payment gateway, online payment gateway, payment gateway integration



TERMS AND CONDITIONS

1. Scope

Use of INNOTYM® (referred to as INNOTYM® payment gateway, INNOTYM® Apartment solutions, INNOTYM® Education Solutions, INNOTYM® Retail Solutions, INNOTYM® Services, Services) offered by Innoart Technologies Private Limited (referred to as Innoart) is subject to the terms of a legal agreement between Merchant and Innoart. This page explains how the agreement is made up, and sets out some of the terms of that agreement (referred to as terms of service or terms). Innoart may update these terms from time to time and any changes will be effective immediately on being set out here. Please ensure you are aware of the current terms.

These Terms and Conditions are in addition to the terms and conditions as may be specified in any other document(s) as may apply to Merchant, Merchant’s Customer (referred to as User), INNOTYM®. In the event of any of these Terms and conditions being contrary to those specified therein, the terms and conditions as specified in such other document(s) in respect of a particular Account, Facilities or transaction as the case may be will prevail over these Terms and Conditions.

2. Acceptance

Your proceeding to use of INNOTYM® indicates that you have read the terms and have accepted the same. If, however, you do not wish to accept the terms, please do not access or use and/or avail any of the facilities offered by INNOTYM®. You may not use the Services, if you do not accept. No act, delay or omission by the Bank shall affect its rights, powers and remedies under these Terms and Conditions.

You acknowledge and agree that,

  • The form and nature of the Services offered on INNOTYM® may change from time to time, without prior notice to you
  • Innoart may stop (permanently or temporarily) providing the Services (or any features within the Services) to Merchant and/or to Merchant’s Customer generally at Innoart’s sole discretion, without prior notice
  • If access to your INNOTYM® account is disabled, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account
  • Innoart reserves the right to make changes and corrections to any part of the content at any time without prior notice
  • Innoart disclaims any liability for any information that may become outdated because of changes and corrections
  • 3. Using the Services

  • Attempt to decompile or reverse engineering any of the software available on INNOTYM® post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component
  • Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through the Services in any manner (other than as expressly permitted by the provider of such information, software or other material)
  • Restrict or inhibit any other person from accessing, using and enjoying the services of INNOTYM®
  • Upload, post, publish, reproduce, transmit or distribute in any way any component of the Services itself or derivative works with respect thereto
  • Make any attempt to hack into the INNOTYM® Education Solutions or otherwise attempt to subvert any firewall or other security measure of the Services
  • Scrape or aggregate information on the domain relating to its products, prices, services and models. The use and access by BOTS (blended threats that come as part virus/worm, part bot and are used in a identity theft or to launch denial of service attacks) are specifically prohibited on the Services
  • Publish any advertisements, solicitations, chain letters, ponzi schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding
  • Merchant agrees that they will:

  • On becoming aware of any shortcoming in the security on the Services, shall immediately inform to Innoart by contacting us on +91 44 3318 2450 and/or sending email to support@innotym.com.
  • 4. Content in the Services

    You should be aware that content (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Innoart (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Innoart or by the owners of that Content, in writing and in a separate agreement.

    Innoart reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

    Innoart reserves the right to moderate, publish, re-publish, and use all user generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favourites, votes) posted as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. Innoart is not liable to pay royalty to any user for re-publishing any content across any of its platforms.

    You agree that you are solely responsible for (and that Innoart has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Innoart may suffer) by doing so.

    Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

    The manner, mode and extent of advertising by Innoart on the Services are subject to change without specific notice to you. In consideration for Innoart granting you access to and use of the Services, you agree that Innoart may place such advertising on the Services.

    5. Proprietary Rights

    You acknowledge and agree that Innoart (or Innoart's licensors) own all legal 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 Innoart and that you shall not disclose such information without Innoart’s prior written consent.

    Unless you have agreed otherwise in writing with Innoart, nothing in the Terms gives you a right to use any of Innoart's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

    Unless you have been expressly authorized to do so in writing by Innoart, 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.

    6. Exclusion of Warranties

    Nothing in these terms, shall exclude or limit Innoart's warranty or liability for losses which may not be lawfully 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.

    You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided "as is" and "as available".

    In particular, Innoart, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

  • Your use of the Services will meet your requirements
  • Your use of the Services will be uninterrupted, timely, secure or free from error
  • Any information obtained by you as a result of your use of the Services will be accurate or reliable
  • The defects in the operation or functionality of any software provided to you as part of the Services will be corrected
  • Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and 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
  • No advice or information, whether oral or written, obtained by you from Innoart or through or from the Services shall create any warranty not expressly stated in the Terms
  • Innoart 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. Limitation of Liability

    You should be aware that content (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Innoart (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Innoart or by the owners of that Content, in writing and in a separate agreement.

  • Any direct, indirect, incidental, special consequential 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
  • 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 advertising appears on the services
  • 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
  • Your failure to provide Innoart with accurate account information
  • Your failure to keep your password or account details secure and confidential
  • The limitations on Innoart’s liability to you in paragraph above shall apply whether or not Innoart has been advised of or should have been aware of the possibility of any such losses arising.

