This is the official website of www.expresspays.com that expresspay may specify from time to time, expresspay is owned and operated by expresspay. The access to and use of this website is subject to the following terms and conditions of use ("Terms"). Please read the terms very carefully as they shall apply to all users of this website. A user may opt for services through this website only if he/she accepts and abides by all of the terms. Expresspay may periodically change these terms without notice.
For the purpose of these terms, the following words and phrases shall have the meaning assigned to them under this article. "Services" means the service provided by expresspay and service providers to users, whereby a user can (i) receive payments from their customers or other payers; or (ii) make payment to suppliers, beneficiaries or other payees, by (a) IMPS/NEFT/RTGS; or (b) credit/debit card; or (c) net banking; or (d) any other mode of payment through banks, that may be accepted by expresspay from time to time in these terms.
Shall mean any person who is boarded on the expresspay platform for using this website and/or who transacts or avails of the services through this website, to make or to receive payments to or from third parties. The term "user" shall also cover such personnel of any user who is authorized to avail of the services on behalf of the user.
Means such bank account maintained by expresspay as required by the RBI guidelines.
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).
Means any services or products which are purchased/offered for sale by a user to third parties from time to time, using these services. 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 whose facilities or services are utilized in the provision of these services.
Means a payment instruction that results in the successful transfer of monies (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 taxes, charges, interest, delivery costs, commissions, etc.
The website and services are intended solely for persons who can form legally binding contracts under Indian law and who are 18 years of age or older. Any access to or use of the website or services by anyone under 18 is expressly prohibited. By using the website or services user represents and warrants that he is 18 or older and is competent to contract. The user also agrees that his payer/payee is similarly competent to the contract.
A user represents and warrants that he has full power and authority for using the services and is in strict compliance with all laws.
These terms and conditions as accepted by the user shall be read along with and in addition to any terms and conditions in force from time to time and issued by any service provider. They will also be read in conjunction with the privacy policy.
A user may use the services and this website only if he/she accepts and abides by all of the following terms and conditions.
The services may be used by the user for making and receiving payments from/to third parties.
To enable the user to use the services, a link with login credentials will be communicated to the user on his mobile phone or 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 changes entered into the mobile/email account using such login credentials.
Expresspay has no obligation to verify the authenticity of the transaction other than by means of verification of the user’s basic KYC information. The user shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the information. Expresspay 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 expresspay accepts all instructions originating from his account in good faith and in a manner consistent with commercially reasonable security standards. User shall indemnify and hold expresspay harmless for direct or indirect losses sustained as a result of the disclosure of sensitive information by or through the user.
On receiving the necessary details from the service provider, expresspay shall initiate the required payment to payee/user/as instructed by user/payer.
Confirmation of the transaction performed using valid login credentials shall be conclusive evidence of a transaction being effected. The user is responsible to furnish expresspay with correct and current payee information. In the event that the payment is in respect of a purchase of products by the user/payee, expresspay shall not be required to ensure that the purchased products have been duly delivered. In the event a user chooses to complain about a transaction, the same should be communicated to expresspay within 10 (Ten) days of the transaction.
Each user shall be responsible to (i) furnish correct and accurate information of the payer/payee as may be required, on an independent basis; (ii) furnish to expresspay 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.
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 expresspay to be subject to investigation, prosecution or legal action.
The user undertakes and assures expresspay that payments shall not be made/received in respect of any products mentioned in the banned items list set out in annexure a hereto.
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.
User shall take all precautions as may be feasible or as may be directed by expresspay to ensure that there is no breach of security and that the integrity of the link between their systems/site, the website 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 expresspay and the service providers from any loss as may be caused in this regard.
User shall bear and be responsible for the payment of all relevant taxes, surcharge, levies (including any applicable withholding taxes) as may be due.
A user shall not at any time require any other user 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.
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 consent of such payee/payer.
User shall not interfere with or damage the website, 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;
Expresspay has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Expresspay will not be responsible for any disputes between the users and the payers/payees, including issues regarding prices, delivery, non-delivery or delay in delivery of the products, quality of products or otherwise. All such disputes will be dealt with by and between the user and the payer/payee directly, and expresspay shall not be a party to such disputes.
Expresspay cannot and does not guarantee the timings of any payments made or received as such timing is dependent upon the user’s bank, card issuing bank/card processor (where a credit/debit card is used), acquiring financial institution and other service providers. Expresspay assumes no liability and shall not be held responsible for any delays in delivery of payment or availability of funds when using the services.
Expresspay shall not be a party to the agreement between the user and any payer/payee in any manner whatsoever. All contracts are directly between users and their payers/payees.
User shall be responsible for any miscommunication or incorrect user/third-party/other information that may be provided to expresspay at the time of enabling the services for the user.
Expresspay/service provider reserve the right to impose limits on the number of transactions that may be charged on an individual credit card or other accounts during any time period, and reserve the right to refuse to make payments in respect of transactions exceeding such limit. Expresspay/service provider also reserves the right to refuse to make payments in respect of transactions by users with a prior history of questionable charges.
Subject to the provisions stated herein and as specified by expresspay from time to time, the user will not hold expresspay liable in case of any improper/fraudulent/unauthorized/duplicate/erroneous use of his mobile and/or web-based access. Expresspay will also not be liable for any consequences connected with the use/misuse of the user’s mobile/email account by any third party. If any third parties gain access to the services, the user will be responsible and shall indemnify
Expresspay 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.
The user shall be fully liable for: (a) any unauthorised use of his mobile/email account; and/or (b) all authorised transactions on his mobile/email account.
Without prejudice to the remedies available to expresspay and these terms, expresspay shall be under no liability whatsoever to the user in respect of any loss or damage arising directly or indirectly out of:
User shall keep expresspay indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses), fines, penalties or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against expresspay 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 sold; (ii) a breach, non-performance, 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 the performance of their obligations under these terms.
The user shall comply with all such terms and conditions as expresspay or any service provider may prescribe from time to time with regard to the services. All transactions effected by or through this website shall constitute legally binding and valid transactions when done in adherence to and in compliance with the terms and conditions prescribed by expresspay or seller/service provider.
User agrees not to disclose or attempt to use or personally benefit from any non-public information that he may learn on the website 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 you are 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, you agree to promptly and diligently notify expresspay and cooperate fully with expresspay in protecting such information to the extent possible under applicable law.
Expresspay may access, preserve and disclose any of your information if required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against expresspay 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 expresspay, its users or members of the public.
The website content and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to expresspay, subject to copyright and other intellectual property rights under the law and international conventions. Such website content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of expresspay.