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Terms & Conditions

Terms of Use

This Terms of Use (the “Terms”) is a legal agreement between Sarvatra Technologies Private Limited a company incorporated under the laws of India with its office at Siddh Icon, Survey No. 1/1, 3rd floor, Baner Road, Baner, Pune, Maharashtra 411045 (“Sarvatra”) and the individual that has availed the Services in connection with the Product offered by Sarvatra (the “User”).

These Terms provide and capture important legal information and terms and conditions about the User’s usage, and access of the Product/Services.

Sarvatra has and continues to have the right to modify, change, substitute, remove, suspend, or update these Terms or any information in it at any time by highlighting through the Product/Documentation about such change. Such changes to these Terms shall be effective immediately upon posting through the Product the revised Terms and a notification related thereto. For the avoidance of doubt, Sarvatra may also withdraw any information uploaded by Sarvatra from the Product or Services (as defined below) at any time. These Terms were last modified on April 28, 2023.

BY ACCEPTING THESE TERMS, BY CLICKING ‘I AGREE’ (OR SIMILAR BUTTON) OR USING THE PRODUCT AND THE SERVICES, THE USER ACKNOWLEDGES THAT THE USER HAS READ THESE TERMS AND THAT THE USER AGREES TO ABIDE BY THESE TERMS.

If the User is entering into these Terms on behalf of a company or other legal entity, the User represents that it has the authority to bind such entity to the terms and conditions of these Terms and, in such an event, “User” as used in these Terms shall refer to such entity. If the User does not have such an authority or does not agree to these Terms, then the User must not accept these Terms and shall not use the Services.

The User shall not access the Services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.

Sarvatra and the User are individually referred to as a “Party” and collectively as the “Parties”.

  1. DEFINITIONS

    • “Documentation” shall mean any accompanying documents, content, data, user guides, online help, release notes, training materials, if any provided by Sarvatra to the User along with the Product.
    • “Enhancements” shall mean any modification, update, upgrade, or addition to the Product that, when made or added to the Product and its modules currently being used by the User, provides minor functionality or enhancements to the Product but does not change overall utility, functional capability, or application, where such modifications or additions are generally made available by Sarvatra to all its customers as a part of the Product.
    • “User Data” means all the data provided by User through the Product for use in connection with the Services.
    • “Infringing Activity” shall mean any activity of violating any intellectual property rights in the Products/Services and which in the absence of a license, would give rise to liability for infringement (or inducement of infringement or contributory infringement) of such intellectual property rights.
    • “Product” shall mean the secured, identity less payment services in the form of application named HydePay.
    • “Services” shall mean the services offered by Sarvatra under which the Product hosted by Sarvatra is made available to the User along with support and maintenance services for the Product.
  2. Usage of Product/Services

    The User understands that all applicable guidelines/processes of Reserve Bank of India shall apply to the Product/Services.
    The User further acknowledges and understands that for Sarvatra to provide the Services to the User of ensuring the security of the stored payment instrument using EMVCo Standards, the User is required to give consent to Sarvatra regarding the same. In case the User does not provide the consent, or desires to withdraw the consent already provided, the User will not be able to use the Products/ Services.
    The User is requested to contact the User’s Issuer Bank regarding any disputed transaction.
    Note: HydePay protects the User from sharing personal data with the merchant, but the transaction takes place between the User’s Issuer Bank and the Merchant’s bank.

  3. RESTRICTIONS

    The User shall not, directly or indirectly, i) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, alter, sell, license, distribute, publicly perform or display, transmit, publish, edit, adapt, reproduce or otherwise make any changes to the Product or create any derivative works, ii) use the Product in any manner to provide time-sharing, benchmarking or other services to third parties, except as expressly provided herein, or allow any third party to access or benefit from the functionality of the Product, iii) use the Product, or allow the transfer, transmission, export, or re-export of the Product or portion thereof in violation of any applicable export control laws or regulations, iv) use the Product for any purpose other than the purpose specified under these Terms, , (v) allow the Product to be used for applications / instances in excess of the ones subscribed by the User vi) use the Product to develop any competing or similar product, vii) engage in any Infringing Activity, or viii) use any of the Product’s components, add-ons, files, modules, externals, contents including associated license material separately from the Product, or ix) use the Product with any unsupported software or hardware (as described in the applicable Documentation provided by Sarvatra) (x) provide false information to Sarvatra via the Product/Services or impersonate another entity/person while availing the Services/using the Product. The User shall have no rights over the Product other than as specifically granted herein. All rights not specifically and unequivocally granted to the User are reserved by Sarvatra.

