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Terms and Conditions : Sunn Grahak and Pay Services

Effective date: 15 August 2023

Introduction

This TERMS OF USE FOR Sunn Grahak PAY SERVICES governs the terms of your use of Sunn Grahak PAY Services offered by Sunn Grahak Limited. (herein after referred to as Sunn Grahak) BY REGISTERING FOR OR USING Sunn Grahak PAY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE Sunn Grahak PAY SERVICES. As the Sunn Grahak PAY Services owned by Sunn Grahak, hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Sunn Grahak.


When you use Sunn Grahak PAY Services provided by Sunn Grahak, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to usage of Sunn Grahak PAY Services. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Sunn Grahak PAY Services. We may amend these Terms at any time by posting a revised version on Sunn Grahak.com or mobile site, any other website we maintain for purposes of providing the Sunn Grahak PAY Services. Amended Terms are effective at the time we post them and your continued use of the Sunn Grahak PAY Services constitutes your acceptance of any amended Terms. We may notify you regarding upcoming Terms changes by us.

Defination

“Account" refers to the account created for a User as soon as he successfully completes the process of registering at www.sunn-grahak.com , which contains information regarding his Sunn Grahak Pay Services, which permit payment and domestic money remittance as per RBI direction, as amended by RBI from time to time. “Customer” “or” “you” mean a person who has registered with Sunn Grahak for availing the Sunn Grahak PAY Services and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the Sunn Grahak PAY Services. “Charge(s)” or “Service Charge” shall mean the charges which Sunn Grahak may levy upon you in consideration for subscribing to the Sunn Grahak PAY Services. "Eligible" means satisfying the conditions of eligibility prescribed under these T&Cs. “KYC” stands for Know your Customer and refers to the various norms, rules, laws and statutes issued by RBI from time to time under which Sunn Grahak is required to procure personal identification details from you before any services can be delivered. Know your Customer (KYC) documents may be required by Sunn Grahak from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the Sunn Grahak PAY Services. “Sunn Grahak PAY Services” allows its registered users to: a) to make a payment via payment gateway internet enabled links which shall be sent on their email/sms/links; or b) scan QR Codes placed on posters or other media displayed at Merchant’s establishment to enable you to quickly and easily make payment via method internet enabled links which shall be sent on their email/sms/links (i) register with and/or log in to the Merchant's website; and/or (ii) make payments to the Merchant, or (c) transfer funds to a savings or current bank account, or to make any valid transaction, upon completing the necessary formalities mentioned herein, or otherwise mention time to time. "Merchant" means any of the establishments listed on the webpage available at www.Sunn Grahak.com or at its portals which/who accepts payment through Sunn Grahak Pay Services for sale of their goods and services and with whom we have executed physical contracts. The list of Merchants available at www.Sunn Grahak.com h) may be revised by us from time to time without intimation to you. may be revised by us from time to time without intimation to you. Merchant Establishment” shall mean and include physical Merchant’s shops, and any other outlet that has been authorized by Sunn Grahak to accept payment using Sunn Grahak PAY Services. “Sunn Grahak Registered Users” mean any User who completes the necessary formalities as required for registration “Password” means the secret password used to secure Sunn Grahak PAY Services applications, without knowledge of which Sunn Grahak PAY Services will not be operable. “RBI” means the Reserve Bank of India. “Registration Form” shall mean the Sunn Grahak PAY Services Registration Form, as is required by Sunn Grahak from the Customer at the time of Registration for availing and / or continuation of the Sunn Grahak PAY Services. “Transaction” means make a payment for purchase of goods or services at Merchant establishments or fund transfer to the savings or current bank account, or any other legitimate transactions. "Terms and Conditions of Service" or "T&Cs" refers to these terms and conditions of use of Sunn Grahak's Services, and any future revisions of the same, which you are informed of via automated e-mail sent to Your Registered E-mail Address.

