Terms and Conditions

IndusInd Bank Limited, a banking company incorporated under the Companies Act, 1956 and having its registered office at 2401, Gen. Thimmayya Road, (Cantonment), Pune – 411 001 (hereafter referred to as the “Bank” which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns)
Subject to and on the terms and conditions set out herein, upon the request of the Merchant, Bank has agreed to provide Unified Payment Interface Service (defined hereinafter) from the Bank, for collecting payments by the Merchant (defined hereinafter) from the Customer (defined hereinafter).

1.Definitions and Interpretations:

• Unless the context otherwise requires, initial capitalized terms herein shall have the following meanings:
  • “Account” means nodal account maintained by Merchant with the Bank wherein funds collected by the Bank under the Services will be credited;
  • “Business Day” means a day other than Saturday or Sunday or a national holiday, on which scheduled commercial banks are open for normal banking business in Mumbai, India;
  • “Customer” means a person who has availed or intends to avail a product or service from or has entered into a commercial arrangement with the Merchant and intends to make payment to the aforesaid Merchant towards such product, service or commercial arrangement through UPI;
  • “Customer Payment Amount” means the amount paid by the Customer to the Merchant (you), using the Service, for purchase of any goods and/or services.
  • “Law” means all applicable central, state and local law, statute, regulation, order, circular, directive, guideline issued or passed by any government, regulatory or administrative authority or body having jurisdiction in relation to a Party, the Service or the arrangement covered hereunder including the procedural guidelines and circulars issued by National Payments Corporation of India , the guidelines, circulars and notifications issued Reserve Bank of India (hereinafter referred to as “RBI”) and order or other legislative action of any government authority to the extent having the force of law, as may be amended and in effect or re-enacted from time to time, any and in each case, any implementing regulation or interpretation issued thereunder including any successor Law.
  • “Force Majeure Event” means any: (a) flood, storm, earthquake or other natural event; (b) war, hostilities, terrorism, revolution, riot or civil disorder; (c) strike, lockout or other industrial action; (d) change in any Law or any change in the interpretation or enforcement of any Law; (e) act or order of any authority having jurisdiction with respect to a Party, Service or the arrangement covered hereunder; (f) order of any court or other judicial body; (g) restriction or impending restriction on the availability, convertibility, credit or transferability of any currency; (h) computer system malfunction or failure (regardless of cause) or any third party interference with a computer system; (i) error, failure, interruption, delay or non-availability of any goods or services supplied to the Parties by a third party; or (j) other circumstance beyond the reasonable control of the Bank;
  • “Merchant” means a person who has entered into an arrangement with IndusInd Bank for sale of product or service offered by such Merchant or for entering into a commercial arrangement with the Customer and has entered into an arrangement with the Bank for providing UPI as payment option to the aforesaid Customer transacting with the Merchant;
  • “NPCI” means the National Payments Corporation of India, a company that has developed and offered UPI in India as well as governs UPI based payments in India, pursuant to the authorization by RBI in this regard;
  • “Service” or “Services” or “UPI Service” means  the payment collection service made available by the Bank to the Merchant whereby the Bank will act as acquiring bank for the Merchant with respect to payments processed through UPI and collect UPI based payments made by Customers in favour of the Merchants by initiating a Transaction using UPI QR or UPI App or Website;
  • “Transaction” means a payment transaction initiated by the Customer for making payment to the Merchant through UPI towards product or service availed or to be availed by such Customer from or a commercial arrangement entered with, the Merchant and is received by the Bank for processing and collection under the Services;
  • “UPI” means unified payment interface, an instant real-time payment system developed and offered by National Payments Corporation of India facilitating inter-bank transactions by transferring funds between two bank accounts maintained with banks in India, using a mobile based platform and is regulated by RBI;

Interpretations:

