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1. Buxpay Privacy & Policy.
** Confidentiality **
The User may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to BUXPAY 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").
The User shall keep Confidential Information in confidence. The User shall use commercial, reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of the Confidential Information from public disclosure, and the User shall at all times maintain appropriate measures to protect the security and integrity of the Confidential Information. The User shall not, without BUXPAY's prior written consent, divulge any of the Confidential Information to any third party other than the User's officers, employees, agents or representatives who have a need to know for the purposes of these Terms of Use.
The User hereby unconditionally and irrevocably agrees and undertakes to take all necessary measures to ensure that the User's website or any other computer system that is being used to effect Transactions by the usage of Services, do not store/ save any customer card or any other such related data. You further undertake that you shall be responsible for ensuring complete and absolutely privacy, anonymity and security of all customer data flowing through your systems during the usage of the Services by you.
Exceptions:
The aforesaid confidentiality obligations shall impose no obligation on the User with respect to any portion of Confidential Information which:
Was at the time received or which thereafter becomes, through no act or failure on the part of the User, generally known or available to the public;
Was at the time of receipt, known to the User as evidenced by written documentation then rightfully in the possession of the User or BUXPAY;
Was already acquired by the User from a third party who does not thereby breach an obligation of confidentiality to BUXPAY and who discloses it to the User in good faith;
Was developed by the User without use of the BUXPAY's Confidential Information in such development; or Has been disclosed pursuant to the requirements of applicable law, any governmental/ regulatory authority, judicial/ quasi-judicial authority provided however, that BUXPAY shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order.
** 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 Policies, including the provisions of our Privacy Policy.
**Complaints and 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 to the Grievance cum Nodal Officer at the co-ordinates mentioned below in writing or by way of raising a grievance ticket through the hyperlink mentioned below:
Grievance cum Nodal Officer -
2. Buxpay Terms & Condition
** Introduction and Terms of Use **
The terms and conditions contained hereinafter ("Terms of Use") shall apply to the use of the website www.buxpay.in 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 BUXPAY FINTECH PRIVATE LIMITED ("BUXPAY" or "we" or "our" or "us" or "company") (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 put up on the Website) and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms of Use). These Terms of Use, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and BUXPAY. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with BUXPAY for other services. THE USER UNDERSTANDS AND UNCONDITIONALLY ACKNOWLEDGES THAT EVEN THOUGH THE USER MAY BE ALLOWED TO EXECUTE TRANSACTIONS ON THE PLATFORM OF BUXPAY, THE FUNDS SHALL NOT BE SETTLED TO THE ACCOUNT OF SUCH USER PENDING COMPLETION OF KYC OBLIGATIONS ON THE PART OF THE USER IN ACCORDANCE WITH THE BUXPAY KYC GUIDELINES (DEFINED BELOW). FURTHER, UPON NON-COMPLETION OF KYC OBLIGATIONS ON THE PART OF THE USER, AS MENTIONED ABOVE, TO THE SATISFACTION OF BUXPAY, WE RESERVE THE RIGHT TO NOT RELEASE THE SETTLEMENT AMOUNTS TO THE USER AND MAY EVENTUALLY REVERSE THE FUNDS TO THE ACCOUNT FROM WHERE SUCH PAYMENT ORIGINATED. Please read the terms set out hereunder carefully before agreeing to the same. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Website. You can accept the Terms of Use by: Clicking to accept or agree to the Terms of Use, where this option is made available to you by BUXPAY in the User interface for any particular Service; or Accessing, testing or actually using the Services. In this case, you understand and agree that BUXPAY will treat your use of the Services as acceptance of the Terms of Use from that point onwards. 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 BUXPAY will be effective immediately. By continuing to use this Website or to access the Services / usage of our Services after changes are made, you agree to be bound by the revised/ amended Terms of Use and such amendments shall supersede all other terms of use previously accepted by the User. You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI (the "KYC Guidelines") etc., that may be applicable to you in connection with your business and use of our Services.
