- “Novopay Solutions Private Limited” or “NP” will mean Novopay Solutions Private Limited, a private company registered under the Companies Act, 1956 having registered address at 18/2A, GRS Towers, Second Floor,Above Spencer’s Hypermarket, Sarjapur Road,Bangalore-560102, Karnataka;
- “Card Member” or “Member” means a person holding a Valid Card and makin payment using a Valid Card;
- “Card Organization” includes VISA, MasterCard, Rupay(NPCI) and any other card organization as acceptable to NP presently or in future, offering credit, debit or any other card program to Issuers;
- “Cash @PoS”/ “Cash Withdrawal at PoS” is payment of cash by the Novopay Retailer to the card member as per RBI guidelines circulated from time to time;
- “Card” means means a credit/debit card or a Prepaid wallet Bank under a Card Program which will function as
(1) an ATM card requiring a PIN to validate Cardholder’s identity for access to ATMs,
(2) a debit/prepaid card which may be used at merchant locations that are equipped to accept PIN based cards, and
(3) as a debit/prepaid card which will function on either the VISA or MasterCard or Rupay payment networks.
(4) E Wallet/ M Wallet or such other prepaid Payment Instrument covered under Reserve Bank of India (RBI) guidelines
- “Cardholders” will mean holders of valid Cards;
- “Issuer” means any organization(s) issuing a Card,Wallet or any kind of Prepaid Instrument
- “POS” a device (including PSTN terminals, GPRS terminals and MPOS) which accepts Card data for payments;
- “Law” will include all applicable statutes, enactments, acts of legislature, laws, ordinances, rules, bye-laws, regulations, guidelines, directions, directives and orders of any government, tribunal, board, court or recognized stock exchange and applicable international treaties and regulations, in force at the relevant time, and having the force of law;
- “Licensed Rights” will mean the distinguishing characteristics of the System include, without limitation, the names and marks together with such other trademarks, service marks, trade symbols, emblems, designs, slogans, insignia and copyrights as NP has or may hereafter acquire or develop and designate for use in connection with the System.
- “Novopay Wallet” is a prepaid instrument issued by Novopay in partnership with a Bank
- “Wallet holders” will mean holders of Novopay/Third Party wallets
- “Novopay” or “System” will mean the payment solution that provides the Suite of Services (as defined below);
- “Novopay Retailer” will mean the merchant, agent and/or Business Correspondent who has licensed the use of the application and pursuant to these terms and conditions provides Novopay Services at his/her premises(Novopay Retailer Outlet);
- “Novopay Services” will mean the set of services offered by the Novopay System;
- “Suite of Services” will mean the suite of services forming part of the System. This suite of services may be updated from time to time by NP with prompt notification to the Novopay Retailer;
- “Novopay Retailer Outlet” will mean the premises of operation of the Novopay Retailer
- “Partners” will mean the entities that Novopay partners with for the provision of the Novopay Services
- “Payment Instruments” will mean all types of modes of payment such as Novopay Wallet, Credit Cards, Debit Cards, or any type of Prepaid Instrument
- “RBI” will mean the Reserve Bank of India as established by the Reserve Bank of India Act,1934.
- The Novopay Services offered by the Novopay Retailer are as set out in the document specific to each Novopay Retailer.
- The nature of services may be added/ modified based on market needs.
- The details of the commission payable to the Novopay Retailer and charges due for services will be provided through a separate letter. Any change in the commission details will be communicated by way of the System or a separate letter.
- Where commissions are due, NP will withhold applicable taxes and pay the balance to the Novopay Retailer.
- LEGAL AND REGULATORY COMPLIANCE
- NP grants to the Novopay Retailer a non-exclusive license to use the Novopay System to operate and deliver the Suite of Services.
- The Novopay Retailer will operate the System and his operations as a Business Correspondent in compliance with relevant Law, including but not limited to the relevant rules and regulations as prescribed by RBI (as amended from time to time).
In addition to the obligations set out elsewhere in this Agreement, the Novopay Retailer undertakes to operate the System and its operations at the Novopay Retailer Outlet in accordance with the Novopay Retailer Guidelines.
