Last updated: Jan 01, 2018
Welcome to KoPayments. KoPayments provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at http://www.KoPayments.com/ In addition, when using particular KoPayments services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Unless otherwise specified by KoPayments all alterations, additions and deletions shall take effect automatically and be binding on and from the day they are posted on the website www.KoPayments.com. By continuing to access or use the KoPayments Service, you will be deemed to have agreed to accept and be bound by such altered, added to or deleted TOS. If you do not agree to the alterations, additions or deletions, you should discontinue accessing or using the KoPayments Service (other than those which have already been availed of by you prior to such alterations, additions or deletions).
In order to access and use the KoPayments Service you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorised to agree to the TOS and to access, use and avail of the KoPayments Service. If you do not qualify, please do not access or use the KoPayments Service.
If you are not a Resident Indian, you may access, use and avail of the KoPayments Service only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the Service is based on the understanding and agreement that by accessing and using the Service, you may be violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify KoPayments against any liability incurred by KoPayments in this regard.
To open an account, you must complete the registration process by providing us with your Registration Data, including your choice of password, an account name and a secret question & answer ("Secret Key", to be used by you in case you forget your password). You are responsible for maintaining the confidentiality of the Registration Data, Payment Data and Authentication Data, and are fully responsible and liable for all activities that occur under your password or account or Secret Key. You agree to;
If you forget your password, you can use the Secret Key to request for a new password. On KoPayments being satisfied with your identity (which satisfaction shall be entirely at the discretion of KoPayments), KoPayments shall communicate a new password to you at the e-mail address registered by you with KoPayments. You shall be responsible for continuing to maintain this e-mail address.
For your security reasons you have to change this new password as soon as it is received by you, and until then this password shall be deemed to be your password and you will be responsible and liable for all transactions pursuant there to. Upon generation of the new password, KoPayments shall discontinue the use of the old password.
Notwithstanding anything stated elsewhere in the TOS, and despite correct use of your Member account and password, KoPayments shall be entitled in its sole discretion (but shall not be bound) to seek offline and/or additional written or other confirmation from you of any instruction, transaction or activity as KoPayments may deem fit.
It is KoPayments policy to respect the privacy of its members. KoPayments will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless KoPayments has a good faith belief that such action is necessary to: (1)confirm to legal requirements or comply with legal process; (2) protect and defend the rights or property of KoPayments; (3) enforce the TOS; or (4) act to protect the interests of its members or others. KoPayments does provide certain member information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account. For more information, see the KoPayments Privacy Statement.
You agree that KoPayments may access your account, including its contents, as stated above or to respond to service or technical issues.
You shall furnish to KoPayments an unconditional ECS Mandate in the manner and form prescribed by the RBI and required by KoPayments, designating the Payment Accounts from which you intend to, using the ECS mechanism, effect the payments for the Payment Instruction(s) to be given by you from time to time. You also agree to submit a copy of the ECS Mandate to your banker maintaining the Payment Account(s). For payments, where the ECS mechanism is not used, you undertake to authorise KoPayments in such manner and form as may be prescribed by KoPayments in that regard, to debit your Payment Account(s) and effect the payment(s).
You also agree to intimate to KoPayments, in such manner and form as may be specified by KoPayments in this regard, the designated Biller(s)/Payee(s) to whom you intend to make payments. On authentication of your account by the Biller(s)/Payees(s) and subject to the arrangement between KoPayments and the Biller(s)/Payees(s), you will thereafter be able to issue Payment Instruction(s). The Payment Instruction(s) to be issued by you will have to be in conformity with the Terms and Conditions specified by the relevant Biller(s)/Payee(s) in this regard. Your submission of the Payment Instruction(s) from time to time shall constitute an irrevocable and unconditional authority to KoPayments to initiate the process through ECS or otherwise for debiting the Payment Account(s) and making the payment to the Biller(s)/Payee(s). Payment Instruction(s) received at KoPayments, shall supersede all earlier instructions/authorization/mandates given by you to anyone in that regard.
