The terms and conditions contained hereinafter (“TERMS OF USE”) shall apply to the use of the website www.paywush.com 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 PayWush Technologies (“PayWush” or “WE” or “OUR” or “US”) (collectively, "WEBSITE").
Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website (“SERVICES”)) (hereinafter referred to as a “USER”, “YOU”, or CLIENT) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately provided on the Website) and unconditionally accepted the terms and conditions set out herein. These Terms of Use constitute a binding and enforceable agreement between the User and PayWush. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with PayWush for other services.
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:
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 PayWush 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 that may be applicable to you in connection with your business and use of our Services.
Subject to these Terms of Use, PayWush offers the Services set forth in Schedule I herein.
Schedule I also contains descriptions and process flows of all Services that are offered to Users.
PayWush is constantly evolving in order to provide the best possible experience and information to its Users. You acknowledge and agree that the form and nature of the Services whichPayWush provides may change from time to time without any prior notice to you.
As part of this continuing process, you acknowledge and agree that PayWush may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at PayWush's sole discretion, without any prior notice. You may stop using the Services at any point of time. You do not need to specifically informPayWush when you stop using the Services.
You acknowledge and agree that if PayWush disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account, and PayWush shall intimate you regarding the same.
PayWush reserves the right to delete your User information stored in your account including but not limited to all or any personal information or any sensitive personal data or information (“SPDI”) stored in your User account. Alternately, a User may notify us if they do not wish that we retain or use the personal information or SPDI by contacting the Grievance Officer (as provided below). However, in such a case, we may not be able to provide you some or all of our Services.
You acknowledge and agree that while PayWush may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, such fixed upper limits may be set by PayWush at any time, solely at PayWush's discretion.
By using our Services you agree that PayWush disclaims any liability or authenticity of any information that may have become outdated since the last time that particular piece of information was updated. PayWush reserves the right to make changes and corrections to any part of the content of this Website at any time without any prior notice to you. Unless stated otherwise, all pictures and information contained on this Website are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock. Please contact the Grievance Officer by an e-mail if you are the copyright owner of any content on this Website and you think the use of the above material violates the terms of the applicable Copyright law in any manner. In your request, please indicate the exact URL of the webpage to enable us to locate the same. We will endeavour to address your concerns and take necessary steps, if required. Please note that all images displayed in the Website have been digitised by PayWush. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of PayWush.
PayWush acknowledges and represents that it is and shall remain Payment Card Industry Data Security Standard (“PCI DSS”) certified. Further, PayWush shall maintain compliance with PCI DSS Standard or other comparable industry standards governing physical/logical security cardholder data across PayWush environment and ensure that the card holder’s data is secured in accordance with the standards.
In order to access certain Services, you may be required to open a User account with PayWush 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 PayWush 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.
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 delete your User content or User account at any time. Processing the deletion may take some time, but the same shall be done by PayWush. We may maintain backup of all User content for such time as may be required under applicable laws and for operational purposes of PayWush. 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 by you to protect your password or 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 security@PayWush.com. In the event of any dispute between two or more parties as to ownership of any particular account with , you agree that shall be the sole arbitrator for such dispute and that ’s decision in this regard will be final and binding on you.
You understand and undertake that you shall be solely responsible for the Registration Data and the User content and undertake neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
You agree and understand that 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 Grievance officer.
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 (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 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 , unless you have been specifically allowed to do so in a separate agreement with . 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 , 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 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 may suffer) of any such breach. You further agree to the use of your data by us in accordance with the Privacy Policy.
may share any Content (defined hereinafter) generated by the User or their Registration Data with governmental 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 ’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 , then you consent that the relevant amount will be charged to such payment method as per the billing cycle communicated to . You agree that 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.
You further agree that if the customer revokes his / her consent to the Recurring Payment Instruction then you shall inform us of the revocation for us to cease processing the Recurring Payment Instruction forthwith upon the revocation but no later than the next instance of charge to the customer. If you do not communicate the customer’s revocation of the Recurring Payment Instruction, shall not be liable for any charge applied to the customer pursuant to the revocation. You agree to make good any losses suffered by us on account of demands or claims from customers arising as a consequence of your failure in notifying us about a customer’s revocation of the Recurring Payment Instruction.