Terms and Conditions
These Terms and Conditions ("Terms") set forth how you ("Merchant," "you," or "you're") may access or use the Services (described below), which are made available by ZEBICSOFT SOFTWARE TECHNOLOGY PRIVATE LIMITED ("kintetic Wave ," "we," "us," or "our"), a business organized by Indian law. Before using or accessing the Services, please take the time to read these Terms thoroughly. You agree to be bound by these Terms by accessing and using the Services, which creates a binding contract between you and kintetic Wave . You may not access or use the Services if you disagree with these Terms.
DEFINITIONS
The following terms and phrases shall have the meanings assigned to them in this article for these terms. The term "Services" refers to the service offered by kintetic Wave and service providers to users, through which users can: I receive payments from their clients or other payers; pay suppliers, beneficiaries, or other payees via credit/debit card; use net banking; or use any other bank-based payment method that kintetic Wave may from time to time accept in these terms.
kintetic Wave ’S USER
Users of the kintetic Wave platform who have been granted access to this website may use it to make payments to or receive payments from third parties. Every person permitted to use the services on the user's behalf is called a "User."
Payee
Any person who receives payment for the services (including a user who uses the services to receive payments).
Payment
People who buy the services and use them (including people who pay with them).
Providing Services
Whose Facilities Are Used To Offer These Services: Bank, Association, Facility Provider, Card Issuer, Acquiring Bank, Other Financial Institution, Card Processor, Clearing House Network.
Transaction
Payment Instructions That Cause Money To Be Sent (A) From A Payer To A Payee; Or (B) From A Payer To A User.
Quantity Transacted
Total Amount Due/Received From A Payer/User. All taxes, fees, interest, delivery costs, commissions, and other costs are included in this amount.
ELIGIBILITY
Only those who are at least 18 years old and may enter into legally binding contracts under Indian law are permitted to use the website and use the services. The Website and Services are not accessible to or usable by those under 18. To use the website or services, the User Represents And Warrants That They are At Least 18 Years Old And Has Permission To Contract. User Acknowledges That Payer/Payee Is Also Able To Get Into A Contract.
The User further represents and guarantees that they are fully authorized to use the Services and abiding by all applicable laws. Any terms and conditions the user accepts must be read in conjunction with and in addition to any terms and conditions that a service provider may occasionally issue. The Terms And Conditions Must Be Read In Conjunction With The Privacy Policy.
Only if you accept and abide by the following terms and conditions can you use the services and this website.
REGISTRATION
Usage of our services for websites or businesses that are not registered with kintetic Wave and the service providers is strictly prohibited. The user must be registered with kintetic Wave and the service providers to use the services. All documents that kintetic Wave and the service provider may require must be delivered to kintetic Wave . If this clause breaks, the User must keep kintetic Wave and the Service Provider indemnified.
User Assumes All Liability For Events Occurring Via Their User Account. A user account will be created when a user registers with kintetic Wave and is linked to the user's user name, password, and other identifying information. By signing up with kintetic Wave , the user agrees to give truthful, accurate, current, and complete information; otherwise, kintetic Wave reserves the right to reject the user's registration and revoke access to the website and services at any time.
EMPLOYING SERVICES
The User May Utilize The Services To Send And Receive Money From Other Parties.
The User irrevocably And Unconditionally Accepts The Sole Responsibility For Use, Confidentiality And Protection Of Said Login Credentials, Including Passwords, As Well As For All Orders And Information Changes Entered Into The Mobile/ Email Account Using Such Login Credentials. To Enable The User To Use The Services, A Link With Login Credentials Will Be Communicated To The User On Their Mobile Phone Or Email Address.
Besides just checking the user's basic KYC information, kintetic Wave is under no obligation to confirm the transaction's legitimacy. The User Must Do All Necessary Actions, Such As Those Described Herein, To Protect The Security And Confidentiality Of The Information At All Times. Any error or improper use of the services by the user, a person with the user's authorization, or a person who gains access to the services via the user will not subject kintetic Wave to liability. The user agrees that kintetic Wave will accept all instructions from their account in good faith and in a way that complies with commercially reasonable security standards. For any direct or indirect losses incurred due to the disclosure of sensitive information by or via the user, the user shall indemnify and hold kintetic Wave harmless.
kintetic Wave will initiate the necessary payment to the payee/user/as instructed by the user/payer upon receiving the necessary information from the service provider.
Verified login credentials used to complete the transaction must prove that the transaction occurred. The user is responsible for providing kintetic Wave with accurate and up-to-date payee information. If the payment is for goods the user or payee has purchased, kintetic Wave is not obligated to ensure that the goods have been properly delivered. If a user expresses dissatisfaction with a transaction, they must do so to kintetic Wave within two days of the transaction.