ELIGIBILITY TO USE THE Sunn Grahak PAY SERVICES

While using Sunn Grahak Pay Services, you represent and confirm that: You must be 18 (eighteen) years old; You are Indian citizen, a legal resident of India or a business entity, authorized to conduct business in India; You must be an authorized representative with the authority to bind that company or entity to these Terms; You are not 'incompetent to contract' within the meaning of the Indian Contract Act, 1972; You are entering into and performing this Agreement, as per applicable law and are not a person debarred from using the Sunn Grahak Pay Services under the laws of India or other applicable laws. Sunn Grahak Pay Services can only be used in India. You acknowledge that Sunn Grahak Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in India. We reserve the right to immediately terminate your Account if we have reason to believe that your Account is being used by any person who is not eligible, or for any other reason. We rely completely on your representation that you are eligible and will bear no liability if you or anyone who uses your Account or Sunn Grahak Pay Services is found to be not eligible.

REGISTRATION OF Sunn Grahak PAY- USER ACCOUNT

Legal Requirements

To open an Account or to Use the Services, you must provide us with the following "Registration Data": a valid and functional e-mail address ("Registered E-mail ID"); a valid and functional phone number registered in your name ("Registered Phone Number"); a password; Valid Bank / Card details (for example, Bank Account No, IFSC Code, Bank Account No, Card No, Card Expiry details etc.) and any additional information that RBI Regulations may prescribe to be necessary to satisfy Know Your Customer norms ("KYC Norms"), or as we deem fit. The Registration Data and any other information provided by you to us must be accurate, current and complete information about yourself or your company as prompted by our registration form (including your email address) and maintain and update your information (including your email address) to keep it accurate, current and complete. Any liability for false, fictitious, inaccurate, not current or incomplete Registration Data provided by you will be borne solely by you and not us. You must keep password confidential and not share it with any other person. You are responsible for all activity on your account, whether or not you authorized it. Please do not share your Registration Data with any third parties as you will be solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through your Account and Sunn Grahak Pay, whether initiated by you or any third party. In order to protect the security of your Account and Sunn Grahak Pay, we require you to (a) immediately inform us at our Hotline No. 9552361110 & email us at Sunn Grahak support@Sunn Grahak.com , of any unauthorized use of your Account and (b) to ensure that you log out of Your Account at the end of every session. In accordance with RBI Regulations to prevent money laundering and the funding of terrorism in India, We may suspend or terminate your Account with immediate effect if we have reason to believe that the Registration Data or any other data provided by you is incorrect, or that the security of your Account has been compromised in any way. Please note that in order to comply with RBI Regulations, we do not allow you to open more than one Account in association with the phone number registered in your name. In the event that you have forgotten the password to your Account, you may click on Forgot Password to request a new password. Based on our sole discretion and if we are satisfied that the identity of the applicant for a new password matches your identity, we will send an e-mail to your Registered E-mail ID, with instructions to reset your password ("Password Instructions"). You will be solely responsible for any transactions which occur through your Account once we send the Password Instructions to your Registered E-mail ID. vii. In the event that you are unable to access to your Account for any reason other than forgetting your password, please inform us at our Hotline No. 9552361110 & email us at Sunn Grahak support@Sunn Grahak.com and make a request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to you making a request for blocking. You may be required to provide additional information to allow us to verify your identity and/or your account information. We may also verify your information against third party databases or other sources and you authorize Sunn Grahak to make such inquiries. You are responsible for keeping your Account information and password secure. If you share your Account credentials with another person, you are responsible for all activity they conduct using Sunn Grahak Pay Services, regardless of whether or not you authorized their activity. We will never ask you for your Account credentials.

Documentations

The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and Sunn Grahak reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. Sunn Grahak reserves the right to discontinue services/ reject applications for Sunn Grahak PAY Services at any time if there are discrepancies in information and/or documentation provided by you. Any information provided to Sunn Grahak with the intention of securing Sunn Grahak PAY Services shall vest with Sunn Grahak, and may be used by Sunn Grahak, for any purpose consistent with any applicable law or regulation, at its discretion. Once you have successfully created an Account after completing the registration process in accordance with these T&Cs, you can start availing of our Sunn Grahak PAY Services.