    8. Role of INNOTYM®

    Merchant agree, understand and acknowledge that INNOTYM® is only a facilitator and is not and cannot be a party to or control in any manner.

    Merchant hereby grants to Innoart the express right to use Merchant logo in marketing, sales, financial, and public relations materials and other communications solely to identify Merchant as a customer of the Innoart.

    Innoart hereby grants Merchant the express right to use INNOTYM® logo and Innoart logo solely to identify Innoart as a provider of services to them. Other than as expressly stated herein, neither party shall use the other party's marks, codes, drawings or specifications without the prior written permission of the other party.

    9. Authorization

    By accepting the terms of this agreement, you authorize us to hold, receive, disburse and settle funds on your behalf. Your authorization permits us to generate an electronic funds transfer between the payment system providers and our nodal account to process each payment transaction that you authorize.

    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. Your authorization will remain in full force and effect until your account is closed or terminated.

    10. Card Association Rules

    "Card Association Rules" refer to the guidelines and processes established and defined by the card associations. These card associations have infrastructure and processes to enable transaction authorization. The card associations requires you to comply with all applicable guidelines, rules, and regulations formulated by them. The card associations reserve the right to amend their guidelines, rules and regulations.

    We may be required to amend or modify or change this agreement in pursuant to amendments to the card association rules and such amendments if any shall be deemed to be binding on the users.

    You agree to fully comply with all programs, guidelines, requirements that may be published and/or mandated by the card associations. Notwithstanding our assistance in understanding the card association rules, you expressly acknowledge and agree that you are assuming the risk of compliance with all provisions of the card association 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.

    In the event that your non-compliance of card association rules, results in any fines, penalties or other amounts being levied on or demanded of us by a card association, then without prejudice to our other rights here-under, you shall forthwith reimburse us in an amount equal to the fines, penalties or other amount so levied or demanded.

    11. Prohibited Services

    You should agree that you will not accept payments in connection with the following businesses, business activities or business practices:

    • 1.  Embassies, foreign consulates or other foreign governments
    • 2.  Door-to-door sales
    • 3.  Offering substantial rebates or special incentives to the cardholder subsequent to the original purchase
    • 4.  Negative response marketing
    • 5.  Engaging in deceptive marketing practices
    • 6.  Sharing cardholder's data with another merchant for payment of up-sell or cross-sell product or service
    • 7.  Evading card network's chargeback monitoring programs
    • 8.  Engaging in any form of licensed or unlicensed aggregation or factoring
    • 9.  Airlines
    • 10.  Age restricted products or services
    • 11.  Bail bonds
    • 12.  Bankruptcy lawyers
    • 13.  Bidding fee auctions
    • 14.  Collection agencies
    • 15.  Chain letters
    • 16.  Check cashing, wire transfers or money orders
    • 17.  Counterfeit goods (e.g. Knock-offs, imitations, bootlegs)
    • 18.  Currency exchanges or dealers
    • 19.  Firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counselling, repair or protection or real estate   purchases with no money down
    • 20.  Credit card and identity theft protection
    • 21.  Cruise lines
    • 22.  Essay mills
    • 23.  Flea markets (firms/individuals operating from a booth, on a part time basis with no lease or telephone availability; whether indoor or outdoors)
    • 24.  Drug paraphernalia
    • 25.  Extended warranties
    • 26.  Fortune tellers
    • 27.  "Get rich quick" schemes
    • 28.  Gambling (including but not limited to lotteries, internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or   services)
    • 29.  Sports forecasting or odds making
    • 30.  Illegal products or services
    • 31.  Mail-order brides
    • 32.  Marijuana dispensaries and related businesses
    • 33.  Money transmitters or money service businesses
    • 34.  Multi-level marketing or pyramid schemes
    • 35.  Online, mail, or telephone order pharmacies or pharmacy referral services
    • 36.  Prepaid phone cards, phone services or cell phones
    • 37.  Pseudo pharmaceuticals
    • 38.  Quasi-cash or stored value
    • 39.  Securities brokers
    • 40.  Sexually-oriented or pornographic products or services
    • 41.  Shipping or forwarding brokers
    • 42.  Substances designed to mimic illegal drugs
    • 43.  Telemarketing
    • 44.  Timeshares
    • 45.  Online, mail, or telephone order tobacco or e-cigarette sales
    • 46.  Weapons and munitions
    • 47.  Virtual currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world
    • 48.  Products/services intended to inflict or promote revenge, harassment, and other forms of abuse, humiliation and intimidation
    • 49.  Long-term subscriptions (i.e., two year, three year, lifetime, etc.)