Your Payment Instruction(s) will be effected only after proper authentication in accordance with the prescribed procedure of the KoPayments Service. KoPayments starts the processing of your Payment Instruction(s) on the Scheduled Date specified by you. These Payment Instruction(s) are submitted by KoPayments to the Designated Bank, which has been designated by the Reserve Bank of India (RBI) as the Sponsor Bank for the offer of this service. These Payment Instruction(s) are then submitted by Bank of Baroda to the Reserve Bank of India National Clearing Cell (NCC), for each settlement period of the ECS scheme, to give effect to the Payment Instruction(s) by debiting the Payment Account.
For payments where the ECS mechanism is not used, the Payment Instruction(s) shall be processed in the manner as may be indicated by KoPayments from time to time.
It shall solely be your responsibility to choose a Pay On Date for the payment of your bill(s) well in advance of the Due Date so that KoPayments has sufficient time to process your Payment Instruction(s) and make the funds available to the relevant Biller(s)/Payee(s) by the Payment Date. If the Payment Date happens to be after the Due Date, you shall be liable to pay the delayed/late charges and/or for all other consequences as per the then existing policy of the Biller(s)/Payee(s). KoPayments assumes no responsibility and shall incur no liability if it is unable to give effect to any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances:
If KoPayments fails to give effect to the Payment Instructions on/before the Payment Date for any reason other than the reasons mentioned above and such failure is directly and solely attributable to KoPayments, then in such an event, the liability of KoPayments shall be restricted to late payment charges, if any, subject to the maximum of INR. 500 per bill. Under no circumstances shall KoPayments and/or its officers, directors, employees or agents shall be liable for any indirect, incidental, consequential or punitive damages, or for loss of profit, revenue, even if advised of the possibility of those damages except to the extent as mentioned above.
Notwithstanding anything stated elsewhere in the TOS, KoPayments shall be entitled, in its sole and absolute discretion, to refuse to comply with all or any of your instructions without assigning any reason.
You shall be entitled to cancel or modify the Payment Instruction(s) issued by you, in the manner specified by the KoPayments Service from time to time, so however that such modification or cancellation is made by you before the Pay On Date specified in that regard. When you place a request to cancel or modify the Payment Instruction(s) set up by you, such instruction or transaction will only be cancelled if your request for cancellation is received and acted upon by before the processing of the instruction or transaction has been initiated.
In order to use the KoPayments Service, you must obtain access to the World Wide Web (www.), either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
In respect of the KoPayments Services rendered to you, KoPayments reserves the right to charge and recover from you, certain charges/fees by debiting the Payment Account or by sending a bill to you for the amount of charges/fees. You will be liable to pay these charges/fees by the date specified in that regard. Failure to pay such charges/fees on or before the specified date will render you liable for payment of interest at such rate as may be stipulated by KoPayments and/or withdrawal of the Service without any liability to KoPayments.
As a condition of your use of the Service, you warrant to KoPayments that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content received and payments made through the Service. By way of example, and not as a limitation, you agree not to:
The KoPayments may provide, or third parties may provide, links to other World Wide Web sites or resources ("Linked Sites"). As KoPayments has no control over such sites and resources, you acknowledge and agree that KoPayments is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available or transmitted from such sites or resources. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such suppliers. You acknowledge and agree that KoPayments shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. The links have been provided to you only as a convenience and the inclusion of any link does not imply any association of KoPayments with the operators of such sites or resources.
You expressly understand and agree that KoPayments shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or performance of the service or the inability to use or non-performance of the service; (ii) the provision of or failure to provide services (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; or (vi) any other matter relating to the service; whether based on the contract, tort, negligence, strict liability or otherwise, even if KoPayments has been advised of the possibility of damages.
To the extent possible, the disclaimers, limitations on liability and indemnities available to KoPayments under the TOS shall extend, mutatis mutandis, to the affiliates and partners of KoPayments and their respective directors, officers, employees, agents, successors, assigns, involved in providing, delivering or managing the Service (or any part thereof). However, this clause shall not protect the aforesaid affiliates/partners or extend to their obligations and liability to KoPayments or KoPayments' claims against them.
You agree to indemnify and hold KoPayments, its parents, subsidiaries, affiliates, officers, agents, Co-branders or other partners and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Any unauthorized commercial use of the Service or the resale of its services or the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited and may result in severe Civil and Criminal penalties under the provisions of the Civil Procedure Code, 1908 and the Criminal Procedure Code, 1973.
You further acknowledge that you will not (nor will you allow any third party to) copy, modify, de-compile, translate, create a derivative work of, reverse engineer, reverse assemble the Software or otherwise attempt to discover any source code, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by KoPayments for use in accessing the Service.
You agree that KoPayments may, in its sole discretion, with or without notice, terminate your password, account (or any part thereof) or use of or access to the Service, and remove and discard any content/bills/data within the Service, for any reason, including, without limitation, for lack of use or if KoPayments believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Further, you agree that KoPayments shall not be liable to you or any third-party for any termination of your access to the Service.
If you wish to terminate your account, you may request for termination of the KoPayments service any time by submitting a request to KoPayments or at email@example.com. You agree that you shall remain responsible for all Payment Instruction(s) submitted prior to the termination date.
KoPayments reserves the right at any time and from time to time, at its sole discretion, to modify or discontinue, temporarily or permanently, in part or in whole, the Service, TOS or policies regarding the use of the service with or without notice. You agree that KoPayments shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Your continued use of the Service shall be deemed as an unconditional acceptance of these changes.
The failure, delay or omission of KoPayments to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within three (3) months after such claim or cause of action arose or be forever barred.
You agree that the Service provided to you is not transferable under any circumstance and shall be used only by you. You further acknowledge, agree and confirm that KoPayments shall have the right to transfer, assign or sell all its rights under this TOS, and that the Mandate given by you in favour of KoPayments shall continue to be in force and ensure for the benefit of the successors and assigns of KoPayments.
If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Notices to you may be made via either email or by delivery by hand/regular mail to the address provided by you. The Service may also provide notices of changes, to either the TOS or other matters, by way of publication in newspapers or by displaying notices or links to notices on the Service. All such notices will have the same effect as a notice served individually to you. Notices and instructions will be deemed served 7 days after posting or upon receipt in the case of hand delivery, cable, telex, through internet or facsimile (fax).
KoPayments may be required to provide to you certain disclosures and notices, which are mandated by various laws and rules and transaction related notifications such as receipt of bill details, payment advices, payment return advices, etc. You acknowledge and agree to receive all such disclosures and notifications electronically, which, in most cases, will be done through the Internet. If, for any reason, you do not wish to receive the disclosures electronically, you must advise KoPayments immediately. In such an event, KoPayments reserves the right to discontinue/terminate the provision of the Service to you, in whole or in part.
You acknowledge that the read-out, faxed, email or printed output, if any, that is generated at the time of operation of your account under the Service is a record of the operation by you. The records of KoPayments, generated by the transactions arising out of the use of the Service, including the time the transaction is recorded shall be conclusive proof of the genuineness and accuracy of the transaction.
You acknowledge that KoPayments shall have no liability or obligation to keep a record of the transactions carried through the KoPayments Service and/or to provide information to you or for verifying your Payment Instructions, other than records required to be kept or information required to be provided statutorily by KoPayments.
You acknowledge that KoPayments does not pre-screen the data presented by Biller(s)/Payees(s), but that KoPayments shall have the right (but not the obligation) in its sole discretion to refuse or curtail any content/data that is available via the Service. Without limiting the foregoing, KoPayments shall have the right to remove any content/data that violates the TOS or is otherwise in violation of any contract entered into by KoPayments. You agree that you must evaluate, and bear all risks associated with, the use of any content/data, including any reliance on the accuracy, completeness, or usefulness of such content/data.
The Laws of India shall govern the validity, construction and enforceability of this Agreement in all respects. You and KoPayments agree to submit to the personal and exclusive jurisdiction of the courts located within Pune, Maharashtra, India, to the exclusion of all other Courts, as regards any claims or matters arising under these terms and conditions. KoPayments accepts no liability and responsibility whatsoever may arise in the ordinary course of its business, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that a Member in a country other than India accesses the Service does not imply that the laws of that country govern these terms and conditions or the operations in the accounts of the Member or the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
All contents of the Service are: Copyright © 2001
KoPayments Private Limited and/or its suppliers, c/o KoPayments Private Limited, 1205, Kumar Surbhi, Opp. Saibaba Mandir, Parvati, Pune – 411009, Maharashtra, India. All rights reserved.
KoPayments and/or other KoPayments products and/or services given reference herein are either Trademarks or Registered Trademarks of KoPayments Private Limited. Any rights not expressly granted herein are reserved.