1. Introduction
These Payment Gateway Terms and Conditions ("Terms") are a legally binding agreement between [GRAPEVINE FACILITY & MANAGEMENT], ("Merchant") and the user of the payment gateway ("User"). The terms set out the terms and conditions governing the use of the payment gateway services offered by [HDFC BANK LTD.] ("Payment Gateway Provider") to the Merchant.
2. Description of Services
The Payment Gateway Provider will provide the Merchant with payment gateway services ("Services") for the purpose of processing online payments from Users. The Services may include payment processing, payment gateway integration, payment gateway customization and other related services.
3. Merchant's Obligations
The Merchant shall comply with all applicable laws and regulations related to the Services, including, but not limited to, laws and regulations related to data protection, privacy, and consumer protection. The Merchant shall also ensure that its use of the Services complies with the Payment Gateway Provider's acceptable use policy.
4. User's Obligations
Users shall use the payment gateway services only for lawful purposes and in compliance with all applicable laws and regulations. Users shall also provide accurate and complete payment information and shall not use the payment gateway services for fraudulent or illegal transactions.
5. Payment Gateway Provider's Obligations
The Payment Gateway Provider shall provide the Services with reasonable skill and care and shall use commercially reasonable efforts to ensure that the Services are available at all times. The Payment Gateway Provider shall also take appropriate measures to ensure the security and confidentiality of all payment information processed through the Services.
6. Fees and Payment
The Merchant shall pay the Payment Gateway Provider fees for the use of the Services as agreed upon between the parties. The Payment Gateway Provider may also charge the Merchant additional fees for any additional services provided beyond the scope of the Services. The Merchant shall pay all fees in a timely manner.
7. Intellectual Property Rights
The Merchant acknowledges that all intellectual property rights in the Services, including any software used to provide the Services, are owned by the Payment Gateway Provider or its licensors. The Merchant shall not reproduce, modify, distribute or otherwise use any intellectual property belonging to the Payment Gateway Provider without the prior written consent of the Payment Gateway Provider.
8. Limitation of Liability
The Payment Gateway Provider shall not be liable for any damages arising out of or in connection with the use of the Services, including, but not limited to, loss of data, loss of profits, or any indirect, consequential or special damages. The Payment Gateway Provider's liability for any direct damages arising out of or in connection with the use of the Services shall be limited to the amount of fees paid by the Merchant to the Payment Gateway Provider.
9. Termination
Either party may terminate this agreement at any time by providing written notice to the other party. Upon termination, the Merchant shall immediately cease using the Services and shall pay any outstanding fees due to the Payment Gateway Provider.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Uttar Pradesh. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Uttar Pradesh.
11. Amendments
The Payment Gateway Provider may amend these Terms at any time by providing notice to the Merchant. The amended terms shall be effective immediately upon posting on the Payment Gateway Provider's website.
12. Entire Agreement
These Terms constitute the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the Services.