    12. Transaction Disputes

    Transactions may be disputed at any time up to 180 (one hundred and eighty) days, from the date of transaction by the buyers as per the card association rules. Disputes resolved in favour of the buyers may result in reversal of payments to the buyers. In the event of rejection/suspension of payments to the seller, Chargebacks, refunds and/or any other dispute relating to the transactions contemplated under this agreement ("Disputed Transaction"), on any grounds whatsoever, we will forthwith notify the seller of the same.

    On such notification the seller will conduct an internal review of such matter and will, within 5 (five) days from receipt of notification, revert to us in writing either:

  • Requesting us to refund ("Refund Request"), the payment received by the seller in respect of such transaction ("Refund Monies"); or
  • 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
  • In the event that the seller provides a refund request to us or fails to contest such disputed transaction within the aforesaid 5 (five) day period or contests disputed transaction without providing supporting documentation to ours, payment system providers, Card Association and/or issuing institution's satisfaction, we will be entitled to recover the refund monies from credits subsequently made to the nodal account with respect to payments made by the seller's and the buyers.

    In the event that we are unable to recover the refund monies as aforesaid, due to the amounts credited to the nodal account being lower than the refund monies, we will deduct the remaining refund monies from the security deposit and/or set-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.

    13. Refund and Cancellation Policy

    Refunds, if applicable, at the discretion of Merchant’s Management, will only be made to the original (Net Banking, Debit Card, Credit Card, UPI, Wallet) account used for the original transaction through which payment is done. For the avoidance of doubt nothing in this policy shall require Merchant to refund the amount (or part thereof) unless such payment (or part thereof) have previously been paid.

    In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach Merchant with his/ her claim details and claim refund from Merchant alone. Such refund (if any) shall be effected only by Merchant by means as deems appropriate. No claims for refund/ charge back shall be made by any User to the INNOTYM® and in the event such claim is made it shall not be entertained.

    Refund amount shall be adjusted with daily settlement amount and the entire refund amount shall be credited to Customer account directly by our partner banks / partner organizations. Timeframe for Refund of amount depends on the partner bank / Organizations.

    Entire transaction amount shall be refunded to the customer but the TDR amount will be adjusted (reduced) with your daily settlement amount.

    14. Obligations of the User

    The User hereby grant INNOTYM® a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content.

    You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the INNOTYM® Services; and that, as at the date that the User Content is posted or submitted: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these terms of use; and (iii) that such User content is lawful.

    The User confirms in no event shall INNOTYM® be liable to the user or any other third party affected by the Transaction for loss of profits or revenues, indirect, consequential or similar damages arising out of or in connection with the Transaction, materials, information technology services or assistance provided under this Terms & Conditions.

    The User understands that the transaction may be rejected or cancelled in case the instructions and/or any Authentication Credentials or any details, documents or information provided by the User are false or not in accordance with the conditions stipulated by NPCI, the RBI or the remitter Bank.

    The User acknowledges and understands that the completion of shall involve various Counterparties. The User confirms that INNOTYM® shall not be held liable or responsible for any delays/deficiencies in settlement of a transaction due to system constraints, actions of 3rd parties or any other circumstances outside the control of INNOTYM®.

    The User agrees and confirms that INNOTYM® reserves the rights to call for logs, proofs, User details or documents at any time on account of audit, compliance, regulatory or legal requirements if necessary.

    In a collect request transaction (PULL transaction), the User agrees and understands that it is subject to the approval and expiry period defined by the User at the time of making such requests to the remitter.

    The user has to immediately bring it to the notice of INNOTYM® in case he/she suspects that his / her Mobile number is used by another person and/or notices unauthorized transactions in his / her accounts and make sure that the facility is deregistered for his / her mobile no.

    15. Payment Gateway Charges

    The user understand that you may be charged a convenience fee with respect to your use of the services. The fee amount will be displayed to you on the payment page. You agree to pay such fees as applicable for the Services you use along with its associated GST.

    The User agree that the convenience fee is subject to change based on the change in any parameters associated in the delivery of the payment services offered.

    16. INNOTYM® Disclaimer

    INNOTYM® do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the INNOTYM® Services for this purpose. By accepting/ agreeing to these terms and conditions, the User expressly agrees that his/her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.

    We will try to ensure the Services is available at all times, but we do not guarantee this. For technical reasons, the Services may be unavailable (in whole or in part) at some times, and we cannot guarantee that you will be advised of this in advance.

    The pages contained on INNOTYM® may contain technical inaccuracies and typographical errors. The information on these pages may be updated from time to time and may, at times, be out of date. INNOTYM® does not accept responsibility for technical inaccuracies and typographical errors and for keeping the information in these pages up to date or liability for any failure to do so.

    17. Technical Issues & Support

    In case of any technical issues, you may email to support@innotym.com. You can also contact us on +91 44 3318 2450 to resolve any issue of an urgent nature.

    18. Governing Law

    This agreement 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 this agreement may be brought exclusively in the competent courts/tribunals having jurisdiction in Chennai, Tamil Nadu, in India and irrevocably submit themselves to the jurisdiction of such courts/tribunals.