Policies

Introduction:

The following are the TOS or terms of services for use of the services to be provided by Auropay ("Services"). Please read them carefully.

The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Services constitutes your agreement to all such terms, conditions, and notices.

The terms of services contained hereinafter ("TOS") shall apply to the use of the website www.auropay.net and any other linked pages, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by Aurionpro Payment Solutions Private Limited ("WE" or "OUR" or "US") (collectively, "WEBSITE").

Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website ("SERVICES")) (hereinafter referred to as a "USER", "SELLER", "YOU" or "CLIENT") shall be presumed to have read these TOS. It is clarified that the Privacy Policy (that is provided separately), form an integral part of these TOS and should be read contemporaneously with the TOS. Illegality or unenforceability of one or more provisions of these TOS shall not affect the legality and enforceability of the other terms of the TOS. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these TOS shall be binding upon the User.

Acceptance of Terms of Services ("TOS")

Welcome to Auropay. Auropay provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time on this page. In addition, when using particular Service, you shall be subject to any posted guidelines or rules applicable to such Service, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Unless otherwise specified by Auropay, all alterations, additions and deletions shall take effect automatically and be binding on and from the day they are posted on the website www.auropay.net. By continuing to access or use the Services, you will be deemed to have agreed to accept and be bound by such altered, added to or deleted TOS. If you do not agree to the alterations, additions or deletions, you should discontinue accessing or using the Services (other than those which have already been availed of by you prior to such alterations, additions or deletions).

You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI (the "KYC GUIDELINES") etc., that may be applicable to you in connection with your business and use of our Services.

SERVICES OFFERED

Subject to these TOS, Merchant Onboarding Policy, KYC Policy, Grievance Redressal Policy and Privacy Policy (collectively, "POLICIES"), Auropay offers the Services set forth on its web site: www.auropay.net

Schedule I also contains description of Services that are offered to Users by Auropay. These descriptions and process flows are set out in in Schedule I.

ELIGIBLE CUSTOMERS

In order to access and use the Services you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law to access the website or avail services displayed therein. Your use or access of the Website shall be treated as your representation that you are competent to contract and if you are registering as a business entity, then you represent and warrant that you have the authority to bind such business entity to the TOS. Without generality of the foregoing, use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872 and any amendments thereto. If you do not qualify, please do not access or use the Auropay Service.

If you are not a Resident Indian, you may access, use and avail of the Auropay Service only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the and service is based on the understanding and agreement that by accessing and using the website and service, you may be violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify Aurionpro against any liability incurred by Aurionpro in this regard.

CONDUCT OF USERS:

As a condition of your use of the Auropay, you warrant to Aurionpro that you will not use the service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions.

You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, RBI Master Direction - Know Your Customer (KYC), Information Technology Act, 2000 and the corresponding rules etc., that may be applicable to you in connection with use of our Service.

Aurionpro has no obligation to monitor the Service or any member's use thereof or retain the content of any member session. However, Aurionpro reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. Your use of the service is at your sole risk. The service is provided on an 'as is' and 'as available' basis. Aurionpro and/or its respective suppliers expressly disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, merchantability, fitness for any particular purpose, non-infringement or completeness. Specifically, Aurionpro disclaims any and all warranties including, but not limited to any warranties concerning the availability, accuracy, usefulness, correctness or completeness of information, and any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the TOS.
2. Aurionpro does not warrant or makes any representations regarding the use or the results of the Service in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your access and use of the Service.
3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from Aurionpro or through or from the service shall create any warranty not expressly stated in the TOS.
5. Although Aurionpro adopts security measures it considers appropriate for the offer of these Services, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorised access to the Service or any Member Accounts. Aurionpro shall not be responsible or liable if any unauthorised person hacks into or gains access to the Service or to your accounts; and you shall be liable and responsible for the same.
6. This disclaimer of liability applies also to any injury or damage caused by any failure of performance, delay in processing or transmission, error, omission, interruption, deletion, defect, computer virus, communication line failure, unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.
7. Aurionpro shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received, or not sent or not received, or any transactions entered into through the service. You specifically agree that Aurionpro is not responsible for any content, data, information sent using and/or included in the Service by any third party.

PROPRIETARY RIGHTS

Aurionpro owns or is licensed to use all Intellectual Property in the Services provided through Auropay. You may not use any of Aurionpro’s Intellectual Property for any purpose other than as may be required to use the Services. All content, data and information in relation to the Auropay including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Auropay Content"), are owned by Aurionpro in perpetuity. Aurionpro Content is provided to You on a "as is", "as available" and "with all faults" and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes other than as intended under these TOS, without the express prior written consent of Aurionpro. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these TOS unless expressly mentioned. Aurionpro reserves all rights not expressly granted in and to the Aurionpro’s Content, the Auropay Services, and these TOS do not transfer ownership in or license or any interest in any of those rights.

You shall not (i) reverse engineer, decompile, decipher or otherwise attempt to determine or modify the source code for the Software (ii) copy alter, modify or edit or make any versions of any portion of the Software (iii) use the Software for commercial time-sharing, rental, nor lease, lend, grant a security interest in, sublicense or otherwise transfer rights to the Software (iv) prepare any derivative or spin off works from the Software.

