By agreeing to these Terms and Conditions agreement, you are acknowledging to be bound by these "Terms and Conditions" after having read, understood and agreeing by your free will and without any coercion or force. The provision of services to you is subject to these terms and conditions:
1. The Payment Services are being offered to you by MORSY PAY PRIVATE LIMITED Company incorporated and registered under the Companies Act, 2013 and having its Registered Office at SHOP-416, SKY VIEW, SARTHANA JAKATNAKA, SURAT, Surat, Gujarat, 395006 (hereinafter referred to as MORSY Pay).
2. By completing the application form to become a merchant, you are authorizing Morsy Pay to obtain financial / company / credit information (including from third parties) relating to you and /or relating to any of your authorized signatories, directors and officers.
3. You hereby acknowledge and understand that through the Payment Service, Morsy Pay is only providing a method of payment to your customers for the goods/services offered by you. Morsy Pay does not have any role or any part in the provision of goods/services to your customers and at no time shall Morsy Pay be held responsible for the delivery, delivery commitment, quality or quantity of goods/services offered by you to your customers. All issues in regards to delay in delivery, customer dissatisfaction due to quality/quantity/delay in delivery shall exclusively be handled by you and you shall solely be responsible for ensuring that the payment received is refunded or credited back to the customer.
4. Morsy Pay shall at all times remain the sole owner and have exclusive rights of its Intellectual Property which includes but is not limited to:
(a) trademarks and service marks (registered and unregistered), trade names, and goodwill associated therewith;
(b) patents, patentable inventions, computer programs, and software;
(c) databases;
(d) trade secrets and the right to limit the use or disclosure thereof;
(e) copyrights in all works, including software programs; and
(f) domain names. Neither you nor any other user of Morsy Pay Services shall have any right, ownership or claim over the intellectual property of Morsy Pay.
5. By using the Morsy Pay Payment Services, you are aware and consenting to provide Morsy Pay with access to collecting your personal, professional and business data and to use this collected information for provision of the Morsy Pay Payment Gateway Services.
6. Morsy Pay has the rights to reserve or retain a portion of your Payout Amounts, in order to protect itself against the risk of Chargebacks, or any other risk, exposure and/or liability related to your use of the Payment Gateway Services.
7. Morsy Pay does not give any merchant the rights, in any manner, to rent, lease or otherwise transfer its rights to use the software to any third party.
8. Mprsy Pay is not being liable for all or any resulting damages suffered by you or any third party. Due to non-compliance with instructions, implementation and use requirements provided by Morsy Pay.
9. You hereby expressly agree that:
a) you are not in violation of any law, rules, regulation of the country and shall ensure to comply and abide by the laws of India at all times;
b) You are not restricted under any law prevailing in India from entering into this Agreement;
c) You shall refrain from using the Morsy Pay Payment Services in a manner that will result in a violation of anti-money laundering, counter terrorist financing and/or such similar illegal activities;
d) You shall not fail to provide Morsy Pay with any information requested by it from time to time and that such information shall not be false, incomplete, inaccurate or misleading;
e) You shall ensure to comply with all Morsy Pay guidelines issued by MasterCard, Visa, Visa Electron, Maestro, and other Card guidelines, NPCI Associations and/or RBI with regards to online payments.
10. If Morsy Pay has reason to believe that there is a higher than normal risk associated with your transactions, Morsy Pay may take various actions to avoid refunds, reversals, chargebacks, fees, fines, penalties and any other liability. The actions Morsy Pay may take include but are not limited to:
a) Suspending your right to use the Morsy Pay Payment Services;
b) Refuse any Transaction at any time;
c) Change the Payout Cycle to T+3 or higher or as mandated by RBI or the competent authority from time to time.
11. Morsy Pay Payment Gateway Service is provided "as is" without any warranty whatsoever and Morsy Pay hereby disclaims all warranties, express, implied, or statutory, as to any matter whatsoever, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights.
12. Morsy Pay Payment Service is an internet and computer network based service which may be subject to outages and delay occurrences. Furthermore Morsy Pay is also dependent upon its Partner Bank networks and these may occasionally be restricted due to various reasons beyond its control. Morsy Pay hence will not be responsible for any outages or delays due to such occurrences up to a reasonable time. You acknowledge that your access to the Morsy Pay business website (www.morsypay.com )/Morsy Pay Payment Gateway Services and related applications may be occasionally restricted with prior intimation to allow for repairs, maintenance or the introduction of new facilities or services.
13. The relationship between you and Morsy Pay is on a Principal to Principal basis. At no time shall Morsy Pay be considered your agent or vice versa.
14. You are required to take all reasonable steps to protect the security of your electronic devices through which you access the Morsy Pay Payment Gateway Services.Morsy Pay shall under no circumstance be held responsible for any loss or damage incurred by you which is caused due to your sole negligence.
15. Morsy Pay may from time to time change these terms and conditions and shall intimate you of the new Terms and Conditions. Your continued use of the services after such change shall deem to mean that you have accepted the new Terms and Conditions. You may stop using the services if the changes are not acceptable.
16. This Agreement shall be governed by the Laws applicable in India. The Courts of Surat shall have exclusive jurisdiction over any dispute that arises from this Agreement.