Terms And Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By registering at or merely browsing on Our Site, You have unconditionally agreed to be bound by all of these terms and conditions of Service for use and access of the Site. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE SITE BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN.

If You do not accept any of the User Terms, then please don't use the Site or avail of any of the Services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND BPSPLUS PVT LTD IN RESPECT OF THE SERVICES OFFERED/AVAILED USING THE SITE.

1. Definitions

All of the defined and capitalized terms in these User Terms will have the meaning assigned to them herein below:

1. "Account" shall mean and refer to the account created by the Customer on the Site after providing the Registration Data for availing of the Services provided by payRup.
2. "Applicable Laws" shall mean and include all applicable statutes, enactments, acts of the legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental authority, tribunal, board, or a court and applicable international treaties and regulations, in force at the relevant time in India.
3. "Charges" shall mean any charge and/or fee levied by payRup to the Customer.
4. "Merchant" or "You" or "Your" or "Yourself" shall mean and refer to a person who has an Account for the purpose of availing of the Services and who has accepted these User Terms.
5. "myRupee" Wallet” shall mean the Wallet, wherein You have provided appropriate information to Us as per the KYC Norms prescribed by the RBI from time to time.
6. "Merchant" shall mean an individual or a duly incorporated organization that accepts payments for its products/services through the Wallet or other payment mechanism made available to the customers on the SITE.
7. Service(s)" shall mean and include without limitation the facilitation of payments to Merchant/(s) for the products/services availed by the Customer from the Merchant/(s) using the Wallet or other payment mechanism made available to the customer on the SITE and enabling receipt of such payments by the Merchant.
8. "Site" shall mean the website having the domain name https://payrup.com/ and any such other websites and mobile applications as may be developed and /or operated by payRup, whether singly or in collaboration/partnership with another entity. For clarity, the Site shall include without limitation the myRupee Wallet powered by payRup.
9. "Transaction" shall mean every payment request or order placed by the Customer using the For clarity, Transaction shall include failed Transactions.
10. "User Terms" or "T&Cs" shall mean and refers to these terms and conditions that are available on the Site, and which govern the use of Services, including the Privacy Policy
11. "payRup” or "We" or "Us" or "Our" or "Ourselves" shall mean and refer to BPSPLUS PVT LTD, a company incorporated under the Companies Act, 2013 and having its registered office at Office No: 6, 3rd Floor, Gamma Block, Sigma Soft Tech Park, Varthur Kodi, Whitefield, Bengaluru, Karnataka - 560066 and shall include its successors and assigns.
12. "Wallet" shall mean and refer to a prepaid payment instrument, in the nature of an electronic vault for currency or any other modes as per Applicable Laws, issued by payRup whether singly or in collaboration with another entity available to the Customers, in the electronic form, which is routed through mobile phones, internet, computer systems or through other media. For clarity, Wallet includes a reference to myRupee Wallet powered by payRup.

2. Interpretation

1. References to statutory provisions shall be construed as meaning and including references to any amendment or re-enactment thereof for the time being in force, and to all statutory instruments or orders made pursuant to such statutory provisions.
2. The headings of the various clauses in these User Terms are only for quick reference and identification purposes and are not to be taken as a statement of the content of the clauses thereunder. They shall not be capable of restricting or otherwise altering the provisions and interpretations contained in the various terms of these User Terms.
3. The singular includes the plural and vice versa, and words importing a gender include other genders.
4. References to the words "include" or "including" shall be construed without limitation.
5. References to these User Terms or to any other agreement, deed, or other instrument or document shall be construed as a reference to such agreement, deed, or other instrument or document as the same may, from time to time, be amended, varied, or supplemented.
6. Any reference to a natural person will, unless repugnant to the context, include his heirs, executors, and permitted assigns. Similarly, any reference to a juristic person such as payRup will, unless repugnant to the context, include its affiliates, successors, and permitted assigns.
7. Throughout these User Terms, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.

