Terms and Conditions

This document/agreement/contract is a computer-generated electronic record published in accordance with Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (as amended from time to time) read with the Information Technology Act, 2000 (as amended from time to time) and does not require any physical or digital signatures.

These terms and conditions, including the attachments and links, apply to your use of www.swarajyafintech.in, other linked pages, API keys, features, content or application services (including but not limited to mobile applications and mobile website services) ("Website") owned and operated by Swarajyafintech Paytech Private Limited (“Swarajyafintech”), a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at Office – OFFICE NO. 4, Second Floor, Nisha's Pride, Near Mondha Naka, Chh.Sambhajinagar, Maharashtra - 431001. "We", "Us", "Our" - refers to Swarajyafintech. "You", "Your", "Yourself", "Merchant" - refers to any unregistered individual or entity, registered user of Swarajyafintech, including but not limited to Swarajyafintech Merchants. "Applicable Laws" means (i) all laws, statutes, rules, regulations, orders, circulars, decrees, directives, judgments, orders or other similar orders of central, national, state or local governmental/regulatory authorities having jurisdiction and legal effect over you, us or the subject matter in question, as amended from time to time, and (ii) includes, without limitation, any notice, circular, directive or other similar direction issued by the 'Financial Sector Regulators', including but not limited to the Reserve Bank of India (RBI), and/or rules, regulations, roles, responsibilities and processes as published by NPCI on its website www.npci.org.in.

Before using the Website, you must read these General Terms of Use and the Special Terms of Use (as defined below) (collectively, the "Terms") and the Privacy Policy on the Website in their entirety. By using the products, software, services, and website of Swarajyafintech and its affiliates or by using products offered by Swarajyafintech’s partner institutions/credit partners, banks, financial institutions, NPCI and technology service providers, card payment networks ("Providers") or third parties ("Services"), you understand and agree that Swarajyafintech will treat your use of the Services as acceptance of these Terms from the date of use. You agree that Swarajyafintech reserves the right to update the Services from time to time.

You acknowledge and agree that all references to "Swarajyafintech" mean the Swarajyafintech affiliate for the specific Terms of Use. You further agree that any claim relating to or arising out of the Specific Terms of Use shall be brought exclusively against the Swarajyafintech Affiliate providing the Services. Swarajyafintech shall have no liability in this regard. You may not use the Services if you do not accept the Terms. If you do not agree to be bound by these Terms and the Privacy Policy, you must not use the Site in any way. We strongly recommend that you visit this page regularly to review the most current version of the applicable Terms. Swarajyafintech reserves the right to change or otherwise modify the Terms at any time in its sole discretion and without prior notice, and your continued access to or use of the Site will mean that you accept the updated or modified Terms. If you disagree with these Terms or any subsequent changes to these Terms in any way, your sole remedy is to immediately discontinue using the Website. We may require you to agree to additional terms (if any) in connection with certain services that you use from time to time. The services offered by Swarajyafintech through the Website are available and suitable for use in India only.

1. PROPRIETARY RIGHTS

1.1. You acknowledge and agree that Swarajyafintech owns all right, title and interest in and to the services, including all intellectual property rights subsisting in the services (whether registered or not). You further acknowledge that the Services may contain information designated by Swarajyafintech as confidential and that you may not disclose such information without Swarajyafintech's prior written consent.

1.2. Swarajyafintech grants you a personal, non-exclusive, non-transferable, limited right to access the Services and to make personal use of the Website and/or the Services. This licence does not authorise you to download, copy, create a derivative work of, modify, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-licence, grant a security interest in or otherwise transfer any rights in the Services. You do not have the right to use Swarajyafintech's trade names, trademarks, service marks, logos, domain names and other distinctive brand features. You may not remove, obscure or alter any proprietary rights notices (including trademark and copyright notices) affixed to or contained in the Services. You will not copy or transmit any of the Services.

2. USAGE OF THE WEBSITE AND USE OF SERVICES BY THE USER

2.1. In order to use the Website and Services, you must register as a user and be at least 18 years old and capable of entering into binding contracts in accordance with applicable laws. You are responsible for keeping your passwords, login, and account information confidential. You will be liable for all activities conducted on the Website and/or Services using your password and login information, whether authorized by you or not. You are also responsible for maintaining the confidentiality of any login information and secure access credentials associated with your Swarajyafintech account. Swarajyafintech will not be responsible for any unauthorized use of your account or credentials on the Website.

2.2. You agree to provide accurate and complete information about yourself as prompted by the Website. If you provide false, inaccurate, outdated, or incomplete information, or if Swarajyafintech has reasonable grounds to suspect that your information is false, inaccurate, outdated, or incomplete, Swarajyafintech has the right to suspend or terminate your account and/or refuse your current or future use of the Website or Services.

2.3. By using the Website and providing your contact details, you acknowledge that you are interested in receiving information about products and services offered by Swarajyafintech or third parties through various means such as phone, SMS, email, or messaging services. You authorize Swarajyafintech, its partners, service providers, vendors, and other third parties to contact you for the purpose of offering or inviting your interest in other products or services, or for sending marketing campaigns, offers, or information through different means.

