The below mentioned terms and conditions read with the payment terms and the privacy policy governs the relationship between you and SoftBulls [previously known as Smart Mobile Payments Private Limited]. You are hence requested to read and understand the following terms and conditions, carefully, before registering on, accessing, browsing, downloading or using our website located at www.SoftBulls.in or through any mobile application or API or any similar platform (hereinafter referred to as “SoftBulls Platform”) owned, managed and controlled by SoftBulls India, having their registered office at Building No.2, State Bank Colony, Delhi - 110009 on any such device and/or before availing any services offered by SoftBulls on or through this SoftBulls Platform. A User can opt for the services through the SoftBulls platform, only when he accepts to abide by all of the Terms and Conditions hereinafter contained.
The access to and use of this SoftBulls platform is subject to the following terms and conditions of use ("Terms"). The words, “he”, "his", "You" “User” and "Customer" refer to the person(s) who opens the account and shall include both singular and plural. Reference to masculine shall include the feminine and third gender. The terms may be accepted by individuals or entities/non-individuals such as corporates, private limited companies, public limited companies, trusts, association of persons, public sector undertakings, non-government organisations, partnership firms etc. and the terms within the document need to be construed accordingly irrespective of the usage therein. Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, modifications amendments, re-enactments or replacements as may be applicable, for the time being in force. All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these Terms.
The User shall comply with all such terms and conditions as SoftBulls may prescribe from time to time with regard to the Services provided by it. All Transactions effected by or through this SoftBulls platform, shall constitute legally binding and valid transactions between the user and SoftBulls.
These terms and conditions as accepted by User shall be read along with and in addition to any terms and conditions in force from time to time and issued if any issued by any Service Provider, relating to the usage of this SoftBulls Platform They will also be read in conjunction with the Privacy policy
It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.
The user is solely and exclusively responsible for understanding and complying with all applicable laws of your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI (the "KYC GUIDELINES") etc., that may be applicable to the user in connection with the business and use of SoftBulls Services.
SoftBulls reserves the right to change or modify the Content, or information appearing on or in connection with this SoftBulls platform, including these Terms at any time without notice to the user. SoftBulls may at any time revise these Terms of Use by updating this posting. The user is bound by such revisions and should therefore do visit these pages to review the current Terms of Use from time to time. All future Changes shall be notified once you log in into your account and please ensure to read and keep updated of the terms and conditions from time to time. By continuing to access the SoftBulls Platform or use the Services on or after the Effective Date of the revised Terms, the User agrees to have read, understood and also be bound by the revised Terms.
2.1. For the purpose of these Terms, the following words and phrases shall have the meaning assigned to them under this Article.
means any bank or financial institution that processes debit card or credit card payments of the user
means the service provided by SoftBulls and Service Providers, if any, to Users, whereby a User can (i) receive payments from their vendors or other payers; or (ii) make payment to suppliers, beneficiaries or other payees, or (iii) make settlement by (a) NEFT/RTGS; or (b) credit/ debit card; or (c) net banking; or (d) any other mode of payment or settlement through banks, that may be accepted by SoftBulls from time to time; or (v) make tax payments including but not limited to goods and service tax payments, payment against challan no. 280, 281, 282, and 283 towards direct taxes as per the Income Tax Act, 1961 or any other taxes that may be offered for payment by SoftBulls on the SoftBulls Platform; or (vi) make utility bill payments or such other services as may be offered by SoftBulls from time to time and availed and used by the User on the SoftBulls platform
shall mean any person [ individual resident in India and/or a company/partnership firm/sole proprietor/ or entity registered in India] who/which is registered on the SoftBulls platform for using this SoftBulls platform and/or who/ which subscribes for the Services through this SoftBulls platform, to make or to receive payments to or from third parties or to make any settlement. The term "User" shall also cover such personnel of any User who are duly authorized to avail of the Services on behalf of the User.
means such bank account maintained by SoftBulls under the relevant guidelines of Reserve Bank of India or under any other law or regulation as may be applicable from time to time
means any person to whom a payment is made, using the Services, (and the term includes a User who uses the Services to receive payment).
