Terms And Contition

Definitions & Interpretations

"Applicable Law" encompasses all relevant statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives, and orders issued by any governmental authority, statutory authority, board, or recognized stock exchange, as may be applicable within the jurisdiction of India.

"Confidential Information" refers to the Intellectual Property as well as any business, technical, and financial information of Baxico Traders or its affiliates that is disclosed to the User in connection with the arrangements contemplated in these Terms of Use or any other document incorporating these Terms of Use by reference. This includes, but is not limited to, information pertaining to Baxico Traders's financial and business operations, such as specifications, models, merchant lists/information samples, reports, forecasts, current or historical data, computer programs or documentation, and all other technical, financial, or business data. It also encompasses information related to Baxico Traders's internal management, customers, products, services, anticipated products/services, processes, financial condition, employees, merchants, Intellectual Property, marketing strategies, experimental work, trade secrets, business plans, business proposals, customer contract terms and conditions, compensation/commission/service charges payable to the User, and any other valuable confidential information and materials that are commonly treated as confidential or proprietary, regardless of whether they are specifically identified as such. “Effective Date” or “Registration Date” shall mean the date of registration of the account of the User on Baxico Traders’s platform. "Intellectual Property" refers to all forms of intellectual property utilized for the purpose of, in association with, or in relation to the performance of these Terms of Use and the applicable agreement.
This includes, but is not limited to: (a) Software, operating manuals, software code, programs, instructions, specifications, processes, input methods, data, or information utilized in connection with, or in association with, or for the operation of the software installed by the Company; (b) Trademarks, service marks, trade names, business names, logos, symbols, styles, color combinations used by the Company during its business operations, as well as all depictions, derivations, and representations, graphics, images, content, and the overall "look and feel" associated with the aforementioned; (c) Information, data, or material in any form, tangible or intangible, provided by the Company to the User throughout the duration of the applicable agreement; (d) Techniques, formulae, patterns, compilations, processes, inventions, practices, methodologies, improvements, utility models, procedures, designs, skills, technical information, notes, experimental results, service techniques, samples, product or service specifications, labelling specifications, rights pertaining to software, and any other knowledge or know-how of any nature whatsoever. The above definition encompasses all intellectual property rights and interests, whether currently existing or arising in the future, and irrespective of the mode or form in which they are expressed or embodied. “Baxico Traders Policies” shall mean and include the Terms of Use, Privacy Policy, Grievance Policy and any other such terms and conditions/policies available and updated from time to time on the Baxico Traders Platform. “KYC” or “Know Your Customer” shall mean the process prescribed under the Applicable Law to collect and authenticate the User’s personal or business identification details before offering the Services to the User. “Services” refers to the range of services offered by Baxico Traders and its associated Service Providers to the Users through the Baxico Traders Platform. These services may include, but are not limited to, banking services, non-banking services, and other similar services provided directly by Baxico Traders or in collaboration with Merchants. “Service Provider” refers to any banking or non-banking entity with which Baxico Traders has entered into a direct or indirect agreement to facilitate Transactions between the said entity and its customers. This agreement enables Baxico Traders to provide intermediary services and facilitate the seamless flow of transactions between the Service Provider and its customers.
"Users" refers to individuals, including all types of legal entities such as body corporates, partnerships, limited liability partnerships, and any other relevant entities, who utilise Baxico Traders services through the Baxico Traders platform. These users engage with Baxico Traders to avail various services offered through the platform. “Merchant” shall mean the User/Retailer/Distributor/Super Distributor making Payments to the Company to avail the Services. “Website” refers to Masterpays.in accessible from www.Masterpays.in “Company” Shall be referred to as either “Baxico Traders”, “Masterpays”, “Baxico Traders”,”We”,”us”,”Our” for the purpose of the entire agreement.

