Terms & Conditions

These Terms of Use ("or Agreement") set forth legally binding terms and conditions and nature of the services that governs the use of the services offered by AS mobile application hereinafter, referred to as (“AS”, “we”, “our”, “us”). AS application, a product of AS Technolutions Private Limited (“ASTPL”), is a mobile application that allows you (“Merchants”) to accept money payments through a payment gateway service (“Service”). AS Technolutions Pvt. Ltd., a company incorporated under the Companies Act, 2013 and has its registered office at A 605 KHD Society Sector 55, Gurgaon, Haryana- 122003.

We recommend that before using any of the services on AS, you must read and agree to these Terms and Conditions.

These terms will be binding on you at all times and form a legal contract between AS & you (“Merchant”, “Individual”, “you”). In case you are accepting these terms on behalf of a company or entity, it indicates that you have been authorized to do so and that you are binding the respective company or entity to terms set below. You, either in your own capacity or on behalf of a company or entity, take complete responsibility for complying with all rules, laws and legislations applicable to your jurisdiction with respect to your business or trade and your use of AS. These terms may be revised over time.

About the Product

AS application, a product of AS Technolutions Private Limited (“ASTPL”), is a mobile application that allows you (“Merchants”) to accept payments in form of debit/credit cards, UPI & other options from your customers. The application can be used after successfully completing the sign up process and providing necessary details for validation. AS application is not a Payment Gateway, Bank or Non-Banking Financial Company (NBFC). All transactions are between you and your customers and AS is only acting as a subsidiary facilitating these transactions. As a user of AS, you are solely responsible for the authenticity of information entered and documents uploaded for sign up. At all times you are required to keep your application password secure and any action taken using your account bears your liability.

Definitions

“Payment Gateway(s)” for Agreement purpose shall mean any entity(ies) which acts as an intermediary/facilitator between AS Technolutions and the respective Acquiring Bank by transmitting key information by means of a software application for enabling the merchants to accept payment from its customers for transactions carried through the payment mechanism using Acquiring Bank’s Services.

“Acquirer Banks”, for Agreement purpose, shall mean banks or financial institutions which acts as an intermediary between issuing bank & payment gateway within the card association.

ASTPL’s customer support will be governed by our as on date customer support policy & protocol. The AS mobile application may be upgraded from time to time to provide better features and ease of use to its users. All upgrades to AS application will be governed by these terms, unless specified otherwise. Certain upgrades may require you to re-download the AS application. While, ASTPL would appreciate any feedback and inputs from you to improvise the application, ASTPL is under no liability to incorporate the suggested changes or reward/ acknowledge/ compensate you for suggestions in cash or kind.

By accepting these terms, you acknowledge that you understand all features, functioning, risks and liabilities associated with the AS application.

1) Ownership & Licensing

By accepting these terms you are thereby allowed a restricted, non-transferable right to use AS for accepting payments. Accepting to terms does not give you the right to sub-license AS for any means and purposes. You will not, or allow anyone else to, a) sub-license, rent, reproduce, modify, recreate AS; b) use AS for benefit of third party or incorporate the product/ its functionality elsewhere; c) harm/ damage the software to submit viruses, spam, corrupt or misuse the product for any purpose whatsoever. You may use AS within the terms mentioned in this document, complying to all rules, laws & regulations applicable to your business. ASTPL reserves all rights to AS, over and above those mentioned in the terms, and can revoke your access to AS at any point without any liability. ASTPL owns the right to all products, technologies, documents (including Intellectual Property Rights) of AS application. AS application can only be used within India.

2) Privacy Policy and Contractual Obligations

ASTPL gives high importance to the privacy of AS users (you and your customers). For the purpose of enabling transactions, we may request the following information from you:

• Personally identifiable details such as name, phone number, email ID, address, PAN number, Aadhaar number, etc.
• Bank information such as bank name, account number, etc.
• Business or company information such as TIN, Company TAN, Registered address, etc.
• Any other business information that you upload/ share such as website, images, social media account links, etc.
• Information shared by you while interacting with our customer support team via email, phone call, or any other medium.
• Any other information required for verification of your account and services.