means any person who makes a payment, using the Services (and the term includes a User who uses the Services to make payment) and for tax payments or utility bill payments it means a person on whose behalf the User has paid taxes or utility bills using SoftBulls Services.
mean any services or products which are purchased/ offered for sale by a User to third parties from time to time, Products shall not include those banned products and services that are listed in Annexure A.
means a bank, association, facility provider, card issuing institution, acquiring bank, other financial institution, card processor, clearing house networks or any such vendors or service providers, that SoftBulls may engage with from time to time to provide the services
means a payment instruction that results in the successful transfer of monies or settlement (a) from a User to a Payee; or (b) from a Payer to a User.
means the total amount payable/ receivable by a User/Payee. This amount shall include all applicable taxes, charges, interest, delivery costs, commissions and other such incidental charges etc.
Application programming interface (API) is a set of subroutine definitions, communication protocols and tools for building software and implies a software code that allows two software programs to communicate with each other.
i) any natural person, partnership, corporation, association, or other legal entity directly or indirectly owning, controlling, or holding with power to vote 10% or more of the outstanding voting securities of the user; (ii) any partnership, corporation, association, or other legal entity 10% or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote by the user; (iii) any natural person, partnership, corporation, association, or other legal entity directly or indirectly controlling, controlled by, or under common control with, user; or (iv) any officer or director of the user. Notwithstanding the foregoing, “affiliates” for purposes of this Section 2 shall include only those persons acting on behalf of the user and performing services for the user within the scope of the authority of the user, as set forth in this Agreement.
To be eligible to use the SoftBulls Services, you must be (a) an entity eligible and registered to carry out business or operate in India; or (b) an individual who is at least 18 years old and a resident of India. The SoftBulls platform and Services are intended solely for persons who can form legally binding contracts under Indian Contract Act, 1872 and who are 18 years of age or older and anyone who is not previously suspended or removed by SoftBulls from availing the SoftBulls Services or accessing the SoftBulls Platform. Any access to or use of the SoftBulls platform or Services by anyone under 18 is expressly prohibited. User also confirms and declares that his Payer/ Payee is similarly competent to contract. A User represents and warrants that he has full power and authority for using the Services and is in strict compliance of all laws as applicable from time to time. Finally, the user also represents not to impersonate any person or entity, or falsely state or otherwise misrepresent his identity, age or affiliation with any person or entity.
In order to avail the Services, User must be registered with SoftBulls and the Service Providers, if required. User shall provide SoftBulls with all such identification and address proof documents as may be required by SoftBulls. By registering with SoftBulls, User agrees to provide true, accurate, current and complete information, failing which SoftBulls may at any time reject User’s registration and terminate his right to use or access the SoftBulls platform and/or Services. When User registers on the SoftBulls, a User Account will be created, that is associated with User’s user name, password and other identifying information. User shall be responsible for anything that happens through his User Account. User also expressly covenants that the User Account shall be used by him only for his valid and genuine business transactions and not otherwise or for any activity prohibited in Annexure A or for scrupulous/fake transactions. User/Payer/Payee hereby expressly acknowledges, agrees and undertakes not to enter into/ facilitate /carry on or attempt to enter into/ facilitate/ carry on any self-financing transaction [“self – financing” means where the registered user avails or uses the Platform to fund his own business account or that of his spouse or relatives or affiliates] on or through SoftBulls platform. In the event, the User/Payer or Payee is found to be doing so or attempting to do such self-financing transaction, SoftBulls shall at its discretion have recourse to take such actions as it deems fit (including suspension of account, investigation etc, levy of fines or penalty, appropriation of funds lying in the user account) as the case may be, including initiating appropriate legal action as may be
By registering with SoftBulls, User expressly consents to the terms and conditions, payment terms and Privacy Policy. If the User do not feel comfortable with any part of our Terms of Service, he must not use or access the Service. The User expressly undertakes to keep his account information, which includes but not limited to his primary email address, contact number, credit card number, bank account number, communication address, ownership or legal status current and valid and in case of any change in information provided, update his account immediately. In the event of any action/notice by any law enforcement agency or conviction by a court of law, the User shall undertake to forthwith without any delay inform SoftBulls about the same and keep SoftBulls updated
The user will be required to submit the following information while registering:
The User authorises SoftBulls directly or through third parties, to make any inquiries as SoftBulls consider necessary to validate the identity, including as necessary to comply with the obligations under applicable laws and regulations. This may include asking the user for further information or documentation, requiring him to provide personal identification documents, valid identity proof and address proof
The Services may be used exclusively by the User for making and receiving payments from and/or to Payer/Payee or making settlement of a valid and legal transaction and/or to make tax payments or make utility bill payments.
