1.1. Parties to these Terms

We are Payvance Innovation Private Limited, a company incorporated in India with its registered office at A112 Centrum Business Square, Wagle Estate, Thane, Mumbai – 400604, Maharashtra, India (“Payvance”, “we”, “us”). By accessing our websites or Services, you enter into a legally binding agreement with PayVance.

If you access or use our Websites or Services (as defined below) on behalf of a company, you represent that you are authorized to accept these Terms on behalf of your company, and all references to “you” in these Terms also refer to your company.

1.2. When and how these Terms apply

These Terms apply whenever you:

• 1.2.1. Access or use our websites, including the website at www.payvance.co.in and its subdomains and any other websites that link to these terms and conditions (together, “Websites”), or any content available on or through them; or
• 1.2.2. Access our developer sandbox and APIs or any other software or services made available free of charge to members of our Payvance developer community (together, “Services”).

By accessing or using our Websites or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Websites or Services.

We may amend these Terms at any time by publishing updated terms on this Website. Please check back regularly as, by continuing to use our Websites or Services, you agree to be bound by any amendments to these Terms.

1.3. Our Policies

Your use of our Websites and Services is also subject to the following policies:

• 1.3.1. Privacy Policy: Sets out how we use any personal data collected from you through our Websites or Services.
• 1.3.2. Cookie Policy: Sets out how we use cookies and other technologies to collect information from your web browser.

1.4. Other important information about these Terms

These Terms, together with any policies or other documents referred to in these Terms, constitute the entire agreement between you and Payvance in relation to your access to and use of our Websites and Services and supersede all previous agreements, negotiations and discussions.

If any provision of these Terms is or becomes illegal, invalid or unenforceable, that will not affect the legality, validity or enforceability of any other provision.

No delay or failure by us in exercising or enforcing any right or remedy under these Terms will constitute a waiver of such right or remedy.

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights to any group company without your consent, provided we inform you via email or notice on this Website.

Our group companies and suppliers may enforce any provision of these Terms that benefits them. No other third party shall have rights under or in connection with these Terms.

These Terms shall be governed by the laws of India, and disputes shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.

1.5. Termination and Suspension

By Payvance - Payvance reserves the right, at its sole discretion, to suspend or terminate your account and/or restrict access to any or all of its services, without prior notice, if you are found to be in breach of these Terms and Conditions, engage in any unlawful or fraudulent activities, or act in a manner that may cause harm to Payvance, its affiliates, or other users

By the User - You may request termination of your account by submitting a written notice to Payvance. Such termination shall be effective upon confirmation from Payvance, provided that all outstanding amounts, charges, or liabilities owed to Payvance have been duly settled.

Effect of Termination - Upon termination, whether initiated by Payvance or by you, your right to access and use the services shall immediately cease, and you shall promptly discontinue all such use. Termination shall not affect any rights, obligations, or liabilities accrued prior to the date of termination.

2.1. Your permission to use our Websites and Services

You are permitted to access and use our Websites and Services, provided that you comply with all applicable laws and these Terms, respect the rights of others (including privacy and intellectual property rights), and don’t interfere with or disrupt the security, integrity or performance of our Websites or Services.

You must not:

• 2.1.1. Use our Websites or Services in any way, or for any purpose, that is prohibited by law, constitutes a criminal offence or might give rise to civil liability;
• 2.1.2. Use our Websites or Services to send spam or distribute malware, to impersonate any other person, or to distribute material that is offensive, obscene, abusive, bullying, threatening or defamatory or that otherwise infringes the rights of others;
• 2.1.3. Attempt to introduce malware or gain unauthorized access to any part of our Websites or Services, their related networks or systems, or any software or data stored on them, or to access or use other people’s user accounts;
• 2.1.4. Perform any kind of security or performance testing or benchmarking on our Websites or Services without our express written consent; or
• 2.1.5. Exploit our Websites or Services for commercial purposes or to build competing products or services.

If we determine that you have failed to comply with these Terms or have otherwise acted inappropriately, we may withdraw your permission to access or use our Websites or Services and take legal action against you.

2.2. Content of our Websites and Services

We make reasonable efforts to ensure that our Websites and Services remain useful and relevant. However, we do not guarantee that the content of our Websites and Services is accurate, complete or up-to-date and we do not accept any responsibility for any errors or omissions.

We may change the content of our Websites and Services, or add or discontinue Websites or Services, at any time.

2.3. Third-party content and websites

Our Websites may include information and content relating to third parties and third-party products and services, and links to third-party websites and resources. We do not recommend or endorse any of the third parties or third-party products or services mentioned on our Websites and we are not responsible for, and have no liability to you in connection with, any third parties or third-party products or services.

You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Payvance is not in any way responsible for any such use by you.

2.4. Intellectual Property

The content of our Websites and Services is protected by copyright, trademark and other intellectual property rights and laws. We own, or are licensed to use, all copyright, trademarks and other intellectual property rights in the content of our Websites and Services.

You may use the content of our Websites and Services only as permitted by these Terms, but we and our licensors retain all intellectual property rights in the content.

All trademarks, logos and other marks shown on our Websites and Services are the property of their respective owners. You do not obtain any rights to use the ‘Payvance’ name, or any other brand names, trademarks or logos of Payvance and its group companies under these Terms.

2.5. Usage statistics and feedback

We may collect certain usage statistics and feedback relating to our Websites and Services, including information on how the Websites and Services are being used. This information is aggregated and does not contain your personal data, or data that you provide to us.

If you choose to give us any feedback or suggestions in relation to our Website or Services, we may freely use and share your feedback and suggestions free of charge and without restriction.

2.6. Disclaimers and liability

Our Websites and Services are provided “as is” and “as available” without warranty of any kind. Any use of our Websites or Services is at your own discretion and risk.

To the extent permitted by law, payvance, its group companies and suppliers disclaim all representations, warranties and conditions of any kind in relation to the websites and services, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement.

To the extent permitted by law, payvance, its group companies and suppliers shall not be liable to you under any theory of liability (including negligence) for any damages or losses of any kind arising from or in connection with your use of our websites or services or reliance on any information that you obtain through them, including any loss of data, data use, business, profits, revenue or business interruption, howsoever caused and whether or not payvance, its group companies or suppliers have been advised of, or should have been aware of, the possibility of such damages or losses.

To contact us, please use the following details:

Email: [email protected]

Phone: +91-22-45070723

Website: www.payvance.co.in

Business Hours: Monday to Friday, 9:00 AM to 6:00 PM IST

Address: A112 Centrum Business Square, Wagle Estate, Thane, Mumbai – 400604, Maharashtra, India