Acceptance of Terms:

Your acceptance and agreement to comply with these terms and conditions are deemed to occur upon your initial use of the Website and its Mobile Application. By registering/signing up to use the Platform, you confirm that you have reviewed all the Terms and consent to their binding effect. Furthermore, you acknowledge that you have familiarised yourself with our Privacy Policy and agree to its terms and conditions.
You agree not to use the Website/Mobile Application for any unlawful or prohibited purpose as outlined in these terms and conditions. If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are duly authorised to enter into legally binding contracts on behalf of your employer. Furthermore, you warrant that your employer agrees to be bound by these terms and conditions. By registering to use the Platform, you affirm that the credentials you have provided are valid and may be utilised to verify your identity.
Please note that the Website/Mobile Application, Tools, and Services are intended for use solely within the jurisdiction of India. The Company makes no representation that the Tools or Services provided on the Website/Mobile Application are suitable or available for use outside of India. If you access the Website/Mobile Application and use the Tools and Services from locations outside India, such access and use would be considered illegal.
The Company reserves the right to restrict the availability of the Website/Mobile Application, tools, or Services to any individual, geographical area, or jurisdiction at any time and at its sole discretion. Despite the fact that this website/Mobile Application may be accessed from locations where Baxico Traders does not conduct business, we do not represent that we are conducting business in those locations, or that our services or products will be available in any particular state, country, or jurisdiction.
This website/Mobile Application is not specifically targeted to users in any particular locality. By accessing our website/Mobile Application, you agree and understand that our website/Mobile Application and its contents shall not be used to establish personal jurisdiction over our website/Mobile Application in locations where we are not currently conducting business.

Eligibility to use the website/App:

Our services are available to any individual who possesses a valid email address and an Indian mobile phone number. The Platform should only be accessed and utilized by individuals who meet the eligibility criteria for entering into legally binding contracts as defined by the Indian Contract Act and are considered "competent to contract" under Section 11 of the Indian Contract Act. It is important that you comply with all applicable laws and regulations of India when accessing and using the Website. If you are representing an entity, organisation, or any other legal person, you confirm and warrant that you have the necessary authority and power to bind such entity, organisation, or legal person to these Terms. Individuals who have been suspended or barred by "Baxico Traders" from using any of its services are not eligible to avail themselves of the services provided by "Baxico Traders." Users are strictly prohibited from impersonating any individual or entity and from providing false information about their identity, age, or affiliation with any person or entity. The company reserves the right to deny access to the Services offered on the Website to new Users or to terminate access granted to existing Users at any time without providing any reasons for such actions.

Information at the time of registration:

You Must acknowledge and agree that the information provided to “Baxico Traders” during the registration process and at all other times, including payment transactions, must be truthful, accurate, up-to-date, and complete. Also, at the time of registration of account on the Website/Mobile Application, you are bound to provide your genuine and accurate information, which may include, but is not limited to, your full name, firm/company name, complete address, mobile number, email address, PAN number, Aadhar number, GST number, etc.

Security of Account:

Baxico Traders identifies its Users' account via provided registered mobile number and registered email id for delivering its services. It strongly recommended/advised that while creating the account on Baxico Traders, users must create a strong security password to secure the account. Also not to share account credentials (Including user id & Password) to any one. It is important to note that neither Baxico Traders nor its service providers will ever request a user's Account password or any other confidential information. If a user suspects that their Account is no longer secure, it is essential to immediately change the Account password and intimate Baxico Traders.

Account Reclamation for Inactive Accounts:

If an account is deemed excessively inactive, Baxico Traders reserves the right to reclaim the account without prior notice to the user involved. An account is classified as inactive when the user has not logged in or performed any transactions for a continuous period of 6 months or more.

Third Party Sites, Products and Services:

Baxico Traders may provide links or references to other websites or services for the convenience of its users. It's important to note that Baxico Traders does not endorse these Reference Sites or the information, materials, products, or services those websites contain or offer. Any interactions or transactions between users and Reference Sites are solely the responsibility of the users and the Reference Sites involved. Users access and use Reference Sites, including the information, materials, products, and services available on or through them, at their own risk. Baxico Traders disclaims any liability for the content, actions, or policies of these Reference Sites.

