Consumer Terms & Conditions

THIS TERMS AND CONDITIONS IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER THE INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION. PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY BEFORE YOU CLICK ON “I AGREED”. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS WEBSITE, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR TERMS AND CONDITIONS TO “KLIQPAY.” AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF THE INFORMATION TECHNOLOGY ACT, 2000.

  1. Introduction on the Scope of These Terms AND Condition
  1. "KLIQPAY" is a retail tech platform providing financial inclusion/banking services to lower income population of the country who are unbanked or under-banked, through our network of retailers and distributors and is a digital financial facilitation service provided by CIPHERWISP FINSOFT TECHNOLOGY Private Limited, a company incorporated under the Companies Act, 1956/2013 and having its registered office at 603-6TH FLOOR Shreenath Signet 3, Nikol, Ahmedabad, Gujarat, India, 382350 (hereinafter referred as the “Company/ KLIQPAY”, which is expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns).
  2. "KLIQPAY" is a retail tech platform providing financial inclusion/banking services to lower income population of the country who are unbanked or under-banked, through our network of retailers and distributors and is a digital financial facilitation service provided by CIPHERWISP FINSOFT TECHNOLOGY Private Limited, a company incorporated under the Companies Act, 1956/2013 and having its registered office at 603-6TH FLOOR Shreenath Signet 3, Nikol, Ahmedabad, Gujarat, India, 382350 (hereinafter referred as the “Company/ KLIQPAY”, which is expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns).
  3. The terms and conditions subject to which KLIQPAY Services are provided to the Consumers (as defined below) are mentioned herein and the use of KLIQPAY Service by Consumers is subject to this Consumers' acceptance of the following terms and conditions (as may be amended from time to time) (“Agreement” / “Terms of Use”)
  4. These terms and conditions (“Terms”) along with the Privacy Policy (as defined) constitute an agreement between CIPHERWISP FINSOFT TECHNOLOGY Private Limited "KLIQPAY" and the merchants of KLIQPAY (“Merchant”), entitling such Merchants to provide the Services (as defined herein) to the customers in India through the portal/ website: www.kliqpay.in. These Terms are in addition to any other agreement that may have been executed between KLIQPAY and such Merchants for the purpose of providing the Services.
  5. You acknowledge that you propose to be engaged with KLIQPAY as its Merchant in order to provide the Services to customers in India and thus have commenced the log-in to the Terminal. However, please note that before you commence to provide the Services as a Merchant of KLIQPAY, You are required to read and understand these Terms and only if you are agreeable to these Terms, You can proceed and continue to log-in and provide the Services as Merchant of KLIQPAY. By continuing to log-in and access the Terminal and provide the Services, it shall be deemed that you agree to be bound by these Terms. However, in case, you do not agree to these Terms, You are required, not to proceed with log-in and leave the Terminal immediately. Please note that in case you do not agree to these Terms, You are not entitled to provide the Services and to be associated with KLIQPAY as its Merchant.
  6. You agree and acknowledge that the access and use of the Terminal by You is voluntary and of your own accord and your access and use of the Terminal shall be subject to the Applicable Laws (as defined).
  7. You acknowledge that in respect of certain Services, You shall not be entitled to deal in them unless your account has been approved by the respective Service Providers (as defined).
  8. The phrase 'to provide the Services' or 'provisioning of the Services' used in these terms shall be construed to mean 'onward provisioning, sale, distribution and supply of Services through the Terminal'.
  9. The terms and conditions specific to a particular Service(s) shall be applicable to you and KLIQPAY when you opt for such Service(s).
  1. Definitions

The words and expressions beginning with capital letters in these Terms shall, unless the context otherwise requires, have the meaning ascribed thereto herein:

  • Applicable Law: shall mean any and all applicable laws, statutes, rules, regulations, directions, guidelines, ordinances, orders, policies, judgments, decrees or other requirements or official directives of any Governmental, statutory and regulatory authorities, Bank, National Payments Corporation of India (NPCI), RBI, Unique Identification Authority of India (UIDAI) or courts of law.
  • Customers: shall mean the end users approaching the Merchants for availing the Services.
  • Merchant Point Location: shall mean the shop or office premises owned or rented by the Business Associate, to be used for the purpose of rendering Services to the Customers.
  • Privacy Policy: shall mean the policy which is separately given on the Terminal.
  • Services: shall mean the following services, under the brand “KLIQPAY” as made available to the Merchant for onward provisioning, sale, distribution and supply through the terminal:
  • Aadhaar Enabled Payment System services (AEPS)
  • Bharat Bill Payment Services (BBPS)
  • Facilitation of online booking of railway E-tickets, flight tickets, bus tickets and hotel accommodations on behalf of Service Providers
  • Mobile recharge and DTH recharge (other than Dish TV, Sun Direct TV and Tata Sky)
  • PAN Card processing services
  • Facilitation of Purchase and Sale of Gold through the Terminal
  • Card Payment Services
  • Micro ATM Services
  • Other services as made available to the Merchant for onward sale, distribution and supply through the Terminal
  • Service Provider: means the entities engaged in the business of the provision of the Services in respect of which KLIQPAY has or may have, agreements from time to time, authorizing KLIQPAY, for onward provisioning, sale, distribution and supply of such Services through the merchants.
  • Software Program: shall refer to various Software Programs supplied by KLIQPAY that can be installed into Terminal equipment or computer enabling the dispensation of Services electronically.
  • Transactions: shall mean the electronic transactions undertaken by you pertaining to onward provisioning, sale, distribution and supply of Services to the Customers through the Terminal.
  1. Your Obligations

Following Obligations shall apply to you, generally in respect of all the Services.