Genearal Conditions

1. Use of Sunn Grahak Pay Services

In order to access Sunn Grahak Pay Services, YOU/ Merchant is required to download Sunn Grahak application , you may be required to provide information about yourself (such as identification, contact or payment details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to us will always be true, accurate, correct, complete and up to date. Any phone number used to register with our service needs to be registered in your name and you might be asked to provide supporting documents to prove the same. Sunn Grahak Pay Services allows you to make a payment to Merchant via payment gateway internet enabled links and/or QR Codes for the products and services purchased by you or transfer funds to the savings or current bank account of the person, after completing the necessary formalities mentioned herein or otherwise mention by Sunn Grahak time to time. Sunn Grahak Pay Services also allows you to store your bank or credit account information with Sunn Grahak for making the instant payment without re-entering that information or sharing it with third parties. Sunn Grahak Pay Services is encrypted and secure and your information is safe with us. Sunn Grahak Pay Services cannot be used to hold or store money and Sunn Grahak does not hold or store any of your funds. Sunn Grahak does not have control of, or liability for, any goods or services that you pay for using the Sunn Grahak Pay Services. Sunn Grahak does not guarantee the identity of any Vendors, sellers, and does not guarantee that a transaction will be completed. You may also choose to make the payment to Merchant through Sunn Grahak Pay Services, for the products and services purchased by you or Fund Transfer by using your valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment. You shall be bound to use your own credit / debit and/ or any other payment cards, online banking accounts to make payment via Sunn Grahak Pay Services. Sunn Grahak shall not be liable and responsible for any credit/debit or any other card frauds, misuse of your card or any unauthorized payment transactions which has been processed by Bank / third party payment processor. When you choose to make the payment or transfer funds to the savings or current bank account of the other person through Sunn Grahak Pay Services, you have to submit the complete bank details of the recipient of money such as Bank Account No, IFSC Code, and/or any additional information that is necessary to complete the transaction or RBI may prescribe time to time. If you would not submit the bank details of the recipient of money, we will not process your transactions or funds will not transfer to the bank account of the recipient. When we receive payment instructions from you to pay a Merchant or to any Users or person, you authorize and order us to commit your payment to that Merchant or to another Users or Person. This authorization will remain in effect as long as you maintain an Account with us. In the event that you are having any issues in goods or services which is including but not limited to cancellation, refund, pricing, warranty, guarantee or you are not satisfied with the goods or services provided to you by a Merchant for any reason, we recommend that you report the matter to the Merchant in question. Please note that Sunn Grahak is an are intermediary and are not responsible for the goods or services provided by Merchants and cannot be involved in any disputes between a Merchant and User regarding the same. You accept and acknowledge that payment processing is hosted by a third party payment processor and usage of such payment processing shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time. You agree and confirm to comply with the terms and conditions of the Merchant from whom you are taking the services/products and thereafter making the payment to them via Sunn Grahak Pay Services. Sunn Grahak facilitates payment solutions to the Users to make a payment to Merchant or Transfer Fund. In the case of commercial transactions Sunn Grahak is acting as an intermediary, which enabling users to make a payment to Merchant through Sunn Grahak Pay Services. All commercial terms are offered by and agreed to between you and Sellers alone. Sunn Grahak does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of any commercial terms between the User and Merchant. In order to use the Sunn Grahak Pay Services, you must link you bank account/card details, to Sunn Grahak Pay Services. When you make a payment to Merchant or Transfer Fund using the Sunn Grahak Pay Services, you are authorizing us to initiate an electronic transfer from your linked bank account in the amount you specify. You are solely responsible for complying with any terms set by your bank with respect to your bank account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you receive a payment from Merchant or Fund Transfer via Sunn Grahak Pay Services or are entitled to a reversal, refund, or other adjustment associated with a payment or Fund Transfer made by you using the Sunn Grahak Pay Services, you also authorize a credit to your linked bank account to complete that transaction. If you make payment for a purchase using the Sunn Grahak Pay Services or using for Fund Transfer, fund will be transferred to Merchant/ Users instantly. Sunn Grahak does not provide any endorsements or guarantees for any individual or entity using the Sunn Grahak Pay, nor any third party offers, goods or services featured on our websites. Information regarding third party offers, goods, and services is provided on our websites for informational purposes only, and may not be true, accurate, or reliable. Information provided by Sunn Grahak or otherwise obtained from the Website will not be used for any unauthorized and unlawful purpose; You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Sunn Grahak, unless you have been specifically allowed to do so in a separate agreement with us; You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services); You agree that you are solely responsible for (and that Sunn Grahak has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Sunn Grahak may suffer) of any such breach. Sunn Grahak PAY Services is not transferable.

