Overview:

 

CocoaPay is, inter alia, engaged in the business of offering commerce or e-commerce services, which include payment and accepting instructions through the internet in respect of payments to be made by the customers for various products and services.

The Client is a valid legal entity to do business in India. It collects amount from customers for sale of products and/or services through facility of Net banking and collection of credit/debit cards.

CocoaPay has entered into agreements with various banks and financial institutions to offer various facilities through the internet, including settlement facilities in respect of payment instructions initiated by the Customers on certain websites of different clients using valid credit card/debit card'.

Customer means any person or business entity, who desires to purchase products and/or services from the client and makes or intends to make payment for the same using his credit/debit cards or internet.

 

General Terms

 

CocoaPay is constantly developing to provide the best possible experience and information for its users. Your use of services offered by CocoaPay is subject to the terms of a legal agreement between you and CocoaPay. This page explains how the agreement is made up, and sets out some of the Terms of that agreement.

 

  1. Acceptance of Terms

     

    To use CocoaPay services, you must first agree to all the Terms. You may not use the CocoaPay services if you do not accept the Terms of Use. 

    To accept the Terms:

    Click on accept or agree to the Terms, where this option is made available to you by CocoaPay in the user interface for any particular service; or actually using the services. After which, you understand and agree that CocoaPay will treat your use of the services as acceptance of the Terms from that point onwards.

  2.  

  3. Amendment, Term and Termination

     

    2.1 You acknowledge and agree that the form and nature of the services which CocoaPay provides may change from time to time without prior notice to you.

    2.2 As part of this continuing process, you acknowledge and agree that CocoaPay may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at CocoaPay's sole discretion, without prior notice to you. You may stop using the services at any time.

    2.3 You do not need to specifically inform CocoaPay when you stop using the services.

    2.4 You acknowledge and agree that if CocoaPay disables access to your account, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.

    2.5 You acknowledge and agree that while CocoaPay may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the services, such fixed upper limits may be set by CocoaPay at any time, at CocoaPay's discretion.

     

  4. Legal and Proprietary Rights

     

    3.1 You acknowledge and agree that CocoaPay (or CocoaPay's licensors) own all legal right, title and interest in and to the services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

    3.2 You further acknowledge that the services may contain information which is designated confidential by CocoaPay and that you shall not disclose such information without CocoaPay's prior written consent.

    3.3 Unless you have agreed otherwise in writing with CocoaPay, nothing in the Terms gives you a right to use any of CocoaPay's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

    3.4 Unless you have been expressly authorized to do so in writing by CocoaPay, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

     

  5. Assurance and Use of the services by you

     

    4.1 To access certain services, you may be required to provide information about yourself (such as identification or contact details, or any other information) as part of the registration process for the service, or as part of your continued use of the services.

    4.2 However, where any information is not provided by you, settlement of the transaction will not be processed further, and will be resumed only after providing the complete information as may be required.

    4.3 You agree that any registration information you give to CocoaPay will always be accurate, correct and up to date.

    4.4 You agree to use the services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

    4.5 You agree to use the data owned by CocoaPay (as available on the website or through any other means like API etc) only for personal purposes and not for any commercial use unless agreed to with CocoaPay in writing.

    4.6 You agree not to access (or attempt to access) any of the services by any means other than through the interface that is provided by CocoaPay, unless you have been specifically allowed to do so in a separate agreement with CocoaPay.

    4.7 You specifically agree not to access (or attempt to access) any of the services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the services.

    4.8 You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services).

    4.9 Unless you have been specifically permitted to do so in a separate agreement with CocoaPay, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.

    4.10 You agree that you are solely responsible for (and that CocoaPay has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which CocoaPay may suffer) of any such breach.

    4.11 You agree to the use of your data in accordance with CocoaPay's Privacy Policy.

     

  6. Disclaimer

     

    5.1 CocoaPay reserves the right to make changes and corrections to any part of the content of this website at any time without prior notice. However, Merchants will be intimated of all modifications of the Terms & Conditions of CocoaPay, if any.

    5.2 Unless stated otherwise, all pictures and information contained on this website are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock.

    5.3 Please email a Takedown Request (by clicking on symbol of an envelope on the top right corner of our home page) to the webmaster under the terms of the Digital Millennium Copyright Act if you are the copyright owner of any content on this website and you think the use of the above material violates the Copyright act in any way.

    5.4 Please indicate the exact URL of the webpage in your request. All images shown here have been digitised by CocoaPay. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the written permission of CocoaPay.

     

  7. Content in the Services

     

    6.1. You should be aware that content (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) presented to you as part of the services.

    6.2. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by CocoaPay or by the owners of that content, in writing and in a separate agreement.

    6.3. CocoaPay reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any service.

    6.4. CocoaPay reserves the right to moderate, publish, re-publish, and use all user generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated.

    6.5. CocoaPay is not liable to pay royalty to any user for re-publishing any content across any of its platforms. If you submit any material on the website, you agree thereby to grant CocoaPay the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned of affiliated.

    6.6. You understand that by using the services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the services at your own risk.

    6.7. You agree that you are solely responsible for (and that CocoaPay has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the services and for the consequences of your actions (including any loss or damage which CocoaPay may suffer) by doing so.

     

  8. Exclusion of Warranties

     

    7.1. Nothing in these Terms, shall exclude or limit CocoaPay's warranty or liability for losses which may not be lawfully excluded or limited by applicable law.

    7.2 Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages.

    7.3 Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

    7.4 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available".

    7.5 In particular, CocoaPay, its affiliates and its licensors do not represent or warrant to you that: ◦ Your use of the services will meet your requirements, ◦ Your use of the services will be uninterrupted, timely, secure or free from error, ◦ Any information obtained by you as a result of your use of the services will be accurate or reliable, and ◦ That defects in the operation or functionality of any software provided to you as part of the services will be corrected.

    7.6 Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

    7.7 No advice or information, whether oral or written, obtained by you from CocoaPay or through or from the services shall create any warranty not expressly stated in the terms.

    7.8 CocoaPay further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

     

  9. Limitation of Liability

     

    8.1. Subject to overall provision paraphrased above, you expressly understand and agree that CocoaPay, its affiliates and its licensors shall not be liable to you for: ◦ Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. ◦ Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services. ◦ The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services. ◦ Your failure to provide CocoaPay with accurate account information. ◦ Your failure to keep your password or account details secure and confidential. ◦ The limitations on CocoaPay's liability to you shall apply whether or not CocoaPay has been advised of or should have been aware of the possibility of any such losses arising.

     

  10. Authorization

     

    9.1. 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 Payment System Providers and our Nodal Account to process each Payment Transaction that you authorize. Thereafter you authorise us to transfer the Payments received from your Buyers to the bank account designated by you for this purpose at the time of registration. Your authorization will remain in full force and effect until your CocoaPay Account is closed or terminated.

     

  11. Card Association Rules

     

    10.1 "Card Association Rules" refer to the guidelines and processes established and defined by the Card Associations. These Card Associations have infrastructure and processes to enable transaction Authorization.

    10.2 The Card Associations require you to comply with all applicable guidelines, rules, and regulations formulated by them.

    10.3 The Card Associations reserve the right to amend their guidelines, rules and regulations. We may be required to amend modify or change this Agreement in pursuant to amendments to the Card Association Rules and such amendments if any shall be deemed to be binding on the Users.

    10.4 You agree to fully comply with all programs, guidelines, requirements that may be published and/or mandated by the Card Associations.

    10.5 Notwithstanding our assistance in understanding the Card Association Rules, you expressly acknowledge and agree that you are assuming the risk of compliance with all provisions of the Card Association Rules, regardless of whether you are aware of or have access to those provisions. MasterCard, Visa and American Express make excerpts of their respective rules available on their internet sites.

    10.6 In the event that your non-compliance of Card Association Rules, results in any fines, penalties or other amounts being levied on or demanded of us by a Card Association, then without prejudice to our other rights hereunder, you shall forthwith reimburse us in an amount equal to the fines, penalties or other amount so levied or demanded.

     

  12. Settlements Process

     

    11.1. On receipt of the payments in the Nodal Account, we will endeavour to instruct the nodal bank to transmit the payments payable to the Merchant, after deducting our Fees, from the Nodal Account to the Merchant's designated bank account, within 3 (three) Business Days (or such other period as may be prescribed by the RBI from time to time) from Completion of Transaction.

    11.2. Subject to any other Clause of this Agreement and Completion of Transaction, the Merchant acknowledges that we will settle the Payments only upon actual receipt of Payments in the Nodal Account and upon reconciliation of the Payments by the Acquiring Banks, our payment gateway and the nodal bank.

    11.3. The Merchant will bear and be responsible and liable for the payment of all relevant taxes in relation to the Payments made under this Agreement.

    11.4. Merchants receive the amount (minus our charges) in their bank account within T+3 days where T is defined as the date of intimation of the completion of the transaction.

    11.5. Once a payment is authenticated by Payment Service Providers, money is moved to CocoaPay Nodal Bank Account and the first settlement will be initiated only after all required documents (in hard copies) are received by CocoaPay.

    11.6. All risks associated with the Delivery will be solely that of the Merchant and not CocoaPay.

    11.7. Also, all disputes regarding quality, merchantability, non-Delivery, delay in Delivery or otherwise will be directly between the Merchant and the Buyer without making CocoaPay and/or the Payment System Providers, a party to such disputes.

