Your use of Zhudao Infotech Private Limited (henceforth OnionPay) Online Service and Products (referred to as the offering in this document as the “Offering” and excluding any offering provided to you by OnionPay under a separate written agreement) is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with OnionPay will always include at a minimum, the terms and conditions set out in this document.
Accepting the Terms: OnionPay shall interact with its Users (“Merchants” and replaceable with “You” using the Platform) through our website. By clicking a button or checkbox on a website, you accept and agree to the terms, where this option is made available to you by OnionPay in the User interface for any offering.
At OnionPay, we value legal activities, compliances and the word of the Law. We take our legal obligations seriously and hence, mandate that in order to use the offering, you must first agree to the terms. You may not use the offering if you do not accept the terms. Your use of our Offering in any manner is a deemed acceptance of each of the terms mentioned herein and other Policies or terms mentioned. If you require any assistance using our services please contact us on firstname.lastname@example.org or contact our grievance officer directly.
That these terms and conditions shall be read along with and in addition to any, all and each terms & conditions and policies which shall come into being from time to time and may or may not be published on our website. All applicable terms and conditions, policies and rules shall be read in conjunction with our Privacy policies, other applicable policies, as well as laws and a User shall use our Offerings only and only upon absolute and complete acceptance of our terms, conditions and policies with no exceptions whatsoever. In the event that you do not agree with our policies, terms and conditions in any part, or absolution thereof, you must not use our Offerings further and shall stop using them immediately.
In the event that you wish to stop using our Offerings in the middle of your usage of the same, you must intimate us of the same immediately so We can stop your usage of the Offerings and ensure that the terms are complied herewith.
What does this document contain?
- Provision of the offering by OnionPay
- Relationship between User and OnionPay
- User of Services
- Sharing of information
- User Obligations
- Your passwords and account security
- Misrepresentation to OnionPay or Customers
- Content in the offering
For The Purpose Of These Terms, we are only defining certain terms that we refer to specifically, otherwise, other Terms and words shall have the same connotation as they do in common parlance, industry communications, etc.
The Following Words And Phrases Shall Have The Meaning Assigned To Them Under This Article or as are used in the industry or legal meaning that each word might have.
a. Services: Means The Service Provided By OnionPay To Users, Whereby A User Can
(I) Receive Payments From Their Customers Or Other Payers; Or
(II) Make Payment To Suppliers, Beneficiaries Or Other Payees, By
- IMPS/NEFT/RTGS; Or
- Credit/ Debit Card; Or
- Net Banking; Or
- Any Other Mode Of Payment Through Banks, That May Be Accepted By OnionPay From Time To Time In These Terms.
b. User: Shall Mean Any Person or Entity (“Merchants” using the OnionPay Offering) Who Is Boarded On The OnionPay Platform For Using Their service or This Website And/Or Who Transacts Or Avails Of The Services Through This Website, To Make Or To Receive Payments To Or From Third Parties. The Term "User" Shall Also Cover Such Personnel/Team members Of Any User Who Are Authorized To Avail Of The Services On Behalf Of The User. The User can be both Indian as well as International entities provided that both have been duly incorporated for lawful purposes and are following lawful business practices and are not violating any laws in India or their own resident countries.
It is important to note that all persons using the User’s account on our platform is deemed to be authorised or have the authority to do so, unless the registered User has complained for unauthorized access of platform or has expressed concern with respect to use of the Platform by an unauthorized individual/entity, etc.
c. Customer: Shall mean all Customers transacting on the Platform to make purchases for services or products that belong to the Merchants or Users. The Customer accepts, agrees and understands that each of these transactions are made with the Merchant or Users and not with OnionPay. OnionPay is only a Payment Aggregator as per the definitions of the RBI guidelines. In the event that the Customers have any claims against any products purchased or services paid for, the Customers shall make such claims against the Merchants only and OnionPay shall offer and extend all possible assistance that the Customer requires to deal with such complaints. The Customer shall also include or refer to or be alternatively replaced with Payer or Payee, depending on the type of transaction that is taking place on the User’s website/portal.
