This Web Portal Terms of Use Agreement (the "Agreement") is a legal agreement between the Portal Users and Upay regarding the Use of this Portal for the purpose of providing services to Customers.

Online Terms and Conditions of Use The Use of the services by this Portal is Subject to the following Terms and Conditions of Use:

1. DEFINITION

1.1 "Portal Users" means an AGENT/Upay operator having a user ID provided by this portal. Portal" means the Internet portal https://www.Upay.com and other portals where Agents are enabled to use services, made available for Portal Users “Wallet” means a prepaid B2B virtual account available with an agent where the amount received from PORTAL USERS is parked and is adjusted against the service usageThis is an arrangement between the agent and Upay and only an efficient way of payment by agentsIt is not being used by end customers /third parties/citizens in any given circumstances.

2Terms of USE

On the Website (presently https://www.Upay.com and other sites providing services through), Upay makes available to the PORTAL USERS the services available on the portal after completing all registration formalities. Portal Users shall deposit an Initial deposit in an account maintained by Upayshall maintain a Separate Bank Account for the amount collected from Portal UsersThe amount deposited in this account is always reflected in a virtual counter/wallet shown on the portal for the portal users to knowA portal user will be able to use/deliver the services to citizens on a cash basis, till the amount in his virtual wallet remainsUpay has entered into agreements with Various Service Providers and each Service provider has given the rights to Upayfor Offering Services to Customers through Portal/Wallet Account Users and the commission for each service is also governed by this agreement Upay may change the rates at any time at its own sole discretionOn getting money (cash) from the end Customer, Portal Users Shall issue a Receipt to the customer and send intimation to Upay that he has received money from Portal Users for availing servicesUpay will deduct the designated amount from the portal user's Wallet for the service deliveryOn getting the amount from Portal Users through a separate account, Upay shall remit the agreed amount to the Service Provider and other parties involved in this Transaction after verification of accountsThe Use of the Services/wallet/portal shall be limited to Users who have authorized portal access from Upay . Upay reserves the right at any time without any notice to change/ withdraw /improve or otherwise modify the Website and/or the ServicesThis applies, in particular, but without limitation, to the information on the availability of Products, which shall in no case be construed as an engagement in the form of a binding contract all offer Upay reserves the right to modify these Terms and Conditions at any time without prior noticeNotice of modifications may be given by posting notice of such changes on Portal, by electronic mail, by facsimile, or by conventional mailThe Portal Users agree to continue use of Portal constitutes acceptance of all of the Terms and Conditions, as modifiedThe Customer may retrieve specific information connected with products via this Web PortalAny information provided shall only be for reference purposes and is not a definite pledgeAll important information, such as delivery dates, prices, availability, etc., is non-binding and subject to change from time to timeIn no case, balance in Portal User’s accounts will be refundedIf the Portal User is not using this service, then after 2 years, this amount may be forfeitedPortal users can top up the amount in this wallet using the options available on https://www.Upay.xn--com-9o0a which includes direct bank transfers and online debit/credit/net banking arrangements with various payment GatewaysFor topping up this wallet, charges as published by payment gateways will applyThe charges may vary from time to time and will be updated on the portal for reference.

3INTELLECTUAL PROPERTY RIGHTS

Portal is proprietary and is protected via various domestic and international laws and International Treaty provisionsOwnership of intellectual property rights lies with Upay onlyAll material on the Portal, including, without limitation, all informational text, design and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Upay . Or other parties that have licensed their material to Upay ., and are protected by copyright, trademark, trade dress, and other foreign and domestic intellectual property lawsUpay disclaims any proprietary interest in copyrights, trademarks, trade dress, service marks, logos, slogans, domain names, and trade names other than its ownTrademarks, logos, images graphics, audio, and service marks displayed are the property of either Upayor other third parties; you agree not to display or use such property without Upay ’sprier written permission. The Materials on Portal may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior written consent of Upay .Any modification of the Materials, use of the Materials on any networked computer environment, or use of the Materials for any purpose other than non-commercial use for the Customer´s internal business purposes, without the prior consent of Upay may be a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibitedIf you have properly accessed Portal, You may use and display the visuals, information, and documents contained in or made available through Portal solely for the Portal Users' internal business purposesAll rights not expressly granted herein by Upay to the Portal User is reserved by Upay or its licensors.

4. DISCLAIMERS

4.1 Upay provides the Services on an "AS-IS" basis and makes no warranty with respect thereto Upay does not warrant the availability, accuracy, integration, reliability, or completeness of the Website and/ or Services Upay shall not be responsible for problems caused by data transmission, computer hardware, computer operating systems, or the use of the Products in conjunction with other applications and/or services not made available by Upay nor for typographical or other errors or omissions on the Website.

