• This Legal Agreement (here in after termed as "Agreement") is a contract between you/user and Touch Payment Services Private Limited (hereinafter termed as "TouchPay"). This agreement applies on all the services used through TouchPay therefore, you must read, agree and accept all of the terms and conditions contained in this Agreement. Atany time, we may amend this Agreement by posting a revised version on our website. The revised version of the user agreement will be effective at the time we post it. In addition, if the revised version includes a Substantial Change in any circumstances, we will provide you with 30 Days' prior notice of any Substantial Change in any circumstances, by posting notice on the "Policy Updates" page of our website.
• This is an important document to be considered carefully before choosing our Services. This Agreement also highlights certain risks factors of choosing our services such asrelated with the Payments or may be any other issue. Therefore, must read this Agreement & all the policies carefully before entering into a transaction.
• RELATIONSHIP BETWEEN YOU & TOUCHPAY
  • TouchPay is a Service Provider only and helps you to make and accept payments from third parties. We arean independent contractor for all the purposes andacts as your agent with respect to the custody of your funds only. Wedonot have control of, or liability forthe products or services that are paid for using ourServices. We do not guarantee the identity of any User or ensure that a buyer or a Seller will complete a transaction.
  • Protecting your privacy is very important for us. Please reviewour Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.
  • If you receive Information about another user then it is your responsibility tokeep the Information confidential and only use it in connection with the TouchPay Services. You shall not allow disclosing or distributinganotherUser's Information tothird party or use the Information for marketing purposes unless you receive the User's express consent to do so.
  • As already stated in terms "TouchPay" and its logorelated with our Services are either trademarks or registered trademarks of TouchPay or its licensors. You may not copy, imitate or use them without ourprior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of TouchPay. Therefore, cannot be used without prior written consent. You may use HTML logos provided by TouchPaythrough our Merchant services, auction tools features or affiliate programs without prior written consent for the purpose of directing web traffic to the TouchPay Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to TouchPay or itsServices or display them in any manner that implies TouchPay's sponsorship or endorsement. All right, title and interest in and to the website, any content thereon, Services, technology related to ourServices and any content created or derived from any of the foregoing is the exclusive property of TouchPayand its licensors.
  • You may not transfer or assign any rights or obligations you have under this Agreement without TouchPay's prior written consent.
  • TouchPaymay send notice to you by posting it on our website, by emailon registered mail address or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. You may request to receive legal disclosures in hardcopy instead of electronic communications by contacting us. TouchPaywill charge you a Records Request Fee to provide a hardcopy. We reserves right to close your Account if you withdraw your consent to receive electronic communications.
  • Except as otherwise stated notice to TouchPayshall be sent by Email to TouchPay at support@touchpayinc.com
  • We consider that instead of receiving periodic statements by mail you agree to review your transactions through your Account Historyunder the tab Account overview page.
  • By providing us mobile numberyou have consentedto receiveautodialed and prerecorded message calls, verification code and transactions alertsfrom TouchPayat that number.
• ELIGIBILITY AND ACCOUNTS TYPES
  • To use our services user should not be a minorand have attended age of 18 years.
  • This agreement applies to every User.
  • We offer two different types of Accounts i.e.Personal and Business Accounts. You may only hold one Personal Account and one Business Account. By opening a Business Account and accepting the terms as outlined in this Agreement, you agreethat you are not establishing the Account primarily for personal, family, or household purposes.
  • If you open a Business Account, you need to give written instructions to us in accordance with the Fair Credit Reporting Act and you are authorizing usto obtain your personal and/or business credit report from a credit bureau. You are also authorizing TouchPay to obtain your personal and/or business credit report in case you upgrade you’re Personal Account to a Business Account or at any time when we havereason to believe thatthere may be an increased level of risk associated with your Business Account.
• FUND & ITS TRANSFER
  • A. TRANSFER FROM YOUR ACCOUNT
    • At present there are no sending limits.But we may impose limits on the transferred amountwith a prior notice.When you makea payment, we use Preferred Payment Currency selected by you first in order of balance in same currency followed by balance available in other currency.