The above information is primarily collected for the purpose of authenticating your account and enabling transactions through AS mobile application. We may also use this information to gain customer insights (about you and your customers) and customize the application thereby to improve the quality of our services. This information may also be used to send targeted marketing, promotions and other updates to you.

ASTPL may share your information with third parties working with ASTPL. This information may be shared for:

• Ensuring safety of the application and prevention of fraud
• Maintenance of the application
• Promotional events, advertising
• Any other purpose as deemed necessary

All third parties are bound by contractual obligation to protect your information and under no circumstances sell the information.

AS application does not store/ save any unique information about your customer such as name, card number, expiry, CVV, age, gender, etc. The card details are encrypted and transmitted to Payment Gateway using the Secure Sockets Layer (SSL) software. The entire process is PCI-DSS compliant and ensures secured ecosystem. When your customer specifically and knowingly provides information like phone number, email ID and name to have an invoice through AS application, ASTPL will confirm the card holder about the transaction through an SMS with merchants name and transaction amount. Like any business interested in offering the highest quality of service to clients, ASTPL may, from time to time, send email and other communications to the you & even your customer, friends, family etc. to tell them about the various services, important information, schemes, offers, product features, functionality and content offered by/in AS mobile application or seek voluntary information from you.

ASTPL uses cookies to identify and understand customer preferences and customize the application, as need be. We may also track your domain name, IP address, operating system being used, Internet Service Provider to identify your location.

ASTPL shall not publicly share any information related to your transactions on any public forum/ social media.

However, under the following circumstances, ASTPL may release specific personal information:

2.1) in order to comply with any valid legal process such as search warrant, statute or court order

2.2) if any of your actions violate the terms calling for investigation or action

2.3) to protect or defend ASTPL’s legal rights or property, mobile application, website, users or customers

2.3) to investigate, mitigate or take action against any illegal activities/ services, suspected fraud, situations involving potential threat to security or integrity of ASTPL

As a user, you may also receive information from ASTPL or Payment Service Provider and/ or other users. You agree to keep any such information confidential, not disclose it to any third party and not misinterpret/ misuse it for any purpose whatsoever.

3) Security

AS has been built & secured with necessary measures to secure your personal & financial information from any loss, theft, misuse or unauthorized access. AS is PCI-DSS compliant and adheres high security standard.

However, ASTPL does not guarantee breach of security measures by any third party for illegal purposes. You acknowledge to use AS and share information at your own risk.

4) General terms & conditions for Merchants

4.1) You have to sign up/register and accept the terms & conditions in the AS mobile application either yourself or by seeking assistance from the sales representative of ASTPL to avail the services (in case of any clarification required). Certain documentation such as PAN number, TIN number, bank details, etc. may be required at the time of registration basis your business type. Payment can only be accepted subject to validation of all details and documentation submitted by you. It is your sole responsibility to provide accurate information, failing which you might face legal action

4.2) As a user, you cannot use AS application for accepting payments for transactions not related to the sale of goods & services of your business.

4.3) ASTPL's rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these terms shall be in derogation of ASTPL's right to comply with any law enforcement agencies request or requirements relating to any user’s use of the mobile application or information provided to or gathered by ASTPL with respect to such use. Each user accepts and agrees that the provision of details of his/ her use of the Mobile application to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Mobile application shall be at the absolute discretion of ASTPL.

4.4) Any purchase or payment is solely between you and your customer. ASTPL has no role or concern with the quality of goods and services being provided by you to your customers. Any issues or complaints with respect to, but not limited to, quality, pricing, warranty, exchange, etc. is a matter to be settled between you and your customer. ASTPL is not responsible for the goods and services that customers purchase using AS application. You, as the provider of goods and services, is responsible for customer service, order fulfillment, delivery, returns, refunds, warranty, etc.