To enable the User to use the Services, a link with login credentials will be communicated to the User on his mobile phone or notified email address and the User irrevocably and unconditionally accepts the sole responsibility for use, confidentiality and protection of said login credentials, including passwords, as well as for all orders and information and changes entered into the mobile/ e mail/web account using such login credentials. For use of services provided by SoftBulls, the user hereby shall subscribe to a suitable plan as he may deem appropriate and make payment to SoftBulls as per Payment Terms laid down hereunder.
As a default configuration for the use of the Services, only the admin registered by the User will be able to undertake Transaction on the User Account. For making any change/modification in the default configuration, the User will need to submit a request through his account on SoftBulls Platform. The User will be notified via email once the requested change is being effected.
The User hereby understands, accepts and acknowledges that he is solely responsible for any loss or damage caused to the User or User’s vendors/customers arising as result of this configuration whether directly or indirectly and shall release SoftBulls from any such liability arising therefrom
SoftBulls has no obligation to verify the authenticity of the Transaction once the transaction is generated through a valid login and authenticated through a password. The User shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the information. SoftBulls shall not be liable for any mistake or misuse of the Services by either the User or by any person authorized by the User, or by any person gaining access to the Services through the User. User agrees that SoftBulls accepts all instructions originating from his Account in good faith and that they are genuine and are normal business transaction and, in a manner, consistent with commercially reasonable security standards. User shall indemnify and hold SoftBulls safe and harmless for direct or indirect losses resulted as a result of the disclosure of sensitive information by or through User or for any loss or damage caused to SoftBulls, its officers and employees or the acquiring bank for any breach of the terms of use/privacy policy/payment terms by the user or his customer or vendor, or for any Intellectual Property infringement claim brought by third party or for any other loss or damage due to security breach
a) On receiving the necessary details from the Service Provider, SoftBulls shall initiate the required payment to Payee/User/ as instructed by User/ Payer.
b) Confirmation of the Transaction performed using valid login credentials shall be conclusive evidence of a Transaction being effected.
c) User is responsible to furnish SoftBulls with correct and current Payee or Payer information. In the event that the payment is in respect of a purchase or sale of product or services by the User/Payee, SoftBulls shall not be required to ensure that the purchased Products and/or services have been duly delivered. In the event a User chooses to complain about a Transaction, the same should be communicated to SoftBulls within 3 (three) days of the Transaction. The User expressly agrees and warrants that SoftBulls is only an online intermediary / platform for facilitating the payment or settlement of transaction and hence is not responsible to the User or to any other third party for any wrong payment or defect in products delivered or any other dispute between the user and the payee or with banks
All transactions shall be done in Indian Rupees
d)In case of any request under clause 2.1.2(i) for an amount more than INR 2,00,000/- and is in fraction, SoftBulls may retain fraction component in the user account and the transaction amount shall be processed through RTGS immediately to the user.
e) In case of tax payment, once the GST and/or direct tax payment is processed successfully, the status of the payment will be updated on the GST and/or Direct Tax Portal.
The user shall get a challan confirmation on receipt of the same from the respective tax authorities
a) Every User is responsible to (i) furnish correct and accurate information of the Payer/ Payee as may be required, on an independent basis; (ii) furnish to SoftBulls forthwith on demand, the original copy/copies of proof of delivery of Products, invoices or other records pertaining to any Transaction; (iii) ensure that all licenses and registrations required by him are in full force and effect to enable them to carry on the business of sale/ purchase of Products and rendering of Services and agrees to furnish immediately copies of such licenses on request by SoftBulls
b) User shall not (i) carry out any activity, which is banned, illegal or immoral, (ii) use the Services in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation or which may cause SoftBulls to be subject to investigation, prosecution or legal action.
