Please read these Terms & Conditions carefully before using the XenPay Payment Solutions website and services.
These Terms & Conditions are a contract between you and XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED (referred to in these Terms & Conditions as "XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED", "us", "we" or "our"), the provider of the XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED website and the services accessible from the XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED website (which are collectively referred to in these Terms & Conditions as the "XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED Service").
To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:
You agree not to, and you will not permit others to:
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED with respect to the website shall remain the sole and exclusive property of XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED.
XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.
This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.
You acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.
If we decide to change our Terms & Conditions, we will post those changes on this page, and or update the Terms & Conditions modification date below.
XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.
XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED may from time to time provide enhancements or improvements to the features/functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and or functionalities of the website. You agree that XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and or functionalities of the website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.
This Agreement shall remain in effect until terminated by you or XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED.
XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer.
Termination of this Agreement will not limit any of XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
If you are a copyright owner or such owner's agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information:
You agree to indemnify and hold XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED nor any of its providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Notwithstanding any damages that you might incur, the entire liability of XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website.
To the maximum extent permitted by applicable law, in no event shall XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy) arising out of or in any way related to the use of or inability to use the website, third party software and or third party hardware used with the website, or otherwise in connection with any provision of this Agreement, even if XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED on the Services, shall constitute the entire agreement between you and XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
You and XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED.
The Agreement constitutes the entire agreement between you and XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED.
You may be subject to additional terms and conditions that apply when you use or purchase other XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED services, which XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED will provide to you at the time of such use or purchase.
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED, its licensors or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
This section applies to any dispute, except it does not include a dispute relating to claims for injunctive or equitable relief regarding the enforcement or validity of your or XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED's intellectual property rights. The term "dispute" means any dispute, action, or other controversy between you and XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.
In the event of a dispute, you or XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: info@xenpay.in. XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED may commence arbitration.
If you and XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED don't resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED without any compensation or credit to you whatsoever. XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
In the event a product and or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED. XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED operates and controls the Service from its offices in India. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms & Conditions (which include and incorporate the XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED Privacy Policy) contain the entire understanding, and supersede all prior understandings, between you and XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED is not responsible for any content, code or any other imprecision, and does not provide warranties or guarantees.
In no event shall XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED be liable for any special, direct, indirect, consequential, or incidental damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED is a distributor and not a publisher of content supplied by third parties; as such, it exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Service. No oral advice or written information given by XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED or any of its affiliates, employees, officers, directors, or agents will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, XENPAY PAYMENT SOLUTIONS PRIVATE LIMITED does not warrant that the Service will be uninterrupted, uncorrupted, timely, or error-free.
