These Terms and Conditions (“Terms” or “Terms of Use”) govern your access to and use of the websites, mobile applications, payment gateway, and related services (collectively, the “Services”) made available by the Airpay group of companies (“Airpay”, “Airpay Group”, “we”, “us” or “our”). Please read these Terms carefully.

By accessing, registering for, or using the Website or Services, you agree to be bound by these Terms. If you do not accept these Terms, please do not access or use the Website or the Services. Airpay, any of its business divisions and/or its subsidiaries and associate companies (in India or abroad) reserve their respective rights to revise these Terms at any time by updating this page. You should review this page periodically. The Services are offered to you conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein.

Scope and Airpay Group Entities

These Terms apply to the services provided by Airpay and its affiliates, subsidiaries, and group companies operating in various jurisdictions, including but not limited to India, the United Arab Emirates, Tanzania, and Zambia.

The Airpay entity providing the Services to you in your jurisdiction will be your contracting party and will be responsible for the provision of those Services.

References to "Airpay," "we," "us," or "our" in these Terms refer to the relevant Airpay entity providing the Services to you, together with its successors and permitted assigns.

Airpay owns and operates www.airpay.in and other websites, applications, platforms, and services through which the Services are made available.

Definitions

In these Terms, the following definitions apply (in addition to any terms defined elsewhere):

• “Client”, “You”, “Your” – the person or entity accessing the Website or using the Services, whether a Visitor, Customer or Merchant.
• “Services” – the payment services and other services offered by Airpay through the Website and applications under these Terms.
• “Merchant” the person or entity with whom Airpay has a valid agreement for participation in the Services.
• “Customer” – the person or entity who makes a payment to a Merchant using Airpay’s payment Services.
• “Payment Account” – any valid account, card or payment instrument of the Customer maintained with any bank or financial institution, from which payment is made to the Merchant.
• “Payment Instruction” - an instruction given by the Customer using the Services to effect payment to a Merchant.
• Business Day – Monday to Friday, excluding banking and public holidays applicable in the relevant jurisdiction.
• Due Date”, “Payment Date”, “Pay-On / Scheduled Date – respectively, the date by which the Merchant should receive payment; the date the Merchant actually receives payment after processing; and the date for which the Customer has scheduled a Payment Instruction and the last date before which it may be cancelled or modified.
• Personal Data” and “Processing – have the meanings given in the Airpay Privacy Policy and applicable data protection law.

Communications

You agree that Airpay may correspond with you electronically, and you consent to receiving communications from Airpay through electronic means, including but not limited to e-mail, SMS, in-app notifications, push notifications, alerts, messages through customer support channels, and notices posted on the Website. You agree that all agreements, disclosures, and other communications provided to you electronically satisfy the legal requirements applicable in your jurisdiction, to the extent permitted by law.

Eligible Customers

To access and use the Services, you must be at least 18 years of age and or legally capable of entering into binding contracts under applicable law. In the case of a corporation, trust, association of persons or firm, the individual accepting these Terms must be authorised to do so on its behalf. If you do not qualify, you must not access or use the Services.

If you are not resident in the jurisdiction of the Airpay entity providing the Services, you may access and use the Services only to the extent permitted by the laws of that jurisdiction and of your country of residence. You are solely responsible for compliance with the laws applicable to you and will indemnify Airpay against any liability arising from your access or use in breach of such laws.

Registration Obligations and Authorisation

By selecting the acceptance checkbox, registering for, or using the Services, you acknowledge and authorise Airpay to verify, validate, and process the information submitted by you as reasonably necessary for account creation, onboarding, service delivery, security, fraud prevention, account administration, and compliance with applicable law, in accordance with Airpay’s Privacy Policy.

Customers must provide accurate details. To create and maintain an account, you must provide complete, accurate and current registration information (“Registration Data”), together with your Payment Account details (“Payment Data”) and Merchant/payee details (“Authentication Data”) and promptly update such information where applicable.

