The words “you”, “your”, “yourself” "use" and/or "using" in this Agreement shall mean at any point in time an individual (a "User"), who satisfies the eligibility criteria prescribed by Payspoon from time to time, either directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy, transmit, receive or exchange data or communicate with the Service, or otherwise in any way uses, takes benefit from, takes advantage of or interacts with any function, service and/or feature of the Service, for any purpose. For the purposes of these Terms, the usage “we”, “our” and “us” shall mean Payspoon, and/or any third-party service providers engaged by Payspoon to render certain services.
Please read the Terms carefully and if you do not accept the terms, do not use the Service offered.
The “Account” means the account by which you can access and enjoy the Service. You will be eligible to create an Account only if you are atleast eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. If you are under the age of 18, you may utilise the Service of the site, only with the involvement and guidance of their parents and / or legal guardians.
We shall not be liable for any harm caused by unauthorized access of your account, theft or misappropriation of login details or One Time Passport (OTP), disclosure of your login details or OTP, or your authorization of anyone else to use your login details. You hereby agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your account or any other need to deactivate your account owing to security concerns. You hereby agree to ensure that you logout from the Services after each session. All content and instructions transmitted or received from anyone presenting your phone number and email address shall be deemed binding on you. You, the User, agree that you alone are responsible and liable for any and all actions taken via your account, whether or not made with your knowledge or authority. You agree to maintain the confidentiality of your credentials, phone number and email address carefully and acknowledge that any failure to keep it secure will enable others to engage in transactions through the Service for which you will be legally responsible.
By accepting the terms and/or registering to use the Service, you hereby agree that we shall be entitled to conduct any and all such identification and other verification checks from time to time that we may require and/or are required by the applicable laws and regulations and/or by the relevant regulatory authorities for use of the Service and our products generally and you agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction. You may open only one account.
Payspoon reserves the right to close or suspend your account at any time and for any reason. Without limiting the preceding sentence, Payspoon shall be entitled to close or suspend your account if:
a. Payspoon considers that you have used the Service in a fraudulent manner or for illegal and/or unlawful or improper purposes;
b. Payspoon considers that you have used the Service in an unfair manner, have deliberately cheated or taken unfair advantage of the Service or if your account is being used for the benefit of a third party;
c. Payspoon is requested to do so by the police, any regulatory authority or court; or
d. Payspoon considers that any of the events referred to in (a) to (c) above may have occurred or are likely to occur.
You hereby acknowledge and accept that the mere deletion of the Services from your device does not constitute termination of your Account with Payspoon. You agree that if you are desirous of terminating the Account, along with removal of your name and other associated details from Payspoon’s records, except such details that are mandated to be preserved under any Applicable Laws, you shall inform Payspoon with a written request to that effect. However, you hereby acknowledge that the termination of your Account or removal of your details by Payspoon does not constitute termination of your obligations, if any, to any third-party service providers/partners such as credit rating agencies.
The designs, UI/UX created and used for the Service along with the text, fonts, scripts, graphics, mockups, logos, photograph, interactive features and other creatives, and the trademarks, service marks and logos contained therein (Marks), are owned by or licensed to Payspoon, subject to copyright and other intellectual property rights under Indian Intellectual property rights law and international conventions. The Service is provided to you on as-is basis for your personal use only. Payspoon reserves all rights not expressly granted in and to the Service. All software used in the Service is the property of Payspoon or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Service is strictly prohibited except as otherwise permitted by law. You hereby agree to not engage in the use, copying, or distribution of the Service other than expressly permitted herein.
By accepting this agreement, you hereby grant your express consent to be contacted by us, our agents, representatives, partners, affiliates, at any contact number, or address, either electronic or physical, provided by you during the course of registration/onboarding. You hereby agree to be contacted through any mode of communication, without any limitation. You hereby warrant and represent that the contact details such address, email address or telephone numbers provided to us are in your own name and does not belong to someone else and such information is also complete, true and accurate. You hereby agree to inform us whenever any such contact information provided by you to us is no longer in use or is redundant. In addition to contacting you by email or call we may publish information, notices, on the Service and You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
You hereby represent and warrant that:
a. the use of the Service will comply with all the applicable local, state, national or international laws (Laws) and will not violate any law, regulation, or contractual obligations;
b. you shall not use the App for any purpose that is unlawful under any applicable laws and/or in violation of the terms of this Agreement;
c. any and all operations originating from your Account, Device or IP Address shall be assumed to have been initiated by you, under your knowledge;
d. you shall not attempt to or facilitate an attempt to reverse engineer our technology that is available on the Services.