  1. General in Nature
    1. You shall at all times comply with instructions, directions, guidelines and policies issued by KLIQPAY, from time to time relating to the performance of your obligations as Merchant under these Terms. You shall also, at all times comply with the provisions of, and maintain and preserve all records, registers, books and papers and information (which shall be available for inspection and audit along with a supply of extracts thereof, as and when required either by KLIQPAY or RBI or Bank or National Payment Corporation of India or Service Provider or other competent statutory authorities), as required under, Applicable Laws including but not limited to guidelines and standards under Bharat Bill Payment System issued by NPCI and RBI and relevant KYC/Anti-Money Laundering/Financial Terrorism related norms/ rules/ regulations/ circulars as mandated by RBI, NPCI and other relevant statutory authorities. In addition, you shall comply with the requests and directions of Banks/ Service Providers, received in reference to your engagement with KLIQPAY as its Merchant. Further, You shall submit periodic reports, returns, statements, certificates and such other documents as may be required by KLIQPAY/RBI/Bank/ NPCI/ Service Provider and/or other competent statutory authorities from time to time or as provided under Applicable Laws.
    2. You shall also co-operate in good faith to correct any practices which are found to be deficient during the audit and inspection, within a reasonable time after receipt of the audit report from KLIQPAY/RBI/Bank/ NPCI, as the case may be.
    3. You shall provide all kinds of support and facilitation to KLIQPAY while performing the scope of work as mentioned in these Terms.
    4. You shall deal with, provide and resolve all queries, clarifications, inquiries, disputes and/or complaints of the Customers in relation to Services offered. You shall be responsible for resolving the complaints/ disputes from the Customers and third parties against you arising on any account whatsoever. You acknowledge that KLIQPAY shall not be liable and responsible in any manner whatsoever for any complaints/ disputes or issues arising between you and the Customer and third parties.
    5. You shall not accept any gift, commission or any sort of gratification in cash or kind from any person, party or firm or other company dealing with KLIQPAY and if you are offered any of such, you shall immediately report the same to the management of KLIQPAY.
    6. You shall be solely responsible to pay the salaries and other employees related payments to Your personnel/employees and for taking policies such as medical insurance, life insurance etc. for them and to comply with all Applicable Laws relating to the employment of such personnel/employees of You and KLIQPAY shall have no responsibility or liability of any kind whatsoever for the same.
    7. You undertake that You shall at Your own risk and cost keep and maintain the Merchant Point Location in the proper manner for the rendering of the Services to the Customers and procure/ facilitate sufficient manpower for the same and keep the complete and proper accounts relating to the rendering of the Services.
    8. You shall not indulge in or promote any unlawful, illicit or illegal activity or purposes while providing the Services.
    9. You acknowledge that KLIQPAY officials shall have the right to undertake a visit on Your premises or Merchant Point Location on any day to satisfy itself about the authenticity and credibility of the information provided by You during or before your enrolment as a Merchant with KLIQPAY or in connection with the performance of any obligations by You under these Terms.
    10. You shall ensure that You shall carry out all due identification and verifications of the Customer and comply with all Know Your Customer (KYC) requirements, as may be required by the Applicable Law and as per policies as communicated by KLIQPAY from time to time, before initiating any Transactions as requested by the Customer. You shall ensure to collect, keep in its safe custody and provide to KLIQPAY the KYC documents (documents relating to identity and address verification) of Customers, if any, in electronic or physical form, as per KLIQPAY's requirement. For the purpose of enrolment of Customers for providing them with the Services, You shall meet the Customers, collect the Know Your Customer (KYC) documents as specified by KLIQPAY along with a duly signed requisite application form wherever applicable and all such other details of the Customers as required by KLIQPAY from time to time and upon comparing the copy of the Know Your Customer (KYC) documents collected with the original, record the same on the copy of the KYC by affixing the "Original Seen and Verified" stamp under Your signature, on these documents.
    11. You shall discharge your fiduciary obligations with respect to providing the Services to the Customers promptly and without failure. You shall have in place suitable arrangements, processes and risk control mechanisms to ensure that there is no default or delay in the effective delivery of Services to the Customers.
    12. In case of change of any details pertaining to your business and engagement with KLIQPAY as a Merchant or changes in the contact details like mobile number/landline number, the email id/registered address/ Shop or Merchant Point Location change, You shall inform KLIQPAY of the same promptly in writing or by email, providing full details of such changes.
    13. You shall ensure that you have all the valid licenses and efficient staff to undertake the Transactions.
  1. Exclusivity
  1. You shall not engage, deal with or enter into an agreement with any other party or any company/organization engaged in rendering/sale/promotion of same/similar services.
  2. You undertake to use Merchant Point Location solely for the Services and confirm that Merchant Point Location are neither being currently used and nor will be simultaneously used in future for any similar services and/or product offerings of any other company.
  1. Advertising and Representation as a Merchant of KLIQPAY
  1. You agree to provide adequate space at the Merchant Point Location for display/selling/ branding/marketing of the Services as per the guidelines of KLIQPAY or/and statutory regulations or mandates of RBI/ NPCI/ Bank/ Service Provider.
  2. You in all your dealings with the third parties shall describe yourself only as “Merchant” of KLIQPAY and under no other description or nomenclature. You shall not describe yourself as a partner or employee of KLIQPAY nor shall you be entitled to represent KLIQPAY in any other manner whatsoever.
  3. You shall not (except in the normal course of KLIQPAY's business) publish any article or statement, deliver any lecture or broadcast or make any communication to the press, including magazine publication relating to Services or to any matter with which KLIQPAY may be concerned, unless You have obtained the written permission from KLIQPAY.
  4. You shall not give or make any guarantees, warranties or representations on behalf of KLIQPAY as to the conditions, quality, durability, or performance of the Services other than or different from those provided by KLIQPAY in writing. You shall not use any advertising or promotional materials tending to mislead the public or make any false or misleading representation with regard to the Services and Terminal.
  5. KLIQPAY, at its sole discretion, may provide to you suitable advertisement support, technical and marketing guidance and staff training as and when it may deem necessary. You shall not make use of KLIQPAY's logo/mark on any slips/receipts, visiting cards, letter heads etc. without written approval/consent of KLIQPAY.
  6. You undertake that you shall not do anything that damages the name, goodwill and reputation of KLIQPAY, its subsidiaries, clients, suppliers and affiliates and shall protect and enhance the name, goodwill and reputation of KLIQPAY during the course of the fulfilment of your obligations under these Terms.
  7. You shall display, in such manner as directed by KLIQPAY, the Services and other charges and fees that may be advised by KLIQPAY or as per directives of Applicable Law from time to time.
  8. You shall prominently display the certificate of authorization/ training issued by KLIQPAY if any.
  9. In case of You acting as a Business Correspondent Agent, You shall put up a signage indicating Your status as a business correspondent agent for the Bank, display the Business Correspondent certificate, if any, and also disclose the name of KLIQPAY, the contact details of the base branch/controlling office of Bank, details of the banking ombudsman and the fees for all Services, charged by the Bank, available at the outlet.
  10. You shall display such grievance redressal policy and in such manner as communicated from time to time by KLIQPAY, at the Merchant Point Location.
  11. You shall send the Customer registration form, if any, and KYC in such manner as may be provided by KLIQPAY.
  1. Technology-related Obligations
  1. You shall integrate your hardware/software with KLIQPAY's systems as and when required by KLIQPAY, for the seamless rendering of the Services.
  2. You agree to maintain the strict secrecy and confidentiality of the log-in user-id and password provided to you and you shall not disclose the same to any third party. You agree that You shall be solely responsible for any unauthorised use or disclosure of Your user-id and password and KLIQPAY shall not be liable in any manner whatsoever for any losses, claims, or liabilities arising out of or in connection with such use and/or disclosure.
  3. You shall bear all costs and expenses for establishing and maintaining the network link between KLIQPAY and You for the Services.
  4. You shall ensure availability of the required infrastructure, system, hardware, software, network, scanners and other devices, as required for the provisioning of the Services at Your outlet.
  5. You shall promptly notify KLIQPAY, in the event, there is an error in the connection with KLIQPAY or you are unable to process the Transactions for any other reason whatsoever.
  6. You shall ensure that it shall not compromise the integrity and robustness of the systems, network, connectivity, Terminal and any hardware, software and equipment used in the provisioning of the Services whether belonging to any statutory authority or KLIQPAY or You or any third party. You shall be solely responsible for ensuring that same shall, at all times, be free from all malware, viruses, black boxes, trapdoors, Trojan horses etc.
  7. You shall not sell, redistribute, reproduce, modify, decompile, disassemble or reverse engineer any part or portion of the Terminal; and not to use the same for any purpose that violates the Applicable Laws. The same restrictions shall mutatis mutandis apply in respect of any internet-based application/ platform that you shall be provided access to for the purpose of providing the Services.
  8. You shall not permit any third party to use the Terminal and Terminal-related content for any purpose other than in accordance with these Terms. The same restrictions shall mutatis mutandis apply in respect of any internet-based application/ platform that you shall be provided access to for the purpose of providing the Services.
  9. KLIQPAY/RBI/ Bank/NPCI/ Service Provider shall be entitled to review the security practices and control processes of your use periodically and require you to forthwith disclose security breaches that come to your knowledge.
  10. You acknowledge that in the event of instability of KLIQPAY's system or an emergency, KLIQPAY may, upon written notice to you, temporarily suspend the access to the Service and Terminal.
  11. You shall ensure to have the requisite infrastructure for protecting the privacy and confidentiality of sensitive Customers' data (bank details, passwords, card details, PIN etc.) in compliance with the industry standards as applicable, such as ISO/IEC 27001, PCI-DSS and provisions of the Information Technology Act (as amended from time to time). You shall ensure that no such Customer data is misused by you.
  1. UIDAI Authentication Regulation: User Consent