** Use of the Services by User **
In order to access certain Services, you may be required to open a User account with BUXPAY 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 BUXPAY 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. Further, you agree to indemnify and keep us indemnified from and against all claims resulting from the use of any detail/ information/ Registration Data that you post and/ or supply to us. We shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior intimation to you. Notwithstanding anything else contained in any other agreement involving you and BUXPAY and/ or any other third party, in order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us. Any amendment or rectification of your Registration Data in the User account can be carried out by accessing the "User account" section on the Website. You may choose to delete any or all of your User content/ information or even the User account at any time. Processing such deletion may take some time, but the same shall be done by BUXPAY. We may maintain backup of all User content for such time as may be required under applicable laws and for operational purposes of BUXPAY. You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure on your part to protect your login ID or password or any other credential pertaining to your account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at. In the event of any dispute between two or more parties as to ownership of any particular account with BUXPAY, you agree that BUXPAY shall be the sole arbitrator for such dispute and that BUXPAY's decision in this regard will be final and binding on you. You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
Belongs to another person and to which you do not have any right to; Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; Harms minors in any way; Infringes any patent, trademark, copyright or other proprietary rights of any person or entity anywhere in the world;
Violates any law for the time being in force; Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; Impersonates another person; Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; Threatens the unity, integrity, defense, 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 investigation of any offence or is insulting to any other nation; or Is illegal in any other way. You agree and understand that BUXPAY reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Website, you are requested to immediately contact our SUPPORT TEAM. You agree to use the Services only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to use the data owned by BUXPAY (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 BUXPAY 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 BUXPAY, unless you have been specifically allowed to do so in a separate agreement with BUXPAY. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. 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) on this Website. Unless you have been specifically permitted to do so in a separate agreement with BUXPAY, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that BUXPAY 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 BUXPAY may suffer) of any such breach. You further agree to the use of your data by us in accordance with the Privacy Policy. BUXPAY may share any Content (defined hereinafter) generated by the User or their Registration Data with governmental and regulatory agencies who are lawfully authorised for investigative, protective and cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution pertaining to cyber security incidents and punishment of offences under any law for the time being in force. If you have opted for use of BUXPAY'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 BUXPAY, then you consent that the relevant amount will be charged to such payment method as per the billing cycle communicated to BUXPAY. You agree that BUXPAY 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 **
Any person who is above eighteen (18) years of age and competent to contract under the applicable laws is eligible to access or visit the Website or avail the Services displayed therein. Your use or access of the Website shall be treated as your representation that you are competent to contract and if you are registering as a business entity, then you represent and warrant that you have the authority to bind such business entity to the Terms of Use. Without generality of the foregoing, use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872 and any amendments thereto. [ ]{.underline} The User represents and warrants that it will be financially responsible for all of User's usage (including the purchase of any Service) and access of the Website. The User shall also be responsible for use of User's account by others. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.
** 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 should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to BUXPAY (or by other persons or companies on their behalf). 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 BUXPAY or by the owners of that Content, in writing and in a separate agreement. BUXPAY reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. BUXPAY 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, favorites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. BUXPAY 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 BUXPAY 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 BUXPAY 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 BUXPAY may suffer) by doing so.
** Proprietary Rights **
You acknowledge and agree that BUXPAY (or BUXPAY'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 BUXPAY and that you shall not disclose such information without BUXPAY's prior written consent. Unless you have agreed otherwise in writing with BUXPAY, nothing in the Terms of Use gives you a right to use any of BUXPAY'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 BUXPAY, 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.
