The following terms and conditions ("TERMS OF USE") apply to your use of the website https://kvmpay.com and any other linked pages, products, software(s), API keys, features, content, or application services (including but not limited to any mobile application services) offered from time to time by hereby also referred to as Kvmlogic Softwares pvt ltd("Kvmlogic Softwares pvt ltd" or "WE" or "OUR" or "US") (collectively, "WEBSITE").
Any person logging on to or using the Website (even if such person does not use any of the Website's services ("SERVICES")) (hereinafter referred to as a "USER", "SELLER", "YOU" or "CLIENT") is presumed to have read these Terms of Use (which includes the Privacy Policy, which is separately posted on the Website) and unconditionally and irrevocably accepted the terms and conditions set forth herein (these Terms of Use). These Terms of Service, along with the other Policies (described below), form a legally binding and enforceable agreement between the User and Kvmlogic Softwares pvt ltd. The terms and conditions of any other written agreement you may have with Kvmlogic Softwares pvt ltd for other services are unaffected by these Terms of Use.
THE USER UNDERSTANDS AND UNCONDITIONALLY ACKNOWLEDGES THAT EVEN IF THE USER IS ALLOWED TO EXECUTE TRANSACTIONS ON THE Kvmlogic Softwares pvt ltd PLATFORM, THE FUNDS WILL NOT BE SETTLED TO THE USER'S ACCOUNT PENDING COMPLETION OF KYC OBLIGATIONS ON THE USER'S PART IN ACCORDANCE WITH THE RBI'S KYC GUIDELINES (DEFINED BELOW). FURTHER, IF THE USER DOES NOT COMPLETE THE KYC OBLIGATIONS MENTIONED ABOVE, TO THE SATISFACTION OF Kvmlogic Softwares pvt ltd, WE RESERVE THE RIGHT NOT TO RELEASE THE SETTLEMENT AMOUNTS TO THE USER AND MAY EVEN REVERSE THE FUNDS TO THE ACCOUNT FROM WHERE SUCH PAYMENT ORIGINATED.
Please read the terms and conditions carefully before agreeing to them. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please stop using the Website immediately. You can accept the Terms of Service by
Accepting or agreeing to the Terms of Use, where provided by Kvmlogic Softwares pvt ltd in the User interface for any particular Service;
Accessing, testing, or actually using the Services. In this case, you understand and agree that Kvmlogic Softwares pvt ltd will treat your continued use of the Services as acceptance of the Terms of Use. For the purposes of these Terms of Service, the term "User" shall mean and include any natural or legal person who has agreed to these Terms of Service on behalf of itself or any other legal entity, as the context requires.It is clarified that the Privacy Policy (which is provided separately) is an integral part of these Terms of Use and should be read in conjunction with them. The illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the Terms of Use's other provisions. To avoid ambiguity, if any of the provisions become void or unenforceable, the remainder of the provisions of these Terms of Use will be binding on the User.
We reserve the right, at our sole discretion, to revise or alter the Terms of Service at any time without prior notice to the User. The most recent Terms of Service will be posted here. Any changes made by Kvmlogic Softwares pvt ltd will take effect immediately. By continuing to use this Website or to access the Services / use of our Services after changes have been made, you agree to be bound by the revised/ amended Terms of Use, which shall supersede all other terms of use previously accepted by the User. You are solely responsible for understanding and adhering to all applicable laws in your jurisdiction,including, but not limited to, the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, the Payment and Settlement Systems Act, 2007, the Prevention of Money Laundering Act, 2002, the Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI (the "KYC GUIDELINES"), etc., that may be applicable to you.
This Terms of Service Agreement ("Agreement") establishes the legally binding terms for your use of Kvmlogic Softwares pvt ltd.com Services. If you do not agree with the changes, you have the option to cancel your membership with Kvmlogic Softwares pvt ltd.com. When you use the Kvmlogic Softwares pvt ltd.com Services after the modification has been posted for at least one month, you agree to be bound by any changes to this Agreement. As a result, it is critical that you review this Agreement on a regular basis to ensure that you are kept up to date on any changes.
"The Service" is provided to you, "The User," in accordance with the terms and conditions and any amendments thereto, as well as any operating rules or policies that Kvmlogic Softwares pvt ltd.com may publish from time to time as part of the Terms of Use. By using the Kvmlogic Softwares pvt ltd.com Services, you agree to be bound by this Agreement, regardless of whether you are a "Visitor" (meaning you simply browse the Kvmlogic Softwares pvt ltd.com Websites) or a "Member" (which means that you have registered with Kvmlogic Softwares pvt ltd.com).A Visitor or a Member is referred to as a "User." You may only use the Kvmlogic Softwares pvt ltd.com Services if you agree to follow all applicable laws and this Agreement. The Kvmlogic Softwares pvt ltd.com Terms of Service constitute the entire agreement between the User and Kvmlogic Softwares pvt ltd.com and supersedes any prior agreements pertaining to the subject matter contained herein. YOU AGREE TO BE BOUND BY https://kvmpay.com Terms of Use Agreement BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "SUBMIT" BUTTON. This Agreement is split into two sections. Part One of this document explains the terms that govern your use of the Services. Part Two includes additional legal terms, such as provisions limiting our liability to you and requiring individual arbitration for any potential legal dispute. You must accept all of the terms of this Agreement in order to use the Services.
"Acquiring Banks" refers to various banks, financial institutions, Card Associations, and payment system providers as defined and licenced by the Payment and Settlement Systems Act of 2007.
The term "Acquiring Bank Services" refers to the payment gateway system and services provided by Acquiring Banks, such as I routing internet-based Valid Card transactions. (ii) provide a variety of internet-based services, including Net Banking. (iii) provide Card Associations or other third-party clearing houses with Authentication and Authorization. and (iv) provide settlement services for payment instructions initiated by customers.
"Authentication" refers to the process by which the Acquiring Banks validate the Customer's identification.
Authorization" shall refer to the process by which the Issuing Institution and/or the relevant Card Association electronically or otherwise convey the approval of the charge (i.e. if the Customer has a Valid Card and/or the required credit limit/debit limit to pay the Customer Charge requested) on a Transaction undertaken by a Customer on your Website.
Business Days” shall mean any day on which Acquiring Banks are open for business in India, other than Saturday, Sunday, and any days declared as Holidays by us and/or Acquiring Bank.
"Card Association(s)" Visa, MasterCard, Visa Electron, Maestro, Diners, American Express, or any other card association as specified by us from time to time.
“Card Association Rules” shall mean any Card Association's written rules, regulations, releases, guidelines, processes, interpretations, and other requirements (whether contractual or otherwise).
“Chargeback” shall mean reversal of the value of the Customer Charge with respect to any Transaction, including I alleged forgery of the card number/bank account or other details (ii) any charge/debit made on a card that has been listed as a hot listed card or otherwise listed on the Card Association warning bulletins (iii) duplicate processing of the transaction; or (iv) for other reasons as per applicable rules and guidelines issued by RBI, Card Associations, Ac Furthermore, it shall include any debit to Kvmlogic Softwares pvt ltd's bank account to recover the value of the Customer Charge if you have insufficient funds in the Nodal Account and/or fail to pay for the same.
“Completion of Transaction” Kvmlogic Softwares pvt ltd Transaction Completion or if Kvmlogic Softwares pvt ltd requires Proof of Delivery.
“Confidential Information” shall mean "any and all written, oral, or other tangible or intangible form of information, discoveries, ideas, concepts, know-how (whether patentable or copyrightable or not), research, development, designs, drawings, blueprints, diagrams, models, samples, flow charts, data, computer programmes, discs, diskettes, tapes, algorithms, software programmes, marketing plans or techniques, technical, financial, or business information."within the framework of this Agreement or as a result of it Provided, however, that confidential information disclosed orally or through electronic media or any other intangible means shall be deemed confidential if it is identified as confidential and reduced in writing within (30) thirty days of the date of disclosure. Such writing must include the date, time, location, parties involved, and the nature of the confidential information disclosed.
"Customer" shall mean an individual or legal entity who/which purchases Products offered by you on your Website, Mobile Application, or IVR System and is directed to the Internet Payment Gateway using a Valid Card or Net Banking account, or any other acceptable modes of Payment Mechanism, provided by us.
“Customer Bank Account” shall mean the Customer's bank account or credit/prepaid/cash card account with the Issuing Institution.
“Customer Wallet” a digital prepaid instrument authorised under the Payment and Settlement Systems Act of 2007 and held by the Customer with the Issuing Institution
“Customer Charge” shall mean the sale price of the Products purchased by the Customer plus the shipping charge (if any) and all other taxes, duties, costs, charges, and expenses relating to the Products/payment that the Customer is required to pay.
“Delivery” shall mean I in the case of a good, delivery of the good to the Customer within the Delivery Due Date at the address specified by the Customer in this regard by a courier/parcel service appointed by you or your vendors; or (ii) in the case of a service, delivery or performance of service provisions within the Delivery Due Date.
“Delivery Due Date” shall refer to the date/period displayed on the Website or otherwise communicated to the Customer on or before which you must deliver the Products to the Customer (s).
“EMI” shall refer to the equated monthly instalment payment plan schemes of various Issuing Institutions that Kvmlogic Softwares pvt ltd provides.
"Issuing Institution" refers to a bank, financial institution, or other legal entity with which the Customer has a Customer Wallet, a Net Banking account, and/or has issued the Valid Card to the Customer (explanation: except for debit card or credit card Transactions, the Issuing Institution of the Customer and the respective Acquiring Bank will be the same).
“IVR System” shall mean interactive voice response technology that enables the Customer to interact with your Kvmlogic Softwares pvt ltd hosted IVR platform via a telephone via telecommunication signal tone keypad inputs and make Customer Charge payments via IVR dialogue.
"Merchant Bank Account" shall mean the bank account maintained and nominated by you for settlement of your Settlement Amount.
“Merchant Site” shall mean your website or Mobile Application as detailed in the Merchant Service Form or the IVR System hosted by Kvmlogic Softwares pvt ltd for you.
“Mobile Application” shall mean a software application that runs on smart phones, tablet computers and other mobile devices, the contents of which are controlled, operated and owned and established by you, for the purposes of enabling the Customers to view Products and carry out Transactions for purchase of Products, offered on the Mobile Application.
“Mobile SDK” shall mean proprietary mobile software development kit, a custom mobile software application and packaged Application Programming Interface codes (APIs) developed by Kvmlogic Softwares pvt ltd.
