These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your”) and Network People Services Technologies Ltd. [(NPST) (“we,” “us” or “our”)] a company incorporated under the laws of India, having its registered address at 306, B-wing, NSIL, Lodha Supremus II, Near New Passport office, Road no.22, Wagle Industrial Area, Thane (W) – 400604, Maharashtra, India, concerning your access to and use of TimePay Merchant Mobile App and website www.timepayonline.com. You agree that by accessing the services of “TimePay”, you have read, understand, and agreed to be bound by these Terms of Use.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING TIMEPAY MERCHANT MOBILE APP AND WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on TimePay Merchant App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these ‘Terms of Use’at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these ‘Terms of Use’, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these ‘Terms of Use’to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of TimePay Merchant App after the date such revised Terms of Use are posted.

In the event of a conflict between these ‘Terms of Use’ and any other terms governing the relation between the parties, these ‘Terms of Use’shall prevail.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The services of TimePay Merchant App are available only to persons who are competent to enter into a legally binding contract under the Indian Contract Act, 1872. Persons who are incompetent to enter into a contract under the Indian Contract Act,1872, including un-discharged solvents, minors (under the age of 18 years), etc. are not eligible for the services provided under TimePay Merchant App and hence shall not register as user or transact on TimePay Merchant App.

Any person using the Services and/or the Indirect Services on behalf of a proprietor/ partnership/ firm/ company, represents and warrants that it is duly authorized to accept these Terms of Use and the Policies by the User and that such person has the authority to bind the User to these Terms of Use and the Policies.

“TimePay” is a platform enabling merchants to have digital channel for payment collections and facilitate their clients with UPI payment channel to collect payment against goods and services provided.

TimePay Merchant App provides you,

To avail the services of TimePay Merchant App You shall be required to register with TimePay Merchant App. You agree to keep your passcode confidential and will be responsible for all use of your account and passcode.

By using TimePay Merchant App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;(3) At the time of registration you are required to disclose the exact business category/business type for which you will be using TimePay Merchant App; (4) you have the legal capacity and you agree to comply with these Terms of Use; (5) you are not a minor ( below the age of 18); (6) You are not barred or otherwise legally prohibited from accessing or using TimePay Merchant App under the laws of India (7) you will not access TimePay Merchant App through automated or non-human means, whether through a bot, script, or otherwise; (8) you will not use TimePay Merchant App for any illegal or unauthorized purpose or in support of illegal activities, to promote or facilitate an unlawful transaction or the sale or exchange of any unlawful or prohibited products or services; and (9) your use of TimePay Merchant App will not violate any applicable laws or regulations.

We will review and may independently verify the information you provide, including through visits to and photographs of your Merchant Store or by verifying on third party databases. We may also provide such information and information about any Payment Transaction to (i) NPCI, and (ii) any regulator or law enforcement authority as required under Applicable Law.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of TimePay Merchant App (or any portion thereof).

Unless otherwise indicated, “TimePay” is our proprietary property and all source code, databases, functionality, software, app designs, audio, video, text, photographs, and graphics on “TimePay” (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us and are protected by copyright and trademark laws. The Content and the Marks are provided on TimePay Merchant App “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of TimePay Merchant App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use TimePay Merchant App, you are granted a limited non-exclusive, revocable, non-transferable license to access and use TimePay Merchant App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal use. We reserve all rights not expressly granted to you in and to “TimePay”, the Content and the Marks.

TimePay is a platform which will act as a medium/ channel to transact / collect payments in terms of information and transactional records. TimePay will only be responsible for providing status and confirmation for transaction made through our platform and will not be responsible for any monetary debit / credit made or received by remitter/beneficiary. For any disputes, refunds or reversals arising under payment transactions remitter / beneficiary can contact respective banks and raise the issues.

We reserve the right, but not the obligation, to: (1) monitor the Mobile app for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from mobile app or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Mobile app in a manner designed to protect our rights and property and to facilitate the proper functioning of the Mobile app.

