Introduction and Terms of Use


The terms and conditions contained here in after ("TERMS OF USE") shall apply to the use of the website https://margpay.com/account/login and any other linked pages, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by Marg Fintech Private Limited ("MARG FINTECH" or "WE" or "OUR" or "US") (collectively, "WEBSITE").

Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website ("SERVICES") (hereinafter referred to as a "USER", "SELLER", "YOU" or "CLIENT") shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately provided on the Website) and unconditionally accepted the terms and conditions set out herein.

These Terms of Use constitute a binding and enforceable agreement between the User and Marg Fintech. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Marg Fintech for other services.

Please read these terms and conditions carefully. By accessing or using this internet-based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to these Terms of Use, please immediately terminate your use of the Website.


You can accept the Terms of Use by:


For the purpose of these Terms of Use, wherever the context so requires, the term "User" shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.

It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.

The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the User. The latest Terms of Use will be posted here. Any such changes by Marg Fintech will be effective immediately.You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction that may be applicable to you in connection with your business and use of our Services.


Provision of the Services being offered by Marg Fintech


Marg Fintech is constantly evolving in order to provide the best possible experience and information to its Users. You acknowledge and agree that the form and nature of the Services which Marg Fintech provides may change from time to time without any prior notice to you.

As part of this continuing process, you acknowledge and agree that Marg Fintech may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at Marg Fintech's sole discretion, without any prior notice. You may stop using the Services at any point of time. You do not need to specifically inform Marg Fintechwhen you stop using the Services.

You acknowledge and agree that if Marg Fintech disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account, and Marg Fintech shall intimate you regarding the same.

By using our Services you agree that Marg Fintech disclaims any liability or authenticity of any information that may have become outdated since the last time that particular piece of information was updated.

Marg Fintech reserves the right to make changes and corrections to any part of the content of this Website at any time without any prior notice to you. In your request, please indicate the exact URL of the webpage to enable us to locate the same. We will endeavour to address your concerns and take necessary steps, if required. Please note that all images displayed on the Website have been digitised by Marg Fintech. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Marg Fintech.


Use of the Services by User


In order to access certain Services, you may be required to open a User account with Marg Fintech by providing information about yourself (such as identification or contact details) as part of the registration process ("REGISTRATION DATA") for the Services, or as part of your continued use of the Services.

You agree that any Registration Data you give to Marg Fintech will always be accurate, correct, complete and up to date.If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is in violation of applicable law or not in accordance with the Terms of Use (whether wholly or in part), we reserve the right to reject your registration and/ or indefinitely suspend or terminate your User account and refuse to provide you access to the Website.

You agree to use the data owned by Marg Fintech (as available on the Website or through any other means like API(s) etc.) only for personal purposes and not for any commercial use unless agreed to by Marg Fintech in writing.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 Marg Fintech, unless you have been specifically allowed to do so in a separate agreement with Marg Fintech.

You agree that you are solely responsible for (and that Marg Fintech has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Marg Fintech may suffer) of any such breach. You further agree to the use of your data by us in accordance with the Privacy Policy.

If you have opted for use of Marg Fintech's 'subscriptions' product by virtue of which your customers have set up a standing instruction ("RECURRING PAYMENT INSTRUCTION") to charge his/ her chosen payment method (such as credit card, debit card or bank account) as per the billing cycle communicated by you to Marg Fintech, then you consent that the relevant amount will be charged to such payment method as per the billing cycle communicated to Marg Fintech.

You agree that Marg Fintech shall continue to charge the relevant amount to the relevant customer's chosen payment method as per such billing cycle until you or the customer terminates the Recurring Payment Instruction.


Eligibility


Marg Fintech’s services are open only to persons of 18 years of age and above who have a valid e-mail address and mobile phone number. Users who have been previously suspended or removed from availing any service by Marg Fintechshall not be eligible to avail services from Marg Fintech. Users shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity. If you are below 18 years of age, please exit the Site.


Content in the Services


For the purposes of these Terms of Use, the term "CONTENT" includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services.

You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Marg Fintech or by the owners of that Content, in writing and in a separate agreement.

Marg Fintech reserves the right to moderate, publish, re-publish, and use all User generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favourites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. Marg Fintech is not liable to pay royalty to any User for re-publishing any content across any of its platforms.

If you submit any material on the Website, you agree thereby to grant Marg Fintech the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned or affiliated.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Services will be at your own risk.

You agree that you are solely responsible for (and that Marg Fintech has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Marg Fintech may suffer) by doing so.


Proprietary Rights


You acknowledge and agree that Marg Fintech (or Marg Fintech's licensors) owns all legal and proprietary right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Marg Fintech and that you shall not disclose such information without Marg Fintech's prior written consent.