Limitation of Liability:

In no case “We” along with our officers, directors, shareholders, employees, subcontractors, agents, parent companies, sister companies, subsidiaries, and other affiliates, will not be held responsible for any direct, indirect, incidental, consequential, or other types of damages or losses. This includes things like loss of profit, loss of data, work interruption, costs, expenses, and payments.
It doesn't matter if the alleged liability or legal action is based on a contract, negligence, intellectual property infringement, product liability, or strict liability. These damages or losses may arise from your use or inability to access and use our platform or services.
They could also be a result of any service failure, error, or downtime, or mistakes made by our staff. Additionally, reliance on content provided through our services, communication with us, denial or cancellation of information requests, or retention, deletion, or disclosure of content can also be factors.
These apply regardless of whether we were informed about the possibility of such damages occurring. • We shall not be held responsible for any issues or technical malfunctions related to any telephone networks or lines, computer online systems, servers or providers, computer equipment, software, email failures due to technical issues or internet traffic congestion. Additionally, our Website/Mobile Application disclaims any liability for any problems arising from the use of the www.Masterpays.in Services or a combination thereof.
• We shall not be held responsible for any errors, omissions, interruptions, losses, deletions, defects, theft, illegal transactions, destruction, or unauthorized access to, or alteration of, any content uploaded to Our Website/Mobile Application. It is important to note that our Website/Mobile Application serves as an intermediary platform and therefore cannot be held liable for any illegal transactions conducted for any reason or purpose.
• While We diligently strive to include accurate and up-to-date information, still we shall not assume responsibility for any erroneous, incorrect, inaccurate or misleading content uploaded on the website or in connection with the Website/Mobile Application services. This applies regardless of whether such content is attributable to users or any associated equipment or programming utilized in the website/Mobile Application services.
• Our total aggregate liability to you, for any claim arising out of or in connection with the provision of the website/Mobile Application services, including claims based on contract, tort, negligence, or any other legal theory, shall be limited to the amount of charges paid by you specifically for the services that are the subject of the claim.
• We shall not be held liable under any circumstances for any delay, failure, or disruption of the content or services delivered through the website/Mobile Application that directly or indirectly results from acts of nature, forces, or causes beyond its reasonable control. Such events include, but are not limited to, internet failures, failures of computer or telecommunications equipment, electrical power outages, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, natural disasters, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance by third parties.
• As part of our risk management measures, we retain the right to impose limitations or restrictions on transaction size, amount, and/or monthly volume at any given time. The decision to implement such measures will be based on various factors and will be made at our sole discretion.
• Users acknowledge that, as a security measure, we reserve the right, at our sole discretion, to permanently or temporarily block specific card numbers, account numbers, groups of cards, or transactions associated with blocked or blacklisted cards/accounts. We may also implement restrictions on specific IP addresses, devices, geographic locations, or any other risk mitigation measures we deem necessary.
• Users acknowledge and understand that “We” have the right to reject the authentication and/or authorization of any transaction placed by Users for various reasons, including but not limited to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management considerations, suspicion of fraudulent transactions, sale of restricted or banned items, use of compromised cards or bank account numbers, use of banned/blacklisted cards or bank account numbers, use of suspicious API, compliance with regulatory requirements, Issuing and Acquiring Institution policies, Card Network rules and guidelines, and any other applicable laws, rules, regulations, and guidelines in force in India.
• Users acknowledge that the warranty, disclaimers, and limitations of liability stated herein represent a reasonable and fair distribution of risk between Users and Baxico Traders. Users further acknowledge that these warranty provisions, disclaimers, and limitations of liability are fundamental to the agreement between Users and Baxico Traders. Without these limitations, Baxico Traders would not be able to provide its services to Users on a commercially viable basis.
• Users acknowledge and agree that Baxico Traders has established its products and services, determined its prices, and entered into these Terms of Use and Applicable Agreement with the understanding and reliance upon the warranty, disclaimers, and limitations of liability specified herein.
• In any case Baxico Traders or its directors, agents, officers, or employees shall not be held liable for any special, direct, indirect, punitive, incidental, or consequential damages, or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability, or any other legal theory, arising from any of the following: 1. The use or inability to use the website; 2. Any defects in goods, samples, data, information, or services purchased or obtained from a User(s) or a third-party service provider through the website; 3. Violation of third-party rights or claims or demands that the User(s) manufacture, import, distribute, offer, display, purchase, sell, and/or use products or services offered or displayed on the website, which may violate or be asserted to violate third-party rights; 4. Unauthorised access by third parties to data or private information of any User(s); 5. Statements or conduct of any User(s) of the website; 6. Any matters relating to Premium Services, including but not limited to negligence, regardless of how such matters may arise. 7. Fraudulent electronic transactions. 8. Use of counterfeit or stolen cards or devices. 9. Any transactions entered into by any third person or conduct of any other third party or any infringement of another’s rights 10. Our Website/Mobile application is not responsible for any corruption, misguiding or missing of submitted data from you regarding credit card, debit card or any other e-payment detail, e-wallet etc. Please note that the limitations and exclusions of liability stated herein apply to the fullest extent permitted by applicable law.

