Introduction

Welcome!

These Terms and Conditions (hereinafter “Terms of Use”) along with the Privacy Policy, Cancellation, Refund and Return Policy (together “Policies”) as modified or amended, will govern your use of the services.

Services Offered

We provide a number of services through a Mobile App (all such services, collectively, the “Service”). One such Service enables Users to purchase the Products and/or Services. Products and/or services can be purchased through the Website/ Mobile App vide various methods of payments offered. The sale/purchase of Products and/or services shall be additionally governed by specific policies of sale, like cancellation, return & refund policy, etc.

Paynear Solutions Private Limited operates this website to provide you with information about Paynear and its products/services. BY USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY (COLLECTIVELY THE “TERMS OF USE”). IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THE PAYNEAR SITE.

While Paynear makes reasonable efforts to insure that all material on the Paynear Site is correct, accuracy cannot be guaranteed. Paynear makes no representations or warranties as to the accuracy or completeness of the information contained in this website, results obtained from the use, or interruptions in the availability, of the Paynear Site. The Paynear Site is provided to you on an “AS IS”, “AS AVAILABLE” basis for your private personal use only. Any other use or attempt to use the Paynear Site for other purposes, directly or indirectly, by you or by a third party is prohibited.

Some portions of the Paynear Site may include links to third party sites. These links allow you to exit the Paynear Site and enter third party web sites. These links are provided only as a convenience. The linked web sites are not reviewed, controlled or examined by Paynear and Paynear is not responsible for the information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the linked site by Paynear. In no event shall Paynear be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties’ web sites or the information, advertising, products, resources or material accessed through these web sites.

The content on the Paynear Site and any intellectual property rights embodied therein are the property of Paynear or its content providers. None of the materials on this website may be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express permission of Paynear or the original copyright holder. You may print materials available on this website solely for your personal, non- commercial use, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Unauthorized use of materials contained on this site is expressly prohibited by law, and may result in civil and criminal penalties.

The trademarks, service marks, and logos used and displayed on this website are registered trademarks and trademarks of Paynear and others. Elements of the Paynear Site are protected by trade dress and other laws and may not be copied or imitated, in whole or in part. No license or right to use any trademark, service mark, logo, graphic, sound, or image, or element of the Paynear Site is granted by these Terms of Use or your use of the Paynear Site. Paynear aggressively enforces its intellectual property rights to the fullest extent of the law. Paynear’s trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without our prior, written permission.

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Paynear by you through the Paynear Site, including but not limited to intellectual property related thereto, will be treated as non-confidential and non- proprietary and Paynear may, without compensation, copy, incorporate, distribute or otherwise use such communications for any commercial or non- commercial purpose. You are prohibited from posting or transmitting to or from the Paynear Site any unlawful, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.

IN NO EVENT SHALL PAYNEAR BE LIABLE TO ANY PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST DATA, LOST BUSINESS, OR LOSS OF USE OF FACILITIES OR EQUIPMENT), OR ANY OTHER DAMAGES ARISING OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE PAYNEAR SITE, OR THIRD PARTY SITES LINKED TO OR FROM THE PAYNEAR SITE, EVEN IF PAYNEAR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you.

You expressly agree to indemnify and hold harmless Paynear, its subsidiaries, affiliates, officers, agents, and partners, and its and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and disbursements and court costs) arising from or in connection with your violation of these Terms of Use or your violation of any rights of any third party.

Paynear may without notice revise or replace the Terms of Use from time to time. So, please review the Terms of Use often. Accessing the Paynear Site after any changes to the Terms of Use have been posted will constitute your acceptance of all such changes. Unless expressly stated otherwise, any new features, products or services added to the Paynear Site shall be subject to the Terms of Use. Some new products, services, or features may require your acceptance of new or additional terms.

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including without limitation the warranty disclaimers and liability limitations set forth above, then such provision shall be deemed superseded by a provision that revised to be valid and enforceable under applicable law that most closely matches the intent of the original provision and the remainder of the Terms of Use shall remain in effect.