TERMS & CONDITIONS
1. General Terms
The below-mentioned terms and conditions read
together with the Privacy Policy and any other policies that may be applicable
from time to time govern the relationship between the client (“You”, “Your” and
“User”) and Yourpanth Techservice Private Limited (“JKSmartPay”,
“We”, “Us” or “Our”). These terms and conditions (“Terms”) are drafted in
conformity with the Information Technology (Intermediaries Guidelines) Rules,
2011 specified under the Information Technology Act, 2000 in order to regulate
the terms and conditions of usage and access to the platform (as defined
herein) and the Services (as defined herein).
These Terms constitute an agreement between You and
JKSmartPay. No physical or digital signature is necessitated in order to
validate this Agreement. These Terms will govern Your use of our website
located at https://jksmartpay.com (“Website”)
and the JKSmartPay mobile application (“Application”), owned, managed and
controlled by JKSmartPay, having its registered office at:
SHOP NO 102, BOMBAY SILVER 2,
80 FEET MAIN ROAD, RAJKOT – 360003, GUJARAT, INDIA
(collectively referred to as the “Platform”) and
the use of Services (as defined below) through such Platform. The usage of the
Application shall also be subject to the terms of the Play Store or App Store,
as specified by the specific provider. You can opt for the Services through the
Platform only when You accept to abide by all of the Terms. You are requested
to read and understand the Terms carefully before registering on, accessing,
browsing, downloading or using Our Platform on any device and/or before
availing any services offered by JKSmartPay.
2. Acceptance Of The Terms
To accept these Terms, You shall be of majority age
(18 and above), in case of an individual. In the case of entities, You must be
an entity eligible and registered to undertake business or operate in India.
The Services are intended solely for persons who are capable of entering into
legally binding contracts under the Indian Contract Act, 1872 and who have full
power and authority for using the Services. You can accept these Terms by
checking the checkbox or clicking on “I AGREE” or by actually availing our
Services. If You do not accept these Terms, You shall not avail our Services
provided through Our Platform.
These Terms apply to every user who uses or
accesses the Services. They also apply to any legal entity including
partnership firms, corporate bodies, trusts, association of persons, which may
be represented by You under actual or apparent authority.
These Terms are subject to modifications at Our
sole and absolute discretion. We may from time to time formulate new policies
for availing all or any of the Services. The most current version of the Terms
will supersede all previous versions. Your continued use of the Services after
any changes to the Terms or addition of new policies constitutes Your
acceptance to be bound by the most recent version of the Terms. If the revised
Terms are not acceptable to You, please refrain from using our
Platform/Services.
3. Description Of Services
Our services provided through the Platform include
but are not limited to the following (“Services”):
·
JKSmartPay Payments & Wallet
Services: Technology-enabled payment acceptance and
disbursement solutions for businesses and individuals, integrations with
payment processors and banks.
·
JKSmartPay Business Tools: Invoice, payable and receivable management, dashboards, analytics,
and reconciliation tools for merchants and small/medium businesses.
·
JKSmartPay Integrations & APIs: Integration with accounting/ERP systems and third-party platforms
to help manage financial workflows.
·
Value-Added Financial Services: Facilitating relationships with banks, non-banking financial
companies (NBFCs), and other financial institutions for lending, credit
products, or working capital solutions where applicable (subject to separate
terms between You and the relevant financial institution).
·
Analytics & Insights: Reporting, benchmarking, and advisory insights to help businesses
understand and optimize cash flows, marketing and revenues.
Any ancillary services provided in connection with
the above may also be offered. We reserve the right to modify, remove or rename
our Services at our sole discretion. In case of such modifications, we shall
update the Services list on the Platform for your perusal.
For the avoidance of doubt, any other branded
product or service offered by JKSmartPay under a separate subdomain or brand
may be governed by distinct terms which will be specifically provided with that
product.