USAGE REQUIREMENTS
Each User Is Responsible For:
Providing Correct and Accurate Payer/ Payee Information As May Be Required, On An Independent Basis.
Providing to kintetic Wave Forthwith On Demand, The Original Copy/Copies Of Proof Of Delivery Of Products, Invoices Or Other Records About Any Transaction.
Ensuring All Licenses And Registrations Required By Are Them In Full Force And Effect To Enable Them To Carry On The Business Of Sale/ Purchase Of Products.
The User shall not: (1) Engage in any prohibited, illegal, or immoral activity; (2) Use the Services in any manner or in furtherance of any prohibited, illegal, or immoral activity; or (3) Take any other action that could subject kintetic Wave to investigation, prosecution, or legal action.
Any personal information about a third party, including the account information and mobile number, may not be sold, provided, exchanged, or otherwise disclosed to third parties or used by the user (other than to complete a transaction or as specifically required by law) without first obtaining the consent in writing of that third party.
To ensure that there is never a security breach and that the integrity of the link between their systems/site, the website, and the payment mechanism is always maintained, the user shall take all precautions as feasible or directed by kintetic Wave . Suppose any loss arises from a breach of the link, the result of an improper link, or a link violating this clause's terms. In that case, the user shall bear the loss, who shall indemnify and hold kintetic Wave and the service providers harmless from any loss that may arise in this regard.
Any applicable taxes, surcharges, and levies—including any applicable withholding taxes—must be paid by the user and covered by them. A user is not permitted to request at any time that another user give him information on any other user's accounts held with any banks, including passwords, account numbers, card numbers, mobile phone numbers, and PINs that may occasionally be assigned to them by the banks.
A User Must Only Use The Information About A Payee/Payer (Including Name, Address, E-Mail Address, Telephone Numbers, And Other Data) Provided To Him While Using The Services To Complete The Transaction For Which It Was Furnished and Must Not Sell Or Otherwise Furnish Such Information To Others Unless They have An Independent Source Of Such Information Or Acquires The Express Consent Of Such Payee/Payer.
A User Must Notify kintetic Wave Within Thirty Working Days Before Any Change In Their Email Address, Cell Phone, Address, Ownership Or Legal Status Or Cessation Of Business. User Must Not Interfere With Or Harm The Website, Including, But Not Limited To, Through The Use Of Viruses, Cancel Bots, Trojan Horses, Harmful Code, Flood Pings, Denial-Of-Service Attacks, Backdoors, Packet Or IP Spoofing, Forged Routing Or Electronic Mail Address Information Or Similar Methods Or Technology.
Any of the violations may be looked into and prosecuted by kintetic Wave to the fullest extent of the law.
SECURITY
The User Will Not Hold kintetic Wave Liable In Case Of Any Improper/ Fraudulent/ Unauthorized/ Duplicate/Erroneous Use Of Their Mobile and The Web-Based Access, Subject To The Conditions Stated Herein And As Specified By kintetic Wave From Time To Time. kintetic Wave disclaims all responsibility for any consequences resulting from a third party's unauthorized use or abuse of a user's email or mobile account. The user is responsible for protecting kintetic Wave from any liability, costs, or damages resulting from any unauthorized third-party access to the services, whether these damages are directly related to third parties unauthorized access and usage.
The user is entirely responsible for (A) any unauthorized use of their mobile device or email account and (B) all approved transactions on such accounts.
The following losses or damages are not covered by kintetic Wave 's liability to the extent permitted by law and the Terms:
Any failure on the part of a third party to furnish or deliver the necessary Products in the necessary amounts or types; Defects in the Products delivered to them; refusal of any person (including a service provider) to honour or accept payment; Any computer equipment or terminal that isn't functioning properly; Anybody utilizing the Services besides the User; a false remark, mistake, or omission when revealing information to kintetic Wave . A reasonable course of action taken by kintetic Wave or the Service Provider to prevent breaking any law, rule, or regulation of any governmental entity; kintetic Wave is not liable for events beyond its control.
According to the provisions stated below and as otherwise specified by kintetic Wave , the User Will Not Hold kintetic Wave Liable In Case Of Any Improper/ Fraudulent/ Unauthorized/ Duplicate/Erroneous Usage Of Their Mobile and Web-Based Access. Additionally, kintetic Wave disclaims any responsibility for any consequences of any third party's usage or misuse of the user's email or mobile account. Suppose any third party can access the services. In that case, the user is responsible for protecting kintetic Wave from any liability, costs, or damages resulting from such misuse or use by third parties, whether these are directly related to such access and use.
The user shall bear full responsibility for (A) any unauthorized use of their mobile device or email account; and (B) any authorized transactions on their mobile device or email account.
