Terms & Conditions

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Please read the terms and conditions carefully before registering, accessing or using the “Dosh Pay” Services (defined below). The terms and conditions are legal contract (“Agreement”) between You and Dosh Payment Private Limited (“Dosh Pay”) having its registered office at 502, The SilverKrism Co-op, Housing SocLtd, Bandra (West), Mumbai, India 400050, India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services and/or immediately terminate the Services and/or uninstall the mobile application.

We may amend the terms and conditions at any time by posting an updated version at Dosh Payment (“Dosh Pay”) website(s) and Dosh Payment App(s). The updated version of the Terms of Service shall take effect immediately upon posting. Notwithstanding that it is Your responsibility to review these Terms of Use periodically for updates / changes, we shall send a notice of the same within __07____ days of such modification to this agreement. Your continued use of Dosh App following the posting of changes will mean that You accept and agree to the revisions including additional Terms or removal of portions of these Terms, modifications etc. As long as You comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and avail the Services.

USING THE DOSH PAYMENTS (Dosh Pay) APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Dosh Payment Paltform and Dosh Payments Platform Entity Policies (including but not limited to Privacy Policy) available on the Dosh Payments website(s) and Dosh Payment App(s) as amended from time to time.

DEFINITIONS

“We”, “Us”, “Our” – shall refer to Dosh Payments Platform and Dosh Payment Platform Entities.

“You”, “Yours”, “Yourself”, “Dosh Pay User” – refers to any non-registered individual or corporate body, registered user of Dosh and Dosh Entities, including but not limited to Dosh customers or Merchants.

“Dosh App” – The mobile application(s), hosted by Dosh Pay and Dosh Pay Entities for providing Dosh Pay services to its users, including merchants and service providers and also includes any and all Services where it acts as an Intermediary.

“Dosh Pay Website” – Shall refer to www.doshpayment.com, which is registered by Dosh Pay and used as a medium to communicate and inform users of services provided by Dosh Pay and Dosh Pay Entities, not limiting to its features, terms and conditions, Our contact details.

“Dosh Pay Entities” – shall mean group, affiliates, associates and subsidiaries of Dosh Pay.

‘Dosh Pay Platform” – Refers to any platform owned/subscribed/used by Dosh Payment Private Limited or any other Dosh Pay Entities not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used by Dosh Pay Entities to provide its services to its Users.

“Dosh Pay Services” – shall include all services extended / to be extended by Dosh Pay and Dosh Pay entity as a group.

“Service Providers” – Refers to any individual, group of individuals defined under law whose services are used by Dosh Pay or Dosh Pay Entities in order to provide the intended Services to You through Dosh Pay Platform.

“Business Partners” – Shall refer to any individual, group of individuals defined under law with whom Dosh Pay or Dosh Pay Entities have a contractual relationship and not limited to Merchants, Advertisers, Deal partners, Financial institutions, switch interface partners

“Participating Platforms / Merchant Partners” – Websites and Platforms that accepts permitted Dosh Pay Services to make a payment against products or services offered by such platforms.

“Terms of use”/” Terms and Conditions”– are interchangeably used and shall have the same meaning.

“Registered Users/ Dosh Users”- Individuals who have created an account on the Dosh Pay Platform which includes the Website and the Mobile Application and have fulfilled all the requirements to fully use the features designated for a Registered user on the Dosh Pay Platform.

ELIGIBILITY

By accessing Dosh Pay Service and Dosh Pay Platforms, You represent that:-

You are 18 years of age or older;

You are capable of entering into a contract /legally binding agreement;

You have the right, authority and capability to enter into this Agreement abiding by all the provisions of the “terms of use” of Dosh Pay Services.

You are not barred or otherwise legally prohibited from accessing or using services of Dosh Pay or Dosh Pay Entities under the laws of India.

You are not impersonating any person or entity, or falsely stating your age or affiliation with any person or entity. Dosh Pay and Dosh Pay Entities shall reserve the right to terminate your contract to use Dosh Pay Platform in case of any incorrect representation of the above-mentioned conditions.

The mandatory information and Officially valid document(s) “OVD”/ document details mentioned by you are true & correct and belong to You.

DOSH PAY SERVICES

Dosh Pay and Dosh Pay Entities provide services via Dosh Pay Platform. You further agree and acknowledge the terms of use of Dosh Pay Services provided on Dosh Pay Platform.

