Terms and Conditions

Businesses of all shapes and sizes use our platform trusting us with their information. It's a big responsibility for us, thus we protect your information at every level. All of our products and solutions are thoroughly reviewed by our privacy team prior to launch, and we care about the privacy and security of your personal data.

Terms and Conditions

We would like you to read these general terms of conditions (“Terms of Use” / “Terms of Service” / “Terms”) carefully before you use our platform or any of its services (“Services”). These Terms are legally binding and govern the use of our website, our mobile application, our API and other properties collectively called as the “Paysafar Platform” or “Platform” created by Paysafar Fintech Service Private Limited, a company incorporated under the laws of India, with its registered office at 3rd Floor, Mangalam Ambition, C- Scheme, Agrasen Cir, Malviya marg, Jaipur, Rajasthan 302001 (“Paysafar” or “Company”).

These Terms are a binding agreement between you and Paysafar. These Terms are in addition to and not in derogation of any other terms stipulated by Paysafar from time to time. In case of any conflict between these Terms and such other terms, these Terms will prevail. Throughout this document, we use the terms “we” and “our” to refer to Paysafar and the terms “you” and “your” to refer to you, the User of the Platform. Both Paysafar and the User are collectively referred to as “Parties” and singularly referred to as “Party”.

We may revise these Terms, update the Platform and modify the Services at any time to improve your experience on our Platform and on account of changes in Applicable Law. If you do not agree with any change made by us, you have the option to stop using our Services. These Terms refer to and include our Privacy Policy.

ACCEPTANCE

These T&C were last updated on 8th July, 2022. Please carefully read these T&C. By signing-up to use the Platform, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By signing up to use the Platform, you represent that you have provided us with valid credentials which may be used to verify your identity. Please note that we may restrict, suspend, or terminate your access at any time to the Platform if we believe you have breached these Terms. For the security of your account and to enhance your overall experience on the Platform, we may use certain technologies to monitor your activities on the Platform.

ELIGIBILITY

Paysafar’s services are available to anyone having a valid email address and an Indian mobile phone number. The Platform must be accessed/used only by the persons who are eligible to enter into legally binding contracts under the Indian Contract Act and are ‘competent to contract’ according to Section 11 of the Indian Contract Act. Users who have been previously suspended or removed from availing any service by Paysafar shall not be eligible to avail services from Paysafar. Users shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.

DEFINITIONS

For the purpose of these Terms of Use including General Terms and Conditions, Paysafar Terms and Conditions and Prepaid Card Terms and Conditions, the following words and phrases shall have the meaning assigned to them under this Article.

“Applicable Law” includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognized stock exchange, as may be applicable.

“Chargeback” shall mean and include reversal of any transaction made by Service Provider’s User inter alia, on account of, including but not limited to:

i. any alleged forgery of the User’s account, card or other details pertaining to the transaction;

ii. any charge/debit made on account or 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;

iv. any amount required to be refunded due to, denial of a transaction by the User / valid card holder as wrongly charged payment / extra payments and/or due to the fraudulent use / misuse of the personal and financial information of the Service Provider’s User by any unauthorized person and / or any other reason as required / approved by the concerned banks, as the case may be.

“Confidential Information” means and includes the Intellectual Property and any and all business, technical and financial information of Paysafar or of any of its affiliates that is related to any of the arrangements contemplated in these Terms of Use or any other document in which these Terms of Use are incorporated by reference or otherwise disclosed by Paysafar to the User any information which relates to its financial and/or business operations, including but not limited to, specifications, models, merchant lists/information samples, reports, forecasts, current or historical data, computer programs or documentation and all other technical, financial or business data, information related to its internal management, customers, products, services, anticipated products/services, processes, financial condition, employees, merchants, Intellectual Property, marketing strategies, experimental work, trade secrets, business plans, business proposals, customer contract terms and conditions, compensation/commission/ service charges payable to the User, and other valuable confidential information and materials that are customarily treated as confidential or proprietary, whether or not specifically identified as confidential or proprietary.

“Effective Date” or “Registration Date” shall mean the date of registration of account of the User on Paysafar’s platform. “Paysafar Policies” shall mean and include the Terms of Use, Privacy Policy, Grievance Policy and any other such terms and conditions/policies available and updated from time to time on the Paysafar Platform.

