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- 15/2, 1st Floor, Shivaji Marg, Moti Nagar, New Delhi-110015
- Support +91 9582239239
I. The following agreement, referred to as the General Terms of Use, is established between RAFTAARPAY FINTECH PRIVATE LIMITED., a legal entity incorporated under the Companies Act (hereinafter known as the PROVIDER or RAFTAARPAY), and yourself (hereinafter referred to as the CLIENT and/or MERCHANT).
II. Upon downloading, installing, or utilizing any part or the entirety of RAFTAARPAY's services or software (hereinafter referred to as RAFTAARPAY SERVICE or SERVICE or SERVICES), the CLIENT and/or MERCHANT acknowledges and agrees to be legally bound by these GENERAL TERMS. Full acceptance of all terms within the GENERAL TERMS is assumed upon use. Failure to accept these GENERAL TERMS implies the CLIENT's ineligibility to utilize or distribute the SERVICE.
III. The CLIENT and/or MERCHANT undertakes to abide by these GENERAL TERMS on behalf of the relevant company or legal entity it represents, whether acting as an employee, contractor, or on behalf of oneself as an individual if no company or legal entity is involved. By accepting these GENERAL TERMS, the CLIENT and/or MERCHANT guarantees and affirms:
a) It possesses the necessary corporate authority and formal authorization to carry out, fulfill, and meet its responsibilities as outlined in these GENERAL TERMS;
b) It has secured all essential licenses, authorizations, endorsements, permissions, or approvals needed to fulfill its obligations under these GENERAL TERMS, adhering to the laws of all relevant authorities overseeing the SERVICES;
c) If required, the undertaking and execution of these GENERAL TERMS, along with the completion of the transactions detailed within these GENERAL TERMS, have received due authorization via the appropriate corporate measures from the aforementioned CLIENT and/or MERCHANT;
d) The execution, delivery, and adherence to these GENERAL TERMS do not breach any court order, decree, or judgment; result in a significant breach under any significant contract binding it or any of its significant assets; or initiate an occurrence that, with notice or time-lapse, or both, would lead to such a breach.
IV. Please note that any other agreements established between the CLIENT and/or MERCHANT and RAFTAARPAY, if existent, might refer to a distinct title for this document. However, this will not impede the enforceability of these GENERAL TERMS in any manner.
The subsequent definitions, whether in singular or plural form, shall hold the meanings as delineated below:
1.1. GENERAL TERMS or TERMS – encompass these overall terms of use, along with any accompanying appendices and attachments, and supplementary agreements when contracted. These GENERAL TERMS further encompass the licensing terms pertinent to the utilization or dissemination of RAFTAARPAY SERVICE;
1.2. CLIENT – denotes the end-user or customer of the MERCHANT who engages in transactions through the MERCHANT’s website or via the software, tools, or platforms furnished or accepted by RAFTAARPAY;
1.3. RAFTAARPAY or SERVICE PROVIDER – signifies the establishment legally incorporated under the Companies Act and known as RAFTAARPAY FINTECH PRIVATE LIMITED.., responsible for operating the RAFTAARPAY SERVICE;
1.4. RAFTAARPAY SERVICE or SERVICE – denotes the provision of services and software by RAFTAARPAY that enables the CLIENT and/or MERCHANT to execute payments for purchases or receive funds through various payment channels;
1.5. MERCHANT – refers to an individual or entity authorized to dispense the RAFTAARPAY SERVICE to the CLIENT;
1.6. CLIENT – designates an individual or entity who has gained access to the SERVICE;
a) conducted through electronic systems, notably encompassing the Internet, software systems, mobile phone applications, other computing systems, and interconnected networks;
b) an authorized and verified payment, pay-out, or settlement transaction executed between the MERCHANT and the CLIENT, conducted in compliance with the protocols and certifications mandated by RAFTAARPAY;
c) payment transactions undertaken by the CLIENT, excluding electronic system usage, particularly via credit or debit card presentation or other compatible systems or methods in line with the SERVICE.
1.8. BANK refers to an entity managing a banking system or card network that either provides credit, debit, or prepaid accounts or oversees a system compatible with the SERVICE and the PAYMENT TRANSACTIONS.
2.1. RAFTAARPAY is an authorized corporation involved in facilitating SERVICES related to TRANSACTIONS, including the recruitment of MERCHANTS to accept payments across diverse channels and systems.
2.2. Under the terms stated herein, MERCHANTS and BANKS have agreed with RAFTAARPAY to honor payments and TRANSACTIONS made through agreed-upon means.