If you provide information that is untrue, inaccurate, not current or incomplete, or Airpay has reasonable grounds to suspect the same, Airpay may suspend or terminate your account and refuse any current or future use of the Services. You agree not to knowingly omit or misrepresent any material fact, and to promptly correct or update your Registration Data through the Services or by notifying Airpay in writing.

Account, Credentials and Security

You are responsible for maintaining the confidentiality of your account credentials and notifying Airpay promptly of any suspected unauthorised use. Airpay will maintain appropriate security measures to protect customer accounts; however, no method of transmission or storage is completely secure. Airpay will not be responsible for losses resulting from your failure to protect account credentials, except where such losses are caused by Airpay’s breach of its security obligations under applicable law.

You agree to (a) immediately notify Airpay of any unauthorised use of your credentials or any other breach of security, and (b) ensure that you log out of your account at the end of each session. Any transaction or activity carried out using your credentials shall be deemed to be yours, and Airpay is not obliged to verify the authenticity of any such transaction, save as required by applicable law.

Account recovery. If account recovery is requested, Airpay may verify your identity through applicable authentication and recovery procedures before restoring account access. Airpay is not liable if it declines to restore access where it is not satisfied as to your identity. On generation of new credentials, any previous credentials will be discontinued.

Suspension and Termination

Airpay reserves the right to suspend or terminate access where it reasonably determines a breach of these Terms, security concerns, fraud, or misuse of the Services. Where practicable and lawful, Airpay will give you notice of any suspension or termination and the reasons for it. Suspension or termination does not affect any rights or liabilities accrued before it takes effect.

Permitted Use

You may not modify, copy, distribute, transmit, display, reproduce, publish, license, sell or transfer any information contained on the Website except as expressly permitted. You may not access the Website using a false identity or e-mail address for the purpose of gaining access for improper use. If your credentials are used by any person other than you and this comes to Airpay’s knowledge, Airpay may terminate your access without further notice.

Security Rules

You are prohibited from violating, or attempting to violate, the security of the Website, including: (a) accessing data not intended for you or logging into a server or account you are not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (c) attempting to interfere with the Service to any user, host or network, including by submitting a virus or malicious code, overloading, “flooding”, “mail-bombing” or “crashing”; or (d) sending unsolicited electronic communications, including promotions or advertising. Violations may result in civil or criminal liability, and Airpay may investigate and cooperate with law-enforcement authorities in prosecuting offenders.

General Rules of Conduct

You shall not use the Website to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be a criminal offence or violate any applicable law or regulation; (b) in a manner that infringes the copyright, trademark, trade secret or other intellectual property rights of others, or violates the privacy or publicity rights of others; or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

Links to and from Other Websites

The Website may contain links to third-party websites, provided solely for your convenience. Airpay is not responsible for the content of linked sites and makes no representation as to their accuracy. If you access such linked websites, you do so at your own risk. Access to the Website through a link created by a third-party website does not imply endorsement or authorisation by Airpay. You shall not create a link to any page of the Website without Airpay’s prior written consent.

Configurations and Minimum Requirements

Airpay does not expressly recommend any particular software, operating system or application to access the Website. If, for any reason, the Website does not open or display in full on your device, Airpay shall not be liable for any resulting act, omission or loss. It is your responsibility to maintain your device and software to current standards to access the Website.

Intellectual Property Rights

All intellectual property in the Website and Services belongs to Airpay. Content submitted by visitors remains their property, but by posting such content you grant Airpay a non-exclusive, royalty-free licence to use it for the purpose of operating the Services. Airpay does not claim ownership of user-provided content.

All marks, logos, designs, trade names and domain names used on the Website (whether registered or unregistered) vest in Airpay and may not be used without prior written consent.

