Welcome to PayClub's Terms and Conditions page. By accessing or using our website and services, you agree to comply with and be bound by the following terms and conditions. Please read these terms carefully before using our services
ACCEPTANCE
By accessing, signing up, or using the Platform or Services, you agree to abide by these Terms. You also agree to our Privacy Policy. By accessing or using the Platform or Services, you confirm providing valid credentials for identity verification. We reserve the right to limit, suspend, or terminate your access without notice if we believe you violate these Terms. To enhance account security and user experience, we may use monitoring technologies. Payclub may share your details with affiliates and partners, who may contact you for information and sales purposes via email, telephone, or SMS. You consent to receiving promotional materials and special offers from Payclub, its affiliates, and partners. You have the option to unsubscribe from these communications.
ELIGIBILITY
You must be 18 years or older to register or use the Platform or Services and be able to enter into legally binding contracts as per Applicable Law. To access or use the Platform or Services, you need a valid email address and Indian mobile phone number. Users who have been previously suspended or removed from accessing any Services are not eligible to use the Platform or Services. Users must not impersonate any person or entity, or misrepresent their identity, age, or affiliation. Each user may have only one active Account.
"Confidential Information" refers to all commercial, technical, and financial information of payclub or its affiliates pertaining to the agreements described in these Terms of Use, including Intellectual Property. This covers details about the business's finances and operations, as well as specifications, models, merchant information, reports, forecasts, data, computer programs, documentation, internal management, customers, goods, and services, as well as information about upcoming goods and services, processes, financial situation, workers, merchants, marketing strategies, experimental work, trade secrets, business plans, proposals, terms of customer contracts, payment to the user for services rendered, and other important and confidential materials that are treated as proprietary, whether or not they are so labeled.
"Registration Date" or "Effective Date" refers to the day the user registered for an account on the Payclub platform.The Terms of Use, Privacy Policy, Grievance Policy, and any other similar terms and conditions/policies that are published and periodically updated on the Payclub Platform are collectively referred to as "payclub Policies."
Intellectual Property" encompasses a broad spectrum of intangible assets resulting from intellectual creativity, which are legally protected by patents, trademarks, copyrights, and trade secret laws. These assets, owned by payclub or its affiliates, include but are not limited to inventions, designs, brand names, logos, written works, software code, artistic creations, proprietary processes, and confidential business information. Intellectual Property rights provide exclusive rights to the owner, enabling them to prevent unauthorized use or exploitation of their creations by others.
"KYC," or "Know Your Customer," refers to the procedure outlined in the applicable law for gathering and verifying the user's personal or company identity information prior to providing the user with services.
"Services" refers to the services that payclub and other Service Providers offer to Users who use the payclub Platform. These services can be rendered independently or via a Merchant, and they include banking and non-banking services.
Any banking or non-banking organization with whom payclub has, directly or indirectly, entered into a contract to facilitate transactions between that organization and its clients is referred to as a "Service Provider."
"Users" refers to any individual using the Payclub platform to access payclub services, including partnerships, limited liability companies, and all other body corporates.
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the User’s access to the Services provided by payclub:
i. DETAILS PROVIDED TO PAYCLUB
Users guarantee that all information submitted to payclub, including at registration and any subsequent interactions, is truthful, accurate, current, and comprehensive.
ii. ACCOUNT SECURITY
The Permanent Account Number ("PAN"), email address, and cellphone number of users will be used to identify their payclub account, which will be used to dispense services ("Account"). To safeguard their account, users are advised to use a strong password and Personal Identification Number (PIN). The user agrees to keep their PIN and password private. Under no circumstances will payclub or its service providers request a user's account password, PIN, OTP, or any other confidential information. A user must promptly update their PIN and password for their account if they have any cause to think that it is no longer secure. If the user is unable to protect their account or has good grounds to suspect that
iii. PRIVACY POLICY
The payclub Privacy Policy applies to any information obtained from Users in connection with the provision of payclub services, as well as information gathered by Merchants in carrying out their obligations under these Terms of Use or any applicable agreements.