“Intellectual Property” shall mean all intellectual property used for the purpose of or in association with or in relation to the performance of these Terms of Use and Applicable Agreement, and includes without limitation, (a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, or in association with, or for the operation of the software installed by the Company, (b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by the Company during the course of its business and all depictions, derivations and representations graphics, images, content and the ‘look and feel’ of all of the above, (d) all information, data or material in whatever form, whether tangible or not, provided by the Company to the User during the course of Applicable Agreement; and (e) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques, improvement, utility model, procedures, designs, skills, technical information, notes, experimental results, service techniques, samples, specifications of the products or services, labelling specifications, rights on software, and any other knowledge or know-how of any nature whatsoever.

“KYC” or “Know Your Customer” shall mean the process prescribed under the Applicable Law to collect and authenticate the User’s personal or business identification details before offering the Services to the User.

“Services” shall mean the services provided by Paysafar and various Service Providers to the Users utilizing the Paysafar Platform including but not limited to banking services, non-banking services and other such services either by itself or through a Merchant.

“Service Provider” shall mean any banking and/or non-banking entity with which Paysafar has, directly or indirectly, executed an agreement for facilitating Transactions between such entity and its customers.

“Users” shall mean individuals including all body corporates, partnerships, limited liability partnerships, etc., who are availing Paysafar services through the Paysafar platform.

  1. GENERAL TERMS AND CONDITIONS 

These General Terms and Conditions govern the User’s access to the Services provided by Paysafar: 

  1. NFORMATION SUPPLIED TO PAYSAFAR

Users agree that the information provided by the Users to Paysafar on registration and at all other times, including payment, is true, accurate, current, and complete. 

  1. SECURITY OF ACCOUNT

Users’ mobile number and email identifies a Users’ account with Paysafar through which Paysafar services are dispensed (“Account”). Paysafar encourages Users to choose a strong password to protect their Account. It is advised that Users do not share their password with anyone or write it down. Neither Paysafar nor its Service Providers, under any circumstances, will ever ask for a User's Account password or any other confidential information. If a User has any reason to believe that his Account is no longer secure, then the User shall immediately change the Account password and indemnify Paysafar from any liabilities that may arise from the misuse of such User’s Account. 

  1. PRIVACY POLICY

All information collected from a User pursuant to provision of Paysafar’s services, and information collected by Merchants or Paysafar Point during the performance of these Terms of Use or Applicable Agreement, is subject to Paysafar Privacy Policy.

  1. RECLAIMING INACTIVE ACCOUNTS

If an Account is found to be overly inactive, the Account may be reclaimed by Paysafar without providing notice to the concerned User. An Account is considered as inactive if the concerned User is not signing in and/or has not done any transactions for more than 6 consecutive months. 

  1. THIRD PARTY SITES, PRODUCTS AND SERVICES

Paysafar’s services and/or the Site may include links or references to other web sites or services solely for the Users’ convenience (“Reference Sites”). Paysafar does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Correspondence or business dealings between Users and concerned Reference Sites are solely between such User and the concerned Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at the concerned User’s own risk. 

  1. COMMUNICATION POLICY The User hereby accepts that:

Paysafar may send transactional or non-transactional business communication in the form of SMS or Email or Push notifications as part of its efforts to fulfil the User’s request or service your account. A User may continue to receive transactional and critical communication from Paysafar even after opting out of marketing communications. 

