The Future of Digital Payments is Here

Terms and Conditions

Terms & Conditions Of Service

This Is The Official Website Of MONEY WAVE SOLUTIONS PRIVATE LIMITED, 1/13-A-580 H, Basti Mandoli Extn. New Delhi North East Delhi - 110093.

This Website, www.mwspay.com, ("Website") is owned and operated by Moneywave. The access to and use of this Website is subject to the following Terms and Conditions of Use ("Terms"). Please read the Terms very carefully as they shall apply to all users of this Website. A User may opt for Services through this Website only if they accept and abide by all of the Terms. Moneywave may periodically change these Terms without notice.

Definitions

For the purpose of these Terms, the following words and phrases shall have the meaning assigned to them under this Article.

• "Services" means the service provided by Moneywave and Service Providers to Users, whereby a User can:
  1. Receive payments from their customers or other payers; or
  2. Make payment to suppliers, beneficiaries or other payees, by:
     • IMPS/NEFT/RTGS
     • Credit/ Debit Card
     • Net Banking
     • Any other mode of payment through banks, that may be accepted by Moneywave from time to time in these Terms.
• "User" Shall mean any person who is boarded on the Moneywave platform for using 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 of any User who are authorized to avail of the Services on behalf of the User.
• "Payee" Means any person to whom a payment is made, using the Services, (and the term includes a User who uses the Services to receive payment).
• "Payer" Means any person who makes a payment, using the Services (and the term includes a User who uses the Services to make payment).
• "Products" Mean any services or products which are purchased/ offered for sale by a User to third parties from time to time, using these Services. Products shall not include those banned products and services that are listed in Annexure A.
• "Service Provider" Means a bank, association, facility provider, card issuing institution, acquiring bank, other financial institution, card processor, clearing house networks whose facilities or services are utilized in the provision of these Services.
• "Transaction" Means a payment instruction that results in the successful transfer of monies (A) from a User to a Payee; or (B) from a Payer to a User.
• "Transaction Amount" Means the total amount payable/ receivable by a User/Payee. This amount shall include all taxes, charges, interest, delivery costs, commissions, etc.

Eligibility

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. Any access to or use of the Website or Services by anyone under 18 is expressly prohibited. By using the Website or Services User represents and warrants that he is 18 or older and is competent to contract. User also agrees that his Payer/ Payee is similarly competent to contract.

A User represents and warrants that he has full power and authority for using the Services and is in strict compliance of all laws.

These Terms and Conditions as accepted by User shall be read along with and in addition to any terms and conditions in force from time to time and issued by any Service Provider. They will also be read in conjunction with the Privacy Policy.

A User may use the Services and this Website only if he accepts and abides by all of the following Terms and Conditions.

Registration

In order to avail the Services, User must be registered with Moneywave and the Service Providers. User shall provide Moneywave with all such documents as may be required.

By registering with Moneywave, User agrees to provide true, accurate, current and complete information failing which Moneywave may at any time reject User's registration and terminate his right to use or access the Website and/or Services. When User registers with Moneywave, 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 his User Account.

Use Of Services

The Services may be used by User for making and receiving payments from / to third parties.

To enable the User to use the Services, a link with login credentials will be communicated to the User on his mobile phone or email address and the User irrevocably and unconditionally accepts the sole responsibility for use, confidentiality and protection of said login credentials, including passwords, as well as for all orders and information changes entered into the mobile/ e mail account using such login credentials.

Moneywave has no obligation to verify the authenticity of the transaction other than by means of verification of the User's basic KYC information. The User shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the information. Moneywave 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. User agrees that Moneywave accepts all instructions originating from his account in good faith and in a manner consistent with commercially reasonable security standards. User shall indemnify and hold Moneywave harmless for direct or indirect losses sustained as a result of the disclosure of sensitive information by or through User.

On receiving the necessary details from the Service Provider, Moneywave shall initiate the required payment to Payee/User/ As instructed by User/ Payer.

Confirmation of the transaction performed using valid login credentials shall be conclusive evidence of a transaction being effected. User is responsible to furnish Moneywave with correct and current Payee information. In the event that the payment is in respect of a purchase of Products by the User/Payee, Moneywave shall not be required to ensure that the purchased Products have been duly delivered. In the event a User chooses to complain about a transaction, the same should be communicated to Moneywave within 10 (Ten) days of the transaction.