4. Registration And Onboarding
To access any of the Services You can sign up using
the online sign-up process. We will require certain essential information,
which may include Your name, personal email, phone number, PAN, Aadhaar details
(as permitted under applicable law), business documents and other details
required to register and create an account (“Account”) on the Platform. You
agree to provide true, accurate, current and complete information; failure to
do so may result in cancellation of Your registration and termination of access
to Services.
You will be provided with a User ID and password
(“Credentials”) for access to the Platform. JKSmartPay has no obligation to
verify the authenticity of any transaction once such transaction is generated
through valid Credentials. You expressly consent to receive communications and
newsletters from JKSmartPay by SMS, e-mails, phone calls, in-app notifications
or any other means. You may disable communications by de-registering your
Account or following the communication preferences where provided.
You authorize JKSmartPay directly, or through third
parties, to make any inquiries as JKSmartPay considers necessary to validate
Your identity and to comply with obligations under applicable laws and
regulations.
You can disable Your Account by writing to us
at support@jksmartpay.com. Once disabled, you shall cease to have
access to our Services through the Platform.
You acknowledge and confirm that the Account shall
be used only for genuine business transactions and not for any prohibited or
fraudulent activity. You are responsible for maintaining the confidentiality of
Your Credentials and for all activities under your Account. If You detect any
unauthorised use of Your Account, You shall inform Us immediately. You will be
held responsible for any losses incurred by JKSmartPay or any other user due to
Your inability to secure Your Account.
5. License To The Platform
Subject to Your compliance with these Terms,
JKSmartPay grants You a limited, revocable, personal, non-sub-licensable,
non-transferable, non-exclusive right to access and use the Platform to seek
the Services in accordance with these Terms. You shall not share Platform
access with anyone else without Our permission. Except for the rights expressly
granted under these Terms, You shall have no other right or interest in the
Platform, its Content, or Services.
6. Third Party Service Providers
JKSmartPay uses certain payment partners and
third-party service providers to facilitate Services (payment gateways, banks,
NBFCs, analytics, hosting providers, customer support vendors, etc.). While we
select third parties carefully and impose confidentiality and performance
obligations contractually, JKSmartPay does not guarantee their performance.
JKSmartPay shall not be liable for disputes, losses, or damages arising from
acts or omissions of payment partners or third-party service providers.
Commercial or contractual terms between You and any third party are solely
between You and that third party.
7. Fees For Use Of Services
You may be charged fees (“Fees”) for using certain
Services. Fees will be communicated to You at the time of making payment for
any commercial transaction undertaken on our Platform. All Fees paid to
JKSmartPay are non-refundable unless expressly stated. Fees may be revised from
time to time at JKSmartPay’s discretion. If any statutory taxes (e.g., GST) are
chargeable, JKSmartPay will charge You such Taxes in addition to the Fees, and
You agree to pay them.
8. Availability Of Services
Services offered through the Platform may be
temporarily unavailable or not offered to You due to geographic restrictions,
legal prohibitions, or technical faults or interruptions. JKSmartPay shall not
be liable for non-availability arising from such circumstances.
9. Platform Content
Unless otherwise indicated, the Platform (including
source code, databases, functionality, software, designs, audio, video, text,
photographs, and graphics) and trademarks (“Content” and “Marks”) are
proprietary to JKSmartPay or licensed to it. They are protected by copyright,
trademark, and other intellectual property laws. Unauthorized use
(reverse-engineering, copying, re-selling, redistributing etc.) is prohibited
without prior written permission from JKSmartPay. JKSmartPay does not guarantee
downloaded files to be virus-free; use of downloaded materials is at Your own
risk.
10. Platform Management
JKSmartPay reserves the right to monitor the
Platform for violations of these Terms; take legal action against violators;
refuse or restrict access; remove files or content that are excessive or
burdensome; and otherwise manage the Platform to protect its rights and
property and to facilitate proper functioning.
11. Third Party Applications
The Platform may integrate with third-party
applications (“Third Party Applications”). Use of Third Party Applications may
require acceptance of separate terms and privacy policies. You should review
Third Party Terms before using them. JKSmartPay is not liable for Third Party
Applications and may suspend or remove access to them at any time without
liability.