The Website And Services Are Intended Solely For Persons Who Can Form Legally Binding Contracts Under Indian Law And Who Are 18 Years Of Age Or Older or by Duly incorporated or authorised entities and their authorised individuals/representatives.
A User Represents And Warrants That He Has Full Power And Authority For Using The Services And Is In Strict Compliance Of All Laws.
In Order To Avail Our Offerings, You Must Be Registered With OnionPay. In order to use our Offerings, You must Provide OnionPay With All Such Documents as may be required by OnionPay and is sought by you in a due manner. In the event that you are unable to provide us with requisite documents and details, you must not register for our Offerings.
The User shall ensure that all such documents shall be authentic, reliable. Updated and relevant. The User is strictly prohibited to use our Services for the Websites/Business not registered with OnionPay and the Services Providers. The User shall keep OnionPay fully indemnified in the event this Clause is breached.
The User shall also ensure that all details provided during or for registration shall be true and correct and shall not make any misrepresentations or state wrong facts, etc. for such registration. By registering with OnionPay, You agree to provide true, accurate, current and complete information failing which OnionPay may at any time reject User’s Registration And Terminate their Right To Use Or Access The Website And/Or Offerings. When User Registers With OnionPay, A User Account Will Be Created, That Is Associated With User’s User Name, Password And Other Identifying Information. User Shall Be Responsible For Anything That Happens Through their User Account.
4. Provision of the Offering by OnionPay
The Offering is an online and digitally enabled payment service that helps you accept and process online payments made by various modes, including credit cards, debit cards and other card payments. It is important for you to note, understand and remember that OnionPay is not a bank or a Non Banking Financial institution, and does not represent or warrant that it seeks to or is capable of providing services for banking and allied activities in any manner whatsoever. You need to have an existing account with an institution capable of providing banking services in order to access the offering. If you wish to understand in further detail, about what OnionPay does and its Offerings, we recommend that you contact us on email@example.com.
OnionPay provides APIs and other softwares/technology support for use by its Users, and will attempt to continuously innovate in order to provide the best possible offering for its Users. You acknowledge and agree that the form and nature of the offering which OnionPay provides may change from time to time and that OnionPay has absolute discretion to make any changes it may deem fit, with or without notice or intimation. In the event that there are any technological changes or changes in features, details, functionalities, etc of the Offerings OnionPay may make it mandatory for the continuing User to adopt new software procedures, install new software or update the same, failing which the User might not be able to use the Offering.
You acknowledge and agree that OnionPay may stop (permanently or temporarily) providing the Offering (or any features within the offering) to you or to any User generally at OnionPay's sole discretion, without incurring any liabilities for such discontinuation.
You acknowledge and agree that if OnionPay disables access to your account or login route, you may be prevented from accessing the offering, your account details or any files or other content which is contained in your account.
That you are to Use OnionPay and its Offerings on an as is basis and any changes that you make or attempt to make shall be in violation of all terms, conditions, policies that you have agreed to and accepted. You acknowledge and agree that while OnionPay may not currently limit your use of the offering in any way, it may do so if that use hinders the ability of OnionPay to carry on its operations or the ability of other customers to use the offering.
OnionPay shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the offering or the discontinuation altogether thereof or any change in laws, guidelines, etc.
OnionPay shall not assume any responsibility to determine what, if any, taxes apply to the sale of User’s goods and services and/or the payments the User receives in connection with User’s use of the OnionPay Service (“Taxes”). It is solely User’s responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. OnionPay is not obligated to, nor will OnionPay determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.
6. Relationship between User and OnionPay
That User is an independent 3rd Party entity and accepts and agrees that it is, in no way, associated with OnionPay and is merely being on boarded by OnionPay as a User of its offerings.
Users are owned and controlled by individuals or entities as has been mentioned in their KYC details.
7. Use of Offerings/Services
The Offerings/Services may be used by the User for receiving payments from third Parties. To Enable The User To Use The Offerings/Services, The User shall irrevocably and unconditionally accept the sole responsibility For Use, Confidentiality And Protection Of all Information Entered or provided.