CONFIDENTIALITY:

"Confidential Information" means all information that an User may receive related to Aurionpro, its associates, customers, marketing prospects, directors, shareholders, business models, personal data, operational information and other similar type of proprietart information including all or any part of any information, data, analysis, compilations, notes, extracts, materials, reports, drawings, designs, specifications, data, graphs, charts, studies, memoranda or other documents, or materials relating to Aurionpro’s operations and business affairs, products and services (existing or planned), projects, technology, finances (including revenue projections, cost summaries, pricing formulae), clientele, markets, or those of its clients or customers, or any existing or future plans, market opportunities, forecasts or strategies in respect thereof; together with any ideas, concepts, formulas, methods, know how, trade secrets, designs, research, development or improvements, specifications, techniques, processes, algorithms, schematics, samples, computer programs, source codes, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, service and technical records, service strategies or operational techniques, methods or policies, product requirements, problem reports, analysis and performance information; customer lists, details of customers or suppliers, information relating to persons employed; or any other data of any kind relating to or created by Consultant for Aurionpro or which is derived from, contains, refers, reflects or leads to any of the above, but excludes information which:

is publicly available at the time of its disclosure; or

becomes publicly available following disclosure (other than as a result of disclosure by the Consultant or any other person contrary to the terms of this Agreement); or

is already known to or was lawfully in the possession of the Consultant prior to disclosure under this Agreement (as can be demonstrated by the Consultant’s written records or other reasonable evidence free of any restriction as to its use or disclosure prior to its being disclosed); or

following disclosure under this Agreement, becomes available to the Consultant (as can be demonstrated by the Consultant’s written records or other reasonable evidence) from a source other than the Aurionpro, which source is not bound by any obligation of confidentiality to such Aurionpro in relation to such information; or

is or has been independently developed by the Consultant (as can be demonstrated by its written records) by the Consultant without using or referring to the Confidential Information

Confidential Information shall not be deemed to be in the public domain merely because any part of said information is embodied in general disclosures or because individual features, components or combinations thereof are known to the public.

The User agrees to regard, preserve and keep as secret and confidential all Confidential Information of Aurionpro or its clients or any member of their group or contractor howsoever obtained.

LIMITATION OF LIABILITY:

Aurionpro shall not be liable for any indirect, exemplary, special, punitive, consequential or incidental loss, damage, claims, liabilities, charges, costs, expense or injury (including, without limitation, loss of use, data, revenue, profits, business and for any claims of User or customers of the User or other third parties claiming through the User) that may arise out of or be caused in connection with or result from User availing the services provided by Aurionpro.

INDEMNIFICATION:

The User further agrees to indemnify Aurionpro against all consequences, costs, loss, damages and/or other liability that Aurionpro may pay or suffer or incur or that may be caused due to or arising from any breach of any of terms, conditions, obligations and/ or restrictions by your use of Aurionpro’s services.

Notice

Notices as required under this TOS, applicable laws and regulations or for services rendered by Aurionpro shall be sent to the Users electronically via Internet. Data provided by Users shall be used for this purpose.

Governing Law, Dispute resolutions, Jurisdiction:

These TOS and any dispute or claim arising out of it shall be governed and construed in accordance with the laws of India and subject to sub-clause below the courts of Mumbai, India shall have exclusive jurisdiction to settle any disputes that may arise out of or in connection with the Agreement.

In the event that any dispute or difference arises, in connection with the interpretation or implementation or validity or otherwise arising out of or relating to this Agreement, the Parties shall first attempt in good faith to resolve such dispute through friendly consultations. Any dispute or differences arises, in connection with the interpretation or implementation or validity or otherwise, relating to this Agreement, if not resolved within thirty (30) days or such longer period agreed in writing of amicable consultations between the Parties, shall be referred to the single arbitrator mutually appointed by both the Parties. In the event Parties fail to agree upon single arbitrator then each Party shall appoint one arbitrator and then such two arbitrators shall jointly appoint third arbitrator. The decision of the arbitral tribunal shall be final and binding on the Parties. The arbitration proceedings shall be conducted as per the provisions of the Indian Arbitration and Conciliation Act, 1996 and such arbitration shall be conducted at Mumbai, India and the language of arbitration shall be English. The Parties shall be entitled (but not obliged) to enter judgment thereon in any one or more of the highest adjudicated courts having exclusive jurisdiction. Nothing in this Section prevents either Party at any time seeking injunctive or other equitable relief provided by Law. Each Party shall bear its costs and expenses.

Privacy Policy

Aurionpro shall collect, use and process data of its Users as per its Privacy Policy. Latest version of Aurionpro’s privacy policy shall be available at. www.auropay.net.

Customer Grievance

Aurionpro shall address the complaints and grievances of Users and customers as per its Grievance Redressal Policy. To raise a service request please access our Grievance Redressal Policy at // www.auropay.net.

Violations

If Users wish to report any violations of TOS they may write to our Grievance officer. Contact details of Grievance officer are hereunder:

Nodal Officer: Ninad Kelkar

Contact email: ninad.kelkar@aurionpro.com