  1. Paysafar may send transactional or non-transactional business communication in the form of SMS or Email or Push notifications as part of its efforts to fulfil the User’s request or service your account. A User may continue to receive transactional and critical communication from Paysafar even after opting out of marketing communications. 
  2. Paysafar will make the best efforts to provide notifications and it shall be deemed that the User shall have received the information sent from the Company during the course of, or in relation to, using the Paysafar Platform or availing any Services. Paysafar shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User cannot hold the Company liable for non-availability of any notification service in any manner whatsoever. 
  1. LIMITATION OF LIABILITY
    1. In no event will Paysafar or its directors, agents, officers, or employees be liable to a User for any special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) of any kind arising out of or relating to. 
      1. this Terms of Use or any other agreement entered by a User with Paysafar, 
      2. Paysafar’s services, the Site or any Reference site, or 
      3. User’s use or inability to use Paysafar’s services, the Site or any Reference Sites, even if Paysafar or a Paysafar authorized representative has advised of the possibility of such damages, 
      4. unauthorized access to or alterations of transmissions or data, any material or data sent or received or not sent or received, 
      5. any transactions entered into by any third person or conduct of any other third party or any infringement of another’s rights, 
      6. the use of counterfeit or stolen cards, or stolen devices, or 
      7. fraudulent electronic transactions. 
    2. It shall be at the sole discretion of Paysafar to reverse any transaction subject to approval of the concerned Service Provider. Notwithstanding the above, if any court of law finds that Paysafar or its directors, officers, or employees, are liable to indemnify a concerned User despite the existence of this Clause 1.7, such liability shall not exceed the amount paid by the concerned User, if any, for using the portion of the Paysafar’s services or the Site giving rise to the cause of action. 
    3. Users acknowledge and agree that Paysafar has offered its products and services, set its prices, and entered into these Terms of Use and Applicable Agreement in reliance upon the warranty, disclaimers, and the limitations of liability set forth herein. 
    4. Users acknowledge that the warranty, disclaimers, and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between Users and Paysafar, and that the warranty, disclaimers, and the limitations of liability set forth herein form an essential basis of the bargain between Users and Paysafar. Paysafar would not be able to provide the services to Users on an economically reasonable basis without these limitations. 
    5. Users understand that Paysafar or the Service Providers may reject authentication and/or authorization of transaction placed by Users for any reason including but not limited to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management, suspicion of fraudulent transactions, selling of restricted or banned items, use of compromised cards or bank account numbers, use of banned/blacklisted cards or bank account numbers, use of suspicious API or in accordance with the regulator, Issuing, Acquiring Institution and/or Card Network rules, guidelines, regulations, etc. and any other laws, rules, regulations, guidelines in force in India. 
    6. User further acknowledge that as a security measure Paysafar and/or the Service Providers may at our sole discretion, permanently or temporarily, block any card number, account numbers, group of cards or transactions from any specific blocked or blacklisted cards / accounts, specific, group of IP addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake. 
    7. As a risk management tool, Paysafar and/or the Service Providers reserve the right to limit or restrict transaction size, amount and/or monthly volume at any time. Paysafar will consider a variety of factors in making a decision and such determination will be at our sole discretion. 
  2. FRAUDULENT TRANSACTIONS
    1. If Paysafar is intimated, by the bank, that a customer has reported an unauthorized debit/chargeback of the customer’s Payment Instrument (“Fraudulent Transaction”), the User shall be notified by Paysafar. The User shall be entitled to furnish documents and information pertaining to the Transaction associated with the Chargeback within one (1) day (or such other period specified by the bank). 
    2. The User agrees and acknowledges that 
      1. if the User is unable to furnish Chargeback Documents 
      2. the bank is not satisfied with the Chargeback documents furnished by the User, then the bank shall be entitled to order the Paysafar to affect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said chargeback amount is credited to the customer’s Payment Instrument. 
    3. Paysafar shall also be entitled to suspend the settlement of the amount under dispute or hold the value of transaction under dispute from following the settlement of the transaction during the pendency of inquiries, investigations and resolution thereof by the Service Providers to the User. 
    4. Pursuant to clause 1.8 (ii) above, if the amount in respect of the Fraudulent Transaction has already been settled to the User, any dispute arising in relation to the said Fraudulent Transaction, shall be resolved in accordance with the notifications, circulars and guidelines issued by the regulators or Service Providers in this regard from time to time. 
    5. The User also agrees and acknowledges that it is liable to pay fines, penalties and charges imposed by the Banks, card payment networks or any regulatory authority on account of Transactions that are in violation of Applicable Law. 
    6. The User further agrees and acknowledges that following Paysafar incurring the charge stipulated in clause 1.8(iii), if the available Transaction Amounts are insufficient for deduction of the Chargeback Amount, then Paysafar is entitled to issue a debit note seeking reimbursement of the Chargeback Amount from the User. The User shall reimburse the Chargeback Amount within three (3) working days of receipt of the debit note. 
    7. The Parties hereto agree that any payment instructions for Transactions accepted by the User as per the terms hereof which are subsequently disputed due to (a) the authorization by the User of any Transaction with an amount exceeding the User’s account balance or credit limit, or (b) the authorization by the User of a fraudulent Transaction, shall always be the liability and responsibility of User. 
    8. The User hereby acknowledges and agrees that Paysafar is a facilitator for payment processing services which are requested by Users and Paysafar shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another’s rights or any chargebacks claimed by the customers. It will be the responsibility of Users to ensure due protection while transacting online or otherwise. Paysafar will assist the Users in settling any queries related to the Services that arise between the Users, and its customers. However, Paysafar shall bear no responsibility with respect to the dispute or query related to payment made by the customers to the Users. 
  3. SECURITY OF YOUR ACCOUNT
    1. The User shall comply with the provisions contained in the Information Technology Act, 2000 and the statutory rules framed there under, from time to time, in so far as the same has application to its operations in accordance with these Terms of Use, and also with all other Laws, rules and regulations, whether already in force or which may be enacted from time to time, pertaining to data security and management, data storage, sharing and data protection, and various rules, regulation and provisions as may be applicable, as and when the same is enacted into a law and comes into force, and shall ensure the same level of compliance by all its employees. 
    2. The User confirms and certifies that it shall not engage in any act that violate any laws and regulations. It shall also ensure that the financial data or any other information of the customers received by the User are stored in a system only in India. This data shall include full end to end transaction details / information collected / carried / processed as part of the message / payment instructions. The User also acknowledges and agrees that the account balance maintained by the Users on Paysafar Platform shall be non-interest bearing and shall be forfeited by Paysafar if found lying unused for more than 365 days. 
  4. USER’S REPRESENTATIONS AND WARRANTIES The User represents and warrants that: 
    1. it has had a full and adequate opportunity to read and review these Terms of Use and had sufficient time to evaluate and investigate the provision of services under the Applicable Agreement and the financial requirements and risks associated with the same. 
    2. it shall immediately intimate Paysafar of any violation or potential violation of these Terms of Use or of other circumstances that may cause damage to the goodwill and reputation of Paysafar, 
    3. it shall be responsible to obtain any and all consents and approvals that are required from regulatory or governmental authorities, including any consent from customers required to transfer data to the User and/or the Paysafar Platform, as the case may be, in accordance with Applicable Law, 
    4. it shall be solely responsible for and hereby undertakes to strictly comply with Privacy Policy, and Applicable Law having jurisdiction in any manner whatsoever in connection with discharge of its duties under the Applicable Agreement, including but not limited to data protection, security, piracy, and directions issued by the regulators relating to payment data, and shall obtain and maintain in full force and effect all registrations required under Applicable Law for the operation of the business in terms of the Applicable Agreement, and 
    5. it shall not access (or attempt to access) the website and the Products by any means other than through the interface that is provided by Paysafar. It shall not use any deep-link, page scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Paysafar Platform, or in any way reproduce or circumvent the navigational structure or presentation of the platform, without Paysafar’s express prior written consent. 
    6. it shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means. 
    7. it shall inform the Company in case Income Tax Return is not filed by the User as per sec 139(1) of Income Tax Act, 1961 for the previous financial years starting from FY 2018-19 and undertake to indemnify and keep indemnified Paysafar against any and all losses, claims, liabilities, costs, taxes, interest, penalties imposed by any government and regulatory authority for non-complying with Section 206AB or any other provisions of Income Tax Act, 1961. The User also agrees that in case of any non-compliance as per the above-mentioned section the Company shall recover the TDS amount from the User along with interest and penalty. 
  5. INDEMNIFICATION