User Obligations

Each User shall be responsible to:

• Furnish correct and accurate information of the Payer/ Payee as may be required, on an independent basis;
• Furnish to Moneywave forthwith on demand, the original copy/copies of proof of delivery of Products, invoices or other records pertaining to any Transaction;
• Ensure that all licenses and registrations required by him are in full force and effect to enable them to carry on the business of sale/ purchase of Products.

User shall not:

• Carry out any activity, which is banned, illegal or immoral.
• 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 Moneywave to be subject to investigation, prosecution or legal action.

User undertakes and assures to Moneywave that payments shall not be made/ received in respect of any Products mentioned in the Banned Items List set out in Annexure A hereto.

User shall act in compliance with all laws, rules and regulations and shall at all times comply with the guidelines set by Visa/Master Card/ Acquiring Banks/ Service Providers.

User shall not sell, provide, exchange, or otherwise disclose to third parties or use themselves (other than for the purpose of completing a transaction, or as specifically required by law) any personal information about any third party, including the account details and mobile number, without obtaining the prior written consent of such third party.

User shall take all precautions as may be feasible or as may be directed by Moneywave to ensure that there is no breach of security and that the integrity of the link between their systems/ site, 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 being breached or as a consequence of the link 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 Moneywave and the Service Providers from any loss as may be caused in this regard.

User shall bear and be responsible for the payment of all relevant taxes (including any applicable withholding taxes) as may be due.

A User shall not at any time require any other User to provide him with any details of the accounts held by the other Users with any banks including, the passwords, account number, card numbers, mobile phone numbers and PIN which may be assigned to them by the banks from time to time.

A User shall use the information regarding a Payee/ Payer (including name, address, e-mail address, telephone numbers and other data) conveyed to him whist using the Services, only for the purpose of completing the transaction for which it was furnished and not to sell or otherwise furnish such information to others unless he has an independent source of such information or obtains the express consent of such Payee/ Payer.

A User shall inform Moneywave of any change in his email address, mobile number, address, ownership or legal status or his cessation of business in writing 30 working days in advance of such change.

User shall not interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.

Moneywave has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Fees

In consideration of the Services rendered by Moneywave to the User, the User shall pay to Moneywave a fee that is agreed upon in the fee schedule defined in the Merchant Agreement or Moneywave website or proposed by Moneywave over email to the registered email address.

Moneywave shall deduct its transaction fees plus service tax per successful transaction and make payment of the balance of the transaction amount to User/ Payee's designated bank account. All other taxes, duties or charges shall be borne and paid by User, unless otherwise agreed between the parties. Moneywave reserves the right to alter / modify / change the discount / commission rate at its discretion. Moneywave also reserves the right to forthwith revise the transaction fee payable in the event of any revision in the rates charges by the acquiring banks or card associations or guidelines issued by the RBI from time to time.

It is hereby agreed and acknowledged by the parties that the transaction fees charged by Moneywave in respect of a transaction that has been confirmed shall not be returned or repaid by Moneywave to the User or any other person irrespective of the transaction being rejected, charged back, refunded or disputed.

Specific Terms

Moneywave is a payment processor for the client and does not have any control of the activities/actions of the business it is helping process payments for.

Moneywave Will Not Be Responsible For Any Disputes Between The Users And The Payers/ Payees, Including Issues Regarding Prices, Delivery, Non-Delivery Or Delay In Delivery Of The Products, Quality Of Products Or Otherwise. All Such Disputes Will Be Dealt With By And Between The User And The Payer/ Payee Directly And Moneywave Shall Not Be A Party To Such Disputes.

Moneywave Cannot And Does Not Guarantee The Timings Of Any Payments Made Or Received As Such Timing Is Dependent Upon User's Bank, Card Issuing Bank/ Card Processor (Where A Credit/ Debit Card Is Used), Acquiring Financial Institution And Other Service Providers. Moneywave Assumes No Liability And Shall Not Be Held Responsible For Any Delays In Delivery Of Payment Or Availability Of Funds When Using The Services.

Moneywave Shall Not Be A Party To The Agreement Between The User And Any Payer/ Payee In Any Manner Whatsoever. All Contracts Are Directly Between Users And Their Payers/ Payees.

User Shall Be Responsible For Any Miscommunication Or Incorrect User/ Third Party/ Other Information That May Be Provided To Moneywave At The Time Of Enabling The Services For The User.

