Terms of Service and User Agreement
Welcome to a www.zerogateway.com, the website of BLENTOPS OPC Pvt Ltd, a company registered under the Companies Act,2013, India having its registered office Balawala, Dehradun, Uttarakhand, hereinafter referred to as “Zerogateway”, “ZeroGateway”, ”we”, ”us”, “Company”, “1st Party”.
These Terms of Service (these “Terms”, “Agreement”) apply to users of this Website (the “Site”) and the services offered on the Site or on Applications, Tools, Plugins, Extensions, and APIs published on the Site and available for distribution on registered, acknowledged, and official third party platforms.
Software and services for hassle-free, paperless paperwork are offered by ZeroGateway. Software and services include, but are not restricted to, offering a broad range of payment solutions to financial institutions, merchants, enterprises & consumers world-wide, with a vision of democratizing e-payments. (the "Services").
The terms "Customer," "User," "you," "him/her," "they," and "second party" refer to the person or business that the person is representing, intends to use, or using our services, whether in an individual capacity or on behalf of a registered legal entity.
Both the Company and the User will be referred to as "Parties" from now on, with each being a "Party."
By using any of our services, you accept these Terms of Service in their entirety and agree to be bound by them. WE STRONGLY ADVISE AGAINST USING OUR SERVICES IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE.
Anytime the Terms are modified, this page will be updated. It is your obligation to regularly visit this URL in order to stay updated on ZeroGateway's terms. All previous versions of these Terms shall be superseded by the then-current version. You acknowledge that your continuing use of our services following the publication of these modifications will be interpreted as your acceptance of the updated terms.
The brand name "ZeroGateway" is the only name that is utilized in our services; it has no bearing on the type of business that is connected to it. The name does not suggest a particular kind of business; rather, it is utilized for identification purposes.
Ownership of Content
Any documents or files you upload to ZeroGateway's platform in order to use its services are not licensed by the company, and it makes no ownership claims regarding them ("Content"). With the exception of the restricted rights required for us to deliver the Services to you, these Terms do not give us any licenses or rights to your Content. Copying, storing, extracting data, verifying, and distributing content for research and development, profit, or other objectives are among the limited rights, provided that they are done so in full compliance with ZeroGateway's privacy policy and/or applicable laws of the land and with your express authorization.
User Rights and Responsibilities:
Rights
The User may subscribe to all or a portion of the services that the Company offers and makes periodically available to the User.
At any moment, the user has the option to stop, cancel, or unsubscribe from all or a portion of the services they have subscribed to from the company. However, in such a case, the company is not responsible for returning any fees the user may have paid for the use of the services.
The user has the option to unsubscribe from any promotional communications that the company may occasionally send them. This is only applicable to promotional communications, though. The Company may nevertheless send the User transactional and informational communications since doing so is essential to providing the User with the Services.
As stated in "Ownership of Content" above, the User is fully entitled to the ownership of any content that they contribute to the Company.
Responsibilities
The user is solely responsible for the content that they submit to the company. The user shall be liable for any and all claims that may surface over the submitted content, including but not limited to copyright, trademark, and license.
The user guarantees the company that any content they contribute is free of malware, trojans, viruses, harmful scripts, and other threats.
The user bears the obligation of ensuring that their login credentials are secure and shielded from unauthorized use. Additionally, the User assumes full responsibility for any and all activities that take place under the User's account, regardless of whether you, the User, are the one engaging in them. The User also agrees to notify the Company in the event that the password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. Any unauthorized use of the user's account or other security breach involving the password or our services that the user is aware of must be reported right away to the company.
Any previous agreements or rules, to which the User may be a party directly or indirectly, relating to the confidentiality of the Content submitted to the Company, must be complied with by the User. If a user submits content to the company that contains confidential information that the user is not permitted to transmit due to previous agreements or regulations to which the user may be party, the company will not be held accountable or liable in any way.
The user will refrain from using our services to:
Rights & Responsibilities of the Company
Rights
The company reserves the right to stop providing the user with any free services at any moment.
At any one time, the company may restrict the amount of free services to any number it chooses.
If the User does not or does not register with the Company for specified services needing prerequisites, necessary registrations, etc. as published by the Company from time to time, the Company may refuse to offer services to the User.
Without the User's explicit consent, the Company may automatically renew a subscription in accordance with the subscribed plan and related terms if the User does not terminate or cancel it. No charge reimbursement will be made in such a case.