2. Use of Sunn Grahak Pay Services

By availing the complete 'One Tap' feature, you will be able to process your payment requests made using your debit or credit card stored with us by simply selecting the faster checkout saved card and clicking the “Make Payment” button. The One Tap feature may be divided in two parts: Faster Checkout option: When you enter your debit card/debit card details for the first time while making a payment, we will provide you an option to save such card details for faster checkout. If you select the ‘One Tap Checkout’ option (currently name as One Tap Checkout), you understand and agree that we will save your card details in a manner compliant with our PCI DSS certification. For the next time when you make a payment using the Services, you will not be required to enter your card details. You can simply click on the saved card, while making a payment request and your payment instructions will be sent to the Payment System Providers for authentication, authorization and processing. The second part ‘auto-read OTP’ option is currently only available on our android mobile application. Auto-Read of One Time Password (“OTP”): OTP is a one-time password, which is provided by your issuing bank in order to carry out the second factor authentication of your debit/credit card. If you register for our ‘One Tap’ feature, you understand that we will be able to retrieve your OTP from the message received on your mobile and populate and submit the OTP on the issuer’s page for second factor authentication of your debit/credit card. In order to avail the entire ‘One Tap’ feature, you may go to the payment page and save the card for One Tap Checkout. You understand that you have agreed to select the ‘One Tap’ feature in whole or in part at your own risk and for your convenience. You agree that we are only acting as your technology intermediary and eliminating the need for you to manually enter your card details or OTP. All information and instructions received from your Card will be deemed to have been authorized by you and we shall not be liable for any unauthorized use of your Cards or any unauthorized transactions made using the whole or any part of the ‘One Tap feature’. It is to be clarified that the ‘One Tap’ feature doesn’t avoid the two-factor authentication system, it only provides a technology platform which eliminates the need of manual typing of card details and OTP by you. We emphasize that we are not involved in the authentication, authorization and processing of you payment request and only facilitate you in sending such payment instruction to the Payment System Provider. In the event that your device (mobile, tablet, laptop, etc.) is stolen/lost or your suspect any unauthorized use of your debit/credit Card, please ensure you go to the payment page of Sunn Grahak App and de-activate the ‘One Tap’ feature immediately. You should also inform us of the same after de-activation at Sunn Grahaksupport@Sunn Grahak.com. In the event that you have de-activated the ‘One Tap’ feature and informed Sunn Grahak of the same and thereafter an unauthorized transaction is made, Sunn Grahak’s service provider will take responsibility for the same provided that you provide us with adequate information that the transaction was not made by you or any person that you know. Sunn Grahak’s service provider shall determine that legitimacy of the claim at our sole discretion.

Charges

Currently, we do not charge you to use the Sunn Grahak Pay Services. However, your mobile network operator may charge you to access the Sunn Grahak Pay and you are responsible for these charges. Please note that in future Sunn Grahak Pay Services may be chargeable at the discretion of Sunn Grahak, in the form and manner prescribed for such payment. Sunn Grahak may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer. Sunn Grahak reserves the right to introduce a policy as per the applicable RBI guidelines for Sunn Grahak PAY Service expiration and balance forfeiture in future. The terms and conditions related to any such policy that we may introduce in the future will come into effect from the date that will be clearly indicated under the “Terms of Use” for Sunn Grahak PAY Services.

Your Information

When you use the Sunn Grahak Pay Services, we will send your information (including, where applicable, your encrypted payment card details) from the Sunn Grahak Pay server to the third party payment services provider. By using Sunn Grahak Pay Services you agree to receive promotional SMS/Emails from Sunn Grahak or its associates, agent or partners. Your privacy is very important to Sunn Grahak. When you using Sunn Grahak Pay Services, you confirm that you have read and accepted our Privacy Policy. The Privacy Policy, which is accessible through the Sunn Grahak Pay Services and forms an integral part of this Agreement, describes how we collect and use your Information. The Sunn Grahak reserves the right to use your Information in order to contact you in the future in relation to marketing any other products or services offered by the Sunn Grahak, any of its related group companies or participating merchants. You shall be responsible for maintaining the confidentiality of your personal and sensitive data or information and you shall be responsible for all activities that occur under your use of Sunn Grahak Pay. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, we shall have the right to indefinitely suspend or block your access to Sunn Grahak Pay Services. You shall be responsible for maintaining the confidentiality of your personal and sensitive data or information and you shall be responsible for all activities that occur under your use of Sunn Grahak Pay. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, we shall have the right to indefinitely suspend or block your access to Sunn Grahak Pay Services.