Any request from the bank or the legal authorities to block an account or mark a lien on any amount of the client will be passed on to the client and the lien of the said amount or unblocking of the account will only happen once cleared by the bank or by the concerned authorities

Moneywave/ Service Provider Reserve The Right To Impose Limits On The Number Of Transactions Which May Be Charged On An Account During Any Time Period And Reserve The Right To Refuse To Make Payments In Respect Of Transactions Exceeding Such Limit. Moneywave/ Service Provider Also Reserve The Right To Refuse To Make Payments In Respect Of Transactions By Users With A Prior History Of Questionable Charges.

Security

Subject To The Provisions Stated Herein And As Specified By Moneywave From Time To Time, The User Will Not Hold Moneywave Liable In Case Of Any Improper/ Fraudulent/Unauthorized/ Duplicate/Erroneous Use Of His Mobile And/Or The Web Based Access. Moneywave Will Also Not Be Liable For Any Consequences Connected With The Use/ Misuse Of User's Mobile/ E Mail Account By Any Third Party. If Any Third Parties Gain Access To The Services, The User Will Be Responsible And Shall Indemnify Moneywave Against Any Liability, Costs Or Damages Arising Out Of Such Misuse / Use By Third Parties Based Upon Or Relating To Such Access And Use, Or Otherwise.

The User Shall Be Fully Liable For: (A) Any Unauthorised Use Of His Mobile/ Email Account; And/Or (B) All Authorised Transactions On His Mobile/Email Account.

Without Prejudice To The Remedies Available To Moneywave And These Terms, Moneywave Shall Be Under No Liability Whatsoever To The User In Respect Of Any Loss Or Damage Arising Directly Or Indirectly Out Of:

• any defect in any Products/Services supplied to them;
• any inability of a third party to supply or deliver the required Products in the necessary numbers or types;
• the refusal of any person (including a Service Provider) to honour or accept a payment;
• the malfunction of any computer terminal or equipment;
• the utilization of the Services by any person other than by the User;
• any mis-statement, error or omission in any details disclosed to Moneywave.

Termination

If Either Moneywave Or Service Provider Suspects, On Reasonable Grounds, That A User Has Committed A Breach Of These Terms Or Any Other Agreement With Moneywave Or Any Act Of Dishonesty Or Fraud Against Moneywave/ Any Service Provider, Moneywave 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 Services; Pending Enquiries By Moneywave. User May Cancel His User Account At Any Time By Sending Moneywave An Email. Please Note That Once Your Account Is Cancelled, Moneywave Does Not Have Any Obligation To Return Any Data Or Information That May Reside On Its Servers Or Other Equipment.

Indemnity

User Shall Keep Moneywave Indemnified From And Against Any And All Liability (Including But Not Limited To Liabilities, Judgments, Damages, Losses, Claims, Costs And Expenses,) Or Any Other Loss That May Occur, Arising From Or Relating To Any Claim, Suit Or Proceeding Brought Against Moneywave By Another User/ Service Provider/ Third Party For Reasons Including, But Not Limited To (I) Delivery, Non Delivery Or Delay, Deficiency Or Mistake In Respect Of The Products Sold; (Ii) A Breach, Non-Performance, Non Compliance Or Inadequate Performance By The User Of Any Of The Terms, Conditions, Representations, Obligations Or Warranties Made By Him; (Iii) Any Acts, Errors, Misrepresentations, Wilful Misconduct Or Negligence Of The User, Or His Employees, Subcontractors And Agents In Performance Of Their Obligations Under These Terms.

The User Shall Comply With All Such Terms And Conditions As Moneywave Or Any Service Provider May Prescribe From Time To Time With Regard To The Services. All Transactions Effected By Or Through This Website, Shall Constitute Legally Binding And Valid Transactions When Done In Adherence To And In Compliance With The Terms And Conditions Prescribed By Moneywave Or Seller/ Service Provider.

Confidentiality

User Agrees Not To Disclose Or Attempt To Use Or Personally Benefit From Any Non-Public Information That He May Learn On The Website Or Through The Services. This Obligation Shall Continue Until Such Time As The Non-Public Information Has Become Publicly Known Through No Action Of Your Own. If You Are Compelled By Order Of A Court Or Other Governmental Or Legal Body (Or Have Notice That Such An Order Is Being Sought) To Divulge Any Such Non-Public Information, You Agree To Promptly And Diligently Notify Moneywave And Cooperate Fully With Moneywave In Protecting Such Information To The Extent Possible Under Applicable Law.

