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Terms & Conditions

INTRODUCTION

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These terms and conditions (“Terms of Use” or “Terms of Service” or “Terms”) are a computer-generated electronic record published under Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (as amended from time to time) read with Information Technology Act, 2000 (as amended from time to time) and does not require any physical or digital signatures. These Terms are legally binding and govern your use of “PeUnique” and / or the “Platform” created, owned and operated by SRS Live Technologies Private Limited, a private limited company incorporated under the laws of India, having its registered office at E-1 / B-1, Mohan Co-operative Industrial Estate Area, Mathura Road, New Delhi – 110044 (“PeUnique” or “Company”). Please read these Terms carefully before using the Platform and/or availing any of the Services (defined below) provided by PeUnique through its Platform. By accessing or using the Platform or Services, you agree to be bound by these Terms and PeUnique’s Privacy Policy. If you do not agree to be bound by these Terms and the Privacy Policy, you shall not use the Platform and Services in any manner whatsoever. These Terms are in addition to and not in derogation of any other terms stipulated by PeUnique from time to time. In case of any conflict between these Terms and such other terms, these Terms shall prevail. Throughout these Terms, “we” and “our” shall refer to PeUnique and “you” and “your” shall refer to you, i.e., the User (defined below) of the Platform. Both PeUnique and the User are collectively referred to as “Parties” and individually referred to as “Party” hereof.

Notwithstanding anything contained elsewhere, PeUnique reserves the right to modify, alter, amend, revise these Terms, update the Platform and Services at any time, without prior notice, to improve your experience on the Platform and on account of changes in Applicable Law. It is strongly recommended that you visit the Platform periodically to review the latest and updated version of the Terms. If you do not agree with any changes made by us, you may stop using the Platform and Services. Your continued access or use of the Platform or Services after such modifications/review shall constitute your acceptance of the modifications/reviews.

ACCEPTANCE

By accessing, signing-up and/or accepting or using the Platform or the Services in any manner whatsoever, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By accessing or using the Platform or Services, you represent that you have provided us with valid credentials which may be used to verify your identity. We reserve the right to restrict, suspend, or terminate your access to the Platform or Services, at any time without prior notice, if we believe that you are in breach of these Terms. For the security of your account and to enhance your overall experience on the Platform, we may use certain technologies to monitor your activities on the Platform. PeUnique reserves the right to make your details available to its affiliates and partner institutions and you may be contacted by them for information and sales enquiries through e-mail, telephone and/or SMS. You agree to receive promotional materials and/or special offers from PeUnique, its affiliates, and partner institutions. These promotional materials and/or special offers will be consent-based and you will have the option to unsubscribe.

ELIGIBILITY

You shall register or become a User of the Platform or Services only if you are 18 years or above, and can enter into legally binding contracts as per Applicable Law. To access/use the Platform or Services, you need a valid e-mail address and Indian mobile phone number. Users who have been previously suspended or removed from availing any of the Services shall not be eligible to access/use the Platform or Services at any time. Users shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity, and you may not have more than one active Account (defined below).

DEFINITIONS

For the purpose of these General Terms and Conditions, the following words and phrases shall have the meaning assigned to them under this Article.

“Applicable Law” includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognized stock exchange, as may be applicable.

“Account” shall have the same meaning as ascribed to it under Clause 1.2 of these Terms; “Affiliate” shall mean and include any individual, entity, firm, body corporate, which directly or indirectly, controls, is controlled by, or is under common control with PeUnique; “Applicable Law” shall mean and include reversal of any transaction made by Service Provider’s User inter alia, on account of, including but not limited to: “Chargeback” shall mean and include reversal of any transaction made by Service Provider’s User inter alia, on account of, including but not limited to:

any alleged forgery of the User’s account, card or other details pertaining to the transaction; any charge/debit made on account or card that has been listed as a hot listed card or otherwise listed on the card association warning bulletins; duplicate processing of the transaction; any amount required to be refunded due to, denial of a transaction by the User / valid card holder as wrongly charged payment / extra payments and/or due to the fraudulent use / misuse of the personal and financial information of the Service Provider’s User by any unauthorized person and / or any other reason as required / approved by the concerned banks, as the case may be.

“Confidential Information” means and includes the Intellectual Property and any and all business, technical and financial information of PeUnique or of any of its affiliates that is related to any of the arrangements contemplated in these Terms of Use or any other document in which these Terms of Use are incorporated by reference or otherwise disclosed by PeUnique to the User any information which relates to its financial and/or business operations, including but not limited to, specifications, models, merchant lists/information samples, reports, forecasts, current or historical data, computer programs or documentation and all other technical, financial or business data, information related to its internal management, customers, products, services, anticipated products/services, processes, financial condition, employees, merchants, Intellectual Property, marketing strategies, experimental work, trade secrets, business plans, business proposals, customer contract terms and conditions, compensation/commission/ service charges payable to the User, and other valuable confidential information and materials that are customarily treated as confidential or proprietary, whether or not specifically identified as confidential or proprietary. “Effective Date” or “Registration Date” shall mean the date of registration of account of the User on PeUnique’s platform.

“PeUnique Policies” shall mean and include the Terms of Use, Privacy Policy, Grievance Policy and any other such terms and conditions/policies available and updated from time to time on the PeUnique Platform.

