Effective Date: 18-11-2024
Version: 1.0
This document, in adherence to the provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the Information Technology Act, 2000, constitutes an “electronic record” as defined under Section 2(t) of the Act. It is generated electronically and does not require any physical or digital signature for its validity.
Welcome to One8Pay! These Terms and Conditions ("Terms") govern your access to and use of the services provided by One8Pay, which include, but are not limited to, the Bharat Bill Payment System (BBPS), Payment Orchestration Platform (POP), and KYC & Background Services. Please read these Terms carefully before using our platform.
By registering, accessing, or using One8Pay’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use our services.
Overview of The User Agreement
One8Pay, managed and operated by Nio Evotech Private Limited (hereinafter referred to as “We,” “Us,” or “Our”), with its registered office at NIO Evotech Pvt. Ltd, B-609-610, 6th Floor, Tower B, Plot No. 8, Block-B, KLJ Noida One, Sector 62, Noida, UP - 201301, is a digital services platform offering:
- Bharat Bill Payment System (BBPS) for secure utility payments.
- Payment Orchestration Platform (POP) for streamlined payment gateway integration.
- KYC Authentication & Verification Services to ensure seamless identity verification for compliance.
- Future Services: Additional offerings may be introduced, and these Terms will be updated to reflect them.
By accessing or utilizing One8Pay, you (the “User” or “Merchant”) agree to abide by the terms outlined in this Agreement and any additional policies referenced herein.
Eligibility
To use One8Pay services, you must:
- Be at least 18 years old or of legal age in your jurisdiction.
- Operate a legitimate business or provide valid documentation during registration.
Access & Consent
1. Scope of Access:
- The One8Pay platform encompasses all its associated APIs, web pages, services, and features (collectively referred to as the "Platform").
- By using the Platform, you acknowledge and agree to be bound by these Terms and associated policies, as updated from time to time.
2. Acceptance of Terms:
- Usage of the Platform constitutes your unconditional acceptance of these Terms.
- It is assumed that you have read, understood, and agreed to comply with all rules and policies applicable to the services provided by One8Pay.
3. Right to Deny Access:
- One8Pay reserves the exclusive right to restrict or deny access to the Platform without prior notice, at its sole discretion.
4. Amendments and Updates:
- We reserve the right to update or modify these Terms at any time.
- It is the User’s responsibility to periodically review the Terms.
- Continued usage of the Platform following updates implies your acceptance of any changes.
Legal Obligations And Applicability
1. Compliance with Laws:
- As a User, you must ensure adherence to all applicable laws while using the Platform.
2. Definition of Relevant Laws:
The term “Applicable Laws” refers to:
- Any legislation, rules, regulations, or directives issued by government or regulatory bodies at the local, state, or national levels.
- Provisions issued by financial regulatory authorities, including the Reserve Bank of India (RBI).
- Guidelines, rules, and circulars from the National Payments Corporation of India (NPCI) or other relevant institutions.
3. User Responsibilities:
- Comply with data protection regulations and anti-money laundering laws.
- Ensure the accuracy and legality of all information provided to One8Pay.
- Avoid engaging in any activity that violates regulatory mandates or disrupts the services provided by One8Pay.
Setting Up Your One8pay Account
1. Account Creation:
- Users can register and create an account on the One8Pay platform free of charge. However, this fee policy is subject to change at the discretion of One8Pay. Any updates to the fee structure will be communicated through the Platform and will become effective immediately upon such notification.
2. Fee Policy:
- Unless stated otherwise, all fees will be quoted in Indian Rupees (INR).
- While the Platform is currently free to access and use, One8Pay reserves the right to introduce or modify charges at any time in the future.
3. User Obligations:
- Users must ensure that the information provided during account registration is accurate and up to date.
- One8Pay reserves the right to suspend or terminate accounts if any violation of these Terms or misuse of the services is detected.