4.5) ASTPL has no influence/ discretion on use of payment mode by your customer. It is your responsibility to notify the customer of all features and risks associated with using any given payment method, including AS application.

4.6) You shall ensure that you protect any information of the cardholder and take prior consent before disclosing any information.

4.7) You take complete responsibility for paying all applicable taxes, dues, surcharges, etc. as required in your business.

4.8) In case of any legal action or otherwise, you agree to provide necessary assistance to ASTPL, Payment Service Provider or Acquirer Bank. Any cost of legal enquiry to represent your case will be borne by you. You may not engage in any activities that can harm the brand and reputation of ASTPL, Payment Service Provider or Acquirer Bank.

4.9) These terms constitute the agreement between you and ASTPL. These terms supersede all other communications and proposals, whether electronic, oral, or written, between you and ASTPL. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

4.10) The entries in the books of ASTPL and/or the Payment Service Provider kept in the ordinary course of business of ASTPL and/or the Payment Service Provider with regard to transactions covered under these terms and matters therein appearing shall be binding on you and shall be conclusive proof of the genuineness and accuracy of the transaction.

5) Refund, Charge back and Cancelled Transactions

5.1) In the event there is any claim for refund/ cancellation or charge back by your customer for any reason whatsoever, such claims shall be entertained, addressed or taken care by you (“Merchant”) if raised. The claim of refund/ cancellation/ charge back (if any) is an understanding between you and your customer in events such as, but not limited to, extra charge than the invoice, amount charged twice or more, product quality issues, delivery concerns, any dispute between you and your customer, customer satisfaction, etc. ASTPL shall not be responsible for any transaction dispute between you and your customer at any given situation whatsoever. No claims for refund or charge backs shall be made by customer of AS user (merchant) to ASTPL and in the event such claim is made it shall not be entertained. Under no circumstances, you or your customer can hold ASTPL responsible or liable to compensate in any form.

5.2) In case of any valid refund request is raised by your customer to you within 3 hours of transaction, which you agree or liable to refund, you (“Merchant”) can put the return request either through application or can call AS call center. In case of any valid refund beyond 3 hours of transaction, which you agree or liable to refund then you must use other means to pay back to the customer like cash, credit note, IMPS, UPI, etc.

5.3) While ASTPL takes no responsibility of any fraudulent transactions, you are liable to contact ASTPL on account of misuse of card/ bank details by a fraudulent individual/ party and such issues shall be suitably addressed by ASTPL alone in line with their policies and rules.

5.4) In case the AS application or Payment Service Provider’s webpage, that is linked to AS application, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, you are required to check with your customer before initiating the payment again, whether any transaction has been debited from your customer’s bank account or not.

• 5.4.1) In case the AS dashboard confirms that transaction is “under progress”, ensure that you do not take the payment twice from your customer and immediately thereafter contact ASTPL via e-mail or any other mode of contact as provided by ASTPL to confirm receipt.
• 5.4.2) In case the AS dashboard confirms that transaction is “unsuccessful”, you may initiate a fresh transaction to receive payment.

You agree that under no circumstances ASTPL or the Payment Gateway Service Provider shall be held responsible for such fraudulent/ duplicate transactions and hence no claims should be raised to ASTPL or Payment Gateway Service Provider. ASTPL assumes no responsibility for overcharging, delayed payments, expired/ fake/ stolen cards, insufficient funds or any other service interruptions.

6) Limitation of Liability

6.1) ASTPL has made this service available to you as a matter of convenience, experience, quick on boarding of customers, digitization & cost effectiveness. ASTPL disclaims any claim or liability, civil or criminal, arising out of the provision of this service. You agree and acknowledge that you shall be solely responsible for your conduct and that ASTPL reserves the right to terminate the rights to use of the service immediately without giving any prior notice thereof, for any or no reason as deemed fit by ASTPL, Payment Service Provider or Acquirer Bank.

