Terms and Conditions
Note : By using any of the services offered on the website http://www.paywise.co.in, (“WEBSITE”) YOU are deemed to have read all terms & conditions and agree with it. Please read following terms and conditions before using the services in anyway including but not limited to accessing, browsing, downloading, registering or using the Paywise Gateway I Pvt Ltd we. Anyone who intends to use any of the services offered on website or reading these Terms & Conditions hereafter is referred as “YOU”. The Terms and Conditions (as may be amended from time to time, the "Agreement") is a legal contract between YOU (of at least 18 years of age), and Paywise Gateway India Private Limited (together with its subsidiaries and other affiliates, hereafter referred as “website”, "us", "we" or "PAYWISE"), regarding YOUr use of our services ("SERVICES"). Paywise reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. YOU shall re-visit the "Terms & Conditions" link from time to time to stay abreast of any changes that the "Site" may introduce. The services hereunder are offered by Paywise, located at: Paywise Gateway India P Ltd, 75, Powai Plaza, Opp Pizza Hut, Hiranandani, Powai, Mumbai – 400076, India.
Eligibility
The SERVICES are not available to any person under the age of 18 or exclusively suspended by PAYWISE. By accepting these Terms & Conditions or by otherwise using the Services or the Site, YOU represent that YOU are at least 18 years of age and have not been previously suspended or removed from the Services. YOU represent and warrant that YOU have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. YOU shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
About Paywise
PAYWISE is reseller of the mobile services offered by telecommunication service providers (“TELCOS”). PAYWISE does not endorse any of the services provided by any of TELCOS available on WEBSITE. Paywise is not a warrantor, insurer, or guarantor of the services to be provided by the TELCOS. Recharge sold by us to YOU is sold without recourse against us for any breach of contract by the TELCO. Any disputes regarding the quality, quantity, cost, expiration, or other terms of the Recharge purchased must be handled directly between YOU (or the recipient of the Recharge) and the TELCO.
Liability Of Services
YOU understand that apart from any product or service exclusively indicated as being supplied by the PAYWISE, we do not operate, control, or endorse any information, products or services on the WEBSITE in anyway. YOU also understand that Paywise cannot and does not guarantee or warrant that files available for downloading through the WEBSITE will be free of viruses, worms or other code that may be damaging. YOU are responsible for implementing procedures to satisfy YOUr particular requirements and for accuracy of data input and output. Prohibited Conduct By using the Services YOU agree NOT to:
»use the Services for any purposes other than to services offered by PAYWISE WEBSITE i.e. purchase Recharge of TELCOS and/or to access the Services in accordance with these Terms and Conditions
»impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons´ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase Recharge with what we reasonably believe to be potentially fraudulent funds
»use any form of paperless or digital money credit/debit card, cash card, internet banking etc which is not owned by YOU or YOU are exclusively authorized to do so.
»infringe our or any third party´s intellectual property rights, rights of publicity or privacy
»use the Services if YOU are under the age of eighteen (18) without a parental supervision or in any event use the Services if YOU are under the age of thirteen (13) years old even with a parental supervision and in accordance with applicable law
»post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person
»post or transmit any message, data, image or program which is pornographic in nature
»refuse to cooperate in an investigation or provide confirmation of YOUr identity or any other information YOU provide to Paywise
»remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services
»reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
»use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner
»modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
»intentionally interfere with or damage operation of the Services or any other user´s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features
»use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission
»interfere or disrupt this Site or networks connected to this Site
»take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network
»use any device, software or routine to bypass the Site´s robot exclusion headers, or interfere or attempt to interfere, with the Services
»forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site
»sell the Services, information, or software associated with or derived from it
»use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others
»breach this Agreement or any other PAYWISE agreement or policy
»provide false, inaccurate or misleading information
»use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site
»purchase Recharge with what PAYWISE reasonably believes to be potentially fraudulent funds;
»use the Services in a manner that results in or may result in complaints, disputes, reversals, charge backs, fees, fines, penalties and other liability to PAYWISE, a third party or YOU
»use the Services in a manner that PAYWISE or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules
»take any action that may cause PAYWISE to lose any of the Services from its service providers, TELCOS, payment processors or other suppliers
»send automated request of any kind to the Site´s system without express permission in advance from PAYWISE.