We care about data privacy and security. Please review our Privacy Policy. By using “TimePay”, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

These Terms of Use shall remain in full force and effect while you use TimePay Merchant App. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of TimePay Merchant App, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in “TimePay”, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

If there is a complaint relating to your use of TimePay Merchant App, you will provide TimePay with all information and documentation, and any other assistance reasonably required, for TimePay to investigate, resolve and/or defend such complaints.

We reserve the right to change, modify, or remove the contents of TimePay Merchant App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on TimePay Merchant App. We also reserve the right to modify or discontinue all or part of TimePay Merchant App without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of TimePay Merchant App.

We cannot guarantee TimePay Merchant App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to TimePay Merchant App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify TimePay Merchant App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use TimePay Merchant App during any downtime or discontinuance of TimePay Merchant App.

There may be information on TimePay Merchant App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website or mobile app at any time, without prior notice.

TIMEPAY MERCHANT APP IS PROVIDED ON AS-IS BASIS. YOU AGREE THAT YOUR USE OF TIMEPAY MERCHANT APP AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IN CONNECTION WITH TIMEPAY MERCHANT APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF TIMEPAY MERCHANT APP’S CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM TIMEPAY MERCHANT APP, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH TIMEPAY MERCHANT APP BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA TIMEPAY MERCHANT APP.

In no event will we or our directors, employees, partners or affiliates be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the TimePay Merchant App or inability to use, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we have been advised of the possibility of such damages.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, Directors and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) breach of these Terms of Use; (2) any breach of your representations and warranties set forth in these Terms of Use; or (3) any claim or proceeding brought by the Customer or any third party against NPST/TimePay in respect of any Products or Services offered by you. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. The indemnities provided herein shall survive the termination of these Terms of Use.

By creating an Account with “TimePay” you agree that “TimePay” on its own or third parties may send you informational and Promotional text messages (SMS), e-mail notifications or such other means of communication as part of the normal business operation of your use of the Services. We may send you text messages (SMS), e-mail notifications or such other means of communication to advertise “TimePay” Services or services provided by third Party on TimePay platform , promote new products and services, to obtain your valuable feedback, send surveys to understand your experience with our Services and your needs and requirements. You may opt-out of receiving text (SMS) messages or e-mail notification from “TimePay” at any time by sending an email to support@timepayonline.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages or e-mail notification may impact your use of the Services.

All notices, requests, demands, waivers and other communications required or permitted to be given under the Agreement shall be in writing through certified or registered mail, courier, email, facsimile or telegram to be sent to the following addresses:

For NPST:
Attn: Legal Department,
Network People Services Technologies Limited,
306, B-wing, Lodha Supremus II, Road No.22, Wagle Estate,
Thane(W)-400604, Maharashtra.

For You:
To the name and address provided for at the time of registration.

All such notices, requests, demands and other communications shall send by certified email and shall be deemed duly given on the day following the day on which such email was sent.

These Terms of Use and your use of the TimePay Merchant mobile app are governed by and construed in accordance with the laws of India and courts in Mumbai, India only shall have jurisdiction over any dispute arising out of or relating to these Terms of Use, and each party hereby consents to the jurisdiction and venue of such courts.

Each of the Parties agrees that, if any dispute(s) or difference(s) shall arise between the Parties in connection with or arising out of these Terms of Use, the Parties shall attempt, for a period of 30 (thirty) days from the receipt of a notice from the other Party of the existence of a dispute(s), to settle such dispute(s) by mutual discussions between the Parties. If the said dispute(s) cannot be settled by mutual discussions within the thirty-days period provided above, either Party may refer the matter to a sole arbitrator to be mutually appointed in accordance with the Arbitration and Conciliation Act, 1996 and any amendments thereof. The arbitration proceedings shall be held under the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in English language at Mumbai. The courts at Mumbai shall have the exclusive jurisdiction over any disputes relating to the subject matter of these Terms of Use.

These Terms of Use and any policies or operating rules posted by us on the TimePay Merchant App or in respect to TimePay Merchant App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of TimePay Merchant App. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. NPST/TimePay shall not be liable for its failure to perform under these Terms of Use as a result of any event of force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of TimePay Merchant App.