Owing to the kind of Services OnionPay provides, We have no obligation to verify the authenticity of the transaction other than by means of verification of The User’s Basic KYC Information such as name, email id, mobile number and others may be applicable. The User Shall At All Times Take All Appropriate Steps, Including Those As Mentioned Herein, To Maintain The Security And Confidentiality Of The Information.
OnionPay Shall Not Be Liable For Any Mistake Or Misuse Of The Services By Either The User Or By Any Person Authorized By The User, Or By Any Person Gaining Access To The Services Through The User. The User Agrees That OnionPay Accepts All Instructions Originating From their Account, Reaching their Account, Leaving their account, In Good Faith And In A Manner Consistent With Commercially Reasonable Security Standards and considers the same to be made by the User themselves, with all due authorisations. User Shall Indemnify And Hold OnionPay Harmless For Direct Or Indirect Losses Sustained As A Result Of The Disclosure Of Sensitive Information By Or Through User or for any other reason whatsoever.
Since we are only a Payment Aggregator, any confirmation regarding the transactions performed using valid login credentials shall be conclusive evidence of a transaction being effected since that is the only information we receive and the same is shared with us by the Merchant’s bank. In the event that the payment is in respect of a purchase of products by the Customer/Payee, OnionPay shall not be required to ensure that the Purchased Product or Services have been duly delivered/received/etc. In the event that the Customer does choose to Complain about a transaction, the same should be communicated to OnionPay at a maximum of 10 (ten) days from the date of the transaction. If there is an undue delay beyond 10 days, OnionPay might not be able to duly respond to the complaint in any manner whatsoever.
In order to access certain Offerings, you may be required to provide information about yourself as part of the registration process for the service, or for your continued use of the offering. You agree that any registration information you give to OnionPay will always be accurate, correct and up to date. You are solely responsible, and OnionPay is not in any way liable for the information and data collected in order to process and authenticate a transaction performed. You shall receive appropriate communication for confirmation of transaction on the Platform through notifications. All other communication liabilities shall be on the banking institution or other such Service Providers and not on OnionPay.
8. Sharing of information
OnionPay can and will share any information with the Government or law enforcement agencies (if officially requested or required by order, notification, statute or court order) with or without the consent of the concerned Party, as per requirements or order and with anyone else, with the consent of the concerned Party.
In order to comply with our Policies and with applicable laws as well, You agree not to access (or attempt to access) the Offering by any means other than through the interface that is provided by OnionPay, unless you have been specifically and expressly allowed to do so in a separate agreement with OnionPay.
You agree that you will not engage in any activity that interferes with or disrupts the Offering (or the servers and networks which are connected to the offering), or the Platform in any manner whatsoever.
Unless you have been specifically permitted to do so in a separate agreement with OnionPay, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.
You agree that you are solely responsible for (and that OnionPay has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which OnionPay may suffer) of any such breach and shall be held accountable for the same in any situation where you are found to be violating our terms, policies and conditions or violating any other Parties’ rights by your activities.
9. User Obligations
Each User Shall Be Responsible To:
(I) Furnish Correct And Accurate Information Of The Payer/ Payee As May Be Required, On An Independent Basis;
(II) Ensure That All Licenses And Registrations Required Are In Full Force And Effect To Enable Them To Carry On The Business Of Sale/ Purchase Of Products.
(III) User Shall Not (I) Carry Out Any Activity, Which Is Banned, Illegal Or Immoral, (II) Use The Services In Any Manner Or In Furtherance Of Any Activity, Which Constitutes A Violation Of Any Law Or Regulation Or Which May Cause OnionPay To Be Subject To Investigation, Prosecution Or Legal Action. OnionPay is only onboarding the User and letting them use their offerings on the representation that has been made to OnionPay. Any misrepresentation or mismatch in such information shall lead to immediate termination of this Agreement.
(IV) User shall never misrepresent itself as being associated with OnionPay in any manner beyond what the actual/true association comprises of and shall in no manner, ever violate the terms or conditions of the Policies, etc.