NP will PROVIDE:
- Such assistance, training and services as NP, in its discretion, determines is required by the Novopay Retailer including assistance by way of planning and implementation of market development and promotional programmes, in the manner it so chooses. The Novopay Retailer understands that such training and services may require payment of fees as may be separately communicated.;
- Such other resources and assistance as may hereinafter be developed and offered by NP to its other outlets/transaction points , if any;
- A sign board using the Licensed Rights for displaying outside the shop in a prominent manner and a set of customer information display material for display outside and inside the store;
- The use of literature, brochures and basic technical data and training aids as may be deemed fit and revised by NP from time to time;
- Both Parties recognize and acknowledge that the maintenance of proper records of the transactions carried out by a Novopay Retailer and onsite inspection of a Novopay Retailer’s premises and records are prerequisites towards obtaining approval for appointment of Novopay Retailers by NP or NP’s Partners.
- NP, its Partners or any other person on behalf of NP may conduct an on-site inspection of the Novopay Retailer Outlet, at any time. The Novopay Retailer undertakes to maintain up to date, accurate and true records and required registers in compliance with applicable Law and Novopay Retailer Guidelines.
In order to maintain uniform standards of appearance, operation and standards, the Novopay Retailer hereby covenants, undertakes and agrees with NP as follows:
- to operate the System and its operations at the Novopay Retailer Outlet in accordance with applicable Law and the Novopay Retailer Guidelines to have the Novopay Retailer Outlet open and operating for the time period as stipulated by the relevant laws.
- to observe such requirements with respect to use of NP and Novopay’s Licensed Rights. The Novopay Retailer will always and unequivocally mention and state that the Novopay Retailer is a retailer of the System.
- to authorise NP to raise invoices on its behalf.
- to deduct the Merchant Discount Rates (as agreed with NP) when making the final settlement to Novopay Retailer‘s wallet and or Bank Account as communicated by the retailer
- to ensure security of cash maintained at the Novopay Retailer Outlet that will be used in the course of operations.
- to not deviate in any manner from the plans and specifications stipulated by NP.
- to conduct all transactions in Indian Rupees unless otherwise agreed.
Card specific Undertakings
- to honor and accept every valid Card when properly presented for payment for a transaction. The Novopay Retailer will not engage in acceptance or practices that discriminate against, or discourage the use of any valid Card in favour of any other Card or any other payment mode. The Novopay Retailer will not, of his own accord, levy any charges on the holder of any of the above mentioned payment instruments for permitting the customer to use a valid payment instrument. The Novopay Retailer will not place any minimum transaction limit for using a valid Card unless specified by NP.
- To conduct the transaction such that after ensuring that the instrument is a valid Card instrument , swipe the card on the PoS terminal or enter the details of the prepaid instrument on the Novopay app and enter the details of the transaction as displayed and ensure that applicable Reserve Bank of India guidelines are followed. Where relevant, the Novopay Retailer will ensure entering of PIN by the payment instrument holder and to ensure that while entering of PIN sufficient privacy is given to the payment instrument holder.
- To make best efforts to recover and retain any card:-
- in respect of which a request has been made by a Card Organization to recover the card; or
- which the Novopay Retailer has sufficient and reasonable grounds to believe to be counterfeit, fraudulent or stolen.
- to promptly notify NP of any such recovery and retention and deliver the card so recovered to NP/ Card Organization within 24 (Twenty-Four) hours of such recovery and retention.
- to permit NP through its banking Partner for installation of the PoS terminal/device at his premises and for de-installation of the PoS terminal in case of de-boarding at the registered address herewith. Prior to such installation, the details of the locations will be provided by NP in writing to the relevant Partner.
- to ,under no circumstances, adopt unethical transaction practices such as doing transactions with his own card, doing transactions without a valid purchase etc.
- to,under no circumstances, shift the equipment from its designated location without prior consent of NP.