12. User Representations
By using the Platform, You represent and warrant
that:
1. You have legal capacity and agree to comply with these Terms;
2. You are not a minor;
3. You will not access the Platform through automated means (bots/scripts);
4. You will not use the Platform for illegal or unauthorized purposes;
5. You will only undertake genuine commercial transactions via the
Platform;
6. Your use will not violate applicable laws.
If You provide information that is untrue,
inaccurate or incomplete, we may suspend or terminate Your Account. You must
inform JKSmartPay in writing promptly of any change in Your contact details,
ownership or legal status.
13. No Lending
JKSmartPay facilitates technology-enabled access to
financial services and may partner with banks, NBFCs, and other lending
institutions. Any credit or lending facility accessed by You will be governed
by separate terms between You and the lending institution. JKSmartPay is not
responsible for rejection of credit applications or actions of lenders and is
not obliged to provide reasons for such decisions.
14. Undertakings
You agree:
·
The Account will be used only for
valid and genuine business transactions and not for prohibited activities;
·
Not to undertake activities that are
illegal, fraudulent, or that may expose JKSmartPay to legal action;
·
To use third-party personal data only
for the purpose of completing transactions and not to sell or misuse it without
consent;
·
To notify JKSmartPay of any change in
contact details or business status immediately;
·
Not to interfere with, damage, or
misuse the Platform (viruses, DDoS, spoofing, backdoors, etc.);
·
To comply with tax obligations
arising from transactions undertaken through the Platform.
JKSmartPay may suspend or terminate Your access for
violations and may request proof of transaction validity. You will be
responsible for relevant taxes payable in connection with using Services.
15. Specific Terms
JKSmartPay shall not be responsible for disputes
between You and any payee, including issues about product quality, delivery, or
non-delivery. JKSmartPay cannot guarantee timing of payments; settlement
depends on banks, card processors, and other service providers. You are
responsible for correctness of information provided to JKSmartPay. JKSmartPay
reserves the right to limit transaction volumes per Account and may refuse
transactions exceeding limits. JKSmartPay is not liable for
unauthorized/duplicate/erroneous use of Your mobile, email, or web accounts.
16. Prohibited Activities
You may not use the Platform for purposes other
than those provided. JKSmartPay may investigate suspected fraudulent
transactions and take remedial actions including withholding funds, refunds, or
chargebacks per its internal policies. In the event of chargebacks, JKSmartPay
will assess claims and may refund amounts, wholly or partially, based on its
determination.
You agree not to:
·
Systematically retrieve Platform data
to create a competing database without permission;
·
Trick, defraud or mislead JKSmartPay
or other users;
·
Circumvent or disable Platform
security features;
·
Harass or harm others or JKSmartPay
personnel;
·
Use automated scraping, bots, or
unauthorized scripts;
·
Impersonate others or use another
user’s profile;
·
Upload spyware, malware, or content
that damages the Platform;
·
Use the Platform to compete with
JKSmartPay directly or indirectly.
JKSmartPay reserves the right to limit commercial
transactions on an Account and to refuse transactions. JKSmartPay shall not be
liable for misuse of Your credentials or accounts by third parties.
17. Privacy Policy
Your use of the Platform is subject to JKSmartPay’s
Privacy Policy available at https://jksmartpay.com/privacy which
is incorporated here by reference. The Platform is hosted in India; if You
access the Platform from another jurisdiction, You agree to transfer and
process Your data in India. JKSmartPay may access credit reports of Users for
credit assessment where applicable, subject to applicable laws.
18. Disclaimer And Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF
THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND
“AS-AVAILABLE” BASIS. JKSMARTPAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JKSMARTPAY MAKES NO
WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE.