6.2) ASTPL and/or the Payment Service Provider shall not be liable for any inaccuracy, error, delay, or omission of a) any data, information or message, or b) the transmission or delivery of any such data, information or message; or c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the ASTPL and/or the Payment Service Provider, its employees, directors, and its third party agents involved in processing, delivering or managing the services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.

6.3) ASTPL and the Payment Service Provider assume no liability whatsoever for any monetary or other damage suffered by you on account of:

• 6.3.1) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto
• 6.3.2) any interruption or errors in the operation of the Payment Gateway

6.4) You shall indemnify and hold harmless ASTPL and Payment Service Provider and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.

6.5) You agree that ASTPL or any of its employees will not be held liable by you for any loss or damages arising from your use of, or reliance upon the information contained on the AS Mobile application, or any failure to comply with these terms where such failure is due to circumstance beyond ASTPL’s reasonable control.

6.6) You shall be responsible for protecting your customer’s card or any other personal data from leak, misuse or hacking. You will be bear all liabilities in case of breach of this clause.

6.7) At any point in time, you may choose to terminate your services of AS application by deleting your account. In such circumstances, any pending transaction will be cancelled. Your funds that may be due with ASTPL from a historical transaction will be debited to your account as per the payout schedule after due authentication and verification. In case of a disputed transaction, the funds might be withheld and will be paid after settlement of the dispute and if you are deemed to be entitled to those funds.

7) Miscellaneous Conditions

7.1) You agree, understand and confirm that personal data including without limitation, details relating to bank details in your case & debit card/ credit card details in case of card holder, transmitted over the internet may be susceptible to misuse, hacking, theft and/ or fraud/ illegal activity and that ASTPL or the Payment Service Provider have no control over such matters.

7.2) Although all reasonable care has been taken towards guarding against unauthorized use of any information related to card holder transmitted by you, ASTPL does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.

7.3) ASTPL, the Payment Service Provider and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the mobile application.

7.4) You shall be required to create your own User ID, Password & Account pin in order to register/sign up and/ or use the services provided by ASTPL on the mobile application. By accepting these terms you agree that your User ID, Password & Account pin are very important pieces of information and it shall be your own responsibility to keep them secure and confidential. You agree to:

• 7.4.1) Choose a new password, whenever required for security reasons
• 7.4.2) Keep your User ID, Password & Account pin strictly confidential.
• 7.4.3) Be responsible for any transactions made by you under such User ID, Password & Account pin
• 7.4.4) Be responsible for any change in bank details in AS mobile application under the Account pin

7.5) You are hereby informed that ASTPL will never ask you for your password or Account pin through any unsolicited phone call or email. At the same time, you need to be informed and it is your duty to further communicate the card holder i.e., your customer that ASTPL never saves any card related data in the application. You must not manually maintain/ store any card details of the card holder at any point of time, whatsoever. AS application enables you to accept cards by scanning the card or manually entering the details in the AS application and receive the dues, payment, etc. from the card holder by putting the correct OTP given by the card holder.

7.6) You are hereby required to sign out of your account on the mobile application once the transaction has been completed. In case the application is not in use, it will go into sleep mode and you will be asked for Account pin to use the application again. This is to ensure that others cannot access the application with your personal information, bank details, sales figures, POS details, etc.

7.7) ASTPL may impose transaction capping/ limits to prevent any fraud. You agree to adhere to the transaction limits and not by any means try to manipulate with this clause.

8) Debit/ Credit Card and Bank Details

8.1) AS application allows credit and debit card payments from all cards authorized by the Cards Association of India.