- To immediately notify NP about any changes in the contact details like address, phone /mobile number, email id etc., for updating in NP’s records. NP will not be responsible for any loss to the Novopay Retailer due to non-informing NP for any change in communication details.
- To ensure that authorization in respect of charges will be obtained by swiping/dipping the valid Card using the PoS terminal (online authorization) provided /or by inputing the number of prepaid instrument in case of Novopay Wallet as approved by NP. If the Novopay Retailer accepts charges without authorization/printing of charge slip, neither NP nor the relevant Partner will be responsible for such charges or any part thereof.
- To, under no circumstances, split the swipe/transaction amount for a single purchase into 2(Two) or more transactions/charge slips.
- By presentation of the Charge Slip(s) (or its equivalent electronic version), the Novopay Retailer represents and warrants that:
- No other Charge Slip has been or will be issued or presented in respect of the same transaction.
- The relevant Charge Slip represents a genuine business Transaction undertaken by a Card Member using a valid card.
- To ensure that in case of unsettled (open) transactions, Novopay Retailer will settle the transactions at the end of the day+1. Non settlement of transactions for more than 3 days from the date of transaction attracts a penalty of 0.50% over and above the agreed MDR payable in terms of VISA/MasterCard/Rupay guidelines or Rs.500/- whichever is higher. It is also understood that such penalty may be changed, with or without prior notice, as per regulatory/Card association guiudelines from time to time.
- To settle the transaction in any case before 7 days failing which Novopay Retailer loses the claim on the unsettled amount. In case the Novopay Retailer is unable to settle the transaction due to software/ hardware issues, he needs to log a complaint with NP within one hour of any such complaints.
- To understand the period of unsettled transactions and interchange are subject to change as per Card Organization/Bank/RBI/Rupay/Novopay Merchant Servcies etc. and will be notified to the Novopay Retailer from time to time.
- To not at any time or in any manner misuse or use the Licensed Rights contrary to the specifications of use.
- To cooperate with NP in preventing infringement of the System and the Licensed Rights including taking such action as may be necessary in defence of NP.
- To not have or acquire any right or interest of any kind in, or in any part of, the Licensed Rights of NP or Novopay used or applied by the Novopay Retailer under the provisions of this Agreement.
- ACCEPTANCE OF CHARGES WITH RECOURSE-CHARGEBACKS
The Novopay Retailer agrees that any charges accepted by itself, which proves to be uncollectable, and which was incurred in any of the following circumstances will be the exclusive financial responsibility of Novopay Retailer. The Novopay Retailer agrees to the non-payment of such charges or the chargeback debit of such uncollectable charges (as the case may be) by Novopay, without any demur or protest:
- Any charge which is not a valid charge and/or which is made by a payment instrument, which is not a valid instrument at the time of incurring of the charge by the holder.
- Any charge incurred outside the territory authorized for the use of a valid Payment Instrument
- Any charge incurred involving the forgery of the Card holder signature/Wallet Holder PIN on the Charge Slip/Novopay Application and/ or where Novopay or its Bank reasonably believes the transaction to be irregular and/ or fraudulent.
- Any charges for merchandising or services in an amount in excess of the advertised price.
- The Payment Instrument presented to the Novopay in respect of the transaction was listed in a warning list or any other communication or advice from time to time.
- Any charges with respect to which a Payment Instrument holder refuses to pay because the merchandising or services purchased from Novopay were not delivered or are not as promised or the merchandise was defective or services deficient in any respect subject to VISA/MasterCard/Rupay/Novopay Dispute Resolution Rules.
- Charges which the Card Organization/Novopay disputes or reports as a retrieval request/fraud/chargeback.
- There is a violation of the terms and conditions in relation to a transaction or any Novopay Retailer operating instructions/guidelines.
- Change of business activity/ business name/ business location without informing Novopay
- If, at any time, NP determines that the Novopay Retailer has not complied or conformed to the terms herein, NP will, upon giving the Novopay Retailer fifteen (15) days’ prior written notice to remedy / rectify the same, may direct the Novopay Retailer to suspend operations and use of the System.