2.4. You understand and agree that by using the Website, you authorize Swarajyafintech, its affiliates, partners, and third parties to contact you for follow-up calls related to the Services or for offering or inviting your interest in other products or services. You consent to receive communications on your phone/mobile number (if provided) by you on the Website, and waive any registrations or preferences made under the DND/NCPR list as per applicable Telecom Regulatory Authority of India (TRAI) regulations.

2.5. You authorize Swarajyafintech to share your information with partner banks/financial institutions, group companies, affiliates, vendors, service providers, and other third parties as required for providing products, services, or value-added services associated with the Services selected by you or otherwise. You may receive communications through emails, telephone, and/or SMS from Swarajyafintech or third parties. If you request to stop receiving such communications/marketing material, it will be applicable only prospectively and will not apply to data already shared by Swarajyafintech with your prior consent.

2.6. You acknowledge that Swarajyafintech may undertake due diligence measures and request information for Know-Your-Customer (KYC) purposes for any payment or financial transaction through the Website. You are responsible for understanding and complying with all applicable laws, including RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, KYC/AML/CFT guidelines issued by the Department of Regulation, RBI, and other applicable laws in your jurisdiction in connection with your business and use of Services. Swarajyafintech may also undertake enhanced due diligence measures in accordance with applicable laws.

2.7. Prior to commencing any Service(s) under these Terms, You agree and promise to provide Swarajyafintech with the necessary documents (referred to as "KYC Documents") as determined by Swarajyafintech in its sole discretion, or as required by Facility Providers, governmental authorities, or law enforcement agencies, to enable Swarajyafintech to conduct due diligence on You and Your business/activities. Swarajyafintech has the right to share the KYC Documents (or the information contained therein) and other related documents with Facility Providers, governmental authorities, or law enforcement agencies, as required by Applicable Laws. You expressly consent to Swarajyafintech relying on the KYC Documents provided by You for the purpose of providing Services. Furthermore, You acknowledge and agree that Swarajyafintech reserves the right to monitor, review, retain, and/or disclose any information related to the Service(s) as necessary to comply with Applicable Laws, legal processes, or governmental requests.

2.8. Swarajyafintech has the right to request from You additional KYC Documents and/or KYC-related or other documents of Your customers or invoices, in its sole discretion and/or as required by Applicable Laws or pursuant to requests from governmental authorities or Facility Providers. If You fail to submit the KYC Documents when requested, Swarajyafintech is entitled to suspend the Services and/or stop settlement of funds (as applicable) until You submit such KYC Documents to the sole satisfaction of Swarajyafintech.

2.9. You agree to promptly provide all information and documents required by Swarajyafintech or Facility Providers to facilitate the provision of Services. Swarajyafintech or Facility Providers will not be held liable for any delay in processing your requests or providing Services due to your failure to submit such information or documents in a timely manner.

2.10. You acknowledge and agree that the Facility Providers have the right to store, use, process, and disclose Your data and documents (including KYC Documents) as required for providing Services. You further agree that Swarajyafintech and its Facility Providers may share Your information with third parties for credit assessment, fraud prevention, or as required by law.

3. Swarajyafintech SERVICES

3.1. Swarajyafintech provides various Services including but not limited to payment aggregation, payment gateway services, digital wallet services, and other value-added services. The specific terms and conditions applicable to these Services will be provided separately and shall form an integral part of these Terms.

3.2. Swarajyafintech reserves the right to modify, discontinue, or terminate any of its Services at any time without notice or liability to You. Swarajyafintech also reserves the right to modify the terms and conditions applicable to any Service, which will become effective upon publication on the Website.

3.3. You agree to use the Services only for lawful purposes and in accordance with the applicable terms and conditions. You shall not use the Services in any manner that could damage, disable, overburden, or impair the Website or Services or interfere with any other party's use and enjoyment of the Website or Services.

3.4. You acknowledge and agree that Swarajyafintech is not responsible for any errors, omissions, interruptions, or delays in the Services due to factors beyond its control, including but not limited to technical issues, internet connectivity, or third-party service provider failures.

3.5. Swarajyafintech may provide links to third-party websites or services as part of the Services. You acknowledge and agree that Swarajyafintech is not responsible for the content, availability, or functionality of such third-party websites or services. Your use of third-party websites or services is subject to the terms and conditions of such third parties.

3.6. You agree to indemnify and hold Swarajyafintech, its affiliates, partners, and service providers harmless from any claims, liabilities, damages, or expenses arising out of or in connection with Your use of the Services, violation of these Terms, or infringement of any rights of any third party.

3.7. Swarajyafintech's liability for any claim arising out of or in connection with the Services shall be limited to the amount paid by You for the specific Service giving rise to the claim. In no event shall Swarajyafintech be liable for any indirect, incidental, consequential, or punitive damages.

3.8. These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra.

3.9. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of Swarajyafintech to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

3.10. You agree that Swarajyafintech may communicate with You electronically regarding Your use of the Services and these Terms. You consent to receive communications from Swarajyafintech in an electronic form, and You agree that all terms and conditions, agreements, notices, disclosures, and other communications that Swarajyafintech provides to You electronically satisfy any legal requirement that such communications be in writing.

