Terms and Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and amended from time to time. This electronic record is generated by an electronic system and does not require any physical or digital signatures.

The terms and conditions contained hereinafter ("TERMS OF USE") shall apply to the use of the website www.PayGoal.in and any other linked pages, products, software(s), API keys, features, content or application services in connection therewith, offered from time to time by PayGoal Business Solutions Private Limited ("PAYGOAL" or "WE" or "OUR" or "US") (collectively, "WEBSITE").

Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website ("SERVICES")) (hereinafter referred to as a "USER", "SELLER", "YOU" or "CLIENT") shall be presumed to have read these Terms and Conditions (which includes the Privacy Policy, separately put up on the Website) and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms and Conditions). These Terms and Conditions, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and PayGoal. These Terms and Conditions do not alter in any way the terms or conditions of any other written agreement you may have with PayGoal for other services.

Please read the terms set out hereunder carefully before agreeing to the same. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Website or other portals, or the Services being provided under these Terms and Conditions. You can accept the Terms and Conditions by clicking on accept or agree to the Terms and Conditions, where this option is made available to you by PayGoal in the User interface for any particular Service. In case of Accessing, testing or actually using the Services it is deemed that you have given your acceptance on the Terms and Conditions.

For the purpose of these Terms and Conditions, wherever the context so requires, the term "User" shall mean and include any natural or legal person who has agreed to these Terms and Conditions on behalf of itself or any other legal entity.

It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms and Conditions and should be read contemporaneously with the Terms and Conditions. Illegality or unenforceability of one or more provisions of these Terms and Conditions shall not affect the legality and enforceability of the other terms of the Terms and Conditions. Simply means, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms and Conditions shall be binding upon the User.

The Terms and Conditions may be revised or altered by us at our sole discretion at any time without any prior intimation to the User. The latest Terms of Use will be posted on its website www.PayGoal.in . Any such changes by PayGoal will be effective immediately. By continuing to use this Website or to access the Services / usage of our Services after changes are made, you agree to be bound by the revised/ amended Terms and Conditions and such amendments shall supersede all other terms of use previously accepted by the User. You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI (the "KYC GUIDELINES") etc., that may be applicable to you in connection with your business and use of our Services.

  1. Provision of Services

    1. PayGoal is constantly developing / innovating its existing / new product and services in order to provide the best possible experience and information to its Users. You acknowledge and agree that the form and nature of the Services which PayGoal provides may change from time to time without any prior notice to you.
    2. As part of this continuing process, you acknowledge and agree that PayGoal may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at PayGoal's sole discretion, without any prior notice.
    3. You acknowledge and agree that if PayGoal disables access to your account, you will be prevented from accessing the Services including your account details or any other information which is contained in your account whatsoever, and PayGoal shall intimate you regarding the same.
    4. PayGoal reserves the right to delete your User information stored in your account including but not limited to all or any personal information or any sensitive personal data or information stored in your User account.
    5. You acknowledge and agree that while PayGoal may not currently have set a fixed upper limit on the number of transmissions / communications you may send or receive through the usage of any Service, such fixed upper limits may be set by PayGoal at any time, solely at PayGoal's discretion without any prior intimation to the User.
    6. By using our Services you agree that PayGoal disclaims any liability or authenticity of any information that may have become outdated since the last time that particular piece of information was updated. PayGoal reserves the right to make changes and corrections to any part of the content of this Website at any time without any prior notice to you. 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. Please contact the Grievance Officer by an e-mail if you are the copyright owner of any content on this Website and you think the use of the above material violates the terms of the applicable Copyright law in any manner. In your request, please indicate the exact URL of the webpage to enable us to locate the same. We will endeavour to address your concerns and take necessary steps, if required. Please note that all images displayed on the Website have been digitised by PayGoal. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written permission of PayGoal.
    7. PayGoal acknowledges and represents that it is and shall remain Payment Card Industry Data Security Standard ("PCI DSS") certified. Further, PayGoal shall maintain compliance with PCI DSS Standard or other comparable industry standards governing physical/ logical security cardholder data across PayGoal environment and ensure that the card holder's data is secured in accordance with the standards.
  2. Terms for usage of Services