c) User undertakes and assures to SoftBulls that payments shall not be made/ received in respect of any Products mentioned in the banned items list set out in Annexure A hereto and that payments are been made in under valid business contract with the customer or vendor and the payments are in respect of genuine business transaction
d) User undertakes to inform SoftBulls if he has any dealing or engages as a vendor/supplier/customer/dealer in any of such prohibited goods at any point of time
e) User shall act in compliance with all laws, rules and regulations and shall at all times comply with the guidelines set by Visa/Master Card/ acquiring banks/ Service Providers, as may be applicable from time to time
f) User shall not sell, provide, exchange, or otherwise disclose to third parties or use themselves (other than for the purpose of completing a Transaction, or as specifically required by law) any personal information about any third party, including the account details and mobile number, without obtaining the prior written consent of such third party.
g) User shall take all precautions as may be feasible or as may be directed by SoftBulls to ensure that there is no breach of security and that the integrity of the link between their systems/ site, the SoftBulls platform and the payment mechanism is maintained at all times. In the event of any loss being caused as a result of the link being breached or as a consequence of the link being improper or being in violation of the provisions of this clause, the loss shall be to the account of the User and the User shall indemnify and keep indemnified SoftBulls and the Service Providers from any loss as may be caused in this regard.
h) User shall bear and be solely and exclusively responsible for the payment of all relevant & applicable taxes (including any applicable withholding taxes) as may be due from time to time
i) A User shall not at any time require any other user or any other person to provide him with any details of the accounts held by the other users with any Banks including, the passwords, account number, card numbers, mobile phone numbers and PIN which may be assigned to them by the Banks from time to time.
j) A User shall use the information regarding a Payee/ Payer (including name, address, e-mail address, telephone numbers and other data) conveyed to him whilst using the Services, only for the purpose of completing the Transaction for which it was furnished, and not to sell or otherwise furnish such information to others unless he has an independent source of such information or obtains the express written consent of such Payee/ Payer.
k) A User shall inform SoftBulls of any change in his email address, mobile number, address, ownership or legal status or his cessation of business in writing forthwith on such change.
l) User shall not interfere with or damage the SoftBulls platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
m) As a condition of use of the Services, the User will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or violate the T&Cs. SoftBulls reserves the right to suspend the user’s SoftBulls account or restrict use of services or any such other action as SoftBulls may deem fit [ including but not restricted to such legal recourses as may be available], without any prior notice to the user
n) User shall not impersonate any person or entity, falsely claim or otherwise misrepresent his affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted, perform any other similar fraudulent;
o) User shall not infringe SoftBulls’s or any third party’s intellectual property rights, rights of publicity or privacy;
p) User shall not use the SoftBulls Services or the SoftBulls Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the SoftBulls Services or the SoftBulls Platform in an automated manner or otherwise;
q) SoftBulls has the right to investigate and prosecute violation of any of the above to the fullest extent of the law or seek such legal recourse as available.[including but not restricted to indemnify and keep SoftBulls and its officers, affiliates from any such losses or damages as SoftBulls may incur on account of such violations and also right to adjust any money lying in the settlement account towards losses or damages that SoftBulls may suffer on account of such violation, without prior notice to the user
r) User shall not use SoftBulls Services or SoftBulls Platform for any self-financing activities which includes but not limited to transfer of funds to the Payee against any fake or fraudulent transactions, use of credit card registered in User’s name by any other User/Payer on SoftBulls Platform, transfer of funds to any subsidiary, holding, associate company of the User or any related party, unless such transfer of funds is towards a genuine transaction between the User and the other Party.
s) SoftBulls has the right to temporary terminate such User’s access to the SoftBulls platform. User shall be given a reasonable opportunity of being heard and provide evidences/proof ensuring the validity of the transaction, any failure to prove the validity of the transaction will lead to permanent embargo on the User to access the SoftBulls Platform. In addition to this, SoftBulls also has the right to impose penalty or appropriate funds in the user account as it deems fit
t) The User hereby expressly agrees and undertakes not to use this SoftBulls platform to facilitate any payment or settlement or collect monies from Vendor/Customer who /which is an affiliate.