Your Obligations

Sunn Grahak PAY Services availability is subject to the maintenance of an active mobile phone, internet connection with an associated telecom provider and Bank / Card Account. Sunn Grahak PAY Services availability is subject to the maintenance of a mobile phone handset and other application on which Services run and the Customer is solely responsible for all liability arising from the unavailability of Services due to a mobile handset or internet service provider not supporting any Sunn Grahak PAY Services channel or application. You must ensure the availability of sufficient funds before executing any Transaction from your Sunn Grahak PAY Services. You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of Sunn Grahak PAY Services. In case the Password is lost or misplaced, you shall promptly inform Sunn Grahak by calling at the customer care numbers where after the Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/ SIM card associated with your Sunn Grahak PAY Services is lost/stolen/misplaced/ no longer in your control; you shall promptly inform Sunn Grahak. Sunn Grahak will upon receipt of such information block the relevant account. You shall intimate Sunn Grahak about change in your address, if any, in writing along with such proof of address as per the KYC documents. You shall not use Sunn Grahak PAY Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, Sunn Grahak policy or public policy or for any purpose that might negatively prejudice the goodwill of Sunn Grahak. You acknowledge and understand that Sunn Grahak PAY Services are linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the Services. Information submitted by you for availing Sunn Grahak PAY Services and/or information submitted while using Sunn Grahak PAY Services may be shared with third parties by Sunn Grahak , inter alia, to facilitate the provision of Sunn Grahak PAY Services. You shall ensure that the Services are not used for Transactions in foreign currency. Sunn Grahak PAY Services is issued & shall be valid only in India and shall be used at Merchant Establishments only in India. Without limiting the foregoing, you agree that you will not use the Sunn Grahak Site to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; Infringes any patent, trademark, copyright or other proprietary rights; contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment; Advertises or offers to sell any goods or services for any commercial purpose; is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; Violates any law for the time being in force; Belongs to another person to which you do not have any right to; Interferes with or disrupts Sunn Grahak ’s websites, servers, or networks; Impersonate any other person; Harm minors in any way; Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your presence on its websites; Engage in any illegal activities; Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation. You shall not misuse, rent, lease, assign, or otherwise transfer the Sunn Grahak Pay services to any other Person. You may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from or included in the Sunn Grahak Pay services/System. All rights, title and interest to the Sunn Grahak Pay services are owned exclusively by Sunn Grahak. You will only use the Sunn Grahak Pay services for your own purposes and not on behalf of any other person or entity; You and all payments initiated by you will comply with all laws, rules, and regulations; and you will not use the Sunn Grahak Pay, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the functionality of the Sunn Grahak Pay services. You will not breach these Terms or any other applicable terms or policies; You will not engage in illegal or fraudulent activities. You will not engage in transactions involving illegal goods, including but not limited to counterfeit goods, stolen goods, illegal or controlled substances, and substances that pose a risk to consumer safety, counterfeit services, illegal gambling, and money laundering, purchase, sale, or exchange of Virtual Currency, or provide a Virtual Currency marketplace or exchange; You will not attempt to receive or actually receive duplicate compensation for a disputed payment from the Merchant, Sunn Grahak, and/or your bank; or You will not engage in activity that indicates, in Sunn Grahak’s sole discretion, that there may be a high level of risk associated with you, or your Account activity. The use of any Sunn Grahak Pay that has connectivity to the Internet or any external network poses an increased risk, and you assumes all liability for such increased risks. You will fully cooperate with Sunn Grahak in complying with the laws. You shall liable for data security breach and credit card information if you fail to protect the data and information. You shall protect your data. You must vigilantly comply with all applicable law, including, without limitation to, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder and any other law for the time being in force, and shall not do, or omit to do, any act that will cause Sunn Grahak to be in breach of any such applicable law. If you breach the terms of this agreement, you shall indemnify us against any costs claims and liabilities arising as a result of the breach. You shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and shall not misuse communication device or computer resource of Sunn Grahak, without its permissions, and further use the said devices for cheats by personation.