“Net Banking Account” shall mean the facility and internet account provided by the Issuing Institution to Customers holding a bank account or digital wallet account with the Issuing Institutions specified by Kvmlogic Softwares pvt ltd from time to time. Provided that the bank account is not listed in current warning or restricted bank account bulletins or notices.
“Nodal Account” shall mean an inoperative account held by Kvmlogic Softwares pvt ltd with any of the banks for the purpose of pooling the monies collected from Customers on your behalf and facilitating the transfer of these funds in final settlement to you (after deducting TDR), pursuant to RBI notification DPSS.CO.PD.No.1102/ 02.14.08/2009-10, dated 24/11/2009 or any other RBI notifications/guidelines amended from time to time.
“Nodal Bank” shall mean the bank(s) designated by Kvmlogic Softwares pvt ltd for the purpose of pooling the funds collected from Customers on your behalf and facilitating the transfer of these funds in final settlement to you (after deducting TDR), pursuant to RBI notification DPSS.CO.PD.No.1102/ 02.14.08/2009-10, dated 24/11/2009 or any other RBI notifications or guidelines amended from time to time.
“One Click Checkout” shall mean the facility provided to the Customers to save its Valid Card details on the Kvmlogic Softwares pvt ltd server to purchase the Products from the Merchant Site with a single click.
“Outstanding Amount” shall mean the amount payable by you to Kvmlogic Softwares pvt ltd, Acquiring Banks and/or Customers for any losses, costs, damages, penalties, Chargebacks, refund overdraft or credit problems suffered or incurred by the Customers, Kvmlogic Softwares pvt ltd and/or Acquiring Banks; any fees and other payments owed to Kvmlogic Softwares pvt ltd by you; and any claims or proceedings filed against Kvmlogic Softwares pvt ltd and/or Acquiring Banks by the Customers or any third Party.
“Payment Mechanism” shall mean the mechanism of making payment by utilizing the internet facilities of various Acquiring Banks, Card Associations, card payment systems and through such other modes and mechanisms of payment and delivery as may be notified by Kvmlogic Softwares pvt ltd from time to time.
“Kvmlogic Softwares pvt ltd Account” shall mean the merchant account maintained with Kvmlogic Softwares pvt ltd in order to provide the Kvmlogic Softwares pvt ltd Services to you.
“Kvmlogic Softwares pvt ltd Site” shall mean the websites provided by Kvmlogic (i.e https://kvmpay.com) by means of which Kvmlogic Softwares pvt ltd provides aggregative Internet Payment Gateway services to you and the Customers.
"Products" shall mean goods and/or services offered for sale by you on the Merchant Site. 33.“Proof of Delivery” shall mean sufficient legitimate records evidencing Delivery of the Product to the Customer (i.e. Courier Company’s delivery confirmation and delivery confirmation by the Customer).
“Proof of Delivery” shall mean sufficient legitimate records evidencing Delivery of the Product to the Customer (i.e. Courier Company’s delivery confirmation and delivery confirmation by the Customer).
"RBI" shall mean the Reserve Bank of India.
“Reserve” shall mean the interest free, refundable funds provided and replenished by you to Kvmlogic Softwares pvt ltd from time to time.
“Settlement Amount” shall mean Customer Charge minus the TDR and any other charges/fees payable by you to Kvmlogic Softwares pvt ltd under this Agreement.
“Transaction" shall mean every payment request/order placed by the Customer on the Merchant Site for purchasing Products from you.
“Transaction Discount Rate” or “TDR” shall have the meaning prescribed in paragraph 11. 39.“Upgraded Mobile Application” shall mean the Merchant’s Mobile Application integrated with the Mobile SDK
.“Upgraded Mobile Application” shall mean the Merchant’s Mobile Application integrated with the Mobile SDK
" Valid Card" shall mean any unexpired credit card or debit card which is issued by an Issuing Institution designated to issue a Visa, MasterCard, Visa Electron or a Maestro or cash card, prepaid card or another card as may be specified by Kvmlogic Softwares pvt ltd from time to time. Provided that the card is not listed in current warning or restricted card bulletins or notices and bears the signature of the person in whose name the card is issued.
As a condition of your use of "The Service" you, 'The User' agree to provide:
provide true, accurate, up-to-date, and complete information about yourself as required by the Service's registration form (such data being the Registration Information).
keep the Registration Information accurate, current, and complete by maintaining and promptly updating it. If you provide any information that is false, inaccurate, out of date, or incomplete, Kvmlogic Softwares pvt ltd.com reserves the right to cancel your user account and refuse any and all current or future use of 'The Service.'
You will only create, maintain, and use one Member account and password on Kvmlogic Softwares pvt ltd.com. You will not create multiple Kvmlogic Softwares pvt ltd.com Member accounts and passwords for your use.Kvmlogic Softwares pvt ltd.com has the right to use / disclose the aggregate registration information to third parties in connection with marketing of services. You have also consented Kvmlogic Softwares pvt ltd.com the right to use your registration information to provide targeting of advertising and other service offers. This could be also be used to customise the content you see, to fulfill your requests for certain products and services and to contact / intimate you about special offers or new package. Usage obligations as a condition of your use of "The Service" you will not use "The Service" for any illegal purposes. You will be solely responsible for the contents of transmissions made by you through "The Service". By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize Kvmlogic Softwares pvt ltd.com to share such information with other user(s).
Obstruct or hinder the use and enjoyment of "The Service" by other Users.
intentionally or unintentionally violate any applicable local, state, national, and international laws and regulations.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt the Service or servers or networks connected to the Service, or challenge any requirements, regulations or guidelines of networks connected to "The Service".
Transmit or otherwise make available any material in connection with surveys, chain letters, junk email, spamming, contests, pyramid schemes, or any duplicative or unsolicited messages (commercial or otherwise); (f) Upload, post, email, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another's privacy, caste related, ethnically or otherwise objectionable.
Upload, post, email, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same.
Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another.
"Stalk" or otherwise harass other users; collect or store personal data about other users.
Advertise, Promote or offer to sell or buy any goods or services for any business purpose unless The Service specifically allows such messages or transactions.
Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service.
harm minors in any way.
upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.
upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.
As part of The Service's registration process you will provide us with current, complete and accurate information as requested by the registration form. You will then choose a user name and password. You take total responsibility for maintaining the confidentiality of your password and account. You may change your password by following the instructions on the system. You agree not to use the account or password of another Member at any time or to disclose your password to any third party.
You are also entirely responsible for any and all activities that occur under your account. You agree to notify Kvmlogic Softwares pvt ltd.com immediately of any unlawful / unauthorised use of your account or any other security violation. You agree to ensure that you exit from your account at the end of each session. You understand that Kvmlogic Softwares pvt ltd.com will not be liable for any loss or damage in any form incurred as a result of unauthorised usage of your account, with or without your knowledge. However, you could be held liable for losses or damages incurred by Kvmlogic Softwares pvt ltd.com or a third party as a result of your failure to comply with this clause. You also agree not to use anyone else's account, at any time, without the prior permission of the account holder.
Kvmlogic Softwares pvt ltd.com is not responsible for any corruption or missing of data. Personal information supplied by user(s) during the use of web site is governed by our privacy policy. Please click here to know about our privacy policy. Registration Information and certain other information about you is subject to our Privacy Policy.
At the time of registration you are required to disclose the exact business category/business sub-category for which you will be using the Kvmlogic Softwares pvt ltd Services and only avail the Kvmlogic Softwares pvt ltd Services through your designated Merchant Site. You understand and acknowledge that in order to use the Kvmlogic Softwares pvt ltd Services for any other purpose, you shall notify Kvmlogic Softwares pvt ltd in writing of such change and such change will be subject to approval by Kvmlogic Softwares pvt ltd. In order to avail the Kvmlogic Softwares pvt ltd Services and Acquiring Bank Services, you must be approved by and registered with Kvmlogic Softwares pvt ltd, the Acquiring Banks and Nodal Bank. Any undertaking with respect to the Kvmlogic Softwares pvt ltd Services under this Agreement shall be subject to Kvmlogic Softwares pvt ltd’s, the Acquiring Banks’ and Nodal Bank’s approval and completion of the registration process. By accepting the terms of this Agreement, you agree to provide Kvmlogic Softwares pvt ltd with all such documents as required by Kvmlogic Softwares pvt ltd to register you with Kvmlogic Softwares pvt ltd, the Acquiring Banks and Nodal Bank. You authorize Kvmlogic Softwares pvt ltd to request for supplemental documentation at any time (before or after your Kvmlogic Softwares pvt ltd Account has been activated), in order to verify your identity, the accuracy of the information provided, legitimacy of your business, and/or your Customers, including a Customer report that contains your name and address, etc. If we cannot verify that this information is accurate and complete, we may deny your use of the Services, or close your Kvmlogic Softwares pvt ltd Account at any time.
use of the Services, or close your Kvmlogic Softwares pvt ltd Account at any time. You further understand and acknowledge that Kvmlogic Softwares pvt ltd, the Acquiring Banks and Nodal Bank have the right to withdraw their approval/consent at any time prior to or after commencement of the Kvmlogic Softwares pvt ltd Services.
Kvmlogic Softwares pvt ltd facilitates individuals and legal entities in accepting payments initiated by their customers on their website or mobile application directed to the Kvmlogic Softwares pvt ltd Site or through using Valid Cards, Net Banking and various other acceptable modes of Payment Mechanism provided by Kvmlogic Softwares pvt ltd.
Kvmlogic Softwares pvt ltd is a software application (“Software Application”) and established a Kvmlogic Softwares pvt ltd website. Kvmlogic Softwares pvt ltd will act as an intermediary, by creating a link between the Merchant Site and the respective Acquiring Banks by means of the Software Application and Kvmlogic Softwares pvt ltd website, for enabling the Customers to make payment of Customer Charge on the Merchant website for the Transactions carried, using Acquiring Bank’s Services (“Internet Payment Gateway"). In order to serve in this role, we have entered into agreements with various Acquiring Banks, Nodal Bank, financial institutions, Card Associations and other software providers who are in the business of providing information technology services, including but not limited to, internet based electronic commerce, internet payment gateway and electronic software distribution services, to enable use of internet payment gateways developed by them, to (i) route internet based Valid Card Transactions; (ii) offer various facilities through the internet, including net banking facilities; (iii) provide Authorization from Card Associations or other third party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the Buyers.
These Transactions are between you and your Customers and we are only acting as an intermediary. We are NOT (i) a payment System Provider as defined under the Payment and Settlement Systems Act, 2007,(ii) a banking company as defined under the Banking Regulation Act, 1949 or (iii) a non-banking financial company as defined by the Reserve Bank of India Act, 1938.
The relationship between Kvmlogic Softwares pvt ltd and you is on principal-to-principal basis. Nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between us hereto or any affiliates or subsidiaries thereof or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party. Kvmlogic Softwares pvt ltd has no connection or interest of whatsoever nature in your business or the Products offered/ marketed on the Merchant Site. Kvmlogic Softwares pvt ltd shall provide Kvmlogic Softwares pvt ltd Services to you, as an independent entity and under the terms and conditions of this Agreement. Kvmlogic Softwares pvt ltd has no relationship with the Customers and all actions under this Agreement, which may affect the Customers instructed by you. You alone shall be responsible to the Customers and neither Kvmlogic Softwares pvt ltd nor the Acquiring Bank or anybody connected to Kvmlogic Softwares pvt ltd or Acquiring Bank shall have any responsibility or liability towards the Customers and you shall keep Kvmlogic Softwares pvt ltd and Acquiring Bank fully indemnified for all times to come in this respect.
You shall be responsible at your own costs for providing and maintaining all necessary equipment, software and facilities at your end so as to connect the Merchant website software to the Software Application.
You shall take all such precautions and measures as may be directed by Kvmlogic Softwares pvt ltd from time to time to ensure that there is no breach of security and the integrity of the link between the Merchant Site and the Internet Payment Gateway ("Hotlink") is maintained and shall ensure that all Customers upon accessing the Hotlink are properly directed to the Internet Payment Gateway. You shall also ensure that there are proper encryption and robust security measures to prevent any hacking into the information of the Customers and other data. In addition to the above, you shall also comply with security practices and procedures as prescribed in the Information Technology Act, 2000 and the rules made thereunder and/or the RBI rules and Regulations. Any loss incurred to you, Kvmlogic Softwares pvt ltd or the Acquiring Bank as a result of the Hotlink being breached due to improper security on part of you, your employees, contractors, agents, etc. and/or on the Merchant Site, shall be borne solely by you and you agree to indemnify, defend and hold harmless Kvmlogic Softwares pvt ltd and the Acquiring Banks from any claims, actions, damages or losses arising out or in relation thereto.
Without prejudice to the generality of the aforesaid, you shall routinely and at such time intervals as may be specified by Kvmlogic Softwares pvt ltd and/or the Acquiring Banks check the integrity of the Hotlink and provide such reports and/or conduct such tests as may be required by Kvmlogic Softwares pvt ltd and/or Acquiring Banks from time to time.
The Acquiring Bank will authenticate, authorize, and process the payment instructions given by the Customers on the Merchant Site in respect of the Transactions upon fulfillment of valid criteria as set forth by the Acquiring Banks and the Card Associations from time to time and accordingly transfer such approved Customer Charge from the Customer Bank Account/ Customer Wallet to the Nodal Account.
Kvmlogic Softwares pvt ltd, Acquiring Banks and/or Card Association may reject authorization of Transaction placed by the Customer for any reason including but not limited to risk management, suspicion of fraudulent, illegal or doubtful Transactions, selling of banned items, use of compromised Valid Cards, use of blacklisted/banned cards or in accordance with the RBI, Acquiring Banks, Issuing Institution and/or Card Association rules, guidelines, regulations, etc. and any other laws, rules, regulations, guidelines in force in India, etc.
You acknowledge that as a risk management tool, Kvmlogic Softwares pvt ltd and/or the Acquiring Banks reserve the right to limit or restrict transaction size, amount and/or monthly volume at any time. For the purpose of clarity such limitations or restrictions may be imposed for the following reasons including but not limited to limits/restrictions on the number of purchases which may be charged on an individual Valid Card or net banking account during any time period, rejection of Payment in respect of Customer Orders from Customers with a prior history of questionable charges, unusual monetary value of Transaction, etc. Further, as a security measure, Kvmlogic Softwares pvt ltd may at its sole discretion block any card number, account numbers, group of cards or Transactions from any specific blocked or blacklisted customer cards, accounts, specific, group of IP addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.
Under Rule 3 of Rules made under IT Act, 2000 vide powers conferred by clause (zg) of sub-section (2) of section 87 read with sub-section (2) of section 79: Users of computer resource not to host, display, upload, modify, publish, transmit, update or share any information that —
belongs to another person and to which the user does not have any right to.
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
Harm minors in any way.
Infringes any patent, trademark, copyright or other proprietary rights.
violates any law for the time being in force.
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
Impersonate another person.
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
By accepting the terms of this Agreement, you authorize us to hold, receive, disburse and settle funds on your behalf. Your authorization permits us to generate an electronic funds transfer between the Acquiring Banks and our Nodal Account to process each Transaction that you authorize. Thereafter you authorise us to transfer the Settlement Amount received from your Customers to the Merchant Bank Account designated by you for this purpose at the time of registration. Your authorization will remain in full force and effect until your Kvmlogic Softwares pvt ltd Account is closed or terminated.
In consideration for Kvmlogic Softwares pvt ltd Services, you shall pay Kvmlogic Softwares pvt ltd, Transaction Discount Rate (“TDR”). The TDR shall be deducted by Kvmlogic Softwares pvt ltd from the Customer Charge payable to you in respect of each completed Transaction. You shall pay all fees, as described on the Website in connection with such Services selected by you. Kvmlogic Softwares pvt ltd reserves the right to revise the TDR periodically, and Kvmlogic Softwares pvt ltd will intimate you of any such change within reasonable time. You shall also pay to Kvmlogic Softwares pvt ltd (i) a non-refundable one time set up fee, and (ii) Annual Maintenance Charge payable in advance every year. Kvmlogic Softwares pvt ltd shall have a right to deduct such set-up fee and Annual Maintenance Charges from the Settlement Amount payable to you. In addition, in consideration of the license granted with respect to the Mobile SDK, you agree to pay Kvmlogic Softwares pvt ltd a royalty (“Royalty”).
Subject to any other Clause of this Agreement, Kvmlogic Softwares pvt ltd shall endeavour to instruct the Nodal Bank to transmit the Settlement Amount from the Nodal Account to the your Bank Account within the time period prescribed by RBI commencing from date of Completion of Transaction. In the event that you opt for Kvmlogic Softwares pvt ltd Services, the Transaction shall be completed only upon receipt of the Customer Charge in the Nodal Account from the Acquiring Banks and reconciliation of the same by the Acquiring Banks, Kvmlogic Softwares pvt ltd and the Nodal Bank (“Kvmlogic Softwares pvt ltd Completion of Transaction”).
In the event that you opt for Kvmlogic Softwares pvt ltd Services demands Proof of Delivery for any Transaction(s), the Transaction shall be completed only upon submission of Proof of Delivery by you (in the manner prescribed by Kvmlogic Softwares pvt ltd) and the confirmation of the same by the respective Customer. In the event that the Customer does not confirm delivery within 3 (three) days from the date on which you provide Proof of Delivery, it shall be considered as deemed confirmation and the Transaction shall be deemed to be completed. (“Kvmlogic Softwares pvt ltd Completion of Transaction”). The transmission of the Settlement Amount to the Merchant Bank Account shall be subject to reconciliation of the Customer Charge by the Acquiring Banks, Kvmlogic Softwares pvt ltd and the Nodal Bank after actual receipt of Customer Charge in the Nodal Account.
All payments with respect to refunds and Chargebacks shall be solely your responsibility and Kvmlogic Softwares pvt ltd shall not be liable for any claims, disputes, penalties which may arise in connection with such refunds or Chargebacks to you or the Customer. You shall indemnify Kvmlogic Softwares pvt ltd in respect of any claims, disputes, penalties, costs and expenses arising directly or indirectly in relation to refunds or Chargebacks for all Transactions initiated and instructed through the Merchant Site.
Notwithstanding anything contained anywhere in this Agreement, you hereby confirm and agrees that Kvmlogic Softwares pvt ltd, Acquiring Bank and Nodal Bank reserve the right to reject payments with respect to any Customer Charge for reasons including but not limited to unlawful, erroneous Transaction, Chargeback, refund, fraud, suspicious activities, card Authentication and Authorization issues, overpayment made due to mathematical errors or otherwise, penalties incurred, Transaction related issues, issues related to Delivery, Customer Charge or Product, if the Transaction was not made in accordance with the requirements of Kvmlogic Softwares pvt ltd and/or the Acquiring Banks and/or Card Association.
In the event of rejection of payment with respect to Customer Charge, Chargeback, refunds or other Outstanding Amounts due to Kvmlogic Softwares pvt ltd, Acquiring Bank and/or the Customer by you, Kvmlogic Softwares pvt ltd and/or the Acquiring Bank reserve the right to reverse the credit given to the Merchant Bank Account or set-off the payment amount rejected, Chargeback or refunded or the Outstanding Amount against Settlement Amount payable to you. Kvmlogic Softwares pvt ltd and/or Acquiring Banks may also deduct the payment amount due from future Settlement Amounts payable to you with respect to subsequent Transactions.
All Settlement Amount due to you under this Agreement may be suspended or delayed till such time as Kvmlogic Softwares pvt ltd, the Acquiring Banks and/or nodal bank deems fit, if (a) the you or your Customer or a third party commits any fraud or violates any law or legal requirement; (b) Kvmlogic Softwares pvt ltd and/or the Acquiring Banks have reasons to believe that a fraud has been committed against the Customers, Kvmlogic Softwares pvt ltd, Acquiring Banks or any third party by you, your Customers, or any other third party; or has reason to believe that the Merchant or the Customer has in connivance with any other person done any fraud or assisted in the same; or any transaction has been fraudulently initiated; (c) you have excessive pending Chargebacks or poses high Chargeback and/or refund Risk; (d) continuous non-delivery or delayed delivery of Products to Customers; or (e) for any other reasonable reasons.
You understand and acknowledge that at any time and from time to time, we may temporarily suspend or delay payments to you or require you to provide Kvmlogic Softwares pvt ltd with Reserve of such amounts as may be requested by Kvmlogic Softwares pvt ltd to secure the performance of your payment obligations under this Agreement for reason, including without limitation, high Chargeback risk, credit risk, refund overdraft risk, non-delivery issues, selling of banned items, non-payment of maintenance fees or other amount payable to Kvmlogic Softwares pvt ltd or any other indications of performance problems related to your use of the Kvmlogic Softwares pvt ltd Services. If you fail to provide Kvmlogic Softwares pvt ltd with Reserve within seven (7) days of receipt of notice for the same, Kvmlogic Softwares pvt ltd reserves the right to suspend and/or terminate the Settlement Amount payable you or the Kvmlogic Softwares pvt ltd Services without further notice. Kvmlogic Softwares pvt ltd may use this Reserve to set-off including but not limited to any Outstanding Amounts payable by you to Kvmlogic Softwares pvt ltd, Acquiring Banks and/or Customers.
In case the Settlement Amount payable to you and/or the Reserve (if any) is not sufficient to cover your Outstanding Amount, then you shall pay Kvmlogic Softwares pvt ltd and/or the Acquiring Banks the remaining amount due immediately upon request. Kvmlogic Softwares pvt ltd shall be entitled to charge daily interest on such Outstanding Amount from the date of request until the date of payment in full, at the rate of 1.5% per month. Provided that the above right of Kvmlogic Softwares pvt ltd to appropriate the Reserve and set-off the Outstanding Amount in the above manner shall be in addition to and reserving fully the right of Kvmlogic Softwares pvt ltd to recover all such losses, costs and damages etc. from you by any other means, which may be available to Kvmlogic Softwares pvt ltd under the law. In addition, you agree to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with the outstanding amount and the collection of same from you.
Our Collection Rights for Chargebacks: For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve. We may debit the amount of any Chargeback and any associated Fees, fines, or from your Settlement Amount and/or Reserve. If we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a Customer’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation or Card Association Rules by which the Customer may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us with respect to collection of all Outstanding Amounts unpaid by you.
Excessive Chargebacks: If we determine that you are incurring an excessive amount of Chargebacks, Kvmlogic Softwares pvt ltd may establish controls or conditions governing the Transactions contemplated under this Agreement, including without limitation, by (a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts, and (d) terminating or suspending the Services.
Contesting Disputed Transactions: In the event of a Chargeback dispute relating to a Transaction contemplated vtsoever, Kvmlogic Softwares pvt ltd shall forthwith notify you of the same. On such notification you shall conduct an internal review of such matter and shall within 5 (five) days from receipt of notice, revert to Kvmlogic Softwares pvt ltd in writing either:
Requesting Kvmlogic Softwares pvt ltd to refund (“Refund Request”) the Customer Charge Amount received by it in respect of such Transaction ("Refund Monies”"). or
Providing Kvmlogic Softwares pvt ltd with a statement explaining how the Disputed Transaction is not warranted together with all documentary evidence in support of contesting such Disputed Transaction.
In the event that you: (a) provide a Refund Request to Kvmlogic Softwares pvt ltd; or (b) fail to provide Refund Request and fail to contest such Disputed Transaction within the aforesaid period or contests Disputed Transaction without providing supporting documentation to the satisfaction of Kvmlogic Softwares pvt ltd, Acquiring Banks, Card Association and/or Issuing Institution, Kvmlogic Softwares pvt ltd shall be entitled to recover the Refund Monies from Settlement Amount subsequently made to the Nodal Account. In the event that Kvmlogic Softwares pvt ltd is unable to recover the Refund Monies as aforesaid, due to the Settlement Amount credited to the Nodal Account being lower than the Refund Monies, Kvmlogic Softwares pvt ltd shall deduct the remaining Refund Monies from the Reserve (if any) or set-off the remaining Refund Monies against the future Settlement Amounts payables to you and refund the same to the Customer. You shall be liable to make payment of the Refund Monies or part thereof which has not been recovered by Kvmlogic Softwares pvt ltd forthwith. It is hereby agreed and acknowledged by the Parties that the TDR charged by Kvmlogic Softwares pvt ltd in respect of a Transaction that has been confirmed shall not be refunded or repaid by Kvmlogic Softwares pvt ltd to you or any other person irrespective of the Customer Charge being rejected, chargeback, refunded or disputed.
You understand that in order to avail the EMI services of a bank, you must be specifically approved by such bank for provision of EMI services. The EMI services shall be offered at the discretion and as per the terms and conditions of the respective bank and Kvmlogic Softwares pvt ltd. You shall ensure that while making a Transaction, the Customer also accepts such terms and conditions. You understands that at time of the making the Transaction, the Customer shall be charged the full amount of the sale price; Kvmlogic Softwares pvt ltd shall send details of settled Transactions for conversion to EMI along with complete details, within 2 (two) Business Days from the date of Completion of Transaction. EMI transactions once submitted cannot be cancelled / reversed. In the event that you provide EMI options to the Customers, you shall endeavour to deliver the Product after the approval of the EMI option from the Issuing Institution providing the EMI option through Kvmlogic Softwares pvt ltd. Kvmlogic Softwares pvt ltd shall not be liable to you or the Customer for any dispute arising with respect to rejection of EMI option to a Customer after a Transaction has been confirmed, irrespective of the Settlement Amount being in the Nodal Bank or already transferred to the Merchant Bank Account. The Customer shall raise such dispute directly with the Issuing Institution.
You understand and acknowledge that all Transactions shall be converted to EMI transactions in offline mode. The Issuing Institution shall endeavor to convert all transactions approved by them to EMI within 5 (five) Business Days. You shall ensure that an EMI calculator is available on the Merchant Site in order to explain the EMI calculation to the Customer. You understand and acknowledge that the Issuing Institution may modify the terms of the EMI offering or withdraw the EMI Scheme completely at any time. Kvmlogic Softwares pvt ltd and the Acquiring Banks shall not be responsible to you or the Customer for any disputes arising due to non-conversion of a Transaction to EMI or informing you about rejection of EMI request by the Issuing Institution.
You shall dispatch/render the Products to the Customer only upon receipt of transaction confirmation from Kvmlogic Softwares pvt ltd. Kvmlogic Softwares pvt ltd shall give confirmation only upon receipt of transaction confirmation in respect of the Transaction from the Acquiring Bank. Kvmlogic Softwares pvt ltd shall not be responsible for any Transactions that have not been confirmed with Kvmlogic Softwares pvt ltd by the Acquiring Banks.
You shall ensure that it maintains Proof of Delivery with respect to each Transaction initiated through the Merchant Site for a period of at least one (1) year from the date of Delivery. Proof of Delivery shall be open for inspection by Kvmlogic Softwares pvt ltd and/or the Acquiring Banks at all times during working hours on Business Days. Notwithstanding any other Clause of this Agreement, you understand that Kvmlogic Softwares pvt ltd and/or the Acquiring Bank and/or Nodal Bank reserve the right to call for Proof of Delivery, at any time, before and/or after settlement of Settlement Amount to the Merchant’s Bank Account with respect to any Transaction. Kvmlogic Softwares pvt ltd and/or the Acquiring Banks have the right to reverse Customer Charge amount to the Customers and/or reject the Customer Charge to Merchant, if Proof of Delivery is not provided in accordance to this Agreement.
You shall deliver the Product within the Delivery Due Dates specified at the time of making the transaction on the Merchant Site. If you are unable to deliver the whole or any part of the Transaction within the Delivery Due Date, you shall forthwith inform the Customer and take immediate action to refund the Customer Charge in whole or in part as per the Customers instructions.
All risks associated with the Delivery shall be borne solely by you and not Kvmlogic Softwares pvt ltd. Any and all disputes regarding quality, merchantability, non- Delivery, delay in Delivery or otherwise shall be resolved directly between the Customer and you without making Kvmlogic Softwares pvt ltd and/or the respective Acquiring Bank a party to such disputes.
By accepting to use Kvmlogic Softwares pvt ltd Services, you agree to process returns of, and provide refunds and adjustments for, Products sold and/or payment collected through the Merchant Site in accordance with this Agreement, the Acquiring Banks’ instructions and Card Association Rules. You shall (a) maintain a fair refund, cancellation or adjustment policy; (b) disclose its return or cancellation policy to Buyers, (c) not give cash refunds to its Buyers in connection with a card sale, unless required by law, and (d) not accept cash or any other item of value for preparing a card sale refund.
The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the Customer for postage that the Customer paid to return merchandise. If the Customer accepts returns and makes an uneven exchange of Products (e.g., the sales price is not the same), you must issue a credit for the total amount of the Products being returned and the Users must complete a new sale for any new Products. Please be aware, that if your refund policy prohibits returns or is unsatisfactory to the Customer, you may still receive a chargeback relating to such sales.
All Customer service issues relating to the Transaction, Products sold on its Merchant Site including but not limited to Customer Charge, order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support and feedback concerning experiences with its personnels, policies or processes, are solely your responsibility. In performing Customer service, you will always present itself as a separate entity from Kvmlogic Softwares pvt ltd.
You shall provide Customer support during all Business Days. Such support shall include appropriate notice to Customers of means of contacting you including e-mail address and telephone number, in the event the Customer has questions/queries regarding the nature or quality of the Product and the procedures for resolving disputes. Under no circumstances shall Kvmlogic Softwares pvt ltd be responsible for customer support to the Customer or any third party.
We may, from time to time during the term, make or carry out risk assessments on you and/or the Transactions carried out on the Merchant Site (each a "Risk Assessment") which shall inter alia be for the following purposes:
verify that you are properly constituted and operate a bona fide business.
verify that you have sufficient safeguards in place to protect Customer's Data.
quantify and investigate the levels of fraud or your default relating to the Transactions and or
provide any other comfort that we (acting reasonably) may require in the context of its exposure under this Agreement and the agreements with the Acquiring Banks or Card Associations, and you shall provide all reasonable assistance and information to us with respect to such Risk Assessments
We may periodically obtain additional reports to determine whether you continue to meet the requirements of this Agreement. You agree that we are permitted to collect and share information about you and your application (including whether you are approved or declined), and your Kvmlogic Softwares pvt ltd Account with the Acquiring Banks, Card Associations, Issuing Institutions, other banks, financial institutions and governmental authorities. This includes sharing information (a) about your Transactions for regulatory or compliance purposes (including compliance with KYC), (b) for use in connection with the management and maintenance of the Service, (c) to create and update their customer records about you and to assist them in better serving you, and (d) to conduct Kvmlogic Softwares pvt ltd's risk management process.
If, at any time after we have made or carried out a Risk Assessment or it has been notified of an issue, we determine (acting reasonably) that you or circumstances relating to you represent a material credit risk or potentially increase our exposure under this Agreement, we may:
terminate this Agreement with immediate effect. and
defer the payments due to you for such period as we deem appropriate (acting reasonably) to address the credit risk or exposure and, where necessary, such amount (in whole or part) may be applied towards any amount owed by you to us under this Agreement.
If, at any time, we discover that a fraud has been committed you; or you have in connivance with any other person done any fraud or assisted in the same; or any transaction has been fraudulently initiated, we may report the same to any governmental and/or law enforcement authorities.
At any time and from time to time, we may request the Seller to provide us with an interest-free refundable security deposit to be held as the reserve (“Reserve”), to secure the performance of your payment obligations under this Agreement. The Seller agrees to provide such a security deposit as may be requested by us from time to time. We may temporarily suspend or delay Payments to you or request for a security deposit for any reason, including high chargeback risk, refunds, and non-payment of maintenance Fees or any other indications of performance problems related to your use of the Service. The security deposit will be in an amount as reasonably determined by us to cover anticipated chargebacks, returns, unshipped Products and/or unfulfilled services or credit risk based on your processing history and Risk Assessment or such amount designated by the Payment System Providers. The security deposit may be raised, reduced or removed at any time by us at our sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in our favor, or otherwise as we or the Payment System Providers may determine or require. If the Seller fails to provide us with a security deposit within five (5) days of receipt of the notice for the same, we will reserve the right to suspend and/or terminate the Seller’s Kvmlogic Softwares pvt ltd Account without further notice.
We may use this Reserve to deduct losses, costs, damages or chargeback, returns, penalties, etc suffered or incurred by the Buyers, us, and/or the Payment System Providers, inter alia, due to fraud, misconduct, negligence or deficiency of service or for any other reason. This will also include a deduction of any kind of outstanding Fees payable by the Seller to us.
We will refund this security deposit amount after 180 days of your last transaction date, at the time of closing your account, and for closing your account there should be not any outstanding or negative balance for your merchant account.
You shall maintain records of such periodical checks in such manner as may be specified by us and/or the Acquiring Banks. We and/or the Acquiring Banks shall be entitled to check and audit your records and statements to ensure compliance with your obligations under this Agreement at such intervals or times as we and/or the Acquiring Banks may deem fit. We and/or the Acquiring Banks may also inspect your business location. If you refuse such inspection, your Kvmlogic Softwares pvt ltd Account may be terminated. We reserve the right to suspend or terminate the Kvmlogic Softwares pvt ltd Account of any user who provides inaccurate, untrue, or incomplete information, or fails to comply with the Kvmlogic Softwares pvt ltd Account registration requirements. If you refuse such inspection or provides inaccurate, untrue, or incomplete information, or fails to comply with the terms and conditions of this Agreement, we reserve the right to suspend or terminate the Kvmlogic Softwares pvt ltd Services forthwith.
You hereby declare, assure, undertake and covenant as under:
You shall duly fulfill all Transactions placed on the Merchant Site in accordance with the terms and conditions on the Merchant Site and instructions of the Customer. You undertake to ensure that the Delivery is done as per specifications of the Customer on or before the Delivery Due Date.
You will not offer out of stock Products for sale. You shall be solely liable for quality and efficiency and merchantability of the Products. Further the rates displayed on the Merchant Site shall include all applicable taxes.
You shall comply with all applicable laws, rules and regulations in offering the Products or collecting Payments on its Merchant Site. You shall ensure that all requisite approvals, licenses and registrations, etc. in accordance with all laws, rules, regulations, guidelines in force in India from time to time, have been obtained and are kept in full force and effect to enable you to offer the Products for sale. You shall not conduct any business through the Kvmlogic Softwares pvt ltd Services or offer Products thereof in violation of any law or legal requirement of any applicable jurisdiction and shall keep Kvmlogic Softwares pvt ltd fully indemnified for all times to come in this regard.
You shall not offer any Products, which are illegal or offensive or banned as per the list provided in Schedule A and/or are not in compliance with applicable laws, rules and regulations whether central, state, local or international of all jurisdiction from where the Customers avail the Products. In addition, you shall comply with and shall ensure compliance by the Customers with all applicable guidelines, rules, regulations issued by RBI and guidelines set by Kvmlogic Softwares pvt ltd, Acquiring Banks and/or Card Associations. You agree and understand that Kvmlogic Softwares pvt ltd reserves the right to suspend Settlement Amount and/or Kvmlogic Softwares pvt ltd Services to you until such time that you do not discontinue selling such banned/illegal Products or does not conform to all applicable laws and regulations in force from time to time. In addition, Kvmlogic Softwares pvt ltd reserves the right to terminate this Agreement without further notice in the case of breach of this Clause.
You shall ensure that appropriate cancellation policy, refund policy, privacy policies, disclosures/disclaimers, terms of use pertaining to the Merchant Site, the terms of the Products provided by you and terms of paying the Customer Charge are displayed conspicuously on the Merchant Site in accordance with the terms of this Agreement (collectively “Merchant Terms and Conditions”). You shall prior to accepting any instructions from the Customers ensure that the Customers accepts all the Merchant Terms and Conditions. Kvmlogic Softwares pvt ltd reserves the right to inspect the Merchant Terms and Conditions at any times.
In the event that you provide One Click Checkout option to its Customers and the Customer opt for One Click Checkout, you understand that Kvmlogic Softwares pvt ltd shall store the Valid Card data of the Customers on its server.
In the event that you have obtained a PCI DSS certification and opts for a One Click Checkout API, you shall be responsible to ensure that all Customer Valid Card data shared with you is kept safe and not shared with any third party without the consent of Kvmlogic Softwares pvt ltd and the Customer. You shall ensure that there is no unauthorized use or disclosure of such data or any hacking of the same. You accept all liabilities with respect to such Customer Valid Card data and shall keep Kvmlogic Softwares pvt ltd indemnified in case of any breach of this Clause. In addition, in the event that you call the One Click Checkout API for the wrong Customers Valid Card data or the Customer’s account with you is compromised, you shall be fully liable for all transactions processed and Kvmlogic Softwares pvt ltd shall have no liability towards the Customers or you. Further, you shall also have in place a privacy policy for handling or dealing with the Customer’s personal information including all Customer Valid Card data, and such policy should be available to the Customers and be published on the Merchant Site.
You shall have the marketable and legal right and title to sell Products offered by it to the Customers by using Kvmlogic Softwares pvt ltd Services.
In the event any Customer complaints or is dissatisfied with any Product, you shall take such measures as may be required to resolve the same at its sole cost and expenses.
You shall ensure that the best service standards in the industry are adopted and shall ensure Delivery of all Products paid for on the Merchant Site to Customers in accordance with the highest standards.
You agree to put up such notices, disclaimers or warranties as may be required by Kvmlogic Softwares pvt ltd and/or the Acquiring Bank and you shall comply with such request forthwith.
You shall be solely responsible for the accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the Products, which are offered on its Merchant Site.
You hereby agree that it shall bear and be responsible for the payment of all relevant taxes, surcharge, levies etc. (including withholding taxes) in relation to the Customer Charge and Kvmlogic Softwares pvt ltd Services provided under this Agreement.
As you will be using the Acquiring Banks Services and Card Association Services, you shall comply with all applicable rules, guidelines, instructions, requests and actions, etc. made by the Acquiring Banks and/or Card Associations from time to time. The Acquiring Banks has the right to reverse/reject settlement, suspend and/or terminate Acquiring Banks Services/Kvmlogic Softwares pvt ltd Services, make inspections or inquiries in relation to the Transaction, etc. You understand that the Acquiring Banks and Card Association Rules form a part of this Agreement. In the event that your non-compliance of Acquiring Banks and/or Card Association Rules, results in any fines, penalties or other amounts being levied on or demanded of Kvmlogic Softwares pvt ltd by an Acquiring Bank and/or Card Association, then without prejudice to Kvmlogic Softwares pvt ltd’s other rights hereunder, you shall forthwith indemnify Kvmlogic Softwares pvt ltd in an amount equal to the fines, penalties or other amount so levied or demanded. If you fail to comply with its obligations towards the Acquiring Banks and/or Card Associations, Kvmlogic Softwares pvt ltd may suspend settlement or suspend/terminate the Kvmlogic Softwares pvt ltd Services forthwith.
In the event that you opt for Kvmlogic Softwares pvt ltd Services, you agree and understand that you and your Customers shall be bound by the Kvmlogic Softwares pvt ltd terms and conditions at https:// Kvmlogic Softwares pvt ltd.com). You shall ensure that you and all your Customers comply with the Kvmlogic Softwares pvt ltd terms and conditions.
You will not engage in any activity with the Mobile SDK, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, Kvmlogic Softwares pvt ltd or any Acquiring Bank.
You shall not require the Customer to provide you with any details of the accounts held by it with Issuing Institution. You shall not input any data on behalf of the Customers on the Merchant Site or the Acquiring Bank, failing which it will be considered as breach of trust of Kvmlogic Softwares pvt ltd and/or of the Acquiring Bank.
You shall ensure to keep confidential, all information submitted by the Customers on the Merchant Site. The Customer shall not be required or asked to disclose any confidential or personal data, which may be prejudicial to interests of the Customer. You shall use the Customer data only for the purpose of completing the Transaction for which it was furnished, and shall not sell or otherwise furnish such information to any third party. You shall be liable to comply with existing data privacy regulations from time to time.
You shall in writing inform Kvmlogic Softwares pvt ltd of all changes in its constitution, directors/partners/trustees, or change in the current addresses of each office, within seven (7) Business Days of such change having taken place listing out the names and details of the personnel in charge of your management and affairs. Such intimation shall be provided on your letterhead signed by your authorized signatory.
You shall not engage in activities that harm the business and/or brand of Kvmlogic Softwares pvt ltd, the Acquiring Banks and/or card associations.
You must indicate its acceptance of all the respective Acquiring Banks and/or Card Associations, whose Payment Mechanism is being used by you, whenever it communicates the payment methods it accepts to its Customers without prejudice to anyone of the Acquiring Banks and/or Card Associations. In the event that you decide to display the logos of the Acquiring Banks and/or Card Associations whose Payment Mechanism it is providing as a Valid Card payment option to its Customers on the Merchant Site and/or other marketing materials, you must ensure that it prominently displays the logos of all the respective Acquiring Banks and/or Card Associations (being used to process Valid Cards) in the same manner and without prejudice to any one of them and in accordance with the guidelines and/or direction provided by the respective Acquiring Banks and/or Card Associations. In addition, you shall not promote, dissuade or impose restrictions/conditions on any one Valid Card Payment Mechanism and/or Card Association over the other. Exceptions being limited time bound tactical marketing programs with one or more Acquiring Banks and/or Card Associations.
You shall be responsible to resolve all cardholder/customer account holder disputes and provide whatever assistance necessary to assist the Acquiring Banks, Card Associations and Kvmlogic Softwares pvt ltd deal with all cardholder/Customer Account holder disputes at its own cost.
You authorize Kvmlogic Softwares pvt ltd to share Transaction data and Customer information with the respective Acquiring Banks and Card Associations.
You shall maintain and run the Merchant Site as a part of its business and shall ensure that the Merchant Site does not contain libelous, defamatory, obscene, pornographic or profane material or any instructions that may cause harm to Kvmlogic Softwares pvt ltd, the Acquiring Banks, Card Associations and/or any other third party.
You agree that Kvmlogic Softwares pvt ltd reserves a right to suspend the payment and/or Kvmlogic Softwares pvt ltd Services provided herein, forthwith, in event you fail to observe the terms and conditions herein.
Your privacy is very important to us. Upon acceptance of this Agreement you confirm that you have read, understood and accepted our Privacy Policy. By using our Service, you may receive information about Customers. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the Customer.
You agree that Kvmlogic Softwares pvt ltd can provide disclosures and notices required by law and other information about your Kvmlogic Softwares pvt ltd Account to you electronically by posting it on our website, or by e-mailing it to the email address provided by you at the time of registration. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered.
This Agreement may be terminated by either Party by giving 30 (thirty) days prior written notice to the other Party.
Either Party may terminate this Agreement forthwith in the event:
the Party discovers at any stage that the other Party is in violation of any law or regulation.
the other Party is adjudicated as bankrupt, or if a receiver or as a trustee is appointed for it or for a substantial portion of its assets, or if any assignment for the benefit of its creditors is made and such adjudication appointment or assignment is not set aside within 90 (ninety) Business Days.
the other Party goes into liquidation either voluntarily or compulsorily.
the other Party is prohibited by any regulatory or statutory restriction from continuing to provide services under this Agreement.
Kvmlogic Softwares pvt ltd shall terminate this Agreement forthwith, if the Merchant fails to perform its obligations hereunder or is in breach of any terms and conditions of this Agreement. The termination under this Clause is in addition to and without prejudice to the termination rights which Kvmlogic Softwares pvt ltd may have under any other Clause in this Agreement.
The termination of this Agreement shall not affect the rights or liabilities of either Party incurred prior to such termination. In addition, any act performed during the term of this Agreement which may result in a dispute post termination or any provision expressed to survive this Agreement or to be effective on termination or the obligations set out in this Clause shall remain in full force and effect notwithstanding termination. Subject to other Clauses of this Agreement, both Parties shall undertake to settle all outstanding charges within 30 (thirty) days of the termination taking effect.
Where any payments claimed by Kvmlogic Softwares pvt ltd exceeds the Settlement Amount due to you the difference thereof shall be a debt due from you to Kvmlogic Softwares pvt ltd and be forthwith recoverable by appropriate legal action, as deemed fit by Kvmlogic Softwares pvt ltd. Without prejudice to Kvmlogic Softwares pvt ltd’s rights and remedies, in the event that you do not make any payments to Kvmlogic Softwares pvt ltd by its due date or on demand as required under this Agreement, Kvmlogic Softwares pvt ltd shall be entitled to charge daily compounded interest on such overdue amount from the due date until the date of Settlement Amount in full, at the rate of 2.5% per month. This section shall not preclude Kvmlogic Softwares pvt ltd from recourse to any other remedies available to it under any statute or otherwise, at law or in equity.
All materials, documentation, instruction manuals, guidelines, letters and writings and other materials issued by Kvmlogic Softwares pvt ltd from time to time in respect of this Agreement, whether in respect of the utilization of the Internet Payment Gateway or otherwise shall be returned by you to Kvmlogic Softwares pvt ltd upon termination.
You agree and confirm that you shall remain solely liable after the termination of this Agreement for all Chargebacks, refunds, penalties, loss, damages or cost incurred by Kvmlogic Softwares pvt ltd, Acquiring Banks, Card Associations and/or Customers and for all claims and proceedings arising against Kvmlogic Softwares pvt ltd and/or Acquiring Banks with respect to this Agreement. At the time of termination, Kvmlogic Softwares pvt ltd may retain such amount from the Reserve (if any) and Settlement Amount payable to you (including Settlement Amounts withheld) as may be determined by Kvmlogic Softwares pvt ltd to cover chargeback risk, refund risk or any potential loss, damages, penalties, cost that may be incurred by Kvmlogic Softwares pvt ltd, Acquiring Banks, Card Associations and/or Customers for a period of 210 Business Days. Subject to this Clause and any other Clause of this Agreement, all settlement to you after notice of termination shall be done post termination. In the event that such retained amount is not sufficient to cover all Outstanding Amounts owed by you post termination, you shall ensure that it pays Kvmlogic Softwares pvt ltd all pending amounts within 10 (ten) days of receiving the demand notice and shall at all times keep Kvmlogic Softwares pvt ltd indemnified in this respect. This Clause survives the termination of this Agreement.
The Customerassures, undertakes and guarantees that the following products and services shall not be sold on the Customer’s Website and / or no transactions shall be processed through the Payment Gateway Facilities herein by Kvmlogic Softwares pvt ltd for following Products and Services:
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.
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.
Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.
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, websites, 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 that 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, 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.
obacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
Traffic devices, which includes radar detectors/hammers, 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.
Multi-Level marketing collection fees.
Matrix sites or sites using a matrix scheme approach.
Work-at-home information.
Any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the all laws of India.
You represent and warrant to us that:
you are at least 18 (eighteen) years of age.
you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement.
the name identified by you when you registered is your name or business name under which you sell the Products.
you are duly organized and validly existing under the laws of the jurisdiction in which you are established.
your obligations hereunder constitute legal, valid, binding and enforceable obligations.
the execution and delivery of this Agreement and the consummation of the Transactions contemplated herein do not breach its organisational documents or any law, provisions of any contract or order of court applicable to it and do not require any applicable governmental approval.
any sales Transaction submitted by you will represent a bona fide sale by you.
any sales Transactions submitted by you will accurately describe the Products sold and delivered to Customers.
you will fulfil all of your obligations to each Customer for which you submit a Transaction and will resolve any consumer dispute or complaint directly with the Customers.
except in the ordinary course of business, no sales Transaction submitted by you through the Services will represent a sale to any principal, partner, proprietor, or owner of your entity.
you will not use Kvmlogic Softwares pvt ltd Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of Kvmlogic Softwares pvt ltd Services.
your use of Kvmlogic Softwares pvt ltd Services will be in compliance with this Agreement.
We grant you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense or assign, to electronically access and use Kvmlogic Softwares pvt ltd Services solely to :
receive and accept or make Payments, and
manage the funds you so receive or paid
You will be entitled to download updates to Kvmlogic Softwares pvt ltd Services, subject to any additional terms made known to you at the time, when we makes these updates available. We will use reasonable endeavours to give you prior notice of any down-time in relation to Kvmlogic Softwares pvt ltd Services as a result of updates or preventative or reactive maintenance of our Services. You also acknowledge that the arrangement between one or more Acquiring Banks and us may terminate at any time and services by such Acquiring Banks may be withdrawn.
While we want you to enjoy Kvmlogic Softwares pvt ltd Services, you may not, permit any third party to do any of the following:
access or monitor any material or information on any Kvmlogic Softwares pvt ltd system using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with us referencing this Clause that expressly grants you an exception to this prohibition.
access or monitor any material or information on any Kvmlogic Softwares pvt ltd system using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with us referencing this Clause that expressly grants you an exception to this prohibition.
copy, reproduce, alter, modify, dismantle, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from Kvmlogic Softwares pvt ltd.
permit any third party to use and benefit from Kvmlogic Softwares pvt ltd Services via a rental, lease, timesharing, service bureau or other arrangement.
transfer any rights granted to you under this Agreement.
violate the restrictions in any robot exclusion headers on Kvmlogic Softwares pvt ltd Services, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble, decode or attempt to decode or reverse engineer the Services or to in any way override or break down any protection system integrated into the Services.
perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other users, or impose an unreasonable or disproportionately large load on our infrastructure.
create a derivative software program. or
otherwise use the Services except as expressly allowed under this Agreement.
You hereby grant to Kvmlogic Softwares pvt ltd to use, display and reproduce its name, brand name, logo, wordmark, trademark, service marks (“Marks”) on a non- exclusive, royalty-free basis, solely in connection with the sales, marketing and advertising Kvmlogic Softwares pvt ltd Services provided to you to the public. You hereby release Kvmlogic Softwares pvt ltd from all liability relating to the publication or use of the Marks for such purpose. You hereby confirms that you have the requisite right to use the said Marks and to grant permission to use as stated herein. You shall retain all intellectual property rights in such marks. You shall prominently display on its website and/or in other online marketing materials, a statement/logo/marks/image provided by Kvmlogic Softwares pvt ltd relating to Kvmlogic Softwares pvt ltd Services and that of the respective Acquiring Banks providing the Payment Mechanism. You must only use the logos/marks/images provided by Kvmlogic Softwares pvt ltd and no other.
Nothing contained herein shall authorize the Parties to use, apply, invade or in any manner exploit or infringe the intellectual property rights of the other Parties without prior written consent of the other Party, and the usage shall be in compliance with this Agreement and such approval and policies as may be notified from time to time. In addition, the Parties undertake not to infringe the intellectual property rights of any third party.
You undertakes not to infringe the intellectual property rights of Acquiring Banks and/or Kvmlogic Softwares pvt ltd respectively, whether directly or indirectly through any third party in the Acquiring Banks Services and software and/or Kvmlogic Softwares pvt ltd Services and Software Application. You warrant that it shall only use the Kvmlogic Softwares pvt ltd’s Software Application and the Acquiring Banks software for the purposes of this Agreement. You fully understand that due to use of the Customer of the Internet Payment Gateway through Kvmlogic Softwares pvt ltd Site, Kvmlogic Softwares pvt ltd may create or generate database in respect of such Customers. All rights and ownership with respect to such database shall vest with Kvmlogic Softwares pvt ltd.
Subject to the terms of this Agreement, Kvmlogic Softwares pvt ltd grants you a limited, royalty bearing, non-assignable and non-exclusive license to use the Mobile SDK solely for purpose of integrating the Mobile SDK with the Upgraded Mobile Application.
Each time Kvmlogic Softwares pvt ltd provides you an updated Mobile SDK, you shall integrate Mobile Application with the updated Mobile SDK.
Kvmlogic Softwares pvt ltd owns all legal rights, title and interest in and to the Mobile SDK, including any Intellectual Property Rights that subsist in the Mobile SDK. Kvmlogic Softwares pvt ltd reserves all rights not expressly granted to you.
