Terms Conditions

The website Instant Payz ("Website") and the mobile application titled "Instant Payz" ("Application") are owned, operated, managed, and controlled by CIPHERSPHERE SOFTWARE PRIVATE LIMITED ("Instant Payz"), a company incorporated under Indian law. In these Terms of Service, "User" refers to any individual or entity utilizing the Website/Application or availing any Service from Instant Payz. It is clarified that in the case of a company, partnership, trust, or any other legal entity using or accessing the Services, "User" shall include such entities.

Instant Payz provides the Website, Application, and Services subject to the User's acceptance of all terms, conditions, policies, and notices stated herein. By availing a Service from Instant Payz or using the Website/Application, the User agrees to be bound by these terms and conditions ("Terms of Service"). Additionally, the usage of the Application is subject to the terms specified by the Play Store/App Store provider. Therefore, all rights, benefits, liabilities, and obligations under these Terms of Service shall accrue to Instant Payz regarding the User's usage of the Website and/or the Application.

Instant Payz facilitates Users to make online rent payments, utility payments, GST payments, vendor payments, or other business payments through the Website and/or the Application ("Services"). Users are responsible for the accuracy of transactions made on the platform, including beneficiary details and tax implications. Instant Payz acts as a facilitator of authorized payments and does not assume responsibility for unauthorized transactions. Instant Payz reserves the right to hold/suspend/refund and report suspicious transactions at its discretion. Users authorize all transactions by providing relevant payment instruments and undergoing necessary verifications under applicable laws.

These Terms of Service, along with Instant Payz privacy policy, cancellation and refund policy, and chargeback policy, govern the relationship between the User and Instant Payz. Users are advised to read and understand these Terms of Service carefully before registering on, accessing, browsing, downloading, or using the Website and/or the Application. Instant Payz reserves the right to amend these Terms of Service at any time without prior notice. Users are responsible for reading the updated Terms of Service before using the Services. Continued use of the Application or Services after the effective date of the revised Terms of Service constitutes acceptance of the changes. If Users do not agree to these Terms of Service, they must cease using the Application and terminate their use of the Services immediately.

Please note that Instant Payz does not verify the authenticity of any transaction or payee. users are advised to safeguard their payment information and details. (website name) shall not be liable for any mishap, misuse, fraud, or unauthorized transaction, provided such transaction is duly authorized by the user, acquiring bank, credit card issuing company, or other relevant party.

Definitions

For the purposes of these Terms of Service, the following terms shall bear the meanings ascribed to them herein:

Acquiring Bank:

Refers to any bank or financial institution responsible for processing debit card or credit card payments, or payments made through any other payment instrument used by the User.

Affiliate:

  1. Individuals, partnerships, corporations, associations, or other entities owning, controlling, or holding at least 10% of the User's outstanding voting securities;
  2. Entities of which at least 10% of the outstanding voting securities are owned, controlled, or held by the User;
  3. Entities directly or indirectly controlling, controlled by, or under common control with the User;
  4. Officers or directors of the User acting within their authorized scope of authority.

API:

Stands for Application Programming Interface, denoting a software code facilitating communication between two software programs.

Convenience Fee:

Refers to the fee payable by the User to Instant Payz for utilizing the Services through the Application.

Payee:

Denotes any individual or entity receiving payment from the User through the Services.

Password:

Refers to the one-time password sent by the card issuer or relevant third party for authorizing payments from the User's designated account, or a PIN or alphanumeric password set by the User to access the Services through their User Account.

Person:

Encompasses any natural person, company, corporation, partnership, trust, association, government entity, or other legal entity recognized under applicable law.

Self-Financing Transaction:

Denotes a Transaction wherein the registered User utilizes the Application to fund their own business account, their spouse's or relatives' accounts, or those of affiliates, or to transfer funds for fraudulent purposes, among other specified actions.

Service Provider:

Refers to banks, associations, card issuers, payment gateways, financial institutions, or vendors engaged by Instant Payz to provide the Services.

Settlement Account:

Indicates a bank account maintained by Instant Payz or a payment Service Provider engaged by Instant Payz for facilitating the provision of Services.

Transaction:

Denotes a payment instruction leading to the successful transfer or settlement of funds from a User to a Payee.

Transaction Amount:

Refers to the total amount payable by a User to a Payee, excluding taxes, charges, interest, delivery costs, Convenience Fee, and other incidental charges.

User Account:

Signifies the account created by the User on the Application for availing the Services.

Eligibility

By agreeing to these Terms of Service, a User (if a natural Person) affirms that they are at least 18 years old and competent to enter into contracts. If registering on behalf of a legal entity, the User warrants they are duly authorized and permitted by applicable laws to accept these Terms of Service. The User further represents that they have the authority to accept these Terms of Service on behalf of the entity and that these terms are binding and enforceable.