User agrees to indemnify, save, and hold Paysafar, its affiliates, contractors, employees, officers, directors, agents and its third-party suppliers, licensors, and partners harmless from any and all claims, demands, actions, suits which may be threatened or brought against Paysafar, and also against all losses, damages, liabilities, costs, charges and expenses, including without limitation, legal fees and expenses arising out of or related to: 

  1. Users’ use or misuse of Paysafar’s services or of the Site/application 
  2. any violation by the User of Terms of Use or Applicable Agreement, 
  3. any breach of representations, warranties and covenants made by the User in these Terms of Use, or Applicable Agreement, 
  4. any claim or legal notice or quasi-legal proceedings to which Paysafar may be required to become party or to which Paysafar may be subjected by any person including any governmental authority, by reason of breach of any Applicable Law, 
  5. due to failure of a User to obtain any required statutory or regulatory approval necessary for the performance of its obligations in the Applicable Agreement with Paysafar, 
  6. all liability, claims, damages, costs, expenses suffered or incurred by Paysafar as a result of any act or violation by User under Section 269ST of the Income Tax Act, 1961 while acting as collection agent of the Company. 
  7. Paysafar reserves the right, at User’s expense, to assume the exclusive defense and control of any matter, including rights to settle, for which concerned User is required to indemnify Paysafar. The User agrees to cooperate with Paysafar’s defense and settlement of these claims. Paysafar will use reasonable efforts to notify the User of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. 
  1. DISCLAIMER