Representations & Warranties:

Any user using our product/services represents & warrants that:
• The user has been given ample time and opportunity to carefully read and review these Terms of Use. They have had sufficient time to evaluate and assess the provision of services under the Applicable Agreement, as well as the financial requirements and associated risks involved, AND
• The user is required to promptly inform Baxico Traders of any violation or potential violation of these Terms of Use, as well as any circumstances that may harm the goodwill and reputation of Baxico Traders, AND
• The user is responsible for obtaining all necessary consents and approvals from regulatory or governmental authorities, including obtaining customer consent when transferring data to the User and/or the Baxico Traders Platform, in accordance with applicable laws and regulations, AND
• The user is solely responsible for and agrees to strictly comply with the Privacy Policy and applicable laws governing its obligations under the Applicable Agreement. This includes, but is not limited to, data protection, security, anti-piracy measures, and following regulatory directives regarding payment data. The user is also responsible for obtaining and maintaining all necessary registrations required by applicable laws to operate the business in accordance with the Applicable Agreement, AND
• The user shall not engage in any unauthorised attempts to access any part or functionality of the Platform, or any connected systems, networks, servers, computers, or services provided on or through the Platform. This includes activities such as hacking, password mining, or any other unlawful methods of gaining access, AND
• The user shall promptly notify the Company if they have not filed their Income Tax Return in accordance with Section 139(1) of the Income Tax Act, 1961 for the previous financial years starting from FY 2018-19. The user also agrees to indemnify and hold Baxico Traders harmless against any losses, claims, liabilities, costs, taxes, interest, and penalties imposed by government and regulatory authorities due to non-compliance with Section 206AB or any other provisions of the Income Tax Act, 1961. Additionally, the user acknowledges that in the event of non-compliance with the aforementioned section, the Company may recover the TDS amount from the user, along with any applicable interest and penalties.