    • In order to manage risk we have limitedthe Payment Methods available for a transaction.
    • When Instant Transfer is used as your Payment Method or when you initiate an Add Funds transaction, you are requesting an electronic transfer from your bank account. Once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer.
    • When you send money & the recipient not willing to accept it, in such cases we shall notliable for any damages resulting from a recipient's decision not to accept a payment made through the ourServices. We will return any unclaimed, refunded or denied payment within 30 Days of the date you initiate payment. If a payment is unclaimed, denied or refunded for any reason, we will return the money to your Balance or to the original Payment Method.
    • When you send a payment to certain Merchants, you are providing an Authorization to the Merchant to process your payment and complete the transaction. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your Authorization will remain valid for up to 30 Days. If your payment requires a currency conversion, the exchange rate (which includes a Currency Conversion Fee) will be determined at the time the Merchant processes your payment and completes the transaction.
    • When you are sending money to a Merchant who has requested a currency that is different than your primary currency, you will need to specify whether you want to pay the Merchant in the Merchant's requested currency, or in your primary currency (in some cases, the Merchant may not give you a choice). If you send money in a currency that is not your primary currency, we follow theseoptions:
      • You have a Balance in the requested currency;we will fund your transaction from your Balance.
      • If you have a Balance in a different currency, we will perform a currency conversion and use it to fund your transaction.(Currency Conversion Feeapplicable)
      • If you do not have a Balance, we will fund your transaction through your Default Payment Methods.
    • TouchPay Mobile service allows you to send and receive payments through your mobile phone.It isavailable in almost all countries.There are no charges for making payments using this service.
  • B. RECEIPT INYOUR ACCOUNT
    • If you are selling goods or provider of services, you may not ask the buyer to send you a Personal Payment for the purchase. If you do so, we may remove your ability to accept Personal Payments.
    • Payment Review is a process to review certain potentially high-risk transactions. If a payment is subject to Payment Review, we canhold on the payment and provide notice to the Seller to delay shipping of the item. Wewill conduct a review and either clear or cancel the payment. If the payment is cleared, notice will be sent to the Seller to ship the item. Otherwise, wewill cancel the payment and the funds will be returned to the buyer.
    • When you receive a payment and later on found invalidated for any reason, youwill beliable to payfullamount of the payment plus applicable Fees if any to TouchPay.
    • You agree that you will not impose a surcharge or any other fee for acceptingthe payment through TouchPay. You may charge a handling fee in connection with the sale ofgoods or services, as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-TouchPay transactions.
    • It is your responsibility to determine applicability of tax on the transaction you enter into & to collectreport and remit the correct tax to the appropriate tax authority. We arenot responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
    • We may block your ability to receive payments from Student Accounts if you sell goods or services that may be illegal for minors topurchase under any applicable laws or regulations. This includes, but is not limited to, alcohol, tobacco or adult oriented materials.
    • We recommend that if you are selling goods or services you have a published return policy and a published privacy policy on your website or at your point of sale.
    • If you receive Recurring Payments you must comply with the following requirements:
      • You must receive your buyer’s prior Authorization for the amount, frequency, and duration of the Recurring Payment.
      • If the amount of the Recurring Payment varies, you must allow your buyer to set both minimum and maximum amountcharge and alsoprovide your buyerright to receive notice of the amount and date of each Recurring Paymentfor every payment, when amount will fall outside the agreed range or payment differ from prior Recurring payment.
    • If you receive No Log-In Payments you must receive your buyer’s Authorization to the payment amount prior to submitting the No Log-In Payment.
  • C. AVAILABLE FUND INYOUR ACCOUNT
    • You do not need to maintain a Balance in your Account in order to make payments. Ifyou do hold a Balance, wewill hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes and will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds arein our custody, wewill combine your funds with the funds of other Users and place those Pooled Accounts in one or more bank accounts in TouchPay's name.