4.2 Upay may provide hyperlinks to other internet websites maintained by third parties or may provide third-party content on PortalThe content in any such linked sites is not under Upay control and Upay is not responsible for the content of those sites, including any further links to another site.

4.3 Neither Upay nor its licensor make any warranty or representation with respect to the Products and Upay . disclaims any and all other warranties, express or implied.

5. LIABILITY

Upay shall not be liable to the Portal Users under or in connection with these Terms of Use except to the extent of Upay negligence where such negligence consists of a breach of a substantial contractual obligation and results in proven direct and foreseeable damage to the Customer, in which event the liability of Upayshall be limited to and shall in no event exceed Rupees ten thousand(10.000 INR) in respect of any one incident or series of incidents arising from the same cause. In no event shall Upay be liable for any special, consequential, incidental punitive, indirect or like damage or loss of whatsoever nature, including but not limited to, loss of profit or loss of business. Limitation of liability as described in this Section shall not apply if damage or loss is caused by Upay willful misconduct (including fraud) or gross negligence. Similarly, the limitation of liability provided for in this Section shall also not apply to damages caused by personal injury or otherwise prohibited by dispensable, mandatory law.
5.1 You hereby acknowledge and agree to indemnify and hold harmless Upay ., its licensors, and their respective affiliates, subsidiaries, assigns, officers, directors, and employees from all costs and expenses (including reasonable attorneys’ fees) in the event of any third-party claim relating to Your: (a) breach of any term or condition of this Agreement; or (b) Your use or misuse of Portal.

6. DATA PROTECTION

The processing and use of the User's personal data collected on the Website is affected in accordance with the Upay Data Protection Commitment, available on Privacy.

7. GENERAL

Severability Should provisions of these Terms of Use be entirely or partially invalid or unenforceable, or become so at a later date, the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected therebyThe ineffective or unenforceable provision shall be replaced with an appropriate provision, which comes closest to the object of these Terms of Use, or to the intention of the Parties had they included the matter in these Terms of UseThe same shall apply to gapsForce Majeure Upayshall not be liable for failure or delays due to causes beyond its reasonable control. Headings Headings are included solely for convenience and are not intended to be full and accurate descriptions of the content of the respective provision. SurvivalAll provisions of these Terms of Use which by their nature survive the expiration or cancellation of the Terms of Use or the unsubscription of the Services, including, without limitation to, those relating to intellectual property rights, disclaimers and limitations of liability shall survive the expiration or cancellation of the Terms of Use or the unsubscription from the Services.10.Printing You are encouraged to print a copy of the Terms and Conditions of this Agreement for Your records.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND ACCEPT THAT IT IS ONLY AVAILABLE IN ENGLISH, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Governing Law and Place of Jurisdiction Terms of Use shall be governed by Indian Laws and Jurisdiction is Surat, Gujarat. Successors and Assigns. The provisions herein shall be binding on the Parties and their respective successors and assigns.

8Taxation:

Portal Users shall be responsible for GST, Income Tax, and other applicable laws to the extent of the portal user’s share of the Commission Upay shall be Liable for the above-mentioned Taxes to the extent of Upay ’s share of CommissionTDS or other withholding taxes shall be deducted by Upay. only in the case where Upay shall pay a Commission to Portal UsersAnd cases where Portal Users receive commission directly from a third party, in that case Upayshall not deduct TDS or other withholding tax of Portal Users.

9. Customer Service

Questions or comments regarding the PORTAL or the Terms and Conditions of this The agreement may be submitted to help desk mailto:support@Upay.com | mailto:nodal@Upay.com

10Cyber Crime

Cyber Crime, Police Complaints, Bank Complaints, or Chargebacks,

Portal Users only add funds from their Own Bank Accounts or Deposit via cash by self only

Business Correspondent Account wallet load via QR, PG, Virtual Account, Cash Deposit, IMPS, NEFT, POS, MATM, AEPS in Upay Corporate Business Correspondent Account

Upay is Not Responsible for any Fraudulent or Dispute transaction trial investigation from Cyber Crime, Bank, or any Government Regulatory

Business Correspondent Account load via QR | PG | Virtual Account | Cash Deposit IMPS | NEFT | POS | MATM | AEPS  I am responsible for any dispute transactions, I take all legal responsibility as a Business Correspondent if any transaction belongs to my Business Wallet

Business Correspondent aware of Know Your Customer (KYC), Anti-Money Laundering (AML), Combating of Financing, of Terrorism (CFT), and obligations of regulated entities under the Prevention of Money, Laundering Act, (PMLA), 2002 in addition to ensuring compliance with relevant provisions under Foreign Exchange Management Act (FEMA) for overseas, remittances