** Compliance with anti-bribery and anti-corruption laws **
User agrees and unconditionally undertakes to comply with all applicable commercial and public anti-bribery and anti-corruption laws (including but not limited to the provisions of Foreign Corrupt Practices Act, 1977, UK Bribery Act, 2010, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto) which prohibit the User, its/ his/ her officials, representatives, agents or any other person associated with or acting on behalf of such User from giving, offering, promising to offer, receiving/ accepting or acting in any other manner so as to induce a payment, gift, hospitality or anything of value (either directly or indirectly) whether from within the country or from abroad to government officials, publics servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties or office bearers thereof or any other third party or person in order to obtain an improper commercial/business advantage of any kind. Government Officials include any government employee, candidate for public office, an employee of government - owned or government -- controlled companies, public international organisation and political parties. User also agrees not to give, offer, pay, promise or authorise to give or pay, directly or through any other person, anything of value to anybody for the purpose of inducing or rewarding any favourable action or influencing a decision in favour of the User. The User also unconditionally agrees and undertakes that it is compliant with and shall do/ undertake all acts necessary to continue to be compliant with the provisions of 'The Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation', RBI, as amended from time to time.
** Limitation of Liability **
Subject to the overall provisions stated above, you expressly understand and agree that BUXPAY, its subsidiaries, affiliates, promoters, directors, employees, agents and licensors shall not be liable to you for: Any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss; Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services; The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services; Your failure to provide BUXPAY with accurate Registration Data; or Your failure to keep your password or account details secure and confidential. The limitations on BUXPAY's liability to you shall apply whether or not BUXPAY has/ had been advised of or should have been aware of the possibility of any losses to you.
** 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 BUXPAY on the Services are subject to change without any specific notice to you. In consideration for BUXPAY granting you access to and use of the Services, you agree that BUXPAY may place such advertising on the Services.
** SELLING **
Suppliers are permitted to list products for sale on the Application in accordance with the Terms and Policies which are incorporated by way of reference in this Terms of Service. The Suppliers represent and warrant that they are legally able to sell or list the products on the Application; and the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. The Suppliers and the Users agree that the Company is not responsible for
** THIRD PARTY LINKS **
Certain content or products available via the Application may include materials from third-parties. Third-party links on the Application may direct the Users to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
** OPTIONAL TOOLS **
The Company may provide you with access to third-party tools over which Company neither monitors nor has any control nor input. The Users acknowledge and agree that access to such tools is in an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. The Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by the Users of the optional tools offered through the Application is entirely at their own risk and discretion and it is the responsibility of the Users that they ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). The Company may also, in the future, offer new features through the Application (including, the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
** 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 the escrow 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 BUXPAY account is closed or terminated
** COMMUNICATIONS **
The Company urges the users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from BUXPAY.IN domain.
** SECURITY COMPONENTS **
The Users understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company or other parties that facilitate the same. The Users agree that they will not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in the Platform.
** Settlements **
In consideration of the Services rendered by us, you shall pay BUXPAY a fee ("Fee"). BUXPAY reserves the right to revise the Fee periodically and will intimate you of any such change within reasonable time.The seller will bear and be responsible and liable for the payment of all relevant taxes in relation to the payments made under these Terms of Use. Sellers receive the amount (minus BUXPAY's Fee) in their bank account within T+ 10 bank working days where T is defined as the date of intimation of the completion of the transaction. BUXPAY shall be entitled to charge on the Fee, taxes applicable from time to time ("Applicable Taxes"). It is agreed that any statutory variations in Applicable Taxes during the subsistence of this Agreement shall be borne by the User.Monthly invoices shall be raised by us in respect of the Fees charged for transactions processed during such month. Any reasonable dispute in respect of an amount (or a portion thereof) mentioned in an invoice must be communicated by the User via notice ("Invoice Dispute Notice") within a reasonable period of time but no later than thirty (30) calendar days from the date of the invoice. BUXPAY shall use good faith efforts to reconcile any reasonably disputed amounts within reasonable time from the receipt of the Invoice Dispute Notice. In respect of invoices received by the Client, it is agreed that if the User pays over applicable taxes under the Indian Income Tax laws and furnishes to us the TRACES certificate in respect of such taxes paid, then we shall reimburse to the User, on a quarterly basis, the amount in respect of such taxes paid. Once a payment is authenticated by payment service providers, money shall be moved to the escrow account and the first settlement shall be initiated only after all required documents (in hard copies) are received by BUXPAY. All risks associated with the delivery of the goods or service will solely be that of the seller and not