    • You agree that you will not receive interest or other earnings on the funds that wehandles as your agent and places in Pooled Accounts. In consideration of our Services you irrevocably transfer and assign usany ownership right that you may have in any interest that may accrue on funds held in Pooled Accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grant usany ownership right to the principal of the funds you maintained in your account. In addition to or instead of earning interest on Pooled Accounts, we may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds.
    • If one of the currency Balances in your Account is negative for any reason, wemay set-off thenegative Balance by using funds you maintain in a different currency Balance, or by deducting amounts fromyour Account, or money you attempt to withdraw or send from your Account. If you have a negative balance for a period of 21 Days or longer, wewill convert your negative Balance to USD.
    \
    • You aresolelyresponsible for all risks associated with maintaining Balances in multiple currencies. You agree that you will not attempt to use multiple currencies for speculative trading.
    • You agree that you will not attempt to use multiple currencies for speculative trading.
    • To secure your performance of this Agreement, you grant usa lien on and security interest in and to the funds held in your Account in our possession.
  • D. ADDITION OF FUND
    • You may add funds by e-transfer using net bankingthem from your bank account which is linked with your TouchPay account.There are no adding limits for both Personal and business accounts.
    • Whenever, you add funds from your bank to TouchPay account. We send funds instantly to your TouchPay account but the funds will show as hold amount until it get verified. Generally ittakesmaximum 24hours to verify your transaction.After verification fund will automatically send to your main account.
  • E. WITHDRAWAL OF FUND
    • You may withdraw funds by online transferring them to your bank account linked with your TouchPay account.
    • At present there are no withdrawal limits for both Personal and business accounts but in future there may be limits Depending on the degree to which you have verified your Account. In addition, we may delay withdrawals of large sums of money while we screen for risk.
    • If you have multiple currencies in your Balance, you will be able to choose from those when you withdraw funds.
• CLOSING OF TOUCHPAY ACCOUNT
  • You may close your Account at any time by logging in to your Account, clicking onthe “Profile” tab and choosing “Close Account” link, and then following the instructions. Upon Account closure, we will cancel any pending transactions and you will forfeit any Balances associated with Redemption Codes, unless otherwise legally prohibited. You must withdraw your Balance prior to closing your Account.
  • You may not close your Account to evade an investigation. Ifyou attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect TouchPay or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
  • If you do not log in to your Account for two or more years, wemay close your Account and send the Balance to your primary address. If wedonot close you’reAccount and the Accountremains dormant, or if wedoclose your Account but your primary address is incorrect, it’srequired to escheat you’reBalance to your state of residency. We will determine your residency based on the state listed in your primary address. If your address is unknown or registered as a foreign country, your funds will be escheated to your state's Unclaimed Property Administrator. Where applicable, we will send you a notice prior to escheating or closing your Account. If you fail to respond to this notice, your Balance will be escheated to the state. If you would like to claim your funds from the state, please contact your state's Unclaimed Property Administrator.
• APPLICABLE FEES
  • At the time of making Personal and Business Payments, the following applies:
    • There is not any fee for sending and receiving funds from /to your account.
    • There is not any fee for adding funds from your local bank account to TouchPay account using electronic transfer (net banking).
    • At the time of making Future payments you must have 2% of the total sending amount in your TouchPay account. If you stop the payment or payment bounce then the same amount (2% of total sending amount) will be charged as fine.
    • We will charge 1% fee at the time of withdrawal of funds into your local bank account in some of the special cases thischarges may be high.
    • It is free to make Personal and Business Payment in home currency & if you want to send or receive payments in foreign currency then currency conversion charges will be applicable.
    • Additional fees may apply if you are sending or receiving money to/from a foreign country or transacting in a foreign currency.
• RESTRICTED ACTIVITIES In connection with your use of our website, you’reAccount,ourServices, in the course of your interactions with us, other Users, or third parties, you will not:
  • Breach this Agreement, the Commercial Entity Agreement, any other agreement or policy that you have agreed with;
  • Violate any law, statute, ordinance, Rules or Regulationapplicable;
  • Provide false, inaccurate or misleading information;
  • Send or receive potentially fraudulent funds;
  • Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
  • Conduct your business or use the ourServices in a manner that results or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penaltiesand other liability to us, other Users, third parties or you;
  • Allow your Account to have a negative Balance;
  • Access ourServices from a country that is not included inpermitted countries list.
