Your guide to partnering with us and using our services responsibly
Last updated: May 31, 2023
The PayGlocal Software Application (as defined below) and/or our Services are hereinafter collectively referred to as the“Platform”.
“Agreement” shall mean an agreement executed by and between PayGlocal and the Entity relating to the Services provided by PayGlocal.
“Alternative Payment Method” / “APM” shall mean any form of payment for international transaction as amended from time to time that shall not involve major Card Schemes or Net Banking or Unified Payment Interface or Crypto Currencies.
“Applicable Laws” shall mean and include without limitation Foreign Exchange Management Act, 1999 including amendments and regulations made thereunder, read along with any guidelines or directions issued by regulatory authority including but not limited to the guidelines with respect to Payment Aggregator and Payment Gateways, Combating Financing of Terrorism (CFT), Know Your Customer (KYC), Anti Money Laundering (AML) (as may be amended, supplemented, and modified from time to time), Office of Foreign Assets Control rules and such other Data Protection Law, taxation law or other laws as may be applicable to the parties in their respective jurisdiction from time to time.
“Approved Jurisdiction” shall mean the geography (country) in which the Entity and the Customer / Remitter are authorized to transact between each other, and which excludes the grey and black listed countries under the Financial Action Task Force (FATF) or any other high risk country, as may be notified by the Reserve Bank of India (RBI) or other competent regulatory bodies, from time to time.
“Authorized Dealer Category-I/AD Category-1 Bank” shall mean a designated category-1 authorized dealer bank deals with foreign exchange for purposes specified from time to time.
“Business Day” shall mean (except where otherwise indicated) a day, not being a Sunday or a public/bank holiday in India or the country from where the international payment is expected to be received.
“Chargeback” shall mean the reversal requested by a Customer/Remitter from their bank of the amount of Transaction charged by the Entity.
“Customer/ Remitter” shall mean any person who purchases Products from the Entity using the Services.
“Data Protection Laws” shall mean and include without limitation the Information Technology Act, 2000 (IT Act), Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (‘SPDI Rules') the Information Technology (The Indian Computer Emergency Response Team and the Manner of Performing Functions and Duties) Rules, 2013 (CERT-In Rules) (as may be amended, supplemented, and modified from time to time ) including but not limited to any data protection laws, regulation, order, mandatory guidance, or directives or requirements of any regulatory body which relates to the protection of individuals with regard to the processing of personal data to which PayGlocal and Entity are subjected.
“Entity Bank Account” shall mean a bank account held by the Entity for receiving the payment of the Settlement Amount.
“Export Collection Account” shall mean a bank account held by the AD Category-1 bank for PayGlocal in India specifically designated for the purpose of provisioning the Settlement Amount to the Entity Bank Account.
“Foreign Collection Account” shall mean the bank account, the details of which is provided by PayGlocal to the Entity to be shared with their respective Customer, for the purpose of receiving payments for Products purchased by the concerned Customer from the Entity.
“NOSTRO Account” shall mean a bank account designated to PayGlocal in arrangement with AD Category-1 Bank, in a foreign currency for the purpose of receiving electronic remittance from the Customer/Remitter.
“Participating Bank” shall mean the banks participating in and supporting the relevant Global Payment Method.
“PayGlocal Software Application” shall mean the PayGlocal technology including but not limited to its websites, software, platforms, application programming interfaces, and other online tools, application for facilitating the Services by PayGlocal.
“Products” shall mean one or more tangible or intangible goods and/or services offered for sale by the Entity to its Customers/Remitter.
“Relevant Authority” means any regulatory authority or acquiring bank / partner or card scheme association that authorizes or settles any dispute between card payment systems and Customers or any other relevant authority governing the Transactions hereunder in the Approved Jurisdiction.
“Services” shall mean the online payment gateway service and technology as a service, services provided by PayGlocal to enable the Entity to accept the Settlement Amount.
“Settlement Amount” shall mean the Transaction Amount after deduction of the charges, penalties, levies, refunds, chargeback, fees (if applicable) or any other adjustments from time to time in relation to each Transaction, which shall be settled in the Entity Bank Account from Export Collection Account.
“Transaction” shall mean the purchase of Product by the Customer/Remitter and the settlement of the Settlement Amount to the Entity in the Entity Bank Account.