• Unless the context otherwise requires, words denoting the singular shall include the plural and words denoting any gender shall include all genders and reference to persons shall include references to legal entities;
• A reference to a clause, recital, annexure or schedule is, unless indicated to the contrary, a reference to a clause, recital, annexure or schedule to these Terms and Conditions;
• References to these Terms and Conditions shall be construed to include any reference to Annexure, Exhibit or Schedule to these Terms and Conditions;
• The words “herein”, “hereof”, and “hereunder” and other words of similar import refer to these Terms and Conditions as a whole and not to any particular Section or other subdivision;
• An agreement, document, undertaking, deed, instrument, indenture or writing includes all amendments made thereto from time to time as also all schedules, annexures and appendices thereto;
• “authorization” includes an authorization, consent, clearance, approval, permission, resolution, license, exemption, filing and registration;
• The headings in these Terms and Conditions are inserted for convenience of reference only and are to be ignored in construing and interpreting these Terms and Conditions;
• Reference to the words “include” or “including” shall be construed without limitation;
• if any obligation is falling on a holiday then the same shall be fulfilled on the succeeding Business Day; and
• In addition to the terms defined in the description of the Parties, all capitalized words and expressions defined by inclusion in quotation and / or parenthesis anywhere in these Terms and Conditions shall have the same meaning as ascribed to such words and expressions.

2. ELIGIBILITY TO USE

2.1 You expressly acknowledge and agree that: (i) you are a legal person; (ii) you are capable of entering and authorized to enter into a legally binding agreement; (iii) your employees, officers, representatives, and other agents accessing Bank’s payment services are duly authorized to access the same and to legally bind you to these terms and all actions; (iv) all registration information you submit is accurate and truthful; (v) you will maintain the accuracy of such information; (vi) you are not barred or otherwise legally prohibited from accessing or using Bank’s payment services under the laws of India; (vii) you are an entity duly constituted and validly existing under Indian law, (viii) expressly acknowledges and agrees that use of the Bank’s payment services is permitted only for those who are physically located in India at the time of registration, linking to any offering forming part of the Bank’s payment services and processing/undertaking a Transaction.

3. SCOPE

• The Service will be provided by the Bank on the terms and conditions detailed hereunder.
• The Merchant agrees that in the course of providing Services, the Bank shall neither be deemed to provide any services to the Customer nor shall be deemed to have acquired the Customer for processing of UPI based payments hereunder.
• The Bank shall endeavor to support the Merchant in relation to responding to all queries, issues and complaints raised by the Merchant in relation to the Transactions.
• The Bank will on-board the Merchant on Bank’s internal systems for the purpose of providing the Service. The aforesaid on-boarding shall be carried out in the form and manner prescribed by and in accordance with the internal process and policy of, the Bank in this regard.
• Under the Service, the Bank will process Transactions made using virtual payment address mechanism available under UPI and in accordance with the applicable Law prescribed by NPCI in this regard.
• The scope of Services, including the terms of use, is subject to amendments from time to time, which shall be updated on the bank’s website. Without prejudice to the generality of the foregoing, Bank shall be entitled to undertake enhancements for customer experience and transaction security in its absolute discretion. For the avoidance of any doubt, it is clarified that enhancements may also be in the nature of optimization procedures, both manual and machine learning based, for different modes of payments in order to improve the payment performance.
• You acknowledge that it shall be required to provide up to date, correct and accurate information, including its mobile number registered with the bank, email address, and any other information, details as maybe required by the Bank from time to time.
• You undertake not to access or attempt to access the Bank’s Services by any means other than through the interface that is provided by the Bank and in the manner permitted thereby. You specifically undertake not to access or attempt to access the Bank’s Services through any automated means (including by use of scripts or web crawlers).

4. PAYMENTS

By accepting these Terms and Conditions, you expressly authorise Bank to hold, receive, disburse and settle funds on your behalf. Such authorisation shall permit Bank to receive Customer Payment Amounts pursuant to a Transaction into a Bank’s account. Bank shall process and transfer such payments received by it to the Merchant’s account designated for this purpose at the time of registration and/or any such account as instructed by you (“Merchant Account”). The authorization provided herein under shall remain in full force and effect until specifically terminated.
Bank shall initiate transfer of the relevant Customer Payment Amount received by it to the respective Merchant Account within T (such) banking days as per applicable from time to time (‘T’ being the date of a successful Transaction and banking days being days on which private banks are open for business in Mumbai) from the date of receipt of the relevant Customer Payment Amount, after deduction of Bank Fees and charges as agreed under these Terms and Conditions. For clarity, you acknowledge that Bank shall be liable to settle Customer Payment Amounts only upon actual receipt thereof.