3. PAYMENT

3.1. Swarajyafintech shall levy applicable fees for the provision of Services, which may be updated by Swarajyafintech at its sole discretion in terms of manner, rates, and frequency of charges.

3.2. Fees charged by Swarajyafintech are exclusive of applicable taxes, which Swarajyafintech may charge from time to time. Any changes in applicable taxes during the term of these Terms shall be borne by You.

3.3. Invoices for fees charged for Services provided during each month will be raised by Swarajyafintech and made available on the dashboard. Any disputes regarding an invoice must be communicated to Swarajyafintech by You through a notice within ten (10) days from the date of the invoice. Swarajyafintech will make good faith efforts to reconcile any reasonably disputed amounts.

3.4. You are responsible for daily reconciliation of all processed transactions. Any discrepancies must be reported to Swarajyafintech within three (3) working days. However, if reconciliation issues are highlighted by You to Swarajyafintech after three (3) working days from the transaction date, Swarajyafintech shall not be liable for unresolved queries and concerns.

3.5. For fees deducted upfront before provision of a specific Service, it is agreed that if You deposit applicable taxes under Section 194H of the Income Tax Act, 1961 (in respect of invoices received by You) and furnish Form 16-A for such taxes paid to Swarajyafintech, then Swarajyafintech shall reimburse You, on a quarterly basis, the amount in respect of such taxes paid. In all other cases, in case LTDC is provided as per the LTDC issued, applicable taxes under Section 194H of the Income Tax Act, 1961 will be withheld by You at the time of payment of the Fees. You shall deposit the withheld taxes with the government treasury, file the statutorily mandated returns, and furnish the requisite tax deduction certificate (Form 16-A) to Swarajyafintech within the prescribed timelines, to enable Swarajyafintech to obtain full credit for the taxes deducted at source.

3.6. You are solely responsible for updating Your GST registration number on the Swarajyafintech dashboard before Swarajyafintech generates the invoice and submitting the GST certificate as part of KYC. Swarajyafintech will raise a GST tax invoice and report the transactions in the GST returns based on the information provided by You. The GST returns will be filed as per the statutory timelines, to enable You to avail appropriate input tax credit. Swarajyafintech shall not be responsible for any mistakes or misrepresentations by You in updating the GST number and other particulars as per the GST certificate. Furthermore, any liability raised on Swarajyafintech by the GST authorities due to incorrect information provided by You or deliberate withholding of any statutory information by You shall be recovered by Swarajyafintech from You.

4. PRIVACY POLICY

By using the Website, you are giving consent to the use of your information as outlined in our Privacy Policy.

5. THIRD PARTY LINKS/OFFERS

This Website may contain links to other websites or resources. Since Swarajyafintech has no control over these third-party websites and resources, you acknowledge and agree that Swarajyafintech is not responsible for their availability or endorse any content, advertising, products, or materials on or from these sites. You also acknowledge and agree that Swarajyafintech will not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through these sites. Your interaction with any third party accessed through the Website is at your own risk, and Swarajyafintech will have no liability for the actions, omissions, errors, representations, warranties, breaches, or negligence of such third parties, or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with them.

6. OUR PARTNERS

This Website also provides access to information about certain financial products/services, including but not limited to loan facilities, credit card facilities, and investment services such as current accounts offered by our lending partners. The terms of use and conditions can be accessed here.

7. DISCLAIMER OF WARRANTY

Swarajyafintech warrants that the Service(s) will be provided materially in accordance with the services documentation available on the Website. Swarajyafintech also warrants that the Service(s) will perform in all material respects in accordance with these Terms. However, to the maximum extent permitted by Applicable Laws, and except as stated in these Terms, the Services are provided on an "as is" basis. You acknowledge that Swarajyafintech does not warrant that the Service(s) will be uninterrupted or error-free or fit for your specific business purposes.

8. LIMITATION OF LIABILITY

8.1. Swarajyafintech (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for any direct, special, exemplary, punitive, indirect, incidental, or consequential damages of any kind (including without limitation lost profits or savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by us or any Facility Provider, even if we have been advised of the possibility of damages to such parties or any other party, or (iv) any damages to or viruses that may infect your computer equipment or other property as a result of your access to the Website or your downloading of any content from the Website. The Website may provide links to other third-party websites. However, since Swarajyafintech has no control over such third-party websites, you acknowledge and agree that Swarajyafintech is not responsible for the availability of such third-party websites and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites. You further acknowledge and agree that Swarajyafintech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites. Such third-party websites may have separate terms and conditions and privacy policies that are independent of Swarajyafintech, and therefore, we advise you to read the terms of use and conditions available on such websites before accessing any such third-party website.

8.2. Regardless of anything stated in these Terms, Swarajyafintech, its affiliates, officers, employees, and agents, shall not be liable for an amount exceeding the total fees paid by You for the specific Service(s) that gave rise to the liability, limited to a maximum of one (1) month. Any liability of Swarajyafintech under or in connection with these Terms shall be proportionately reduced to the extent that the loss or damage is contributed to by You or Your third-party providers.

