Terms and Conditions

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

Please read the terms and conditions carefully before registering, accessing, or using the CES Pay Services (defined below). The terms and conditions are a legal contract (“Agreement”) between You and Chankya E Services Private Limited (“CES Pay”) having its registered office at STPI, Plot No.T-25, Block D, Chikalthana MIDC, Chhatrapati Sambhaji Nagar (Maharashtra)-431007. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services and/or immediately terminate the Services and/or uninstall the mobile application.

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

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

Definition

“We”, “Us”, “Our” – shall refer to CES Pay and CES Pay Entities.

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

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

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

“CES Pay Entities” – shall mean group, affiliates, associates and subsidiaries of Chankya E Services Pvt. Ltd.

“CES Pay Platform” – Refers to any platform owned/subscribed/used by Chankya E Services Pvt. Ltd or any other CES Pay Entities not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used by CES Pay Entities to provide its services to its Users.

“CES Pay Services” – shall include all services extended/to be extended by CES Pay and CES Pay entity as a group including but not limited to Pre-Paid Instruments, payment gateway, Recharges and Bill Payments, Insurance, switch interface/access including others.

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

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

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

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

Eligibility

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

You are 18 years of age or older;

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

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

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

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

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

CesPay Services

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

CesPay Account (“PA”): CES Pay Account is the account that you create when you sign-up/register with CES Pay.

This account allows you to access CES Pay Platform, browse through the CES Pay Service, make payment using debit card, credit cards or net banking collectively known as (‘Payment Gateway Services’) to permissible merchants on CES Pay Platform or on Participating Platforms.

You can also avail Recharge & Bill Payment facility made available to CES Pay Users under the Terms of Use of such Service.

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

Access to PA enables you to browse through CES Pay Services provided by CES Pay Entities and in order to avail, enroll or use any such Service you may need to additionally register for such services by providing some more information as required under the Terms of Use of such products/services.

Allows you to share and maintain the Know Your Customer “KYC” details and information for underwriting purposes for other financial and non-financial products available on CES Pay App as Services illustrated below:

• CES Pay Pre-Paid Instrument (“PPI”, “CES Pay Wallet”)
• CES Pay UPI (“UPI” – Unified Payment Interface)
• External Wallets (“EW”)
• Insurance Solicitation
• Recharge & Bill Payments (“RBP”)
• Merchant Payments on CES Pay Platform (“Switch Merchants”)

If You are presently a merchant/Merchant Partner of CES Pay or register to become a merchant/Merchant Partner, You hereby agree that “KYC” details provided by You with respect to the CES Pay Account as stated above may be used with respect to the KYC requirements for Your registration as a merchant/Merchant Partner.

If You are presently a merchant/Merchant Partner of CES Pay or register to become a merchant/Merchant Partner, You agree that You shall have the option of linking Your UPI-linked bank account (on the CES Pay mobile application) as the account for receiving settlements as a Merchant/Merchant Partner of CES Pay.

If You avail this option, You agree that requisite details related to such linked account shall be used/retrieved for the same. You agree that such linkage may be subject to additional verifications/procedures.

It is hereby clarified that this option would only be available if the mobile number used for registration as a merchant/Merchant Partner of CES Pay and the mobile number used for registration on the CES Pay mobile application are the same.

CES Pay Pre-Paid Instrument (“PPI”, “CES Pay Wallet”): These are Payment Instruments issued by CES Pay as per Reserve Bank of India (“RBI”) directives.

CES Pay UPI (“UPI – Unified Payment Interface”): Enables You to make payment to a merchant or any person as permitted through Your Bank account using the UPI ecosystem.

Insurance Solicitation: Enables You to solicit insurance as per Your needs.

External Wallets (“EW”): Enables You to use another authorized Payment Instrument (PPI) to make payment for goods and services on CES Pay Platform.

Recharge & Bill Payments (“RBP”): Enables You to pay Your bills or recharge Your account with listed service providers on CES Pay Platform.

Merchant Payments on CES Pay Platform (“Switch Merchants”): Our in-app service that enables You to access merchant websites/application within CES Pay mobile application and use CES Pay or any other Payment Instruments provided by such merchants.

You further agree to CES Pay Privacy Policy as applicable for CES Pay and CES Pay Entities.

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

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

You understand that in order to provide CES Pay Services via the CES Pay Platform, CES Pay incurs various costs (including, but not limited to, cost with respect to operation and maintenance of infrastructure, facilitation of transaction(s)/payments via various modes), You thereby agree that CES Pay may charge You a fee(s) (such as platform fee, convenience fee) which will be displayed upfront to you and which shall be over and above the value/amount of the respective transaction/bill payment being made by You. CES Pay shall have the right to revise such fee(s), from time to time.

Sign-Up / Registration

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

Once you sign-up on CES Pay, you are entitled to a Phone Account. You can also register with CES Pay from any third-party merchant platform subject to certain conditions and limitations available on the CES Pay website & application. Once registered with CES Pay, certain services may ask you for additional information in order to avail such service and may involve the creation of sub-accounts for availing such services.

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

In the event Your phone number, using which You have registered on CES Pay, is transferred, surrendered, and/or deactivated for any reason whatsoever, it shall be Your responsibility to inform CES Pay in this regard. This will enable CES Pay to secure Your CES Pay account.

In case another individual/person intends to register using the phone number which has been transferred, surrendered, and/or deactivated, CES Pay would require time to remove/delink the details of the previous CES Pay account holder and thereby reset the account. This process may take up to two (2) years from the date of request.

Your conduct on Website(s) and Application(s)

In order to access CES Pay Services, you are required to provide information about yourself as part of the signup process, or as part of your ability to use services provided by Us. You agree that any information you provide will always be accurate, correct, and up to date. Some services may require you to share additional information, which might include your personal information and personal sensitive information. You further agree that CES Pay or Chankya E Services Pvt Ltd (including its Group Companies/service providers/business partners), in relation to providing services to You, may collect/share Your Personal Information from/with third parties, including but not limited to vehicle-related information. Your information management shall be as per CES Pay Privacy Policy.

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

You understand that while availing services offered by Merchants and your payment to merchants using any of CES Pay Services (Prepaid CES Pay Wallets, Unified Payment Interface, Payment Gateway), we are not a party to the contract between you and the Merchant and act only as an Intermediary (IT Act 2000). CES Pay does not endorse any advertiser or Merchant linked to its website or app. Furthermore, CES Pay is under no obligation to monitor the Merchant’s service used by you; the Merchant alone will be responsible for all obligations under the contract, including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant must be directly resolved by you with the Merchant. It is clarified that CES Pay shall not be responsible or liable for any deficiency in goods and/or services purchased using CES Pay Wallet balance. You are instructed to satisfy yourself regarding the quality, quantity, and fitness of any good and/or service before purchasing the same.

You agree that in case any amount is transferred erroneously by You to any Merchant, Participating Platforms, or any other person, CES Pay shall not be liable to refund such amount to You under any circumstances.

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

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

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

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

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

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

You further agree that:

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

Single Sign On (SSO)

By registering and signing into CES Pay Account, We create an username and secure access credentials for You to access CES Pay services on CES Pay Platform and other participating platforms. For convenience, CES Pay creates Single Sign On Service (P-SSO), which helps you access CES Pay Services available on CES Pay Platform and other participating platforms.

You understand that P-SSO will be used to register and access CES Pay Services and the credentials you share as part of the registration process would be owned and managed by CES Pay and will be shared with CES Pay Entities upon Your request or simply by accessing any CES Pay Services provided by them.

P-SSO, with your authorization can be used to access or register on the switch interface with “Switch Merchants”, However, your secure credentials would not be shared with any “Switch Merchants”. You can use your P-SSO in order to access your CES Pay Account or pay using permissible CES Pay Services on participating platforms without logging into your CES Pay App.

You further agree that CES Pay shall share some limited information provided by you except your secure access credentials to participating platforms as necessary for P-SSO login at participating platforms.

You shall not share the P-SSO credentials with any third party website, portal, person over any communication medium and you understand that your CES Pay account can be misused due to unauthorized disclosure of P-SSO.

You hereby agree and acknowledge that in the event of non-compliance of the Terms of Use for usage and access to Single-Sign-On Services, CES Pay has the right to terminate Your access or access usage limits on CES Pay account and services without further notice.

Third Party terms and conditions

CES Pay and CES Pay Entities, may provide third party services via CES Pay Platform. You understand that We do not own those services and you may need to accept their respective terms and conditions, and may require to share additional information in order to avail such products/services provided by third parties on CES Pay Platform.

CES Pay does not hold any liability on the information collected from You by third party website or application and We cannot indemnify You for any third party actions.