2.3. The CLIENT and/or MERCHANT recognizes that the intellectual property rights, including copyrights, designs, trademarks, and other such rights pertaining to materials within the SERVICE or owned by RAFTAARPAY, its affiliates, licensors, or third parties, remain the exclusive property of the respective rights holders.
2.4. Upon agreement by the CLIENT and/or MERCHANT or upon commencing the use of any SERVICE, these GENERAL TERMS become effective, valid, and binding. These terms remain in force until termination by RAFTAARPAY or the CLIENT and/or MERCHANT, except for specific provisions that endure after termination, as specified in these GENERAL TERMS or as mandated by law.
3.1. RAFTAARPAY isn't obligated to process specific TRANSACTIONS. When a CLIENT or MERCHANT submits a request for a particular TRANSACTION, it implies that the CLIENT or MERCHANT wants RAFTAARPAY to handle the requested TRANSACTION on their behalf, with the implied consent of the CLIENT or MERCHANT. RAFTAARPAY has the discretion to decide whether to accept or decline the TRANSACTION. Promptly, RAFTAARPAY will notify the CLIENT or MERCHANT about its decision to accept or reject the TRANSACTION and will reimburse any payments if required and permissible. However, RAFTAARPAY's acceptance to proceed with the TRANSACTION doesn't waive its right to suspend or cancel the TRANSACTION.
3.2. RAFTAARPAY retains the right to promptly modify, suspend, cease, or conclude any of its SERVICES upon notice, at any time, and periodically, particularly if such termination aligns with the applicable laws and regulations of RAFTAARPAY FINTECH PRIVATE LIMITED..
3.3. The CLIENT and/or MERCHANT must refrain from taking actions that disrupt or attempt to disrupt the proper functioning of the SERVICE and its included software. RAFTAARPAY reserves the right to continually audit and verify any activities conducted within or utilizing the SERVICE.
3.4. RAFTAARPAY does not provide any explicit or implicit warranty regarding TRANSACTION timelines and volumes communicated to the CLIENT and/or MERCHANT, even if published on RAFTAARPAY’S websites. While RAFTAARPAY endeavors to execute TRANSACTIONS within the agreed-upon time, any TRANSACTION might be held, delayed, revoked, or canceled due to various reasons, including but not limited to: inability to verify the subject and object of the TRANSACTION, insufficient information from the CLIENT and/or MERCHANT, or events stipulated under the provisions of applicable laws, rules, or regulations.
3.5. Except as specified in other sections of this Section 3, RAFTAARPAY reserves the right, without needing to justify its decision, to decline or annul a TRANSACTION if, specifically: (a) RAFTAARPAY cannot verify the identities of the involved parties in the TRANSACTION; (b) the CLIENT and/or MERCHANT fails to provide required information or data for the TRANSACTION's completion; or (c) RAFTAARPAY has a reasonable belief that the CLIENT and/or MERCHANT are breaching the SERVICE's terms stated in this and other related documents or violating applicable laws, rules, or regulations while using the SERVICE.
3.6. RAFTAARPAY reserves the right to halt or impede a TRANSACTION if there exists a reasonable suspicion that the TRANSACTION's execution might be unlawful, fraudulent, unauthorized, or deemed suspicious. Although RAFTAARPAY is not obliged to do so, it may choose to notify the involved parties about such suspension or blockage. The CLIENT and/or MERCHANT acknowledge and affirm RAFTAARPAY's rights as outlined in this Section 3.6. The CLIENT and/or MERCHANT agrees to indemnify and release RAFTAARPAY from any legal or actual consequences resulting from such suspension or blockage, any loss, or damages incurred by any party due to these actions, relieving RAFTAARPAY of any liability in this regard.
3.7. In case a TRANSACTION is carried out based on instructions from the CLIENT and/or MERCHANT, which are later discovered to be false, fraudulent, or incorrect, RAFTAARPAY shall bear no responsibility for such TRANSACTION. Nonetheless, RAFTAARPAY commits to employing reasonable efforts to amicably resolve the situation and aid the concerned parties.