“Intellectual Property” shall mean all intellectual property used for the purpose of or in association with or in relation to the performance of these Terms of Use and Applicable Agreement, and includes without limitation, (a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, or in association with, or for the operation of the software installed by the Company, (b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by the Company during the course of its business and all depictions, derivations and representations graphics, images, content and the ‘look and feel’ of all of the above, (d) all information, data or material in whatever form, whether tangible or not, provided by the Company to the User during the course of Applicable Agreement; and (e) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques, improvement, utility model, procedures, designs, skills, technical information, notes, experimental results, service techniques, samples, specifications of the products or services, labelling specifications, rights on software, and any other knowledge or know-how of any nature whatsoever.

“KYC” or “Know Your Customer” shall mean the process prescribed under the Applicable Law to collect and authenticate the User’s personal or business identification details before offering the Services to the User.

“Services” shall mean the services provided by PeUnique and various Service Providers to the Users utilizing the PeUnique Platform including but not limited to banking services, non-banking services and other such services either by itself or through a Merchant.

“Service Provider” shall mean any banking and/or non-banking entity with which PeUnique has, directly or indirectly, executed an agreement for facilitating Transactions between such entity and its customers.

“Users” shall mean individuals including all body corporates, partnerships, limited liability partnerships, etc., who are availing PeUnique services through the PeUnique platform.

DISCLAIMER

To the fullest extent permissible pursuant to Applicable Law, PeUnique and its officers, directors, employees, and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by a User from PeUnique or through PeUnique’s services or the Site will create any warranty not expressly stated herein. PeUnique does not authorize anyone to make any warranty on its behalf and Users should not rely on any such statement. Users acknowledge that PeUnique is a reseller and is not liable for any third-party seller’s obligations. It is User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, merchandise and other information provided through the Site or on the internet generally. PeUnique does not warrant that its services will be uninterrupted, or free of errors, viruses or other harmful components, and that any of the foregoing defects will be corrected. PeUnique’s services and the Site and any data, information, third party software, Reference Sites, or Software made available in conjunction with or through its services and the Site are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied. PeUnique and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of PeUnique’s services, the Site or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise.

FRAUDULENT TRANSACTIONS

  1. If PeUnique is intimated, by the bank, that a customer has reported an unauthorized debit/chargeback of the customer’s Payment Instrument (“Fraudulent Transaction”), the User shall be notified by PeUnique. The User shall be entitled to furnish documents and information pertaining to the Transaction associated with the Chargeback within one (1) day (or such other period specified by the bank).
  2. The User agrees and acknowledges that:
    • If the User is unable to furnish Chargeback Documents;
    • If the bank is not satisfied with the Chargeback documents furnished by the User, then the bank shall be entitled to order PeUnique to affect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said chargeback amount is credited to the customer’s Payment Instrument.
  3. PeUnique shall also be entitled to suspend the settlement of the amount under dispute or hold the value of the transaction under dispute from following the settlement of the transaction during the pendency of inquiries, investigations, and resolution thereof by the Service Providers to the User.
  4. Pursuant to clause 1.8 (ii) above, if the amount in respect of the Fraudulent Transaction has already been settled to the User, any dispute arising in relation to the said Fraudulent Transaction, shall be resolved in accordance with the notifications, circulars, and guidelines issued by the regulators or Service Providers in this regard from time to time.
  5. The User also agrees and acknowledges that it is liable to pay fines, penalties, and charges imposed by the Banks, card payment networks, or any regulatory authority on account of Transactions that are in violation of Applicable Law.
  6. The User further agrees and acknowledges that following PeUnique incurring the charge stipulated in clause 1.8(iii), if the available Transaction Amounts are insufficient for deduction of the Chargeback Amount, then PeUnique is entitled to issue a debit note seeking reimbursement of the Chargeback Amount from the User. The User shall reimburse the Chargeback Amount within three (3) working days of receipt of the debit note.
  7. The Parties hereto agree that any payment instructions for Transactions accepted by the User as per the terms hereof which are subsequently disputed due to:
    • (a) the authorization by the User of any Transaction with an amount exceeding the User’s account balance or credit limit, or
    • (b) the authorization by the User of a fraudulent Transaction,
    shall always be the liability and responsibility of the User.
  8. The User hereby acknowledges and agrees that PeUnique is a facilitator for payment processing services which are requested by Users and PeUnique shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another’s rights or any chargebacks claimed by the customers. It will be the responsibility of Users to ensure due protection while transacting online or otherwise. PeUnique will assist the Users in settling any queries related to the Services that arise between the Users, and its customers. However, PeUnique shall bear no responsibility with respect to the dispute or query related to payment made by the customers to the Users.

MISCELLANEOUS

  1. SEVERABILITY: If any provision of this Terms of Use is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Terms of Use to the minimum extent required, and the remaining provisions will remain valid and enforceable.
  2. ASSIGNMENT: These Terms of Use and any rights granted hereunder, shall not be assignable by the User, but may be assigned by PeUnique without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
  3. HEADINGS: The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.
  4. NOTICE: PeUnique may provide Users with notices and communications by email, regular mail, or posts on the PeUnique website(s) or by any other reasonable means. Except as otherwise set forth herein, notice to PeUnique must be sent by courier or registered post to the Legal Department, PeUnique India Limited, 1st Floor, E1/B1, Mohan Cooperative Industrial Estate, New Delhi – 110044, India.
  5. WAIVER: The failure of PeUnique to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by PeUnique.
  6. RELATIONSHIP BETWEEN THE PARTIES: The Terms of Use are not intended by the Parties to constitute or create a joint venture, pooling arrangement, partnership, agency or formal business organization of any kind. PeUnique and the User shall be independent contractors with each other for all purposes at all times and neither Party shall act as or hold itself out as an agent or representative of the other Party nor shall create or attempt to create liabilities for the other Party by acting or holding itself out as such.