e. you shall be solely responsible for any and all such activities that occur in your Account without any recourse to Payspoon. You hereby agree to inform Payspoon of any suspected or on-going unauthorized use of the Account. Under any circumstances, Payspoon shall not be liable for any loss to you, arising out of any breach or unauthorized access. You hereby waive your right to claim any damages in the event that there was any negligence on your part in securing your account or failure to inform Payspoon about such loss or theft of Device or unauthorized access, within a reasonable time;
f. you shall be liable for all losses incurred by Payspoon or any other party due to unauthorized access to your Account or by any third party’s use of the Account. Under no circumstances shall you use any other person’s account at any time, without the obtaining the prior permission of both the account holder and Payspoon.
g. you grant Payspoon a voluntary, unequivocal and informed consent to your personal data or financial information (including such data as may be designated as ‘personally identifiable data’ under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 or other applicable law), to securely process, disclose or transfer such data to third party entities;
h. you will not misuse the Service and acknowledge and understand that “misuse” includes, but is not limited to using the Service in any manner that (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) unsolicited advertising and messages, promotional materials, junk mail, spam etc; (c) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) is racially or ethnically offensive and encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (g) send or store material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restrict or inhibit any other person from using the Service; and (vi) falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity;
i. in order to avail the Service, you hereby authorize us to access third party sites or services, on your behalf, to retrieve or authenticate such information as requested by you.
You shall be solely responsible and be the sole owner for all contents that you upload, transmit, share or display on the App stores from where you can download the app (collectively the Contents) including but not limited to any photos, profiles (including your name and image), messages, GPS location, information, text, video, music, third party links. Payspoon does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any contents you upload and you shall be solely responsible for and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You agree to indemnify, defend and hold harmless, Payspoon, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any and all claim, proceeding, loss, damage, liability, cost, demand or expense of any kind arising out of the content you post.
Your use of the Service is subject to all the applicable local, state, national laws and regulations and, in some cases, international treaties that are relevant to your current location. You are responsible for all activities, acts and omissions that occur in, from, through or under your username or phone number or email address. You shall not use, allow, or enable others to use the Service, or knowingly condone use of the Service by others, in any way that is, tries to, or is likely to violate any laws, regulations (including, without limitation, laws regarding gambling), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the site, other Users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is contradictory with the terms and conditions of this Agreement.
Any violation of these above terms and conditions will leave users liable to having their accounts terminated. The above statements are taken very seriously by Payspoon and violation of these statements will not be tolerated.
Under no circumstances whatsoever will Payspoon be responsible for any wireless email or text messaging charges incurred by a User or by a person that has access to a user's wireless device, telephone number, or email address. You understand, acknowledge and agree that we may, at our sole discretion and without liability to any user, terminate our offer of any specific wireless marketing service or all wireless marketing services at any time without any advance notice.
Payspoon hereby grants you a limited license to use the Service only for the purposes of accessing, viewing and using the Service for non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes whatsoever. You must not change, delete or conceal any copyright or other notices contained in the Service, including notices on any service or material you download, transmit, display, print or reproduce from the Service. You shall not, nor will you allow any third party to reproduce, change, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any material on the Service without the express prior written consent of Payspoon. Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under the applicable laws.
and the Service is being provided for use to you with a limited warranty. Payspoon
The App and Website is being provided for use to you with a limited warranty. The App and Website, is provided on an “as is” and “as available” basis without any warranties of any kind, and the company expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, quality, accuracy, timeliness, completeness, correctness or reliability. Payspoon makes no warranty that (i) the App and Website will meet your requirements, (ii) the App and Website will be uninterrupted, timely, secure, virus-free or error-free, (iii) the results such as style recommendations that may be obtained from the use of the App and Website will be accurate or reliable, or (iv) the quality of any services, information, or other material purchased or obtained by you through the service will meet your expectations. No information, advice or services obtained by you from Payspoon shall create any warranty not expressly stated here. Payspoon makes no warranties or representations about the accuracy or completeness of this Service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the use of the Service or through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. Payspoon does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service.
Payspoon, its directors, employees or agents be liable to you or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of the Service, or following a failure, suspension or withdrawal of all or part of the Service at any time, any third party content, software or functions used in connection with the App even if Payspoon or any or all of its agents have been advised of the possibility of such damages.
Each Party confirms and agrees that it shall at all times during the subsistence of this Agreement comply with the provisions of the Information Technology Act, 2000 and the applicable rules thereunder including without limitation the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
Payspoon reserves the right to update/modify the Terms periodically, without notice. All changes will be published on the Service. The most up to date Terms will be available on the Service. If any change is unacceptable to you, you should cease using the Service and/or terminate your account. If, however, you continue to use the Service after the date on which the changes to the Agreement come into effect, you will be deemed to have accepted those changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India. The courts of Ernakulam, Kerala shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).