4.1. Aside from any other obligations specified in these GENERAL TERMS or other documents pertaining to the use of the SERVICE, the CLIENT and/or MERCHANT hereby agrees to:
a) Adhere to the terms and conditions governing the SERVICE as outlined in these TERMS and other relevant documents concerning the SERVICE's usage;
b) Fulfill all financial obligations, fees, and other applicable amounts associated with utilizing the selected SERVICE. These sums may be adjusted or deducted from any other owed amounts to or from RAFTAARPAY concerning the SERVICE, without prior notification;
c) Abide by the license terms and refrain from actions such as copying, modifying, creating derivative works, reverse engineering, decompiling, or attempting to extract the source code of the SERVICE and its included software, unless expressly permitted or mandated by law, or with prior written consent from RAFTAARPAY;
d) Avoid actions aimed at circumventing, disabling, or otherwise disrupting security features integrated into the SERVICE;
e) Refrain from probing, scanning, or testing the vulnerabilities of the SERVICE or any connected networks and from breaching security or authentication measures;
f) Avoid interfering with the proper functioning of the Services or any ongoing transactions, or with another individual's use of the SERVICE;
g) Provide RAFTAARPAY with (a) accurate, current, and complete information pertaining to the parties involved in the TRANSACTION as required for its execution; (b) necessary identity documents if requested; (c) any other pertinent information essential for the proper execution of the SERVICE;
h) Refrain from attempting to revoke, cancel, or suspend a TRANSACTION already processed or accepted by RAFTAARPAY for processing;
i) Perform necessary software updates included in the SERVICE, if deemed necessary.
4.2. The CLIENT and/or MERCHANT undertake to indemnify and release RAFTAARPAY from any liability associated with content generated, uploaded, transmitted, or displayed while using the SERVICES. RAFTAARPAY assumes no responsibility for any repercussions resulting from the CLIENT's and/or MERCHANT's interactions with the SERVICES. The CLIENT and/or MERCHANT commit to abstain from sharing, generating, uploading, transmitting, or displaying any material or information that falls within the scope of copyright, patent, trade secret, trademark, trade name, service mark, or any proprietary rights, including privacy and/or publicity rights, unless permitted under relevant licenses or other intellectual property rights.
4.3. By utilizing the SERVICES, the CLIENT and/or MERCHANT assume full responsibility for any outcomes arising from their usage. They acknowledge and affirm that RAFTAARPAY shall not be held accountable for, and agree to release RAFTAARPAY from, any direct incidental, special, consequential, indirect, or punitive damages that may arise from their use or inability to use the SERVICES. The CLIENT and/or MERCHANT pledge to indemnify RAFTAARPAY from any direct, incidental, special, consequential, indirect, or punitive damages arising from their use of the SERVICES in contravention of these GENERAL TERMS.
4.4. The CLIENT and/or MERCHANT comprehend and consent that RAFTAARPAY retains the right, solely at its discretion and without any obligation, to gather, examine, highlight, filter, adjust, hinder, decline, or erase any or all data conveyed by any user, explicitly or implicitly, using the SERVICES. RAFTAARPAY shall not be held liable, under both equitable principles and legal provisions, for any present or potential liabilities stemming from such actions, including but not limited to the gathering, examination, highlighting, filtering, adjustment, hindering, declination, or deletion of any or all data conveyed by any user through the SERVICES.
5.1. RAFTAARPAY provides the MERCHANT a non-exclusive, non-sublicensable, revocable (subject to conditions herein) right to use the SERVICE for CLIENTS, in English, without any additional fees, with terms no less restrictive than those outlined in this section
5.2. RAFTAARPAY grants the MERCHANT a non-exclusive, non-sublicensable, revocable (subject to terms herein) right, in English, without extra compensation:
a) Utilize the SERVICE for showcasing, sales, and support in commercial settings.
b) Authorize CLIENTS to use the SERVICE based on the terms specified in these GENERAL TERMS.
c) Incorporate its products and software with the SERVICE using the provided application programming interface (API) or software development kit (SDK) from RAFTAARPAY (however, this does not confer any rights to the MERCHANT or CLIENT regarding the API and/or SDK).
d) Distribute any necessary corrections, updates, upgrades, modifications, and improvements of the SERVICE supplied by RAFTAARPAY to ensure the reasonable and essential updating or upgrading of the SERVICE.
6.1. RAFTAARPAY provides CLIENT with a royalty-free, revocable (as outlined in the terms and conditions herein), non-exclusive, non-sublicensable right and sub-license to access and utilize the SERVICE in English language. This license extends to the following areas:
a) Employing the SERVICE following its defined specifications.
b) Downloading software integral to the SERVICE, if the SERVICE specifications permit such action.
c) Presenting the SERVICE on a device screen, inclusive of its integration within other systems implementing the SERVICE.
d) Activating the SERVICE on the device, including its integration within other systems implementing the SERVICE.
e) Utilizing the SERVICE to conduct transactions
7.1. The SERVICE and its incorporated software (or any part thereof) may contain content sourced from third-party services and resources. The CLIENT and/or MERCHANT acknowledges and accepts that RAFTAARPAY holds no responsibility or liability for the availability, accuracy, appropriateness, completeness, or non-infringement of such third-party software or services or the content, products, or services offered through these third-party services. The availability of such third-party services does not indicate any endorsement by RAFTAARPAY of these services or the content, products, or services accessible through them.
7.2. RAFTAARPAY provides no representation or warranties concerning any service, content, and/or other resources supplied by third parties.
8.1. The CLIENT and/or MERCHANT commit to the following:
a) They shall not provide, distribute, or furnish the SERVICE and its incorporated software (or any part thereof) in any form, whether for a fee or free of charge (such as selling, sublicensing, renting, leasing, sharing, or others) to any third parties, except as permitted under these GENERAL TERMS or any other agreements established with RAFTAARPAY.
b) They shall refrain from automating the utilization of the SERVICE and its included software (or any part thereof) or hosting it within a server environment or on any devices to offer its functionality to any third parties.
c) They shall not (nor allow others to) copy, modify, produce derivative works of, reverse engineer, decompile, or attempt to extract the source code of the SERVICE and its incorporated software (or any part thereof), unless expressly allowed or required by law, or unless RAFTAARPAY has granted prior written consent to the CLIENT and/or MERCHANT.
d) They shall not transfer the rights granted by these GENERAL TERMS to any third party without obtaining prior written consent from RAFTAARPAY.
8.2. Unless specifically arranged with the CLIENT and/or MERCHANT, the license provided in these GENERAL TERMS does not cover the right to:
a) Distribute specific works and their copies or introduce them into the market.
b) Translate, adjust, alter the layout, or make any other modifications to the works, develop the SERVICE and its incorporated software (or any part thereof), decompile, reverse engineer, reproduce, or modify the SERVICE and its incorporated software (or any part thereof) wholly or partially, copy the source code of the SERVICE and its incorporated software (or any part thereof), or transform the code format.
c) Exercise or allow the exercise of any derivative copyrights to the software.
8.3. The source code of the SERVICE and its integrated software (or any part thereof) is not included within the rights granted to the CLIENT and/or MERCHANT.
8.4. RAFTAARPAY reserves the right to immediately terminate or revoke the license if the CLIENT and/or MERCHANT breaches the conditions outlined in this section 8 of the TERMS or any other provisions of these GENERAL TERMS or other agreements made with RAFTAARPAY. Should such a violation occur, the CLIENT and/or MERCHANT must promptly cease the activities that led to the breach and rectify its consequences within the timeframe specified by RAFTAARPAY, not exceeding 3 (three) Business Days.
9.1. RAFTAARPAY does not provide any explicit or implicit guarantee concerning the efficiency or features of the SERVICE and its integrated software (or any part thereof) extended to the CLIENT and/or MERCHANT. Specifically, RAFTAARPAY does not assure:
a) the accuracy, authenticity, or precision of the data or information transmitted to or from the SERVICE;
b) uninterrupted usage of the SERVICE without any errors;
c) the specific outcome or information that may result from utilizing the SERVICES.
9.2. The CLIENT and/or MERCHANT recognize and agree that:
a) Usage of the SERVICE and its embedded software (or any segment thereof) is confined to devices and in a manner delineated by RAFTAARPAY's specifications.
b) Specifications, operating times, and other parameters outlined by RAFTAARPAY in documents or publicly accessible materials are general and approximate, possibly differing from the actual performance observed by the CLIENT and/or MERCHANT while using the SERVICE and its integrated software (or any portion thereof).
c) RAFTAARPAY doesn't assure that any specific outcome will be achieved by the CLIENT and/or MERCHANT through the utilization of the SERVICE and its embedded software (or any portion thereof).
d) The SERVICE and its integrated software (or any portion thereof) might not be completely error-free, but RAFTAARPAY endeavors to mitigate potential errors.
e) RAFTAARPAY doesn't guarantee a minimum frequency for providing software updates to the CLIENT and/or MERCHANT.
9.3. RAFTAARPAY assumes no responsibility for any loss, expenses, indemnity, impairment, or obligation incurred by the CLIENT and/or MERCHANT or any third party, whether directly or indirectly, resulting from any or all of the subsequent circumstances:
a) Rejection by RAFTAARPAY or the BANK to permit, accept, or validate the TRANSACTION for reasonable or legally mandated grounds.
b) Unauthorized approval or authorization denial of the TRANSACTION for any cause.
c) Defects in products purchased through the SERVICE or any inadequacy in service quality.
d) The inability of the CLIENT and/or MERCHANT to execute or finalize a TRANSACTION due to service/system/line unavailability.
e) Delays, interruptions, or cessation of the TRANSACTION due to factors beyond RAFTAARPAY’s control (e.g., natural calamities, labor disputes, governmental actions, technical faults, etc.).
f) Instances of fraud, theft, or improper utilization of the SERVICE resulting in losses or liabilities to the CLIENT and/or MERCHANT or any third party, or failure of the CLIENT and/or MERCHANT to access the SERVICE for any reason.
g) Misconduct, fraud, or deceptive acts committed by any third party.
h) Potential data breaches or exposures when utilizing the SERVICE.