Communication Policy
1. Providing Contact Information:
- Users are required to submit valid contact details such as an email address and phone number to access One8Pay’s services.
2. Consent to Communication:
By registering or using the Platform, you provide express consent for One8Pay to:
- Send notifications, updates, and service-related communications via email, SMS, WhatsApp, or other channels.
- Use the provided information for marketing, service enhancements, or compliance purposes.
3. Data Use and Compliance::
- Signing up on the Platform is considered an acknowledgment of One8Pay’s right to use the contact information for legitimate purposes.
- Users waive claims of infringement as the consent is explicit and voluntary.
Force Majeure
1. Definition::
A “Force Majeure Event” refers to any circumstance beyond the reasonable control of One8Pay, including but not limited to:
- Natural disasters such as fire, floods, or earthquakes.
- Civil unrest, strikes, or acts of terrorism.
- Government actions, power outages, or system failures.
- Cybersecurity incidents such as unauthorized access, hacking, malware, or other technical disruptions.
2. Limitation of Liability:
- One8Pay will not be held responsible for delays, failures, or losses caused by Force Majeure Events. Services may be suspended temporarily or modified as necessary to address the impact of such events.
Severability
Each provision of these Terms is distinct and severable. If any provision is determined to be invalid, illegal, or unenforceable under applicable law:
- The validity, legality, and enforceability of the remaining provisions shall remain unaffected.
- The Platform may revise or replace the invalid provision with one that aligns with the intended purpose and applicable laws.
Resolving Concerns And Disputes
1. Raising Complaints:
- Users may report any issues or dissatisfaction with the services provided by One8Pay through official support channels.
2. Responsibility and Limitations:
- One8Pay will take reasonable steps to address complaints; however, it is not liable for losses resulting from disruptions or third-party claims related to services.
- Users agree to settle disputes amicably before escalating matters to legal channels.
3. Governing Jurisdiction:
- Disputes will be governed by the jurisdiction and laws specified in these Terms, ensuring compliance with local regulations.
Intellectual Property
Ownership and Restrictions
1. Ownership of Content:
One8Pay owns and retains exclusive rights to all content and materials on the Platform, including but not limited to:
- Copyrights, patents, utility models, and designs.
- Trade secrets, know-how, software, applications, and source code.
- Meta tags, databases, text, content, graphics, icons, and hyperlinks.
These are the exclusive property of One8Pay or its affiliates and are protected under applicable intellectual property laws.
2. Trademarks and Copyrights:
Users are strictly prohibited from:
- Using, copying, reproducing, modifying, altering, or amending any content without prior written consent from One8Pay.
- Transmitting, broadcasting, editing, adapting, translating, distributing, performing, displaying, selling, or otherwise exploiting any intellectual property of the Platform without permission.
Indemnity
Usage of Marks
- 1. Prohibition on Unauthorized Use: Users are not permitted to use any trademarks, service marks, logos, or other brand identifiers (“Marks”) associated with One8Pay or its licensors without explicit written permission.
- 2. Compliance with Terms: Any use of One8Pay’s intellectual property must adhere to the conditions and guidelines established by the Platform or the actual owner of the property.
Liability for Misuse
Third-Party Intellectual Property:
- If a User publishes or uses any image, graphic, logo, design, or other intellectual property they do not own without obtaining prior permission from the rightful owner, the User will bear full responsibility for any loss or damage caused.
- One8Pay disclaims any liability arising from such unauthorized use and does not condone activities that infringe on the legal rights of others.
Indemnification:
- Users agree to indemnify and hold One8Pay harmless from any claims, damages, or losses arising from their infringement of intellectual property rights belonging to third parties.
- The Platform shall not be held responsible for any disputes between Users and third-party intellectual property owners.
Legal Enforcement
- Protection Measures: One8Pay reserves the right to pursue legal action in cases of intellectual property infringement, including unauthorized use, reproduction, or exploitation of its protected materials.