Refund Policy

Sunn Grahak shall process a refund, when a valid authorization and presentment was previously processed and the Users subsequently either cancelled the transaction or returns the goods, or wishes to refund the amount in cases of services not rendered, or to rectify any transaction processing error, or services/goods is not delivered within prescribed period of your completion of the transaction, then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page, containing the complete details of the said disputed transactions such as date, time, order/transaction numbers, account number etc.. For processing a refund, the users shall present a refund request to Sunn Grahak along with all the required detail to identify the previously authorized and settled transaction and Sunn Grahak shall process the refund within 5 (Five) working days from the date the refund request is received. The refund request must describe the failed / returned / rejected / cancelled transactions or merchandise were returned, services cancelled or adjustment made. The funds have to be credited back to the same source from where these were received, and not by cash or any other mode. In case of any users’ complaint regarding non- refund for failed transactions and/or non-credit for successful transactions shall be dealt by the Bank. Any complaint about credit not being given to Users should be dealt with conclusively and bilaterally by the remitting and beneficiary banks as per its Policy. Note: Sunn Grahak is not responsible for any wrong purchase or recharge for an incorrect mobile number or DTH account number or fund transfers in an incorrect bank account or any unauthorised payment by users. You are sole responsible for the accuracy, authenticity of information pertaining to the goods/services or the payment credentials while using the Sunn Grahak Pay Services.

SECURITY AND UNAUTHORISED PAYMENTS

We give you the opportunity to choose a password to gain access to the Sunn Grahak Pay Services itself or to various features within the Sunn Grahak Pay Services. As long as the correct Password is entered (or if you elect not to use a Password), we will assume that you are the person giving instructions and making payments or fund transfer and you will be liable for them. You must therefore choose a secure Password that is not easily guessed by another person, keep the Password is secret and make sure that it is not stored in a way that enables others to access it or impersonate you. In addition, for the avoidance of doubt, if you disclose the Password to any person whom you authorise to access the Sunn Grahak Pay Services, you are also responsible and liable for any access, use, misuse or disclosure of your Password by such person. If you become aware of a payment being made via the Sunn Grahak Pay Services that was not authorised by you or if you lose the device on which the Sunn Grahak Pay is installed, disclose your Password to a person unauthorised by you, or believe that someone else can use the Sunn Grahak Pay by impersonating you, you should inform us immediately and we will disable the payments feature of the Sunn Grahak Pay until you re-enter your payment card details in the Sunn Grahak Pay. Unless and until you provide such notice: you will be responsible for any instruction which we receive and act on, even if it was not given by you; and we will not be responsible for any unauthorised access to confidential information about you in the Sunn Grahak Pay. We can refuse to act on any instruction including where we believe an instruction: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; (iv) if we believe the Sunn Grahak Pay is being used for an illegal purpose; or (v) may harm our reputation. You agree to fully cooperate with us, affiliates, payment gateway service providers, Banks, merchants, regulatory authorities and the police where you or we suspect there have been Unauthorised Payments in respect of the Sunn Grahak Pay Services.