Customer Clause

  1. I, the Customer hereby authorizes the Bank/KLIQPAY store my AADHAR number and to fetch, authenticate and store all such necessary details retrieved or to be retrieved from UIDAI through AADHAR Number and IRIS/biometric authentication for the purpose of this transaction. In case of any discrepancies, the Bank/KLIQPAY reserves the sole right to block my account/ relation and transaction without any further notice or intimation.
  2. Customer hereby states and undertake that it has no objection, if the information disclosed to the Bank/KLIQPAY is authenticated vide Aadhaar based system. Customer hereby voluntarily agree and confirm to provide or disclose (as required under the Aadhaar Act 2016 and Regulations framed there under) my identification information (Aadhaar number, biometric information & demographic information) for Aadhaar based authentication system and/or such similar authentication mechanism as provided or stipulated by the Government, from time to time, for the purpose of availing banking services, including operations of account or any other facility relating to banking operations.
  3. The Customer hereby agree and confirm that the Bank/KLIQPAY will not be obliged to process any request made by me, if:
    • Aadhaar number provided by me is incorrect.
    • Details in account does not match with details available with UIDAI.
  4. The Customer hereby agree and confirm that the Aadhaar details may be updated for all my banking services, including but not limited to the operation of bank account, for the purposes of authentication.
  5. The Customer hereby agree and confirm that my account may be used for receiving any government payments across schemes that the Customer is eligible and/ or any other payment using the Aadhaar based information. The Customer hereby acknowledge and agree that NPCI may map the Customer's account in the Aadhaar Mapper of NPCI.
  6. The Customer hereby confirms that the Aadhaar detail provided by the Customer is true, correct and complete in all aspect.
  7. The Customer hereby acknowledges that the Bank/KLIQPAY will not have any liability or responsibility, if the details provided by the Customer is or subsequently becomes false, incorrect or incomplete, either in part or as a whole.
  8. Before agreeing to the above-mentioned terms and conditions, the Customer have been explained (in a language know to the Customer) about the nature of information that may be shared upon authentication and have understood the nature and implication of the same, as stipulated under the applicable law. The Customer declares that all the information has been voluntarily furnished by them to the Bank, without any duress or coercion.
  9. The Customer hereby gives consent to use/exchange or share their Aadhaar number, Aadhaar information for registration of client information with Exchange, KRA, CERSAI and with any other regulatory or statutory authorities or as the Bank/KLIQPAY deems fit or as per requirements of law.
  10. The Customer hereby understands and agrees that all identity information provided by the Customer will only be used for on boarding me for the purpose of the transaction.
  11. The Customer hereby understands and agrees that Bank may disclose the identity information provided by the Customer to only CIDR for the purpose of authentication or authorization.
  12. The Customer hereby understands and agrees that the biometric authentication may be treated as my signature.
  13. The Customer hereby declare that the above information has been provided voluntarily out of his/her own discretion and volition. All information provided by the Customer or information/date retrieved from UIDAI in respect of the Customer is true, correct, updated and complete.
  1. Transactions-related Obligations
  1. Float Amount: You shall at all times maintain with KLIQPAY, such minimum amount as directed by the KLIQPAY (“Float Amount”) towards the access of Services. Such Float Amount shall be deposited with KLIQPAY through banking a channel only and not by way of cash. Float Amount shall be used/adjusted towards the settlement of the Transactions pertaining to Services. The Transaction Amount and any other amount payable to KLIQPAY by You shall be debited from the Float Amount on a real-time basis and commissions payable to You on the said Transactions shall be credited to the said Float Amount. You agree that the Transaction Amount payable by you shall not exceed the Float Amount at any point of time in any circumstances. This Float Amount shall be replenished from time to time by you in order to maintain the minimum amount as specified above. Maintenance of such Float Amount is the essential condition of your engagement with KLIQPAY as its Merchant.
  2. You shall furnish instant confirmation of payment made/success of Transaction via a payment receipt/confirmation message to the Customers. The receipt could be in physical or electronic form (SMS/ email etc.) or as per Applicable Laws. You shall issue receipts of Transactions to Customers generated through the system and no manual receipt shall be issued.
  3. You are not authorized to hold or retain cash received from Customers without completing the Transaction.
  4. You are prohibited from charging any fee to the Customers directly for Services rendered by you on behalf of KLIQPAY. You shall collect only defined the amount as a fee from the Customer and shall acknowledge the same by issuing a receipt (in the printed or electronic form generated from the system) on behalf of KLIQPAY. The defined amount shall be communicated by KLIQPAY to you from time to time and shall be at KLIQPAY's sole discretion. You shall not take any additional fee directly from the Customer on behalf of KLIQPAY.
  5. You shall disclose the charges and fees pertaining to Services and various types of transactions conspicuously at Merchant Point Location for the benefit of the Customers.
  6. You agree to take all necessary care and observe due diligence while carrying out Transactions and shall be wholly and exclusively responsible for any liability arising due to failure to do so. You shall take all care in entering the Customer's details correctly for carrying out Transactions and KLIQPAY shall not be liable for any wrong Transactions. You are solely responsible to resolve issues arising out of any incorrect details and KLIQPAY shall not have any liability or responsibility in such cases.
  7. In the case of AEPS Services, no service fee, in any manner, shall be recovered/ charged by you from the Customers.
  8. You shall maintain the secrecy of Transactions according to the Fair Practice Code of the Indian Bank Association (IBA).
