Payment Gateway – Terms & Conditions (T&C)
By accessing & using this link, you (“User” as defined in the IU Regulations 2017, Clause 2 (1) (s)) confirm that you bind yourself by these T&C. By authorizing a payment to National E-governance Services Limited – NeSL (“company”) through the online payment service (“the service”), it would be treated as a deemed acceptance to these T&C. The Company may from time to time, at its sole discretion, alter, amend, modify or withdraw these T&C including but not limited to comply with the changes in law or regulation, to correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope & nature of the services, without any prior notice. Payment(s) through this Service may only be made with a Credit Card, Debit card or Net Banking and the transaction shall be in Indian National Rupees (INR). It is the sole responsibility of the User to ensure that the information entered in the relevant fields are correct.
The User agrees that his/her personal data including details relating to debit card/credit card/net banking transmitted over the Internet may be susceptible to misuse, hacking, theft &/or fraud & that the Company has no control over such matters. The Company shall not be liable for any inaccuracy, error or delay in, or omission of any data, information or message, or the transmission or delivery of any such data, information or message; or any loss or damage arising from or occasioned by any such case. The Company reserves the right to immediately & without prior notice to the User, refuse, withdraw or temporarily suspend, the payment gateway service, or any part thereof, if the User fails to comply with its obligations; if advised to do so by any Bank; if fraud or the inability of User to meet charges is suspected; if the User is suspected of not meeting security standards set out by the Bank or a service upon which the Payment Gateway relies is unavailable. The User waives his/her right to take any action in respect of any damage or loss sustained no matter how, arising from the payment gateway’s cancellation or suspension of the User’s services in accordance with this agreement.
The Company shall use its best efforts to process the payment gateway transactions made using any card conforming to the standards established by the Government of India. The Company accepts responsibility for the security of cardholder data in their possession & commits to take the necessary precautions & security measures to keep the data secure. The Company shall not be any way responsible or pay any compensation for any down-time that may occur. The User shall not be entitled to any compensation from the Company in the instance that the acquiring bank withdraws its access. The Company may at its sole discretion, delay or reject payment processing of suspicious transactions or transactions which it may believe involves fraud, misconduct or violate applicable laws. The Company is entitled to record any communications between the Company & the User & any such recording may be used as evidence in any proceedings or disputes.
The User undertakes to comply with all reasonable directions relating to the Payment Gateway including implementing an interface to the specification provided; & to comply with all technical, security & privacy standards set out by the Company & provide evidence of compliance to authorities on request. The User shall provide correct information to the Company for availing the Service. In case of any discrepancy, in this information, the Company will not be in any way responsible. The User authorizes the Company to store certain bank account related information like card number, card expiry date, date of birth, any other similar information at the time of registration. The User shall always maintain the secrecy of the PIN & other bank account related information. The User shall ensure that there are sufficient funds in the User’s account for the purpose of carrying out transactions. The User acknowledges the fact that there could be connectivity problems or usage policies related to telecom networks due to which sessions opened with the Company may get dropped before a transaction is completed. The User shall be responsible for all transactions, including unauthorized/ erroneous transactions made by his/her mobile phone, SIM card & PIN regardless of whether such transactions are in fact authorized by him/her, & any losses occurring thereof. The User confirms & agrees that the Company shall not be held liable in any way for disturbances, technical or otherwise in the network, phishing & non-receipt &/or User disclosure to an unauthorized third party.
The Company will maintain the confidentiality of each transaction & will not collect or otherwise deal in commercially sensitive information, except to the extent necessary for the services. Any financial or ancillary information pertaining to you shall not be the property of the Company & the Company will not use the financial information in any other manner than that agreed to by you, in accordance with this clause. The data will neither be made accessible to third parties nor transferred in any form or manner unless required by law. Information related to payments using debit or credit card is not accessed or stored by the Company. This clause shall not apply where confidential information enters the public domain and shall not prohibit the disclosure of confidential information to professional indemnity insurers or advisers, where it is necessary to: comply with the law or other legal obligations; enforce or apply these T&C; protect rights or preserve the safety of the Company’s Users. Any confidential information, if an object of intellectual property right, belonging to either party, shall remain with their respective ownership. This may include exchanging information with other companies & organizations for protection from potential fraud.
No warranty, representation or guarantee, express or implied, is given by the Company in respect of the operation of this gateway. There is no guarantee as to the accuracy of Information provided on the website although all efforts have been made for the same at time of inclusion of Agreement. No representations are made by the Company, for itself & any third-party providing information or content to this website, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
In no event, the Company will be liable for any damage, cost (including legal costs), consequential damage of any kind, direct or indirect losses or expenses arising in connection with site/ gateway or use thereof, inability to use by any person, delay of operation or transaction, computer virus, etc. No liability lies on part of the Company to any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential, punitive damages, that arises from or connected with the site, or incur as a result of the Company taking any of the actions described under these T&C, or in case of circumstances beyond the control of the Company including, but not limited to fire, casualty, breakdown, communication line failure, power failure, lockout, strike, unavoidable accident, act of God, terrorism, riot, war or other enactment, issuance or operation of any adverse governmental law, ruling, regulation, order or decree, or emergency that prevents the Company from operating normally.
Waiver & Indemnity:
The Company or any of its third party Companies & processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in express writing. No delay or omission on the part of the Company, in exercising any rights or remedies shall be deemed to be a waiver of such rights or remedies, or infringement of any intellectual property or the other right of anyone by you or by any other User of your account. The User shall indemnify & hold harmless the Company against any loss or damage and costs that may be awarded or agreed to be paid to any person in respect of a claim or action arising in respect of any breach of these T&C;
Governing law & Dispute Resolution:
These T&C are governed by the laws of India & the competent courts at Bangalore shall have exclusive jurisdiction. Any dispute, difference, controversy or claim arising between the Parties out of or in relation to, or in connection with these T&C, or the breach, termination, effect, interpretation or application of these T&C or as to their rights, duties or liabilities hereunder, shall be settled by the parties mutually at the Grievance Redressal Committee set up by the Company in accordance with the Clause 12 of the IU Regulations 2017. If unresolved, the same shall be settled by way of arbitration proceedings in accordance with the Arbitration & Conciliation Act, 1996, or any subsequent amendment thereto in English, at Bangalore by a sole arbitrator appointed on mutual consent within 30 days from the request of either party. The decision of the arbitrators shall be final, conclusive, binding & enforceable.