Our Obligations

When you use the Sunn Grahak Pay Services, we are acting as an intermediary to assist you in concluding the purchase of goods or services from participating merchants or to make the payment successful to the recipient . When you purchase goods or services from participating merchants, the contract for the sale of those goods or services will be between you and the merchant. You understand and agree that the Sunn Grahak shall not be responsible for the outcome of your transactions with external merchants via the Sunn Grahak Pay Services. We do not have control, nor shall we be liable for, the legality of, or the use of, the goods and services that are paid for using the Sunn Grahak Pay Services. Sunn Grahak shall not be responsible for any fraudulent transaction by any person in any manner whatsoever. Sunn Grahak shall not be responsible for any chargeback, refunds or cancellation of products or services. Sunn Grahak will take adequate encryption and security measures to maintain the data secured generated and it shall maintain high standards in relation to providing secure services to you. Sunn Grahak is not responsible for any non-performance or breach of any contract entered into between you and Merchants. Sunn Grahak cannot and does not guarantee that the concerned Merchants and/or You will perform any transaction concluded via Sunn Grahak Pay, Sunn Grahak shall not and is not required to mediate or resolve any dispute or disagreement between Merchants and You. Sunn Grahak is only providing a platform for the purposes of transaction and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between you and Merchants. At no time shall Sunn Grahak hold any right, title or interest over the products nor shall Sunn Grahak have any obligations or liabilities in respect of any transaction between you and Merchants. Sunn Grahak is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable etc. It is the responsibility of you and the relevant Merchants, not us, to resolve any dispute or claim raised by you relating to any payments or fund transfer made via the Sunn Grahak Pay Services. We may, however, initiate a refund if (a) a payment made via the Sunn Grahak Pay Services is reversed by a court, regulatory authority or other third party acting in accordance with applicable law, (b) we, in our sole and absolute discretion, accept or have reason to believe that a payment was not authorized by you, or (c) a payment is allegedly unlawful, suspicious, or in breach of this Agreement. Where you have a dispute with Merchants, we will provide information we hold, which may assist resolution and otherwise attempt to assist you as far as we consider practicable. We may charge you an administration fee to cover our reasonable costs of providing any such assistance. Sunn Grahak is as an independent entity under the terms and conditions of this Agreement. Sunn Grahak has no relationship with Merchant. You alone shall be responsible and neither Sunn Grahak nor the Bank or anybody connected to Sunn Grahak shall have any responsibility or liability. Sunn Grahak is neither concerned nor required to monitor in any manner the use of the payment or fund transfer modes by you. You should be required to use the payment modes at their sole option and risks.

Our Obligations

By registering to use of Sunn Grahak Pay Services, you consent to conduct transactions and receive communications, notices and information from us electronically or otherwise, whether sent by e-mail or other means. Communications shall be deemed to have been received by you when we send the communication to the email address/mobile number that as per our records, or when we post the communication on Sunn Grahak website. You can withdraw your consent at any time by contacting us, but we reserve the right to terminate your account upon such withdrawal. Withdrawal of your consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received. You agree to notify us promptly if your email address or other contact information changes by updating your account information or contacting us.

YOUR USE OF OUR INFORMATION

Except for Posted Information that you submit, all of the information available on or through the Services and/or the Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Sunn Grahak's proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in the Website and the Services not expressly granted by us to you are retained by Sunn Grahak.

TERMINATION/SUSPENSION OF SERVICE

We may suspend or terminate your access to the Sunn Grahak Pay Services without notice where it is reasonable for us to do so and specifically if: (i) for any reason we decide to discontinue to provide the Sunn Grahak Pay, (ii) we believe that you have breached any of the terms of this Agreement, (iii) your use of the Sunn Grahak Pay has been in any way improper or breaches the spirit of this Agreement, (iv) we reasonably believe use of the Sunn Grahak Pay may be at risk of fraud or misuse; (v) our information technology infrastructure has failed, is experiencing outages or requires maintenance; or (vi) ordered or recommended to do so by the security services, court or a relevant regulatory authority. Sunn Grahak reserves the right to suspend/discontinue Sunn Grahak PAY Services to you at any time, for any cause, including, but not limited, to the following- For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned in this document For any suspected discrepancy in the particular(s), documentation or registration Form provided by you; To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc; If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations; If the mobile connection with which your Sunn Grahak PAY Services is related ceases to be operational or in your possession or control. If Sunn Grahak believes, in its reasonable opinion, that cessation/ suspension is necessary.

THIRD PARTY INFORMATION ON THE WEBSITE

As some information appearing on the Website is provided to Sunn Grahak by third parties, Sunn Grahak will have no liability in respect of any loss or damage arising from third party information which appears on the Website, including the manner in which the information is displayed or information which may be: Out of date; Inaccurate; Duplication; Impersonation by a person to be another person. All dealings and communication arising from Sunn Grahak's facilitation of interaction between Merchant and users will be between the Merchant and users only and Sunn Grahak is not responsible in any manner for any communication between the users and the Merchant, and has no liability in respect of such dealings whatsoever. Sunn Grahak is not an agent for any of the Merchants listed on this Website and Sunn Grahak has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or quality of service provided by a Merchant.