- Jurisdiction: Any disputes concerning intellectual property rights will be subject to the jurisdiction and laws specified in these Terms and Conditions.
Terms Breached and Violation
1. Disclosure of User Information:
One8Pay reserves the right to disclose your information, including identity, in response to:
- Any investigation or complaint regarding your activities on the Platform.
- Legal requests or processes, including orders from law enforcement agencies or government authorities.
- Situations where it deems disclosure necessary to protect One8Pay's rights, property, or safety, or that of its employees, Users, and the public.
2. Preservation of Communications:
All communications and data exchanged via the Platform may be preserved and disclosed by One8Pay if necessary to:
- Comply with legal processes.
- Enforce these Terms and Conditions.
- Address claims of rights violations by other parties.
- Protect the integrity and safety of the Platform.
3. Consequences of Violations:
- Termination of Access: One8Pay may, at its sole discretion, terminate or suspend your access to the Platform without prior notice if you breach these Terms or engage in activities deemed harmful to the Platform or its Users.
- Irreparable Harm: You acknowledge that violations may cause irreparable harm to One8Pay, for which monetary damages may not suffice. In such cases, injunctive or equitable relief may be sought against you.
Service Suspension and Account Termination
1. Right to Suspend or Terminate:
One8Pay reserves the right to temporarily or permanently suspend services or terminate user accounts for:
- Non-compliance with Terms, policies, or applicable laws.
- Engaging in prohibited or high-risk activities, such as fraud or unlawful transactions.
- Receipt of directives from legal or regulatory authorities to discontinue services.
2. Triggers for Immediate Action:
Suspension or termination may occur in instances such as:
- Suspicious or fraudulent activities tied to user accounts.
- High volumes of disputes, chargebacks, or refund requests.
- Misrepresentation of business activities or unauthorized changes in declared operations.
- Discovery of counterfeit or rights-infringing products/services.
3. Retention of Data Post-Termination:
- Even after termination, One8Pay reserves the right to retain and utilize data stored on its systems for legitimate purposes, including compliance with legal obligations or dispute resolution.
4. No Liability for Service Discontinuation:
- One8Pay is not liable for losses arising from account termination, especially when the termination is due to user misconduct, legal mandates, or regulatory compliance.
Payment Process and Adjustments
1. Merchant Payment Structure:
Upon successful completion of transactions, payments to merchants will be processed by One8Pay subject to deductions, including:
- Applicable fees, Transaction Discount Rate (TDR), and other outlined charges.
- Costs related to chargebacks, customer disputes, refunds, and adjustments.
- Taxes, penalties, or any expenses arising from legal or contractual obligations.
2. Deductions and Adjustments:
- Refunds and chargebacks will be handled on a gross transaction amount, with additional costs like exchange rate differences or convenience fees borne by the merchant.
- Suspicious or fraudulent transactions may lead to withholding or delayed settlement until resolution.
Reconciliation And Withheld Payments
1. Reconciliation Process:
Payments will only be released once One8Pay completes reconciliation, ensuring all adjustments and applicable deductions are accounted for.
- Withheld payments due to suspicious activity will remain on hold until validated.
2. Merchant Responsibilities:
- The merchant agrees to indemnify One8Pay against any losses incurred if funds cannot be withheld to cover suspicious charges.
Timelines And Payment Criteria
Merchant-Exclusive Responsibility:
Merchants bear financial responsibility for:
- Transactions deemed unlawful, erroneous, or unenforceable.
- Duplicate or disputed transactions resulting in chargebacks.
Recovery and Indemnity:
One8Pay retains the right to recover costs and set off claims against withheld funds or security deposits in cases of:
- Non-compliance with this agreement.
- Fraudulent or suspicious activities.
- Excessive chargebacks or customer disputes.
Liabilities For Transaction Issues
1. Merchant-Exclusive Responsibility:
Merchants bear financial responsibility for:
- Transactions deemed unlawful, erroneous, or unenforceable.