Iv. THIRD PARTY SITES, PRODUCTS AND SERVICES
Payclub's Services and/or Platform may contain links or references to third-party websites or services ("Reference Sites") for the convenience of Users. Payclub does not control these Reference Sites and does not endorse them or the information, materials, products, or services they contain.
Any correspondence or business dealings between Users and Reference Sites are solely between the User and the Reference Site. Users access and use Reference Sites, including the information, materials, products, and services they offer, at their own risk.
You acknowledge and agree that Payclub is not liable for any loss or damage resulting from your use of or reliance on materials, products, or services on or available through Reference Sites. Payclub also has no liability for any acts, errors, representations, warranties, breaches, or negligence of Reference Sites, nor for any personal injuries, death, property damage, or other damages resulting from interactions with Reference Sites.
v. COMMUNICATION POLICY The User hereby accepts that:
Payclub may send transactional or non-transactional business communication via SMS, Email, or Push notifications to fulfill User requests or service their account. Even if a User opts out of marketing communications, they may still receive transactional and critical communication from Payclub.
Payclub will endeavor to provide notifications, and it is assumed that Users receive information sent by the Company regarding their use of the Payclub Platform or Services. Payclub is not obligated to verify the authenticity of recipients receiving alerts, and Users cannot hold the Company liable for any non-availability of notification services.
vi. LIMITATION OF LIABILITY
Payclub shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with your use or inability to use the Payclub Platform or Services In no event shall Payclub be liable for any damages arising from the conduct of any third party or the accuracy, completeness, or usefulness of any information obtained through the Payclub Platform or Services.
Furthermore, Payclub shall not be liable for any unauthorized access to or alteration of your transmissions or data, any material or data sent or received, or any transactions entered into through the Payclub Platform or Services.
These limitations of liability apply even if Payclub has been advised of the possibility of such damages. You agree that Payclub's liability, if any, arising out of any kind of legal claim in any way connected to the Payclub Platform or Services shall not exceed the amount you paid to Payclub for the use of the Platform or Services.
This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
vii. SECURITY OF YOUR ACCOUNT
1.The Information Technology Act, 2000 and its implementing statutes, which apply to the User's activities in accordance with these Terms of Use, must be followed. Regarding data security, administration, storage, sharing, and protection, the User also has to abide by all other laws, rules, and regulations. This covers a variety of data protection-related guidelines and regulations that might be passed into law and periodically enforced. Ensuring that every employee adheres to the same degree of compliance is another duty borne by the User.
2. The User affirms and warrants that it will not partake in any actions that contravene applicable laws and regulations. Furthermore, it commits to storing all financial data and other customer information exclusively within systems located in India. This data encompasses complete end-to-end transaction details and information collected, transmitted, or processed as part of message or payment instructions.
The User also recognizes and accepts that any account balance maintained on the payclub Platform will not accrue interest and may be forfeited by payclub if left unused for a period exceeding 365 days.
viii. INTELLECTUAL PROPERTY
All intellectual property rights pertaining to the Payclub Platform, including but not limited to trademarks, copyrights, patents, trade secrets, and proprietary information, are owned by Payclub or its licensors. Users are granted limited, non-exclusive, and non-transferable rights to use the Payclub Platform solely for personal or internal business purposes in accordance with these Terms of Use.Users are prohibited from reproducing, modifying, distributing, displaying, performing, or creating derivative works of any content on the Payclub Platform without prior written consent from Payclub. Any unauthorized use of Payclub's intellectual property may result in legal action.
ix. TERMINATION
following circumstances:
a) The User is in breach of these Terms of Use or any Payclub Policies.
b) The User is involved in or suspected of engaging in any restricted, illegal, fraudulent, or abusive activity.
c) The User provides incomplete, inaccurate, or false information, or if Payclub has reason to believe that the information provided is incomplete, inaccurate, or false.