• YOU’RE LIABILITIES & OUR ACTIONS
  • You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by us, useror third party due to your breach of this Agreement, and/or your use of the TouchPay Services. You agree to reimburse for any and all such liability.
  • If you are a Seller and TouchPay makes a final decision that you lose a Claim filed directly with us, you will be liableto reimburse us. Your liability will include the full purchase price of the item and original shipping cost.
  • If a buyer files a Claim, Chargeback or Reversal on a payment you received, wemay place a temporary hold on the funds in your Account to cover the amount of the liability. If you win the dispute then we will lift the temporary hold & if you lose the dispute fundswill be removedfrom your Account.
  • In the event that you are liable for any amounts owed to TouchPay, wemay immediately remove such amounts from your Balance. If you do not have a Balance that is sufficient to cover your liability, your Account will have a negative Balance and you will be required to immediately add funds to your Balance to eliminate the negative Balance. If you do not do so, wemay engage in collection efforts to recover such amounts from you.
  • If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect TouchPay, our Users, other third parties, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
    • We may close, suspend, or limit your access to your Account or the TouchPay Services (such as limiting access to any of your Payment Methods, and/or your ability to send money, make withdrawals, or remove financial Information);
    • We may contact buyers who have purchased goods or services from you, contact your bank , and/or warn other Users, law enforcement, or impacted third parties of your actions;
    • We may update inaccurate Information youprovided us;
    • We may refuse to provide the TouchPay Services to you in the future;
    • We may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability; and
    • We may take legal action against you.
  • TouchPay, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the ourServices for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
  • If u violates accepted privacy policy then we may hold your fund, charge fine & penalties including other losses & can also take legal action against you.
• UNAUTHORISED TRANSACTIONS
  • We will provide you full cover over unauthorized transaction. An unauthorized transaction is either money that was sent from your TouchPay Account that you did not authorize and that did not benefit you or a processing error that eitherincorrectly takes money from your TouchPay account or incorrectly places money in your TouchPay account.
  • You should regularly log into your TouchPay account and review your Account history to ensure that there has not been an unauthorized transaction. Wewill also send an email to the email address you have provided in order to notify you of each transaction from your Account.
  • To be eligible for 100% protection for unauthorized transactions, you must notify us within same day after the unauthorized transaction first appears in your Account history. Otherwise, you will be liable for related losses that occur on day second and beyond, if we can prove that we could have stopped the losses had you told us in time. For unauthorized transactions from your TouchPay Account, write us on support@touchpayinc.com or connect with our customer services.
  • When you notify us, provide us with the following information: Your name and email address registered to your Account, anddescription of the suspected unauthorized transaction and an explanation as to why you believe it is incorrect or why you need more information to identify the transaction, andamount of the suspected unauthorized transaction.
  • You should immediately notify usif you believe (a) there has been an unauthorized transaction or access to your Account, (b) your passwordor Masterkey; or (c) your TouchPay Mobile-activated phone has been lost, stolen, or deactivated. If you notify us by telephone, we may request that you send us your complaint or question in writing within 10 Business Days. Please complete the affidavit form and submit it online or send it to us at support@touchpayinc.com.
  • We will conduct an investigation to determine whether there has been an unauthorized transaction that is eligible for coverage under this section.
  • We will complete our investigation within 10 Business Days of the date you notified us of the suspected unauthorized transaction (or within 20 Business Days for point of sale or foreign initiated transactions). If we need more time, we may take up to 45 Business Days to complete our investigation (or up to 90 Business Days for point of sale or foreign initiated transactions)
  • If we decide that we need more time to complete our investigation, we will provisionally credit your TouchPayAccount for the amount of the suspected unauthorized transaction. You will receive the provisional credit within 10 Business Days of the date we received your notice (or within 20 Business Days for point of sale or foreign initiated transactions). This will allow you to have use of the money until we complete the investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we will not provisionally credit your Account.