All Services provided by Instant Payzare subject to these Terms of Service. If (website name)modifies the eligibility criteria for receiving Services and the User no longer meets the revised criteria, Instant Payzmay restrict or suspend access to the Services without liability. The User is responsible for ensuring compliance with these Terms of Service.

The User agrees to update their devices as instructed by Instant Payzto operate the Application. Failure to update as required may result in inability to use the Application.

The User must implement proper encryption and security measures on their devices to prevent hacking, and accepts liability for any compromise or unauthorized access to information.

The Services must not be used for illegal or unauthorized purposes, and Users must comply with all applicable laws, including copyright laws. Instant Payzreserves the right to refuse or discontinue Services to anyone for any reason, at any time.

Registration

To access Instant Payz Services, Users must complete registration, providing necessary documentation for identity verification as requested. By registering, Users agree to furnish accurate, current, and complete information. Failure to do so may result in rejection of registration and termination of access. Upon registration, a User Account is created, associated with the user's credentials. Users are accountable for all activities conducted through their account and pledge to utilize it solely for legitimate purposes. If Users are uncomfortable with any aspect of the Terms of Service, they should refrain from accessing the Service. Users are responsible for maintaining accurate and updated account information and promptly informing Instant Payz of any changes. In the event of legal action or conviction, Users must promptly inform (website name). Impersonation or misrepresentation of identity is strictly prohibited. Users are solely accountable for safeguarding their username and Password, with all activities conducted under their account presumed to be performed by them.

Information

During registration, Users must provide:

  • Valid identification and address proof as specified by Instant Payz.
  • Permanent Account Number and Goods and Services Tax Number.
  • Any additional information specified by Instant Payz for transaction processing. Instant Payz reserves the right to validate User identity through inquiries or requests for further documentation. Users authorize Instant Payz to access, process, and share provided information and transaction details as required by law, court order, or governmental request, or for transaction processing or investigation purposes.

Communication

By utilizing the Application and/or the Website, the User explicitly consents to receiving calls, auto-dialed or pre-recorded messages/calls, or Whatsapp messages from Instant Payz, the Service Provider, and any other specified third party, using the telephone number provided by the User for registration on the Application, in accordance with the Privacy Policy. Additionally, the User grants explicit consent to receive SMS messages from Instant Payz, Service Providers, or other third-party service providers engaged by Instant Payz, for promotional and transactional purposes, and to be contacted through third parties or information obtained from them. This consent extends to contacting other parties using information provided by the User and encompasses promotional and transactional messages, as defined by the Telecom Regulatory Authority of India Act, 1997 and its associated directives and regulations.

Use of Services

The Services provided are exclusively intended for the User to make payments to the Payee or settle valid and legal transactions. The User acknowledges sole responsibility for any loss or damage resulting from misuse of the Application, whether directly or indirectly, and releases Instant Payz and Service Providers from liability in such cases. By appointing Instant Payz as an agent to handle funds on their behalf, the User authorizes Instant Payz to receive and disburse Transaction Amounts as specified, until termination by Instant Payz or discontinuation of Service by the User. (website name) may engage Payment Aggregators or Gateways for transaction processing.

Instant Payz shall promptly transfer received Transaction Amounts to the designated Payee's bank account, deducting Convenience Fees and other specified charges. The User acknowledges that Instant Payz settles amounts with the Payee only upon actual receipt. Instant Payz is not obligated to verify transactions once generated with valid login credentials. The User must maintain security measures and agrees that instructions from the User Account are genuine and consistent with security standards and laws.

Transaction execution terms are as follows:

  • Upon receiving User instructions, Instant Payz initiates payment to the Payee.
  • Transaction confirmation using valid login credentials serves as conclusive evidence of execution.
  • The User is responsible for providing correct information.
  • Instant Payz is not responsible for ensuring delivery of purchased goods/services.
  • Any Transaction complaints must be reported to Instant Payz within 3 hours.

All transactions are conducted in Indian Rupees. For tax payments, Instant Payz updates payment status on relevant portals but is not liable for any processing hindrances. The User receives a challan confirmation upon receipt from tax authorities, but (website name) is not responsible for challan generation.

