Terms & Conditions

TERMS AND CONDITIONS

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. This web site (the 'Site') is published and maintained by PayGram, a professionally managed company, headquartered in 15 Flr, Aurora Waterfront, Unit 7, 34/1 Gn Blk, Sec-V, Bidhan Nagar Ck Market, North 24 Parganas, Saltlake, West Bengal, India, 700091.

PayGram provides services to you subject to the following conditions. If you visit or do any transaction within this website, you accept these conditions. Please read them carefully.

THIS TERMS AND CONDITIONS IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.

PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY BEFORE YOU CLICK ON “I AGREED”. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS WEBSITE, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR TERMS AND CONDITIONS TO “PayGram.” AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.

SOFTWARE

Any software, including any files, usages generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to PayGram. PayGram retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

USER CONDUCT

In using this Site, you agree:

• Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
• Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
• Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
• Not to use or attempt to use another's account, service or system without authorization from PayGram, or create or use a false identity on this Site;
• Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
• Not to share your username and password with others either on or off the Site;
• Not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from PayGram access.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to India, that relate to your use of or activities on this Site. This Site is controlled and operated in India. If you are in a jurisdiction which restricts you from accessing this Site, do not access or use this Site. PayGram makes no representation that the Site is appropriate or available for use outside India.

PRIVACY POLICY

You acknowledge PayGram may use the data collected in the course of our relationship for the purposes identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use.

INFORMATION SECURITY

For your personal information we use proper security measures and apply ISO 270001:2013 Standard which assures you we follow the entire standard and keep your information safe and secure.

LINKS AND THIRD-PARTY CONTENT

This Site may from time to time contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by PayGram, of or responsibility for the linked Web sites or any content, services or products available on or through such sites.

Links from Other Web Sites

• All links to this Site must be approved in writing by PayGram, except that PayGram consents to links in which:
• The link is a text-only link containing only the title of the home page of this Site.
• The link points only to the home page of the Site and not to deeper pages.
• The link, when activated by a user, displays this home page of the Site full-screen and not within a "frame" on the linked Web site.
• The appearance, position, and other aspects of the link do not misrepresent or disparage PayGram.

Third Party Content

This Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither PayGram nor its affiliates shall have any liability whatsoever to you for any such third-party material, data or information.

DISCLAIMERS

This site and the content available through it are provided on an "as is" and "as available" basis. You expressly agree that use of this site and/or its content is at your sole risk. To the fullest extent permissible pursuant to applicable law, PayGram and its affiliates disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. You expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through the site, is at your sole risk. You understand and agree that you will be solely responsible for any loss to your business, your computer system or loss of data that results from the download of such content, data and/or software or equipment.

You acknowledge PayGram does not control information, products or services offered by third parties through the site. Except as otherwise agreed in writing, PayGram and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services distributed or made available by third parties through the site. PayGram does not make any warranty that this site or its content will meet your requirements, or that this site or its content will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. Nor does PayGram make any warranty as to the results that may be obtained from use of this site or its content or as to the accuracy, completeness or reliability of any information obtained through use of this site.

PayGram assumes no responsibility for any loss suffered by a user, including, but not limited to, loss of data from delays, nondeliveries of content or email, errors, system downtime, misdeliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of PayGram, its affiliates, its licensors, or a user's own errors and/or omissions. Except as specifically provided herein, PayGram disclaims any warranty or representation that confidentiality of information transmitted through the site will be maintained.

LIMITATION OF LIABILITY

Under no circumstances, including, without limitation, PayGram or its parents, subsidiaries, affiliates, officers, directors, employees, or suppliers shall be liable for any direct, indirect, incidental, special or consequential damages arising from or in connection with the use of or the inability to use this site or any content contained on the site, or resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received or not sent or received, including but not limited to, damages for loss of profits, use, data or other intangibles, even if PayGram has been advised of the possibility of such damages. The parties acknowledge that this is a reasonable allocation of risk. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

APPLICABLE LAW

These Terms of Use shall be governed by and construed in accordance with the laws of India. You agree to submit to the personal and exclusive jurisdiction of the Indian courts located within Navi Mumbai, India. These terms constitute the entire Terms and conditions between you and PayGram, governing your use of the Site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the Site must be filed within one year after it arose or be permanently barred.