  • We will inform you of our decision within 3 Business Days after completing our investigation.
  • If we determine that there was an eligible unauthorized transaction, we will promptly deposit the full amount of the unauthorized transaction into your Account. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.
  • If we decide that there was not an eligible unauthorized transaction, we will include an explanation of our decision in our email to you. If you received a provisional credit, we will remove it from your TouchPay Account. You may request copies of the documents that we used in our investigation.
  • TouchPay Processing Errors. If we discover a processing error, we will rectify the error. If the error resulted in your receiving less money than you were entitled to, Wewill credit your Account for the difference. If the error results in you receiving more money than you were entitled to, we may debit the extra funds from your TouchPay Account. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your losses or damages directly caused by this failure, unless: (a) through no fault of ours, you did not have enough available funds to complete the transaction,(b) our system was not working properly and you knew about the breakdown when you started the transaction, or (c) circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.
  • PROTECTION OF SELLER
    • We provide Sellers from Claims, Chargebacks, or Reversals that are based onUnauthorized Transaction or Item Not Received. We will protect you for the full amount of the eligible payment and waive the Chargeback Fee, if applicable. There is no limit on the number of payments for which you can receive coverage.
    • To be eligible for Seller protection, you must meet all of the requirements listed below:
      • Basic requirements such as Shipment should be done (The item must be a physical, tangible good that can be shipped) & you must have responded our requests for documentation and other information in a timely manner.
      • Additional Requirements like as the payment must be marked “eligible” or “partially eligible” for Seller protection on the Transaction Details Page, You must have a valid Proofof Delivery & you must ship the item within the specified timeframe of receipt of payment.
        

        "Proof of Shipment" is online or physical documentation from a shipping company that includes date of shipment, recipient’s full address, details of the item etc."Proof of Delivery" is online documentation from a shipping company that includes date of delivery, recipient’sfulladdress, Signature Confirmation etc.“Signature Confirmation” is online documentation that can be viewed at the shipping company’s website and indicates that the item was signed for on delivery

  • Items/transactions not eligible for Seller protection. The following are examples of items/ transactions noteligible for Seller protection:
    • Claims or Chargeback’s for Significantly Not as Described. Items that you deliver in person.
    • Intangible items, licenses for digital content, and services.
    • Items that are not shipped to the recipient address. If you originally ship the item to the recipientaddress but the item is later redirected to a different address, you will not be eligible for Seller protection. We therefore recommend not using a shipping service that is arranged by the buyer, so that you will be able to provide valid proof of shippingand delivery.
  • BUYERS PROTECTION
    • TouchPay has two programs to protect you,one isTouchPay Buyer Protectionand another is TouchPay Buyer Complaint Policy
    • TouchPay’s Protection Programs for Buyers help you if you encounter either Item Not Received or Significantly Not as Described (SNAD)
      

      **An item is Significantly Not as Described(SNAD)if it is materially different than what the Seller described in the item listing. Example, Received a completely different item, The condition of the item was misrepresented, The item is missing major parts or features of it which was not disclosed in thelisting, The item was damaged during shipment.

    • If your problem is a transaction that you did not authorize, please report the unauthorized transaction through the TouchPaySecurity Center.
      
      • TouchPay Buyer Protection: To be eligible for TouchPay Buyer Protection you must meet all of the following requirements:
        • Use our servicesto purchase an eligible item.
        • Pay for the full amount of the item with one payment.
        • Items purchased with multiple payments like a deposit followed by a final payment are not eligible.
        • Send the payment to the Seller through "Pay Now" button.
        • Open a Dispute using resolution center within 45 days of the date you sent the payment then follow the online dispute resolution process described below under Dispute Resolution.
        • Keep your TouchPay account in good standing.
    • If you and the Seller are unable to come to an agreement, escalate the Dispute to a Claim withinspecified time periodafter opening the dispute. You must wait at least 7 days from the date of payment to escalate a Dispute for an Item Not Received. If you do not escalate the Dispute to a Claim within given time, TouchPay will close the Dispute.