of BUXPAY. Also, all disputes regarding quality, merchantability, non-delivery, delay in delivery or otherwise will be directly between the seller and the buyer without making BUXPAY and/ or the payment service providers, a party to such disputes. Further, BUXPAY also reserves the right to close, suspend, limit or put on hold the User's access to the account with BUXPAY and/ or the funds available therein, including settlements pertaining to the User under inter alia the following scenarios: If such User's KYC credentials are found to be ingenuine or fake; If the User makes incorrect or untrue disclosure of the nature of its business, resulting in a merchant category code violation; For violation of any of the provisions of these "Terms of Use"; For violation of any of the provisions of any other agreement that the User has entered into or might enter into with BUXPAY; and For violation of any of the applicable laws by such User. Such right to close, suspend, limit or put on hold the User's access to the account with BUXPAY shall continue till such time that such User submits genuine KYC documents or credentials to the satisfaction of the relevant authorities as per the extant rules, regulations or guidelines with regard to KYC, as well as to the satisfaction of BUXPAY without prejudice to any other legal remedy that BUXPAY is entitled to prefer as per applicable law.
** 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: Adult goods and services which include pornography and other sexually suggestive materials (including literature, imagery and other media), escort or prostitution services, website access and/or website memberships of pornography or illegal sites; Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne etc.; Body parts which include organs or other body parts; Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam); Cable descramblers and black boxes which include devices intended to obtain cable and satellite signals for free; Child pornography which includes pornographic materials involving minors; Copyright unlocking devices which include mod chips or other devices designed to circumvent copyright protection; Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials; Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software; Counterfeit and unauthorized goods which include replicas or imitations of designer goods, items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods; Drugs and drug paraphernalia which include illegal drugs and drug accessories, including herbal drugs like marijuana, salvia and magic mushrooms etc.; Drug test circumvention aids which include drug cleansing shakes, urine test additives, and related items; Endangered species which include plants, animals or other organisms (including product derivatives) in danger of extinction; Gaming/ gambling which include lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content; Government IDs or documents which include fake IDs, passports, diplomas, and noble titles; Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property; Illegal goods which include materials, products, or information promoting illegal goods or enabling illegal acts; Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes; Offensive goods which include literature, products or other materials that inter alia : Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors; Encourage or incite violent acts; or Promote intolerance or hatred. Offensive goods which include crime scene photos or items, such as personal belongings, associated with criminals; Pyrotechnic devices, combustibles, corrosives and hazardous materials which include explosives and related goods, toxic, flammable, and radioactive materials and substances; Regulated goods which include air bags, batteries containing mercury, freon or similar substances/ refrigerants, chemical/ industrial solvents, government uniforms, car titles, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides, postage meters, recalled items, slot machines, surveillance equipment, goods regulated by government or other agency specifications; Securities which include government and/ or public sector unit bonds, stocks, debentures or related financial products; Tobacco and cigarettes which include cigarettes, cigars, chewing tobacco, and related products; Traffic devices which include radar detectors/ jammers, license plate covers, traffic signal changers, and related products; Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, gun powder or explosive mixtures and other armaments; Wholesale currency which includes discounted currencies or currency exchanges; Live animals or hides/ skins/ teeth, nails and other parts etc. of animals; Multi-level marketing collection fees; Matrix sites or sites using a matrix scheme approach; Work-at-home approach and/ or work-at-home information; Drop-shipped merchandise; Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India; The User providing services that have the potential of casting the payment gateway facilitators in a poor light and/ or that may be prone to buy and deny attitude of the cardholders when billed (e.g. adult material/ mature content/ escort services/ friend finders) and thus leading to chargeback and fraud losses; Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. web-based telephony, website supplying medicines or controlled substances, website that promise online match-making); Businesses out rightly banned by law (e.g. betting & gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/ communal tensions, lotteries/ sweepstakes & games of chance; Businesses dealing in intangible goods/ services (e.g. software download/ health/ beauty Products), and involved in pyramid marketing schemes or get-rich-quick schemes; Any other product or service, which in the sole opinion of either the Acquiring Bank, is detrimental to the image and interests of either of them/ both of them, as communicated by either of them/ both of them to the User from time to time. This shall be without prejudice to any other terms & conditions mentioned in these Terms of Use;Mailing lists; Virtual currency, cryptocurrency, prohibited investments for commercial gain or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world; Money laundering services; Database providers (for tele-callers); Bidding/ auction houses; Activities prohibited by the Telecom Regulatory Authority of India; and Any other activities prohibited by applicable law. The above list is subject to additions/ amendments (basis changes/ amendments to applicable laws) by BUXPAY without prior intimation to you.