Unless you have agreed otherwise in writing with Marg Fintech, nothing in the Terms of Use gives you a right to use any of Marg Fintech's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

Unless you have been expressly authorized to do so in writing by Marg Fintech, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.


Exclusion of Warranties


You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis.

In particular, Marg Fintech, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

No advice or information, whether oral or written, obtained by you from Marg Fintech or from the use of Services shall create any warranty not expressly stated in these Terms of Use.

Marg Fintech further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.


Indemnity


The User shall indemnify and hold Marg Fintech, its subsidiaries, affiliates, directors, employees, contractors, licensors and agents and any other related or third parties, including but not limited to banks/ wallets/ payment option provider, involved with Marg Fintech in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:


Limitation of Liability


Subject to the overall provisions stated above, you expressly understand and agree that Marg Fintech, its subsidiaries, affiliates, directors, employees, agents and licensors shall not be liable to you for:

The limitations on Marg Fintech liability to you shall apply whether or not Marg Fintechhas been advised of or should have been aware of the possibility of any such losses arising.


Confidentiality


The User may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to Marg Fintech and its affiliates, marketing prospects, contractors, officers, directors or shareholders, personal data of customers of the User, financial and operational information, billing records, business model and reports, computer systems and modules, secure websites, reporting systems, marketing strategies, operational plans, proprietary systems and procedures, trade secrets and other similar proprietary information, including technical "know-how", methods of operation, business methodologies, software, software and technology architecture, networks, any other information not generally available to the public, and any items in any form in writing or oral, clearly identified as confidential ("CONFIDENTIAL INFORMATION").


Fraudulent Transactions


If Marg Fintech is intimated, by the Acquiring Bank or a Card Payment Network, that a customer has reported an unauthorised debit of the customer's payment instrument ("FRAUDULENT TRANSACTION"), then Marg Fintech shall be entitled to suspend the settlement of the amount associated with the Fraudulent Transaction during the pendency of inquiries, investigations and resolution thereof by the Acquiring Bank or the Card Payment Network.

If the amount in respect of a Fraudulent Transaction has already been settled to the User pursuant to these Terms of Use, any dispute arising in relation to the said Fraudulent Transaction, following settlement, shall be resolved in accordance with the RBI's notification DBR.No.Leg.BC.78/09.07.005/2017-18, dated July 6, 2017 read with RBI's notification DBOD. LEG. BC 86/09.07.007/2001-02 dated April 8, 2002 and other notifications, circulars and guidelines issued by the RBI in this regard from time to time.


Advertising


Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

The manner, mode and extent of advertising by Marg Fintech on the Services are subject to change without any specific notice to you.

In consideration for Marg Fintech granting you access to and use of the Services, you agree that Marg Fintech may place such advertising on the Services.


Authorisation


By accepting these Terms of Use, you authorise us to hold, receive, disburse and settle funds on your behalf. Your authorisation permits us to generate an electronic funds transfer between the payment system providers and our nodal account to process each payment transaction that you authorise.

Thereafter, you authorise us to transfer the payments received from your buyers to the bank account designated by you for this purpose at the time of registration (" ACQUIRING BANK"). Your authorisation will remain in full force and effect until your Marg Fintech account is closed or terminated.


Prohibited Services


You agree that you will not accept payments in connection with businesses, business activities or business practices, including but limited to the following:

The above list is subject to additions/ amendments (basis changes/ amendments to applicable laws) by Marg Fintech without prior intimation to you.


Technical Issues


In case of any technical issues, please raise a support ticket from your service dashboard. You can also contact us on +91 11-30969696 in case of urgent matters.


Delivery Policy


We endeavour to deliver Service to you within 15 (fifteen) working days of bank approval, failing which you can terminate a transaction related to Service at any time and get a full refund.


Governing Law, Settlement of Disputes and Jurisdiction


These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought exclusively in the competent courts/ tribunals having jurisdiction in India and the Users irrevocably submit themselves to the jurisdiction of such courts/ tribunals.


Privacy


Your privacy is extremely important to us. Upon acceptance of these Terms of Use you confirm that you have read, understood and unequivocally accepted our Privacy Policy.


Complaints & Regulatory and Customer Grievance Redressal


Any complaints or concerns with regards to content of this Website or comment or breach of these Terms of Use or any intellectual property of any User, instances of customer grievances, regulatory queries and clarifications shall be informed/ communicated by writing us at the below mentioned E-mail address.

Marg Fintech
Marg House, Plot No. 7, Wazirpur Press Area, Near D.T.C Depot,
Opp. Netaji Subhash Place, Delhi – 110035 (India)
Ph: +91 11-30969696
E-mail: info@margpay.com