8.2) You agree that you shall accept debit/credit card from your customers against the dues, bill, liability, etc. as per the aforesaid terms. You shall not accept a debit/ credit card, that is not lawfully owned by your customer or the use of which is not authorized by the lawful owner thereof. You further undertake to cross check the card details with the owner before initiating the transaction to avoid failed transactions & repetition. You also confirm that you are not using the application for any illegal activity and are into legitimate business. In case of audit & random checks, if you are found to be performing any illegal activity or illegitimate business, a strict legal action shall be taken against you without any intimation. You also confirm to pay the fine levied by ASTPL or the payment service provider in such circumstances. Illegal activities and businesses include, but not limited to, the following:

• 8.2.1) Buying/ selling of arms and ammunitions
• 8.2.2) Buying/ selling of drugs/ illegal substances
• 8.2.3) Prostitution, human trafficking, pornography
• 8.2.4) Gambling

ASTPL at any point in time can request for additional documentation such as invoices, details of goods & service sold, etc. to a) validate the legal constitution and operations of your business; b)verify that you are operating in the best interests of your customers; c) investigate any instances of fraud may/ may not through using AS application, etc. ASTPL has the right to terminate your access to AS application in case of any default in providing the necessary data or inaccuracy of data.

8.3) ASTPL, Payment Service Provider, or Acquirer Bank may deny providing services to you in violation of any terms, rules, laws or regulations.

8.4) You agree and confirm to receive funds in your bank account that is linked to the AS mobile application

• 8.4.1) When you add the bank details in the sign up/registration process, you must lawfully own that bank account(s)
• 8.4.2) You must share accurate personal & bank details and fill Know Your Customer (KYC)
• 8.4.3) You confirm to add correct bank details and in case of any mismatch, must not hold ASTPL responsible for any claim whatsoever

8.5) You must not keep the customers card with you after the completion of the transaction. After scanning the card or manually entering the card details using AS application, the card must be given back to the card holder.

8.6) You must not force the cardholder to disclose the CVV & should allow them to put the CVV themselves in the application.

8.7) All transactions through AS will be governed as per the pricing policy.

8.8) You are liable to disclose taxes incurred, due, paid, or withheld for specific reasons with respect to the transactions through the use of AS application to the appropriate tax authority. ASTPL bears no responsibility for the taxes due at your end, accuracy

8.9) As a proof of transaction, you are required to keep a physical or digital receipt of all your transactions. At any given point, ASTPL, Payment Service Provider, Acquirer Bank, any government authority or a third party authorized on behalf of any of these bodies may request you to share these receipts for audits, investigation, etc.

9) Personal Information

9.1) You agree that, to the extent required or permitted by law, ASTPL and/ or the Payment Service Provider may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.

9.2) You agree that any communication sent by you via e-mail, shall imply release of information therein/ therewith to ASTPL. You agree to be contacted via e-mail on such mails initiated by you.

9.3) In addition to the information already in the possession of ASTPL and/ or the Payment Service Provider, ASTPL may have collected similar information from you in the past. By entering the Mobile application you consent to the terms of ASTPL’s information privacy policy and to ASTPL’s continued use of previously collected information. By submitting your personal information to ASTPL, you will be treated as having given your permission for the processing of your personal data as set out herein.

9.4) You acknowledge and agree that your information will be managed in accordance with the laws for the time in force.

10) Fees and payments

10.1) You agree to adhere to the pricing policy and are in consent of the fee being deducted at the time of transactions

10.2) The pricing model may be revised from time to time. You would be informed of any such changes and be required to agree to the revised model to continue using AS application.

10.3) All transactions, including fees charged by ASTPL, will be in Indian Rupees.

10.4) Transaction amount will be deposited to your registered bank account only once the transaction is complete and authorized. Payment to your bank account will be done by transaction+1days or less. There may be delays due to issues and circumstances beyond ASTPL’s control and ASTPL bears no liability for the same.

10.5) You are responsible to track the timeliness and accuracy of funds deposited to your registered bank account. Discrepancy or error, if any, must be notified to ASTPL within 30 days of transaction date. ASTPL will not be liable to resolve or settle any discrepancy/ error for notifications raised after 30 days of transaction date. Notifications may warrant a detailed enquiry by ASTPL, Payment Service Provider or Acquirer Banks to ascertain if a) any fraud or violation of agreement, rules, law & regulation has taken place either intentional or as an oversight by the Merchant or through a third party; b) any fraud or violation of agreement, rules, law & regulation has taken place either intentional or as an oversight by the customer; c) any other reasons

10.6) In the best interest of all parties involved, ASTPL will attempt to rectify any processing related errors. In case you have received less amount due to processing error, ASTPL will credit the remaining balance to your registered bank account after due investigation. In case you have been processed more amount than due, ASTPL will debit the extra amount from your registered bank account. However any such correction where you have processed incorrectly will be done basis your notification of such error to us within 30 days. ASTPL will not be liable to resolve or settle any discrepancy/ error for notifications raised after 30 days of transaction date.

11) Modification

AS reserves the right to change, modify, adjust, vary, amend or alter all or any of its Terms of Use at any time and at its sole discretion. All such changes, modifications, adjustments, amendments and alterations shall be duly notified by AS however, it is the responsibility of the User to keep himself/herself updated regarding such modifications. AS shall in no case be held liable in respect of such modifications. The User agrees to abide by all applicable guidelines, policies, rules, terms and conditions for availing the Services of AS, which may change from time to time.

12) Intellectual Properties

12.1) All programs, services, processes, designs, software, technologies, trademark, trade names, inventions and materials comprising AS, and all Services offered by the Service Provider on AS are wholly owned by the Owner of AS i.e. AS Technolutions Private Limited (ASTPL)

12.2) The entire content of AS is protected by Indian laws and title to the content shall not pass to any of the User. Any unauthorized use of the content may violate copyright, trademark, patent or any other proprietary rights of AS. AS is the sole and exclusive owner of all the intellectual property and in particular all the patent rights, the copyrights, trademarks rights, database rights and trade secret rights and any software, application, graphics, text and other materials used therein. The User is permitted to download a copy of the information on AS for the personal use only provided that the User do not delete or change any copyright material, trademark or other proprietary material of AS. Except as permitted under the Copyright Act 1968, the User is not permitted to copy, reproduce, republish, distribute or display any of the information on AS without prior written permission of the Owner.

12.3) AS reserves the right to modify, add, delete and/or change the contents and classification and presentation of the information / content at any time as it may in its absolute discretion find to be expedient and without giving any notice to the User.

12.4) The names, logos and all related products and services, design marks and slogans are trademarks and service marks owned by and used under the license from AS.

13) Governing Law, Jurisdiction and Dispute Resolution

13.1) These Terms of Use (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of India.

13.2) Any dispute with shall solely and to the exclusion of all other courts be subject to the jurisdiction of the appropriate Courts situated in Gurgaon, India alone.

14) Grievance Redressal

Any complaint or concern with regard to the Services, access, usage, content, comment or breach of the Terms of Use shall be addressed to the designated Grievance Officer of AS. The complaint shall be registered through a phone call on the number provided on AS Application or by sending an email to the respective email ID as provided on AS Application. All complaints can also be lodged by submitting the grievance form available on AS Mobile Application at the given below phone number and email address. It shall be the endeavor of AS to satisfactorily resolve and address the grievances at the earliest.

Phone number: - 0124-4562676

Email – grievancecell@astechnolutions.com

15) Card Association of India

All rules laid down by the respective Card Associations for Merchants and Card Holders are valid and should be adhered to by the Merchants and Card Holders. ASTPL bears no responsibility or liability for any misconduct, misuse, oversight or fraud pertaining to the same.

16) Entire Agreement

16.1) If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect. The headings contained in this Agreement are for convenience of reference only and shall not affect the meaning and interpretation of this Agreement.

16.2) By accepting these Terms of Use, the User agrees to have fully read and understood all the terms and conditions set out hereinabove without any impairment in judgment resulting from (but not limited to) mental handicap, illness, medication or intoxication or any other health condition that could impair judgment.

16.3) For any further queries, the User may contact AS at the address mentioned hereinabove.

Note: The Agreement is published in accordance with the provisions of Section 3 & Section 3-A of the Information Technology Act, 2000 that require an electronic record to be authenticated with an electronic signature