5. FEES

• In consideration of the Services the Merchant shall pay such fees/charges to the Bank as may be levied by the bank from time to time, as allowed by the governing guidelines.
• The Merchant shall be solely responsible for the payment of all past, present and future central, state and local taxes or levies by whatever name called, as may become due and payable in relation to the Services.
• The Merchant hereby authorizes the Bank to set off and adjust, without any requirement of prior consent from the Merchant, the amount of fees due and payable by the Merchant hereunder, against the amount to be credited in the Account with respect to the Service.

6. Representations and Warranties

The Merchant represents, warrants, covenants, undertakes, agrees and declares with / to the Bank on a continuing basis that:

• it is duly incorporated and validly existing under the Laws applicable in the jurisdiction of its incorporation and that the entry into and performance by it of these Terms and Conditions does not and will not conflict with any Law applicable to Merchant, its incorporation documents or any contract to which it is a party;
• it and its assets are not entitled to any immunity from any legal or other proceedings or from attachment or from execution of judgment;
• it has full power and all necessary authority has been obtained and action taken for execution of and performance under these Terms and Conditions and its obligations hereunder constitute its legal, valid, binding and enforceable obligations;
• it shall do, comply,  perform, and execute and cause to be done, performed and executed any act, matter or thing which may be required in order to effectuate the objective of these Terms and Conditions and to enable the Bank to fulfil its obligations hereunder and under any Law; and
• it is not subject to any insolvency procedure and no application/proceeding is initiated against it under the Insolvency and Bankruptcy Code, 2016.
• all information submitted by you to the Bank is and shall during the tenure of the engagement be maintained as true, correct and accurate in all respects;
• you are not barred or otherwise prohibited from accessing or using Bank’s Services in any manner;
• you are and shall, during the tenure of this engagement, remain at all times the legal and beneficial owner of the Merchant Account and keep all details thereof up to date;
• all goods and/or services provided by you to a Customer shall be lawfully sold/provided and that you shall not sell/ provide products that are or may be perceived as illegal, offensive or prohibited and such other Services in Annexure A;
• you shall not impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signatures or perform any other fraudulent activity;
• you shall promptly provide all information and assistance as may be required by the Bank from time to time in dealing with requests or queries of any governmental authority or judicial/quasi-judicial authorities;
• You agree to provide your KYC information and details to the Bank, and authorize the Bank to use the same in relation to the Services provided hereunder.
• You understand that the QR Code which shall be generated by the Bank for it is unique and specific to you and that you shall at all times maintain the secrecy of this QR Code. Specifically, you agree and acknowledge that the Bank shall not be liable in any manner whatsoever for any negligence or misuse of the QR Code by you or your agents, employees, representatives or Customers.
• You agree and understand that at the time of registration with the Bank, a username and password shall be generated which enables you to access your dashboard on Bank’s interface/app and view Transactions. You shall not share the username and password with other persons and acknowledge that such sharing shall cause irreparable harm to the Bank and that you shall be liable to indemnify the Bank for any loss or damage suffered as a result of any unauthorised use.
• Bank shall provide you details of Transactions through a personal dashboard on Bank’s interface and you shall determine if there are any errors or unauthorised Transactions, and intimate the Bank in writing of the same.
• you shall deliver goods/services immediately to Customers upon receiving the confirmation of payment;
• It is agreed that Bank shall be entitled to rely upon all electronic communications, orders or messages sent to the Bank through the Processing Mechanism in processing the Transactions. Bank shall not be obligated to verify or make further inquiry into the identity of the sender, or integrity of any communications. Bank shall not be responsible for any losses sustained through the use of stolen or hacked devices or fraudulent electronic transactions.