9.4. Unless prohibited or rendered unenforceable by applicable law, any limitation or exclusion of liability by RAFTAARPAY shall be further restricted as specified in section 9.
9.5. RAFTAARPAY bears no responsibility for any direct or indirect damages that may arise from utilizing the RAFTAARPAY SERVICE. Specifically, RAFTAARPAY disclaims liability for any loss of earnings or revenue or any incidental, consequential, indirect, punitive, or exemplary damages, even if the possibility of such damages has been communicated.
9.6. RAFTAARPAY disavows all accountability and liability in contract, tort (including negligence), or any other grounds for any loss or damage resulting, either directly or indirectly, from the use of or reliance upon the RAFTAARPAY SERVICE and associated software.
9.7. RAFTAARPAY also disclaims all accountability and liability in contract (including negligence), tort (including negligence), or any other circumstances for any loss or damage attributable to third-party systems and software linked with the RAFTAARPAY SERVICE.
10.2. RAFTAARPAY holds the discretion to suspend or terminate the rights of the CLIENT and/or MERCHANT at any time without liability, thereby causing the expiration of the license and usage rights for the SERVICE. This action may be taken, especially when RAFTAARPAY deems it necessary: (a) to adhere to legal requirements, (b) to prevent imminent data loss, or (c) in situations where the CLIENT and/or MERCHANT’s actions result in diminished SERVICE performance.
10.3. The CLIENT and/or MERCHANT comprehend and agree that RAFTAARPAY reserves the right, at its sole discretion and without any obligation, to deny access to and/or discontinue the SERVICES or any component without prior notice. RAFTAARPAY shall not be liable under equity or the law for any consequences arising from such denial or discontinuation of the SERVICES.
10.4. The CLIENT and/or MERCHANT acknowledge and consent to RAFTAARPAY's right to verify, cross-reference, and validate the accuracy of information provided. RAFTAARPAY may obtain additional information from third-party service providers based on their express, voluntary authorization.
10.5. The CLIENT and/or MERCHANT acknowledge RAFTAARPAY's right to send service updates and messages, including notifications via SMS, email, or other means, regarding enhancements, products, promotions, or any relevant information about the SERVICES, without any warranty provided for such notifications.
10.6. The CLIENT and/or MERCHANT agree that RAFTAARPAY has the right, at its sole discretion, to impose limitations, fees, and applicable taxes for using the SERVICES, following prior notice and in compliance with relevant laws.
10.7. The CLIENT and/or MERCHANT recognize that RAFTAARPAY holds the authority to withhold or offset TRANSACTIONS if there is a reasonable suspicion of compromise, fraud, or misuse of the SERVICES. RAFTAARPAY can apply such measures to offset obligations from deposited funds or accounts held with RAFTAARPAY.
10.8. The CLIENT and/or MERCHANT understand that RAFTAARPAY holds the right, at its sole discretion, to enforce the terms outlined in these GENERAL TERMS. This includes performing investigations and legal actions with law enforcement agencies if required. Non-enforcement of RAFTAARPAY’s rights under these TERMS shall not be interpreted as a waiver of these rights.
11.1. These GENERAL TERMS are subject to periodic review and potential amendments by RAFTAARPAY. In the event of amendments, RAFTAARPAY will provide prior notice to the CLIENT and/or MERCHANT before implementing the changes. The revised TERMS will be published on RAFTAARPAY’S dedicated website (https://www.RaftaarPay.in/), and this publication will be considered adequate notice. It remains the responsibility of the CLIENT and/or MERCHANT to regularly check for any alterations to these GENERAL TERMS on the aforementioned website. Continued use of the SERVICE after such changes will be deemed as acceptance of the updated GENERAL TERMS.
11.2. No provision within these GENERAL TERMS will be considered waived or altered unless such waiver or modification is documented in writing.
11.3. These GENERAL TERMS cannot be transferred or assigned without obtaining prior written consent from RAFTAARPAY.
11.4. The failure, omission, or delay on the part of RAFTAARPAY to exercise its rights or remedies outlined in these TERMS shall not constitute a waiver.
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