u) Every User availing GST payment service on SoftBulls Platform shall ensure that: i) valid login credentials are entered by the User while accessing the GST portal; (ii) correct and accurate amounts are mentioned against respective type of tax heads; (iii) CPIN amount mentioned on the SoftBulls Platform should be verified; (iv) losses that may incur due to providing of incorrect CPIN or incorrect amounts in the tax heads while making GST payments, User shall be held solely and exclusively responsible in such instances.
v) Every User availing utility bill payment service on SoftBulls Platform is responsible to (i) furnish correct and accurate information of himself or of the Payer if the User is making payment of utility bill on behalf of the Payer (ii) verify name, address, e-mail address, telephone numbers, utility/consumer account number and other data of the Payer if the User is making utility payment on behalf of the Payer
w) Every User availing direct tax payment service on the SoftBulls Platform is responsible to (i) furnish correct and accurate information of the Payee and/or of the Payer if the User is making payment of tax of deducted at source on behalf of the Payer (ii) verify name, address, e-mail address, telephone numbers, PAN/TAN and other data of the Payer if the User is making tax payment on behalf of the Payer; (ii) verify the challan type selected before initiating payment; (iii) losses that may incur due to providing of incorrect PAN/TAN or other information of the Payer on SoftBulls Platform while making tax payments, User shall be held solely responsible in such instances;
x) In the event of any dispute between the User and the Payer with respect to the tax payments, SoftBulls shall not be made a party to any litigation, arbitration or other proceeding instituted in respect of such disputes.
A User is required to subscribe to any of the available plans to be able to utilize the Services. The Subscription Fees shall be payable by User as per the subscription plan chosen by him. The various plans available are set out in the Payment Terms. Subscription plans of various durations are available to Users. Payments for subscription plans can be made only by credit card.
A User’s subscription will be automatically renewed at the end of each subscription period unless User downgrades his paid subscription plan to a free plan or informs SoftBulls that he does not wish to renew the subscription. At the time of automatic renewal, the Subscription Fee will be charged to the credit card last used by a User. SoftBulls provides Users the option of changing credit card details if he would like the payment for the renewal to be made through a different credit card. If User does not wish to renew the subscription, he must inform SoftBulls at least seven days prior to the renewal date. If User has not downgraded to a free plan and if User has not informed SoftBulls that he does not wish to renew the subscription, he will be presumed to have authorized SoftBulls to charge the Subscription Fee to the credit card last used by him.
A User shall not be entitled to any refunds or credits in respect of the Subscription Fees/ other fees or payments paid by him, even in cases where the User has elected to terminate his subscription to the Services or cancel his Account prior to the end of the period of his subscription.
SoftBulls may, from time to time, make changes in the subscription plans, Subscription Fees, the prices of any Services or SoftBulls may charge Users for use of Services that are currently available free of charge. Any such changes made by SoftBulls will however not apply until the expiry of a User’s existing subscription period/ billing cycle.
SoftBulls reserves the right to terminate unpaid User accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such User account will be deleted unless required to be maintained by law as may be applicable. SoftBulls will provide User prior notice of such termination and option to back-up his data. The data deletion policy of SoftBulls may be implemented with respect to any or all of the Services.
The acquiring bank will authenticate, authorize, and process the payment instructions given by the Payer in respect of a Transaction upon fulfilment of valid criteria as set forth by the acquiring bank from time to time and accordingly transfer such approved Transaction Amount from the Payer’s bank account to the settlement account maintained by SoftBulls
In consideration of the Services rendered by SoftBulls to the User, the User shall pay to SoftBulls a Transaction Fee that is more specifically detailed in the Fee Schedule defined in the Payment Terms
SoftBulls shall deduct its Transaction Fees plus service tax per successful Transaction and make payment of the balance of the Transaction Amount to User/ Payee’s designated bank account. All other taxes, duties or charges shall be borne and paid by User, unless otherwise agreed between the Parties. SoftBulls reserves the right to alter / modify / change the discount / commission or transaction fee payable at its discretion at any time without notice to the user.