“Transaction Amount” shall mean the amount or payment received from the Customer/Remitter under the instructions of the Entity by PayGlocal in connection with the Transaction.
“Website” shall mean the website and/or the mobile application established by the Entity for the purposes of enabling its Customers/Remitters to purchase the Products.
PAYMENT, FEES, AND TAXES
You agree to pay all Service fees, charges, reasonable expenses, and other fees applicable to your use of the Services as may be informed to you by PayGlocal from time to time, in the manner as stated in the Agreement.
In the event of gross settlements, you shall pay the fees or charges within 15 (fifteen) days from the date of receipt of the invoice. If you fail to pay the fees or charges on or before the date specified by PayGlocal, you shall be liable to pay interest at a rate of 12% (twelve percent) per annum.
In the event of net settlement the Settlement Amount shall be subject ton requisite deductions including but not limited to PayGlocal fees, charges, and taxes from the Transaction Amount for each Transaction.
OBLIGATIONS OF THE ENTITY
You agree that PayGlocal shall solely rely on your instructions, in accordance with the provisions hereof without any obligation or duty to inquire into the genuineness or correctness of such instructions and all such communications shall be binding on you.
You shall use the Services solely for legitimate business and commercial purposes.
You shall submit within 2 (two) Business Days upon request all Transaction related documents including but not limited to invoice, shipping details, delivery details, business terms and contract with Customer / Remitter as maybe requested by us from time to time. Provided that in the event of delay in submission of such documents due to any reason, settlement and return of the funds to the source shall be withheld at your cost and/or may lead to termination of the Agreement. It is hereby clarified that any cost, direct or indirect, incurred for reversal of funds due to any reason whatsoever shall be borne by the Entity.
You shall be responsible,at your own cost,for the procurement of all equipment,software,systems, facilities necessary for the purpose of availing the Services.
You shall submit periodic security assessment reports to us, based on our risk assessment and as required and requested by us from you.
You shall be responsible for independent verification and validation of your Customers/Remitters, if required, without any liability on us.
You shall not store any Customer data, in any manner whatsoever, except for the limited purpose of execution of the Transactions in compliance with Applicable Law.
You shall, upon our request, execute and deliver or permit the execution and delivery of any and all such instruments and documents as we may consider necessary in order to ensure compliance to the Applicable Law and/or to the extent that they are not in conflict with the terms set out herein.
.You further acknowledge, agree, and authorize us to disclose Transaction data with third party such as issuer, acquiring banks, banks, and such other Relevant Authority, as may be required, by such third party for purposes of providing Services, reconciliation, enforcement, verification, investigation, fraud, risk assessment, etc. You represent that, you have the requisite power and authorization to provide us with the Transaction data and other details and You shall be responsible for informing and obtaining such consents, as may be required, for the purpose of performing your obligations under this Agreement.
You shall not accept any payments in connection with or engage in businesses, business activities or business practices, including but limited to:
Arms, Ammunition, Military, Weapons and Knives
Fireworks, explosives, or pyrotechnic devices or supplies.
Hazardous materials, combustibles, corrosives.
Alcohol / Liquor / tobacco products.
Banned / illegal drugs or other controlled substances.
Drugs and drug paraphernalia, which include illegal drugs and drug accessories, including herbal drugs, like salvia and magic mushrooms.
Drug test circumvention aids.
Any third-party processing.
Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
Child pornography, which includes pornographic materials involving minors.
Copyright unlocking devices, which includes Mod chips, or other devices designed to circumvent copyright protection.
Counterfeit and unauthorized goods which includes replicas or imitations of designer goods.
Body parts, which includes organs, or other body parts.
Endangered species, which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
Bootleg / Pirated Recordings.
Brand Name misuse.
Copyrights and Trademarks.
Website access and / or website memberships of pornography or illegal sites.
Bulk marketing tools.
Multi-Level Marketing collection fees.
Matrix sites or sites using a matrix scheme approach.
Web site promotion or Search engine registration fees.
Gambling Transactions which include lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content
Illegal goods, which includes materials, products, or information promoting illegal goods or enabling illegal acts.
Wholesale currency, which includes discounted currencies or currencies, exchanges.