In the event that content submitted by the user is discovered to contain viruses, trojans, malware, malicious scripts, etc., the company reserves the right to prohibit such content from being submitted to its site.
The user gives the company permission to send him or her any and all transactional and informational communications at any time via any communication method that the user provides to the company.
The company has the right to publish, quote, and cite the user and/or his/her organization's logo, use of services, and comments about the site and/or services on the site or on third-party sites, in electronic or print form, either in part or in full, for activities like case studies, marketing, and advertising itself, its site, and/or services without the user's or his/her organization's prior consent, whether in writing or orally.
These rights are reserved by the company in the event that it notices any suspicious activity on the user's account.
Responsibilities
The Company bears responsibility for the security the Site and associated systems.
It is the Company’s responsibility to deliver Services to the best of standard and be cognizant of the fact that any service disruption may disrupt the User’s work. The Company will try to maintain Service uptime to the highest level possible.
The Company is responsible for performing periodic upgrade and maintenance activities as identified by the Company, and shall communicate regarding any scheduled Service downtime arising out of such instances, to the User either published on the Site or via. Communication sent to the User directly.
Company shall be responsible in maintaining the Privacy of User and Content as outlined in the Privacy Policy
It is the Company's duty to give the User invoices and receipts for any fees that the User has paid or has previously paid. The company is in charge of giving the user invoices and receipts for all fees that they have paid or will pay.
Rights & Responsibilities of the User
Nothing in this Agreement grants any right, title, or interest of license, assignment, or ownership in the Site and/or the Services or the Intellectual Property rights therein or associated therewith, and the Company reserves all rights in relation thereto not expressly granted to the User under these Terms.
The User acknowledges and agrees that all rights, title, and interests in the Site and/or the Services and all the Intellectual Property rights therein or related thereto are solely and absolutely owned by the Company or its licensor and shall continue to vest with the Company or its licensor during and after the term of this Agreement.
The User agrees that, whether or not the Intellectual Property has been developed by the Company for the purposes of this Agreement or provided under this Agreement, the User will not apply for any copyright, trademark, or other intellectual property for any aspect of the Intellectual Property rights relating to the Site and/or the Services, either directly or through a third party.
The User agrees not to: (i) copy, alter, make any derivative work of, or incorporate into any other products or parts of them; or (ii) directly or indirectly decompile, disassemble, decipher, reverse engineer, re-engineer, or otherwise attempt to derive Source Code or the underlying ideas, algorithms, structure, or organization from the Company and/or the Site; or (iii) directly or indirectly allow any of the User's employees or personnel to do any of these actions.
To build the Site and/or the Services, the Company may purchase third-party components, such as software, solutions, etc., referred to as "Third Party Software." Regarding this, if the Company purchases any Third-Party Software in connection with the creation of the Site, all ownership, title, and rights to the Third-Party Software will remain with the Company or the Third Party. As such, the User shall have no other right, title, or interest in such Third-Party Software beyond that which is expressly contemplated under these Terms, and may only have a limited right to use the Third-Party Software in connection with the Site and/or the Services as contemplated under these Terms.
The User agrees not to represent the Company, the Site, and/or the Services as his/her own product, services, brand, intellectual property, or technology, and acknowledges that the Third-Party Software will remain owned solely and exclusively by the Company or the relevant third parties for the duration of this Agreement and use of the Site and Services.
In addition to the aforementioned, unless expressly permitted by the holder or holders of such intellectual property rights, the User shall always recognize and respect the intellectual property rights of third parties over any subject matter and shall not use them in any way during the Transactions.
License
Subject to the terms, ZeroGateway hereby grants the User a limited, non-exclusive, non-transferable license to use its services for personal use and/or business purposes, provided that the authorized signatory of the company the User is representing approves, and not for resale or distribution, unless otherwise authorized by ZeroGateway or its authorized signatories. All of the terms and conditions outlined in the Terms govern your use of the Services. We retain all rights in and to our Services, including all associated intellectual property rights, with the exception of your pre-existing rights and this license that we have provided you.
You will not allow or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of any of our Services; (ii) rent, lease, or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services, unless otherwise specifically provided in these Terms, as may be expressly permitted by applicable law, or as approved by ZeroGateway or its authorized signatories. ZeroGateway reserves all rights not specifically granted here.