  4. USER’S RESPONSIBILITIES AND REPRESENTATIONS

    1. Account Management: As a condition for using Services, the User may be required to register with Sarvatra and select a password and enter the mobile number & email address. The User shall ensure any information provided to Sarvatra via the Product is accurate, complete, and updated. The User shall not provide false identity information to gain access to or use the Services. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of User’s account.
    2. Compliance with Laws: The User shall comply with all applicable local, state, national and foreign laws in connection with its use of the Services, including those laws related to data privacy and the transmission of technical or personal data. The User acknowledges that Sarvatra exercises no control over the accuracy and verity of the information transmitted by the User through the Product.
    3. Security of the Account details, Password, HydePIN generated by the Product: Any and all responsibility relating to the confidentiality and security of the User Account details, HypePIN, Password etc shall be of the User and Sarvatra disclaims any responsibility and liability regarding the same.
    4. Access: The User shall be solely responsible for the acts and omissions of the User. Sarvatra shall not be liable for any loss of data or functionality caused directly or indirectly by the User.
    5. User Content. The User is solely responsible for accuracy, quality, integrity, legality, reliability, appropriateness and updating of all the User Data uploaded on the Product, and for ensuring that the User Data does not (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, or (ii) breaches or conflicts with any obligation of the User pursuant to any agreement, or (iii) contain anything that is obscene, defamatory, harassing, offensive or malicious, or (iv) contain any virus, trojan etc. and any illegal data.
    6. Reporting of any issue: The User understands and acknowledges that Sarvatra is only ensuring the security of the stored payment instrument using EMVCo Standards. Any dispute relating to the following will have to be taken by the User with their Issuer Bank:
      1. Transaction not getting completed due to payment gateway’s failure or the User not complying with the instructions given in the Documentation.
      2. Any reversals or refunds which are claimed for a successful transaction.
      3. Any disputes arising out of non-fulfilment of goods, offers and/or services by the merchant accepting HydePay.
    7. Compliance with the Terms: The User agrees to always comply with the Terms. By User’s acceptance of the Terms, Sarvatra grants the User a limited, non-exclusive, non-transferable, non-sublicensable, personal right to use the Product and Services during the Term.
    8. Reporting fraud: The User is requested to contact the Issuer Bank to report any instances of fraud that the User may have encountered while using HydePay.
    9. The User represents that the User is competent to enter into these Terms and has the right and capacity to use the Product/Services.
    10. The User undertakes to install/have in place proper safeguards against virus/malware or other damaging codes to ensure security.
  5. SARVATRA’S REPRESENTATION

    The Product/Services is/are and shall always be in compliance with the applicable laws and relevant regulatory guidelines and circulars.

  6. DISCLAIMER

    EXCEPT FOR THE LIMITED WARRANTIES SET OUT HEREIN, THE PRODUCT AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR COVENANTS WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY EXPRESS, STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY OR FITNESS FOR A  PARTICULAR PUPROSE, NON INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY, OR ARISING OTHERWISE IN LAW OR EQUITY OR COVENANT BASED ON A COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND EXCLUDED. SARVATRA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET USER’S REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR THE SERVICES WILL OPERATE IN COMBINATION WITH USER DATA, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY SARVATRA.
    THE USER ACKNOWLEDGES THAT SARVATRA IS NOT RESPONSIBLE FOR DAMAGES SUFFERED BY THE USER THROUGH USE OF THE PRODUCT AND THE SERVICES.
    THE USER ACKNOWLEDGES THAT SARVATRA DOES NOT CONTROL THE TRANSFER OF INFORMATION OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.
    SARVATRA DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ANY HYPERLINKED WEBSITE OR SERVICE.

  7. MODIFICATION OF THE TERMS

    Sarvatra reserves the right to change, modify, add, or remove portions of these Terms (“Change/s”) at any time by giving a notification related thereto. The Changes shall become effective and shall be deemed accepted by the User 24 hours after the initial posting and shall apply immediately with respect to the User’s use of the Product and availing the Services. In case the User does not agree with any such Change, the User’s sole and exclusive remedy shall be the termination of the usage of the Product. The User’s continued use of the Product following the posting of changes shall be deemed as the User’s acceptance to such Changes.

  8. INTELLECTUAL PROPERTY RIGHTS

    Ownership: The Parties acknowledge and agree that the Product is owned and shall always be owned and operated by Sarvatra. The design, graphics, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Product are and shall always be under the sole ownership of Sarvatra, including but not limited to those which are protected by Indian copyright, patent, and trademark laws, and all other relevant intellectual property and proprietary rights, and applicable laws and whether registered or not. All intellectual property rights, including but not limited to trademarks, service marks, and trade names relating to the Product/Services are the property of Sarvatra. The User agrees not to remove, obscure, or alter such intellectual property rights or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Product.
    Any and all rights to the Services, Documentation, Enhancements, reports and branding thereof including title, ownership rights and intellectual property rights such as copyrights, trademarks, service marks and patents therein is the sole and exclusive property of Sarvatra. These Terms does not grant the User any rights, title and interest in and to Product, Services, Documentation, its contents, and branding thereof including Sarvatra’s intellectual property rights. Any rights not expressly and unequivocally granted to the User are reserved.
    From time to time, the User may provide feedback, suggestions, requirements, or recommendations (“Feedback”) regarding the Product or the Services. The User hereby assigns to Sarvatra all right, title and interest to such Feedback and an exclusive right to create any developments based on such Feedback.
    The User shall retain title to and all ownership rights in the User Data.  The User hereby voluntarily grants to Sarvatra a worldwide, non-exclusive, and non-transferable limited-term license to collect process, store, and use the User Data solely as necessary to provide the Services to the User.

