Terms and Conditions 2017-11-08T07:53:56+00:00

TERMS & CONDITIONS, PRICING, PRIVACY, USAGE & DISCLAIMER

OF ‘BENOW’ APPLICATION

Terms of Use

  1. Cashless Technologies India Pvt. Ltd (‘CTIL/Company) is the Owner & Developer of the Software Platform, ‘Benow’, and the provider of merchant services to enable merchants to accept orders and payments digitally.
  2. These terms set out the basis upon which the Merchant subscribes to the said Application for personal use and convenience.
  3. Please read these terms and conditions carefully before usage of the application carefully. By using this application you will be deemed to have agreed to these terms and conditions mentioned herein. If you do not agree to comply with these terms please do not use the application. CTIL shall change these terms and conditions from time to time, so please review these terms regularly.

 

Access, Registration & Other Terms

  1. Once you receive an SMS or notification that a customer payment has been received, the Company guarantees to pay the same (after deducting charges) into your specified bank account within 3 working days of the transaction being complete. In case you do not receive the SMS or Notification, you should not assume that payment has been made by the customer.
  2. You understand that the actual payment processing is performed by Banks, NPCI and other processors and that CTIL is not responsible for the availability and uptime of these various providers.
  3. You agree not to share your login passwords, banking details, MPIN’s relating to various bank accounts and other modes of payment with any person at any time whatsoever.
  4. You agree to provide all true and correct registration information and that you will update the same in case of any changes, modifications, and rectifications. It may be necessary for us to refuse some registration applications to prevent fraudulent usage. Please read our Privacy Policy, which applies to the registration information we collect.
  5. You agree not to abuse the access / registration process, since maintaining security and integrity of the application is necessary to enable all our users to use it safely and effectively.
  6. You agree to maintain confidentiality of all the information so shared with you by the Company which is termed as confidential by the company.
  7. This application is on an “AS IS” and “AS AVAILABLE” basis. CTIL makes no representations or warranties of any kind, express or implied as to the operation of this application or the information, content, materials or products listed by the Merchant or available with the Merchant and that your use of the said application is at your own risk.
  8. To the full extent permitted by the applicable law, CTIL disclaims all warranties, express or implied, including but not limited to warranties, express or including, but not limited to, implied warranties of merchantability and fitness for the goods/services. CTIL does not warrant that this application its servers are free from viruses or other harmful components. CTIL will not be liable for any damages of any kind arising from the use of this application including, but not limited to direct, Indirect, Incidental, punitive and consequential damages including any damages or claims arising out of the acts of the Merchant or its goods /services supplied on the said application;
  9. Please note that the application may not be available at all times. It will be inaccessible during the regular maintenance periods and it may from time to time be subject to emergency maintenance or be unavailable for other technical reasons. The said application cannot be promised to be free from errors or bugs. We will, however use reasonable care and skill in fixing any problems once we become aware of them.
  10. While the Company warrants to protect the confidentiality of Merchants, Customers and their transactions, the Company is free to use the data for improving the quality of its service offerings and personalize its content to meet the unique requirements of every user. The Company is also free to share anonymized / aggregated information with third parties to help them generate better insights on the market.
  11. This application may contain third party advertising and links to external websites. External websites may be linked to the application. We choose our commercial partners with reasonable care but do not necessarily recommend, endorse or sponsor and cannot control and are not responsible for any third party content that may be accessed through this application. Please use common sense and caution when using such third party websites and content. You should read their own terms of use and privacy policies.
  12. We will not be responsible for loss of or damage to your device on which the application is downloaded or other personal property or any other losses, which you suffer as a result of the said application.
  13. All dealings between you and your customer shall be subject to the usual business ethics and industry standards
  14. All statutory, taxation and legal compliance as per the laws, regulations, notifications have to be done by you at your cost and expenses. GST, or any other levy of the Government on the goods shall be due and payable by you. The Company is not responsible for the same.
  15. You agree to indemnify the Company for any loss, damages, claims so raised on the company by any third party, attributable to wrongful acts by you.
  16. You shall not sell goods which are deemed to be illegal or banned by the laws of India and shall keep all licenses required as per the local laws in connection with the licensing and carrying on of business on your premises.
  17. You agree not to tarnish the images of the Company in any manner whatsoever and shall endeavor to provide services to the customers in the best possible manner.
  18. All contents in respect of the application is the copyright material and ownership of CTIL and that any reproduction, dissemination, transmission, copying or plagiarism of any kind of the said application, contents, colour scheme, design etc. is illegal. Any person doing any of the said acts shall be prosecuted in law and necessary action under law shall be taken against all or any persons including but not limited to proceedings in civil, or, criminal courts.. CTIL has the right to seek necessary injunctive and punitive reliefs against any or all person trying to attempt any of the aforesaid acts unless expressly authorized by the Company.
  19. Decompiling, reverse engineering, disassembling or otherwise reducing the code use in any software into a readable form in order to examine the construction of such software is prohibited except to the extent permitted by law.
  20. If you are in breach of these Terms & Conditions and we do not take any action against you, we may still take action against you later or if you breach the same term on another occasion of if you breach a different term.
  21. If any provision of these terms is for any reason, held to be unenforceable, illegal or invalid in some other way, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms and they will continue in full force and effect.
  22. These terms are governed by the Indian Law and we agree to only bring legal action about these terms in Courts in Mumbai, India. Subject to jurisdiction of Courts at Mumbai.
  23. By accepting the usage, terms and policy, you accept to all the terms and conditions as mentioned above.

 

PAYMENT TERMS

On Sign Up, you’re eligible to six months of free usage period after which the application usage charges will be INR 2000 + taxes annually.

Company will deduct transaction fees (as per rate table below) from the amounts collected on behalf of you and settle the net amount not later than T+3 working days of the transaction date.

Mode of Payment <₹1000 > ₹1000 – ₹2000 < > ₹2000
UPI 0.45% 0.45% 0.85%
Debit Card 0.45% 0.70% 1.2%
Credit Card 2.1% 2.1% 2.1%
Net Banking 2.1% 2.1% 2.1%

+ taxes on transaction fees as applicable

The company will deduct 1% from every successful order placed by the customer on the products offered by you using our Campaign / E-Stall link.

 

 

PRIVACY POLICY

This Policy explains our approach to online information collection, storage and use in connection with this application, as well as the specific choices you can make about your own information. Please read this Policy carefully. By using this application you will be deemed to have agreed to this policy, so if you do not agree please do not use the application. We may post changes to this Policy from time to time so do review it regularly.

How We Use Information We Collect

  • We use aggregate information, which cannot be attributed to any specific merchant / customer, to improve the usage of the application. We may also share this aggregate information with our current or potential commercial partners, to draw insights into the market.
  • We use the personally identifiable information you provide to us in your registration application to administer your registration and to provide you with the personalized features for which that registration was necessary.
  • We use the personally identifiable information you provide to us when you contact us directly to respond to your specific inquiry or to administer the relevant activity to which it relates, e.g. to enter you into a application competition or to supply information or goods you have requested.
  • Please be aware that it is possible, though unlikely, that we might be forced to disclose personally identifiable information in response to legal process or when we believe in good faith that the law requires it, e.g. in response to a court order or a law enforcement agency’s request.
  • We only keep the information of the payment made by you confidential and only for the purposes of facilitating the refunds in case of failed transactions and nothing more. We do not use this confidential information for any other purposes nor do we share or disseminate such information at any time whatsoever.

Our Commitment to Security

  • We employ appropriate technical and organizational security measures to prevent unauthorized access to information that we collect online.

Your Rights

You have the option at any time to request that we:

  • provide a copy of the personal information we hold relating to you (and we may make a small charge for this);
  • update or remove any such personal information; and
  • stop contacting you where we do this in accordance with your previous consent.

 

TERMINATION

Either Party can terminate this agreement for convenience by giving 30-day written notice. All amounts due to the Company will be collected forthwith and the service will shut down in an orderly fashion at the end of the 30-day period.

The Company is entitled to terminate this agreement for cause and remove you from the said application and restrain you from doing business on the said application in any manner whatsoever, in the following circumstances; a) in case of any persistent complaints from the Customers that the Merchant is not able or willing to resolve, (b) in case of unethical business standards and practice adopted by the Merchant (c) where the Company comes to know of unfair/restrictive practice adopted by the Merchant including any illegal activities adopted by the Merchant.

 

JURISDICTION

Subject to the Jurisdiction of Courts at Mumbai Only and Subject to Indian Laws & other local laws applicable to the State.