** Technical Issues & Delivery Policy **
In case of any technical issues, please raise a support ticket by emailing us atto let us know of the same. We endeavour to deliver Service to you within 3 (three) working days.
** 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 Noida, India and the Users irrevocably submit themselves to the jurisdiction of such courts/ tribunals. -
3. Buxpay Whistle Blower Policy
** Whistle blower Policy **
Buxpay encourages its employees and partners such as suppliers, service providers, users and anyone having any connection with Buxpay, who have reasonable suspicions of misconduct to report such concerns without fear of punishment. This Policy aims to set forth the means to express concerns relating to, but without limitation, violations of law and Buxpay’s policies. Stakeholders can make disclosures by a written communication in good faith in relation to information that is indicative of unethical or improper activity. It is important to bear in mind that such disclosures cannot be personal or speculative in nature and should be based on facts. Such activities may include abuse of power/authority, breach of contract, manipulation of company data including financial data, fraud, violation of law, negligence, misappropriation of Buxpay’s assets, sexual harassment, breach of Meesho’s policies, breach of IT security, breach of data privacy. Upon receipt of such disclosures, Buxpay will ensure that the whistle blower is not victimized and that the disclosure is kept confidential and is protected in all respects. Buxpay will thoroughly investigate the matter while ensuring that an opportunity of being heard is provided to the persons involved. The investigation shall be fair, complete and strictly confidential. Investigations will be carried out by a panel appointed by the CEO. The outcome of the investigation will focus on recommending an appropriate course of action. Disclosures can be made online by addressing a mail to connect@buxpay.in or in writing to – The CEO. Buxpay Fintech Private Limited Unit No.321, Third Floor, G-14, Sector 3, U.P. India. Disclosures must include your name, e-mail ID, contact number and a detailed description of their concern. Lack of these details will prevent an investigation from being undertaken. It is also important that concerns are made in good faith, with the whistleblower reasonable believing that the information is true. Buxpay guarantees that a whistleblower will not be subjected to any kind of discrimination and will not face any retaliation. Buxpay will not tolerate any kind of harassment towards whistleblowers and strict action will be taken against any person engaging in such an activity. -
4. Disclaimer
** Introduction **
Buxpay takes the security of our systems and its data very seriously. We are continuously striving to maintain and ensure that our environment is safe and secure for everyone to use. If you’ve discovered any security vulnerabilities associated with any of our Buxpay services, we do appreciate your help in disclosing it to us in a responsible manner. Buxpay will engage with you as external security researchers (the Researcher) when vulnerabilities are reported to us in accordance with this Responsible Disclosure Policy. If a Researcher follows the rules set out in this Responsible Disclosure Policy when reporting a security vulnerability to us, unless prescribed otherwise by law or the payment scheme rules, we commit to: promptly acknowledging receipt of your vulnerability report and work with the researcher to understand and attempt to resolve the issue quickly; validating, responding and fixing such vulnerability in accordance with our commitment to security and privacy. We will notify you when the issue is fixed unless prescribed by law otherwise, not pursue or take legal action against you or the person who reported such security vulnerabilities; not suspend or terminate access to our service/services if you are a merchant. If you are an agent, not suspend or terminate merchants access to our services to which the agent represents;
