Terms And Conditions

Terms and Conditions

Your access to and use of the Services (described below) offered by Rarecard Technology's PVT LTD, (we), (us), or (our) are governed by these Terms. Please carefully read these Terms before accessing the Services or using them. These Terms contain the terms of the Payment Partner, which are described below, as well as our privacy policy, which can be found in (the "Privacy Policy"). You agree to be bound by these Terms by accessing and using the Services, which creates a binding contract between you and Rarecard Pay. You are not allowed to access or use the Services if you do not agree to these Terms.

REGISTRATION

You must set up an account on the Platform with a username and password associated with your phone number and email address to utilize the Services ("Account").

You consent to take reasonable measures to impose access restrictions on (a) any device linked to the phone number or email address associated with your Platform Account and (b) any device linked to the same. 

Your username and password, which you obtained when you made an account, must be kept confidential. Any leak, unauthorized use, or other security lapse concerning your Account must be reported right away to us.

We reserve the right to revoke any passwords or other codes you use to access the Platform or to identify your actions on the Platform if we feel you have broken any of the Terms. At the end of each session, you must log out to prevent unauthorized access to your Account.

You hereby expressly agree to be held accountable and responsible for any and all transactions made through your Record. Any unlawful transaction, refund request, or dispute made through your Account may be the consequence of unauthorized access, such as hacking and security flaws. Any accountability for these deeds is not ours.

You consent to hear from us via messages pertaining to: 

• Information about Platform-based transactions; 
• Company and service details;
• Services and special offers from us and our third-party partners; and 
• Anything else relating to the Services.

ELIGIBILITY

You represent and warrant that you are (a) of legal age to enter into and be bound by these Terms and Conditions, (b) a resident of India, and (c) in possession of all registrations, licenses, rights, and permissions necessary for you to enter into and be bound by these Terms and Conditions. You warrant that you are authorized to bind any company, organization, or other legal entity to these Terms on its behalf if you are acting on that company's, organization's, or other legal entity's behalf.

PAYMENTS

Fees will be charged by Rarecard Pay from time to time for the provision of Services. As agreed upon by Rarecard Pay, the fees will be charged in the way, at the rates, and on a regular basis. Rarecard Pay can change the fees at any time, for any reason. The fees don't include any taxes that might be due, and Rarecard Pay will sometimes add those taxes to the fees. You agree that any changes to taxes that are required by law during the term of these Terms will be your responsibility.

We will send you monthly bills for the fees we charge for the services we provide during that month. Every month, invoices can be found on the dashboard. You must send Us a notice of any disagreement about an invoice no later than ten (10) days from the date of the invoice. Rarecard Pay will try in good faith to settle any amounts that are reasonably disputed.

It will be up to you to do the reconciliation every day for all the transactions that have been processed. If there are any differences, you must let Rarecard Pay know about them within three (3) business days. You must tell Rarecard Pay about any problems with reconciliation no later than three (3) business days after the transaction date. If those problems are still not fixed, Rarecard Pay will not be responsible or liable in any way.

INTELLECTUAL PROPERTY

All rights, titles, and interests in and to the Platform and Services, and all intellectual property rights derived therefrom, are either owned by us or subject to a license. As long as you abide by these Terms and any written instructions we may occasionally send you, we grant you a limited, non-exclusive, non-sublicensable, royalty-free license to use the Platform.

Periodically, we might request feedback from you on the Services, such as reports of bugs or security flaws ("Feedback"). The suggestions you make can be used, copied, shared, printed, displayed, distributed, and sold by us without obtaining your consent, paying you a fee, giving you credit, or subjecting us to any other limitations based on your intellectual property rights.

Nothing in these Terms, unless expressly stated to the contrary, shall be interpreted as conferring a right or license on any of our or a third party's intellectual property.

Any content on our website should not be used for commercial purposes unless authorized by us or our partners. You immediately forfeit your ability to use our Platform and must return or destroy any copies you have made if you print, copy, or download information in violation of these guidelines. 

PAYMENT MANNER OF FEES

According to these terms, you agree that any fees for Services and other amounts owed by you to Rarecard Pay, such as fines and penalties, will be taken out of the money in your Customer Identifier before payment is made. In order to proceed with a suggested Payout, you agree that you will not be able to do so unless you have sufficient funds in your Customer Identifier.

You agree to pay the fees in the way, at the rates, and on the regularity set by Rarecard Pay. You agree to pay any extra fees that Rarecard Pay sets if any of the following happen:

(a) You use some value-added services on the Rarecard Pay homepage, even if they were free before.

(b) You use any new services that aren't listed in the Terms, those terms included. Your use of any Service or value-added service will be seen as your agreement to any extra fees that Rarecard Pay may charge for that Service or value-added service.

SERVICES

Payments and Payouts Links let you send money to bank accounts, UPI IDs, and debit and credit cards using RTGS, UPI, IMPS, and NEFT, among other methods. With Payouts and Payout Links, you can also plan payments to be sent to a virtual payment address (VPA) or bank account at a later date.

Not having the Payee's bank account information or VPA IDs can be fixed by sending them a link with the amount to be paid. Your Payee gets a link in their SMS, email, or both, and they can fill in their account information. With Payout Links, the Payout is done right away. You agree that Rarecard Pay is not responsible for any mistakes or omissions made by you or the Payee when entering the right payment information or any other information that is needed to make the Payout. It has been made clear that it is only you who is responsible for making sure the Payee is who they say they are and that they are following the law.

You can organize your accounts payable tasks with Vendors Payments. You can get supplier invoices from many places, like emails, vendor portals, drives, and more. You can then pre-fill the information on the Rarecard Pay dashboard and get it ready to be paid. You can also pay less taxes on the bill amount by deducting the TDS amount. This amount is taken out of your Customer Identifier balance automatically and sent to the government every month.

Specific Terms for Rarecard Pay Vendor Payments

Rarecard Pay doesn’t make any promises or warranties, expressed or implied, about the accuracy of information taken from any file, such as an invoice you shared on the Rarecard Pay dashboard. Prior to authorizing any kind of payment, it is solely your duty to make sure that all the information taken from the invoice is correct. Rarecard Pay is not responsible for any mistakes or missing information on the Rarecard Pay page.

From the Rarecard Pay dashboard, Tax Payments lets you handle, track, and pay taxes like TDS, Advance Tax, and GST. Depending on the TDS rate you choose for your vendor, the TDS component is automatically generated. Using Your Customer Identifier, this TDS amount is taken out immediately and sent to the government every month. This website's dashboard lets you download the challan and pay the TDS.

Specific Terms for Rarecard Pay Tax Payments

Rarecard Pay doesn't promise or guarantee that the information taken from any file you send to the Rarecard Pay dashboard is correct, either directly or indirectly. You are the only one who can make sure that all the information you get from the file is right before you authorize any kind of payment, whether it's for taxes, vendors, or something else. Please note that Rarecard Pay is not responsible for (i) any mistakes or missing information on the Rarecard Pay dashboard or (ii) any delays in making the TDS payments.

Specific Terms for Penny Testing

If you want to make sure that an end beneficiary's bank account or UPI ID is real, you can use Rarecard Pay's Penny Testing or Fund Account Validation service. This is done by putting one rupee into the account that is supposed to receive it. The account number and the name of the recipient are then returned along with the verified bank information. The National Payments Corporation of India uses the VPA validation tool to check the validity of the UPI ID and the person's name.

You agree that you will have to pay extra fees for every Penny Testing transaction you make. These fees do not include any money you use to make the transaction itself. Because of this, you agree that you can only use the Penny Testing service if you have enough money in your Customer Identifier to cover the fees that will be charged each time you use the service.

You agree that the Penny Testing service can only be used once to check the end receiver of a unique bank account or a UPI ID unless Rarecard Pay says otherwise in writing. The Penny Testing service can only be used once to check the same bank account or UPI ID.

Specific Terms for Accounting Software Integrations

You consent and authorize Rarecard Pay to access, import, use, or otherwise process Your accounting software data. Rarecard Pay makes no express or implied warranties or representations regarding the accuracy of details extracted from any file imported by You to the Rarecard Pay dashboard. Before authorizing any type of payment, it is exclusively your responsibility to verify the accuracy of all information extracted from the imported files. Rarecard Pay assumes no responsibility or culpability for any errors or omissions in the dashboard's content.

If your website supports it, you can connect some financial software to your dashboard. This will make it easier for you to pay your partners, vendors, and suppliers. With this kind of accounting program, you can make payout files that can be read by Rarecard Pay. The Rarecard Pay panel can be used to import these files, and payouts can be made. You can directly send the payout result files you download from dashboard to accounting software that supports it so that they can be reconciled.

CARD ASSOCIATION RULES

"Card Payment Network Rules" are the written rules, laws, releases, instructions, processes, interpretations, and other requirements that the card payment networks make and use. These requirements can be contractual or not. These card payment networks have the systems and facilities to authorize transactions. You have to follow all of the guidelines, rules, and laws that the card payment networks make for you.

The card payment networks can change their rules, guidelines, and laws at any time. Due to changes to the Card Payment Network Rules, we may have to amend, modify, or change these Terms. If we do, you agree to be bound by those changes right away.

You agree to follow all programs, rules, and requirements that the card payment networks may make public or require you to follow. Even though we help you understand the Card Payment Network Rules, you agree and accept that you are responsible for following all of their rules, even if you don't know about them or can get to them. 

MERCHANT RESPONSIBILITIES

The Merchant promises that before any Service under this Agreement starts, it will give Rarecard Pay all the documents it needs to do its due diligence on the Merchant and its business or activities. These documents will be chosen at Rarecard Pay's sole discretion. Rarecard Pay can share the KYC documents (or the information in them) and other related documents with Facility Providers, Governmental Authorities, or law enforcement agents as needed by the laws that are in place. The Merchant clearly gives permission for Rarecard Pay to use the KYC papers that the Merchant provides for Services. Further, the Merchant agrees and understands that Rarecard Pay has the unrestricted right to watch, read, keep, and/or share any information about the Services as needed to comply with any laws, legal process, or government requests.

During the Term, Rarecard Pay can ask the Merchant to provide any (i) extra documents related to Know Your Customer (KYC) and/or (ii) other documents related to KYC or other customers of the Merchant or invoices at its discretion, in line with the law, or in response to requests from government officials or facility providers. If the Merchant doesn't send the required KYC documents when asked, Rarecard Pay can halt the Services and/or stop money transfers (as needed) until the Merchant sends the necessary KYC documents and Rarecard Pay is satisfied with them.

The Merchant understands that the Services are complicated and need the help and input of many people, including the Facility Providers. When a merchant buys something, they agree that Rarecard Pay is only responsible for mistakes or actions that are directly caused by Rarecard Pay.

These two groups agree that Rarecard Pay is not responsible for any deliveries, after-sales service, payments, billing, or collections, customer questions (not just sales questions), technical support maintenance services, or any other duties or services that have to do with the Merchant's goods or services. This kind of debt will only be the Merchant's burden. The Merchant agrees to defend Rarecard Pay against any claim that comes up because of these services or responsibilities, and they will also pay for all the costs and expenses that come up because of them.

(i) Merchant must not say that it is an agent or representative of Rarecard Pay or the Facility Provider; (ii) Merchant must not say that it has any rights to offer any products or services offered by Rarecard Pay or the Facility Provider; and (iii) Merchant must not tell Customer or any third party anything that Rarecard Pay or the Facility Provider may have to do or be responsible for, either directly or indirectly.

The Merchant agrees and recognizes that Rarecard Pay is not responsible for any risks that come with selling and delivering the goods and/or services that the Merchant offers to its customers. All of those risks are solely the Merchant's responsibility. Any disagreements between the Merchant and the Customer about the quality, suitability, non-delivery, or late delivery of the goods and/or services they sell must be settled directly between the Merchant and the Customer, with the Service Provider not being involved in any way.

If any of the following occur, Rarecard Pay may stop providing Services and settling any monies or payments without any liability to the Merchant:

• The Merchant breaks any part of this deal or any other deal it may have with Rarecard Pay.
• Rarecard Pay gets orders from Facility Providers, Governmental Authorities, or law enforcement agencies to either suspend the Services or part of them or tell them to do so, even if there aren't any investigations going on into the Merchant's alleged illegal activities.
• The Merchant's goods and services either violate intellectual property rights, copyrightable works, patented inventions, trademarks, and trade secrets, or the Merchant is thought to be offering fake and/or copied goods.
• Merchant uses the Services for any purchases that have a high-risk score based on their website's fraud detection tools and other rules.
• Rarecard Pay thinks that there are some fishy things going on with the Merchant's actions.
• The website in question thinks that there are too many ongoing, expected, or unnecessary disputes, refunds, or reversals related to the Merchant's use of the Services.
• The Merchant changes the types of products or services offered to end customers that were listed on the onboarding form without first getting written permission from Rarecard Pay to use the Services for those new or changed types of products or services or Rarecard Pay finds out that the Merchant gave significantly misleading and/or false information about their products or services during the onboarding process.
• Rarecard Pay is forced to do so because of changes in the law that affect the Services.

USER RESPONSIBILITIES

You need to do certain things as a user of our payment gateway services. When you use our services, you agree not to do anything illegal, like scams, identity theft, or anything else that is against the law. When you use our site, you must follow all laws and rules that apply to you. You are also responsible for keeping your account information, such as your login information, secret and safe. You should let us know right away if someone gets into your account without your permission or does something else that seems fishy. If you use our services, you agree to these duties, which are necessary to keep our platform safe and secure.

PROHIBITIONS

Avoid engaging in any form of cyberbullying, including but not restricted to: 

(a.) Sending, disseminating, or otherwise making available to any number of network users any form of mass marketing, unauthorized, or unsolicited advertising or informative announcements via email (commonly known as "junk mail" or "spam"); 

(b.) Distributing identical or extremely similar messages over numerous newsgroups or mailing lists; 

(c.) The routine or intentional circulation of news group or mailing list posts that are unrelated to the group's declared goals; 

(d.) Sending spam (unsolicited commercial electronic mail) to conferences or newsgroups without the group's charter expressly approving such transmission; or 

(e.) Violating the anti-spam email law.

WAIVER

Any failure or delay on the part of Rarecard Pay to enforce or apply any term of these terms or related right shall not be deemed a waiver of such term or related right by Rarecard Pay. Any rights or remedies granted to Rarecard Pay under these Terms may be exercised by Rarecard Pay, and their exercise does not constitute a waiver of any other rights or remedies provided to Rarecard Pay under these Terms, at law, or justice. Any waiver of a requirement must be made in writing and signed by an authorized representative of the Rarecard Pay to be valid.

WARRANTIES DISCLAIMER

Any individual or organization connected to Rarecard Pay, including its officers, directors, employees, representatives, affiliates, and suppliers, will not be held accountable or liable for any harm, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental, or consequential damages of any kind (including, without limitation, lost profits or lost savings), whether based on a contract, tort, strict liability, or other legal theory. 

The Website may contain connections to websites other than this one. You understand that Rarecard Pay has no control over such third-party websites and is thus not liable for any information, goods, or other materials on or accessible through such third-party websites. Furthermore, Rarecard Pay disclaims any liability for any linked third-party websites, including their content or how they are operated. You acknowledge that you use such third-party websites at your own risk and that Rarecard Pay is not responsible or liable for any loss or damage that is claimed to have been caused by your use of such websites. Before using them, please consider the terms and conditions of the third party as they may be different from those of Rarecard Pay and may contain information that might be used to personally identify you.

INDEMNITY

You are aware of this and consent to hold harmless and defend Rarecard Pay (along with its officers, affiliates, parent company, directors, agents, and employees) from and against any and all claims, demands, recoveries, losses, damages, fines, penalties, and other costs or expenses of any kind, including reasonable attorneys' fees, resulting from or connected to your violation of any laws or the rights of any third party or your breach of these Terms.

LIMITATION OF LIABILITY

The following is a statement that, notwithstanding any other provisions, neither Rarecard Pay nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special, or consequential damages, loss of revenue, or profits arising from these Terms, including any actions taken by Authority or Payment Partners. To the fullest extent permitted by law, the user agrees to release Rarecard Pay, its parent company, subsidiaries, affiliated companies, and all of their officers, directors, employees, and agents from any and all legal claims, losses, damages, liabilities, expenses, and causes of action resulting from their use of the Platform or the Services.

CHANGES TO TERMS

We retain the right to change the Platform and these Terms and Conditions at any time. Each time they access the Platform or use the Services, Merchants are expected to read these Terms and the Additional Terms. The Additional Terms and these Terms, as revised from time to time, will govern how you use the Platform and Services. You should stop using the Platform and/or the Services at that time if you do not agree with these modifications.

We retain the right to restrict access to our Platform in whole or in part for business and operational reasons. Both our platform and our availability won't always be open or unbroken. Any suspension or withdrawal will be communicated to you in writing as soon as it is practical.

SEVERABILITY

The other terms shall remain in force even if a court or other authority decides that one of these Terms is invalid or cannot be enforced. The remainder of the regulation will still be in effect if a portion of it that is currently illegal or unenforceable would become legal or enforceable if it were removed.

FORCE MAJEURE

You acknowledge that if we violate these terms due to an unforeseen and uncontrollable event, we are not liable. Depending on the circumstance, this could be a breakdown in any communication system, a security hole or virus in our system, sabotage, fire, flood, explosion, acts of God, civil unrest, strikes or other forms of industrial action, riots, insurrection, war, acts of government, unauthorized access to computer data, etc. In this situation, we will be provided adequate additional time to complete our tasks, and we will make every effort to inform you of the Force Majeure Event and lessen its negative effects.

GOVERNING LAW

Any dispute about these Terms must be resolved in an Indian court, and their interpretation and application must be based on Indian law.

CONTACT DETAILS

You can get in touch with us at info@rarecardpay.com if you have any queries, complaints, or claims regarding the Services.