Dosh Pay Account (“DA”) – Dosh Pay Account is the account that you create when you sign-up/register with Dosh Pay.
- This account allows you to access Dosh Pay Platform, browse through the Dosh Pay Service, make payment using debit card, credit cards or net banking collectively known as (‘Payment Gateway Services’) to permissible and registered users on the Platform.
- Access to DA enables you to browse through Dosh Pay Services provided by Dosh Pay Entities and in order to avail, enrol or use any such Service you may need to additionally register for such services by providing some more information as required under the Terms of Use of such products/services.
- Allows you to store your card details within our secure PCI-DSS zone for use of transactions.
- Allows you to share and maintain the Know Your Customer “KYC” details and information.

You would need to register by providing additional information in order to make payment via Unified Payment Interface (“UPI”) and Pre-Paid Instruments (“PPI”) services (if wallet is used) to make payments to merchants using these modes of payments.

You further agree to Dosh Pay Privacy Policy as applicable for Dosh Pay and Dosh Pay Entities. In order to avail Dosh Pay Services, you need a mobile, internet or any other supported device that meets the compatibility requirements of accessing Dosh Pay app and Dosh Pay website, which may change from time to time. Dosh Pay may further release updates to its application and You are required to update the Dosh Pay app as and when available for you, in order to continue availing Dosh Pay Services.

You agree that your mobile device, mobile service provider or any other services that you may avail from anybody to access Dosh Pay Platform, may incur charges and you are solely responsible for such charges, terms of use, fees as per your agreement with the third party.

In order to use the full spectrum of Dosh Pay Services, You need to register on the Dosh Pay App and provide Us with accurate and complete information. You are also required to keep your accounts, KYC details and contact information complete and updated at all times.

The device on which You download Dosh Pay App and use during registration, shall become Your registered device and device details shall be stored by us. The moment You log into your Dosh Pay account from a different device using the Dosh Pay app, You will be asked to allow Dosh Pay to send an SMS from the new device, after which the new device becomes the registered device. You will not be able to access your Dosh Pay account using your previous device until you re-login and re-authorize yourself on that device.

YOUR CONDUCT ON WEBSITE(S) AND APPLICATION(S)

In order to access Dosh Pay Services, you are required to provide information about yourself as part of the signup process, or as part of your ability to use services provided by Us. You agree that any information you provide will always be accurate, correct, and up to date and some services may require you to share additional information which might include your personal information, personal sensitive information. Your information management shall be as per Dosh Pay Privacy Policy.

You shall promptly inform Dosh Pay of any unauthorized usage of your Dosh Pay account or loss of mobile device and any other circumstances which may lead to unauthorized usage of your Dosh Pay Account. The responsibility of any transaction prior to intimation, will solely be on the registered User;

You agree that in case any amount is transferred erroneously by You to any of the registered users, Dosh Pay shall not be liable to refund such amount to You under any circumstances.

You further agree that any web-link on the website to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.

You agree that if You provide any information that is incorrect, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is incorrect, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We, shall have the right to indefinitely suspend or terminate or block access to Dosh Pay Platform and/or take necessary steps in accordance with applicable Law without any further notice.

You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with your Dosh Pay account. Accordingly, you are responsible for all activities that occur under your account/is using your secure credentials and Dosh Pay shall not be liable for any such change or action performed by using your secure credentials on Dosh Pay Platform.

Attempting to access Dosh Pay Platform using any other means apart from ones provided by Us is strictly prohibited and shall be deemed unauthorized access, whether attempted or accessed through any automated, unethical or unconventional means. Further you should not directly or indirectly engage in any activity using device, software or any routine process that disrupts or interferes with our ability to service you or any other user(s) on Dosh Pay Platform, including the servers and/or networks to which our resources are located or connected. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by You, as explained above, and may incur criminal or civil liability.

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual or digital process, to access, acquire, copy or monitor any portion of the Dosh Pay Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Dosh Pay Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Dosh Pay Platform.

You shall not probe, scan or test the vulnerability of the Dosh Pay Platform or any network connected to the Us, You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Dosh Pay Platform, or any other customer, including any account on the Dosh Pay Platform not owned by You, or exploit the Dosh Pay Platform or any Dosh Pay Service or information made available or offered by or through the Dosh Pay Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Dosh Pay Platform.

You further agree that –

In the event of any dispute, Dosh Pay records shall be binding as the conclusive evidence of the transactions carried out through use of Dosh Pay Services.
Dosh Pay shall send all customer communications by SMS and/or email and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers.
Agree to receive all commercial messages including transactional messages from Dosh Pay.
To use the Dosh Pay Services in good faith and in compliance with all applicable laws and regulations.
You would be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any actions arising from online transactions on the Dosh Pay Platform.
Ensure that the Dosh Pay Services are not used for transactions in foreign currency, unless permitted for any Dosh Pay Service.

LINK OR UNLINK A PAYMENT METHOD

You can link or unlink certain payment methods such as a debit card, credit card, or bank account to your Dosh Pay account. Please keep your payment method information current (e.g. credit card number and expiration date). If this information changes, you may update it using information and third party sources available to you without any action on our part.

MAKING PAYMENTS

Payments on Dosh Pay platform can be made only between and amongst users who are designated as Registered users (“users”) on the Dosh Pay Platform.
You can send money to or request money from other Dosh Pay users using the ‘accept’ or ‘reject’ payments feature in your Dosh Pay account.
You can also request money from a Dosh Pay user by splitting certain purchases.
They will have to accept your request for payment before you are sent money.
Once they accept and acknowledge the payment request, they will be allowed to make the payment as requested by you.
All payment transactions received in or transferred out of your Dosh Pay account shall be in the form of a standard transfer to a bank account linked to your Dosh Pay account, facilitated by the UPI platform.

COMMUNICATION

Dosh Pay and Dosh Pay entities may communicate with you on the contact information that you may have provided to Us during the course of your engagement, including but not limited to signup, transacting or availing any third party products or services on Dosh Pay Platform.

We will send you communication alerts via emails or SMS or push notifications or via other progressive technology. You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your Phone being switched off, incorrect email address, network interruptions. You agree not to hold Dosh Pay liable for non-delivery for any alert or any loss suffered by you due to delay, distortion or failure of communication.

You further acknowledge that you are responsible for the contact details shared with Us and shall update us on any change on your contact details. You authorize Us to contact you and communicate with you for any Dosh Pay Service or Offer(s). We may use third party service providers to send alerts or communicate with you. You authorize Dosh Pay and Dosh Pay Entities to override the DND settings to reach out to you over calls, SMS, emails and any other mode of communication.

INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Dosh Pay or Dosh Pay entities as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

All material on this Dosh Pay website and mobile application, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights of Dosh Pay, Dosh Pay Entities or Business Partners. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

SUSPENSION/TERMINATION OF ACCOUNT

You agree that Dosh Pay at its sole discretion may terminate your contract without prior notice and restrict your access to Dosh Pay application if We determine that You have violated the terms of use or used the Dosh Pay platform for any activities prohibited under any local law in force at that time and upon enquiry it is found that you are in breach and You consent that in case Dosh Pay suffers losses, not limited to monetary losses, due to Your actions, We can take injunctive relief or any other legal action as deemed necessary within the said circumstances and Dosh Pay is not liable for any loss to You due to termination.

LIMITATION OF LIABILITY

Financial and non-financial transactions performed by You on Dosh Pay Platform is always processed by You or under Your exclusive authorization.

In no event will Dosh Pay be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise, exceed the amount paid by You for using the Services giving rise to the cause of action or Rupees One Hundred (Rs. 100) whichever is less.

INDEMNIFICATION

You shall indemnify and hold harmless Dosh Pay, Dosh Pay Entities, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

FORCE MAJEURE

A Force Majeure Event shall mean any event that is beyond the reasonable control of the Dosh Pay and shall include but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, Pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes ,acts of state, governmental, legal or regulatory actions prohibiting or impeding Dosh Pay or Dosh Pay Entities from performing its respective obligations under the contract.

DISPUTE, GOVERNING LAW AND JURISDICTION

This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms of Use, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts in ___________, ________ (STATE) shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the Dosh Pay Services /PA or other matters covered herein.

Disputes or differences or concerns if any should be raised within 30 days of happening or non-happening of an event related to Dosh Pay Services, except in case of unauthorised transactions on Your Dosh Pay account, which shall be reported by You as soon as You identify the issue and investigation for such disputes is subject to terms of use i.e. this agreement.

DISCLAIMERS

As part of this continual innovation and improvement, we sometimes may add or remove features and functionalities, increase, or decrease limits to our Dosh Pay Services, start offering new services or stop offering old ones on Dosh Pay Platforms. Such offering can also be due to discontinuation of any service or offering on Dosh Pay Platform by third party service providers or business partners.

We may record or monitor Our conventions with You for records and monitoring quality of our conversations.

Any content downloaded or otherwise obtained through the use of our Platform is done at your own discretion and risk, and We cannot confirm that such documents or contents are error or virus free and You understand and acknowledge that you are solely responsible for any damage to your devices, for any loss of data that may result from the download of such contents.

Except as expressly provided herein and to the full extent permitted by law, the Dosh Pay Services are provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the Dosh Pay Services and other information provided by Dosh Pay or generally available. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement.

If you have a dispute with other parties, you release Dosh Pay (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.