Account Passwords and Registration
YOU agree that the information YOU provide to PAYWISE on registration and at all other times, including payment, will be true, accurate, current, and complete. YOU also agree that YOU will ensure that this information is kept accurate and up-to-date at all times. If YOU have reason to believe that your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, PIN, Password, or any credit, debit or prepaid cash card number or netbanking login/password, if applicable), then YOU agree to immediately notify PAYWISE and identify PAYWISE from any liabilities that may arise from the misuse of your Account.
Third Party Sites, Products, Services, References or Links
The Services and/or the WEBSITE may include links or references to other web sites or services solely as a convenience to users ("Reference Sites"). PAYWISE does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services and/or the Site are solely between YOU and such entity. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
Billing and Payment
PAYWISE generates a digital receipts for any payment received from YOU for any of the SERVICES provided to YOU. This receipt may be found by logging into your account (if YOU have registered and created an account) on the Site. The merchant name "PAYWISE" or our Payment Gateway Partner “CCAvenue” will appear on your credit card or bank statement for any purchases made online.
Communication via SMS & Email
By accepting Terms and conditions YOU give your consent to send you any communication via email or SMS which may be related to your order placed on WEBSITE. Rest assured, you won’t receive any sort of advertisements or promotional messages from PAYWISE.
Refund Policy
All sales of Recharge are final with no refund or exchange permitted. YOU are responsible for the mobile number or subscriber id YOU enter while recharge process. PAYWISE is not responsible for any purchase of Recharge for an incorrect mobile number or DTH account number. However, if in a transaction performed by YOU on the WEBSITE, your card or bank account is debited with the amount and a Recharge is not delivered within 24 hours of your completion of the transaction then YOU may inform us by sending an email to our customer services email address i.e. . Please include in the email the following details - the mobile number (or DTH account number), operator name, Recharge value, Transaction date and Order Number. PAYWISE shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Recharge then money will be refunded within 21 working days from the date of receipt of your email.
Termination
YOU agree that PAYWISE, in its sole discretion, for any or no reason given to you, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. PAYWISE may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. YOU agree that any termination of your access to the Services or any account YOU may have or portion thereof may be affected without prior notice, and YOU agree that PAYWISE will not be liable to YOU or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies PAYWISE may have at law or in equity. Upon termination for any reason, YOU agree to immediately stop using the Services.
Limitation of Liability and Damages
In no event PAYWISE or its contractors, agents, licensors, partners or suppliers be liable to you for any direct or indirect loss or damages including any loss of business opportunity, anticipated profits or any sort of damage whatsoever. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to YOU in specific situation. In such cases, PAYWISE´s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
Indemnification
YOU agree to indemnify, save, and hold PAYWISE, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Services or of the Site, any violation by YOU of this Agreement, or any breach of the representations, warranties, and covenants made by YOU herein. PAYWISE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which YOU are required to indemnify PAYWISE, including rights to settle, and YOU agree to cooperate with PAYWISE´s defense and settlement of these claims. PAYWISE will use reasonable efforts to notify YOU of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PAYWISE AND ITS THIRD-PARTY PARTNERS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAYWISE OR THROUGH THE SERVICES OR THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM "PAYWISE" INCLUDES PAYWISE´S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND AFFILIATED COMPANIES.YOU ACKKNOWLEDGE THAT PAYWISE IS A RESELLER AND IS NOT LIABLE FOR ANY 3RD PARTY (TELCOS & SUPPLIERS) OBLIGATIONS DUE TO RATES, QUALITY, AND ALL OTHER INSTANCES, WHETHER TO ANY SUCH TELCO´S SUBSCRIBERS OR OTHERWISE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE RISK. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SERVICES AND THE SITE AND ANY DATA, INFORMATION, THIRD PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE," "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. PAYWISE, AND ITS THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE DATA, PAYWISE SOFTWARE, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICES, THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.PAYWISE AND ITS THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, THE SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES, THE SITE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT WILL PAYWISE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE.
Ownership
The Services and the Site are owned and operated by PAYWISE and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by PAYWISE (the "Materials") are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between YOU and PAYWISE, all Materials, trademarks, service marks, and trade names contained on the Site are the property of PAYWISE and/or third party licensors or suppliers. YOU agree not to remove, obscure, or alter PAYWISE or any third party´s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by PAYWISE, YOU agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. PAYWISE reserves all rights not expressly granted in this Agreement. If YOU have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, YOU hereby irrevocably assign to PAYWISE, and shall assign to PAYWISE, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. YOU agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Modification of this Agreement
PAYWISE reserves the right to change, modify, add, or remove portions of this Agreement (each, a "change") at any time by posting notification to the PAYWISE website www.PAYWISE.co.in or otherwise communicating the notification to YOU. The changes will become effective, and shall be deemed accepted by YOU, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If YOU do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, PAYWISE may be required under applicable law to give YOU advance notice, and PAYWISE will comply with such requirements.
Notice
PAYWISE may provide YOU with notices and communications by email, SMS, regular mail or postings on the PAYWISE website www.PAYWISE.co.in or by any other reasonable means. Except as otherwise set forth herein, notice to PAYWISE must be sent by courier or registered mail to Paywise Gateway India P Ltd, 75, Powai Plaza, Opp. Pizza Hut, Hiranandani Gardens, Powai, Mumbai 76, India.
Waiver; Ignorance of right enforcement
The failure of PAYWISE to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by PAYWISE.
Arbitration
PAYWISE may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Mumbai, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either YOU or we may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai, India, necessary to protect the rights or the property of YOU or PAYWISE (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither YOU nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of an arbitration will be divided equally between YOU and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
Governing Law and Forum for Disputes
Except as otherwise agreed by the parties or as described in the Arbitration section above, YOU agree that any claim or dispute YOU may have against PAYWISE must be resolved by a court located in Mumbai, India. YOU agree to submit to the personal jurisdiction of the courts located within Mumbai, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
Severability
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Assignment
This Agreement, and any rights granted hereunder, may not be transferred or assigned by YOU without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Survival
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
Headings
The heading references of these terms and conditions are for convenience purposes only, do not constitute a part of these Terms and Conditions itself, and will not be deemed to limit or affect any of the provisions hereof.
Privacy Policy
Your privacy is important to us. Please read our Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. The Privacy Policy is incorporated by reference in this Agreement. Use of the WEBSITE and its Services constitutes acceptance of the Privacy Policy. PAYWISE will disclose information to third parties about your account or your purchases:
In order to complete transactions, and to provide transaction information to TELCOS, or
In order to comply with government agency or court orders, or
In order to prevent actual or suspected fraud, or abuse of the Services, or
If YOU give your permission, or
As otherwise provided in PAYWISE's Privacy Policy.
 
Services offered by us
Prepaid Mobile Recharges
AIRCEL, AIRTEL, BSNL, IDEA, LOOP MOBILE, MTNL, MTS, RELIANCE CDMA, RELIANCE GSM, T24, TATA DOCOMO, TATA INDICOM, UNINOR, VIDEOCON, VIRGIN CDMA, VODAFONE
DTH Recharges
AIRTEL DIGITAL TV, BIG TV, DISH TV, SUN TV, TATA SKY, VIDEOCON DTH
Data Card Recharges
MTS MBLAZE, MTS MBROWSE, RELIANCE NETCONNECT, TATA PHOTON PLUS, TATA PHOTON WHIZ
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