Any product or service which is in violation of the Applicable Law.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant, unless otherwise set forth below, that:
you have requisite licenses, registrations, approvals, and permits to conduct your business in full force and is in compliance with the Applicable Laws; and
you are in compliance with the security standards, including but not limited to, Payment Card Industry Data Security Standard (PCI-DSS) and Payment Application Data Security Standard (PA- DSS), as may be applicable.
Technology Service Provider (TSP) Solutions
We provide technology as a service (TSP) which helps you process and manage payments from your Customers. Our Services include the following:
processing of transactions in various currencies.
processing of transactions made through various payment methods (cards, bank transfers, etc.).
instructions for one time or recurring payments.
payment experience UI for end consumer payments.
smart routing to multiple payment aggregators or processors.
transaction risk management.
transaction management; and
transaction data analytics.
You agree that PayGlocal’s role will be strictly limited to Services related to TSP and will not be that of a payment service provider.
You shall be responsible for the necessary implementation of/or integration of PayGlocal Software Application for using the Services related to TSP.
You shall carry out testing and integration of the PayGlocal Software Application in accordance with PayGlocal’s instructions prior to the Service related to TSP being deployed.
You shall ensure that you have made the necessary agreements with payment processors/ aggregators, connection to and prior to the use of the Services related to TSP. For clarity, this Service shall not be provided unless such agreement is executed with payment aggregators/payment processors.
You acknowledge that PayGlocal is entitled to interrupt the use of the Service related to TSP if necessary due to maintenance, security breach, repair or development of the Service upon providing written intimation to you.
You hereby consent PayGlocal to use or process any type of data shared by you for the provision of this Service.
You acknowledge that PayGlocal may, at any time and in its sole discretion, conduct due diligence exercise including but not limited to verification of KYC, address and/or bank account details.
We shall have the right to charge additional fees for the Services.
You hereby acknowledge that if there is a change of control, organizational structure, or the shareholding pattern resulting in the change of beneficial owner or ultimate beneficial owner, You shall notify PayGlocal immediately at [[email protected]]. Failing which, PayGlocal reserves the right to suspend Services and/or immediately without any prior notice.
You shall for your omission/commission indemnify and hold PayGlocal, its directors, managers, officers, employees and agents harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of disputes or claims raised by any payment gateway/ payment aggregator in relation to the Services stated in clause VI (1).
The international payment services are provided by PayGlocal as a technology platform for processing payments to the Entity, in arrangement with an AD Category-1 Bank and enable the Entity to receive/accept Transaction Amount/export payments from Remitters located in any Approved Jurisdictions.
The Settlement Amount shall be settled from Export Collection Account to the Entity Bank Account within the timeline agreed with you in partnership with the AD Category-1 Bank from time to time upon receipt of the Transaction Amount in the NOSTRO Account or the Foreign Collection Account.
The Settlement Amount settled to the Entity Bank Account shall be made in Indian Rupees (INR). Where a foreign currency conversion is required for a settlement, the same shall be settled by applying the applicable exchange rate as of the date of the conversion.
In the event any refund request is received, you shall resolve it as per your refund policy. Nothing hereunder shall cause or make us responsible for or liable towards such request and you shall keep us indemnified and harmless from all or any liability arising there from.
The following amounts/charges, but not limited to, shall be deducted from the Settlement Amount:
Any excess or erroneous payment made by PayGlocal to the Entity.
Fees, commission and/or charges payable to PayGlocal; and
Any other dues from or payable by the Entity to PayGlocal, including without limitation any Chargebacks, if any.
Foreign Funds Collection Service: PayGlocal provides foreign funds collection services in the event the Transaction Amount is received in the Foreign Collection Account, wherein, PayGlocal shall facilitate the settlement of the Settlement Amount from the Export Collection Account to the Entity Bank Account, subject to receipt of funds in the Foreign Collection Account and necessary documents. Here, the Entity shall be responsible to share the details of the Foreign Collection Account with the Remitters.
Each party shall keep confidential all the Confidential Information received by the other party.
Confidential Information will not include information that the receiving party can demonstrate: (i) is now or thereafter becomes generally known or available to the public, through no act or omission on the part of the receiving party; (ii) was known by the receiving party prior to receiving such information from the disclosing party and without restriction as to use or disclosure; (iii) is rightfully acquired by the receiving party from a third party who has the right to disclose it under the circumstances and who provides it without restriction as to use or disclosure; (iv) is independently developed by the receiving party without access to any Confidential Information of the disclosing party or (v) is required to be disclosed by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body or by any applicable law or regulation provided that to the extent permitted by laws or regulations, the receiving party uses reasonable efforts to give the disclosing party reasonable advance notice of such required disclosure.