- In the event, the Novopay Retailer does not comply, NP will have the right to obtain an injunction from a Court of competent authority against such continuing non-compliance, non-conforming with and/or operation of the Novopay Retailer Outlet and the Novopay Retailer hereby consents, and will not object, to any such injunction proceedings, if any, initiated by NP.
- Notwithstanding the grounds set out in clause IX above; the occurrence of any of the following events will constitute a default by the Novopay Retailer under this Agreement:
- If the Novopay Retailer misuses/misrepresents the System or any of the Licensed Rights of NP or of Novopay , or otherwise impairs the goodwill associated therewith or NP’s rights or interests therein;
- If the Novopay Retailer allows the operation of any other Business Correspondent or any other competing business of NP in the same outlet as committed for the Novopay Retailer;
- If the Novopay Retailer fails to remit any payment or part thereof when due to NP;
- If the Novopay Retailer assigns or allows any unauthorised persons to operate the System;
- If the Novopay Retailer will be in default under any lease or sublease of the Novopay Retailer Outlets’ site / premises or loses the right to possession thereof for any reason whatsoever;
- If the Novopay Retailer makes, or has made, any misrepresentation to NP in connection with this Agreement or in conducting the business licensed hereunder;
- If the Novopay Retailer defaults in performance of any other obligation under this Agreement;
- If the Novopay Retailer Outlets ceases operations, without the written consent of NP, for any reason for a period of more than seven days except as a result of Act of God;
- If the Novopay Retailer, or any other person controlling, controlled by, or under common control with the Novopay Retailer, will be adjudged insolvent or tried or convicted under any Law
- Upon the occurrence of any the events set forth in Clause VI c. above, NP may, without prejudice to any other rights or remedies contained in this Agreement or provided by law or equity, terminate this Agreement. Such termination will become effective after written notice is given by NP to the Novopay Retailer.
- Notwithstanding anything contained in this Agreement, the Novopay Retailer will be entitled to terminate this Agreement by giving to NP not less than thirty (30) days’ prior notice in writing of its intention to do so and the cause for which the termination is occurring. At any time, NP reserves the right to waive such notice period.
- Upon giving the notice of termination, as set out in Clauses VI a. or c. above, or upon termination of this Agreement for any reason, or upon expiration of the term hereof the Novopay Retailer agrees as follows;
- To immediately cease to carry out all the NP business platform transactions;
- To forthwith cease and desist from using the System and the Licensed Rights or other rights & procedures or methods of NP or similar thereto;
- To return all material in relation to the Licensed Rights, all information including operational manuals, data, instructions, literature, directions, and all other manuals, plans and specifications, designs, records, samples, models, programmes, handbooks, or drawings touching or concerning NP’s operations or business, without retaining any copies by the Novopay Retailer;
- To cease and forthwith desist from holding itself in any way as a Novopay Retailer of NP or to show anything which would indicate any relationship between it and NP;
- To permit NP’s representatives/agents/employees to enter the Novopay Retailer’s premises and to remove or permanently cover all signs or advertisements or effects identifiable in any way to NP’s name or image;
The Novopay Retailer acknowledges that during the pendency of this Agreement, it will have access to proprietary information and trade secrets and or information concerning the business or financial affairs of NP and or of NP’s Partners (the “Confidential Information”). The Novopay Retailer agrees and undertakes to treat the Confidential Information as strictly secret and confidential and the Novopay Retailer will, not without NP’s prior written consent, disclose or divulge the same or any part thereof to any person or otherwise make any use of the same. This confidentiality covenant will survive the termination of this Agreement without any limit in point of time.
- The Novopay Retailer understands and agrees that NP retains the right to transfer all assets, including the technology, in relation to the System to any party it so deems fit (the “Transferee”) and upon such transfer, the obligations, rights and duties owed by the Novopay Retailer towards NP pursuant to this Agreement will stand transferred to the Transferee. For the avoidance of doubt, it is clarified that upon such transfer being effective, the relationship between the Novopay Retailer and NP will stand terminated.
- The Novopay Retailer understands and agrees that the responsibilities, rights, obligations and interests accruing to him pursuant to this Agreement are not transferable.
The Novopay Retailer hereby agrees to indemnify NP, and keep NP indemnified and hold NP harmless against all damages: actions, proceedings, costs and expenses incurred by NP as a result of, or in consequence of, arising from, or otherwise connected with any default, failure or non-compliance or contravention by the Novopay Retailer, in relation to the System (including maintenance and operation of the Novopay Retailer Outlets by the Novopay Retailer) and or the Licensed Rights.
In addition, the Novopay Retailer will indemnify (and not hold Novopay or its Bank responsible), and hereby keeps Novopay and the Bank indemnified and harmless from and against any claims, Chargebacks, demand, action, suits or proceeding, liabilities, losses, costs, expenses, taxes, legal fees, fines, penalties or damages asserted against or incurred or suffered by Novopay or his Bank on account of acts or omissions of Novopay Retailer in connection with the sale of goods and/or services (by Novopay Retailer), the performance of this Agreement, breach of a contract or duty by Novopay Retailer , misuse of the PoS terminal/Novopay Application or any other device provided/approved by Novopay, Novopay Retailer’s failure to observe any of the procedures, requirements or obligations to be complied with in accordance with the Rules/ by-laws or regulations of any Card Schemes/RBI, negligence or fraud of any employee/servant/contractor etc. of Novopay Retailer, any of the representations or warranties of Novopay Retailer becoming false or untrue or on account of any dispute of Novopay Retailer with any customer or other third party.
Novopay Retailer and not Novopay or its Bank will be responsible for the payment of any non-compliance fines or other penalties resulting from non-completion or non-compliance of the PCIDSS validation program or any other security standards as laid
- CHEQUE CASHING, CASH ADVANCES AND/OR CASH REFUNDS
- Novopay Retailer will not allow or make any cash advances and/or cash refunds directly to the Card Members/Wallet Holders and further that Novopay or its Bank will not be responsible or held liable for such actions except for making transactions under Cash at PoS
- Cash @ PoS: Disbursement of cash to the maximum limit prescribed by RBI under the Cash @ PoS scheme at identified Novopay Retailer Outlets. Novopay Retailer needs to accept the terms and conditions under for doing the same.
This Agreement will come into force from the date of this Agreement and remain in force for a period of 1 (One) year. NP may, however reappoint or renew based on business performance, by issuing a renewal letter signed by an authorised representative of NP, before expiry of the agreement.
If the Novopay Retailer wishes to renew his, you will be required to comply with the terms and conditions as will be made available on the renewal application
All notices required to be provided for by or under this Agreement will be given in writing by pre-paid registered post, or by hand or courier or by registered mail and will be forwarded to NP or the Novopay Retailer at the addresses set out below unless other address has been specified by a party hereto by written notice thereof to the other party.
To Novopay Solutions Private Limited
2nd floor, No 18/2A, GRS Towers
Above Spencer’s Hyper market,
Khata No 629, Ambalipura Village,
Sarjapura Main Road, Bellandur Gate
(Varthur Hobli), Bangalore East Taluk,
Bangalore – 560 102
To Novopay Retailer
To the Address as available on the records of NP
NP will not be liable for any errors, misrepresentations or false entries by the Novopay Retailer with respect to the System.
NP is not liable in case of loss of cash from the Novopay Retailer Outlet.
Under no circumstances will NP, its officers or directors be liable to the Novopay Retalier or anyone else for any loss or injury or any direct, indirect, special or other consequential damages arising out of or in connection with the use of the System, and the operations as a Novopay Retailer.
Without limiting the generality of the foregoing, NP’s total aggregate liability arising from or related to your operations as a Novopay Retailer whether in contract or tort will not exceed Rs.1000/- (Rupees One Thousand only).
- GOVERNING LAW AND JURISDICTION
This Agreement is governed by and will be construed in accordance with the laws in force in India and the Courts at Bangalore, India will have exclusive jurisdiction to try disputes arising under this Agreement. Each Party waives any right it has to object to an action being brought in those courts including by claiming that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction
EXTRACT OF MOBILE APPLICATION
END USER LICENSE AGREEMENT- Version 1.0
Please see below an extract of EULA- Version 1.0.
In case of any discrepancy between this extract and the version of the EULA as displayed on the application, the latter will prevail over this extract.
PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE CLICKING THE “ACCEPT” BUTTON, DOWNLOADING OR USING THE MOBILE APPLICATION (“APPLICATION”) ACCOMPANYING THIS LICENSE. BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY TERMS OF THIS AGREEMENT.
IF YOU DON’T AGREE WITH THE TERMS OF THE AGREEMENT, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD THE APPLICATION.
The Agreement is in addition to any other written agreement, contract, communication or arrangement that has been/will be entered into or executed between the Company and yourself (collectively the “Master Agreement”). The Master Agreement will contain detailed provisions with respect to the rights and obligations of both the parties as well as the guide to use the Application. In case of any conflict between the provisions of this Agreement and the provisions of the Master Agreement, the provisions of the Master Agreement will prevail over this Agreement and the same will be binding on both the parties.
The Application is licensed, not sold, to you by Novopay Solutions Private Limited, a company incorporated under the provisions of the Companies Act, 1956 and has its registered office at #18/2A,GRS Towers, Second Floor, Above Spencer’s Hypermarket, Sarjapur Road, Bangalore-560102, Karnataka (the “Company”) for use strictly in accordance with the terms and conditions of this Agreement.
The Company grants you a revocable, non-exclusive, non-transferrable, limited right to install and use the Application on a mobile telephone or other device controlled by you (a “Mobile Device”), and to access and use the Services on such Mobile Device strictly in accordance with the terms and conditions of this Agreement.
You agree that Company may collect and use data and related information, including but not limited to information about and on your Mobile Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. The Company may also use this data, in any matter it deems fit, to improve any of its products, services or technologies.
You will use the Application strictly in accordance with the terms and conditions of the Agreement and will not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Application; (d) remove or alter any proprietary information of the Company or affiliates, partners, suppliers; (e) use the Application for revenue generating endeavour or commercial enterprise or any other purpose of which the Application is not designed or intended; (f) make the application available over a network or other environment permitted access or use by multiple Mobile Devices or users at the same time; (g) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way substitute for any services, product or software offered by the Company; (h) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail.
The Application is licensed, not sold to you. You acknowledge and understand that the Company owns all right, title and interest in and to the Application, including without limitation all intellectual property rights therein. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Application as downloaded by you.
All rights in the third party software, including all ownership rights are reserved and remain with such third parties. You agree that such third parties may enforce their rights against you directly in their own name. The Company is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to your use of any third party software.
- THIRD PARTY BENEFICIARIES
The Company reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes to this Agreement will be effective immediately for new users and thirty (30) days after due notification for current users. Registered users are encouraged to review this Agreement periodically for changes. If you do not wish to accept any change, please uninstall and discontinue using the Application. Your continued use of the Application following the thirty (30) day notice period constitutes your acceptance of those changes.
The information that the Application collects may be stored locally on your Mobile Device and may be transmitted to our servers in India and other countries where the Company, its affiliates or any of their service providers operate. The transmission of information over wireless and wired networks is not inherently secure. The Company uses many tools to help protect your personal information against unauthorized access and disclosure. However, we do not guarantee that your personal information or private communications will always remain private when using the Application
The Agreement is effective for an indefinite period of time, until the Company terminates it, or until you provide notice to the Company your decision to terminate it. Your rights under this Agreement will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement. The Company reserves the discretionary right to suspend, discontinue, enhance, update or otherwise modify the Application, or its availability to you, at any time without notice. Upon termination of the license to the Application, you will cease all use of the Application.
- WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
The application is provided on an “as is” basis, without warranty of any kind. to the maximum extent permitted by applicable law, the company disclaims all warranties, express, implied, statutory or otherwise, including but not limited to implied warranties of fitness for a particular purpose, merchantability, title, quality, and non infringement. the company expressly disclaims any warranties of any kind with respect to the accuracy, validity, or completeness of any information or features available through the service, or the quality or consistency of the service.