Moneywave May Access, Preserve And Disclose Any Of Your Information If Required To Do So By Law, Or If We Believe In Good Faith That It Is Reasonably Necessary To (I) Respond To Claims Asserted Against Moneywave Or To Comply With Legal Process, (Ii) For Fraud Prevention, Risk Assessment, Investigation, Customer Support, Product Development And De-Bugging Purposes, Or (Iii) Protect The Rights, Property Or Safety Of Moneywave, Its Users Or Members Of The Public.

Intellectual Property Rights

The Website Content And The Trademarks, Service Marks And Logos Contained Therein ("Marks") Are Owned By Or Licensed To Moneywave, Subject To Copyright And Other Intellectual Property Rights Under The Law And International Conventions. Such Website Content May Not Be Copied, Reproduced, Distributed, Transmitted, Broadcast, Displayed, Sold, Licensed, Uploaded, Or Otherwise Exploited Without The Prior Written Consent Of Moneywave.

Privacy Policy

User Understands That His Access To The Website Will Result In The Collection, Use And Storage Of His Information Which Is Subject To Moneywave's Privacy Policy. Through His Access Of The Website User Consents To The Collection, Use And Storage Of Such Information, Which Will Be Held By Moneywave And May Be Processed And Stored By Service Providers. For An Explanation Of Moneywave's Practices And Policies Related To The Collection, Use And Storage Of Users' Information, Please Read Our Privacy Policy.

Disclaimer Of Warranties

THE CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT Moneywave IS NOT HEREIN ENGAGED IN ITSELF FOR MAKING PAYMENTS. Moneywave IS AN INTERMEDIARY BETWEEN BANKS, SERVICE PROVIDERS AND USERS. ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Moneywave MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, OR ADEQUACY OF THE WEBSITE OR THAT THE SERVICES PROVIDED OR THE FUNCTIONALITY ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

USER HEREBY ACKNOWLEDGES THAT HIS USE OF THIS WEBSITE AND THE SERVICES IS AT HIS SOLE RISK. UNDER NO CIRCUMSTANCES SHALL Moneywave OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THESERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF Moneywave HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

Limitation Of Liability

USER ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES, REMAINS WITH YOU. NEITHER Moneywave NOR ANY OTHER PARTY INVOLVED IN PROVIDING OR DELIVERING THE WEBSITE OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, OR IN CONNECTION WITH THESE TERMS, AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Moneywave HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR Moneywave OBLIGATIONS TO MAKE PAYMENTS THROUGH THE CURRENT ACCOUNT AS ENVISAGED HEREIN, IN NO EVENT WILL Moneywave'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND USER'S USE OF THE WEBSITE AND SERVICES, EXCEED THE AMOUNT OF RUPEES 1000.

General Terms

Unless Otherwise Set Out, All Payments May Only Be Made In Indian Rupees.

Moneywave 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.

Moneywave Reserves The Right To Vary Any Of The Terms Contained Herein By Posting The Revised Terms On Moneywave's Website Without Notice To The User.

The User Hereby Accepts That He May, From Time To Time, Receive From Moneywave Or Its Associates, Communications Such As Service Announcements, Advertisements Or Administrative Communications.

All Information Provided By The User To Moneywave Shall Be Accurate, Current And Complete. User Shall Be Solely Responsible For The Accuracy And Correctness Of All Information Provided By Him. Moneywave Shall Not Be Liable For Any Loss Or Costs Incurred By Any Party Due To Any Incorrect Or Mistaken Information Provided By User.

Moneywave 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.

Moneywave 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.

Moneywave 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 Moneywave'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 Moneywave, 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.

Moneywave'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 Moneywave 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 Moneywave'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 Moneywave Website To A Third Party Site Is Not An Endorsement Of That Website. The Use Or Browse By A User Of Any Other Website Shall Be Subject To The Terms And Conditions In Each Such Website.

Moneywave 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.

Moneywave Shall Not Be Liable For Any Unauthorised Access To The User's Data Or Any Unauthorized Transmissions Sent Through The Moneywave Services.

Moneywave 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 Moneywave from time to time; without incurring any liability therefor.

Moneywave 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.

The User Shall Not (Whether On-Line Or Otherwise):Describe Itself As Agent Or Representative Of Moneywave Or Make Any Representations To Any Customer Or Any Third Party Or Give Any Warranties Which May Require Moneywave Or Service Provider To Undertake To Or Be Liable For, Whether Directly Or Indirectly, Any Obligation And/Or Responsibility To Customer Or Any Third Party.

Moneywave Shall Not Be Liable For Any Breach Of These Terms Due To Any Force-Majeure Event Such As Act Of God, Fire, Lightning, Explosion, Flood, Inclement Weather Conditions, Power Failures, Failure In Any Communication Systems, Equipment Breakdown, Strikes, Lock-Out Or Any Other Cause Beyond The Control Of Moneywave.

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.

Moneywave 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 New Delhi Shall Have Exclusive Jurisdiction.

No Failure Or Delay By Moneywave In Exercising Any Right, Power Or Privilege Shall Operate As A Waiver Thereof.

For Any Queries / Details Users Can Contact:

MONEY WAVE SOLUTIONS PRIVATE LIMITED
1/13-A-580 H, Basti Mandoli Extn.
New Delhi North East Delhi - 110093
Or
Write To Us At support@mwspay.com

Annexure A: Banned Items

• Adult Goods And Services Which Includes Pornography And Other Sexually Suggestive Materials (Including Literature, Imagery And Other Media); Escort Or Prostitution Services.
• Alcohol Which Includes Alcohol Or Alcoholic Beverages Such As Beer, Liquor, Wine, Or Champagne.
• Body Parts Which Includes Organs Or Other Body Parts.
• Bulk Marketing Tools Which Includes Email Lists, Software, Or Other Products Enabling Unsolicited Email Messages (Spam).
• Cable Descramblers And Black Boxes Which Includes Devices Intended To Obtain Cable And Satellite Signals For Free.
• Child Pornography Which Includes Pornographic Materials Involving Minors.
• Copyright Unlocking Devices Which Includes Mod Chips Or Other Devices Designed To Circumvent Copyright Protection. 8) 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 Includes 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 Includes Illegal Drugs And Drug Accessories, Including Herbal Drugs Like Salvia And Magic Mushrooms.
• Drug Test Circumvention Aids Which Includes Drug Cleansing Shakes, Urine Test Additives And Related Items.
• Endangered Species Which Includes Plants, Animals Or Other Organisms (Including Product Derivatives) In Danger Of Extinction.
• Government IDs Or Documents Which Includes Fake IDs, Passports, Diplomas And Noble Titles.
• Hacking And Cracking Materials Which Includes Manuals, How-To Guides, Information, Or Equipment Enabling Illegal Access To Software, Servers, Watomites, Or Other Protected Property.
• Illegal Goods Which Includes Materials, Products, Or Information Promoting Illegal Goods Or Enabling Illegal Acts.
• Miracle Cures Which Includes Unsubstantiated Cures, Remedies Or Other Items Marketed As Quick Health Fixes.
• Offensive Goods Which Includes Literature, Products Or Other Materials That: A) Defame Or Slander Any Person Or Groups Of People Based On Race, Ethnicity, National Origin, Religion, Sex, Or Other Factors B) Encourage Or Incite Violent Acts C) Promote Intolerance Or Hatred.
• Offensive Goods, Crime Which Includes Crime Scene Photos Or Items, Such As Personal Belongings, Associated With Criminals.
• Prescription Drugs Or Herbal Drugs Or Any Kind Of Online Pharmacies Which Includes Drugs Or Other Products Requiring A Prescription By A Licensed Medical Practitioner.
• Pyrotechnic Devices And Hazardous Materials Which Includes Fireworks And Related Goods; Toxic, Flammable And Radioactive Materials And Substances.
• Regulated Goods Which Includes Air Bags; Batteries Containing Mercury; Freon Or Similar Substances/Refrigerants, Chemical/Industrial Solvents, Government Uniforms, Car Titles Or Logos, 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 Includes Stocks, Bonds, Or Related Financial Products.
• Tobacco And Cigarettes Which Includes Cigarettes, Cigars, Chewing Tobacco And Related Products.
• Traffic Devices Which Includes Radar Detectors/ Jammers , License Plate Covers, Traffic Signal Changers And Related Products.
• Weapons Which Includes Firearms, Ammunition, Knives, Brass Knuckles, Gun Parts 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 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.
• Pyrotechnic Devices, Combustibles, Corrosives And Hazardous Materials Which Includes Explosives, Fireworks And Related Goods; Toxic, Flammable And Radioactive Materials And Substances
• Regulated Goods Which Includes 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

Privacy Policy

We, MONEY WAVE SOLUTIONS PRIVATE LIMITED, a Company, incorporated under the Companies Act, 2013, having its registered office at "1/13-A-580 H, Basti Mandoli Extn. New Delhi North East Delhi - 110093, India" represented by its members, hereinafter referred to as the "Company" (where such expression shall unless repugnant to the context Therefore, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.) The creator of this Privacy Policy ensures steady commitment to Your privacy with regard to the protection of your invaluable information.