  9. You shall, on a monthly basis, confirm the number of Customer registrations, if any, done on your behalf, with details of the Transaction/s, if any, and the purpose thereof.
  10. You shall at all times maintain the such amount of cash as is necessary for undertaking the Transactions.
  11. You shall reimburse KLIQPAY in case of Chargebacks as received by KLIQPAY from the Bank.
  12. You shall not keep or store in any manner, any and all data pertaining to the Transactions or payments, including but not limited to Transaction logs, in your possession or control directly or indirectly and you are hereby prohibited to download such data from the Terminal.
  1. TERMINATION, EFFECTS OF TERMINATION AND LIQUIDATED DAMAGES, FINES AND PENALTIES
  1. TERMINATION
    1. KLIQPAY shall have the right, at its sole and absolute discretion, to terminate your engagement as a Merchant of KLIQPAY, without any liability by KLIQPAY to You upon giving 15 days prior written notice to You, without assigning any reason thereof; Similarly, You shall have the right to terminate your engagement as a Merchant of KLIQPAY, upon giving 30 days prior written notice to KLIQPAY.
    2. KLIQPAY shall have the right to terminate your engagement as a Merchant of KLIQPAY without any liability by KLIQPAY to You immediately, upon written notice by KLIQPAY, if there is (i) any material adverse change in the business environment or (ii) any change in Applicable Law or (iii) any requirement or directive of the Service Provider, which prevents the continuing of the arrangement under these Terms or if the license/permission/approval of KLIQPAY, given by any statutory/ regulatory authority/Bank/Service Provider is revoked or terminated for any reason.
    3. KLIQPAY shall have the right to terminate your engagement as a Merchant of KLIQPAY without any liability by KLIQPAY to You immediately, upon written notice by KLIQPAY, if the You cease or threaten to cease to carry on all or a substantial part of Your business, or become insolvent, or make an assignment for the benefit of Your creditors, or a receiver is appointed for Your business, or an order is made for the winding up or liquidation of Your business (other than for the purposes of amalgamation or reconstruction).
    4. KLIQPAY shall have the right, at its sole and absolute discretion, either, to temporarily deny, limit, suspend Your log-in and access to the Terminal to provide the Services, and/or take any other action as it may deem fit, including levying liquidated damages (as specified below) and/ or pursuing any remedies that may be available under any Applicable Law or, terminate your engagement as a Merchant of KLIQPAY immediately and in all such cases, without any liability by KLIQPAY to You, and without any notice to You, on occurrence of the following events of default (“Events of Default”):
    5. You are found to be engaged in any material violations, breaches, defaults and non-compliance of these Terms and/or Privacy Policy.
    6. You are found to be involved in gross negligence or serious misdemeanour or any undesirable activity or any criminal offence including but not limited to cybercrime, fraudulent activity, forgery, misappropriation of funds, and breach of trust.
    7. You are found to be overcharging from the Customers for the Services and/or collected any fees/charges other than specified by KLIQPAY.
    8. There are frequent Customer complaints against you and/or you are found to be misbehaving with any Customer.
    9. Customer complaints/disputes against you continue even after repeated warnings are issued by KLIQPAY.
    10. In the opinion of KLIQPAY, any breach of these Terms is not curable or your continuation of the provisioning of the Services is not desirable or its continuance therein poses a grave systemic risk.
    11. You do not continue to conform to the qualification/ eligibility criteria for your appointment/ engagement, as set by KLIQPAY or any statutory or regulatory authority.
    12. You fail to adhere to Applicable Laws and other statutory requirements.
    13. You have abused your rights to provide the Services.
    14. You are in breach of the Privacy Policy.
    15. You have performed any act which is or likely to be harmful or defamatory to KLIQPAY, its customers, suppliers or any other third party.
    16. You made use of the Services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act.
    17. You made any confidential and/or proprietary information pertaining to KLIQPAY and/or the Services public without the prior written consent of KLIQPAY.
  2. EFFECTS OF TERMINATION
    1. The termination of Your engagement as a Merchant with KLIQPAY, for any cause or without any cause whatsoever, shall have following effects and consequences:
    2. You shall cease to represent KLIQPAY in any of your dealings with any third party.
    3. All rights granted to you or KLIQPAY under these Terms shall terminate. Your log-in and access to the Terminal shall get terminated and you shall not be able to access and log-in to the Terminal and you shall not be entitled to provide the Services.
    4. You shall return to KLIQPAY promptly, in good condition all assets, inventories, services/ material, all instructions books and manuals, technical catalogues and other material, documents and papers etc. whatsoever provided to You by KLIQPAY
    5. You shall not be entitled to claim any amount of loss or compensation for termination of the said engagement.
    6. Termination of Your engagement with KLIQPAY for any reason shall not affect any rights and / or obligations of KLIQPAY or You, which (i) accrued before the date of such termination; or (ii) expressed or intended to continue in force after and despite such expiry or termination.
    7. You agree that notwithstanding the termination of your engagement, KLIQPAY will continue to be entitled to use the information supplied by you or collected from you during your use of the Terminal and provision of the Services by You.
  3. LIQUIDATED DAMAGES, FINES AND PENALTIES
    1. On the occurrence of any Event of Default, KLIQPAY shall have the right, without prejudice to any of its rights, as specified above, to impose liquidated damages which shall be not less than 10,00,000/- ( Rupees Ten Lacs only) per instance and You agree to pay the same on demand without any demur or contest.
    2. Notwithstanding anything to the contrary in these Terms, You shall be liable to pay/indemnify KLIQPAY for any fine or penalty imposed by any statutory/regulatory/governmental authority/RBI/court in connection with your acts of commission and omission while providing the Services. KLIQPAY shall be entitled at its sole discretion to setoff/adjust such fine/penalty from any payments due by KLIQPAY to You.
  1. LIMITATION OF LIABILITY

KLIQPAY, including its officers, directors, shareholders, employees, sub-contractors, vendors, suppliers, business associates, parent companies, sister companies, subsidiaries and other affiliates will not be liable to the maximum extent permitted by the applicable law, for any direct, indirect, incidental, or consequential damage, or any other damage and loss (including loss of profit, loss of data and work stoppage), costs, expenses and payments, regardless of the alleged liability or form of action, whether in contract, tort or otherwise, including negligence, intellectual property infringement, product liability and strict liability, that may result from, or in connection with the use of terminal or the inability to access the terminal and provision of the services, or from any failure, error, or downtime in the function of the services, or from any fault or error made by KLIQPAY's staff, or from your reliance on content delivered through the services, or from the nature of content delivered through the services, or from any communication with KLIQPAY or from any denial or cancellation of request for information through the services, or from retention, deletion, disclosure or any other use or loss of content through the services, regardless of whether KLIQPAY has been advised of the possibility of such damages. In any event, your sole remedy will be limited to the corrections of such errors, as deemed fit by KLIQPAY in its sole discretion. Without prejudice to the aforesaid, it is hereby acknowledged by you that the aggregate liability of KLIQPAY, for any reasons whatsoever, will not exceed Rs. 100/- (rupees one hundred only) or the total cost paid by the customer under the transaction in dispute, whichever is lower.

  1. DISCLAIMER OF WARRANTIES
  1. DISCLAIMER OF WARRANTIES
  2. Except as expressly set forth in these terms, KLIQPAY expressly disclaims any other warranty with respect to the use or provisioning of the services or any content or information delivered or sent through the services to you or the customer. The services are provided without any express or implied guarantee or assurance of quality, reliability of the content delivered through the services. KLIQPAY disclaims all express and implied warranties with regard to the services. KLIQPAY does not warrant or guarantee that the use of the services will not cause any damages to your device or system or to any other services provided to your device or applications and content that reside on your device. You agree and acknowledge that the use of the terminal, and providing the services is entirely, or at the maximum permitted by the applicable law, at your own risk.
  3. KLIQPAY does not warrant or guarantee that the services will operate in an uninterrupted, timely, secure, or error-free manner, or that the services will always be available or free from errors or that the services will be immune from unauthorized access.
  4. KLIQPAY does not warrant, guarantee or make any representations that you will find the services suitable for your needs. KLIQPAY does not warrant or guarantee that the services you receive will be free from technical inaccuracies or that the content will be legal, non-infringing or will not violate any rights or applicable laws or that the content will not contain any objectionable materials.
  5. You agree and acknowledge that the role of KLIQPAY is limited to providing services and that KLIQPAY does not in any manner warranty, guarantee or make any representations in respect of the accuracy and/or veracity of the information provided in respect of services.
  6. The services and the content thereunder are not intended to constitute or form the basis of any advice (professional or otherwise) or to be used in, or in relation to, any decision or transaction. We do not accept any liability (regardless of how it might arise) for any claim or loss arising from: “any advice given;” any decision made; or “any transaction made or effected. In reliance on, or on the basis of the services and the content thereunder nor any such liability arising from any other use of, or reliance on, the services and the content thereunder.
  7. KLIQPAY cannot and does not guarantee that the services and any content thereunder will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the content.
  8. KLIQPAY will be entitled to use, subject to the privacy policy as defined above, any information supplied by you during the course of accessing the terminal and providing the services.
  9. You understand and agree that the services, terminal, along with any hardware, inventory, technical documentation/data, information, licenses, equipment, software, etc., of KLIQPAY as required for provisioning of services under these terms, are provided on an “as is” basis. KLIQPAY makes no warranty or representation that the services, terminal, along with any hardware, inventory, technical documentation/data, information, licenses, equipment, software, etc. as required/ provided for the purpose of these terms will meet any requirements of the customer (as defined) or any third party. You further understand and acknowledge that the availability and quality of the services and terminal may be affected due to network connectivity, internet related issues, server breakdown, scheduled downtimes, any other technical issues and/or unavailability of the services or part thereof at the end of the relevant regulatory/ governmental authority/ service provider/system provider/banks. KLIQPAY shall not be responsible for any damage to you resulting from and pursuant to these terms.
  1. INDEMNIFICATION

You agree to indemnify and hold KLIQPAY, its licensors, business partners, contractors, sub-contractors, vendors, suppliers, merchants, parent companies, sister companies, subsidiaries and other affiliates of KLIQPAY and their respective officers, directors, shareholders and employees, indemnified and harmless from any claim, liabilities, damages, costs, losses, demands, expenses, chargebacks, charges and penalties, including reasonable attorneys' fees, made by any third party in connection with or arising out of, provisioning of the Services, or any act of commission or omission by You amounting to non- adhering to these Terms or any breach of Applicable Laws or any fraudulent, illegal, unlawful or undesirable practices or negligence or mischief on Your part or any infringement of intellectual property rights of any third party or any unauthorised use of the Services/ devices supplied by KLIQPAY, by You or occurrence of any Event of Default (refer clause 7).

  1. CONFIDENTIALITY

You undertake that You shall treat as confidential all Confidential Information of KLIQPAY and shall not disclose For the avoidance of doubt, “Confidential Information” shall be deemed to include (without limitation) (a) the following types of information and other information of a similar nature, whether or not set forth in writing: discoveries, ideas, concepts, papers, software in various stages of development, designs, drawings, specifications, techniques, models, prototypes, data, source code, object code, documentation, manuals, diagrams, flow charts, schematics, research, process, procedures, functions, “know-how”, marketing techniques and materials, marketing and development plans, Customer names and other information related to Customers including their KYC and details of Transactions undertaken for the Customers, price lists, pricing policies and financial information; and (b) any information disclosed to KLIQPAY by any third party under obligations of confidentiality to KLIQPAY.

  1. AMENDMENTS TO THE TERMS

KLIQPAY may amend and modify these Terms and Privacy Policy from time to time, including any and all documents and policies incorporated thereto without any prior notice to you. You agree to be bound by any of the changes made therein. Continuing to access the Terminal and to provide the Services will indicate your acceptance of the amended Terms. If you do not agree with any of the amended Terms, then you must avoid any further use of the Terminal and provision of the Services. KLIQPAY advises you to periodically read these Terms, as they may change from time to time.

  1. ENTIRE AGREEMENT

These Terms including the Privacy Policy and any other agreement (as referred to in the following sentence) constitute the entire agreement between you and KLIQPAY and govern your access to the Terminal and providing the Services. In case there is any other agreement that has been executed between KLIQPAY and such Merchants for the purpose of providing the Services, the provisions of such agreement shall be read and applicable in addition to these Terms. However, in case of any inconsistency in the provisions of these Terms and such agreement, the provisions of these Terms shall prevail to the extent of such inconsistency.

  1. GOVERNING LAW AND JURISDICTION
  • These Terms shall be governed by the laws of India. You and KLIQPAY agree to submit to the personal and exclusive jurisdiction of the courts of Mumbai. In case of any dispute or other matter arising in reference to the Terms and/or the Services, such dispute or other matter shall be referred to a sole arbitrator appointed by KLIQPAY and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai and shall be conducted in the English language. All the costs, charges and expenses in connection to the arbitration shall be solely borne by the user who raised the dispute.
  • Subject to the provisions above, the courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all the matters which the court is entitled to determine under the Act, including, without limitation, the provision of interim reliefs under the provisions of section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.
  1. WAIVER AND SEVERABILITY OF TERMS

Failure to delay or neglect by KLIQPAY to enforce at any time any of the provisions hereof shall not be construed nor be deemed to be a waiver of the KLIQPAY's rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice KLIQPAY's rights to take subsequent action. No remedy conferred by any of the provisions of these Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by KLIQPAY shall not constitute a waiver by KLIQPAY of the right to pursue any other available remedies. If any provision (or part thereof) of these Terms is held to be a violation of any Applicable Law, the same shall be deemed to be deleted from these Terms to the extent of such violation. The remainder of these Terms shall remain in full force and effect as if the provision (or part thereof) had not originally been contained in these Terms. Notwithstanding the foregoing, the KLIQPAY shall provide for an acceptable alternative provision in place of the provision so deleted, in its sole discretion which shall be binding on you without any contest or demur.

  1. SURVIVAL

You agree and confirm that the indemnities, confidentiality obligations, limitation of liability, disclaimer of warranties, and dispute resolution mechanism, shall survive the efflux of time.

  1. ASSIGNMENT

You shall not assign or transfer any of its rights, benefit, or interest in these Terms without KLIQPAY's prior written approval. However, KLIQPAY may assign these Terms to its affiliates/ Bank without Your consent. The Bank, upon such assignment, may, at its sole direction, terminate this Agreement and cease to make payments to you, if any.

  1. GRIEVANCE REDRESSAL AND GRIEVANCE OFFICER
  • In accordance with Information Technology Act, 2000 and the rules made there under, you can email to the Grievance Officer at: info@cipherwisp.com
  • You agree that you will inform the Customers, the provisions of the Customer Grievance Policy or as communicated by KLIQPAY from time to time.
  1. DATA PROTECTION AND PRIVACY
  • KLIQPAY is committed to protecting your personal information and ensuring your privacy. By using our services, you consent to the collection, processing, and storage of your data as described in our Privacy Policy. We may share your information with third parties as necessary to provide our services or as required by law.
  • You hereby agree and permit the Bank/KLIQPAY to use my personal information (including sensitive personal data) and to share the same with statutory/regulatory/law enforcement authorities and payment networks, for monitoring and/or reporting purposes.
  1. COMMUNICATION WITH KLIQPAY

You shall communicate by sending a written communication through registered post or courier at its registered office.