User Responsibilities

Every User is obligated to:

  • Provide accurate information independently and furnish necessary documentation upon request by Instant Payz.
  • Abstain from engaging in or facilitating Self-Financing Transactions through the Application.
  • Ensure legitimate rent payments and receipt of goods/services for vendor payments.
  • Comply with applicable laws, regulations, and guidelines set by relevant authorities.
  • Safeguard personal information of third parties and refrain from unauthorized disclosure or use.
  • Maintain security measures to prevent breaches and indemnify Instant Payz for any losses incurred.
  • Assume responsibility for payment of applicable taxes.
  • Refrain from soliciting or sharing account details of other Users without consent, indemnifying Instant Payz from any associated claims.
  • Abide by terms and eligibility criteria for promotional offers, with (website name)'s decisions deemed final in case of disputes.
  • Utilize Payee information solely for completing transactions and refrain from unauthorized sharing.
  • Notify Instant Payz promptly of any changes in personal details or business status.
  • Avoid actions that could damage or disrupt the Application's functionality.
  • Acknowledge Instant Payz right to investigate and prosecute violations, indemnifying against associated losses.
  • Acknowledge that delays in settlements or refunds not attributed to (website name) are beyond its liability.
  • Acknowledge Instant Payz right to suspend or terminate access for failure to validate transactions or other reasons at its discretion.
  • Comply with specific requirements for GST, utility bill, and direct tax payments, ensuring accuracy and verification.
  • Acknowledge Instant Payz non-involvement in disputes between Users and Payees regarding payments.
  • Select appropriate Services on the Application and use it only for intended purposes.

User Restrictions

The User agrees not to utilize the Application or Services to engage in any of the following activities, or to display, upload, modify, publish, distribute, disseminate, transmit, update, or share any information that:

  • Is severely harmful, harassing, defamatory, obscene, pornographic, libelous, invasive of privacy, racially or ethnically objectionable, or otherwise unlawful.
  • Infringes upon patents, trademarks, copyrights, or other proprietary rights.
  • Contains viruses, corrupted files, or any software designed to disrupt or damage computer systems or networks.
  • Advertises or sells goods or services for commercial purposes.
  • Promotes pyramid schemes, spam, unsolicited advertising, or chain letters.
  • Falsifies author attributions or violates applicable laws.
  • Impersonates others or harms minors.
  • Forges headers or manipulates data to disguise the origin of content.
  • Engages in illegal activities or spreads false information.
  • Defames Instant Payz and its affiliates or threatens national security.

Additionally, the User shall refrain from:

  • Attempting to reverse engineer or extract source code related to the Application or Website.
  • Using automated tools to collect information about other Users or create fake User Accounts.
  • Transmitting harmful items such as viruses or engaging in denial of service attacks.
  • Utilizing the Services in a manner contrary to applicable laws or public policy.
  • Instant Payz reserves the right to suspend User Accounts or restrict access to Services for any violation of these restrictions without prior notice.

User Account History

Upon making a payment to a designated Payee bank account, Instant Payz will promptly update the User and provide a Transaction confirmation, serving as the User's receipt. Upon request, Instant Payz may furnish a summary of the User Account activity for up to one year. The User is responsible for maintaining permanent records of all Transactions and reconciling transactional information associated with their User Account. In case of any error or unauthorized transaction activity, the User must promptly notify Instant Payz and indemnify, defend, and hold harmless Instant Payz.

Specific Terms

Instant Payz and its Service Providers shall not mediate disputes between Users and Payees regarding pricing, delivery, quality, or any other issues. All contracts are directly between Users and their respective Payees. Instant Payz cannot guarantee payment timings, as they depend on various factors such as the User's bank, card issuer, and Service Providers. Users are responsible for providing accurate information to Instant Payz. Instant Payz and its Service Providers reserve the right to impose transaction limits, reject or refund transactions, and refuse payments for various reasons, including past questionable charges or other considerations.

Security

Instant Payz shall not be held responsible for any unauthorized or fraudulent use of the User's mobile, web-based access, or any other platform due to theft, cloning, or other reasons. The User is liable for any misuse of their accounts by third parties, including sharing authentication details or payment instrument information.

The User is fully responsible for any unauthorized use or authorized transactions on their accounts. Instant Payz holds no liability for any loss or damage arising from defects in products or services, refusal of payment acceptance, equipment malfunction, unsuccessful transactions, or user errors.

Intellectual Property Rights

The content of the Application and trademarks contained therein are owned or licensed by Instant Payz. Users may not use, reproduce, or exploit the content without prior written consent. Users consent to the use of their own trademarks on the Application.

Payment Terms

Convenience Fees:

Service Providers will process payment instructions upon meeting criteria set by the Acquiring Bank, transferring the approved Transaction Amount to Instant Payz Settlement Account. In return for Services, Users shall pay Instant Payz a Convenience Fee. This Fee is non-refundable and may vary. Users will be informed of the Convenience Fee before Transaction completion and must agree to it. Instant Payz deducts its Fees plus taxes and transfers the remaining Transaction Amount to the Payee's account.

Taxes:

Instant Payz deducts its Fees and GST from Transaction Amounts. Users are responsible for determining and remitting any other applicable taxes. Instant Payz disclaims liability for taxes.

Payout Schedule:

Instant Payz initiates pay outs to Payee's bank accounts based on timelines set by Acquiring Banks and Service Providers. Payments are subject to processing and may be delayed on non-business days. Instant Payz may defer payouts for investigation or to comply with legal requirements.