IN NO EVENT SHALL JKSMARTPAY, ITS OFFICERS,
DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS
OF DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE PLATFORM OR THIRD-PARTY SERVICES, EVEN IF
JKSMARTPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
19. Indemnity
You agree to indemnify and hold harmless
JKSmartPay, its officers, directors, employees, suppliers and affiliates from
and against any liability, losses, damages, fines and expenses (including
reasonable attorney’s fees) arising out of or relating to: (i) any claim that
Your use of the Services violates third-party rights or applicable law; (ii)
breach or non-performance of any representation or obligation by You; (iii)
acts, errors, misrepresentations, willful misconduct or negligence of You or
Your agents; (iv) infringement of intellectual property or privacy rights; (v)
third-party claims related to Your use of the Services.
If third parties gain access to the Services due to
Your actions or negligence, You will be responsible and shall indemnify
JKSmartPay for all liabilities and costs arising from such access.
20. Force Majeure
JKSmartPay shall not be liable for failure to
perform obligations under these Terms if performance is prevented, delayed or
made impracticable by events beyond JKSmartPay’s reasonable control, including
but not limited to natural disasters, strikes, pandemics, war, terrorism,
government restrictions, or failures of telecommunications or hosting
infrastructure.
21. Termination
Violation of these Terms or improper conduct may
result in immediate suspension or termination of Your Account, deactivation of
Credentials, withholding of payments, and other remedies. Upon termination,
JKSmartPay may retain, access or disclose Your information as required by law
or for fraud prevention, dispute resolution, and audit. You may cancel Your
Account at any time by contacting support at support@jksmartpay.com.
22. Confidentiality
You agree not to disclose or use for personal
benefit any non-public information learned on the Platform. This obligation
continues until such information becomes publicly available through no breach
by You. If compelled by legal order to disclose confidential information, You
agree to promptly notify JKSmartPay and cooperate to the extent permitted by
law to protect such information.
23. Miscellaneous
JKSmartPay reserves the right to change these Terms
at any time without prior notice. Updates will be posted on the Platform; Your
continued use after changes constitutes acceptance of the revised Terms.
Nothing in these Terms creates a partnership, joint venture, employment, agency
or franchise between You and JKSmartPay.
JKSmartPay’s performance under these Terms is
subject to laws and legal process. You shall not assign any rights or
obligations under these Terms without JKSmartPay’s prior written consent.
JKSmartPay may subcontract Services to third-party providers.
These Terms shall be governed by the laws of India.
Any dispute arising out of or in connection with these Terms shall be subject
to the exclusive jurisdiction of the courts at Rajkot, Gujarat. (If
you prefer another city/state for jurisdiction—e.g., Ahmedabad, Mumbai or
Bengaluru—please tell me and I will update the clause accordingly.)
If any provision of these Terms is held invalid or
unenforceable, the remaining provisions shall continue in full force.
JKSmartPay’s failure to enforce any right shall not be deemed a waiver of that
right.
You agree that irreparable harm would result to
JKSmartPay if You breach certain provisions and that injunctive relief may be
sought in addition to other remedies.
All payments under these Terms shall be in Indian
Rupees unless otherwise specified. JKSmartPay may change fees or introduce new
fees from time to time.
24. Grievance Redressal
In accordance with the Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, our
Grievance Officer is:
Mr. Jaykumar Kothadiya
Contact Email: jaykumar@jksmartpay.com
Phone: +91 8488889794
For any complaints, grievances, or notices, You may
contact the Grievance Officer at the above email or address. JKSmartPay will
acknowledge receipt and endeavour to resolve the issue in accordance with
applicable laws.
25. Contact Details
If You have any questions relating to these Terms
or the Platform, please contact us:
Yourpanth Techservice Private Limited (JKSmartPay)
SHOP NO 102, BOMBAY SILVER 2,
80 FEET MAIN ROAD, RAJKOT – 360001, GUJARAT, INDIA
Website: https://jksmartpay.com
Phone: +91 8488889794
Support Email: support@jksmartpay.com
Grievance Officer Email: jaykumar@jksmartpay.com