** Focus Areas **
Automated tools or scripts ARE STRICTLY PROHIBITED, and any POC submitted to us should have a proper step-by-step guide to reproduce the issue. Abuse of any vulnerability found shall be liable for legal penalties Able to bypass payment flow Price manipulation with a successful transaction (transaction id required) SQL Injections Remote Code Execution (RCE) vulnerabilities Shell Upload vulnerabilities (only upload basic backend script that just prints some string, preferably try printing the hostname of the server and stop there ! YES STOP THERE ! ) Authentication and Authorization vulnerabilities including horizontal and vertical escalation. (Use 2 different test accounts created by you) Domain take-over vulnerabilities Stored XSS Bulk user sensitive information leak Descriptive error messages (e.g. Stack Traces, application or server errors) Any vulnerability that can affect the Buxpay Brand, User (Customer/Merchant) data and financial transactions
** Out of Scope **
General Price manipulation WITHOUT SUCCESSFUL TRANSACTION Any services hosted by 3rd party providers and services not provided by Buxpay Any service that is not mentioned in the In Scope domains section IDOR references for objects that you have permission to access Duplicate submissions that are being remediated Known issues Rate limiting (Unless it implies severe threat to data, business loss) Multiple reports for the same vulnerability type with minor differences (only one will be rewarded) Open redirects Clickjacking and issues only exploitable through clickjacking Only session cookies needed http and secure flags. Apart from these, for other cookies we won’t consider as vulnerability Issues without clearly identified security impact such as missing security headers. Missing CAA headers Vulnerabilities requiring physical access to the victim's unlocked device. Formula Injection or CSV Injection DOM Based Self-XSS and issues exploitable only through Self-XSS. System and Infrastructure Related Patches released within the last 30 days Networking issues or industry standards Password complexity Email related: SPF or DMARC records Gmail "+" and "." acceptance Email bombs Unsubscribing from marketing emails Information Leakage: HTTP 404 codes/pages or other HTTP non-200 codes/pages Fingerprinting / banner disclosure on common/public services Disclosure of known public files or directories, (e.g. robots.txt) Cacheable SSL pages Login and Session Related Forgot Password page bruteforce and account lockout not enforced Lack of Captcha Presence of application or web browser ‘autocomplete’ or ‘save password’ functionality Session Timeouts Testing A Researcher can test only against a merchant account if they are an account owner or an agent authorised by the account owner to conduct such testing. As a Researcher, in no event are you permitted to access, download or modify data residing in any other account or that does not belong to you or attempt to do any such activities. In the interest of the safety of our merchants, users, employees, the Internet at large and you as a Researcher, the following test types are expressly excluded from scope and testing: any findings from physical testing (office access, tailgating, open doors) or DOS or DDOS vulnerabilities. A responsible disclosure also does not include identifying any spelling mistakes, or any UI and UX bugs.