Processing Errors:

Instant Payz endeavors to rectify processing errors. In case of underpayment, (website name) credits the difference to the Payee. For overpayment, Instant Payz notifies the Payee and requests a refund. Users must notify Instant Payz promptly of processing errors to seek correction. Failure to do so waives the right to owed amounts.

Disclaimer of Warranties

The content and functionality provided on the Application are facilitated by (website name) as an intermediary between banks, service providers, and users. All content and functionality are provided "as is," without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Instant Payz makes no warranties, express or implied, regarding the accuracy or adequacy of the Application or the uninterrupted or error-free functionality of the Services. Instant Payz does not warrant that the information provided on the Application will be accurate, complete, or updated, or that the use of the Services will meet the user's requirements or be uninterrupted, timely, secure, or error-free. Users acknowledge that their use of the Application and Services is at their sole risk, and Instant Payz shall not be liable for any damages, whether direct, incidental, punitive, special, consequential, or exemplary, arising from the use of, or inability to use, the Application or Services, including damages allegedly resulting from viruses obtained from the Application, regardless of the theory of liability.

Limitation of Liability

Users acknowledge and agree that the entire risk arising from their access to and use of the Application and Services remains with them. Instant Payz, the acquiring bank, or any other party involved in providing or delivering the Application or Services shall not be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage, or system failure, arising from the use of the Application or Services, whether based on warranty, contract, tort, product liability, or any other legal theory. Instant Payz aggregate liability arising out of or in connection with these Terms and the user's use of the Application and Services shall not exceed the lesser of Indian Rupees one thousand or the amount paid by the user for availing the Application. Instant Payz reserves the right to recover any additional amount from the user due to negligence or fault.

Fraudulent Transactions

If Instant Payz is notified by the Acquiring Bank, a card payment network, or regulatory authorities of a reported unauthorized debit ("Fraudulent Transaction"), Instant Payz reserves the right to suspend settlement associated with the transaction pending inquiries and resolution by the relevant parties.

In case of a Chargeback resulting from a Fraudulent Transaction, resolution will follow the Chargeback provisions outlined in these Terms of Service. Any disputes arising post-settlement will be addressed by payment providers and Acquiring Banks in accordance with applicable laws.

Termination

If Instant Payz or a Service Provider reasonably suspects a User of breaching these Terms, engaging in dishonest or fraudulent acts, Instant Payz may (a) suspend payments, (b) deactivate/suspend the User Account and Password, and (c) terminate access to the Application or Services pending investigation. Users may cancel their User Account at any time by emailing Instant Payz.

Indemnity

Users agree to indemnify and hold Instant Payz, Acquiring Banks, and Service Providers harmless from any liability, including but not limited to judgments, damages, losses, claims, costs, and expenses, arising from claims brought against Instant Payz by other Users, Service Providers, or third parties. This includes issues such as product delivery, breaches of terms, negligence, infringement of rights, and disclosure of sensitive information.

Miscellaneous Terms

  • Instant Payz reserves the right to adjust existing fees, introduce new charges, or apply surcharges on specific transactions as deemed necessary by the Authorizing Bank or other Service Providers. Users are responsible for all applicable fees and charges incurred.
  • Refunds will only be issued in accordance with these Terms of Service.
  • Users may receive service announcements, advertisements, or administrative communications from Instant Payz or its affiliates periodically.
  • Instant Payz obligation, and the User's remedy in case of service interruptions or loss of access, is to restore services promptly.
  • Instant Payz and Service Providers are not liable for any taxes or government levies applicable to Users.
  • Links to third-party sites on the Application do not constitute endorsements. Use of such sites is subject to their respective terms and conditions.
  • Instant Payz does not endorse advertisers or merchants linked to its Application. Users must verify information provided by merchants before making purchasing decisions.
  • User participation in events, contests, or promotions is subject to the terms and conditions outlined by Instant Payz along with these Terms of Service.
  • Instant Payz is not liable for unauthorized access to User data or unauthorized transmissions through the Services.
  • Instant Payz reserves the right to restrict or terminate User access to its Services, modify or discontinue its Services or Website, and request transaction details from Users without liability.
  • Users are prohibited from representing themselves as agents or representatives of Instant Payz or making any warranties requiring Instant Payz or Service Providers to assume obligations or liabilities.
  • Instant Payz is not liable for breaches of these Terms of Service due to force majeure events or disruptions caused by payment failures or third-party failures.
  • In case of invalid or unenforceable provisions in these Terms of Service, the remaining provisions shall remain in effect.
  • Instant Payz may assign its rights and obligations without notice to Users.
  • Disputes between parties regarding these Terms of Service shall be resolved exclusively by the courts in Mumbai.
  • Instant Payz failure to exercise any right, power, or privilege does not constitute a waiver.
  • All claims and disputes are subject to the jurisdiction of courts in India.