To the fullest extent permissible pursuant to Applicable Law, Paysafar and its officers, directors, employees, and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by a User from Paysafar or through Paysafar’s services or the Site will create any warranty not expressly stated herein. Paysafar does not authorize anyone to make any warranty on its behalf and Users should not rely on any such statement. Users acknowledge that Paysafar is a reseller and is not liable for any third-party seller’s obligations. It is User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, merchandise and other information provided through the Site or on the internet generally. Paysafar does not warrant that its services will be uninterrupted, or free of errors, viruses or other harmful components, and that any of the foregoing defects will be corrected. Paysafar’s services and the Site and any data, information, third party software, Reference Sites, or Software made available in conjunction with or through its services and the Site are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied. Paysafar and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of Paysafar’s services, the Site or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise. 

  1. INTELLECTUAL PROPERTY
    1. Paysafar’s services and the Site are owned and operated by Paysafar and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of Paysafar’s services and the Site provided by Paysafar (the “Materials”) are protected by Applicable Law. As between User and Paysafar, all Materials and Paysafar’s Intellectual Property are the property of Paysafar and/or third-party licensors or suppliers. User agrees not to remove, obscure, or alter Paysafar or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Paysafar’s services. Except as expressly authorized by Paysafar, the User agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Paysafar’s Intellectual Property. 
    2. Parties do not accrue any rights or interest in the other Party’s Intellectual Property and use of any Intellectual Property by either Party shall be strictly for the fulfilment of and in compliance with the terms of the agreement between the Parties. 
    3. The Parties undertake that they shall not, nor will they allow others to, reverse engineer or disassemble any parts of the other’s Intellectual Property. 
    4. If Users’ have comments regarding Paysafar's services and the Site or ideas on how to improve it, please write to our 24x7 Helpdesk at help@paysafar.in. Please note that by doing so, concerned User hereby irrevocably assign to Paysafar, and shall assign to Paysafar, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. The concerned User agrees to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights. 
    5. The User undertakes that: 
      1. they shall use the Intellectual Property solely for discharge of their duties under the Applicable Agreement,
      2. they shall use Intellectual Property of other party only in the form and manner stipulated by such other party,
      3. they shall seek prior written consent from other party for use of such party’s Intellectual Property which is not previously provided for by such Party, 
      4. they shall bring to other party’s notice all cases concerning such party’s Intellectual Property’s (a) infringement, (b) passing off, (c) registration, or (d) attempted registration, 
      5. they shall render to other party all assistance in connection with any matter pertaining to the protection of such party’s Intellectual Property whether in courts, before administrative agencies, or otherwise, 
      6. they shall refrain from taking any action which shall or may impair other party’s right, title or interest in the Intellectual Property, or create any right, title or interest therein or thereto, adverse to that of the other party, 
      7. they shall not use or permit to be used the Intellectual Property by any unauthorized person, and 
      8. they shall not misuse the Intellectual Property or use it together with any other mark or marks. 
  2. MODIFICATION

Paysafar reserves the right to change, modify, add, or remove these Terms of Use, either in its entirety or a part thereof (each, a “change”) at any time by posting a notification to the Site or otherwise communicating the notification to Users. The changes will become effective, and shall be deemed accepted by Users, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If Users do not agree with any such modification, Users sole and exclusive remedy is to terminate their use of the Services. 