Indemnification:

User agrees to indemnify, defend, and hold Baxico Traders, its affiliates, contractors, employees, officers, directors, agents, and its third-party suppliers, licensors, and partners harmless from any and all claims, demands, actions, suits that may be threatened or brought against Baxico Traders. User also agrees to indemnify Baxico Traders for all losses, damages, liabilities, costs, charges, and expenses, including legal fees and expenses, arising out of or related to:
• Any breach of representations, warranties, and covenants made by the User in these Terms of Use or the Applicable Agreement. OR
• Any violation by the User of the Terms of Use or the Applicable Agreement, OR
• Users’ use or misuse of Baxico Traders’s services or of the Site/application, OR
• Any claim, legal notice, or quasi-legal proceedings to which Baxico Traders may be required to become a party or subjected by any person, including any governmental authority, due to the breach of any Applicable Law, OR
• Due to the failure of a User to obtain any required statutory or regulatory approval necessary for the performance of its obligations in the Applicable Agreement with Baxico Traders, OR
• Any breach of any Applicable Laws, GST and rules and regulations: OR
• Any breach or non-performance by the user of any of the provisions of this Agreement and/or any Schedules, breach of confidentiality, Intellectual property rights, inaccuracy of Cardholder billing information, Chargeback and refunds, any fines, penalties or interest imposed directly or indirectly on Baxico Traders on account of Merchant under this Agreement and/or any schedules; OR
• Any claim or proceeding brought by Merchant (s) vendors/suppliers, the Cardholder or any other person against Company, in respect of any product/services offered by Merchant; OR
• Any act, neglect or default of Merchant(‘s) agents, employees, licensees or Cardholder; OR
• Merchant/Users shall also fully indemnify and hold harmless Baxico Traders and the Facility provider against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party that Merchant(‘s) services infringes any intellectual or industrial property rights of that third party; OR
• All liability, claims, damages, costs, expenses suffered or incurred by Baxico Traders as a result of any act or violation by User under Section 269ST of the Income Tax Act, 1961 while acting as collection agent of the Company, OR
• Baxico Traders reserves the right, at User's expense, to assume the exclusive defence and control of any matter for which the User is required to indemnify Baxico Traders, including the right to settle. The User agrees to cooperate with Baxico Traders in its defence and settlement of such claims. Baxico Traders will make reasonable efforts to notify the User of any claim, action, or proceeding brought by a third party that is subject to the aforementioned indemnification, upon becoming aware of it.

Governing Law and Dispute Resolution:

These Terms of Use shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions and the exclusive jurisdiction of competent courts in New Delhi, India. However, you agree that if you have any concern or dispute about our products or services, you will first try to resolve the dispute informally by contacting the company.

Termination:

This Agreement shall remain in full force and effect while you continue to use the website/Mobile Application. However, Baxico Traders reserves the right to Suspend/ terminate or restrict access to certain areas or features of the website/Mobile Application at its sole discretion, with or without notice. We also reserve the right to deny access to specific users, without prior notice or explanation, in order to safeguard the interests of our website/Mobile Application and/or other visitors.
Furthermore, we reserve the right to limit, deny, or modify access to the website/Mobile Application and its features for different users or Merchants, or to make changes to existing features or introduce new features without prior notice. Our website/Mobile Application may temporarily or permanently terminate the account of any user for any of the following reasons:
• the User is in a breach of these Terms of Use or any Baxico Traders Policies; OR
• the User is engaged or is suspected to engage in any restricted, illegal, fraudulent or abusive activity; OR
• the User provides any information which is incomplete, inaccurate or false or Baxico Traders has reason to believe that such information is incomplete, inaccurate or false; OR
• Utilise websites to send spam messages or repeatedly publish the same product information; OR
• Post any material to members that are not related to trade or business cooperation.
• Impersonate or unlawfully use another companies name to post information or conduct business of any form; OR
• Any unauthorised access, use, modification, or control of the website/Mobile Application database, network or related services.
Any suspension or termination of the User's access to the Baxico Traders’s Platform and Services shall be without prejudice to Baxico Traders’s right to exercise any other remedy available to it under the applicable law.