You shall not take any actions that may cause or result in the fragmentation of the Mobile SDK, including but not limited to distributing, participating in the creation of, or promoting in any way a software development kit derived from the Mobile SDK.
Subject to the express License granted in this Agreement, Kvmlogic Softwares pvt ltd will retain exclusive right, title and interest in and to the Mobile SDK, and all Intellectual Property Rights subsisting therein. There are no implied licenses under this Agreement, and all rights not expressly granted hereunder are reserved. It is further agreed that you shall not license or assign or offer for sale any software application developed using the Mobile SDK to a third party.
You will not delete or in any manner alter any proprietary rights notices, codes etc. that may be affixed to, embedded in or contained within the Mobile SDK delivered to it.
The Parties agree to maintain the confidentiality of the Confidential Information and to protect all portions of the other Party's Confidential Information by preventing any unauthorized disclosure, copying, use, distribution, or transfer of possession of such information. Dissemination of Confidential Information by each Party shall be limited to those employees with the need to such access for the advancement of the goals anticipated under this Agreement.
The Parties shall at no time disclose or allow its officers, directors, employees, representatives or subcontractors to disclose the other Party's Confidential Information to any third party without the prior written consent of the other Party. The Parties agree to protect the Confidential Information of the other with the same standard of care and procedures used by themselves to protect their own Confidential Information of similar importance but at all times using at least a reasonable degree of care.
The obligations set out in this Clause shall not apply to Confidential Information that:
is or becomes publicly known other than through breach of this Clause.
is in possession of the receiving Party prior to disclosure by the other Party.
is independently developed by the receiving Party.
needs to be disclosed to professional advisers or in accordance with the order of a competent court or administrative authority.
is thereafter rightfully furnished to such receiving Party by a third party without restriction by that third party on disclosure. or
is required by law, judicial court, recognized stock exchange, government department or agency or other regulatory authority, provided that sufficient notice is given of any such requirement, by the receiving Party to the disclosing Party, in order that the disclosing Party may seek for an appropriate protective order or exemption from such requirement, prior to any disclosure being made by the receiving Party and/or its Affiliates.
Such obligation of confidentiality shall continue for a period of 1 (one) year after the termination or expiry of this Agreement.
You undertake and agree to indemnify, defend and hold harmless Kvmlogic Softwares pvt ltd and/or the Acquiring Banks including their officers, directors and agents from and against all actions, proceedings, claims (including third party claims), liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly, including but not limited to, as a result of:
breach or non-performance by you of any of your undertakings, warranties, covenants, declarations or obligations under this Agreement.
breach of confidentiality and intellectual property rights obligations by you.
any claim or proceeding brought by the Customer or any third party against Kvmlogic Softwares pvt ltd and/or the Acquiring Banks in respect of any Products or Services offered by you.
any claim or proceeding brought by the Customer or any third party against Kvmlogic Softwares pvt ltd and/or the Acquiring Banks in respect of Kvmlogic Softwares pvt ltd Services.
any act, deed, negligence, omission, misrepresentation, default, misconduct, non-performance or fraud by you, your employees, contractors, agents, Customers or any third party.
any hacking or lapse in security of the Merchant Site or the Customer data.
Chargebacks or refunds relating to the Transactions contemplated under this Agreement.
breach of law, rules regulations, legal requirements (including RBI regulations, Card Association Rules, Acquiring Bank rules) in force in India and/or in any place from where the Customers is making the Transaction and/or where the Product is or to be Delivered and/or where the respective Issuing Institution is incorporated, registered or established. or
any fines, penalties or interest imposed directly or indirectly on Kvmlogic Softwares pvt ltd on account of your default or Transactions conducted through Merchant Site under these Terms and Conditions.
The indemnities under this Clause are in addition to and without prejudice to the indemnities given elsewhere in this Agreement. The indemnities provided herein shall survive the termination of this Agreement.
Notwithstanding anything stated under this Agreement, the aggregate liability of Kvmlogic Softwares pvt ltd to you from any cause whatsoever shall not in any event exceed the sum equivalent to the preceding one month’s aggregate TDR revenue margin earned by Kvmlogic Softwares pvt ltd under this Agreement from the date of occurrence of such liability. Provided that Kvmlogic Softwares pvt ltd shall not be liable to you for any special, incidental, indirect or consequential damages, damages from loss of profits or business opportunities even if you have been advised in advance of the possibility of such loss, cost or damages. In no event shall Kvmlogic Softwares pvt ltd be liable to the Customers or any third party. In no event shall the Nodal Bank or the Acquiring Bank be liable to you in any way under this Agreement.
Kvmlogic Softwares pvt ltd may assign, in whole or in part, the benefits or obligations of this Agreement to its associates or affiliates of other group company, pursuant to a restructuring or re-organization or demerger of its organization or operations. Kvmlogic Softwares pvt ltd shall provide thirty (30) days prior intimation of such assignment to you, which shall be binding on the Parties to this Agreement.
Kvmlogic Softwares pvt ltd shall not be liable for its failure to perform under this Agreement as a result of any event of force majeure events like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of Kvmlogic Softwares pvt ltd or the Acquiring Banks.
This Agreement (and any dispute or claim relating to it, its enforceability or its termination) is to be governed by and construed in accordance with the laws of India. Each of the Parties agrees that, if any dispute(s) or difference(s) shall arise between the Parties in connection with or arising out of this Agreement, the Parties shall attempt, for a period of 30 (thirty) days from the receipt of a notice from the other Party of the existence of a dispute(s), to settle such dispute(s) by mutual discussions between the Parties. If the said dispute(s) cannot be settled by mutual discussions within the thirty-day period provided above, either Party may refer the matter to a sole arbitrator to be mutually appointed in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held under the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in English language at Bhavnagar. The courts at Bhavnagar shall have the exclusive jurisdiction over any disputes relating to the subject matter of this Agreement.
Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
The terms and provisions of this Agreement that by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive the completion and termination of this Agreement.
If any provision(s) of the Agreement is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
This Agreement constitutes the entire Agreement and understanding between the Parties, and supersedes any previous agreement or understanding or promise between the Parties, relating to the subject matter of this Agreement. All Schedules, Recitals and Annexure to this Agreement shall be an integral part of this Agreement and will be in full force and effect as though they were expressly set out in the body of this Agreement.
All notices, requests, demands, waivers and other communications required or permitted to be given under the Agreement shall be in writing through certified or registered mail, courier, email, facsimile or telegram to be sent to the following addresses:
Any complaints or concerns regarding your Personal Information or the content of this Website, or any dispute or breach of confidentiality, or any proprietary rights of User during use of the Website, or any intellectual property of any User, should be immediately reported in writing to the Grievance cum Nodal Officer at the co-ordinates listed below, or by raising a grievance ticket via the hyperlink listed below:
Kvmlogic Softwares pvt ltd.
N N L ROAD ,OPP- PAIGA, MAHENDRAGARH, HARYANA 123029
E-mail:info@kvmpay.com
All such notices, requests, demands, waivers and other communications shall be deemed duly given
if by personal delivery, on the day after such delivery,
if by certified or registered mail, on the10th (tenth) day after the mailing thereof,
if by courier service or similar service, on the day delivered, or
if by email, facsimile or telegram, on the day following the day on which such email, facsimile or telegram was sent, provided that a copy is also sent by registered mail and, in the case of a facsimile, electronic confirmation of receipt is received.
This Agreement shall not be varied, amended or modified by any of the Parties in any manner whatsoever unless such variation, amendment or modification is mutually discussed and agreed to in writing and duly executed by both the Parties.
This Agreement may be executed in two or more counterparts, each of which, when executed and delivered, is an original, but all the counterparts taken together shall constitute one document.
This privacy policy (the "PRIVACY POLICY") applies to your use of the (Refereed as Kvmlogic Softwares pvt ltd ( kvmpay) ) website hosted at www.kvmpay.com, the Services (as defined in the Kvmlogic Softwares pvt ltd ( kvmpay) "Terms of Use"), and Kvmlogic Softwares pvt ltd ( kvmpay) applications on mobile platforms (Android, Blackberry, Windows Phone, iOS, etc.) (collectively "Kvmlogic Softwares pvt ltd" or "WEBSITE"), but does not apply to any third party websites linked to them. The terms "WE," "OUR," and "US" refer to Kvmlogic Softwares pvt ltd ( kvmpay) , while "YOU," "YOUR," and "USER" refer to you, as a Kvmlogic Softwares pvt ltd ( kvmpay) user. The term "PERSONAL INFORMATION" refers to information that you provide to us that allows you to be contacted or identified personally, such as your name, phone number, email address, and any other data that is linked to such information. Our practises and procedures for collecting and using Personal Information are outlined below in order to ensure your safe use of the Website. We have put in place reasonable security practices and procedures that are appropriate for the information assets we are protecting and the nature of our business. While we strive to provide security that exceeds industry standards, due to the inherent vulnerabilities of the internet, we cannot guarantee or warrant the complete security of all information transmitted to us by you. By visiting this Website, you agree and acknowledge that you are bound by this Privacy Policy and that we may collect, use, process, and share your Personal Information in the manner described below. Do not use the Website if you do not agree with these terms. It is clarified that the separate terms and conditions form an integral part of your use of this Website and should be read in conjunction with this Privacy Policy.
Your Personal Information is collected, received, and stored by us. If you provide us with your third-party account credentials ("THIRD PARTY ACCOUNT INFORMATION"), you acknowledge that some content and information in those accounts may be transmitted to your account with us if you authorise such transmissions, and that Third Party Account Information transmitted to us is covered by this Privacy Policy. You may choose not to provide us with certain information, but doing so will prevent you from registering with us or using some of our features and services. We make commercially reasonable efforts to limit the collection of Personal Information to that which is required to fulfil the purposes listed below. If we use or intend to use your information for a purpose other than the one for which it was collected, we will seek your permission first. The Personal Information collected will be used solely to enable you to use our services, to help promote a safe service, calibrate consumer interest in our products and services, inform you about online offers and updates, troubleshoot problems, customise User experience, detect and protect us against error, fraud, and other criminal activity, collect money, enforce our terms and conditions, and as otherwise described to you at the time of collection.
We ask for and record Personal Information such as your name, email address, and mobile number when you create an account to take advantage of the full range of services offered by Kvmlogic Softwares pvt ltd ( kvmpay) . We may collect and store your Sensitive Personal Data or Information (such as any financial information, including credit card and debit card details, bank account and know your customer ("KYC") documents as per RBI regulations, and any other information as may be applicable) that the User may choose to save in the Kvmlogic Softwares pvt ltd ( kvmpay) User account. We use your email address to send you updates, news, and newsletters (if you choose to subscribe to the newsletter during signup or later) and to contact you on behalf of other Users (such other Users who send you friend requests, personal messages, or other social collaboration based events). If you do not want to receive communications from us that are not relevant to you or your use of our services, please click the unsubscribe link at the bottom of such e-mails. We use your mobile phone number to send you transaction and SMS alerts based on your preferences. If you do not want to receive such SMSs from us, please notify us and we will stop sending you SMSs. Kvmlogic Softwares pvt ltd ( kvmpay) guarantees that your Personal Information will not be made public or sold to third parties.Any information provided by the User, including Personal Information, shall be erased at the User's discretion. If a User chooses the erasure option, Kvmlogic Softwares pvt ltd ( kvmpay) will delete all of the User's stored information from its servers. We also keep records of customers who use Kvmlogic Softwares pvt ltd ( kvmpay) to make payments. However, only when a customer chooses to share information on businesses powered by Kvmlogic Softwares pvt ltd ( kvmpay) applications do we share that information with the respective businesses. However, Kvmlogic Softwares pvt ltd ( kvmpay) is not liable in any way for any misuse of this information by the business or people associated with the business to whom the customer shares the information.
Keep up to date: We are required to provide 'fair processing information' on how your personal data will typically be used. This declaration is being used for this purpose.
Access: You have the right to obtain confirmation as to whether personal data about you is being processed, where it is being processed, and for what purpose. This declaration is being used for this purpose.
Rectification : If your personal data is inaccurate or incomplete, you have the right to have it corrected.
Process Restrictions : Request that your personal information be deleted.Stop further dissemination of the data and possibly have third parties stop processing the data
The portability of Data : You have the right to access and reuse their personal information. It enables you to easily move, copy, or transfer your personal data from one IT environment to another in a safe and secure manner, without interfering with usability.
Object : You have the right to object to the use of your personally identifiable information for direct marketing purposes.
Profiling & Automated Deletion Marking : In our profiling activities, we use anonymized data.
If you contact us to provide feedback, register a complaint, or ask a question, we will record any Personal Information and other content you provide in your communication so that we can respond to your communication effectively.
We collect information about your Kvmlogic Softwares pvt ltd ( kvmpay) usage, such as the searches you conduct, the pages you view, your browser type, IP address, location, requested URL, referring URL, and timestamp data. We use this information to administer Kvmlogic Softwares pvt ltd ( kvmpay) and provide you with the highest level of security and service possible. We also use this information in aggregate to perform statistical analyses of User behaviour and characteristics in order to gauge interest in and use of Kvmlogic Softwares pvt ltd ( kvmpay) 's various areas. This aggregate information, however, cannot be used to identify you. We own all intellectual property rights to the Website and its contents. As a result of any such downloading or copying, no right, title, or interest in the downloaded material is transferred to you. According to applicable law, the Website is protected by copyright as a collective work and/or compilation (meaning the collection, arrangement, and assembly) of all the content on this Website. We own all of our logos, product and service marks and/or names, trademarks, copyrights, and other intellectual property, whether registered or not ("OUR IP"). You agree not to display or use Our IP in any way without our prior written permission. Without our express written permission, nothing on this Website or its content should be construed as granting the User any licence, right, or interest in and/or to Our IP.
Cookies are sent to your computer in order for us to uniquely identify your browser and improve the quality of our service. Cookies are small pieces of information that a website sends to your computer's hard drive while you are browsing the site. We may use session cookies (which expire when you close your browser) as well as persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following the instructions in your browser's help file.If you disable cookies, some parts of Kvmlogic Softwares pvt ltd ( kvmpay) may not function properly or at all. Kvmlogic Softwares pvt ltd ( kvmpay) employs third-party tools that may collect anonymous information about your Kvmlogic Softwares pvt ltd ( kvmpay) visits and interactions with Kvmlogic Softwares pvt ltd ( kvmpay) products and services via cookies. These third parties may also use information about your visits to Kvmlogic Softwares pvt ltd ( kvmpay) products and services as well as other websites to target advertisements for Kvmlogic Softwares pvt ltd ( kvmpay) products and services.This process does not collect or use any personally identifiable information. These third parties do not know or have access to Kvmlogic Softwares pvt ltd ( kvmpay) 's Users' names, phone numbers, addresses, email addresses, or any other Personal Information. Kvmlogic Softwares pvt ltd ( kvmpay) users can opt out of sharing this information with third parties by deactivating cookies, which varies by browser. Please consult your browser's help file to learn how to deactivate cookies on your browser.
We may use the information we collect as a result of your Kvmlogic Softwares pvt ltd ( kvmpay) use (including your Personal Information) to investigate, enforce, and apply our terms and conditions and Privacy Policy.
We do not share your Personal Information with any third party other than financial institutions such as banks, RBI, or other regulatory agencies (as required) and to provide you with services offered by Kvmlogic Softwares pvt ltd ( kvmpay) , conduct quality assurance testing, facilitate account creation, provide technical and customer support, or provide specific services, such as synchronisation of your contacts with other software applications, in accordance with your instructions. These third parties are not permitted to use your Personal Information for any purpose other than providing the services you have requested. We may disclose your Personal Information to third parties if we believe in good faith that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our terms and conditions and Privacy Policy; (c) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (d) protect our rights, reputation, and property, or the rights, reputation, and property of our Users, Affiliates, or the public. Please keep in mind that we are under no obligation to question or contest the legality of any search warrant, subpoena, or other similar governmental request that we receive. We may disclose aggregate information about User behaviour to third parties in connection with actual or prospective business relationships with those third parties, such as advertisers and content distributors. We may, for example, reveal the number of Users who have been exposed to or clicked on advertising banners.
Any references on this Website to third-party names, marks, products, or services, or hyperlinks to third-party websites or information, are provided solely for your convenience and do not constitute or imply our endorsement, sponsorship, or recommendation of the third-party, information, product, or service. We do not share your Personal Information with those third parties, except as stated herein, and are not responsible for their privacy practises. We recommend that you read the privacy policies on all third-party websites.
Your password is the only way to access your account. We use industry-standard security measures to safeguard the Personal Information stored in our database. We restrict access to your Personal Information to employees and contractors who require it to perform their job functions, such as our customer service representatives. If you have any questions about Kvmlogic Softwares pvt ltd ( kvmpay) 's security, please email us at You hereby acknowledge that Kvmlogic Softwares pvt ltd ( kvmpay) is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the unauthorised use of intercepted information.
Our Privacy Policy is subject to change without notice at any time. Please review this policy on a regular basis to ensure you are aware of any changes. These changes will take effect immediately for Kvmlogic Softwares pvt ltd ( kvmpay) users. Please keep in mind that you are always responsible for updating your Personal Information, including providing us with your most recent e-mail address. If you do not want us to change how we use your Personal Information, you must notify us as soon as possible that you want to deactivate your account with us. Continued use of Kvmlogic Softwares pvt ltd ( kvmpay) following any change/amendment to this Privacy Policy indicates your acceptance of such changes and agreement to be bound by the terms and conditions of such changes.
The laws of India will govern and be construed in relation to your use of this Website. Users agree that any legal action or proceedings arising out of their use will be brought solely in the competent courts/tribunals with jurisdiction in Delhi, India, and irrevocably submit to the jurisdiction of such courts/tribunals.
E-mail:support@kvmpay.com
A chargeback shall mean a transaction that is uncollectible and returned to service provider / Kvmlogic Softwares pvt ltd by user / payee or acquiring bank for a refund to the concerned payer / user due to any of the following reasons:
Any payment which the user / payer refuses to honour or demands a refund of because the products purchased or the delivery thereof, was not as promised or was defective, deficient, incomplete and / or unsatisfactory for any reason whatsoever, or that payment for the same has already been made.
Any payments by a user / payer using the services, which is returned by the acquiring bank for any reason whatsoever.
Any charge / debit arising out of any alleged hacking breach of security or encryption that may be utilized by service provider / Kvmlogic Softwares pvt ltd / payee from time to time.
Any transaction that is unsuccessful.
As a result of the rapid nature of movements of funds, once a payment has been initiated through the services, it may not be possible to retract the same using the services. If user wishes to attempt to chargeback/ retract a payment, he must notify his bank and Kvmlogic Softwares pvt ltd immediately and provide all required information. Kvmlogic Softwares pvt ltd cannot however guarantee that the payment will be retracted. It may be possible to charged back / retract a payment in case of a payment by debit / credit card, if the instruction is given to user’s bank and Kvmlogic Softwares pvt ltd within the prescribed time. However it would not be possible to do so in case of any other mode of payment.
In the event of a chargeback situation arising in case of any products purchased by a user or payer, for which payment has not yet been made to the payee or user by service provider, the user or payer shall be advised by Kvmlogic Softwares pvt ltd to resolve the issue with the payee or user or service provider within 45 days and Kvmlogic Softwares pvt ltd shall then settle the payment in accordance with the solution agreed upon by the parties.
In such event, if the payee and the payer are unable to arrive at a satisfactory resolution of the problem within a period of 45 days, Kvmlogic Softwares pvt ltd / service provider shall be entitled to make a direct credit to the disputing payer’s account for the disputed amount. Such a debit to the payee’s account and the direct credit to the disputing payer’s account shall not be disputed by the payee in any manner whatsoever. In the event of the payee and the payer arriving at a settlement within the said 45 day period, Kvmlogic Softwares pvt ltd / service provider shall deal with the said monies in accordance with the terms of the settlement arrived at.
In the event of a chargeback situation arising in case of any products purchased by a user / payer, for which payment has been made to the payee / user / service provider, the user/ payer shall be advised to resolve the issue with the payee / user / service provider within 45 days and shall then settle the payment in accordance with the solution agreed upon by the parties. Kvmlogic Softwares pvt ltd shall not be responsible to make payments in respect of any chargeback unless it has received the requisite amounts from the concerned acquiring bank / service provider / payee / user. In the event of the receipt by Kvmlogic Softwares pvt ltd of an amount of a chargeback from the acquiring bank / service provider, Kvmlogic Softwares pvt ltd shall pass on to user / payer such amount received by them within 7 days.
In the event that the parties have agreed that user / payer is entitled to chargeback any transaction, Kvmlogic Softwares pvt ltd may at its discretion, give effect to such chargeback entitlement in any one or more of the following methods:
Deduction of the relevant amount or any part thereof from any amounts to the payee.
Billing the concerned party for the relevant amount or any part thereof.