It is hereby agreed and acknowledged by the User that the transaction fees charged by SoftBulls in respect of a Transaction that has been settled or completed shall not be returned or repaid by SoftBulls to the User or any other person irrespective of the Transaction being rejected, charged back, refunded or disputed.
a) SoftBulls and or the Acquiring Bank will not be responsible for any disputes between the Users and the Payers/ Payees, including issues regarding prices, delivery, non-delivery, deficiency of services or delay in delivery of the Products, quality of Products or services or otherwise. All such disputes will be dealt with by and between the User and the Payer/ Payee directly, and SoftBulls shall not be a party to such disputes.
b) SoftBulls cannot and does not guarantee the timings of any payments made or received as such timing is dependent upon User’s or the Payer’s bank, card issuing bank/ card processor (where a credit/ debit card is used), acquiring financial institution and other Service Providers. SoftBulls assumes no liability and shall not be held responsible for any delays in delivery of payment or availability of funds when using the Services.
c) SoftBulls and the Acquiring Bank shall not be a party to the contract between the User and any Payer/ Payee in any manner whatsoever. All contracts are directly between Users and their Payers/ Payees.
d) User shall be responsible for any miscommunication or incorrect User/ third party/ other information that may be provided to SoftBulls at the time of enabling the Services for the User.
e) SoftBulls/ Service Provider reserve the right to impose limits on the number of Transactions which may be charged on an individual credit card or other account during any time period and reserve the right to refuse to make payments in respect of Transactions exceeding such limit. SoftBulls also reserves the right to impose limits on each and every amount which may be charged on an individual credit card or other account at any point of time. SoftBulls/ Service Provider also reserve the right to refuse to make payments in respect of Transactions by Users with a prior history of questionable charges or for any other reason as the case may be
a) The User will not hold SoftBulls liable in case of any improper/ fraudulent/unauthorized/ duplicate/erroneous use of his mobile and/or the web-based access or through any other platform. SoftBulls will also not be liable for any direct or indirect consequences connected with the use/ misuse of User’s web/ mobile/ e mail account by any third party. If any third parties gain access to the Services, the User will be responsible and shall indemnify SoftBulls against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use, or otherwise.
b) The User shall be fully liable for: (a) any unauthorised use of his mobile/ email account; and/or (b) all authorised Transactions on his web/mobile/email account.
c) Without prejudice to the remedies available to SoftBulls and these Terms, SoftBulls shall be under no liability whatsoever to the User in respect of any loss or damage arising directly or indirectly out of:
A Chargeback shall mean a Transaction that is uncollectible and returned to Service Provider/ SoftBulls by User/ Payee or acquiring bank for a refund to the concerned Payer / User due to any of the following reasons:
a) Any payment which the User/ Payer refuses to honour or demands a refund of because the Products or services, purchased or sold or the delivery thereof, was not as promised or was defective, deficiency of service, incomplete and /or unsatisfactory for any reason whatsoever, or that payment for the same has already been made.
b) Any payments by a User/ Payer using the Services, which is returned by the acquiring bank for any reason whatsoever.
c) Any charge/debit arising out of any alleged hacking breach of security or encryption that may be utilized by Service Provider/ SoftBulls/ Payee from time to time or
d) Any Transaction that is unsuccessful.
As a result of the rapid nature of movements of funds, once a payment has been initiated through the Services, it may not be possible to retract the same using the Services. Hence neither the Acquiring Bank or SoftBulls shall be responsible to the User or anyone else for chargeback or refund. The user hereby expressly acknowledges and confirms that SoftBulls shall not be liable for the Chargeback
Any such retraction of a payment shall be between user and payee directly and a chargeback can be considered only if the Payee refunds the amount back.
In the event of a Chargeback situation arising in case of any Products or services purchased by a User or Payer, for which payment has not yet been made to the Payee or User, the User or Payer shall be advised by SoftBulls to resolve the issue with the Payee or User at the earliest and SoftBulls shall then settle the payment in accordance with the solution agreed upon by the Parties once the same is communicated to SoftBulls.
In any event, chargeback request may be entertained only if the payee refunds the amount and hence SoftBulls is under no obligation otherwise.
In the event of a Chargeback situation arising in case of any Products purchased by a User/ Payer, for which payment has been made to the Payee/User / Service Provider, the User/ Payer shall be advised to resolve the issue with the Payee/User / Service Provider at the earliest and shall then settle the payment in accordance with the solution agreed upon by the Parties only if the Payee refunds the amounts back.
SoftBulls shall not be responsible to make payments in respect of any Chargeback unless it has received the requisite amounts from the concerned acquiring bank/ Service Provider/ Payee/ User. In the event of the receipt by SoftBulls of an amount of a Chargeback from the acquiring bank / Service Provider, SoftBulls shall pass on to User/ Payer such amount received by them within 7 days
Further more :-
If applicable User undertakes that it shall, during the use of the Services, be in compliance with the mandates of OFAC and acknowledges that the User has not directly or indirectly lent, contributed or otherwise made available funds to any of its affiliates, joint venture partners or any other person or entity for the purpose of financing the activities of any person currently subject to the OFAC Specially Designated Nationals List (SDN), Consolidated Sanctions List and the Additional OFAC Sanctions List, as amended from time to time. For the purpose of this paragraph, OFAC means the Office of Foreign Assets Control constituted under the laws of the United States of America.
In case SoftBulls is intimated, by the Acquiring Bank or a Card Payment Network, that a customer has reported an unauthorised debit of the customer's payment instrument ("FRAUDULENT TRANSACTION"), then SoftBulls shall be entitled to suspend the settlement of the amount associated with the Fraudulent Transaction during the pendency of inquiries, investigations and resolution thereof by the Acquiring Bank or the Card Payment Network.
In the event the Fraudulent Transaction results in a Chargeback, then the Chargeback shall be resolved in accordance with the provisions relating to Chargeback as set out under these Terms of Use.
If the amount in respect of a Fraudulent Transaction has already been settled to the User pursuant to these Terms of Use, any dispute arising in relation to the said Fraudulent Transaction, following settlement, shall be resolved in accordance with the RBI's notification RBI/DPSS/2019-20/174
DPSS.CO.PD.No.1810/02.14.008/2019-20, dated March 17, 2020, DBR.No.Leg.BC.78/09.07.005/2017-18, dated July 6, 2017 read with RBI's notification DBOD. LEG. BC 86/09.07.007/2001-02 dated April 8, 2002 and other notifications, circulars and guidelines issued by the RBI in this regard from time to time.
If either SoftBulls or Service Provider suspects, on reasonable grounds, that a User has committed a breach of these Terms or any other agreement with SoftBulls or any act of dishonesty or fraud against SoftBulls/ any Service Provider, SoftBulls shall be entitled to (a) suspend all payment under these Terms; (b) deactivate/ suspend your User Account and disable your password; and (c) terminate User’s access to the SoftBulls platform or the Services; pending enquiries by SoftBulls. User may cancel his User Account at any time by sending SoftBulls’s an email to that effect.
User shall keep SoftBulls and the Acquiring Bank safe and harmless and indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against SoftBulls by another User/ Service Provider/ third party for reasons including, but not limited to (i) delivery, non-delivery or delay, deficiency or mistake in respect of the Products purchased sold or services rendered; (ii) a breach, nonperformance, non-compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made by him; (iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the User, or his employees, subcontractors and agents in performance of their obligations under these Terms; (iv) infringement of Intellectual property rights, privacy rights of third parties; (v) third party claims or suits.
User agrees not to disclose or attempt to use or personally benefit from any non-public information that he may learn on the SoftBulls platform or through the Services.
This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If the User is compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, he agrees to forthwith and diligently notify SoftBulls and cooperate fully with SoftBulls in protecting such information to the extent possible under applicable law.
SoftBulls may access, preserve and disclose any of the user’s information if required to do so by law, or SoftBulls believes in good faith that it is reasonably necessary to (i) respond to claims asserted against SoftBulls or to comply with legal process, (ii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iii) protect the rights, property or safety of SoftBulls, its Users or members of the public. Please refer to our Privacy Policy for further details
The SoftBulls platform content and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to SoftBulls, subject to copyright and other intellectual property rights under the law and international conventions. Such SoftBulls platform content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of SoftBulls.
The user also expressly agrees and undertakes and consents to use of its trade mark, service mark and logo on SoftBulls website/platform/app
User understands that his access to the SoftBulls platform will result in the collection, use and storage of his information which is subject to SoftBulls's Privacy Policy. Through his access of the SoftBulls platform User consents to the collection, use and storage of such information, which will be held by SoftBulls and may be processed and stored by Service Providers. For an explanation of SoftBulls’s practices and policies related to the collection, use, and storage of Users’ information, please read our Privacy Policy
THE CONTENT AND FUNCTIONALITY ON THE SoftBulls PLATFORM IS PROVIDED WITH THE UNDERSTANDING THAT SoftBulls IS NOT HEREIN ENGAGED IN ITSELF FOR MAKING PAYMENTS. SoftBulls IS AN INTERMEDIARY BETWEEN BANKS, SERVICE PROVIDERS AND USERS.
ALL CONTENT AND FUNCTIONALITY ON THE SoftBulls PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SoftBulls MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, OR ADEQUACY OF THE SoftBulls PLATFORM OR THAT THE SERVICES PROVIDED OR THE FUNCTIONALITY ON THIS SoftBulls PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
SoftBulls DONOT WARRANT TO THE USER THAT :-
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN IN CONJUNCTION WITH SoftBulls’S SERVICES OR ANY DATA/CONTENT.
SoftBulls DOES NOT WARRANT THAT PRODUCTS/SERVICES OR ANY CONTENT/DATA WILL BE PROVIDED UNINTERRUPTED OR FREE FROM ERRORS OR THAT ANY IDENTIFIED DEFECT WILL BE IMMEDIATELY CORRECTED. FURTHER, NO WARRANTY IS GIVEN THAT PRODUCTS/SERVICES OR ANY DATA/CONTENT ARE FREE FROM ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS. BANK PROVIDE THE PRODUCTS/SERVICES AN "AS IS", "WHERE IS", "WITH ALL FAULTS" BASIS. USER HEREBY ACKNOWLEDGES THAT HIS USE OF THIS SoftBulls PLATFORM AND THE SERVICES IS AT HIS SOLE RISK.
UNDER NO CIRCUMSTANCES SHALL SoftBulls OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SoftBulls PLATFORM OR THESERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SoftBulls PLATFORM, EVEN IF SoftBulls HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF HIS ACCESS TO AND USE OF THE SoftBulls PLATFORM AND SERVICES, REMAINS WITH HIM. NEITHER SoftBulls NOR THE ACQUIRING BANK NOR ANY OTHER PARTY INVOLVED IN PROVIDING OR DELIVERING THE SoftBulls PLATFORM OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, OR IN CONNECTION WITH THESE TERMS, AS A RESULT OF HIS USE OF THE SoftBulls PLATFORM OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SoftBulls HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. FOR TAX PAYMENTS AND OR UTILITY BILL PAYMENTS THROUGH THE SoftBulls PLATFORM, SoftBulls SHALL NOT BE RESPONSIBLE FOR ANY SYSTEM FAILURE OR NON-COMPLETION OF TRANSACTION WHETHER SUCH FAILURE OR NON-COMPLETION INCLUDES SYSTEM FAILURE, DOWNTIME OR NONAVAILABILITY AT THE BANK/UTILITY PROVIDERS WEBSITE OR TAX AUTHORITIES WEB SITE
EXCEPT FOR SoftBulls’S OBLIGATIONS TO MAKE PAYMENTS THROUGH THE SETTLEMENT ACCOUNT AS ENVISAGED HEREIN, IN NO EVENT WILL SoftBulls'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND USER’S USE OF THE SoftBulls PLATFORM AND SERVICES, EXCEED THE AMOUNT OF INDIAN RUPEES ONE THOUSAND ONLY IN AGGREGRATE AT ALL TIMES OR THE AMOUNT PAID BY THE USER FOR AVAILING SoftBulls PLATFORM, WHICHEVER IS LESSER
For any queries / details Users can contact:
SoftBulls India Limited(Previously known as SoftBulls India Private Limited), 111, SunderVilla, S.V.
Road, Santa Cruz (W), Mumbai 400054, India.
Or
Write to us at contact@SoftBulls.co.in
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