    • During the Claim process, wemay require you to provide documentation to support your position. You may be asked to provide receipts, third party evaluations, police reports, or anything else as we specify.
    • For SNAD Claims, wemay require you to ship the item back to the Seller, or to TouchPay, or to a third party at your expense, and to provide proof of delivery..
  • Claim Resolution Process.

    Once a Dispute has been escalated to a Claim, TouchPaywill make a final decision in favor of the buyer or the Seller. You may be asked to provide receipts, third party evaluations, police reports, or anything else that wespecifies. Weretainfull discretion to make a final decision in favor of the buyer or the Seller based on any criteria TouchPaydeems appropriate. In the event that wemakea final decision in favor of the buyer or Seller, each party must comply with thatdecision.

    TouchPay will generally require the buyer to ship an item that the buyer claims is SNAD back to the Seller (at the buyer’s expense), and Sellerrequiresto accept the item back and refund full purchase price plus original shipping coststo the buyer. In the event a Seller loses a Claim, the Seller will not receivea refund on his or her TouchPayfees associated with the transaction. If you lose a SNADClaim because the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you will not receive the item back if it isdestroyed.

  • TouchPay Buyer’sComplaint Policy

    It is a process to help you resolve a problem directly with the Seller using TouchPay Resolution Center for purchases that are not eligible for Buyer Protection. The TouchPay Buyer Complaint Policy is similar to TouchPay Buyer Protection in that it enables buyers to file Disputes for Items Not Received (USD), or for items that are Significantly Not as Described (SNAD). By filing a Dispute, you can communicate with the Seller and attempt to resolve the problem. If you are unable to resolve the problem, you may escalate an Item Not Received (USD) Dispute to a Claim but you may not escalate a Significantly Not as Described Dispute to a Claim.You may not file a dispute for a Personal Payment.

    Even though you may escalate an Item Not Received Dispute to a Claim, you are not guaranteed recovery. If the Claim is decided in your favor, your recovery is limited to the amounts that TouchPay can recover from the Seller’s Account.
• Buyer’sComplaint Process
  • Similar to TouchPay’sBuyer Protection, you must file a Dispute in the TouchPay Resolution Center within 45 days of the date you sent the payment. Once you have done so, you should attempt to resolve the Dispute directly with the Seller. If you are unable to resolve the Dispute directly with the Seller then you may escalate the Dispute to a Claim within 20 days of the date you filed the Dispute. TouchPay will make a final decision for some but not all Claims. You should not escalate a Dispute for Significantly Not as Described (SNAD) to a Claim because wewill not make a decision on a SNAD Claim under the TouchPay’sBuyer Complaint Policy. If we makea final decision in your favor, we will collect any available funds in the Seller’s TouchPaybalance at that time. However, recovery is not guaranteed and is limited only to the amounts that TouchPay can recover from the Seller’s Account. Any amounts collected from the Seller will be placed in your Account.
  • Extended Buyer Protection is additional coverage for eligible Buyer ComplaintPolicy Claims that isavailable to you when you make a payment through TouchPay account balance. If you win an Item Not Received (USD) Claim under the TouchPay Buyer Complaint Policy, TouchPay will reimburse you for the full purchase price of the item, plus original shipping costs.
  • Items that do not have the TouchPay Buyer Protection are not covered by TouchPay’s Protection for buyers. In addition, the following items are prohibited under the TouchPay Acceptable Use Policy and are not covered: firearms andfirearm parts, illegal and prescription drugs and drug paraphernalia, tobacco, offensive items, child pornography, and any illegal items.
  • You may not file a Dispute/Claim, or receive a recovery, for a purchase under TouchPay’s protection for buyers if youhave already received a recovery for that purchase directly from the Seller.
• RESOLUTION OF DISPUTES WITH TOUCHPAY
  • If a dispute arises between you and TouchPay, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and TouchPay regarding ourServices may be reported to Customer Service online through the TouchPay Help Center at any time.
  • If a party elects arbitration, that party will initiate such arbitrationthrough an established alternative dispute resolution (ADR) provider mutually agreed upon by theparties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Law and Forum for Disputes,Except as otherwise agreed by the parties or as described you agree that any claim or dispute you may have against TouchPay must be resolved by a court located in Its Jurisdiction. You agree to submit to the personal jurisdiction of the courts located within that jurisdiction for the purpose of litigating all such claims or disputes. Although all the disputes arises in India shall be filled & resolved as per Indian laws. This Agreement shall be governed in all respects by the laws, without regard to conflict of law provisions.
  • Improperly Filed Litigation, All claims you bring against TouchPay must be resolved in accordance with this Agreement. All claims filed or brought contrary to itshall be considered improperly filed a breach of this Agreementand will be liable to payattorneyfees and costs (including in-house attorneys and paralegals) provided that TouchPayhas notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
  • No Waiver Our failure to act with respect to a breach by you or others does not waive our right to act with respect tosubsequent or similar breaches.
  • Limitations of Liability, In no event shall we, our parent, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our web site, the TouchPayservices, or this agreement (however arising, including negligence). some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. our liability, and the liability of our parent, employees and suppliers, to you or any third parties in any circumstance is limited to the actual amount of direct damages.
  • Warranty,TouchPay, our parent, employees and our suppliers provide the TouchPay services as is and without any warranty or condition, express, implied or statutory. TouchPay, our parent, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. TouchPaydoes not have anycontrol over the products or services that are paid for with the TouchPayServices and TouchPaycannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. TouchPaydoes not guarantee continuous, uninterrupted or secure access to any part of the TouchPayServices, and operation of our site may be interfered with by numerous factors outside of our control. TouchPaywill make reasonable efforts to ensure that requests for electronic debits andcredits involving bank accounts,is processed in a timely manner but TouchPaymakes no representations or warranties regarding the amount of time needed to complete processing because the TouchPayServices are dependent upon many factors outside of our control, such as delays inthe banking system or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
  • License Grant,If you are using TouchPaysoftware such as an API, developer’s toolkit or other software application that you have downloaded to your computer, device, or other platform then TouchPaygrants you a revocable, non-exclusive, non-transferable license to use TouchPay’s software in accordance with the documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all TouchPaydocumentation accompanying the TouchPayServices. If you do not comply with TouchPay’s implementation and use requirements you will be liable for all resulting damages suffered by you, TouchPayand third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from thesoftware. You acknowledge that all rights, title and interest to TouchPay’s software are owned by TouchPay. If you are using the TouchPayServices on the TouchPaywebsite, or other website or platform hosted by TouchPay, or a third party, and are not downloading TouchPay’s software, then this section does not apply to your use of the hosted TouchPayServices.
  • Indemnification,You agree to defend, indemnify and hold TouchPay, its parent, officers, directors and employees harmless from any claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the TouchPayServices.
  • Assumption of Rights,If TouchPaypays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that TouchPayassumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in TouchPay's discretion.
  • If you have a dispute with one or more Users, you Release TouchPay(and our officers, directors, agents, joint ventures and employees) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
  • In addition to reporting complaints against TouchPaydirectly to TouchPayas described above, you may Report Complaintsto the Complaint Assistance Unit of the Division of Consumer Services in our jurisdiction.
  • Applicability of this Agreement, along with any applicable policies and agreements on the Legal Agreements page on the TouchPaywebsite, sets forth the entire understanding between you and TouchPaywith respect to the TouchPayServices. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
  • TouchPay may provide you with the ability to Translate this Agreementto a language other than English. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.

GENERAL

Except as set forth herein, this Agreement is governed by and interpreted under the laws of United States of Americaas such laws are applied to agreements entered into andto be performed entirely. For example, Australian residents who register for the TouchPay service with an Australian address, this Agreement is governed by and interpreted under the laws of Australia as such laws are applied to agreements entered into andto be performed entirely within Australia.We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by TouchPay, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter.