Payment Gateway Terms
Epartment Technologies integrates in its Products various Payment Gateways provided by Third Party Payment Gateway Companies or Banks. The usage of the Payment Gateway integrated with the epartment Technologies Products is subject to the following Payment Gateway Terms.
"epartment Technologies", "We" represent the "Service Provider" and are interchangeable. It also represents any subsidiary company of epartment Technologies Pvt. Ltd.
"Products" imply all offerings of epartment Technologies, that are SaaS (Software as a Service) Products including but not limited to the Portals: epartment.in. epartment erp, epartment resident app, epartment gatekeeper.
"Association" and "Society" are used interchangeably. This Term can also be used to indicate Property Builder, Facility Management Company, or any organisation authorised by Payers to collect from them.
“EPGI” shall mean epartment Payment Gateway Integration, and will imply all screens on the Products of epartment Technologies where Online Payment functionality is made available."EPGI User" means any person holding a Valid Credit Card/Debit card/Net Banking Account and who desires to pay the Association for the Services listed by the Association on the Products of epartment Technologies, and makes payment for the same over the Internet on any of the epartment Technologies’ Products using a Valid Credit Card/Debit Card/NetBanking Account. “Issuing Bank” in respect of a EPGI User, means the bank which has issued the Valid Credit Card to the EPGI User with which EPGI User makes the payment. “Service” exclusively means any service that the Association offers to provide / has provided to the EPGI User, the payment for which is being made by the EPGI User. “Card Associations” shall mean and include Master Card, Visa, Diners, American Express etc. which authorizes and enables credit card transactions. epartment Technologies integrates Payment Gateway in its Products, and makes it available for the collection of Dues by Associations subscribing to its Products on the Software as a Service model. The EPGI User utilises the EPGI upon agreement with the below Terms. While the Terms apply to every EPGI User, it is of utmost importance for the Association to understand and agree to these Terms before Activation of the EPGI.
PAYMENT GATEWAY TERMS
1. DESCRIPTION OF SERVICEepartment Technologies has integrated third-party Payment Gateway(s) which can be availed by Associations for collecting Dues from its Owners/Tenants/Vendors. For this utility, epartment Technologies plays the role of an Online Collection Agent for the Associations.
2. COVENANTS OF THE ASSOCIATION1. The Association shall ensure that all charges levied against the EPGI User is valid and is meant to be collected using the “EPGI”. It will also maintain relevant Documentations (e.g., Bye-Laws, Membership Details ) to substantiate all charges levied against the EPGI User. 2. The Association shall not input Credit/Debit Card or NetBanking Data on the EPGI themselves or by the staff, on behalf of the EPGI User. 3. epartment Technologies will not be a party to any Agreement between the Association and the EPGI Users – whatsoever. All agreements will be between the Association and the EPGI Users. 4. The Association shall ensure that all licenses and registrations required by the Association are in full force and effect to enable the Association to collect relevant charges/taxes from the EPGI User. 5. The Association assures and guarantees to the epartment Technologies, the Card Associations, Acquiring Banks, Facility Providers that the Association shall comply with all rules, byelaws and standards set by the Card Associations, Acquiring Banks, the Facility Providers and further assures and guarantees that the following products and services shall not be sold to the EPGI Users using the EPGI- 1) Adult goods and services which includes pornography and other sexually suggestive materials (including literature,imagery and other media); escort or prostitution services 2) Alcohol which includes Alcohol or alcoholic beverages such as beer,liquor, wine, or champagne 3) Body parts which includes organs or other body parts 4) Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam) 5) Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free 6) Child pornography which includes pornographic materials involving minors 7) Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection 8) Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials 9)Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials including OEM or bundled software 10) 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 11) Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms 12) Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items 13) Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction 14) Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content 15) Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles 16) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property 17) Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts 18) Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes 19) Offensive goods which include 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. 20) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals 21) 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 22) Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances 23) 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 24) Securities which includes stocks, bonds, or related financial products 25) Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products 26) Traffic devices which includes radar detectors jammers, license plate covers, traffic signal changers, and related products 27) Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments 28) Wholesale currency which includes discounted currencies or currency exchanges 29) Live animals 30) Multi Level Marketing collection fees 31) Matrix sites or sites using a matrix scheme approach 32) Work-at-home information 33) Drop-shipped merchandise 34) Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of the Country where the Association belongs. The Association further confirms, undertakes and assures epartment Technologies, the Card Associations, the Acquiring banks and the facility providers that in the event of violation of any of the byelaws and Standards of the Card Associations, Acquiring Banks, Facility Providers and epartment Technologies by the Association AND any penalty imposed by the Card Associations, Acquiring Banks, Facility Providers on epartment Technologies for any violation for any reason whatsoever, the Association shall on receipt of the claim from epartment Technologies undertakes forthwith without any demur, protest, dispute or delay, to pay to epartment Technologies the amount of the penalty / fine imposed by the Card Associations, AcquiringBanks, Facility Providers on epartment Technologies.
3. DISPUTES REGARDING SERVICESepartment Technologies, the facility providers and the Acquiring Banks shall not be responsible for the quality of Services to the EPGI User. (Services imply those provided by Association to the EPGI User. Please refer to Definitions for details). epartment Technologies, the facility providers and the Acquiring Banks shall also not be responsible for any non-delivery of the Services to the EPGI User. Provided that any and all disputes regarding quality, non-delivery and delay in delivery of the Service or otherwise will be dealt with by and between the Association and the EPGI User directly and epartment Technologies, the facility providers and the Acquiring Banks shall not be a party to such disputes.
4. INDEMNITYThe Association hereby undertakes and agrees to indemnify epartment Technologies, the Facility Providers and the Acquiring Banks and hold epartment Technologies, the Facility Providers and the Acquiring Banks harmless and keep epartment Technologies, the Facility Providers and the Acquiring Banks at all times fully indemnified and held harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of epartment Technologies, the Facility Providers and the Acquiring Banks on a solicitor/attorney and own client basis), awards, damages, losses and/or expenses however arising directly or indirectly as a result of: a) any breach or non-performance by the Association of any of the Association’s undertakings, warranties,covenants, declarations or obligations under this Agreement; or b) any claim or proceeding brought by the EPGI User or any other person against epartment Technologies, the Facility Providers and the Acquiring Banks in respect of any services offered by the Association; or c) any act, neglect or default of the Association’s agents, employees, licensees or EPGI Users; or d) any loss or liability arising to epartment Technologies or the Acquiring Banks or the Facility Providers Banks in respect of any services offered by the Association; or e) any claim by any other party against epartment Technologies, the Facility Providers and the Acquiring Banks arising from sub-clause (a), (b),(c) or (d) above. Example of specific situations could result in a charge back claim. a) The EPGI User moves out of the Residential Complex, the Move-Out fee is levied on the EPGI User. The EPGI User makes payment using his credit card, and later claims to the Credit Card company, claiming it to be an incorrect Payment. In this situation, the responsibility rests with the Association to have adequate documentation, to prove that the EPGI User was a Member of the Association, as well as Bye-Laws that substantiate charging of the Move-Out Fee. In absence of such substantiations, or upon non-acceptance of any such substantiation by the Acquiring Bank, Credit Card company or Card Associations, any resulting charge back (cancellation of the payment by the credit card) has to be refunded by the Association. b) The EPGI User uses a stolen Credit Card to make a Payment. The Credit Card company will later cancel all these payments, which must promptly be refunded by the Association. (2)The indemnities under this Article are in addition to and without prejudice to the indemnities given elsewhere in this Payment Gateway Terms and all the indemnities provided herein shall survive the termination of the Subscription Agreement.
5. NO WARRANTY(1) epartment Technologies, the Acquiring Banks and the Facility Providers disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness for a particular purpose. The Association acknowledges that the epartment Technologies, the Facility Providers and the Acquiring Bank’s services may not be uninterrupted or error free. The Association also acknowledges that the services provided by the Acquiring banks and the facility providers to epartment Technologies which is passed on to the Association under the EPGI agreement, can be in any event be brought to an abrupt end in any event whatsoever by any of the acquiring banks or the facility providers for any reason whatsoever. 2) epartment Technologies’ sole obligation and the Association’s sole and exclusive remedy in the event of interruption to the Services or loss of use and/or access to the Products of epartment Technologies, the facility Providers facilities and the Acquiring Bank’s Payment Mechanism and services, shall be to use all reasonable endeavors to restore the Services and/or access to the Payment Mechanism as soon as reasonably possible. Without prejudice to any other provision of this Agreement, epartment Technologies, the Facility Providers and the Acquiring Banks does not warrant that: - a. The Products of epartment Technologies, the facility providers facilities and the Acquiring Bank’s Payment Mechanism will be provided uninterrupted or free from errors or that any identified defect will be corrected; or b. is free from any virus or other malicious, destructive or corrupting code, program or macro; or (3) For the avoidance of doubt, in no event shall epartment Technologies, the Facility Providers and the Acquiring Banks be liable to the Association or any other third party for any of the following: a. amounts due from EPGI User in connection with any service obtained by the EPGI User from the Association; b. any applicable taxes and Government levies;
6. TRANSACTION LIMITSepartment Technologies, the Facility Providers and the Acquiring Banks reserves the right to impose limits on the number of purchases which may be charged on an individual credit card account during any time period, and reserves the right to refuse to make payments in respect of transactions exceeding such limit or from EPGI Users with a prior history of questionable charges.
7. TERMINATIONa) Termination for Breach. epartment Technologies may terminate the EPGI Agreement with prior written notice to the Association of at least 30 days if the Association commits any breach of the terms of this Agreement. b) Termination in Case of Violation of Law. In addition to any other termination rights granted by this Terms of Service, epartment Technologies may terminate the Agreement immediately without liability upon verbal or written notice if (i) epartment Technologies or the Facility Providers or the Acquiring Banks is notified or otherwise determines in good faith that the Association is using the EPGI in furtherance of any activity which violates any law, rule, or regulation or (ii) epartment Technologies, the Acquiring Banks or the Facility Providers or any of their directors, officers, stockholders, employees or agents are made the subject of a criminal or civil action or investigation or are threatened by such action as a consequence of use of the EPGI by the Association. c) Termination by notice In addition to any other termination rights granted under this Terms of Service, either Party may terminate this Agreement on 30 days written notice to the other.