Third-Party Content and Links
Links to third-party goods, services, and websites may be shown or included in our services. Content expressed, authored, or made available by other users or third parties on our services, or that can be accessed through or located using our services (collectively, “Third Party Content”), is the opinion, advice, statement, service, offer, or other information of the respective authors or producers and does not represent us, our shareholders, directors, officers, employees, agents, or representatives.
While using our services, you may be exposed to offensive, indecent, or objectionable content; we do not control Third Party Content and do not guarantee its accuracy, integrity, or quality; we do not endorse, are not responsible for, or liable for any Third Party Content, or any information or materials advertised in any Third Party Content; and we are not liable, directly or indirectly, for any loss or damage that results from your use of or reliance on any goods, services, or information available on or through any Third Party service or Third Party Content. It is your duty to assess the data, viewpoints, recommendations, and other content that are accessible on and through our services.
Linking third-party merchant accounts to our service is an option offered by ZeroGateway. We are not in charge of these third-party accounts, though, and we don't have any say in what the third-party merchant or any related financial institutions do. For any reason, ZeroGateway will not be responsible or liable if a linked account is blocked or restricted.
BHIM UPI's logo: The National Payments Corporation of India (NPCI) owns the trademark and intellectual property rights of the BHIM UPI logo that is shown on the ZeroGateway website. NPCI has no affiliation with or endorsement of ZeroGateway. The ZeroGateway website uses the BHIM UPI emblem just to alert users that it is compatible with UPI-enabled apps and services.
Consent for Communication
The User acknowledges that in order to use the Site and/or Services, he or she must give specific consent, as stated periodically on the Site by the Company. Consent to receive communications on user behavior, transactions, fees, verification, promotional communications, etc., through any and all channels that the company deems appropriate may fall under this category.
At any time, the user has the option to opt out or unsubscribe from any promotional communications. The User acknowledges that, in order for the Company to provide the Services, the User cannot choose not to receive any communications. By giving this consent, the user consents to refrain from bringing any legal action or complaint against any regulatory authority or legal body in relation to receiving such communications from the company, its licensors, and/or third-party software providers.
The user also consents to the company sending him or her such communications at any time of day. Any and all forms of communication that the company deems necessary and suitable will take precedence over any previous "Do-Not-Disturb" services that the user may have activated at that time. Service Suspension
Privacy Policy
The Terms control the Privacy Policy, which must be read in combination with them. The Company will amend the Privacy Policy if it changes. The Company will make the Privacy Policy available for the User to review at www.zerogateway.com/privacy-policy. It is the User's obligation to visitzerogateway.com/privacy-policy in order to be up to date on the Company's most recent Privacy Policy.
Feedback
If you would like, we may give you a way to submit comments, ideas, and suggestions regarding our services ("Feedback"). You consent that we may use the feedback you give us in any form, including future improvements and changes to our services, at our sole discretion. A perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty-free license is granted by you to us and our assigns to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any way for any purpose, in any software, technology, or media that is currently available or developed in the future, without having to give credit or payment to you or any third party.
Covenants, Warranties, and Representation
Every Party guarantees and affirms that it has the authority to divulge to the other Party and provide access to any information that has been or may be disclosed to the other Party.
To the best of the Company's knowledge, no program or other internal component of the Company could harm, destroy, or change any data or other information accessed through or processed by the User in any way. This is one of the representations, warranties, and covenants the Company makes to the User. If the User has a reasonable suspicion or actual knowledge that any program or internal component provided by the Company under this Agreement could cause the harm mentioned above, they must notify the Company in writing right away. The Company will then make every effort to obtain the program or
The User agrees and guarantees that he or she will not use the Site and/or Services for any other purpose than those expressly covered by this Agreement, any other agreement the Company enters into, or any particular purpose specified by the Company separately, all of which will automatically be incorporated into this Agreement. If the Company discovers that the User has used the Site and/or the Services for reasons other than those outlined in the Agreement, the User will be responsible for compensating the Company for the unauthorized use, including any claims made by third parties.
By using the Site, the Services, or affiliated third-party services, the User agrees and represents that he/she/it will not publish or make available to the public any content over which a third party has exclusive intellectual property rights or the necessary protection under those rights, or any content that is derogatory, defamatory, slanderous, lascivious, pornographic, appealing to the prurient interest of individuals, or anything else that may incite public, political, or religious unrest or disharmony that may or may not have an impact on the state of law and order situation. However, in the event that the User breaches this specific provision, the User agrees to assume all civil and criminal obligations and responsibilities resulting from the User's action or actions and will protect and indemnify the Company.