    1. In order to access Services offered by PayGoal, you may be required to open a User account with PayGoal by providing information about yourself (such as identification or contact details) as part of the registration process ("REGISTRATION DATA") for the Services, or as part of your continued use of the Services. You agree that any Registration Data you give to us will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is in violation of applicable law or not in accordance with the Terms and Conditions (whether wholly or in part), we reserve the right to reject your registration and/ or indefinitely suspend or terminate your User account and refuse to provide you access to the Website and all / any services offered by us. Further, you agree to indemnify and keep us indemnified from and against all claims resulting from the use of any detail/ information/ Registration Data that you post and/ or supply to us. We shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior intimation to you.
    2. The registration on the website does not in any event empower You to use the Services unless You have accepted the appropriate agreement for Services. The terms and conditions for the rendition of Services shall be governed by another appropriate agreement such as a payment aggregation service agreement or a payout service agreement.
    3. However, for any reason whatsoever You choose to activate the Services without first accepting the appropriate agreement, in that case, it would be deemed that You have also accepted the appropriate terms of the agreement impliedly by Your conduct to accept the Services. You would, in that case, be bound by the appropriate terms of the relevant agreement in relation to the Services and We shall have all right, title, and interest in enforcing the terms and conditions of such appropriate agreement.
    4. Notwithstanding anything else contained in any other agreement involving you and PayGoal and/ or any other third party, in order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.
    5. Any amendment or rectification of your Registration Data in the User account can be carried out by informing us on . Processing any modification may take some time, but the same shall be done by PayGoal in a reasonable time frame. We may maintain backup of all User content for such time as may be required under applicable laws and for operational purposes of PayGoal. You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure on your part to protect your login ID or password or any other credential pertaining to your account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at support@PayGoal.in. In the event of any dispute between two or more parties as to ownership of any particular account with PayGoal, you agree that PayGoal shall be the sole arbitrator for such dispute and that PayGoal's decision in this regard will be final and binding on you.
    6. You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
      1. Belongs to another person and to which you do not have any right to;
      2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, seditious, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
      3. Harms minors in any way;
      4. Infringes any patent, trademark, copyright or other proprietary rights of any person or entity anywhere in the world;
      5. Violates any law for the time being in force;
      6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      7. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      8. Impersonates another person;
      9. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      10. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
      11. Is illegal in any other way.
    7. You agree and understand that PayGoal reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Website, you are requested to immediately contact us at support@PayGoal.in.
    8. You agree to use the Services only for purposes that are permitted by (a) these Terms and Conditions and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
    9. You agree to use the data owned by PayGoal (as available on the Website or through any other means like API(s) etc.) only for personal purposes and not for any commercial use unless agreed to by PayGoal in writing.
    10. 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 PayGoal, unless you have been specifically allowed to do so in a separate agreement with PayGoal. 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.
    11. 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) on this Website.
    12. Unless you have been specifically permitted to do so in a separate agreement with PayGoal, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
    13. You agree that you are solely responsible for (and that PayGoal has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which PayGoal may suffer) of any such breach. You further agree to the use of your data by us in accordance with the Privacy Policy.
    14. PayGoal may share any Content (defined hereinafter) generated by the User or their Registration Data with governmental and regulatory agencies who are lawfully authorised for investigative, protective and cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, audit, investigation, prosecution pertaining to cyber security incidents and punishment of offences under any law for the time being in force.
    15. If you have opted for use of PayGoal's 'subscriptions' product (as and when available) by virtue of which your customers have set up a standing instruction ("RECURRING PAYMENT INSTRUCTION") to charge his/ her chosen payment method (such as credit card, debit card or bank account) as per the billing cycle communicated by you to PayGoal, then you consent that the relevant amount will be charged to such payment method as per the billing cycle communicated to PayGoal. You agree that PayGoal shall continue to charge the relevant amount to the relevant customer's chosen payment method as per such billing cycle until you or the customer terminates the Recurring Payment Instruction.
    16. You further agree that if the customer revokes his/ her consent to the Recurring Payment Instruction then you shall inform us of the revocation in writing for us to cease processing the Recurring Payment Instruction forthwith upon the revocation but no later than 15 (Fifteen) days prior to the next instance of charge to the customer. If such intimation of revocation of Recurring Payment Instruction is made less than 15 (Fifteen) days prior to the next instance of charge to the customer or is not made at all, PayGoal shall not be liable for any charge applied to the customer for that month pursuant to the revocation or not be liable at all, as applicable. You agree to make good any losses suffered by us on account of demands or claims from customers arising as a consequence of your failure in notifying us about a customer's revocation of the Recurring Payment Instruction.
  3. Eligibility

    1. Any person who is above eighteen (18) years of age and competent to contract under the applicable laws is eligible to access or visit the Website or avail the Services displayed therein. Your use or access of the Website shall be treated as your representation that you are competent to contract and if you are registering as a business entity, then you represent and warrant that you have the authority to bind such business entity to the Terms and Conditions. Without generality of the foregoing, use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872 and any amendments thereto.
    2. The User represents and warrants that it will be financially responsible for all of User's usage (including the purchase of any Service) and access of the Website. The User shall also be responsible for use of User's account by others. The Terms and Conditions shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.
  4. Intellectual Proprietary Rights

    1. “Intellectual Property Right” means any and all patents, copyrights, trade secret rights, trademark rights, design rights, software code, and other proprietary or similar rights in intellectual property, existing now or in the future, including the rights to secure registrations, renewals, and extensions thereof.
    2. You acknowledge and agree that PayGoal (or PayGoal's licensors) owns all legal and proprietary 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). You further acknowledge that the Services may contain information which is designated confidential by PayGoal and that you shall not disclose such information without PayGoal's prior written consent.
    3. The structure, colour, and other creative details of the PayGoal platform are proprietary to PayGoal and You will not have any authority to claim any intellectual property rights, title, or interest in the creative details of the user interface of the Dashboard.
    4. Unless you have agreed otherwise in writing with PayGoal, nothing in the Terms and Conditions gives you a right to use, apply, invade or in any manner exploit or infringe any of PayGoal's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
    5. Unless you have been expressly authorized to do so in writing by PayGoal, 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. Simply means, the Parties undertake not to infringe the Intellectual Property Rights of any third party.
    6. You acknowledge that upon expiry or termination of this agreement, you shall have no right whatsoever in connection with the Intellectual Property of any PayGoal's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
    7. It is agreed between the Parties that during the Term any promotion or publicity of the Service would always carry 'Merchant' and 'PayGoal' service marks or the appropriate Merchant and PayGoal marks as may be agreed between the Parties.
  5. Compliance with anti-bribery, anti-corruption laws and mandates of the OFAC

    1. User agrees and unconditionally undertakes to comply with all applicable commercial and public anti-bribery and anti-corruption laws (including but not limited to the provisions of Foreign Corrupt Practices Act, 1977, UK Bribery Act, 2010, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto) which prohibit the User, its/ his/ her officials, representatives, agents or any other person associated with or acting on behalf of such User from giving, offering, promising to offer, receiving/ accepting or acting in any other manner so as to induce a payment, gift, hospitality or anything of value (either directly or indirectly) whether from within the country or from abroad to government officials, publics servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties or office bearers thereof or any other third party or person in order to obtain an improper commercial/business advantage of any kind. Government Officials include any government employee, candidate for public office, an employee of government - owned or government -- controlled companies, public international organisation and political parties. User also agrees not to give, offer, pay, promise or authorise to give or pay, directly or through any other person, anything of value to anybody for the purpose of inducing or rewarding any favourable action or influencing a decision in favour of the User. The User also unconditionally agrees and undertakes that it is compliant with and shall do/ undertake all acts necessary to continue to be compliant with the provisions of 'The Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation', RBI, as amended from time to time.
    2. User undertakes that it shall, during the use of the Services, be in compliance with the mandates of OFAC and acknowledges that the User has not directly or indirectly lent, contributed or otherwise made available funds to any of its affiliates, joint venture partners or any other person or entity for the purpose of financing the activities of any person currently subject to the OFAC Specially Designated Nationals List (SDN), Consolidated Sanctions List and the Additional OFAC Sanctions List, as amended from time to time. For the purpose of this paragraph 7, OFAC means the Office of Foreign Assets Control constituted under the laws of the United States of America.
  6. Exclusion of Warranties

    1. Nothing in these Terms and Conditions, shall exclude or limit your warranty or liability for losses unless they are excluded or limited by applicable law. 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. 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. PayGoal disclaims any implied warranty for Services and any use thereof.
    2. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis. In particular, PayGoal, it’s affiliates, and its licensors do not represent or warrant to you that:
      1. The information or Contents provided on the Website are accurate, complete and updated;
      2. Your use of the Services will meet your requirements;
      3. Your use of the Services will be uninterrupted, timely, secure or free from error;
      4. Any information obtained by you as a result of your use of the Services will be accurate or reliable; and
      5. That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
    3. 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.
    4. No advice or information, whether oral or written, obtained by you from PayGoal or from the use of Services shall create any warranty not expressly stated in these Terms of Use.
    5. PayGoal 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.
  7. Representations and Warranties of User/ seller

    The User/ seller hereby represents and warrants:

    1. That User/ seller, in case of a natural person, is at least 18 years old with a conscious mind fit and proper to enter into this agreement (the "Policies"), is a resident of India with valid credentials and is an entity who is legally eligible to carry out or operate a business in India;
    2. That User/ seller has the requisite power and authority to execute, deliver and perform this Agreement and that this Agreement has been duly and validly authorized, executed, and delivered by it;
    3. The execution and delivery of the Agreement and the consummation of the transactions contemplated herein do not breach its organizational documents or any law, provisions of any contract or order of court applicable to it and do not require any applicable governmental approval;
    4. That the all the information and documents pertaining to his/ her identity and address proof, as submitted for the purpose of know your client (KYC) verification with PayGoal are true and genuine and are not fabricated or doctored in any way whatsoever; That the User shall hold and keep PayGoal, its promoters, directors, employees, officials, agents, subsidiaries, affiliates and representatives harmless from any liabilities arising in connection with any incidental or intentional discrepancy that is found to be there in the documents submitted by such User for the purpose of KYC formalities;
    5. That any incidental or upfront liability arising in connection with User's/ seller's KYC formalities for the purpose of availing the services of PayGoal shall be the absolute responsibility and repercussion of the User and neither PayGoal nor any of its affiliates or office bearers shall be responsible in any way for any reason including for ascertaining the veracity of the KYC documents submitted by such User with PayGoal;
    6. That User/ seller shall be solely responsible for understanding and complying with any and all applicable laws relevant to the User and their business, and any liability, whether pecuniary or otherwise, arising from any non-compliance of such applicable laws shall be at the sole cost and risk of such User;
    7. That the User shall ensure that its IT systems and infrastructure are compliant with the mandates of PCI-DSS and Payment Application-Data Security Standard, as applicable to it;
    8. That the User/ seller shall operate and conduct his/ her business as per declaration provided by such User to PayGoal at the time of onboarding of such User by PayGoal and shall promptly report any change/ deviation/ addition/ deletion in the scope of business activities of such User to PayGoal;
    9. That all data, information, inventions, intellectual properties (including patents, trademarks, copyrights, design and trade secrets), know-how, new uses and processes, and any other intellectual property right, asset or form, including, but not limited to, analytical methods, procedures and techniques, research, procedure manuals, financial information, computer technical expertise, software for the purpose of availing of services of PayGoal and any updates or amendments thereto is and shall be the sole intellectual property of PayGoal and should in no way be construed to grant any rights and/ or title to the User in such intellectual property of PayGoal;
    10. That User/ seller shall not store any customer card and such related date in any form or manner whatsoever on their websites/ servers;
    11. That it shall be the exclusive responsibility of the User to ensure that the correct line of business of the User is declared along with merchant category code (MCC) and that PayGoal reserves the right to withhold settlements and/ or suspend transactions of the User in case of any mismatch or violation in its MCC declaration; and
    12. That the User/ seller shall accord adequate and timely co-operation in allowing PayGoal or it's appointed agencies or regulators to conduct audits, including for compliance with the Policies and provisions of applicable laws.
    13. The Merchant represents, warrants, and declares that it is not engaged in any business which is outlined in the list of restricted line of business and shall not during the term of the Agreement indulge in business stated in the list of restricted line of business.
  8. Indemnity

    1. The User shall indemnify and hold PayGoal, it, affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with PayGoal in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:
      1. Fraud, negligence and wilful misconduct by the User in the use of the Services;
      2. Violation of applicable laws in the use of the Services and/ or in the conduct of the business of the User;
      3. Breach of the User's confidentiality obligations under these Terms and Conditions;
      4. Disputes raised by a User's customer in relation to a transaction where such dispute is not attributable to the Services;
      5. Penalties, fines, charges, or any other actions as a result of breach or violation of any the User's representations and warranties; and
      6. Fines, penalties and charges imposed by the Acquiring Bank, Card Payment Networks or any Governmental Authority on account of transactions on the User's website or platform that are in violation of applicable law.
    2. In the event of a dispute raised by PayGoal in relation to indemnities as stated in this clause, the amount as claimed as indemnities by the indemnified party (i.e. PayGoal) shall be deposited by the indemnifying party (i.e. Merchant) with the arbitrator so appointed in terms of the Agreement on the first hearing of the arbitration to secure the claims of the indemnified party. c. The clause relating to indemnity shall survive even after the termination of this Agreement.
  9. Limitation of Liability

    1. Subject to the overall provisions stated above, you expressly understand and agree that PayGoal, its affiliates, promoters, directors, employees, agents and licensors shall not be liable to you for:
      1. Any direct, indirect, incidental, special, consequential, punitive 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;
      2. any special, incidental, indirect or consequential or direct damages, damages from loss of profits or business opportunities even if the Merchant shall have been advised in advance of the possibility of such loss, cost or damages;
      3. 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 advertisement appears on the Services;
      4. 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;
      5. Your failure to provide PayGoal with accurate Registration Data; or
      6. Your failure to keep your password or account details secure and confidential.
    2. The limitations on PayGoal’s liability to you shall apply whether or not PayGoal has/ had been advised of or should have been aware of the possibility of any losses to you.
    3. Notwithstanding anything stated under Agreement executed between you and PayGoal, including the obligation to indemnify the Merchant, the aggregate liability of PayGoal to the Merchant from any cause whatsoever shall not, in any event, exceed the sum equivalent to the preceding one (1) week’s aggregate Margin earned by PayGoal under this agreement from the date of occurrence of such liability.
  10. Force Majeure

    1. PayGoal shall not be in breach of its obligation hereunder if it is delayed in the performance of, or is unable to perform (whether partially or fully) its obligations (provide the Services) as a result of the occurrence of a Force Majeure Event (defined below).
    2. Force Majeure Event means any event, whatever be the origin, not within the reasonable control of PayGoal, which PayGoal is unable to prevent, avoid or remove or circumvent by the use of reasonable diligence. Force Majeure event shall include, but shall not be limited to, acts of god, acts, orders, directions of governmental/ regulatory/ judicial/ quasi-judicial/ law enforcement authorities/ agencies which hinders PayGoal from performing its obligations under any agreement, including these Terms of Use, with you, war, hostilities, invasion, armed conflict, act of foreign enemy, embargoes, riot, insurrection, labour stoppages, outages and downtimes systems failures experienced by a facility provider, revolution or usurped power, acts of terrorism, sabotage, nuclear explosion, earthquake, pandemic, epidemic, hacking or man in the middle attack or similar attacks/ intrusions, fires, typhoons, storms and other natural catastrophes.
    3. Any payment obligations of PayGoal, in case of a Force Majeure event, shall be limited by and be subject to the fulfilment of the payment obligations of the partners banks/ financial institutions, counterparties and any other parties involved in or intrinsically linked to the provision of the Services of PayGoal.
  11. Confidentiality

    1. The User may receive or have access to certain confidential and proprietary information, including without limitation, information belonging and/or relating to PayGoal and its affiliates, marketing prospects, contractors, officers, directors or shareholders, personal data of customers of the User, financial and operational information, billing records, business model and reports, computer systems and modules, secure websites, reporting systems, marketing strategies, operational plans, proprietary systems and procedures, trade secrets and other similar proprietary information, including technical "know-how", methods of operation, business methodologies, software, software and technology architecture, networks, any other information not generally available to the public, and any items in any form in writing or oral, clearly identified as confidential ("CONFIDENTIAL INFORMATION").
    2. The User shall keep Confidential Information in confidence. The User shall use commercial, reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of the Confidential Information from public disclosure, and the User shall at all times maintain appropriate measures to protect the security and integrity of the Confidential Information. The User shall not, without PayGoal's prior written consent, divulge any of the Confidential Information to any third party other than the User's officers, employees, agents or representatives who have a need to know for the purposes of these Terms and Conditions. The User shall take all reasonable steps to ensure that all of its directors, managers, officers, employees, agents, independent contractors or other representatives comply with this whenever they are in possession of Confidential Information as part of this Agreement. The User shall use the Confidential Information solely in furtherance of and in connection with the Services contemplated under these Terms of Use. The User further agrees that the Confidential Information will not be used by him/ her and his/ her representatives, in any way detrimental to the interests of PayGoal.
    3. The User hereby unconditionally and irrevocably agrees and undertakes to take all necessary measures to ensure that the User's website or any other computer system that is being used to effect Transactions by the usage of Services, do not store/ save any customer card or any other such related data. You further undertake that you shall be responsible for ensuring complete and absolutely privacy, anonymity and security of all customer data flowing through your systems during the usage of the Services by you.
    4. Exceptions: The aforesaid confidentiality obligations shall impose no obligation on the User with respect to any portion of Confidential Information which:
      1. Was at the time received or which thereafter becomes, through no act or failure on the part of the User, generally known or available to the public;
      2. Was at the time of receipt, known to the User as evidenced by written documentation then rightfully in the possession of the User or PayGoal;
      3. Was already acquired by the User from a third party who does not thereby breach an obligation of confidentiality to PayGoal and who discloses it to the User in good faith;
      4. Was developed by the User without use of the PayGoal’s Confidential Information in such development; or
      5. Has been disclosed pursuant to the requirements of applicable law, any governmental/ regulatory authority, judicial/ quasi-judicial authority provided however, that PayGoal shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order.
    5. The User shall notify PayGoal immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach. The User will cooperate with PayGoal in every reasonable way to help PayGoal regain possession of such Confidential Information and prevent its further unauthorized use.
    6. Remedies: Parties acknowledge that irreparable damage may occur on breach of the terms and provisions. Accordingly, if the User breaches or threatens to breach any of the provisions set out, then PayGoal shall be entitled, without prejudice, to seek all the rights and remedies available to it under applicable law, including a temporary restraining order and an injunction restraining any breach of the provisions. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available under applicable law or in equity.
    7. Merchant shall ensure that either the Merchant or any of its employees shall not reverse engineer, decompile or disassemble any software shared/disclosed by PayGoal.
  12. Fraudulent Transactions

    1. You shall not engage in any form of fraudulent transactions and use the Services of PayGoal for perpetrating a criminal offense in any manner thereof. Any scheme or structure to defraud the customer by You while using Services of PayGoal shall be reported to the relevant law enforcement authorities. PayGoal shall also keep a right to withdraw such Services in such a case.
    2. If PayGoal is intimated, by the Acquiring Bank or a Card Payment Network, that a customer has reported an unauthorised debit of the customer's payment instrument ("FRAUDULENT TRANSACTION"), then PayGoalshall be entitled to suspend the settlement of the amount associated with the Fraudulent Transaction during the pendency of inquiries, investigations and resolution thereof by the Acquiring Bank or the Card Payment Network.
    3. If the Fraudulent Transaction results in a Chargeback, then the Chargeback shall be resolved in accordance with the provisions relating to Chargeback as set out by the terms of the agreement.
    4. If the amount in respect of a Fraudulent Transaction has already been settled to the User pursuant to these Terms of Use, any dispute arising in relation to the said Fraudulent Transaction, following settlement, shall be resolved in accordance with the RBI's notification RBI/DPSS/2019-20/174 DPSS.CO.PD.No.1810/02.14.008/2019-20, dated March 17, 2020, DBR.No.Leg.BC.78/09.07.005/2017-18, dated July 6, 2017 read with RBI's notification DBOD. LEG. BC 86/09.07.007/2001-02 dated April 8, 2002 and other notifications, circulars and guidelines issued by the RBI in this regard from time to time.
    5. Further, PayGoal also reserves the right to close, suspend, limit or put on hold the access to Your account with PayGoal and/ or the funds available therein, including Settlements Amount under inter alia the following scenarios:
      1. If such Your KYC credentials are found to be ingenuine or fake.
      2. If You make an incorrect or untrue disclosure of the nature of its business, resulting in a merchant category code violation.
      3. For violation of any of the provisions of these Terms and Conditions.
      4. For violation of any of the provisions of any other agreement that the Merchant has entered into or might enter into with PayGoal; and
      5. For violation of any of the applicable laws by the Merchant.
    6. Such right to close, suspend, limit or put on hold the Merchant's access to the account with PayGoal shall continue till such time that the Merchant submits genuine KYC documents or credentials to the satisfaction of the relevant authorities as per the extant rules, regulations or guidelines with regard to KYC, as well as to the satisfaction of PayGoal without prejudice to any other legal remedy that PayGoal is entitled to prefer as per applicable law.
    7. It is agreed between the Parties that in the event any amount to be received from the Merchant by PayGoal due to excessive chargeback or refund or any other issues relating to any complaints of the Merchant’s Customers and is over and above the amount which has been withheld by PayGoal, PayGoal shall have a right to raise an invoice relating to such payments to be made and the Merchant agrees to make payments of such invoice within a period of 7 (seven) days of receiving the invoice. Such unpaid amounts by the Merchant shall be subject to interest, chargeable at the rate of twelve percent (12 %) per month after the expiry of 7 days.
  13. Authorisation

    1. By accepting these Terms and Conditions, you authorise us to hold, receive, disburse and settle funds on your behalf. Your authorisation permits us to generate an electronic funds transfer between the payment system providers and the escrow account to process each payment transaction that you authorise.
    2. 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 ("ACQUIRING BANK"). Your authorisation will remain in full force and effect until your PayGoal account is closed or terminated.
  14. Card Association Rules

    1. "CARD PAYMENT NETWORK RULES" refer to the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed and adopted by the Card Payment Networks. These Card Payment Networks have infrastructure and processes to enable transaction authorisation. The Card Payment Networks require you to comply with all applicable guidelines, rules, and regulations formulated by them.
    2. The Card Payment Networks reserve the right to amend their guidelines, rules and regulations. We may be required to amend modify or change these Terms and Conditions pursuant to amendments to the Card Payment Network Rules and such amendments, if any, shall be deemed to be binding on the Users with immediate effect.
    3. You agree to fully comply with all programs, guidelines, requirements that may be published and/ or mandated by the Card Payment Networks. Notwithstanding our assistance in understanding the Card Payment Network Rules, you expressly acknowledge and agree that you are assuming the risk of compliance with all provisions of the Card Payment Network 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.
    4. In the event that your non-compliance of Card Payment Network Rules, results in any fines, penalties or other amounts being levied on or demanded of us by a Card Payment Network, 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 or spent by us in any manner in relation to such fines, penalties and levies. If you fail to comply with your obligations towards the Card Payment Networks, PayGoal may suspend settlement or suspend/ terminate the Services forthwith.
  15. Settlements

    1. In consideration of the Services rendered by us, you shall pay PayGoal a fee ("FEE"). PayGoal reserves the right to revise the Fee periodically and will intimate you of any such change within reasonable time. On receipt of the payments in the escrow account, we will endeavour to instruct the escrow bank to transmit the payments payable to the seller, after deducting our Fee, from the escrow account to the seller's designated bank account, within such period as may be prescribed by the Reserve Bank of India from time to time from completion of transaction. Subject to any other provisions of these Terms and Conditions and completion of transaction, the seller acknowledges that we will settle the payments only upon actual receipt of payments in the escrow account and upon reconciliation of the payments by the Acquiring Banks, our payment gateway and the escrow bank. The seller will bear and be responsible and liable for the payment of all relevant taxes in relation to the payments made under these Terms and Conditions.
    2. Sellers receive the amount after deducting PayGoal's Fee in their bank account within T+X bank working days where T is defined as the date of intimation of the completion of the transaction and X as period as may be prescribed by the Reserve Bank of India from time to time from completion of transaction for settlement. PayGoal shall be entitled to charge on the Fee, taxes applicable from time to time ("APPLICABLE TAXES"). It is agreed that any statutory variations in Applicable Taxes during the subsistence of this Agreement shall be borne by the User. Monthly invoices shall be raised by us in respect of the Fees charged for transactions processed during such month. Any reasonable dispute in respect of an amount (or a portion thereof) mentioned in an invoice must be communicated by the User on accounts@PayGoal.in within a reasonable period of time but no later than ten (10) calendar days from the date of the invoice. PayGoal shall use good faith efforts to reconcile any reasonably disputed amounts within reasonable time from the receipt of the mail.
    3. In respect of invoices received by the Client, it is agreed that if the User pays over applicable taxes under the Indian Income Tax laws and furnishes to us the TRACES certificate in respect of such taxes paid, then we shall reimburse to the User, on a yearly basis, the amount in respect of such taxes paid.
    4. Once a payment is authenticated by payment service providers, money shall be moved to the escrow account and the first settlement shall be initiated only after all required documents (in hard copies) are received by PayGoal.
    5. All risks associated with the delivery of the goods or service will solely be that of the seller and not of PayGoal. Also, all disputes regarding quality, merchantability, non-delivery, delay in delivery or otherwise will be directly between the seller and the buyer without making PayGoal and/ or the payment service providers, a party to such disputes.
    6. Further, PayGoal also reserves the right to close, suspend, limit or put on hold the User's access to the account with PayGoal and/ or the funds available therein, including settlements pertaining to the User under inter alia the following scenarios:
      1. If such User's KYC credentials are found to be ingenuine or fake;
      2. If the User makes incorrect or untrue disclosure of the nature of its business, resulting in a merchant category code violation;
      3. For violation of any of the provisions of these "Terms and Conditions";
      4. For violation of any of the provisions of any other agreement that the User has entered into or might enter into with PayGoal; and
      5. For violation of any of the applicable laws by such User.
    7. Such right to close, suspend, limit or put on hold the User's access to the account with PayGoal shall continue till such time that such User submits genuine KYC documents or credentials to the satisfaction of the relevant authorities as per the extant rules, regulations or guidelines with regard to KYC, as well as to the satisfaction of PayGoal without prejudice to any other legal remedy that PayGoal is entitled to prefer as per applicable law.
    9. In the event, Merchant has chosen to avail of the Payout Services then in that event, PayGoal shall transfer the funds on the instructions of the Merchant to third parties. PayGoal shall not be responsible in case funds are settled incorrectly provided PayGoal has followed the instructions of the Merchant correctly.
  16. Prohibited / Restricted Category Services

    1. You agree that you will not accept payments in connection with businesses, business activities or business practices, including but limited to the following:
      1. Adult goods and services which include pornography and other sexually suggestive materials (including literature, imagery and other media), escort or prostitution services, website access and/or website memberships of pornography or illegal sites;
      2. Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne etc.;
      3. Body parts which include organs or other body parts;
      4. Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam);
      5. Cable descramblers and black boxes which include devices intended to obtain cable and satellite signals for free;
      6. Child pornography which includes pornographic materials involving minors;
      7. Copyright unlocking devices which include 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;
        • Counterfeit and unauthorized goods which include replicas or imitations of designer goods, items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods;
        • Drugs and drug paraphernalia which include illegal drugs and drug accessories, including herbal drugs like marijuana, salvia and magic mushrooms etc.;
        • Drug test circumvention aids which include drug cleansing shakes, urine test additives, and related items;
        • Endangered species which include plants, animals or other organisms (including product derivatives) in danger of extinction;
        • Gaming/ gambling which include lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
        • Government IDs or documents which include fake IDs, passports, diplomas, and noble titles;
        • Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property;
        • Illegal goods which include materials, products, or information promoting illegal goods or enabling illegal acts;
        • Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes;
        • Offensive goods which include literature, products or other materials that inter alia :
          • Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors;
          • Encourage or incite violent acts; or
          • Promote intolerance or hatred.
          • Offensive goods which include crime scene photos or items, such as personal belongings, associated with criminals;
          • Pyrotechnic devices, combustibles, corrosives and hazardous materials which include explosives and related goods, toxic, flammable, and radioactive materials and substances;
          • Regulated goods which include air bags, batteries containing mercury, freon or similar substances/ refrigerants, chemical/ industrial solvents, government uniforms, car titles, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides, postage meters, recalled items, slot machines, surveillance equipment, goods regulated by government or other agency specifications;
          • Securities which include government and/ or public sector unit bonds, stocks, debentures or related financial products;
          • Tobacco and cigarettes which include cigarettes, cigars, chewing tobacco, and related products;
          • Traffic devices which include radar detectors/ jammers, license plate covers, traffic signal changers, and related products;
          • Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, gun powder or explosive mixtures and other armaments;
          • Wholesale currency which includes discounted currencies or currency exchanges;
          • Live animals or hides/ skins/ teeth, nails and other parts etc. of animals;
          • Multi-level marketing collection fees;
          • Matrix sites or sites using a matrix scheme approach;
          • Work-at-home approach and/ or work-at-home information;
          • Drop-shipped merchandise;
          • 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 India;
          • The User providing services that have the potential of casting the payment gateway facilitators in a poor light and/ or that may be prone to buy and deny attitude of the cardholders when billed (e.g. adult material/ mature content/ escort services/ friend finders) and thus leading to chargeback and fraud losses;
          • Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. web-based telephony, website supplying medicines or controlled substances, website that promise online match-making);
          • Businesses out rightly banned by law (e.g. betting & gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/ communal tensions, lotteries/ sweepstakes & games of chance;
          • Businesses dealing in intangible goods/ services (e.g. software download/ health/ beauty Products), and involved in pyramid marketing schemes or get-rich-quick schemes;
          • Any other product or service, which in the sole opinion of either the Acquiring Bank, is detrimental to the image and interests of either of them/ both of them, as communicated by either of them/ both of them to the User from time to time. This shall be without prejudice to any other terms & conditions mentioned in these Terms of Use;
          • Mailing lists;
          • Virtual currency, cryptocurrency, prohibited investments for commercial gain or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world;
          • Money laundering services;
          • Database providers (for tele-callers);
          • Bidding/ auction houses;
          • Activities prohibited by the Telecom Regulatory Authority of India; and
          • Any other activities prohibited by applicable law.

          The above list is subject to additions/ amendments (basis changes/ amendments to applicable laws) by PayGoal without prior intimation to you.

  17. Transaction Disputes

    1. Transactions may be disputed anytime within time period, from the date of transaction by a buyer, as per the Card Payment Network Rules. Disputes resolved in favour of a buyer may result in reversal of payment to such buyer ("CHARGEBACK"). In the event of rejection/ suspension of payments to the seller, chargebacks, refunds and/or any other dispute relating to the transactions contemplated under these Terms and Conditions ("DISPUTED TRANSACTION"), on any grounds whatsoever, we will forthwith notify the seller of the same.
    2. On such notification the seller will conduct an internal review of such matter and will, within 3 (three) working days from receipt of notification, respond to us in writing either:
      1. Requesting us to refund Refund Request the payment received by the seller in respect of such Disputed Transaction Refund Monies; or
      2. 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.
      3. All refunds shall be made to the original method of payment. In the event that the seller provides a Refund Request to us or fails to contest such Disputed Transaction within the aforesaid 3 (three) working days or contests Disputed Transaction without providing supporting documentation to us, payment service providers, Card Payment Network and/ or issuing institution's satisfaction, we will be entitled to recover the Refund Monies from credits subsequently made to the escrow account with respect to payments made by the seller's buyers.
      4. In the event that we are unable to recover the Refund Monies as aforesaid, due to the amounts credited to the escrow account being lower than the Refund Monies, PayGoal shall be entitled to recover such Refund Monies (or any part thereof) from the User by (i) raising a debit note in respect of such monies; and/ or (ii) setting-off the remaining Refund Monies against the future payables to the seller and refund the same to the respective buyers. The seller will be liable to make payment of the Refund Monies or part thereof which has not been recovered by us forthwith. 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 seller, buyer or any other person. Further, the maximum amount of the Chargeback payable by PayGoal to the buyer will be the value of the transaction only.
      5. Notwithstanding anything to the contrary in these Terms, if the Acquirer or the Issuer charges the Chargeback Amount to PayGoal, then the Client/ You agrees and acknowledges that PayGoal is entitled to charge such Chargeback Amount to the Client/ You by way of deduction from the Transaction Amounts to be settled to the Client/ You.
  18. Disclaimer

    1. PayGoal will make all reasonable efforts to provide uninterrupted service subject to downtime and regular maintenance. However, notwithstanding anything in this Agreement, the Merchant acknowledges that PayGoal Site, PayGoal Services, and the Acquiring Bank’s Services may not be uninterrupted or error-free or free from any virus or other malicious, destructive, or corrupting code, program, or macro and Cashfree and the Acquiring Bank disclaim all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of the services for a particular purpose.
    2. The Merchant also acknowledges that the arrangement between one or more Acquiring Banks and PayGoal may terminate at any time and services of such Acquiring Banks may be withdrawn. PayGoal shall not be liable to the Merchant for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, because of loss of data; interruption or stoppage to the Customer’s access to and/or use of the Merchant Site, PayGoal Services, interruption or stoppage of PayGoal Site, hacking or unauthorized access to the PayGoal Services, non-availability of connectivity between the Merchant Site and PayGoal Site, etc.
    3. PayGoal shall not be responsible for any losses sustained through (i) the use of counterfeit or stolen bank cards, or stolen devices; (ii) fraudulent electronic transactions; or (iv) quality and service-related claims pertaining to the Merchant services.
    4. In addition PayGoal and/or Acquiring Banks shall have no liability for any failure or delay in performing its obligations under this facility if such failure or delay: (i) is caused by the Merchant’s acts or omissions; (ii) results from actions taken by PayGoal or the Acquiring Banks in a reasonable good faith to avoid violating a law, rule or regulation of any governmental authority or to prevent fraud on cardholders/accounts; or (iii) is caused by circumstances beyond PayGoal control, including but not limited to vandalism, hacking, theft, phone service disruptions, Internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of Force Majeure event.
    5. PayGoal’s sole obligation and the Merchant’s sole and exclusive remedy in the event of an interruption in PayGoal Site, or loss of use and/or access to PayGoal Site, the Acquiring Banks Services, shall be to use all reasonable endeavours to restore the Services as soon as reasonably possible.
  19. Others

    1. Unless otherwise expressly stated in this Terms and Conditions, the failure to exercise or delay in exercising a right or remedy under this Terms and Conditions shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms and Conditions shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
    2. If any provision of this Terms and Conditions is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions of this Terms and Conditions unlawful or otherwise ineffective, the remainder of this Terms and Conditions shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
  20. Governing Law, Settlement of Disputes and Jurisdiction

    These Terms and Conditions and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of these Terms and Conditions or in connection with these Terms of Use may be brought EXCLUSIVELY in the competent courts/ tribunals having jurisdiction in Delhi, India and the Users irrevocably submit themselves to the jurisdiction of such courts/ tribunals.

  21. Privacy / Complaints / Regulatory / Grievance Redressal



    ADDRESS: OFFICE NO. 401/403/405/407, 4TH FLOOR, ANTRIKSH BHAWAN, 22K.G. MARG, DELHI - 110001
    E-MAIL: grievance@PayGoal.in