ELECTRONIC COMMUNICATIONS

When you visit PayGram or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all Terms and conditions, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, hardware and equipment is the property of PayGram or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of PayGram, with copyright authorship for this collection by PayGram and protected by international copyright laws.

TRADE MARKS

PayGram trademarks and trade dress may not be used in connection with any product or service that is not PayGram, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PayGram. All other trademarks not owned by PayGram that appear on this site are the property of their respective owners.

LICENSE AND SITE ACCESS

PayGram grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of PayGram. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant or customer; or any use of data mining, robots, or similar data gathering and extraction tools and malware or virus or penetration testing. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PayGram. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of PayGram and our associates without express written consent. You may not use any Meta tags or any other hidden text utilizing PayGram or trademarks without the express written consent of PayGram. Any unauthorized use terminates the permission or license granted by PayGram. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PayGram so long as the link does not portray PayGram, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any PayGram logo or other proprietary graphic or trademark as part of the link without express written permission.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. PayGram reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant PayGram and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant PayGram and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify PayGram or its associates for all claims resulting from content you supply. PayGram has the right but not the obligation to monitor and edit or remove any activity or content. PayGram takes no responsibility and assumes no liability for any content posted by you or any third party.

PRODUCT DESCRIPTIONS

• Products Division
• Technology Services/Product development
• Trading

RESPONSIBILITY FOR YOUR SITE

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for the technical operation of your site and all related equipment; ensuring the display of Special Links on your site does not violate any Terms and conditions between you and any third party; creating and posting Product descriptions on your site and linking those descriptions to the PayGram site catalog; the accuracy and appropriateness of materials posted on your site; ensuring that materials posted on your site do not violate or infringe upon the rights of any third party; ensuring that materials posted on your site are not libelous or otherwise illegal; and ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, demands, and expenses relating to the development, operation, maintenance, and contents of your site. We also advise you to strictly abide by the terms narrated above and any non-observance of the terms therein shall determine our association with immediate effect.

COMPLIANCE WITH LAWS

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws of India that govern marketing email and all other anti-spam laws.

REFUND POLICY

The refund amount in case of any cancellation will be refunded within 48 hours. In case of no show the refund will be processed only after we get refund from the airlines, after deducting the airline cancellation charges and applicable service charge. The amount will be refunded in the form of e-money (limit) in your portal, the refund amount will not be deposited directly in your bank account, debit/credit card.

TERM OF THE TERMS AND CONDITIONS

The term of this Terms and Conditions will begin upon our acceptance of your Program Application and will end when terminated by either party. Either you or we may terminate this Terms and Conditions at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Terms and Conditions for any reason, you will immediately cease use of, and remove from your site, all links to the PayGram site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on sales of Qualifying Products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Effect of Termination: Upon termination of this Terms and Conditions by either side you will cease to be an affiliate and shall remove all links to the PayGram site as detailed herein above and non-removal of links and use of all or any of our trademark, trade dress, logos and price are treated as illegal crawling and infringement of our trademark.

MODIFICATION

We may modify any of the terms and conditions contained in this Terms and Conditions, without prior notice at any time and in our sole discretion, by posting a change notice or a new Terms and Conditions on the PayGram site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Terms and Conditions. Your continued participation in the program following our posting of a change notice or new Terms and Conditions on the PayGram site will constitute binding acceptance of the change. You and we are independent contractors, and nothing in this Terms and Conditions will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this clause.

INDEPENDENT INVESTIGATION

You acknowledge that you have read this Terms and Conditions and agree to all its terms and conditions. You understand that we may at any time directly or indirectly solicit customer referrals on terms that may differ from those contained in this Terms and Conditions or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this Terms and Conditions.

TERMS AND CONDITIONS CHANGE

We may in our discretion change these Terms, Conditions of Use and Privacy Notice, or any aspect of membership, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Your continued membership after we change these terms constitutes your acceptance of the changes. If you do not agree to any changes, you must cancel your order or services.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your visit to PayGram. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu, or by emailing us at: info@PayGrampay.in. Arbitration for any grievance process requires you to contact our Grievance officer.