7. Indemnity

Without prejudice to the other rights of the Bank under these Terms and Conditions or Law, the Merchant agrees to indemnify and keep indemnified the Bank and its directors, officers, agents and employees (each an "Indemnified Party") and hold each of them harmless from and against any and all losses, liabilities, claims, charges, actions, demands, damages, penalties, fees, costs and expenses (including, without limitation, fees and costs paid to the Indemnified Party’s counsel) (hereinafter referred to as “Loss”) arising out of or resulting from: (a) the Services provided by the Bank hereunder; (b) failure to comply with or breach by Merchant or its employee, agent or service provider of any terms, conditions, covenants, representations, undertakings, obligations or warranties and/or any misrepresentation under these Terms and Conditions; (c) any breach or violation of, or failure to comply with, any applicable Laws by Merchant or its employee, agent or service provider; (d) error, negligence, wilful misconduct or fraud by Merchant, its employee, agent or service provider; and (e) any claim or dispute raised by a Customer with respect to a Transaction including reversal or cancellation of Transaction, any refund of amount made in relation to a Transaction.

8. Termination

• The Bank reserves the right to terminate these Terms and Conditions/Services, without assigning any reason, without providing the Merchant any prior notice.
• The Merchant may terminate use of Service, without assigning any reason, by issuing a prior written notice of at least 90 (sixty) days to the Bank.
• The Bank may terminate these Services, with forthwith effect, upon occurrence of any of the following events:
  • Breach and/or violation by the Merchant or its employees, agents or service providers of any term and condition hereunder (being a single event or a series of events which are together a breach of these Terms and Conditions and either such breach is not capable of remedy or, if the breach is capable of remedy, Merchant has failed to remedy such breach within seven (7) days of its receiving written notice from the Bank requiring it to do so); and/or any misrepresentations by the Merchant whether at the time of execution of the Agreement or anytime thereafter;
  • Closure of business by the Merchant;
  • The Merchant becomes insolvent or goes into liquidation, whether voluntary or otherwise, or is unable to pay  its debts or makes a general assignment or arrangement or composition with or for the benefit of its creditors or if the Merchant has taken or suffered to be taken any action for its re-organisation, liquidation or dissolution or insolvency or bankruptcy or a
  • receiver is appointed to take possession of all or substantially all of the assets of the Merchant or if an attachment has been levied on the majority of Merchant's assets or a petition for insolvency is filed against the Merchant and such petition is not dismissed within thirty (30) days of filing;
  • The Merchant acting beyond the scope of these Terms and Conditions or is suspected for falsifying records;
  • any change in an applicable Law that, in the sole and absolute discretion of the Bank, makes continuation of the arrangement hereunder illegal or against or non-compliant with the Law as applicable;
  • fraudulent act by the Merchant or its employees, agents, service provider, sub-contractor; or
  • if continuation of the arrangement hereunder, as per the sole and absolute discretion of the Bank, shall not be in the interest of the Bank or the same shall have a negative impact on the Bank’s standing with any government, regulatory or administrative authority having jurisdiction over the Bank or the arrangement covered hereunder.

9. Consequences of Termination

• Upon termination of the Services:
• the Bank shall cease to provide the Services to the Merchant;
• the Merchant shall within fifteen (15) days from the date of termination of the Services pay to the Bank the charges and fees payable in respect of the Services provided by the Bank prior to the termination of Services;
• The termination of Services shall not affect any rights or obligations of the Bank accrued before such expiry or termination; and
• Obligations of the Merchant shall survive expiry or termination of the Services.