In the event that a third party brings a lawsuit, claim, dispute, or difference against the company as a result of the user's violation of the terms and conditions of this agreement, the user hereby represents and warrants to the company that the user will, at his or her own expense, help the company defend against such lawsuits, claims, disputes, or differences, or will reimburse the company for any losses resulting from them.
The User guarantees that neither the User nor any individual under the User's control or authority may make copies of this Site or any of its parts. • The User understands that they will only be able to use certain Services after fulfilling the necessary registration requirements as stated on the Company's Site or elsewhere as specified by the Company.
The User agrees not to assign or share User's passwords and username(s), if any, with anyone.
WARRANTY DISCLAIMER
IT IS YOUR OWN RISK TO USE THE SERVICES AND THE SERVICE CONTENT. BOTH THE SERVICES AND THE CONTENT THEY INCLUDE ARE OFFERED "AS IS" AND "AS AVAILABLE." OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE MAKE NO GUARANTEES ON THE ACCURACY, LEGALITY, CORRECTNESS, OR COMPREHENSIVENESS OF THE SERVICE OR ITS CONTENTS, NOR DO WE GUARANTEE THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DATA LOSS THAT ARISES FROM DOWNLOADING ANY MATERIAL THROUGH OUR SERVICES. YOU ACCESS OR OBTAIN ANY MATERIAL THROUGH OUR SERVICES AT YOUR OWN DISCRETION AND RISK. NO WRITTEN OR VERBAL ADVICE OR INFORMATION THAT YOU OBTAIN FROM US OR VIA OUR SERVICES WILL ESTABLISH ANY WARRANTY THAT ISN'T SPECIFICALLY STATED IN THESE TERMS.
WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED HERE.
DISCLAIMER
Service Offering: To help its customers accept payments, ZeroGateway offers them the Dynamic QR service. The fact that ZeroGateway does not offer payment gateway services should not be overlooked. ZeroGateway only provides the Dynamic QR service; it is not responsible for any payment transactions that take place between the client and its users.
Fraud and Misconduct: Although ZeroGateway takes precautions to guarantee the security and dependability of its services, it is not liable for any misconduct or fraudulent activity that might take place between customers and merchants. When communicating with merchants and making payments, users are encouraged to be cautious and diligent. If they have any questions about payments or transactions, they should get in touch with the relevant merchant.
User's Responsibilities: Users are entirely in charge of their dealings and communications with retailers. Any disagreements, conflicts, or problems resulting from transactions should be settled directly with the merchant in question as ZeroGateway has no control over the behavior, goods, or services provided by merchants.
Contacting Merchant: Customers should get in touch with the merchant they paid directly if they have any questions or concerns about payments. User-merchant issues are not arbitrated or resolved by ZeroGateway. Customers are urged to get in touch with the concerned merchant and try to resolve the issue.
User Agreement: By utilizing ZeroGateway's services, users consent to indemnify ZeroGateway for any liabilities, claims, or damages resulting from their dealings with merchants or any fraudulent activity. It is recommended that users read and comprehend the terms and conditions of the merchants they deal with.
LIMITATION OF LIABILITY
WE, ALONG WITH OUR SUPPLIERS AND LICENSEES, DISCLAIM ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES). REGARDLESS OF THE FORUM AND WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR ANOTHER BASIS, THE TOTAL LIABILITY OF US, OUR SUPPLIERS, AND OUR LICENSERS FOR ANY KIND OF CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS) WILL NEVER EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR USING THE SERVICES AND SERVICE CONTENT.
LIMITATIONS ON SERVICE
Via a number of UPI-enabled apps, ZEROGATEWAY facilitates the acceptance of payments and provides a dynamic QR code generation service. However, we are not involved in the payment processing or fund settlement between the customer and the merchant, nor do we offer payment gateway services. Any problems, disagreements, or financial transactions that may arise between the parties involved are not our responsibility.
PAYMENT RESPONSIBILITIES DISCLAIMER
ZeroGateway solely provides QR code creation services to facilitate payments. Any transactions involving the User and the Merchant are not managed, processed, or settled by us. In the event of a payment dispute, failure, chargeback, or illegal transaction, the only parties engaged are the User and the Merchant or the applicable financial institution. ZeroGateway is not liable for any payment-related issues, including unsuccessful, challenged, or delayed transactions. Users are advised to get in touch with the relevant merchant or banking institution immediately if they have any payment-related concerns.
