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