3. Use of Site

1. You agree, undertake and confirm that Your use of the Site shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update, or share any information that:
1. belongs to another person and to which You do not have any right; or interferes with another Customer's or user's use and enjoyment of the Site or any other individual's use and enjoyment of the Services; or
2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or threatening or harassing including but not limited to any violation as under the Indecent Representation of Women (Prohibition) Act, 1986; or
3. is patently offensive including content that is sexually explicit, or promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual; or
4. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or
5. infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number); or contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
6. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
7. contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his or her guardian in the case of a minor; or
8. tries to gain unauthorized access or exceeds the scope of authorized access; or
9. engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites; or
10. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Site, contains content that would be prohibited, or that violates the letter or spirit of these T&Cs; or
11. harms minors in any way; or
12. is violative of Applicable Laws; or
13. deceives or misleads the addressee/ Customers about the origin of such messages, or communicates any information which is grossly offensive or menacing in nature; or
14. impersonates another person; or
15. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personally identifiable information or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site; or
16. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign States, or public order or causes incitement to the commission of any
17. cognizable offense or prevents investigation of any offense or is insulting to any other nation; or
18. is false, inaccurate, or misleading in any way; or
19. directly or indirectly, offers, attempts to offer, trades, or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law for the time being in force; or
20. creates liability for Us or causes Us to lose (in whole or in part) the services of Our ISPs or other suppliers or has an adverse impact on the business being carried on by Us in any manner whatsoever.
2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity and take all steps required at our sole discretion.
3. You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other Customer of payRup, including any Account or Wallet or Card not owned by You, to its source, or exploit the Site or any Service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Site. In the event that We suspect Your involvement in any of the activities as stated above, We reserve the right to bar any such activity and take all steps required at Our sole discretion.
4. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site Our systems or networks, or any systems or networks connected to the Site.
5. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or payment You send to Us on or through the Site or any Service offered on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
6. You may not use the Site or any content for any purpose that is unlawful or prohibited by these User Terms, or to solicit the performance of any illegal activity or other activity that infringes the rights of payRup, the Customers, or others.
7. You shall not use the Services or Site in any manner that could damage, disable, overburden, block or impair any of the servers connected to the Site. You shall not attempt to gain unauthorized access to the Services through hacking, password mining, or any other means.
8. You shall not reverse engineer, decompile, or disassemble any software used to provide the Services.
9. You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation of payRup or its Merchants on the Site, or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks or trade name, as may be owned or used by Us.
10. You shall not engage in advertising to, or solicitation of, other Customers of the Site to buy or sell any products or services, including, but not limited to, related services being displayed on or in relation to the Site. It shall be a violation of these User Terms to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to another person outside of the Site without Our prior written consent.
2. You have the option to request Us to send You information regarding any other services, discounts, and promotions provided by Us. If you require Us to provide You information regarding offers, discounts, and promotions relating to the Services availed by You, click "Yes", otherwise click "No" in the communication sent to You. If you click "Yes", We or an authorized representative, shall provide the above information to You by way of an SMS or email to Your registered mobile number/ email address. You also have the option to discontinue receiving such information. To discontinue receiving such information, You may email Us at [support@payrup.com]. Such discontinuation shall take effect within thirty (30) days of receipt of a written request from You.
3. You expressly grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, database rights, or any other rights You have in Your information (including Personal Information), so as to enable Us to use the same in a manner wherein We are not in violation of Your rights under any Applicable Laws. You also expressly grant us the rights to use Your information in any media now known or not currently known, with respect to Your information. We will only use Your information in accordance with these User Terms and Our Privacy Policy.
4. Any offers, or promotions by payRup in relation to the Wallet or other payment mechanism made available to the customers on the SITE shall be subject to the terms and conditions issued along with such offer and payRup shall at its sole discretion modify/alter such terms and conditions and You agree to be bound by such terms and conditions when accepting the offer.
5. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to comply with Applicable Laws or any valid government/other authority's request. This may include, without limitation, disclosure of the information in connection with an investigation of any allegedly illegal activity or solicitation of illegal activity, or disclosure in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to the law enforcement department or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes.
6. We reserve the right but have no obligation, to monitor the materials posted on the Site. We shall have the right to remove or edit any content that in Our sole discretion violates, or is alleged to violate, any Applicable Law or either the spirit or letter of these User Terms. Notwithstanding this right of payRup, YOU SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Our views. In no event shall We assume or have any responsibility or liability for any content posted or for any claims, damages, or losses resulting from the appearance of such content on the Site and/or its use thereof. You hereby represent and warrant that You have all necessary rights in and to all the content You provide and to all the information contained therein and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
7. It is possible that other Customers (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Site and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain Personal Information about You on the public forum due to Your use of the Site, and the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Site, You acknowledge and agree that We shall not be responsible or liable for the use of any Personal Information that You publicly disclose or share with others on the Site, and for any unauthorized disclosure due to any reason not solely attributable to Us. Please carefully select the type of information that You disclose or share on the Site and with other users of the Site.
8. We shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through a group/s of people, intentionally or unintentionally in DoS/DDoS (Denial of Services/Distributed Denial of Services).
9. We shall have the right to block the account and wallet if Fraudnt activities are found to be happening in the payrup App/website
10.  We shall have the right to block the account and wallet If Irrelevant details are submitted during the Onboarding process
11. If the user/Merchant closes the account within 30 days then 50Rs will be charged as a Process Fee and the rest of the amount from his wallet will be transferred to his desired account