You shall not, directly, or indirectly disassemble, reverse engineer or otherwise attempt to derive or discern the source code or internal workings of PayGlocal. You may not: (i) reproduce any part(s) of PayGlocal Software Application in any form; (ii) create any derivative work based thereon; or (iii) incorporate the Platform into other websites, electronic retrieval systems, publications or otherwise.
Nothing herein grants you the right and you shall not use or display any intellectual property including but service marks, logos, and trademarks of PayGlocal or any Global Payment Method provider without written consent of PayGlocal or the relevant alternate payment method provider.
TERM AND TERMINATION
This Term of Use shall be co-terminus and co-existent with the Agreement.
The termination of the Services provided herein shall be in accordance with the Merchant Agreement as executed between you and PayGlocal. In addition to which, PayGlocal reserves the right to terminate its Services for any violations of its policies and/or Applicable Law which at the option of PayGlocal may be with immediate effect or by providing 7 (seven) days' written notice to the Entity for terminating its Services.
We shall not be liable for any loss, damages and/or expenses incurred by you in respect of any loss of access and/or use or interruption in the use of the PayGlocal Software Application system including but not limited to interruptions due to maintenance services, etc.
PAYGLOCAL DISCLAIMS ALL WARRANTIES REGARDING SERVICES UNLESS EXPRESSLY AGREED IN WRITING HEREUNDER. PAYGLOCAL SHALL ENDEAVOR TO MAINTAIN ITS SERVICES/SOFTWARE/PLATFORM AND ITS SECURITY CERTIFICATION ON A BEST-EFFORT BASIS; HOWEVER, PAYGLOCAL DOES NOT WARRANT THAT THE SERVICES WILL BE FREE FROM ERROR, MALICIOUS CODE OR ANY VIRUS OR PROVIDED IN AN UNINTERRUPTED MANNER. THE PLATFORM IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE PLATFORM. NEITHER WE NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT ANY ENTITY DATA, CUSTOMER/REMITTER DATA, OR YOUR PERSONALIZATION SETTINGS.
You shall indemnify and hold harmless PayGlocal and its directors, officers, employees, agents and its affiliates against all claims, damages, losses, costs, and expenses (including attorney's fees) which PayGlocal may suffer or incur, directly arising from or in connection with (a) commission/ omission of an act by you under the Applicable Laws; or (b) any act, error, fraud, neglect or default of the Customer/Remitter or your vendor or agent, employee, sub-contractor, licensees or any other person against PayGlocal; or (c) infringement of any third-party rights by your Product; or (d) non-compliance of applicable APM specific terms.
You acknowledge and agree that the exclusion in this Clause is reasonable having regard to all relevant factors, including the nature and cost of the Services provided and the allocation of risk and liability upon you.
Except for the obligation to pay for Services delivered, non-performance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, other natural disasters, governmental acts, acts of terror or orders or restrictions, failure of suppliers, market disturbance, or act of God, epidemic, pandemic (including the Covid-19 pandemic), quarantine, civil commotion or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing Party (“Force Majeure Event”).The affected Party shall promptly notify the non-affected Party of the nature and extent of the circumstances giving rise to the Force Majeure Event.
For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.
GOVERNING LAW AND JURISDICTION
You acknowledge and agree that all Transactions, wherever originated, may be processed by PayGlocal or may be processed on behalf of PayGlocal by one or more of the service providers. All Transactions, wherever originated, shall be processed in accordance with the laws and regulations of the jurisdiction where the Transaction is being processed, including but not limited to, those laws relating to anti-money laundering, anti-terrorism, and foreign asset control. PayGlocal does not make any representation or statement, or endorsement of the quality, safety or legality of any services provided by any service provider and shall not be liable to you for any delays or losses incurred as a consequence of PayGlocal making such enquiries as they deem necessary in order to discharge their legal and regulatory responsibilities.
In the event that any part of this Term of Use hal be held by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the remainder of these Term of Use shall remain in full force and effect to the maximum extent possible.
We have appointed a Grievance Officer to address any concerns or grievances against the Platform. In the event you have any such grievances, please contact our Grievance Officer at: