- “Applicable law” refers to the laws currently in force in the Province of Ontario and the federal laws of Canada applicable therein which shall govern this agreement.
- “Paytm Parties” includes Paytm, its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, directors, agents, and employees.
- “Paytm Payment Account” or “Account” means a Business with Paytm account that you have created with Paytm Labs.
- “Services” and “Business with Paytm” refer to the merchant payment processing services and other small and medium sized business–related services including, but not limited to, Support offered by Paytm through its web app, mobile app, or API, as such Services may be updated from time to time.
- “Site” or “Website” means this website, all related web pages, and all related websites, mobile applications and other applications which provide access to the Services operated by affiliates or divisions of Paytm, but does not include any third party websites which are linked to or may link from this website whether or not such third party websites are used in connection with the Services.
- “Subscriber” refers to any Merchant who maintains a Paytm Payment Account with us and utilizes our Services.
- “Support” means technical support and assistance provided to users by Paytm.
- “You” and “user” shall refer to any person who visits the Site or uses Paytm and includes a Subscriber and its employees and agents.
C. Electronic Communications and Delivery
By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide (or may be required to send to you by Applicable Law) and all other communications in connection with your Account and your use of the Service, including any Communications in relation to delinquent accounts (which may also be by phone, and may be made by Paytm or by anyone on its behalf, including a third-party collection agent).
We will provide these Communications by emailing them to you at the primary email address listed in your Account registration, by emailing you a link or instructions on how to access them on a website, or (if permitted by law) by posting them on the Website. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our Website. You further agree that any electronic disclosures, notices or other Communications that we may deliver or provide you from time to time have the same meaning and effect as provided to you in writing (in paper form) and that your electronic signature has the same effect as your manual, physical signature.
By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications provided to you electronically for your records. It is important for you to retain copies of Communications because they may not be accessible in your Account at a later date.How to Withdraw Your Consent
You are responsible for ensuring your contact information is kept up to date, including without limitation your primary email address. You understand and agree that if Paytm Labs sends you an electronic Communication but you do not receive it because our record of your primary email address is incorrect, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Paytm Labs will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Paytm Labs to your email address book so that you will be able to receive the Communications we send to you. You can update your contact information at any time by logging into your Account and editing your profile. If your primary email address becomes invalid such that electronic Communications sent to you by Paytm Labs are returned, Paytm Labs may close your Account, and You will not be able to transact any activity using your Account until we receive a valid, functional primary email address from you.
D. Authorized Users Access
You may provide access to certain functions of the Service to authorized users (“authorized user”). An authorized user is someone designated by your company profile settings available on the Website. Such authorized users may have access to your Account information and perform various tasks as instructed by you which include but are not limited to creating invoices, categorizing transactions, and any other lawful tasks that you may prescribe and which you will be deemed to have authorized. If you administer your Paytm Payment Account on behalf of a business or corporation, you represent and warrant that you have the right to provide access to your authorized users.
Paytm may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. Paytm may also limit the geographic locations or jurisdictions where certain Services may be available.
Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay-causing downtime, or inability of a Subscriber to access the Services for any length of time, including as a result of the permanent termination of service, the Subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failures of the Site or the Services whatsoever is to discontinue using the Site and the Services.
You assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created using the Website or in connection with the Services is accurate, reliable and complete and does not violate our content guidelines here. You authorize us and our service providers and their vendors and subcontractors to monitor your website and your use of the Services. You represent and warrant that you have obtained all required consents and comply with all Applicable Laws, including without limitation privacy legislation, in connection with any use and disclosure of information relating to the use of the Website and the Services. Paytm accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using the Website or the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with Applicable Laws, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
E. Conditions of Usage.
You agree to use the Website and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.
If you are not the business owner and are registering an Account on behalf of a business, you represent and warrant that you have been authorized and directed by your business’s principals to open the Account and that you have shared all user names, passwords and access credentials with other authorized representatives in your business and that you have provided us with the business contact information of at least one other person. If you leave the business and your business’s principal contacts us, we may be required to provide access to the Paytm Payment Account. You agree to hold harmless and release the Paytm Parties from any liability if we do so.
Furthermore, you are entirely responsible for any activities that occur under your Account. You agree to notify us immediately of any unauthorized access to or use of your Account. You agree to hold harmless and release the Paytm Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the Paytm Parties for any damages, third-party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
We are responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by Us on Your behalf. “Cardholder Data” is defined as being the cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. Paytm has developed strict security features to protect Cardholder Data, and as such it is required that this data only be used in anticipated ways and stored in appropriate places.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS ON THE SITE, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where Paytm explicitly requests such data be entered into such fields).
Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. For clarity, it is not permissible to store cardholder data in fields with labels such as ‘memo’ or ‘note’. Similarly, excluding payment forms, you must never enter CVV2 data into any fields in Paytm. You assume all responsibility for any Cardholder Data entered into the Site in violation of this Agreement.
F. Copyrights, Trademarks and Intellectual Property.
Paytm and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, web page designs, web page layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using the Site and the Services. The technical procedures, processes, concepts and methods of operation that are inherent within the Site constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users.
Any information or data entered using the Site by a user or otherwise provided for accessing the Site on the user’s behalf shall at all material times remain the property of the user. The user represents and warrants to Paytm that user is the owner or licensee of the intellectual property rights in all such information and data and hereby grants to Paytm a worldwide, perpetual, royalty-free, nonexclusive right and license to use all content provided by the user in connection with the Site and the Services for uses related to the delivery of the Services.
Materials on and relating to the Site, including the Site content and any software downloaded from the Site, are protected by copyright, trademark and other intellectual property laws. Subject to your ownership of your user content and data, and except for the limited license granted herein, Paytm reserves all rights in and to such materials. The Subscriber will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of the Site or any content therefrom without Paytm’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to the Site.
Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a Subscriber using the Services. Your use of screenshots is subject to the following:
- No screenshot may be used from any beta version of the Site unless it has been commercially released to the public;
- the use is for illustrative purposes;
- the use may not imply any endorsement or affiliation by or with Paytm;
- the screenshot does not contain any commentary which may appear to have been attributable to us;
- the screenshot does not contain any third-party content; and
Paytm has rights to several trademarks which it uses in connection with the operation of the Site. Paytm does not grant the users any right or license to use the Paytm trademarks or any logo, tradename or other intellectual property other than as expressly set out herein and in other licenses between you and us.
G. Ownership and Disclosure of Information.
You own all of your business’s private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service or Website. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
- For the purposes of fraud prevention and law enforcement;
- To comply with any legal, governmental or regulatory requirement;
- To our lawyers in connection with any legal proceedings; and
- To comply with a court order.
Paytm may require you to assist with any requests by the individual to access or update their information, and you agree to do so.Authorization to Export Data
H. Prohibited Use.
The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent or illegal acts or for committing any acts that would give rise to both or either civil and criminal liability.
No user shall use any means to restrict or prevent another user from accessing or enjoying the Website.
No user shall be permitted to upload material to the Site that he or she ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performance of our Websites, systems and equipment. You may not use the Site or the Services in a manner which could block access to, impair, damage, compromise, overburden or otherwise disable the Website or any of our servers or security. You may not attempt to gain unauthorized access to the Website or to any other user’s accounts, computer systems or networks through password mining, keystroke logging, hacking or any other means, or otherwise interfere with other users’ use of the Services. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to Applicable Laws.
No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Paytm in a manner that is inconsistent with our intellectual property rights over the software.
No user shall promote any commercial interest, falsify or delete any information on the Site, collect personal information without express authority to do so, violate any Applicable Laws, create a false identity or utilize the Website under false pretences.
If Paytm, in its sole discretion, believes that you have engaged in any prohibited activities or otherwise do not comply with this agreement, we may close, suspend or limit your access to your Account, the Website or our Services. We may refuse to provide our Services to you in the future or we may take legal action against you.
I. Disclaimer of Warranties and Limitation of Liability.
You expressly acknowledge and agree that the Site and the Services are provided on an “as is” basis and you agree to use the Site and Services and any content, materials and software related to the Site and Services at your own risk, to determine the suitability of the Site and Services for your intended use, and to verify all results obtained using the Website and the Services.
J. Additional Services, Third-Party Links, APIs and Content.
Some of the functionality of the Services and Website interoperate with and are highly dependent upon, application programming interfaces (APIs) from third parties, such as Google and Amazon. If at any point such third-party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third-party services without entitling you to a refund, credit or other compensation. Your only recourse shall be to stop accessing and using the Site and the Services. In addition, if you authorize us to do so, we may grant third-parties access to some or all (depending on the permission you give) of your private data, content and information through our own API for use in connection with their services.
K. Information Received from Third Party Services
Paytm is not obligated to review the information for any purpose, including but not limited to accuracy. It is entirely your responsibility to ensure the accuracy, completeness and timeliness of any information provided to us or any third-party service providers in connection with any of the Services.
L. Termination of Service.
Paytm may terminate this agreement and your use of the Website at any time and for any reason with reasonable notice to you and without notice if you breach any of these terms or we suspect you of fraud or suspect that your Paytm Payment Account has been compromised in any way. Subscribers may use the Website on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. You may also terminate this agreement by following the “Close your Paytm Account” instructions found on your Account page. You may only request to close your Account if all amounts owing to us have been paid in full. You may not close your Account to evade investigation of any nature. We may close or suspend your Account, use of our Services or Website for any reason, within our reasonable discretion including, but not limited to, where we have reasonable cause to do so because:
- we reasonably consider it necessary to protect the integrity of our systems, Website or Services;
- prevent fraud; or
- otherwise protect against the risk of legal, regulatory or non-payment risk
In the case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors.
Upon such termination, you must immediately cease using our Services and Website indefinitely. We may at our option immediately block your access to your Account, the Website and Services.
M. General Provisions
Legal Status of Paytm Inc. The websites www.paytmlabs.com, www.paytm.ca, business.paytm.com,business.paytm.ca and the names Paytm, Paytm Canada, Paytm Labs, Paytm Business, Business with Paytm, Paytm for Business, are and shall remain the property of Paytm Labs Inc. a company incorporated under the Canada Business Corporations Act.
You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.
No Waiver, Remedies. No delay or omission to exercise any right or remedy accruing upon any breach or default hereunder (or to insist upon the strict performance in any respect or on any occasion) shall impair any such right or remedy nor be construed as a waiver of any such breach or default or of any similar breach or default thereafter occurring, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver (or consecutive waivers) of any single breach or default shall operate or be construed as a waiver of any subsequent breach or default.
Headings. The headings used in this Agreement are inserted for convenience only and will not affect the interpretation of any provision