Under no circumstances will the company, its officers or directors be liable to you or anyone else for any loss or injury or any direct, indirect, special or other consequential damages arising out of or in connection with your access or use of, or inability to access or use the application, service and any information available thereon, even if the company has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy. Without limiting the generality of the foregoing, the company’s total aggregate liability arising from or related to your use of the application, service, whether in contract or tort, will not exceed Rs.1000/- (Rupees One Thousand only).
To the maximum extent permitted by law, you agree to defend, indemnify and hold the company and its officers harmless from any and all claims, suits, losses, liability, costs or expenses (including, but not limited to reasonable attorney’s fees) arising from or incurred as a result of your use of the application or any breach by you of this agreement.
The Company does not warrant that the Application will be compatible with your Mobile Device or any other piece of hardware, software, equipment or device installed on your Mobile Device. You acknowledge and agree that Company and its affiliates will have no liability for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
You acknowledge that you are solely responsible for addressing any third party claims relating to your use or possession of the Application, and agree to notify the Company of any third party claims relating to the Application which you become aware. Furthermore, you hereby release the Company from any liability resulting from your use of the Application, without limitation, the following (a) any product liability claims; (b) any claim that the Application fails to conform to any applicable legal and regulatory requirements; (c) any claim arising under the consumer protection or similar legislations.
This Agreement constitutes the entire agreement and understanding of the Parties with respect to usage of the Application and supersedes all prior agreements, written or oral with respect to such sale and transfer
If any provision of this Agreement or the application thereof to any person or circumstance will be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable will not be affected thereby, and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law.
This Agreement is governed by and will be construed in accordance with the laws in force in India and the Courts at Bangalore, India will have exclusive jurisdiction to try disputes arising under this Agreement. Each Party waives any right it has to object to an action being brought in those courts including by claiming that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.
Application Questions, Comments, and Contact Information.
If you have any questions, complaints and/or claims, you may contact the Company at:
Novopay Solutions Private Limited
#18/2A, GRS Towers, Second Floor, Above Spencer’s Hypermarket
Negative Categories List
LIST OF PROHIBITED & RESTRICTED ITEMS
(NEGATIVE LIST OF MERCHANTS)
Following items are not allowed to be sold by the Merchant using the Novopay Wallet. Please note that the Merchant and/or Company will be responsible for any legal issues and other liabilities arising if it tries to sell these below mentioned items at the Merchant Website or outlet, Novopay will in no way be held responsible for the same.
- Adult Material which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services;
- Alcohol including alcoholic beverages such as beer, liquor, wine or champagne);
- Animals and Wildlife Products – examples include live animals, mounted specimens, and ivory;
- Artifacts prohibited for sale;
- Beta Software;
- Bootleg/Pirated Recordings;
- Brand Name Misuse;
- Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam);
- Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free;
- Catalogue and URL Sales;
- Child pornography which includes pornographic materials involving minors;
- Copies of unauthorized Copyrighted materials whether in electronic or physical form or any other medium which may not be in existence at present;
- Counterfeit Currency and Stamps;
- Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
- Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
- Embargoed Goods and Prohibited Countries;
- Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction;
- Event Tickets;
- Firearms, Ammunition, Militaria and Knives;
- Fireworks, Explosives and Explosive Substances; toxic, flammable and radioactive materials and substances;
- Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
- Government IDs and Licenses which includes fake Ids, passports, diplomas and noble titles;
- Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property;
- Hazardous and Restricted Items;
- Human Parts and Remains;
- Items Encouraging Illegal Activity – examples include an eBook describing how to create methamphetamine;
- Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes;
- Multi level marketing collection fees;
- Copyright unlocking items that includes Mod Chips or other devices designed to circumvent copyright protection;
- Movie Prints;
- Offensive Material – examples include ethnically or racially offensive material or any literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred;
- Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals;
- Police, Army, Navy and Air force Related Items;
- Pre-Sale Listings;
- Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner;
- Promotional Item;
- Real Estate;