  1. CONFIDENTIALITY
    1. The User shall keep Confidential Information as confidential. The User confirms that it shall protect Confidential Information with such security, confidentiality and degree of utmost care as it would prudently apply to its own confidential information and use it solely in connection with the transaction to which the Confidential Information relates. The User acknowledges and agrees that it is aware of the sensitivity & secrecy involved in keeping the customer data/information and transaction records and shall ensure that neither the User nor their employees, directors etc. will do any act to violate the same. 
    2. Notwithstanding anything contained in this Clause 1.15, Confidential Information shall exclude any information; a) which is already in the possession of the receiving Party and not subject to any other duty of confidentiality, b) that is at the date hereof, or subsequently becomes, public otherwise than by reason of a breach by the receiving Party of these Terms of Use, c) Information that becomes legally available to the receiving Party and/or its affiliates or professional advisors on a non-confidential basis from any third party, the disclosure of which does not, to the knowledge of that Party, violate any contractual or legal obligation which such third party has to the other Party with respect to such information, and d) Information that is independently acquired or developed by the receiving Party and/or its affiliates or professional advisors. 
    3. The User hereby agrees that it shall not disclose any Confidential Information received by it without the prior written consent of the Company to any third party at any time. Provided however, that either Party may make the following disclosures for which no consent shall be required from the other Party:
      1. Disclosures to its directors, officers, employees, affiliates / subsidiaries / group / holding companies, third party service providers and any employees thereof that it reasonable determines need to receive the Confidential Information; 
      2. Disclosures to its legal and other professional advisers, instructed by it that it reasonably determines need to receive the Confidential Information; or 
      3. Disclosures to any person to whom it is required by law or any applicable regulatory, supervisory, judicial or governmental order, to disclose such information, or at the request of any regulatory or supervisory or judicial or government authority. 
  2. TERMINATION
    1. Paysafar reserves the right to suspend or terminate the User’s access to Paysafar Platform and Services without prior notice and without any liability to the User or any third party, in the event,
      1. the User is in a breach of these Terms of Use or any Paysafar Policies; 
      2. the User is engaged or is suspected to engage in any restricted, illegal, fraudulent or abusive activity; 
      3. the User provides any information which is incomplete, inaccurate or false or Paysafar has reason to believe that such information is incomplete, inaccurate or false. 
    2. Any suspension/termination of the User’s access to Paysafar Platform and Services shall be without prejudice to Paysafar’s right to exercise any other remedy available to it under the applicable law. 
  3. GOVERNING LAW 

This Terms of Use shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions and the exclusive jurisdiction of competent courts in New Delhi, India. 

  1. FORCE MAJEURE 

Paysafar shall not be liable for failure to perform its obligations under these Terms of Use to the extent such failure is due to causes beyond its reasonable control. In the event of a force majeure, the Company if unable to perform shall notify the User in writing of the events creating the force majeure and the performance obligations of the Company will be extended by a period of time equal to the length of the delay caused by force majeure; provided that if any such delay exceeds ninety days, then following such ninety day period, either Party hereto may terminate the unperformed portions of these Terms of Use on ten days prior written notice to the other Party. For the purposes of these Terms of Use, force majeure events shall include, but not be limited to, acts of God, failures or disruptions, orders or restrictions, war or warlike conditions, hostilities, sanctions, mobilizations, blockades, embargoes, detentions, revolutions, riots, looting, strikes, stoppages of labour, lockouts or other labour troubles, earthquakes, fires or accidents and epidemics and/or pandemics. 

  1. MISCELLANEOUS 
    1. SEVERABILITY If any provision of this Terms of Use is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Terms of Use to the minimum extent required, and the remaining provisions will remain valid and enforceable. 
    2. ASSIGNMENT These Terms of Use and any rights granted hereunder, shall not be assignable by the User, but may be assigned by Paysafar without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect. 
    3. HEADINGS The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof. 
    4. NOTICE Paysafar may provide Users with notices and communications by email, regular mail, or posts on the Paysafar website(s) or by any other reasonable means. Except as otherwise set forth herein, notice to Paysafar must be sent by courier or registered post to the Legal Department, Paysafar Fintech Service Private Limited, 3rd Floor, Mangalam Ambition, C- Scheme, Agrasen Cir, Malviya marg, Jaipur, Rajasthan 302001, India. 
    5. WAIVER The failure of Paysafar to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Paysafar. 
    6. RELATIONSHIP BETWEEN THE PARTIES. The Terms of Use are not intended by the Parties to constitute or create a joint venture, pooling arrangement, partnership, agency or formal business organization of any kind. Paysafar and the User shall be independent contractors with each other for all purposes at all times and neither Party shall act as or hold itself out as an agent or representative of the other Party nor shall create or attempt to create liabilities for the other Party by acting or holding itself out as such.