* * Rules * *
We require that all Researchers must: Make every effort to avoid privacy violations, degradation of user or merchant experience, disruption to production systems, and destruction of data during security testing. Not attempt to gain access to any other persons account, data or personal information. Use their real email address to signup and report any vulnerability information to us. Keep information about any vulnerabilities you’ve discovered confidential between yourself and Buxpay. Buxpay will take a reasonable time to remedy such vulnerability (approximately 1 month as a minimum but this is dependent on the nature of the security vulnerability and regulatory compliance by Buxpay). The Researcher shall not publicly disclose the bug or vulnerability on any online or physical platform before it is fixed and prior written approval to publicly disclose from Buxpay. Not perform any attack that could harm the reliability, integrity and capacity of our Services. DDoS/spam attacks are STRICTLY not allowed Not use scanners or automated tools to find vulnerabilities (noisy and we may automatically suspend your account and ban your IP address) As a Researcher, you represent and warrant that you have the right, title and interest to disclose any vulnerability found and to submit any information, including documents, codes, among others, in connection therewith. Once you inform a vulnerability, you grant Buxpay, its subsidiaries and affiliates an irrevocable, worldwide, royalty-free, transferable, sublicensable right to use in any way Buxpay deems appropriate for any purpose, such as: reproduction, modification, distribution, adaptation among other uses, the information related with the vulnerabilities. Further, you hereby waive all other claims of any nature, including express contract, implied-in-fact contract, or quasi-contract, arising out of any disclosure accepted by Buxpay. Remember that you must never attempt non-technical attacks such as social engineering, phishing, or physical attacks against our employees, users, or infrastructure. We will not pursue civil action or initiate a complaint to law enforcement for accidental, good faith violations of this policy. We consider activities conducted consistent with this policy to constitute “authorized” conduct under the Computer Fraud and Abuse Act. We will not bring a DMCA claim against you for circumventing the technological measures we have used to protect the applications in scope. If legal action is initiated by a third party against you and you have complied with Buxpay, Buxpay will take steps to make it known that your actions were conducted in compliance with this policy. Public Disclosure Policy: By default, this program is in “PUBLIC NONDISCLOSURE” mode which means: "THIS PROGRAM DOES NOT ALLOW PUBLIC DISCLOSURE. ONE SHOULD NOT RELEASE THE INFORMATION ABOUT VULNERABILITIES FOUND IN THIS PROGRAM TO PUBLIC, FAILING WHICH SHALL BE LIABLE FOR LEGAL PENALTIES!” The Fine Print We may modify the terms of this program or terminate this program at any time. We won’t apply any changes we make to these program terms retroactively. -
5. REFUND AND CANCELLATION POLICY
** REFUND AND CANCELLATION POLICY **
Transactions may be disputed anytime within up to 120 (one hundred twenty) days, from the date of transaction by a buyer, as per the Card Payment Network Rules. Disputes resolved in favour of a buyer may result in reversal of payment to such buyer ("Chargeback"). In the event of rejection/ suspension of payments to the seller, chargebacks, refunds and/or any other dispute relating to the transactions contemplated under these Terms of Use ("Disputed Transaction"), on any grounds whatsoever, we will forthwith notify the seller of the same.
On such notification the seller will conduct an internal review of such matter and will, within 5 (five) working days from receipt of notification, respond to us in writing either:
Requesting us to refund Refund Request the payment received by the seller in respect of such Disputed Transaction Refund Monies; or
Providing us with a statement explaining how the Disputed Transaction is not warranted, together with all documentary evidence in support of contesting such Disputed Transaction.
All refunds shall be made to the original method of payment. In the event that the seller provides a Refund Request to us or fails to contest such Disputed Transaction within the aforesaid 5 (five) working days or contests Disputed Transaction without providing supporting documentation to us, payment service providers, Card Payment Network and/ or issuing institution's satisfaction, we will be entitled to recover the Refund Monies from credits subsequently made to the escrow account with respect to payments made by the seller's buyers.
In the event that we are unable to recover the Refund Monies as aforesaid, due to the amounts credited to the escrow account being lower than the Refund Monies, Buxpay shall be entitled to recover such Refund Monies (or any part thereof) from the User by (i) raising a debit note in respect of such monies; and/ or (ii) setting-off the remaining Refund Monies against the future payables to the seller and refund the same to the respective buyers. The seller will be liable to make payment of the Refund Monies or part thereof which has not been recovered by us forthwith. It is hereby agreed and acknowledged by the parties that the Fees charged by us in respect of the Disputed Transaction will not be refunded or repaid by us to the seller, buyer or any other person. Further, the Chargeback will be provided within 1 (one) week of the transaction and maximum amount of the Chargeback payable by buxpay to the buyer will be the value of the transaction only.