4. Content posted on the Site

1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Us, and is protected by copyright, patent and trademark laws, and various other intellectual property laws.
2. Except as expressly provided in these User Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website or another medium for publication or distribution or for any commercial enterprise, without Our prior written consent.
3. You may use the information on Our Services purposely made available by Us for downloading from the Site, provided that You:
1. do not remove any proprietary notice language in all copies of such documents; or
2. use such information only for Your personal, non-commercial informational purpose, and do not copy or post such information on any computer network or broadcast it in any media; or
3. make any modifications to any such information; or
4. do not make any representations or warranties on Our behalf relating to such information.

5. Third-Party Services/Links

1. We do not take responsibility or liability for the actions, products, content, and Services on the Site, which are linked to Merchants and/or third-party websites using Our APIs or otherwise. In addition, We may provide links to third-party websites and certain other businesses on the Site. We assume no responsibility for examining or evaluating the products and services offered by them or for any third-party content/ information. We do not warrant (i) the offerings of any of these businesses or the content of such third-party website(s) and/or Merchant websites, and (ii) the genuineness of any third-party content. We do not in any way endorse any Merchant websites and third-party website(s) or any content thereof.
2. All Transactions and/or reloads shall be effected using the services of an entity providing payment gateway/processor services ("PG”). S"ch PG may either be payRup or any of its affiliates or co-branding partners or unrelated third parties. You agree and undertake to share relevant Payment Details including credit/debit card details ("Card Details”) with the PG for the successful completion of all Transactions/reloads and authorize the PG to complete such Transactions/reloads. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your Payment Details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by you at the Merchant sites of any of payRup's affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event, You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site and at the Merchant sites of any of payRup's affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
3. The PGs may further make available to you, the option of auto-debits from your bank account linked with the Account held with payRup for the purposes of cyclical payments. The availing of such services shall be subject to your acceptance of the terms and conditions of such facility laid down by the concerned PG. payRup, shall not be responsible or liable for the same.
4. We may tie up with third-party entities where you might be permitted to reload Your Account through the reward points, scores, etc. accumulated by you with such third-party entities. In such an event, in addition to these User Terms, You may also be bound by the terms and conditions of such third-party entity.
5. We welcome links to this Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us or any other representation or warranty by Us. You must not use on Your site or in any other manner any trademarks, service marks, or any other materials appearing on the Site, including any logos or characters, without Our prior written consent and the consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another third-party website, or present in conjunction with or juxtaposed against such a website, any of the content or other materials on the Site, without our prior written consent.

6. Intellectual Property Protection

1. All trademarks, brands, and service marks used in connection with the Site or the Services offered by Us are owned by payRup and/or its affiliates and/or its co-branding partners and are payRup's and/or its affiliates and/or its co-branding partners property, as the case may be; payRup and/or its affiliates and/or its co-branding partners own all copyrights and intellectual property rights and database rights in connection with the Services and the Site. Third-party trademarks may appear on this Site and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property.
2. You agree to abide by Applicable Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any Applicable Laws and for any infringements of any intellectual property rights caused by the use of the Site.