  9. CONFIDENTIALITY 

    1. “Confidential Information” shall mean information disclosed by one Party to the other and which includes, without limitation the all the information related to the Product, Services, Documentation, Enhancement, financial, business, technical and marketing information, business plans, methods, processes, inventions, techniques, designs, data, know-how, ideas, concepts, personal information, trade secrets, and any other information related thereto. Confidential Information does not include information which: a) is in the public domain; (b) was known to the Party of such disclosure or becomes known to the Party without breach of any confidentiality agreement; (c) is independently developed by either Party without violating any confidentiality obligations stated herein; (d) is disclosed pursuant judicial order or requirement of the governmental agency or by operation of law.
    2. The receiving Party shall only use the Confidential Information for the purpose it is disclosed for. Furthermore, the receiving Party shall keep Confidential Information and data received from the disclosing Party in strict confidence and shall use the same only as is necessary to complete obligations under these Terms and to provide Service to the User.
    3. The confidentiality obligations stated herein shall survive any termination or expiration of these Terms.
    4. The receiving Party agrees that any violation of the confidentiality obligations will cause irreparable injury to the disclosing Party, entitling disclosing Party to obtain injunctive relief in addition to all legal remedies.

  10. INDEMNITY

    The User shall indemnify, hold harmless and defend Sarvatra against any costs or damages arising out of or in connection with any claim relating to (i) the User’s breach of or violation of applicable laws and regulations or (ii) use of the Product other than as permitted under these Terms, or (iii) a third party claim made against Sarvatra for infringement or misappropriation based upon following conduct of the User: (a) the User’s combination or use of the Services with software, services, or products developed by the User or third parties; (b) the User’s Data infringing any patent, copyright or trademark, or misappropriates any trade secret. This clause shall survive any termination, expiration of these Terms.

  11. LIMITATION OF LIABILITY

    NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES, HOWSOEVER CAUSED IN CONNECTION WITH THIS AGREEMENT EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  SARVATRA FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY, WARRANTY, GUARANTEE REGARDING THE PRODUCT/SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

  12. TERM AND TERMINATION

    1. The Parties agree that these Terms shall be effective from the date on which the User accepts the Terms (“Effective Date”) and shall remain effective till the time the User uses the Services.
      The User agrees that Sarvatra, in its sole discretion, for any reason including breach of these Terms by the User or for no reason, and without penalty, may suspend or terminate the User’s account, and/or such User’s access to the Product and/or provision of Services to such User and remove and discard from the Product all or any part of such User’s account, profile, at any time, with or without notice. The User agrees that Sarvatra shall not be liable to the User or any third party for any such termination or interruption.  Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.   These remedies are in addition to any other remedies that Sarvatra may have at law or in equity.
    2. Upon the expiry of the Term or any termination of these Terms, the User’s right to use the Product and Services shall immediately cease.
  13. INTERPRETATION

    These Terms will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a Party merely because that Party (or the Party’s legal representative) drafted these Terms. The headings, titles, and captions contained in these Terms are merely for reference and do not define, limit, extend, or describe the scope of these Terms or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in these Terms includes the masculine, feminine, and neutral, and (b) the word “including” means “including, without limitation”.

  14. FORCE MAJEURE

    Sarvatra shall not be in default under the Terms by reason of its failure or delay in the performance of its obligations, if such failure or delay is caused by actions of God, Government laws and regulations, strikes, lockouts, war, riots, terror acts, civil commotion, virus attack, intentional or non-intentional acts / omissions on part of third parties resulting into consequences similar to force majeure or any other cause beyond its reasonable control and the event is such that it could not have been prevented by reasonable precautions.

  15. SEVERABILITY

    If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

  16. ASSIGNMENT AND DELEGATION

    The User shall not assign these Terms. Sarvatra may assign these Terms in conjunction with the sale of substantial assets, divestiture, merger, or amalgamation, or to its affiliate, and may delegate or subcontract its duties. Any unauthorized assignment of these Terms is void.

  17. WAIVER

    Failure to exercise, or any delay in exercising, any right or remedy provided under these Terms shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall preclude or restrict the further exercise of that or any other right or remedy.

  18. GOVERNING LAWS

    These Terms and all rights and obligations under these Terms shall in all respects be governed by and construed and enforced in accordance with the laws of India and the courts of Pune shall have an exclusive jurisdiction to adjudicate any subject matter under these Terms.

  19. SURVIVAL

    Any provisions under these Terms including regarding confidentiality, indemnity which, by their nature, extend beyond the termination of these Terms shall remain in effect and thus bind the Parties even after termination of these Terms.

  20. ENTIRE AGREEMENT

    These Terms constitute the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of these Terms, and may not, unless provided herein, be amended, supplemented, varied, or otherwise changed except in writing.