10. General

10.1. The Bank shall have the paramount right of set-off and lien, irrespective of any other lien or charge, present as well as future on the deposits of any kind and nature (including fixed deposits) held and balances lying in any accounts of Merchant, and on any monies, securities, bonds and all other assets, documents and properties held by or under the control of the Bank (whether by way of security or otherwise pursuant to any contract entered or to be entered into by Merchant in any capacity), to the extent of all outstanding dues, whatsoever, arising as a result of the Service provided under these Terms and Conditions. The Bank is entitled, without prior notice to the Merchant, to settle any indebtedness whatsoever owed by Merchant to the Bank (whether actual or contingent) hereunder by adjusting, setting-off any deposit and/or transferring money lying to the balance of any account(s) held by Merchant with the Bank.
10.2. The Merchant hereby agrees that the Bank may disclose information in relation to the Merchant and/or these Terms and Conditions: (a) to the extent that such information is in the public domain other than by breach of these Terms and Conditions; (b) to the extent that such information is required to be disclosed by any Law; (c) in so far as it is disclosed to the employees, directors or professional advisors of any Party on a need-to-know basis and is required to be disclosed to any other person during the course or for providing the Service; (d) to the extent that any of such information is/are later acquired by the Bank from a source not known to the Bank to have obligations to the Merchant to keep such information confidential; (e) to the extent that any of such information was previously known or already in the lawful possession of the Bank, prior to disclosure by the Merchant or any other party during the course of providing Services; (f) to the extent that disclosure of such information is required to be disclosed in connection with enforcement of any right or in defence of any claim, legal proceedings or a dispute resolution procedure relating to or arising out of these Terms and Conditions; and (g) if such information is required to be disclosed to any government, regulatory or administrative authority or body or any other person in view of Law as applicable.
10.3. No rights, obligations or liabilities under these Terms and Conditions shall be assigned or transferred by a Party to any other person without the prior written consent of the other Party. However, any legal entity into which the Bank is merged or converted or any legal entity resulting from any merger or conversion to which the Bank is a party shall, to the extent permitted by Law, be the successor to the Bank with respect to these Terms and Conditions, without any further formality.
10.4. The Bank shall not in any manner be responsible or liable to the Merchant or any person for any loss, liability, claim, cost, action, damages, expenses, proceedings, suits, litigations etc. arising out of or in connection with: (i) anything done or omitted to be done by it pursuant to and in accordance with the provisions of these Terms and Conditions, (ii) any withdrawal wrongly made, if the Bank acted in good faith in relation to that withdrawal, (iii) any non-performance or delay caused due to a Force Majeure Event.
10.5. Bank shall not be liable for any indirect, consequential, exemplary, punitive, incidental or special damage arising from the Agreement or breach or termination thereof, including, but not limited to, loss of revenue or anticipated profits or lost business.
10.6. The Bank shall not be held liable for any loss or damage arising or resulting from any claims raised by any third party including NPCI, Merchant or Customer in relation to Transaction or otherwise resulting from the Services. Notwithstanding anything to the contrary contained in these Terms and Conditions or elsewhere, under no circumstances whatsoever the Bank’s aggregate and cumulative liability under these Terms and Conditions shall not exceed the value of Transaction in relation to which a claim has arisen against the Bank hereunder.
10.7. These Terms and Conditions shall be construed and governed in accordance with the laws of India. The Parties agree that all matters or disputes arising from these Terms and Conditions including interpretation or breach thereof shall be exclusively referred to the courts at Mumbai.
10.8. Bank shall not be liable for any delay in performing or failure to perform its obligations under these Terms and Conditions to the extent such performance is delayed or prevented by any Force Majeure Event. Bank affected by any Force Majeure Event may give notice to the Merchant of existence of such Force Majeure Event and in such case, the obligations of the Bank under these Terms and Conditions that are effected by occurrence of such Force Majeure Event shall be suspended for the period such Force Majeure Event subsists.
10.9. The Bank is hereby authorized to freeze / block funds lying to the credit of the Account and debit the Account towards refund of amount due to cancellation or reversal of any Transaction or on instructions of legal authorities and/or towards any penalty imposed by NPCI or RBI in relation to a Transaction, without prior intimation or consent of Merchant. The Merchant shall ensure that the Merchant does not raise any objection or dispute with the Bank, in relation to cancellation or reversal of any Transaction including refund of amount collected by the Bank under the Service.
10.10. Merchant shall furnish to the Bank proof of delivery of the product/service in case any dispute is raised by the Customer with respect to a Transaction or if otherwise required by the Bank in relation to refund, cancellation or reversal of any Transaction. The Merchant shall be solely responsible for answering and resolving any issue, concern, claim, dispute or objection raised by the Customer in relation to a Transaction including reversal or cancellation of Transaction, any refund of amount made in relation to a Transaction.
10.11. Merchant shall neither sell any product nor provide any service and shall not permit any person to sell or provide any product or service, that is not permitted to be sold or provided: (a) under any Law as applicable or  (b) as per Bank’s internal policies as communicated by the Bank pursuant to these terms of service.
10.12. In the event of any Customer raises an objection, claim or dispute with respect to a chargeback, reversal of Transaction, the Merchant shall be solely responsible for settling such objection, claim or dispute and the Merchant hereby indemnifies and agrees to keep the Bank indemnified and harmless from and against any and all losses, liabilities, claims, charges, actions, demands, proceedings, damages, fees, costs and expenses that the Bank may suffer or incur due to objection, claim or dispute set forth in this clause above.
10.13. Merchant hereby agrees with and shall be bound by the UPI Operating and Settlement Guidelines prescribed by NPCI, as amended and in force from time to time, in relation to the Services provided hereunder including the settlement cycles & Fee/Charges prescribed under the aforesaid Guidelines.
10.14. Merchant shall be solely responsible for resolving and responding to all queries, issues or complaints raised by the Customer in relation to the Transaction and/or Services.

11. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

11.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of India.
11.2 Any difference, dispute, conflict or controversy, including any question as to its existence, validity or termination, arising out of or in connection with these Terms and Conditions (“Dispute”) shall, if not amicably settled within 30 (thirty) days after the receipt by one Party of a written notice from the other Party of the existence of such Dispute, be referred to and resolved in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator duly appointed by the Bank. The seat and venue of arbitration shall be Mumbai and the arbitration shall be conducted in English. The award of the arbitrator shall be final and binding upon the Parties. Each Party shall bear its own cost of arbitration.
11.3. The Courts at Mumbai shall have sole and exclusive jurisdiction over any matters related to these Terms and Conditions.

ANNEXURE A
Prohibited Services

1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites;
2. Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne;
3. Body parts which includes organs or other body parts;
4. Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam);
5. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free;
6. Child pornography which includes pornographic materials involving minors;
7. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
8. Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
9. Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software;
10. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;
11. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
12. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
13. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction;
14. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
15. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
16. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property;
17. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts;
18. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes;
19. Offensive goods which includes literature, products or other materials that:
    • Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors;
    • Encourage or incite violent acts;
    • Promote intolerance or hatred.
20. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals;
21. Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives and related goods; toxic, flammable, and radioactive materials and substances;
22. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications;
23. Securities which includes government bonds or related financial products;
24. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products;
25. Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products;
26. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;
27. Wholesale currency which includes discounted currencies or currency exchanges;
28. Live animals or hides/skins/teeth, nails and other parts etc. of animals;
29. Multi-Level Marketing collection fees;
30. Matrix sites or sites using a matrix scheme approach;
31. Work-at-home approach and/or Work-at-home information;
32. Drop-shipped merchandise;
33. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India;
34. The Merchants providing services that have the potential of casting the Payment Gateway Facilitators in a poor light and/or that may be prone to Buy & Deny attitude of the cardholders when billed (e.g. Adult material/ Mature content/Escort services/ friend finders) and thus leading to chargeback and fraud losses;
35. Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. Web-based telephony, Website supplying medicines or controlled substances, website that promise online match-making);
36. Businesses out rightly banned by law (e.g. Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance;
37. The Merchants who deal in intangible goods/ services (eg. Software download/ Health/ Beauty Products), and businesses involved in pyramid marketing schemes or get-rich-quick schemes. Any other product or Service, which in the sole opinion of BharatPe, is detrimental to the image and interests of BharatPe, as communicated by either of them/ both of them to the Merchant from time to time. This shall be without prejudice to any other terms & conditions mentioned in these Terms and Conditions;
38. Bulk marketing tools which includes email, lists, software, or other products enabling unsolicited email messages (spam);
39. Web-based telephony/ SMS/Text/Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process /knowledge process services; and
40. Mailing lists
41. Virtual currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world.
42. Money laundering services.
43. Database providers (for tele-callers).
44. Bidding/Auction houses.
45. Firms promoting business opportunities, investment opportunities and mortgages.
46. Cash withdrawal from Bank account or Credit Card account under the premise of sale transaction.