7. Disclaimers

1. We shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, etc. are processed in a timely manner. However, we make no representations or warranties regarding the amount of time needed to complete such processing because our Service is largely dependent on many factors outside our control.
2. Except for Our limited role in processing payments that You authorize or initiate, We are not involved in any underlying transaction between You, any other Customer, Merchant, bank, or another third party. We are not a selling agent in relation to any sale of goods or services to You by any Merchant or any other third party.
3. We will always endeavor to provide the Services to You to the best of Our ability. You are however aware that the Services will involve transmissions over various networks and that they will change to conform and adapt to the technical and other requirements of connecting networks, devices, and entities. payRup cannot take on any liability or responsibility for any loss, damage, etc. arising as a result thereof.
4. Without limitation and without prejudice to the foregoing paragraphs, payRup shall not be liable for:
1. any defect or deficiency in any goods and services purchased by You or availed as a benefit, privilege, or facility attached to the Service;
2. Refusal by or inability of a Merchant to honor or accept the Wallet or other payment mechanism made available to the customers on the SITE.
3. handing over of the relevant access control/password/PIN by You to any other person; and
4. the quality, safety, reliability, legality, delivery, or any other aspect of any goods or services that You may purchase using the Wallet or other payment mechanism made available to the customers on the SITE.
5. Your use of the Service is at Your sole risk. The Service is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including without limitation, any representation or warranty for the accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness.
6. Without prejudice to the foregoing paragraph, We do not warrant that:
1. The Site will be available at all times and in all locations in India;
2. The information on the Site is complete, true, and accurate;
3. The Site; the information, Content, materials, product (including software) or services available on, or otherwise made available to You through the Site; the servers; or any electronic communication sent by Us, are free of viruses or other harmful components;
4. Nothing on the Site constitutes or is meant to constitute, advice of any kind.
7. We make no express or implied representations or warranties about Our Services or the Site, and We disclaim any implied warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose or use or non-infringement. We do not authorize anyone to make a warranty on Our behalf and You must not rely on any statement of warranty made by any third party, claimed to be a warranty made by Us.
8. payRup and its representatives, officers, employees, agents, and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs), or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained in the Site, including any Content.
9. Where We publish or provide Content or advertisements as part of a Service, We do not warrant or represent that the Content or advertisements are suitable, accurate, complete, reliable, or appropriate; neither do We endorse the Content or the advertisements; and You will obtain independent professional advice at Your own cost before You take any action based on such Content or advertisements.
10. Your correspondence or business dealings with, or participation in promotions of, third-party advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Site.
11. When You acquire goods, software, or any other services from a third party through any of our Services, You understand and agree that: (i) We are not a party to the contract between You and the third party; (ii) We are under no obligation to monitor the third party service used by You; the third party will be responsible for all obligations under the contract with You, including (without limitation) warranties or guarantees; (iv) You will evaluate the product, software or service, and the applicable terms and conditions before acquiring the product, software or service. We shall take no liability as regards You availing any goods, software, or services from a third party through any of our Services. All the services to be availed of and/or the goods to be purchased /procured by the Customer from the Merchants and/or third parties under these User Terms will be at his/her own risk and costs. payRup shall not be liable and/or responsible in respect of the title, quantity, quality, or any other aspect related to the Merchant goods and/or services, and no guarantee, warranty, or indemnity of any kind shall be given or deemed to be given by payRup in respect thereof.

8. Indemnity and Limitation of Liability

1. You will defend, indemnify and hold harmless payRup and each of its affiliates (and their respective employees, directors, agents, and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest, and expenses (including reasonable attorneys' fees) arising out of any Claim (as defined herein below) that arises out of or relates to the use or misuse of the Services or any violation of these User Terms. For purposes hereof, "Claim" shall mean any claim, losses, cost, expenses, damages, action, audit, investigation, inquiry, or other proceeding instituted by any person and/or entity and/or gov