User undertakes and assures to OnionPay that Payments shall not be made/ received in respect of any Products or Services which have been banned under any statute, law, rule or regulation in the territory of India or particularly any state where in either Payer or Merchant is located or being accessed from, etc. or any such related, cognate or associated Products or Services which are unlawful, illegal, violative, fraudulent, inappropriate, offensive, contraband, etc. The User accepts, acknowledges and undertakes to only operate for lawful Products and Services and in an absolute and lawful manner.
User shall not sell, provide, exchange or otherwise disclose to third Parties or Use themselves, other than for purpose of Completing a transaction, or as specifically required by an applicable law, any personal information about any third party, including the account or other financial details, mobile number, email address, or other such personal information, without obtaining prior specific written or express consent of such Third Party.
User shall take all precautions as may be feasible or as may be directed by OnionPay to ensure that there is no breach of security and that the integrity of the link between their Platform, the website and the Payment mechanism is maintained at all times.
In the event of any loss being caused as a result of the link/network/connection being breached or as a consequence of the link/network/connection being improper or being in violation of the provisions of this clause, the loss shall be to the account of the User and the User shall indemnify and keep indemnified OnionPay from any loss as may be caused in this regard. That the Account created on OnionPay’s platform is a property of the User, so to say, and the User accepts and understands all liabilities and obligations of maintaining such account and shall ensure that the Account is kept secure & safe as well as shall ensure that no unlawful or illegal activities are carried out using the account.
User shall bear and be responsible for the payment of all relevant Charges including but not limited to Taxes, Surcharge, Fee, Challans, Levies (including but not limited to any applicable withholding Taxes) as payable may be due.
A User shall Use the information regarding a Customer (including Name, Address, E-Mail Address, Telephone Numbers And Other Data) conveyed to the User, duly during the Usage of the Services of the User, by the Customer, only for the purpose of completing the transaction for which it was furnished or provided, and not to sell or otherwise furnish such information to others unless the User has an independent source of such information or obtains the express consent of such Customer. Any violations herewith shall be the sole liability of the User.
User shall not interfere with or damage the website or Platform including, without limitation, through viruses, cancel bots, trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or E-mail address information or similar methods or technology.
In the event that there is a violation of any of the above, or any other violation of any other manner. Occurs on the Platform or otherwise, OnionPay reserves the absolute right to investigate and prosecute the same, to the fullest extent of the Law.
The User shall be fully liable for: (A) All/Any unauthorised use of their account; And/Or (B) All/Any authorised transactions their Account.
10. Your passwords and account security
As mentioned earlier, You agree and understand that You are responsible to OnionPay and to third parties for maintaining the confidentiality of passwords and other details, associated with any account you use to access the Offering. You are fully responsible for the security of data in your possession.
You agree to comply with all applicable laws and rules in connection with your collection, security and dissemination of any personal, financial, card, or transaction information (defined as “Data”).
You agree that at all times, you shall be compliant with all applicable laws, including without limitation, the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), as applicable. You also agree that you will use only PCI compliant service providers in connection with the storage or transmission of Card Data defined as a cardholder’s account number, expiration date, and CVV2. You must not store CVV2 data at any time.
Information on the PCI DSS can be found on the PCI Council’s website https://www.pcisecuritystandards.org/. It is your responsibility to comply with these standards, as applicable. You will be solely responsible for all activities that occur under your account. You shall not:
- submit any card transaction for processing that does not arise from your sale of goods or service to a buyer customer,
- act as a payment intermediary or aggregator or otherwise resell OnionPay’s services on behalf of any third party,
- send what you believe to be potentially fraudulent authorizations or fraudulent card transaction,
- or use OnionPay Service in a manner that Visa, MasterCard or any other payment provider reasonably believes to be an abuse of the Card Network or a violation of Card Network rules.
If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned official at OnionPay immediately. You accept and understand that any damages caused due to such unauthorised use is not the liability of OnionPay.
OnionPay shall deduct its Transaction fees plus any Taxes per successful Transaction, as applicable and make payment of the balance of the transaction amount to the User’s account, as designated. All other Taxes, duties, charges etc. shall be borne and paid by the User, unless otherwise agreed between the Parties in a due and express manner or defined as per applicable laws.
OnionPay reserves the right to alter/modify/change the discount/commission rate as per its discretion, in accordance to applicable laws. OnionPay also reserves the Right to forthwith revise the transaction fee payable in the event of any revision in the rates charged by the Banking institutions or Card associations or as per any applicable guidelines issued by the RBI, from time to time.
It is hereby agreed and acknowledged by the Parties that the transaction fees charged by OnionPay with respect to a transaction that has been confirmed on the Platform, shall not be returned or repaid by OnionPay to the User or any other person irrespective of the transaction being allegedly rejected, charged back, refunded or disputed.
You shall, not enter into transactions, at any point whatsoever, to sell Services or Products that you have not represented/specified/listed to OnionPay during your KYC procedure. In addition to this, as soon as You realise that there is a change in business or addition to scope of Your business etc. You shall intimate us of such change, even if the change is “minor” as per your understanding or belief. Any change to Your scope of business, without intimating us shall result in breach of contract and trust and shall lead to an immediate termination of this Agreement.
You agree that You will only use your User Account for the purposes of using the Offerings and for no other purpose. In particular, you will not:
- Breach the Rules, guidelines, laws, statutes, etc laid down by any statutory body in applicable jurisdiction or laid down by OnionPay specifically;
- Resell or sublicense the use of your User Account to any other person;
- Use your User Account in a fraudulent or illegal manner, or email or send any materials from your User Account which are offensive, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
- Use your User Account to impersonate any person or business in any way whatsoever;
- Use your User Account to infringe the copyright, trademark, patent or other Intellectual Property Rights of any person;
- Your User Account for sending advertising, chain letters, junk mail, “spamming” or any other type of unsolicited email;
- Forge or alter the header or address information contained in any email or communication which you send from your User Account or in relation to the Services;
- Use your User Account to send or deliver viruses, spyware, malware or other harmful, disruptive, or destructive files;
- Use your User Account in such a way which damages OnionPay or denies access to OnionPay to other users of OnionPay;
- Intentionally or recklessly use your User Account in a way that degrades the performance of OnionPay for other users;
13. Content in the Offering
You understand that all information (such as data files, written text, computer software, or images) which you may have access to as part of, or through your use of, the offering are the sole responsibility of the person from which such content originated.
14. Content on the Platform
You should be aware that the content presented to you as part of the Offering, including but not limited to advertisements and promotional material of OnionPay or other companies, is protected by intellectual property rights which are owned by OnionPay, or the sponsors or advertisers who provide that content to OnionPay (or by other persons or companies on their behalf).
You shall not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically told that you may do so by OnionPay or by the owners of that content, in a separate agreement. Any content being disseminated using OnionPay's sales network or the product, service or platform may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action.
You agree that you are solely responsible for (and that OnionPay has no responsibility to you or to any third party for) any content that you create, transmit or display while using the offering or for the consequences of your actions (including any loss or damage which OnionPay may suffer) by doing so.
You understand that by using the offering you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the offering at your own risk. OnionPay shall not be made responsible for any repugnant content circulated on its offering by other users.
On noticing any such content, it is your duty to bring it to the attention of OnionPay officials immediately, who will take due care to delete it from the offering.
15. Specific Terms of Engagement
OnionPay will not be responsible for any disputes between the Users and their Customers, including issues regarding prices, delivery, non-delivery or delay in delivery of Products, quality of Products or otherwise. All such disputes will be dealt with by and between the User and the Customer Directly, and OnionPay shall not be a Party to Such Disputes.
OnionPay cannot and does not guarantee the timings of any payments made or received as such, timing is dependent on the User’s Bank, Card Issuing Bank/ Card Processor (Where A Credit/ Debit Card Is Used), acquiring financial institution and other service providers.
OnionPay shall not be a Party to the agreement Between the User and any Customer in any manner whatsoever. All Agreements are directly between Users and their Customers.
User shall be responsible for any miscommunication or Incorrect User/Third Party/Other information that may be provided to OnionPay at the time of enabling the Services for the User.
OnionPay reserves the Right To Impose limits on the number of transactions during any time period, and reserves the right to refuse to make payments in respect of transactions exceeding such limit. OnionPay also reserves the Right To Refuse to make payments in respect of transactions by Users with a prior history of questionable charges.
16. Intellectual Property rights
You acknowledge and agree that OnionPay (or OnionPay's licensors) owns all legal right, title and interest in and to the offering, including any intellectual property rights which subsist in the Offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist) and that you are merely a licensee of the offering, and not the owner thereof. You further acknowledge that the offering may contain information which is designated confidential by OnionPay and that you shall not disclose such information without OnionPay's prior written consent.
The User agrees that they shall not disclose or attempt to use or personally benefit from any information that is non-public that the User might have come across on the Website or through their Use of the Offerings. This obligation shall continue till the time that this Non-Public information relating to OnionPay or its offerings becomes publicly known through no action of the User or any associated or connected Party.
In the event that the Merchant is compelled by an Order of a competent Court or a Government or Legal Body (or if they have received a notice that such an order is being sought) to divulge such information specifically, the User agrees to intimate OnionPay of such Order or notice immediately. The User shall also cooperate with OnionPay in protecting the information to the extent possible as if it were their own.
OnionPay may access, preserve and disclosure any of your information if required to do so by Law, or ir we believe in good faith that it is reasonably necessary to (I) respond to claims asserted against OnionPay or to comply with legal process (II) For fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (III) Protect the rights, property or safety of OnionPay, its Users or members of the Public.
18. Refunds/ Chargebacks
Refunds may be for:
- Any payment which the User refuses to honour or demands a refund of because the products purchased or the delivery thereof, was not as promised or was defective, deficient, incomplete and /or unsatisfactory for any reason whatsoever, or that payment for the same has already been made.
- Any payments by a User using the Offerings, which is returned by the acquiring Bank for any reason whatsoever.
- Any transaction that is unsuccessful.
In Such Event that the User and the Payer arrive at a satisfactory resolution of a problem or a complaint, OnionPay shall make the refund to the Party that the User And the Payee mutually decide and agree upon. In such a situation, the User and Payer shall issue an acceptance and agreement upon such resolution and shall make no further claims to OnionPay with respect to such transaction or complaint, whatsoever.
In such an event, if the Payer and the User are unable to arrive at a satisfactory resolution of the problem, OnionPay shall not make any refunds till such dispute is resolved. OnionPay shall not be held liable or responsible for any delays caused due to lack of settlement or delay in settlement between the Parties. In the event of the Payee and the Payer arriving at a Settlement, OnionPay shall deal with the said monies in accordance with the Terms Of The Settlement arrived at.
19. License from OnionPay
OnionPay gives you a Non-Exclusive license to use the software provided to you by OnionPay as part of the offering as provided to you by OnionPay. This license is for the sole purpose of enabling you to use and enjoy the benefit of the offering as provided by OnionPay, in the manner permitted by these terms.
You are not entitled to commercially exploit, either directly or by sale, or transfer commercially or profit from the offering and products.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.
Unless OnionPay has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.
21. Ending your relationship with OnionPay
The Terms will continue to apply until terminated by either you or OnionPay duly, as set out below. OnionPay may at any time, terminate its legal agreement with you if:
- you have breached any provision of the terms or this document or any other applicable conditions (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
- OnionPay is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful)
- Acted in a suspicious manner;
If either OnionPay itself or by intimation of the Bank or other institutes, suspects, that a User has committed a Breach of Terms or any other Agreement with OnionPay or any act of dishonesty or Fraud against OnionPay/ any Bank or other institutes, OnionPay shall be entitled to (A) Suspend all payment under these Terms; (B) Deactivate/ Suspend your user account and disable your password; And (C) Terminate User’s access to the website or the Offerings With Or Without Giving Any Notice Of Such Termination To The User; Pending Enquiries By OnionPay. User may cancel his User Account At Any Time By Sending An Email to OnionPay. Please Note That Once Your Account Is Cancelled, OnionPay Does Not Have Any Obligation To Return Any Data Or Information That May Reside On Its Servers Or Other Equipment.
When these terms come to an end, all of the legal rights, obligations and liabilities that you and OnionPay are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
22. EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED AS IS AND AS AVAILABLE.
IN PARTICULAR, ONIONPAY DOES NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND ONIONPAY WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONIONPAY OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
ONIONPAY 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.
LIMITATION OF LIABILITIES
SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONIONPAY SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL 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 OFFERING, 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 CHANGES WHICH ONIONPAY MAY MAKE TO THE OFFERING, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE OFFERING (OR ANY FEATURES WITHIN THE OFFERING);
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 OFFERING;
YOUR FAILURE TO PROVIDE ONIONPAY WITH ACCURATE ACCOUNT INFORMATION;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- Other content to which references are made, links are provided, etc.
- The offering may include hyperlinks to other web sites or content or resources. OnionPay may have no control over any websites or resources which are provided by companies or persons other than OnionPay.
- You acknowledge and agree that OnionPay is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that OnionPay is not liable for any loss or damage which may be incurred by you as a result of the non-availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from, such websites or resources.
- Changes to the Terms
- OnionPay may make changes to the terms from time to time. The same will be communicated to you, on the website of OnionPay by e-mail for which you shall have to indicate your approval within 15 days. When these changes are made, OnionPay shall make the amended copy of the terms available in an accessible location.
- You understand and agree that if you use the offering after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, OnionPay will treat your use as acceptance of the amended terms.
- General legal terms
- Sometimes when you use the offering, you may (as a result of, or through your use of the offering) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other offerings, software or goods may be subject to separate terms between you and the company or person concerned.
- The terms constitute the legal agreement between you and OnionPay and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any offering which OnionPay may provide to you under a separate written agreement), and completely replace any prior agreements between you and OnionPay in relation to the offering.
- You agree that if OnionPay does not exercise or enforce any legal right or remedy which is contained in the terms (or which OnionPay has the benefit of under any applicable law), this will not be taken to be a formal waiver of OnionPay's rights and that those rights or remedies will still be available to OnionPay.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
- The terms, and your relationship with OnionPay under the terms, shall be governed by the laws of India, and in particular the laws of the State of Haryana, India. You and OnionPay agree that any dispute will be referred to arbitration, with the arbitral panel consisting of three arbitrators, one arbitrator being chosen by each party and a third being jointly appointed by the two arbitrators so chosen.
Unless Otherwise Set Out, All Payments May Only Be Made In Indian Rupees.
OnionPay May, If Required By Law, Change Any Fee Or Charge Or Institute New Fees Or Charges. The User Agrees To Pay All Fees And Charges So Levied.
OnionPay Reserves The Right To Vary Any Of The Terms Contained Herein By Posting The Revised Terms On OnionPay’s Website Without Notice To The User.
The User Hereby Accepts That He May, From Time To Time, Receive From OnionPay Or Its Associates, Communications Such As Service Announcements, Advertisements Or Administrative Communications.
OnionPay Shall Not Be Liable For Any Direct, Indirect, Punitive, Incidental, Exemplary, Special Or Consequential Damages Or Any Loss Of Profit, Business, Revenue, Goodwill Or Anticipated Savings Or Any Damages Whatsoever Arising Out Of Or In Any Way Connected With The Use Of The Website By User Or Otherwise.
OnionPay Or Service Provider Shall In No Event Be Liable To A User Or Any Third Party For Any Loss Or Damage Whatsoever Or Howsoever Caused Arising Directly Or Indirectly In Connection With The Website And Services, Including Without Limitation Any:
- Loss Of Data;
- Interruption Or Stoppage To The User’s Access To And/Or Use Of The Website And Services;
- Any Consequential Loss Or Damage Or Loss Of Profit, Business, Revenue, Goodwill Or Anticipated Savings, Arising Out Of The Performance Of The Services Or Otherwise.
OnionPay Makes No Representation Or Warranty, Whether Express Or Implied, Written Or Oral, About The Quality, Suitability, Reliability, Availability, Merchantability, Fitness For A Purpose, Delivery, Lack Of Viruses Or Other Harmful Components Or Accuracy Of Information Relating To The Products Sought To Be Purchased By The User. Each User Acknowledges That OnionPay's Or A Service Provider’s Services May Not Be Uninterrupted Or Error Free. A User Also Acknowledges That The Services Provided By Any Service Provider To OnionPay, Which Is Passed On To The User Under These Terms, Can Be Brought To An Abrupt End In Any Event Whatsoever By Any Of The Service Providers For Any Reason Whatsoever.
OnionPay’s Sole Obligation And User’s Sole And Exclusive Remedy In The Event Of Interruption To The Payment Services Or Loss Of Use And/Or Access To The Payment Services, Shall Be To Use All Reasonable Endeavors To Restore The Payment Services As Soon As Reasonably Possible.
In No Event Shall OnionPay Or A Service Provider Be Liable To A User Or Any Other Third Party For Any Applicable Taxes And Government Levies.
In No Event Will OnionPay’s Total Liability To User For All Liabilities, Losses, And Causes Of Action Arising Out Of Or Relating To These Terms And Conditions; Or The User’s Use Of The Website; However Caused, Exceed The Amount Paid By User, If Any, For Utilising The Website Or One Thousand Rupees (Rs.1000), Whichever Is Lesser.
Any Link On The OnionPay Website To A Third Party Site Is Not An Endorsement Of That Website. The Use Or Browsing By A User Of Any Other Website Shall Be Subject To The Terms And Conditions In Each Such Website.
OnionPay Does Not Endorse Any Advertiser Or Merchant Linked To Its Website. The User Must Verify All Information Provided By The Merchants/ Advertisers Before Arriving At His Decision To Purchase Any Product. The User’s Participation In Any Event/ Contest/ Promotion Shall Be Governed By The Terms And Conditions Mentioned In The Respective Event/ Contest/ Promotion Along With These Terms.
OnionPay Shall Have The Right, At Its Sole Discretion, To:
- restrict or terminate a User’s access to its Services;
- modify or discontinue its Services or any part thereof;
- require a User to provide details in respect of any transactions and any other details as required by OnionPay from time to time; without incurring any liability therefor.
OnionPay Shall Have The Right, In Its Sole Discretion, For Any Or No Reason, And Without Penalty, To Suspend Or Terminate A User’s Use Of The Website And Its Services Or Any Part Thereof, With Or Without Notice.
OnionPay Shall Not Be Liable For Any Breach Of These Terms Due To Any Force-Majeure Event Such As Act Of God, Governmental Policy/Authority, Fire, Lightning, Explosion, Flood, Inclement Weather Conditions, Power Failures, Failure In Any Communication Systems, Equipment Breakdown, Strikes, Lock-Out, Earthquakes, Riots, War (Declared And Undeclared), Rebellion, Sabotage, Computer Hacking, Unauthorized Access To Computer Data And Storage Devices, Computer CrashesOr Any Other Cause Beyond The Control Of OnionPay. If Any Part Of These Terms Is Determined To Be Invalid Or Unenforceable Pursuant To Applicable Law Including, But Not Limited To, The Warranty Disclaimers And Liability Limitations Set Forth Herein, Then The Invalid Or Unenforceable Provision Will Be Deemed Superseded By A Valid, Enforceable Provision That Most Closely Matches The Intent Of The Original Provision And The Remainder Of The Terms Shall Continue In Effect. OnionPay May Assign Or Transfer Its Rights And Obligations To Any Other Party. Incase Of Any Dispute Between The Parties On The Interpretation Or Implementation Of These Terms, The Appropriate Court In Gurugram Shall Have Exclusive Jurisdiction.
No Failure Or Delay By OnionPay In Exercising Any Right, Power Or Privilege Shall Operate As A Waiver Thereof.
For Any Queries / Details Users Can Contact:
Write To Us At firstname.lastname@example.org
Customer Grievance Redressal
You may contact us with any enquiry, complaints or concerns with regards to policy, terms and content of this website or by communicating in writing to the Grievance cum Nodal Officer at the details mentioned below:
Grievance cum Nodal Officer
Company: Zhudao Infotech Private Limited
Address: 12003-12005, 12th Floor, Emmar Digital Greens, Tower B, Golf Course Extension Road,Sector 61, Gurgaon, Haryana, India - 122102
Phone No: 0091-88886 80000
More details are provided in our Grievance Policy.