NOT ACCOUNTING FOR PAYMENT PROCESSING ERRORS
Simply put, ZeroGateway provides a platform for making QR codes that can be used to pay. We do not handle, process, or verify payment transactions. Any errors, delays, or malfunctions in the payment processing process are solely the responsibility of the merchant, the payment service provider, or the applicable financial institutions. ZeroGateway will not cover any financial loss, technical issues, or payment disputes brought on by such transactions.
DISCLAIMER ABOUT FRAUDULENT TRANSACTIONS
For any fraudulent transactions involving QR codes generated by our software, ZeroGateway disclaims all duty. Users are advised to use caution when making purchases and to verify the legitimacy of the merchants they do business with.
INDEMNITY
For any costs, damages, or liabilities resulting from your use of the Services and Service Content, your violation of these Terms, or your infringement of any third party's rights through the use of the Services or Service Content, you agree to indemnify and hold us, our suppliers and licensors, as well as our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless.
AGREEMENT TERM
The duration of this agreement will coincide with the User's use of the Company's Site and/or Services, whether once or repeatedly, intermittently or continuously.
MISCELLANEOUS
Force Majeure: Neither Party shall be held accountable to the other for performance delays or failures brought on by circumstances outside of that Party's reasonable control, such as natural disasters, labor disputes or disturbances, riots, rationing, war, governmental regulations, communication or utility outages, or casualties.
Assignment: Without the other party's prior written approval, neither party may transfer the advantages or responsibilities of this Agreement, in whole or in part, to another individual.
Representation: Except as specifically stated here, the Parties acknowledge and agree that they have not entered into this Agreement in reliance on any written or verbal representation, warranty, or statement made by or on behalf of the other Party.
Entire Agreement: This agreement covers the subject matter herein and replaces any prior written or verbal agreements between the Parties in its entirety. It is the sole agreement between the User and the Company.
Relationship between Parties: This Agreement does not establish any joint ventures, partnerships, employees, agents, or other representatives of the other Party hereto; neither Party shall make any representations that would imply otherwise. The Parties are independent persons or entities.
Severability: Should any part of this agreement be found to be unenforceable for any reason, the remaining parts will not be impacted and will still be in full force and effect.
Modification: Any prior written or verbal communications, statements, or agreements pertaining to the subject matter of this Agreement are superseded by this Agreement. It is forbidden to change or update this agreement verbally, implicitly, or in any way not expressly stated in writing or allowed by this agreement.
Waiver of Rights and Remedies: All rights and remedies under this agreement are cumulative and may be used separately or in combination. In addition to any other relief it may be entitled to, the successful Party shall be entitled to its attorney's fees, court costs, and other collection expenses in the event that a legal action is taken to enforce any obligations under this agreement. In the event that the Company fails to enforce a provision against the User, it will not preclude action in the future.
Survival of Provisions: In addition to those otherwise expressly stated in this Agreement, terms that by their very nature survive termination or expiration of this Agreement shall bind the Parties after any such termination or expiration, regardless of any other provision to the contrary herein.
Jurisdiction and Governing Law: Indian law will apply to this agreement. Regardless of the User's place of residence or place of business, or the location from which the website www.zerogateway.com and/or the Services are accessed or utilized, the competent courts in Dehradun, India, will have exclusive jurisdiction over any disputes, claims, and actions arising out of this Agreement or its validity. Because the Company's registered office is located in Dehradun and this Agreement was partially executed there, the User expressly consents that a portion of the cause of action for any legal action is deemed to have arisen there, giving the Dehradun courts the authority to decide such disputes. As a result, the User forfeits any right to contest Dehradun courts' exclusive authority to settle any issues originating from this Agreement in line with Indian law.
Headings and Subheadings: This agreement's headings and subheadings are merely for convenience and have no bearing on the relative clause's meaning.
Definitions of Terms: All terms used in this arrangement shall be strictly read and interpreted, and they only apply to this Agreement and not to any other arrangement the User may enter into with the Company.
Notices: All notices, instructions, and directions under this Agreement must be in writing and sent (i) to the User by email, if the User provides the email address, and (ii) to the Company by email, if the User provides the email address, to the Company's designated email [email protected].
BLENTOPS OPC PVT LTD
BALAWALA, DEHRADUN, UTTARAKHAND, 248001
Jurisdiction : INDIA