- Duplicate or disputed transactions resulting in chargebacks.
2. Recovery and Indemnity:
One8Pay retains the right to recover costs and set off claims against withheld funds or security deposits in cases of:
- Non-compliance with this agreement.
- Fraudulent or suspicious activities.
- Excessive chargebacks or customer disputes.
Chargeback And Fraud Management
1. Chargeback Policy:
Any chargebacks resulting from merchant activity will be recovered directly from the merchant’s account without protest.
- Failure to provide valid proof of transaction will result in deductions from unsettled transactions or credits.
2. Suspension of Payments:
- One8Pay reserves the right to suspend payments if fraudulent or non-compliant activities are detected.
Merchant Account Debits
1. Authorization for Recovery:
Merchants authorize One8Pay to debit their accounts for:
- Chargebacks or penalties incurred.
- Legal claims, costs, or fees arising from disputes, excessive chargebacks, or regulatory issues.
Indemnity Against Losses:
- Merchants agree to indemnify One8Pay for any losses, including legal fees and claims, caused by non-compliance or breaches of agreement.
Limitations Of Liability
1. No Liability for Merchant Fraud:
One8Pay disclaims liability for fraudulent transactions initiated by the merchant.
- The merchant is solely responsible for managing disputes and losses caused by fraudulent activity.
2. Right to Suspend Services:
- If the merchant engages in misrepresentation, breaches obligations, or violates terms, One8Pay may suspend services until corrective actions are taken.
Bank Account Change
- Migration to Core Banking System (CBS): Banks across India have adopted the CBS system, leading to updated 15 or 16-digit account numbers along with a new IFSC. Merchants must promptly notify One8Pay of these changes to ensure uninterrupted transactions.
- Relocation or Other Personal Reasons: Merchants may need to update bank details when relocating or for other valid reasons. Notifying One8Pay with the prescribed form ensures smooth payment processing.
Importance Of New Account Registration
- Updated Account Numbers and IFSC: The IFSC (Indian Financial System Code) and CBS account number are crucial for enabling NEFT/RTGS payments. These details are printed on the cheque leaf for reference.
- Timely Notifications: Merchants are required to submit updated bank account details to One8Pay at the earliest to avoid delays in receiving payments or refunds.
Steps To Change Bank Account Details
1. Submission of Documents:
- Fill out and submit the prescribed Bank Mandate Form to One8Pay Support.
- Provide a cancelled cheque or other valid documentation for the new bank account.
2. Forms for Specific Cases:
- Single Bank Account Change: Use the "Change of Bank Mandate Form."
- Multiple Bank Account Registration: Submit the “Multiple Bank Account Registration Form” along with documentation for each new account.
Default Bank Account Selection for Multiple Accounts
- Primary Account Designation: When registering multiple accounts, the merchant must specify a "default" bank account for receiving refunds or redemptions.
- Custom Account Selection: Merchants may choose a specific account for any redemption request. If no account is specified, the default account will be used.
Required Documentation for Bank Account Updates
1. New Account Documents:
Merchants must submit one of the following:
- Cancelled cheque with account holder’s name and account number.
- Latest bank statement or passbook entry not older than three months.
- Bank certification letter signed by an authorized bank official.
2. Old Account Documents (if applicable):
If the existing account is still active, merchants must provide:
- A canceled cheque or certified statement of the old account.
- If the account is closed, a bank-certified closure confirmation letter on official letterhead.
3. Purpose of Old Account Documentation:
- These documents verify the authenticity of the change request and protect against unauthorized or fraudulent activities.
Cooling Period for Bank Account Changes
- Precautionary Measures: A cooling period of 3–5 days is observed for any simultaneous bank account update and redemption request. This safeguard helps prevent unauthorized transactions.
Customer Data Protection Responsibilities
1. Merchant’s Security Measures:
- Implement administrative, technical, and physical safeguards equal to or better than those used for the Merchant’s own data.