     

  13. Prohibited Services

     

    12.1. You agree you will not accept payments in connection with the following businesses, business activities or business practices: ◦ embassies, foreign consulates or other foreign governments ◦ offering substantial rebates or special incentives to the Cardholder subsequent to the original purchase, ◦ negative response marketing, ◦ engaging in deceptive marketing practices, ◦ sharing Cardholder's data with another merchant for payment of up-sell or cross-sell product or service, ◦ evading Card Network's chargeback monitoring programs, ◦ engaging in any form of licensed or unlicensed aggregation or factoring, ◦ age restricted products or services, ◦ bail bonds, ◦ bankruptcy lawyers, ◦ bidding fee auctions, ◦ collection agencies, ◦ chain letters, ◦ check cashing, wire transfers or money orders, ◦ counterfeit goods (e.g. knock-offs, imitations, bootlegs) ◦ currency exchanges or dealers, ◦ firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counselling, repair or protection or real estate purchases with no money down, ◦ credit card and identity theft protection, ◦ cruise lines, ◦ essay mills, ◦ drug paraphernalia, ◦ extended warranties, ◦ fortune tellers, ◦ "get rich quick" schemes; ◦ gambling (including but not limited to lotteries, Internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services), ◦ sports forecasting or odds making, ◦ illegal products or services, ◦ mail-order brides, ◦ marijuana dispensaries and related businesses, ◦ money transmitters or money service businesses, ◦ multi-level marketing or pyramid schemes, ◦ online, mail, or telephone order pharmacies or pharmacy referral services, ◦ prepaid phone cards, phone services or cell phones, ◦ pseudo pharmaceuticals, ◦ quasi-cash or stored value, ◦ securities brokers, ◦ sexually-oriented or pornographic products or services, ◦ shipping or forwarding brokers, ◦ substances designed to mimic illegal drugs, ◦ telemarketing, ◦ timeshares, ◦ online, mail, or telephone order tobacco or e-cigarette sales, ◦ weapons and munitions ◦ virtual currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world, ◦ Products/services intended to inflict or promote revenge, harassment, and other forms of abuse, humiliation and intimidation, or ◦ Long-term subscriptions (i.e., two year, three year, lifetime, etc.)

     

  14. Transaction Disputes

     

    13.1. Transactions may be disputed at anytime up to 180 (one hundred eighty) days, from the date of Transaction by the Buyers as per the Card Association Rules.

    13.2. Disputes resolved in favour of the Buyers may result in reversal of Payments to the Buyers.

    13.3. In the event of rejection/suspension of Payments to the Merchant, Chargebacks, refunds and/or any other dispute relating to the Transactions contemplated under this Agreement ("Disputed Transaction"), on any grounds whatsoever, we will forthwith notify the Merchant of the same.

    13.4. On such notification the Merchant will conduct an internal review of such matter and will, within 5 (five) days from receipt of notification, revert to us in writing either: ◦ requesting us to refund ("Refund Request") the Payment received by the Merchant in respect of such Transaction ("Refund Monies"); or ◦ providing us with a statement explaining how the Disputed Transaction is not warranted together with all documentary evidence in support of contesting such Disputed Transaction.

     

  15. Refund Policy

     

    14.1. In the event that the Merchant provides a Refund Request to us or fails to contest such Disputed Transaction within the aforesaid 5 (five) day period or contests Disputed Transaction without providing supporting documentation to ours, Payment System Providers, Card Association and/or Issuing Institution's satisfaction, we will be entitled to recover the Refund Monies from credits subsequently made to the Nodal Account with respect to Payments made by the Merchant's Buyers.

    14.2. In the event that we are unable to recover the Refund Monies as aforesaid, due to the amounts credited to the Nodal Account being lower than the Refund Monies, we will deduct the remaining Refund Monies from the Security Deposit and/or set-off the remaining Refund Monies against the future payables to the Merchant and refund the same to the respective Buyers.

    14.3. The Merchant will be liable to make payment of the Refund Monies or part thereof which has not been recovered by us forthwith.

    14.4. It is hereby agreed and acknowledged by the Parties that the Fees charged by us in respect of the Disputed Transaction will not be refunded or repaid by us to the Merchant, Buyer or any other person.

     

  16. Technical Issues & Delivery Policy

     

    15.1. In case of any technical issues, please raise a support ticket by emailing - support@CocoaPay.com or from your service dashboard to let us know of the same.

    15.2. You will be delivered the service within 15 days of verification or investigation failing which you can terminate it at any time and get full refund.

     

  17. Governing Law and Dispute Resolution

     

    16.1. This Agreement shall be governed by and construed in accordance with the laws of India.

    16.2. Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be referred to the jurisdiction of courts of Bengaluru.