Additional T&C

When you acquire goods, software or any other services from a Merchant Establishment through any of Sunn Grahak’s Services, you understand and agree that, Sunn Grahak is not a party to the contract between you and the Merchant Establishment. Furthermore, Sunn Grahak is under no obligation to monitor the Merchant Establishment’s service used by you; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that Sunn Grahak shall not be responsible or liable for any deficiency in goods and/or services purchased using Sunn Grahak PAY Services. This exclusion of liability shall apply even for goods and/or services made available by Sunn Grahak under promotional schemes. You are instructed to satisfy yourself regarding the quality, quantity and fitness of any good and/or service before purchasing the same. Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by Sunn Grahak in any circumstances. In the event of any dispute, Sunn Grahak records shall be binding as the conclusive evidence of the Transactions carried out through use of Sunn Grahak PAY Services. Sunn Grahak shall send all customer communications by SMS and/or email/link and the SMS/link/email shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator. You agree to receive all commercial message including transactional messages from Sunn Grahak.

DISCLAIMER

PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. THE Sunn Grahak PAY SERVICES IS PROVIDED "AS IS" “WHERE IS”, “WITH ALL FAULTS” BASIS. WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SATISFACTORY QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE OFFERED THROUGH THE Sunn Grahak PAY. WE MAKE NO WARRANTY THAT THE OPERATION OF THE Sunn Grahak PAY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS ,OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS THEREIN.

LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER Sunn Grahak, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).

INDEMNITY

You agree to indemnify, defend and hold Sunn Grahak and/or related parties harmless from any and all claims, losses, damages, and liabilities, penalty, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to your use or misuse of the Sunn Grahak PAY Services, any breach of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you.

COMPLIANCE WITH LAW

Sunn Grahak shall comply with the laws as applicable for the time being in force.

CONFIDENTIALITY

You specifically agree that in order to facilitate the provision of Sunn Grahak PAY Services, Sunn Grahak may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise.

INTELLECTUAL PROPERTY RIGHTS

The Sunn Grahak hereby grants you the non-exclusive, non-transferable right to use our Sunn Grahak Pay services in accordance with this Agreement. We, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP Rights”), in and to the website, the Usage Data or Sunn Grahak Pay services. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the Sunn Grahak Pay to create a competing product. You hereby acknowledge that by using the Sunn Grahak Pay services, you obtain no rights in the software, trademarks or content related to the Sunn Grahak Pay and you may only use the same in accordance with this Agreement. Unauthorized use is strictly prohibited. All rights are expressly reserved to Sunn Grahak.

SYSTEM COMPLAINTS AND DISPUTE RESOLUTION

For Redressal of disputes/complaints you can email to us at Sunn Grahaksupport@Sunn Grahak.com, with brief details of your complaint or call on our hotline No. 9552361110. Our customer service staff will acknowledge and redress your complaint on best effort basis.

ARBITRATION

Any dispute or difference which may arise at any time between the parties, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties under this Agreement, shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed, at the sole discretion, by Sunn Grahak. Arbitration shall be held at Mumbai, India. The proceeding of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The parties irrevocably agree that the Agreement shall be governed by and construed in accordance with the laws of India and the courts of Mumbai, India, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement and waive any objection to such personal jurisdiction based on forums non-convenience or any other basis.

FORCE MAJEURE

Sunn Grahak shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by technical issue, server malfunction, war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of Sunn Grahak, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.

Genearal

We reserve the right to modify or terminate the Sunn Grahak Pay Services at any time, without notice, and we will not be liable to you as a result of any such action. Sunn Grahak shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies. This Agreement constitute the entire Agreement between Merchant and the Sunn Grahak pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties. The Parties to this Agreement are independent contractors and nothing in this Agreement shall make them joint ventures, partners, employees, agents, associates, affiliates or other representatives of the other party hereto. To the maximum extent permitted by law, you waive, release, discharge and hold harmless Sunn Grahak, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform/ Sunn Grahak PAY Services. If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect. No variation or amendment to this Agreement shall bind either party unless made in writing and signed by the duly authorized persons/officers of both the parties. In this Agreement and unless otherwise stated, "we", "us" or "our" refers collectively to the Sunn Grahak and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.