- Ensure compliance with generally accepted security standards in the financial services industry.
2. Design Objectives of Safeguards:
- Protect customer information from unauthorized access or anticipated threats.
- Prevent misuse, loss, or damage to customer data.
- Ensure proper disposal of customer data after use.
Merchant’s Commitments for Data Security
1. Measures Against Unauthorized Access:
- Secure systems to prevent hacking or unauthorized modification of customer data.
- Periodically test systems for vulnerabilities and implement corrective measures.
2. Strict Access Controls:
- Limit access to customer information to authorized personnel only on a need-to-know basis.
- Maintain confidentiality agreements for all personnel handling sensitive data.
3. Separation of Data:
- Ensure customer information is not intermingled with data from other customers.
Incident Reporting Requirements
1. Mandatory Breach Notification:
- Report security breaches, violations, or suspected events to ONE8PAY within 12 hours of detection.
- Notify ONE8PAY’s designated representatives immediately to ensure rapid response.
User Obligations and Additional Terms
1. Compliance with Platform Terms:
- Users must accept and adhere to additional rules, guidelines, and disclaimers (collectively referred to as “Additional Terms”).
- In the event of a conflict between previously agreed terms and Additional Terms, the latter shall prevail.
2. Proper Use of the Platform:
- Users shall only use the platform for lawful purposes.
- Any misuse or actions prejudicial to One8pay’s interests, goodwill, or reputation are strictly prohibited.
User-Generated Content Requirements
1. Accuracy of Content:
- All content uploaded must be accurate, complete, and free of manipulation, fraud, or misleading information.
2. Restrictions on Objectionable Content:
Users must not host, upload, or share content that:
- Belongs to someone else without proper authorization.
- Is defamatory, obscene, harassing, or harmful to minors.
- Encourages unlawful activity, money laundering, or gambling.
- Infringes intellectual property rights or violates applicable laws.
- Contains viruses or malicious software.
- Threatens the sovereignty, security, or public order of India.
Objectionable Content and Liability
1. Reporting Violations:
- Users encountering objectionable content must report it immediately to One8Pay.
- After investigation, ONE8PAY will remove such content promptly.
2. Limitation of Liability:
- One8Pay disclaims liability for objectionable content uploaded by users but commits to taking swift action upon notification.
Limitations Of Liability
1. Platform and Device Issues:
- One8Pay acts solely as a facilitator for payment processing (e.g., BBPS, payment orchestration, and KYC services). It holds no responsibility for:
- Device malfunctions, hacking incidents, or service interruptions during platform usage.
- Viruses or harmful code that might affect user devices while accessing the platform.
2. Compatibility Disclaimer:
- The platform may not be compatible with all software, devices, or operating systems. One8Pay disclaims any liability for incompatibility issues.
Notices And Communication
1. Procedure for Notices:
- All official communications must be in writing and delivered by hand, post, or email to:
- For One8Pay: The contact details provided on the platform.
- For Users: The contact details provided during registration.
2. Effective Date of Notice:
- Notices will be considered effective:
- Seven days after posting.
- Immediately upon receipt for electronic communications or hand delivery.
Assignment Of Rights
1. User Restrictions:
- Users cannot assign their obligations or rights under these terms without prior written consent from One8Pay.
2. One8Pay’s Rights:
- One8Pay reserves the right to assign its rights and obligations under these terms to its affiliates or successors without user consent.
Privacy Policy
By using the One8Pay platform, you consent to the collection, processing, and use of your information by the terms outlined in our Privacy Policy. The Privacy Policy details how we manage, protect, and use your data while ensuring compliance with applicable laws.
Grievance Redressal
If you have any complaints, concerns, or grievances regarding the services provided by One8Pay, you may contact our Grievance Officer at:
Email: care@One8Pay.com
We are committed to resolving issues promptly and effectively within the timelines stipulated under applicable laws.