agreement, the Merchant agrees to utilize the payment gateway services provided by PayMama for wallet loading to facilitate digital financial services offered on the platform. The Merchant may use a Credit Card, Debit Card, Net Banking, or UPI to perform wallet loading. The Merchant further acknowledges and takes full responsibility for verifying the cardholder's identity and details before processing wallet-loading transactions. Additionally, the Merchant agrees to address and resolve any disputes that may arise during this process.

2. UNDERTAKINGS OF MERCHANT

Regarding the utilization of the payment gateway facility, the Merchant agrees:

2.1. Not to employ the Facility in any way that violates any law or regulation, engages in fraudulent activities, or could potentially lead to investigations, prosecutions, or legal actions against the Payment Gateway Service Provider or PayMama.

2.2. To utilize information pertaining to a Cardholder, including their name, address, email address, telephone numbers, and data related to bank accounts or financial instruments, provided to the Merchant by consumer software designed for accessing the Facility solely for the purpose of fulfilling the Transactions for which it was provided. The Merchant agrees not to distribute or sell such information to third parties unless they have an independent source of such information or have obtained explicit consent from the Cardholder.

2.3. Compliance with Legal Requirements and Guidelines: The Merchant is required to consistently adhere to applicable laws, rules, and regulations that are relevant to its utilization of the Facility. If the Merchant's use of the Facility leads to or has the potential to impose additional liabilities on PayMama, such use will be considered a breach of this Agreement. In such instances, PayMama reserves the right to revoke the Facility and terminate the agreement.

2.4. The Merchant hereby affirms that PayMama shall not bear responsibility for any Cardholder complaints pertaining to service inaccuracies, deficiencies, or issues related to incorrect, expired, or disputed matters. The Merchant shall assume sole responsibility for addressing and resolving such complaints, incurring any necessary costs and expenses in the process.

2.5. Cardholder Support Services: To offer secondary-level Query Resolution Support, the Merchant shall collaborate with and support the Company in addressing inquiries related to the validity or accuracy of payment information concerning Cardholders' Bill Payment requests. Despite the provisions contained herein or elsewhere in this Agreement, the Merchant is responsible for resolving any Cardholder queries or disputes about Bill Payment requests, particularly those linked to the execution of standing instructions they have issued to the Company.

3. CHARGEBACKS

3.1. If the Payment Gateway Service provider informs PayMama about the receipt of a Chargeback from a Cardholder, the Merchant will promptly receive notification of the Chargeback.

3.2. The Merchant has the right to provide PayMama with documents and information, known as "Chargeback Documents," related to the Transaction connected to the Chargeback. These documents aim to verify either (i) the successful execution of the mentioned Transaction and/or (ii) the provision of goods/services requested by the Cardholder in accordance with the Transaction. If the Merchant wishes to submit the Chargeback Documents, they must do so within five (5) days (or any other timeframe specified by the Payment Gateway Service Provider) from the date of receiving the Chargeback notification.

3.3. The Merchant hereby agrees and acknowledges that

a. In the event that the Merchant is unable to provide the Chargeback Documents as specified above;

If the Payment Gateway Service Provider is dissatisfied with the Chargeback Documents provided by the Merchant, the service provider reserves the right to instruct PayMama to reverse the debit of the Chargeback Amount related to the Chargeback. This reversal will result in the Chargeback Amount being credited back to the Cardholder's Payment Instrument.

3.4. For any transaction that results in a Chargeback, Retailers/Distributors/Super Distributors agree and acknowledge that PayMama may retain the Chargeback amount in a Reserve from their respective wallets or settlement amounts. PayMama reserves the right to debit the Chargeback amount, including any associated fees and fines, from the Settlement Amount and/or Reserve. If PayMama reasonably believes that a Chargeback is likely for a specific transaction, it may withhold the potential Chargeback amount from payments due under this Agreement until one of the following occurs: (a) a Chargeback is confirmed due to a Cardholder's complaint, at which point the funds will be retained; (b) the time period specified by applicable law, regulation, or Card Association Rules for Cardholders to dispute the transaction expires; or (c) it is determined that a Chargeback on the transaction will not occur.

If PayMama cannot recover funds related to a Chargeback for which the Retailer/Distributor/Super Distributor is liable, the Retailer/Distributor/Super Distributor agrees to promptly pay PayMama the total amount of the Chargeback upon demand. The Retailer/Distributor/Super Distributor also agrees to cover all costs and expenses, including attorneys' fees and other legal expenses, incurred by PayMama in collecting any Outstanding Amounts unpaid by the Retailer/Distributor/Super Distributor.

Upon issuance of notice, PayMama reserves the right to withhold a sum, calculated based on a predetermined percentage (referred to as the "Stipulated Percentage"), from each settlement made during the Notice Period. This withholding is for a duration of one hundred and twenty (120) days (referred to as the "Withholding Term") starting from the date of issuance. The withheld sums will be used to settle Chargebacks. Upon completion of the Withholding Term, and after processing any pending Chargebacks, PayMama will promptly transfer any unutilized amounts to the Merchant. The "Stipulated Percentage" represents the proportion of Chargeback Amounts in relation to the total Transaction Amounts settled during the term of this Agreement.

3.5. The Merchant acknowledges that for payments related to any order disputed by the Cardholder or any party as a transaction not authorized by the payer, non-delivery of services to the Merchant, or allegations of transactions conducted by unknown individuals disputed by the Cardholder or payer, or charges/debits resulting from alleged hacking, phishing, security/encryption breaches of the end user's Login/Password, or debit card number or PIN, and if a request for Chargeback/refund has been initiated by the Cardholder, the following shall apply: The Merchant agrees to furnish evidence of service delivery to the Cardholder and shall make necessary adjustments to the Cardholder's bill. Subsequently, the Merchant shall refund the corresponding amount to PayMama, which will, in turn, refund the Payment Gateway service provider. The Payment Gateway service provider will then proceed to refund the Cardholder, payer, or any other disputing the Transaction.

4. INDEMNIFICATION

4.1. Furthermore, the Merchant is obligated to adhere to the security practices and procedures outlined in the Information Technology Act, 2000, along with its associated rules, and/or the regulations of the RBI (Reserve Bank of India). If any loss is incurred by PayMama or the Payment Gateway Service Provider due to a breach of the Link resulting from inadequate security measures on the part of the Merchant, its employees, contractors, agents, etc., the Merchant agrees to indemnify, defend, and hold both PayMama and the Facility provider harmless from any claims, actions, damages, or losses associated with or arising from such breaches.

4.2. The Merchant shall indemnify and safeguard PayMama, along with its directors, officers, employees, agents, and representatives, against any and all losses, damages, costs, or expenses (including reasonable attorney's fees) related to claims, judgments, awards, settlements, fines, arising from:

a. The transaction conducted between the Payee and the Merchant, in accordance with the relationship between the Merchant and the Payee, whether contractual or of any other nature;

b. Security breaches concerning the Payee's Personal Data, with such breaches being attributable to the Merchant; and

c. Fines and penalties imposed by the Sponsor Bank, NPCI, or any other governmental authority due to fraudulent Pay-out transactions initiated or executed by the Merchant.

4.3. The Merchant hereby commits and agrees to consistently indemnify and keep the Company indemnified from and against any and all actions, proceedings, claims, liabilities (including statutory liabilities), penalties, demands, costs, awards, damages, losses, and/or expenses arising in any manner due to:

4.3.1. Any violation of applicable laws, GST, rules, and regulations.

4.3.2. Any breach or failure to perform by the Merchant of any of the provisions outlined in this Agreement and/or any attached Schedules, breaches of confidentiality, infringements on intellectual property rights, inaccuracies in Cardholder billing information, Chargeback and refund matters, as well as any fines, penalties, or interest imposed directly or indirectly on PayMama due to the Merchant under this Agreement and/or any schedules;

4.3.3. Any claims or legal proceedings initiated by the Merchant's vendors/suppliers, the Cardholder, or any other party against the Company regarding any products/services provided by the Merchant; or

4.3.4. Any actions, oversights, or failures by the Merchant's agents, employees, licensees, or Cardholders; or

4.3.5. Any claims made by third parties against PayMama arising from the aforementioned sub-clauses. The Merchant shall additionally provide complete indemnification and safeguard PayMama and the Facility provider from any losses, expenses, costs, demands, or liabilities, whether direct or indirect, resulting from a third party's claim that the Merchant's services infringe upon the intellectual or industrial property rights of that third party.

In the event of PayMama or the Facility provider being entitled to indemnification under the terms of this Agreement, PayMama shall have the right to debit the Merchant accordingly, to the extent of any indemnification due from the Merchant, from the Settlement Amount or any other applicable source.

Upon entering into this agreement, the Merchant agrees to utilize the payment gateway services offered by PayMama for wallet loading in order to facilitate digital financial services on the platform. The Merchant may use a Credit Card, Debit Card, Net Banking, or UPI to load the wallet. Furthermore, the Merchant acknowledges full responsibility for verifying the cardholder's identity and details prior to wallet loading. The Merchant also agrees to promptly address and resolve any disputes that may arise during the process.

AVAILABILITY OF A PRODUCT OR A SERVICE

Even though this website may be accessible from locations where PayMama does not conduct business, we do not assert that we are operating in those locations or that our services or products will be accessible in any specific state, country, or jurisdiction. This website does not explicitly target users in any particular geographical area. By accessing Our Website, you agree and acknowledge that Our Website and its contents should not be employed to establish personal jurisdiction over Our Website in locations where we are not currently conducting business.

INTELLECTUAL PROPERTY RIGHT POLICY

The entire content of the website is safeguarded by international copyright and trademark laws. The copyrights and trademarks are owned by PayMama, its affiliates, or other third-party licensors. You are not authorized to distribute, disseminate, or replicate in any manner any copyrighted content, designs, trademarks, or other intellectual property and proprietary information owned by others without obtaining prior written consent from the owner of such proprietary rights. Modifying, copying, replicating, republishing, uploading, posting, transmitting, or distributing, in any way, the materials found on the website, including text, slogans, logos, graphics, code, and/or software, is strictly prohibited. You may print and download portions of material from various sections of the website exclusively for your personal and non-commercial use, provided that you agree not to alter or remove any copyright or proprietary notices from the materials.

You are prohibited from allocating, distributing, or reproducing in any way any copyrighted material, designs, trademarks, or other intellectual proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of www.thepaymama.com [i.e PayMama’s website] to terminate the Membership privileges of any Member/User/Merchant who infringes the copyright rights of others upon receipt of prompt notification to the website by the copyright owner or the copyright owner's legal agent/advisor. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website Services in a way that constitutes copyright infringement, please provide us with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

A description of the copyrighted work that you believe has been infringed.

Details indicate where the material you claim infringes are on the PayMama website Services.

Your contact information, including your address, telephone number, and email address.

A written statement from you affirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement from you, made under penalty of perjury, confirming the accuracy of the information in your notice and asserting that you are the copyright owner or authorized to act on the copyright owner's behalf.

INDEMNITY

You, "The User," acknowledge and agree to indemnify and hold PayMama and its parent company, affiliates, officers, and employees harmless from any claim or demand, including attorney's fees, brought by any third party due to or arising from your use of the Service, your connection to the Service, your violation of the PayMama Agreement or any other provision of the Agreement, or the infringement or misappropriation by you, or a third party using your computer, account, or password to access and/or use the services, of any Intellectual Property Rights of any person or entity. This also includes the use or misuse of your passwords or accounts by you or third parties, or your violation of any rights of another party.

TERMINATION

This Agreement shall remain in full force and effect while you use the PayMama website. However, PayMama reserves the right to terminate access to certain areas or features of the website at any time, for any reason, with or without notice. PayMama also reserves the universal right to deny access to particular users to any or all of its services/content without prior notice or explanation in order to protect the interests of the PayMama website and/or other visitors to the website. PayMama reserves the right to limit, deny, or create different access levels to the website and its features for different users or Customers, or to change any of the features or introduce new ones without prior notice. PayMama also reserves the right to temporarily or permanently terminate any user for any of the following reasons:

1. If it is determined that users or customers have provided false information in connection with their member account on PayMama (website), or are engaged in fraudulent or illegal activities.

2. If users violate any provisions of the terms and conditions of the use agreement and/or the Agreement of the website.

3. If they use the website to send spam messages or repeatedly publish the same product information.

4. If they post material unrelated to trade or business cooperation.

If they impersonate or unlawfully use another company's name to post information or conduct any form of business.

If there's any unauthorized access, use, modification, or control of the PayMama website database, network, or related services

ASSOCIATION / LINKS TO THIRD PARTY

Our PayMama website may include links to third-party websites, referred to as "Linked Sites" or "Affiliates" or "Partner Sites." PayMama does not have control over these Linked Sites, and we are not responsible for the products offered on any Linked Site, including any links within those sites or any changes or updates to them. We are not accountable for webcasting or any other form of transmission received from Linked Sites. Users are responsible for reviewing and complying with the privacy statements and terms of use posted on the Linked Sites.

TERMS AND CONDITIONS RELATING TO ADVERTISERS

1. PayMama and Advertiser mutually agree to utilize the Network during the specified Term to display Advertiser's advertisements on Publisher Websites, adhering to the terms and conditions outlined in this Agreement. Within the scope of this Agreement, the Advertiser bears the sole responsibility for soliciting Ads, utilizing the Network to place Ads, and addressing related inquiries.

2. All copyrights, database rights, trademarks, and design rights pertaining to our website and the materials published on it are the property of PayMama. Advertisers must obtain prior permission from the website owner to use these materials.

Advertisers shall assume full responsibility for any losses incurred by website users.

NOTICE

All notices or demands to or upon PayMama shall be considered valid if in writing and when sent to PayMama, addressed at:

All notices or demands to or upon a User(s)/Merchant(s) shall be considered valid if delivered in person, sent via courier, certified mail, by facsimile, or email to the most recent contact details, fax, or email address provided by the User(s) to thepaymama.com .

FEEDBACK

The thoughts expressed, and reviews posted by visitors are their own and are not subject to moderation by us. If anyone feels offended, please contact us at: customercare@thepaymama.com, and we will consider removing the content from our website if it aligns with the boundaries of business norms, prevailing standards, legality, and freedom of speech.

GOVERNING LAW AND DISPUTE RESOLUTIONS

This Agreement shall be governed by and interpreted in accordance with Indian law, and you hereby consent to the exclusive jurisdiction of the courts in telangana.

NON-WAIVER

Any delay or failure by us to enforce a provision you are obligated to follow shall not affect our right to require such compliance at a later time. Furthermore, our decision to not enforce a particular provision or overlook a breach shall not be construed as a permanent waiver of that provision or provisions.

SEVERABILITY

If a court of competent jurisdiction deems any provision(s) of this Agreement to be in conflict with the law or otherwise invalid or unenforceable, the affected provision(s) shall be interpreted, to the extent feasible, in a manner that aligns with the parties' original intentions, while all other provisions shall remain fully valid and enforceable.

STATUTE OF LIMITATIONS

The User and the Website mutually agree that any legal claims or disputes arising from these Services must be initiated within a period of one (1) month from when the cause of action first arose. Failure to do so will result in the permanent barring of such claims. If you do not agree with any of the Terms and conditions mentioned above, please refrain from accessing the content on any of our pages or utilizing our services.

ENTIRE AGREEMENT

These Terms of Use constitute the comprehensive understanding and agreement between you and PayMama regarding the Website. You acknowledge that any previous agreements between you and PayMama pertaining to the website are hereby replaced and hold no authority or validity.

These Terms of Use were last modified: Sep 2023