Contests and Rewards

Airpay may organise contests or promotions for users of the Website. Participation, eligibility and rewards are governed by the specific terms of each contest or promotion. Rewards are non-transferable, non-negotiable, subject to availability and carry no cash alternative; Airpay may substitute rewards of equal or greater value. Any taxes, duties or levies arising out of a reward shall be borne solely by the winner. Airpay’s decision in selecting winners is final and binding.

Privacy and Data Protection

Airpay respects the privacy of users of the Website and Services. Our collection, use, disclosure, retention and protection of your Personal Data — and your rights in respect of that data under the laws of India, the United Arab Emirates, Tanzania and Zambia — are described in the Airpay Privacy Policy, which forms part of and should be read together with these Terms. By using the Services, you acknowledge that you have read the Privacy Policy.

Customer Payment Instructions

A Customer’s Payment Instruction will be effected only after proper authentication in accordance with the prescribed procedure of the Services and will be processed in the manner selected by the Customer. It is your responsibility to make payment before the applicable due date. Airpay assumes no responsibility and incurs no liability if it is unable to effect a Payment Instruction owing to any of the following:

1. The Payment Data you provide is incomplete, inaccurate, invalid or delayed.
2. The Customer’s account, card or instrument has insufficient funds or limits.
3. The available funds are under any encumbrance or charge.
4. Your bank or financial institution refuses or delays honouring the Payment Instruction.
5. Circumstances beyond Airpay’s control (including fire, flood, earthquake, natural disaster, strike, power failure, or systems/communication failure).

Where a payment is successful, the Customer will be notified by e-mail or other electronic message. Airpay’s responsibility is limited to sending that intimation.

Modification or Cancellation of Payment Instructions

A Customer may cancel or modify a Payment Instruction in the manner specified on the Website, provided the request is received and acted upon before processing of the transaction has been initiated. Once processing has begun, cancellation or modification may not be possible.

Charges and Fees

To use the Services, you may need to use third-party services and must have the necessary equipment and connectivity; you are responsible for any related service fees. Airpay may charge and recover applicable fees by debiting the Payment Account or by invoicing you. Fees may vary based on the Payment Instruction, Payment Account and applicable law. Failure to pay fees by the specified date may render you liable for interest at a rate stipulated by Airpay and/or withdrawal of the Services, without liability to Airpay.

Fraud Alert and Prevention

Airpay will never ask you to share your full card number, CVV, PIN, OTP, internet-banking password, UPI PIN or any one-time passcode by phone call, SMS, e-mail, WhatsApp, or any other channel. Airpay staff, partners and agents will never request remote access to your device or ask you to install screen-sharing or remote-control applications.

You are responsible for keeping your credentials and one-time passcodes confidential. Airpay operates transaction-monitoring and fraud-detection systems and may decline, hold, or reverse transactions, and suspend accounts, where it reasonably suspects fraud, money laundering or other unlawful activity, in accordance with applicable law and the requirements of banks, card networks and regulators. Suspected fraud may be reported to the relevant authorities, including, in India, the National Cyber Crime Reporting Portal (cybercrime.gov.in / helpline 1930).

Cookies

The Website uses cookies and similar technologies to operate, secure and improve the Services and, where applicable, for analytics and marketing. Details of the cookies we use, their purposes, and how you can manage your preferences are set out in the Cookie Policy contained in the Airpay Privacy Policy. By continuing to use the Website (and, where required by law, by providing consent through our cookie banner), you agree to the use of cookies as described there.

Disclaimer

To the maximum extent permitted by applicable law, all information, technology and Services are provided on an “as is” and “as available” basis. Airpay disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. Airpay does not warrant that the Website will meet your requirements, or be uninterrupted, timely, secure, free from viruses or error-free.

Any material downloaded or obtained through the Services is at your own discretion and risk, and you are solely responsible for any resulting damage to your device or loss of data. Although Airpay adopts security measures it considers appropriate, it does not guarantee that no person will overcome those measures and gain unauthorised access; Airpay shall not be liable for unauthorised access to, or alteration of, your transmissions or data by third parties, except to the extent such liability cannot be excluded under applicable law.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Airpay or any of its officers, directors, employees, agents or affiliates be liable for any consequential, incidental, indirect, special, punitive or exemplary damages whatsoever (including loss of profits, business interruption or loss of information) arising out of or relating to the Services, the provision of or failure to provide Services, unauthorised access to or alteration of your data, or any other matter relating to the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Airpay has been advised of the possibility of such damages. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. The disclaimers, limitations and indemnities available to Airpay extend, mutatis mutandis, to its affiliates and partners and their respective directors, officers, employees and agents. If you are dissatisfied with any part of the Services or these Terms, your sole and exclusive remedy is to discontinue using the Services.

Indemnification

You agree to indemnify and hold harmless Airpay, its agents, contractors, subsidiaries, affiliates, service providers, licensors, officers, partners and employees from any loss arising out of your breach of these Terms and from any third-party claim that your use of the Services has infringed any intellectual property or other right, or any applicable law or regulation. You shall bear all costs, damages, awards and legal fees awarded against Airpay arising from such claims, and shall provide Airpay with notice, authority to defend, and reasonable assistance, at your sole expense.

Waiver

No failure or delay by Airpay in enforcing any provision, exercising any option or requiring performance shall be construed as a waiver of that or any other right under these Terms.

Non-Transferability

The Services provided to you are not transferable and shall be used only by you. Airpay may transfer, assign or novate its rights and obligations under these Terms to any Airpay Group entity or successor, and any mandate given by you in favour of Airpay shall continue for the benefit of Airpay’s successors and assigns.

Severability

If any provision of these Terms is held invalid or unenforceable under applicable law, that provision shall, to that extent, be deemed omitted, and the remaining provisions shall continue in full force and effect. The invalid provision shall be deemed replaced by a valid, enforceable provision that most closely reflects the original intent.

Notices, Records and Electronic Disclosures

Notices to you may be given by e-mail or by delivery to the address you provide. You agree to receive electronically all disclosures, notices and transaction-related notifications (such as bill details, payment advices and return advice) that Airpay is required or entitled to provide. If you do not wish to receive disclosures electronically, you must inform Airpay, in which case Airpay may discontinue the provision of the Services, in whole or in part. Airpay shall keep records only as required by applicable law and is not otherwise obliged to keep records of transactions or to pre-screen data presented by payees.

Grievance Redressal and Nodal Officer

If you have any complaint, grievance, or concern regarding the Website, the Services, a transaction, or the processing of your Personal Data, you may contact us at dpo@airpay.co.in.

We will acknowledge and address complaints within the timelines prescribed under applicable laws and regulations. If you are not satisfied with the resolution provided, you may escalate the matter to the relevant regulatory authority, ombudsman, or other competent authority in your jurisdiction

Governing Law and Jurisdiction

These Terms are governed by, and construed in accordance with, the laws of the jurisdiction of the Airpay Group entity that provides the Services to you:

• India – the laws of India; disputes shall be settled by arbitration under the Arbitration and Conciliation Act, 1996, seated in Mumbai, and subject thereto the courts of Mumbai shall have exclusive jurisdiction.
• United Arab Emirates – the laws of the United Arab Emirates as applicable to the relevant Emirate/free zone; the competent courts of [Emirate/free zone] shall have jurisdiction.
• Tanzania – the laws of the United Republic of Tanzania; the competent courts of Tanzania shall have jurisdiction.
• Zambia – the laws of the Republic of Zambia; the competent courts of Zambia shall have jurisdiction.

Airpay Group accepts no liability for compliance with the laws of any jurisdiction other than that of the contracting Airpay entity, except to the extent required by applicable law. Accessing or using the Services from another country does not, by itself, subject these Terms or the Services to the laws of that country

Contact Us

For questions about these Terms, contact Airpay at dpo@airpay.co.in