9. INDEMNIFICATION

This Website also provides access to information about certain financial products/services, including but not limited to loan facilities, credit card facilities, and investment services such as current accounts offered by our lending partners. The terms of use and conditions can be accessed here.

10. CARD ASSOCIATION RULES

10.1. "Card Payment Network Rules" refer to the written rules, regulations, releases, guidelines, processes, interpretations, and other requirements (whether contractual or otherwise) imposed and adopted by the card payment networks. These card payment networks have infrastructure and processes to enable transaction authorization. You are required to comply with all applicable guidelines, rules, and regulations formulated by them.

10.2. The card payment networks reserve the right to amend their guidelines, rules, and regulations. We may be required to amend, modify or change these Terms pursuant to amendments to the Card Payment Network Rules and such amendments, if any, shall be binding on You with immediate effect.

10.3. You agree to fully comply with all programs, guidelines, and requirements that may be published and/or mandated by the card payment networks. Despite our assistance in understanding the Card Payment Network Rules, You expressly acknowledge and agree that You are assuming the risk of compliance with all provisions of the Card Payment Network Rules, regardless of whether You are aware of or have access to those provisions. MasterCard, Visa, Diners, RuPay, and American Express make excerpts of their respective rules available on their websites.

10.4. If Your non-compliance with Card Payment Network Rules results in fines, penalties, or other amounts being levied on or demanded from us by a card payment network, then without prejudice to our other rights hereunder, You shall promptly reimburse us in an amount equal to the fines, penalties, or other amounts so levied or demanded or spent by us in any manner in relation to such fines, penalties, and levies. Failure to comply with Your obligations towards the card payment networks may result in Swarajyafintech suspending settlement or suspending/terminating the Services immediately.

11. WAIVER

Swarajyafintech's failure or delay in enforcing or exercising any provision of these Terms, or any related right, shall not be considered a waiver of that provision or right. The exercise of any of Swarajyafintech's rights under these Terms or in law or equity shall not waive or preclude the exercise of any other rights or remedies available to Swarajyafintech. Any waiver of any provision shall only be effective if it is in writing and executed by an authorized officer of Swarajyafintech.

12. FORCE MAJEURE

If Swarajyafintech's performance of Services/Website is prevented, restricted, delayed or interfered with due to labour disputes, strikes, acts of God, epidemic, pandemic, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware, trojan or other disruptive mechanisms, hacking or illegal usage of the Website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo, or any law, order, proclamation, regulation, ordinance, demand or requirement of any government, regulatory or judicial authority or representative thereof, or any other event beyond the reasonable control of Swarajyafintech, then Swarajyafintech shall be excused and discharged from performance to the extent of and during the period of such force majeure event, and such non-performance shall not be considered a breach of Swarajyafintech's obligations herein or incur any legal liability on Swarajyafintech.

13. ANTI BRIBERY AND SANCTIONS LAWS

You agree to comply with all applicable anti-bribery and anti-corruption laws, which prohibit officials, representatives, agents, or any other person associated with or acting on behalf of You from giving, offering, promising to offer, receiving/accepting or acting in any other manner so as to induce a payment, gift, hospitality or anything else of value (either directly or indirectly) whether from within the country or from abroad to government officials, public servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties or office bearers thereof or any other third party or person in order to obtain an improper commercial/business advantage of any kind. Government officials include any government employee, candidate for public office, an employee of government-owned or government-controlled companies, public international organizations, and political parties. You also agree not to give, offer, pay, promise, or authorize to give or pay, directly, indirectly, or through any other person, anything of value to anybody for the purpose of inducing or rewarding any favourable action or influencing any decision in Your favour.

14. ADDITIONAL TERMS

14.1. You are not allowed to transfer or assign your rights or obligations under these Terms. Swarajyafintech, however, has the right to assign its rights and duties under these Terms without any notice to you, and such assignment will not be considered a change to the Terms. If we do not take action on your breach or anyone else's breach on any occasion, it does not mean that we are waiving our right to take action in the future for similar breaches. Additional terms that apply to the Services provided by Swarajyafintech or its affiliates are as follows:

• (a) You are lawfully incorporated or established in your jurisdiction and have the necessary power and authority to own and operate your business.
• (b) Without prejudice to any other rights or remedies that Swarajyafintech may have, you agree and confirm that Swarajyafintech has the right to set-off any part or whole of your liability to Swarajyafintech under these Terms (or any other agreement between you and Swarajyafintech or its affiliates) against any funds, sums, or other amounts credited to or owing to you under these Terms (or any other agreement between you and Swarajyafintech or its affiliates), by any means. Swarajyafintech may exercise this right of set-off at any time without prior notice to you. If the set-off does not fully reimburse Swarajyafintech for the owed liability, you shall pay Swarajyafintech the shortfall amount.
• (c) You shall not, whether online or otherwise: (i) represent yourself as an agent or representative of Swarajyafintech or any Facility Provider; (ii) claim to have any rights to offer any products or services offered by Swarajyafintech or the Facility Provider; and (iii) make any representations or warranties to your customers or any third party that may require Swarajyafintech or the Facility Provider to undertake or be liable for any obligation or responsibility, directly or indirectly.
• (d) Swarajyafintech reserves the right to make changes to the Website, related policies and agreements, these Terms, and the Privacy Policy at any time as it deems necessary, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors, or ambiguities, reflect changes in the process flow, scope and nature of the Services and ancillary services, company reorganization, market practice, or customer requirements. Upon any change, your continued use of the Services and ancillary services constitutes acceptance of the changes and an agreement to be bound by the amended Terms. If you do not agree to the changes, you must discontinue your use of the Services.

14.2. An end user may avail dynamic currency conversion ("DCC") services which may be made available by Swarajyafintech to an end user, as applicable. The transaction amount payable by the end user towards the purchase of goods or services from a merchant shall be inclusive of charges for such DCC services availed by the end user. An end user may contact dcc_invoice@Swarajyafintech.in, providing the payment ID and end user contact number, to obtain invoices for DCC transactions.

15. ADVERTISING

Some of the Services may be supported by advertising revenue and may display advertisements and promotional material. These advertisements may be tailored to the content of information stored on the Services, queries made through the Services, or other information. The manner, mode, and extent of advertising by Swarajyafintech may change without specific notice to You. By using the Services, You agree that Swarajyafintech may place such advertisements on the Services through various channels such as the Website, print media, electronic media, and social media advertising platforms.

16. SUSPENSION AND TERMINATION

16.1. Swarajyafintech reserves the right to immediately suspend Services and settlement of any monies or payments to You, without any liability to You, in the event of the following:

• (a) You breach any clause of these Terms.
• (b) You facilitate any transaction that is unlawful or in contravention with the 'Prohibited Products and Services' listed below.
• (c) Swarajyafintech receives instructions from Facility Providers or governmental authorities or law enforcement agencies to suspend the Services, or part thereof, or directs to suspend the Services or part thereof, regardless of whether there is pending investigation/enquiry into any alleged illegal/unlawful activities.
• (d) You use the Services for any transactions which have a high-risk score as per Swarajyafintech's internal fraud assessment tools and other policies.
• (e) Swarajyafintech has suspicions about Your activities.
• (f) Swarajyafintech believes that there are pending, anticipated, or excessive disputes, refunds, or reversals relating to Your use of Services.
• (g) Your products/services infringe, or are suspected of infringing, intellectual property rights, copyrightable works, patented inventions, trademarks and trade secrets, or You are suspected of selling counterfeit and/or knock-off goods.
• (h) You materially change the type of products/services provided to end customers and as declared on the onboarding form, without obtaining Swarajyafintech's prior written permission to use the Services for the new or changed types of services/products, or it is discovered by Swarajyafintech that You provided substantially misleading and/or false information about Your products/services as part of the onboarding activities.
• (i) Swarajyafintech, in its sole discretion, determines that Your activities expose Swarajyafintech to unacceptable risks.
• (j) Swarajyafintech, in its sole discretion, is required to do so due to regulatory changes impacting the Services.

16.2. These Terms are effective upon the date You first access or use the Services and continue until terminated by You or Swarajyafintech. We may terminate these Terms or close Your Swarajyafintech account at any time for any reason (including, without limitation, for any activity that may harm or create loss to the goodwill of Swarajyafintech). If Applicable Laws require advance notice of termination to be provided, we will provide You with the required advance notice of termination prior to termination.

16.3. Termination does not immediately relieve You of obligations incurred by You under these Terms. Upon termination, You agree to stop using the Services. Your continued or renewed use of the Services after termination serves to renew Your consent to the Terms. In addition, upon termination, You understand and agree that We will not be liable to You for compensation, reimbursement, or damages related to Your use of the Services, or any termination or suspension of the Services or deletion of Your information or account data; and You will still be liable to us for any fees, fines, or other financial obligations incurred by You or through Your use of the Services prior to termination.

17. PROHIBITED PRODUCTS AND SERVICES

• Adult goods and services such as pornography, escort or prostitution services, and access/memberships to pornography or illegal websites.
• Alcohol, including beer, liquor, wine, or champagne, is prohibited.
• Body parts, including organs or other body parts, are prohibited.
• Prohibited products and services include bulk marketing tools such as email lists, software, or other products that enable unsolicited email messages (spam).
• Devices intended to obtain cable and satellite signals for free, such as cable descramblers and black boxes, are prohibited.
• Child pornography, which includes pornographic materials involving minors, is prohibited.
• Prohibited products and services include copyright unlocking devices such as Mod chips or other devices designed to circumvent copyright protection.
• Unauthorized copies of books, music, movies, and other licensed or protected materials are prohibited, including copyrighted media.
• Unauthorized copies of software, video games, and other licensed or protected materials, including OEM or bundled software, are prohibited, including copyrighted software.
• Prohibited products and services include counterfeit and unauthorized goods such as replicas or imitations of designer goods, items without celebrity endorsements that would normally require such association, fake autographs, counterfeit stamps, and other potentially unauthorized goods.
• Illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms, are prohibited, including drugs and drug paraphernalia.
• Prohibited products and services include drug test circumvention aids such as drug cleansing shakes, urine test additives, and related items.
• Endangered species, including plants, animals, or other organisms (including product derivatives) in danger of extinction, are prohibited.
• Prohibited products and services include gaming/gambling, such as lottery tickets, sports bets, memberships/enrolment in online gambling sites, and related content.
• Fake IDs, passports, diplomas, and noble titles are prohibited, including government IDs or documents.
• Manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property are prohibited, including hacking and cracking materials.
• Prohibited products and services include materials, products, or information promoting illegal goods or enabling illegal acts, including illegal goods.
• Unsubstantiated cures, remedies, or other items marketed as quick health fixes are prohibited, including miracle cures.
• Prohibited products and services include literature, products, or other materials that defame or slander any person or group of people based on race, ethnicity, national origin, religion, sex, or other factors; encourage or incite violent acts; or promote intolerance or hatred, which are considered offensive goods.
• Prohibited products and services include crime scene photos or items associated with criminals, such as personal belongings, as well as offensive goods related to crime.
• Explosives and related goods; toxic, flammable, and radioactive materials and substances are prohibited, including pyrotechnic devices, combustibles, corrosives, and hazardous materials.
• Prohibited products and services include regulated goods such as airbags, batteries containing mercury, Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles, license plates, police badges, law enforcement equipment, lock-picking devices, pesticides, postage meters, recalled items, slot machines, surveillance equipment, and goods regulated by government or other agency specifications.
• Government bonds or related financial products are prohibited, including securities.
• Cigarettes, cigars, chewing tobacco, and related products are prohibited, including tobacco and cigarettes.
• Radar detectors/jammers, license plate covers, traffic signal changers, and related products are prohibited, including traffic devices.
• Items such as firearms, ammunition, knives, brass knuckles, gun parts, and other weapons.
• Wholesale currency, including discounted currencies or currency exchanges;
• Live animals or animal products such as hides, skins, teeth, nails, etc.;
• Collection fees associated with multi-level marketing schemes;
• Matrix sites or sites that use a matrix scheme approach;
• Offering work-at-home opportunities or work-at-home information with the intent to deceive;
• Drop-shipped merchandise, where the merchant does not have physical possession of the product;
• Products or services that do not comply with applicable laws and regulations, including federal, state, local, or international laws in India;
• Services that may cast Payment Gateway Facilitators in a negative light and/or may result in chargebacks and fraud losses, such as adult material/mature content/escort services/friend finders;
• Businesses or websites that operate in areas where laws are unclear or ambiguous, such as web-based telephony, websites that supply medicines or controlled substances, or websites that promise online match-making;
• Businesses that are outright banned by law, such as betting and gambling, publications or content that may be interpreted as leading to moral turpitude or decadence, or inciting caste/communal tensions, lotteries/sweepstakes & games of chance;
• If you deal in intangible goods/services (e.g. software downloads/health/beauty products), and businesses involved in pyramid marketing schemes or get-rich-quick schemes, or any other product or service that may be detrimental to the image and interests of the Partner Bank or the Acquiring Bank, as communicated by them from time to time. This is without prejudice to any other terms and conditions mentioned in these Terms;
• Mailing lists;
• Virtual currency, cryptocurrency, and other crypto products (such as non-fungible tokens or NFTs), prohibited investments for commercial gain, credits that can be monetized, resold, or converted to physical or digital goods or services, or otherwise exit the virtual world;
• Money laundering services;
• Database providers for tele-callers;
• Bidding/auction houses;
• Activities prohibited by the Telecom Regulatory Authority of India;
• Any other activities prohibited by applicable laws;
• Entities operating as chit funds/nidhi companies (except government or public sector unit (PSU) entities);
• Unregulated/unlicensed money service businesses (MSBs) or money and value transfer services (MVTS), such as exchange houses, remittance agents, or individuals running such businesses in jurisdictions that require a license for such activities.

Please note that this list is subject to additions/changes by Swarajyafintech, based on instructions received from Facility Providers, without any prior intimation to you.

The above list is subject to additions / changes by Swarajyafintech, based on instructions received from Facility Providers, without any prior intimation to You.

1. Payment Aggregation Services

You acknowledge and agree that Swarajyafintech has the right to charge fees for its services, and the amount, manner, rates, and frequency of such fees will be determined by Swarajyafintech. Swarajyafintech may update the fees, including for services that were previously provided free of charge, at its sole discretion. You are responsible for paying any additional fees as determined by Swarajyafintech in the following cases:

By using any Service or a value-added service, you consent to any additional fees that may be levied by Swarajyafintech for such services.

2. Payment Processing

2.1. In accordance with the General Terms of Use and the Specific Terms of Use for Payment Aggregation Services, Swarajyafintech will facilitate the collection of online payments for products/services sold by You.

2.2. Subject to Clause 3 and 4 below, Swarajyafintech will settle the Transaction Amount (after deducting Permissible Deductions) into Your account within two (2) Escrow Bank working days from the date of the Transaction.

2.3. If Swarajyafintech settles the Transaction Amount earlier than agreed upon under the General Terms of Use or any Specific Terms of Use, Swarajyafintech has the right to recover the Transaction Amount immediately if it is not received in the Escrow Account within three (3) Escrow Bank Working Days from the date of the Transaction, for any reason whatsoever.

2.4. Swarajyafintech reserves the right to set limits on the Transaction value.

2.5. You have the option to purchase fee credits from Swarajyafintech for the Services rendered under the Specific Terms of Use for Payment Aggregation Services. It is understood that for each Transaction, Swarajyafintech is entitled to deduct the Swarajyafintech Fees, along with applicable taxes, from the Fee Credit. If sufficient funds are not available in the Fee Credits, Swarajyafintech is entitled to deduct the Swarajyafintech Fees, along with applicable taxes, from the Transaction Amount. Fee Credits are credits that allow You to receive the full settlement amount without any fee deduction. For example, if You have a Fee Credit of INR 100, then all Transactions will be settled in full and the Fees for these payments will be deducted from the Fee Credit of INR 100 ("Fee Credit").

2.6. Pay later Settlement - Swarajyafintech provides the Services on an "AS IS WHERE IS" basis. If applicable, You are responsible for ensuring that the customer has provided informed consent to the lender and its lending service provider (LSP) for Transactions enabling the lender to disburse the loan through Swarajyafintech into Your bank account.

3. Chargebacks

3.1. Upon receipt of a Chargeback Request communicated by a Facility Provider, Swarajyafintech will notify You of the Chargeback. You acknowledge and agree that You are liable for Chargebacks, whether domestic or international, under the General Terms of Use or any Specific Terms of Use associated therewith. It is Your sole discretion whether to avail non-3D secure services or not. Swarajyafintech, upon receipt of a Chargeback Request, will deduct the Chargeback Amount from the Transaction Amounts, subject to availability of funds. The decision to process the Chargeback in Favour of the customer or credit it to You will be based on the decision of the Facility Provider. Swarajyafintech is entitled to deduct the Chargeback Amount upon receiving a Chargeback claim. You may furnish Chargeback Documents pertaining to the Transaction associated with the Chargeback Request to substantiate (i) the completion of the said Transaction and/or (ii) delivery of goods/services sought by the customer pursuant to the said Transaction. You must furnish the Chargeback Documents within three (3) calendar days (or such other period specified by the Facility Provider) of receiving notification of the Chargeback Request.

3.2. If You are unable to furnish Chargeback Documents and/or the Facility Provider is not satisfied with the Chargeback Documents furnished by You, the Facility Provider may order Swarajyafintech to effect a reversal of the debit of the Chargeback Amount associated with the Chargeback, resulting in the said Chargeback Amount being credited to the customer's Payment Instrument.

3.3. Notwithstanding anything in these Terms, if the Facility Providers charge the Chargeback Amount from Swarajyafintech, You agree and acknowledge that Swarajyafintech is entitled to recover such Chargeback Amount from You by deducting it from (i) the Transaction Amounts to be settled to You and (ii) any other funds held by Swarajyafintech on Your behalf in the course of providing the Services. If the available Transaction Amounts or other funds are insufficient for deduction of the Chargeback Amount, Swarajyafintech is entitled to issue a debit note seeking reimbursement of the Chargeback Amount. You shall reimburse the Chargeback Amount within seven (7) days of receipt of the debit note.

3.4. In the event of notice of termination of this Specific Terms of Use for Payment Aggregation Services or the General Terms of Use being issued, Swarajyafintech reserves the right to withhold a sum computed based on a Stipulated Percentage (defined hereinbelow) from each settlement made during the notice period for a period of one hundred and twenty (120) days ("Withholding Term") from the date of termination of these Terms. The withheld sums shall be utilized towards settlement of Chargebacks. Upon completion of the Withholding Term, Swarajyafintech shall transfer any unutilized amounts, if any, to You forthwith. The "Stipulated Percentage" is the proportion of the Chargeback Amounts out of the total Transaction Amounts settled during the subsistence of these Terms.

3.5. If the amount withheld pursuant to Clause 3.4 above is insufficient to settle Chargeback Amounts received during the Withholding Term, Swarajyafintech is entitled to issue a debit note seeking reimbursement of the Chargeback Amount. You shall reimburse the Chargeback Amount within seven (7) days of receipt of the debit note.

3.6. The following applies to Chargebacks associated with EMI products supported by Facility Providers. For any loan cancellation requests, You must respond to Swarajyafintech within 7 working days with a suitable response. If the loan is to be cancelled, You must inform Swarajyafintech, and if the cancellation request is to be declined, You must provide proof of delivery and justification. For loans that would get cancelled based on Your confirmation, the amount would be recovered from the daily settlement.

4. Refunds

4.1. You acknowledge that, subject to the availability of funds in the Escrow Account, You have the discretion to initiate Refunds.

4.2. You further acknowledge that Swarajyafintech will process Refunds only upon Your initiation of the same on the Website.

4.3. All Refunds initiated by You will be directed to the same payment method used for the original Transaction.

4.4. You agree that Swarajyafintech fees will always be applicable and payable by You for each Transaction, regardless of whether You have issued a refund to Your customer through normal refund channels or through Swarajyafintech's instant refund service (if availed).

4.5. You acknowledge and agree that for payments that are late authorized but not captured by You, Swarajyafintech may initiate an auto-refund to the customer within five (5) days.

5. Fraudulent Transactions

5.1. If Swarajyafintech is notified by a Facility Provider that a customer has reported an unauthorized debit from the customer's Payment Instrument ("Fraudulent Transaction"), then, in addition to the rights under Clause 16 of the General Terms of Use, Swarajyafintech may suspend settlements to You while inquiries, investigations, and resolution are pending by the Facility Providers, subject to Clause 3.1 and 3.2.

5.2. If the amount related to the Fraudulent Transaction has already been settled to You as per these Terms, any dispute arising after settlement in relation to the said Fraudulent Transaction shall be resolved in accordance with RBI's notifications DBR.No.Leg.BC.78/09.07.005/2017-18, dated July 6, 2017, read with RBI's notification DBOD. LEG. BC 86/09.07.007/2001-02 dated April 8, 2002, and other notifications, circulars, and guidelines issued by the RBI from time to time.

5.3. Subject to Clause 5.2 above, if the Fraudulent Transaction results in a Chargeback, then such Chargeback shall be resolved in accordance with the provisions outlined in the Terms.

5.4. You acknowledge that Swarajyafintech shall not be liable for any liability arising from Fraudulent Transactions, whether they are international or domestic transactions.

5.5. You shall be responsible in case of breach of the fraud amount thresholds as provided under the NPCI guideline on 'Fraud liability guidelines on UPI transactions' NPCI/2022-23/RMD/001. You understand and agree that the decision of the NPCI or the concerned acquiring bank, as the case may be, shall be final and binding.

6. General

6.1. In case of any conflict between the General Terms of Use and Specific Terms of Use, the Specific Terms of Use shall take precedence over the General Terms of Use. They shall be interpreted in a harmonious manner to the maximum extent possible.

6.2. Capitalized terms used in this Specific Terms of Use but not defined herein shall have the meanings ascribed to them in the General Terms of Use.

6.3. Clauses 3 and 5 mentioned above shall remain valid even after the termination of the Terms.

7. Compliance with Payment Aggregator Guidelines

7.1. You represent and warrant that (i) You shall, throughout the entire term of using the Services, implement, adhere to, and comply with the applicable requirements prescribed under the Applicable Law, including but not limited to the provisions of the Payment Aggregator Guidelines. You shall further ensure that Your operations are in compliance with the Payment Aggregator Guidelines and You shall not take any action that breaches the same. (ii) You shall clearly indicate/display on Your website/web app/mobile site/mobile app, the return and refund policy of Your products/services to Your customers, including the timelines for processing such returns, refunds, or cancellations; and the general terms and conditions of use by Your customers. You shall ensure that You deliver products and services in accordance with the instructions of the customers. (iii) You shall not hold, store, copy, or retain any customer data related to a customer's Payment Instrument and shall promptly notify Swarajyafintech in writing without delay if You suspect or become aware of a possible security breach related to any customer data. (iv) You shall not store any data pertaining to the Payment Instrument/customer Payment Instrument credentials. Upon demand, You shall provide a written confirmation, in a form and manner acceptable to Swarajyafintech and Facility Providers, certifying compliance with this aspect.

7.2. You shall establish a comprehensive customer grievance redressal mechanism that outlines the procedure for addressing complaints received from Your customers and include the details of the designated person responsible for handling such customer complaints. This customer grievance redressal mechanism shall provide customers with the facility to register complaints via phone, email, or any other electronic means. You shall respond to grievances or complaints received from Your customers within a period of 5 (five) business days from the date of receiving such grievance or complaint. You shall be solely responsible for the resolution or handling of any complaints lodged against You.

7.3. You shall comply with or enter into an agreement with a third-party service provider of payment processing services for compliance with the PCI DSS, as may be amended from time to time, and the Payment Application-Data Security Standard ("PA-DSS"), if applicable. You shall also submit an annual report in writing to Swarajyafintech, indicating proof of compliance with the above.

7.4. If You become aware that You will not be or are likely not to be in compliance with PCI DSS or PA DSS for any reason, You shall promptly report such non-compliance or likely non-compliance to Swarajyafintech in writing.

7.5. You shall provide Swarajyafintech with evidence of compliance as listed in this Clause 7 upon Swarajyafintech's request, and provide, or make available, to Swarajyafintech copies of any audit, scanning results, or related documents related to such compliance. Notwithstanding the above, Swarajyafintech shall have the right to conduct a security audit to verify Your compliance with this Clause 7, and in such cases, You shall fully cooperate with Swarajyafintech and its representatives to enable them to conduct the audit to their sole satisfaction.

7.6. You acknowledge and agree to implement and uphold any information security measures that Swarajyafintech deems necessary to ensure reasonable security practices and procedures.