By the law and the Terms, kintetic Wave shall not be responsible for any loss or damage resulting directly or indirectly from the following:
The inability of a third party to furnish or transport the requisite Products in the required amounts or types; Defects in Products Provided to Them; any person's (including a service provider's) unwillingness to honour or accept a payment; any computer equipment or device that is not the User's that is utilizing the Services; a false statement, blunder, or omission in any information provided to kintetic Wave .
kintetic Wave or the Service Provider takes a reasonable course of action to avoid breaking any governmental entity's laws, rules, or regulations; kintetic Wave is not liable for events beyond its control.
TERMINATION
When kintetic Wave or a Service Provider believes, on reasonable grounds, that a User has violated these Terms or another agreement with kintetic Wave or has behaved dishonestly or fraudulently towards kintetic Wave or a Service Provider, kintetic Wave has the right to (A) suspend all payments under these Terms; (B) deactivate/ suspend your user account and disable your password; and (C) notify the User of such termination, pending kintetic Wave 's investigations. User May Cancel Them. Please send an email to change your account information. If your account is cancelled, kintetic Wave is not obligated to return any data or information on its servers or other equipment.
INDEMNITY
The user is responsible for protecting kintetic Wave from and against any liability, including but not limited to liabilities, judgements, damages, losses, claims, costs and expenses, fines, penalties, or any other loss that may occur, arising from or related to any claim, suit, or proceeding brought against kintetic Wave by another user, service provider, or third party for reasons such as, but not limited to, delivery, non-delivery or delay, deficiency, or errors.
The User Must Adhere To Such Terms And Conditions As May Be Set For The Services From Time To Time By kintetic Wave Or Any Service Provider. When done by and in compliance with the terms and conditions prescribed by kintetic Wave or the seller/service provider, all transactions made by or via this website shall constitute legally binding and valid transactions.
CONFIDENTIALITY
User Agrees Not To Reveal, Use, or Try To Utilize Any Non-Public Information They May Acquire On The Website Or Via The Services For Personal Gain. You agree to promptly and diligently notify kintetic Wave and fully assist kintetic Wave in protecting such information to the extent permitted by applicable law if you are required to divulge any such non-public information by order of a court, other governmental or legal body or if you become aware that such an order is being sought. This obligation will remain in effect until the public has known the non-public information without your intervention.
If kintetic Wave is legally required to access, preserve, or disclose your information, or if we have a good faith belief that it is reasonably necessary, we may do so.
For fraud prevention, risk assessment, investigation, customer support, product development, and debugging, or to protect the rights, property, or safety of kintetic Wave , its users, or members of the general public. Respond to claims made against kintetic Wave or comply with legal process.
RIGHTS TO INTELLECTUAL PROPERTY
Under copyright and other intellectual property rights under domestic and domestic laws, kintetic Wave owns or has a licence for the website content, trademarks, service marks, and logos (the "Marks"). Without kintetic Wave 's prior written consent, such website content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licenced, uploaded, or otherwise exploited.
SEVERABILITY
The remaining portions of this Agreement shall be changed and construed to the greatest extent authorised by relevant law to carry out the purposes of such provisions and shall otherwise remain in full force and effect.
The entire agreement between you and kintetic Wave relating to the services is set forth in the privacy policy, this agreement, and any other legal notifications provided by kintetic Wave on the services. If any part of this agreement is determined to be unenforceable by a court of competent jurisdiction, the validity of the remaining terms of this agreement, which shall continue in full force and effect, shall not be impacted. Any right or requirement under this Agreement that kintetic Wave does not exercise shall not be deemed to be waived by kintetic Wave , and any waiver of any provision under this Agreement shall not be regarded as a further or continuing waiver of such provision or any other provision. You and kintetic Wave agree that any claim related to or resulting from the services must be filed within one year of the incident giving rise to the claim. The absence of this cause of action would result in a permanent bar.
WAIVER
A party's failure to exercise a right under this Agreement or to enforce a performance obligation does not mean that party can't do so in the future. Unless this agreement says otherwise, a party's waiver of one breach does not mean that party is waiving all future breaches.
If one party doesn't use a right or power it has under this Agreement, or waits too long to use it, that party is giving up that right or power. Also, no one or a limited use of any power given by this Agreement will stop that power or any other power from being used in the future. In the event of a dispute, the contents of this agreement shall prevail over any applicable purchase conditions or other terms.
CHANGES TO THIS AGREEMENT
This agreement may be amended from time to time at the sole discretion of kintetic Wave . If the change is material, we will notify you at least 30 days prior to the new terms taking effect. To determine what counts as a material change, we reserve the right.
By using our website or keeping it open after the changes take effect, you agree to be bound by the new terms. If you do not agree to the updated terms, you are no longer able to access this website kintetic Wave .
CONTACT US
Please don't hesitate to contact us if you have any questions related to our terms and conditions.