This privacy policy contains information about its Mobile application Moneywave Business and the web application - www.mwspay.com (hereinafter collectively referred to as the "Platform").

In order to provide You with Our uninterrupted use of services, We may collect and, in some circumstances, disclose information about you with your permission. To ensure better protection of Your privacy, We provide this notice explaining Our information collection and disclosure policies and the choices You make about the way Your information is collected and used.

Please note that by visiting www.mwspay.com or accessing the mobile application you are accepting the practices described in this Privacy Policy. All users of the mobile application (Application) / website (Website) are advised to read and understand our Privacy Policy carefully, as by accessing the Application you agree to be bound by the terms and conditions of the Privacy Policy and consent to the collection, storage and use of information relating to you as provided herein. By using the Moneywave Business mobile application, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use. If you have any questions or concerns regarding this Privacy Policy, you should contact our Customer Support Desk at support@mwspay.com.

ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HERE IN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATERS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.

1. DEFINITIONS

• "We", "Our" and "Us" shall mean and refer to the Platform and/or the Company, as the context so requires.
• "You", "Your", "Yourself", "User", "Buyer", "Customer" shall mean and refer to natural and legal individuals who use the Website and who is competent to enter into binding contracts, as per Indian laws.
• "Buyers/Customers" shall refer to those any person who is availing services or products of the Merchant and making the payment/remittance therefor.
• "User" shall refer to both "Customers/Buyers".
• "Services" refer to a Platform which develops custom unified payments interface for retailers and businesses to accept online payments.
• "Third Parties" refer to any Application, company or individual apart from the User and the creator of this Application.
• "Merchant Services" the services or products provided by the Merchant to it's Customer's, the remittance/payment for which is to be made through the Customer's valid accounts / Card's or bank account, using Moneywave Services.
• The term "Platform" refers to the application for accepting payments from any UPI app.
• "Personal Information" shall mean and refer to any personally identifiable information that we may collect from you such as Name, Date of birth, gender, location) and their credit and debit card details. For removal of any doubts, please refer to Clause 2.

2. INFORMATION WE COLLECT

We are committed to respecting Your online privacy. We further recognize Your need for appropriate protection and management of any Personal Information You share with us. We may collect the following information:

• Personal data such as, but not limited to, Name and Mobile Number.
• Store details such as Name, Location, Category.
• Bank account details such as IFSC code, Bank account number, PAN number.
• Tracking Information such as, but not limited to the IP address of your device and Device ID when connected to the Internet. This information may include the URL that you just came from, which URL you next go to, your computer browser information and other information associated with your interaction with the Application.
• Details of Application usage for analytics.

This privacy policy also applies to data we collect from users who are not registered as members of this site, including, but not limited to, Browse behaviour, pages viewed etc. We also collect and store the personal information provided by you from time to time on the Site. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient and safe experience, customized to your needs including:

• To enable the provision of services opted for by you
• To communicate necessary account and service related information from time to time
• To allow you to receive quality customer care services and data Collection
• To comply with applicable laws, rules and regulations

Where any service requested by you involves a third party, such information as is reasonably necessary by the Company to carry out your service request may be shared with such third party. We also do use your contact information to send you offers based on your interests and prior activity. The Company may also use the contact information internally to direct its efforts for service improvement but shall immediately delete all such information upon withdrawal of your consent for the same through the 'unsubscribe' button or through an email to be sent to support@mwspay.com.

You may from time to time choose to provide payment related financial information (credit card, debit card, bank account details, billing address etc.) on the platform. We are committed to keeping all such sensitive data/information safe at all times and ensure that such data/information is only transacted over secure Site of approved payment gateways which are digitally encrypted and provide the highest possible degree of care available under the technology presently in use. We shall collect and store all such information in our internal Company servers for a finite period of time, as long as you are a User of the platform and shall immediately delete all such information upon expiry of your User ship. We shall also delete all aforementioned communication upon withdrawal of User ship of any single Party to the communication.

The Company will not use your financial information for any purpose other than to complete a transaction with you. To the extent possible, we provide you the option of not divulging any specific information that you wish for us not to collect, store or use. You may also choose not to use a particular service or feature on the Site and opt out of any non-essential communications from the platform.

Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where your account has/may have been compromised.

At every stage prior to, during or after information collection, you have the right to access all personally identifiable information provided, rectify or alter all personally identifiable information provided, restrict the level of information to be retained as per your sole discretion and object to the retention, use and potential disclosure of the personally identifiable information.

3. OUR USE OF YOUR INFORMATION

The information provided by you shall be used to provide and improve the service for you and all users.

• For maintaining internal record.
• For providing the Services
• For enhancing the Services provided.

For more details about the nature of such communications, please refer to our Terms of Service. Further, your personal data and Sensitive Personal data may be collected and stored by Us for internal record.

We shall disclose details including but not limited to Name, Location, Phone number, etc. of the Customers to the Sellers and Name, Phone number, Location, etc. of the Sellers to the Customers for the purpose of provision of Services to the aforementioned.

We use Your tracking information such as IP addresses and or Device ID to help identify you and to gather broad demographic information and make further services available to you.

We will not sell, license or trade Your personal information. We will not share your personal information with others unless they are acting under our instructions or we are required to do so by law.

Information collected via Our server logs includes users' IP addresses and the pages visited; this will be used to manage the web system and troubleshoot problems. We also use third-party analytics, tracking, optimization and targeting tools to understand how users engage with our Platform so that we can improve it and cater personalized content/ads according to their preferences.

4. HOW INFORMATION IS COLLECTED

Before or at the time of collecting personal information we will identify the purposes for which information is being collected. If the same is not identified to you, you have the right to request the Company to elucidate the purpose of collection of said personal information, pending fulfillment of which you shall not be mandated to disclose any information whatsoever.

We will collect and use your personal information solely with the objective of fulfilling those purposes specified by us, within the scope of consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and with the knowledge and consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used and to the extent necessary for those purposes, should be accurate, complete and up-to-date.

5. COOKIES

We use data collection devices such as "cookies" on certain pages of our Application. "Cookies" are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a "cookie". Cookies can also help us provide information which is targeted to your interests. Cookies may be used to identify logged in or registered users. Our Application uses session cookies to ensure that you have a good experience. These cookies contain a unique number, your 'session ID', which allows our server to recognize your computer and 'remember' what you've done on the Platform. The benefits of this are:

• You only need to log in once if you're navigating secure areas of the site.
• Our server can distinguish between your computer and other users, so you can see the information that you have requested.

You can choose to accept or decline cookies by modifying your browser settings if you prefer. This may prevent you from taking full advantage of the Platform. We also use various third-party cookies for usage, behavioral, analytics and preferences data. The following are the different types of Cookies used on the Platform:

• Authentication cookies: To identify the user and share the content that he or she requested for.
• Functionality cookies: For customized user experience and resuming past course progress.
• Tracking, optimization and targeting cookies: To capture usage metric on device, operating system, browser etc. to capture behavioral metrics for better content delivery. To cater and suggest most suited products and services.

6. 3rd PARTY ANALYTICS

We use a 3rd Party Analytics tools to help us to understand how you make use of our content and work out how we can make things better. These cookies follow your progress through our, collecting anonymous data on where you have come from, which pages you visit and how long you spend on the site. This data is then stored by Google in order to create reports. These cookies do not store your personal data.

The information generated by the cookie about your use of the Application, including your IP address, may be transmitted to and stored by the 3rd Party on their servers. The 3rd Party may use this information for the purpose of evaluating your use of the Application, compiling reports on Application activity for us and providing other services relating to Application activity and internet usage. The 3rd Party may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the 3rd Party's behalf. By using this Application, you consent to the processing of data about you by the 3rd Party in the manner and for the purposes set out above.

7. EXTERNAL LINKS ON THE APPLICATION

The Application may include advertisements, hyperlinks to other Applications, content or resources. We have no control over any Applications or resources, which are provided by companies or persons other than Us. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources and do not endorse any advertising, services/products or other materials on or available from such platform or resources. You acknowledge and agree that We are not liable for any loss or damage which may be incurred by you as a result of the 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 Applications or resources. These external Applications and resource providers may have their own privacy policies governing the collection, storage, retention and disclosure of Your Personal Information that You may be subject to. We recommend that you enter the external Application and review their privacy policy.

8. YOUR RIGHTS

Unless subject to an exemption, you have the following rights with respect to your personal data:

• The right to request a copy of your personal data which we hold about you.
• The right to request for any corrections to any personal data if it is found to be inaccurate or out of date.
• The right to withdraw Your consent to the processing at any time.
• The right to object to the processing of personal data.
• The right to obtain information as to whether personal data are transferred to a third country or to an international organization.

Where you hold an account with any of our service, you are entitled to a copy of all personal data which we hold in relation to you.

9. CONFIDENTIALITY

You further acknowledge that the Platform may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent. Your information is regarded as confidential and therefore will not be divulged to any third party, unless legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and you retain sole discretion to seek discontinuation of such communications at any point of time.

10. OTHER INFORMATION COLLECTORS

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Platform or on other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy policies. Since we do not control the privacy policies of third parties, you are subject to ask questions before you disclose your personal information to others.

11. OUR DISCLOSURE OF YOUR INFORMATION

We shall disclose details including but not limited to Name, Location, Phone number, etc. of the Customers to the Sellers and Name, Phone number, etc. of the Sellers to the Customers for the purpose of provision of Services to the aforementioned. Information collected will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005, any rules made there under or any other law for the time being in force.

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties. Therefore, although we use industry standard practices to protect your privacy, we do not promise and you should not expect, that your personally identifiable information or private communications would always remain private. We do, however, assure you that any and all disclosure of your personally identifiable information shall be personally intimated to you through an email sent to your provided email address.

As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed:

• External Service Providers: There may be a number of services offered by external service providers that help you use our Platform. If you choose to use these optional services and in the course of doing so, disclose information to the external service providers and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy.
• Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.

12. ACCESSING, REVIEWING AND CHANGING YOUR PROFILE

Following registration, you can review and change the information you submitted at the stage of registration, except mobile number and other fields such as Bank account details, PAN number that are deemed unique to the user by us. An option for facilitating such change shall be present on the Platform and such change shall be facilitated by the User. If you change any information we may or may not keep track of your old information. We will not retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Such prior information shall be completely removed from our databases, including stored 'back up' systems. If you believe that any information, we are holding on you is incorrect or incomplete, or to remove your profile so that others cannot view it, the User needs to remediate and promptly correct any such incorrect information.

13. CONTROL OF YOUR PASSWORD

When you sign up to become a Member, you might be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. It is important that you protect it against unauthorized access of your account and information by choosing your password carefully and keeping your password and computer secure by signing out after using our services.

You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You are responsible for all actions taken with your login information and password, including fees. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. You agree to notify us immediately if you suspect any consistent unauthorized use of your account or access to your password even after changing it.

14. SECURITY

We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the Company. We follow generally accepted industry standards to protect the Personal Information submitted to us and information that we have accessed.

However, as effective as encryption technology is, no security system is impenetrable. Our Company cannot guarantee the security of our database, nor can we guarantee that the information you provide will not be intercepted while being transmitted to the Company over the Internet.

15. SEVERABILITY

Each paragraph of this privacy policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this privacy policy.

16. AMENDMENT

Our Privacy Policy may change from time to time. The most current version of the policy will govern our use of your information and will always be at the Platform.

17. CONTACT US

If you have any questions or concerns regarding this privacy policy, you should contact us by sending an email to support@mwspay.com.

Information provided in the Application may not be 100% accurate and may be provided for promotional purposes of the business.

Refund & Cancellation Policy

Please read the policy, conditions and process carefully as they contain important information and guidelines for customers & merchants of Moneywave Solutions Private Limited on refund and cancellations. Moneywave Solutions may amend this process from time to time which shall be updated on its website www.moneywavesolutions.com.

We make every effort to service the order/s placed with us as per the specifications and timelines mentioned. If due to any reason, unavoidable circumstances or beyond the limitations of Moneywave Solutions the order is not deployed then the order will be cancelled and refunded subject to the below terms:

Cancellation Policy

For Cancellations please contact us via the contact us link. Requests received later than 2 business days prior to the end of the current service period will be treated as cancellation of services for the next service period.

Refund Policy

We will try our best to create suitable design concepts for our clients. In case any client is not completely satisfied with our products we can provide a refund.

If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payment gateway name payments refund will be made to the same account within 5 to 7 working days.

A refund/cancellation can be refused if the following conditions are met:

1. The services have already been taken;
2. The product is completely broken and unusable or with scratches or incomplete as per the seller claims from the customer; or
3. There are outstanding dues on the merchant's account which have not been paid.