Force-Majeure:

For the purposes of these Terms of Use, force majeure events shall include, but are not limited to, acts of God, failures or disruptions, government orders or restrictions, war or warlike conditions, hostilities, sanctions, mobilizations, blockades, embargoes, detentions, revolutions, riots, looting, strikes, labour stoppages, lockouts, or other labour troubles, earthquakes, fires, accidents, epidemics, and/or pandemics.
Baxico Traders shall not be held liable for any failure to perform its obligations under these Terms of Use to the extent that such failure is due to causes beyond its reasonable control. In the event of a force majeure event, if Baxico Traders is unable to perform its obligations, it shall provide written notice to the User explaining the circumstances causing the force majeure. The performance obligations of Baxico Traders will be extended for a period of time equal to the length of the delay caused by the force majeure event. However, if the delay exceeds ninety days, either party may choose to terminate the unperformed portions of these Terms of Use by providing written notice to the other party at least ten days in advance.

Statute of Limitations:

Users also understand and agree that, any cause of action arising out of or related to these Services must commence within one (1) month after the cause of action arose. Failure to initiate such a cause of action within the prescribed time limit may result in the permanent bar of such action. If you do not agree with any of our Terms and Conditions mentioned above, please refrain from accessing or using our services.

Communication Policy:

We may send transactional or non-transactional business communications via SMS, email, or push notifications as part of its efforts to fulfil the User's requests or service their account. Even if a User opts out of marketing communications, they may still receive transactional and critical communications from us.
We also will make reasonable efforts to provide notifications, and it will be assumed that the User has received the information sent by the Company during their use of our Platform (Website/Mobile Application) or when availing any Services. Baxico Traders is not obligated to confirm the authenticity of the recipient(s) of the notifications. The User acknowledges that the Company cannot be held liable for any non-availability of the notification service in any manner.

Modification:

Baxico Traders reserves the right to modify these Terms of Use, including adding, removing, or changing any part of it (each, a "change"), at any time. Such changes will be communicated to Users by posting a notification on the Site or through other means of communication. The changes will take effect and be deemed accepted by Users 24 hours after the initial posting. The modified terms will apply immediately to payment transactions initiated after the posting date. If Users do not agree with any modifications, their only recourse is to terminate their use of the Services.

Intellectual Property Rights:

The services and the Site provided by Baxico Traders are owned and operated by Baxico Traders and/or third-party licensors. The Materials, which include visual interfaces, graphics, design, compilation, information, computer code (source code and object code), products, software, services, and all other elements of Baxico Traders's services and the Site (referred to as the "Materials"), are protected by applicable laws.
As a User, you acknowledge that all Materials and Baxico Traders's Intellectual Property belong to Baxico Traders and/or third-party licensors or suppliers. You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices of Baxico Traders or any third party that are affixed to or contained within or accessed through Baxico Traders’s services. Unauthorised use of the Materials or Baxico Traders's Intellectual Property, including selling, licensing, distributing, copying, modifying, publicly performing or displaying, transmitting, publishing, editing, adapting, creating derivative works, or any other unauthorised use, is strictly prohibited unless expressly authorised by Baxico Traders.
is a violation of the terms and protected by law. The Parties acknowledge that they do not acquire any rights or interests in the other Party's Intellectual Property. Any use of Intellectual Property by either Party shall be solely for the purpose of fulfilling and complying with the terms of the agreement between the Parties. Also, the Parties agree not to engage in or permit others to engage in reverse engineering or disassembly of any components of the other Party's Intellectual Property. It is the policy of Baxico Traders to terminate the membership privileges of any member/user/merchant who infringes the copyright rights of others, upon receiving prompt notification by the copyright owner or their legal agent/advisor.
User agree and undertakes that;
• they shall use the Intellectual Property solely for discharge of their duties under the Applicable Agreement, AND
• they shall use Intellectual Property of other party only in the form and manner stipulated by such other party, AND
• they shall seek prior written consent from other party for use of such party’s Intellectual Property which is not previously provided for by such Party, AND
• they shall render to other party all assistance in connection with any matter pertaining to the protection of such party’s Intellectual Property whether in courts, before administrative agencies, or otherwise, AND
• they shall refrain from taking any action which shall or may impair other party’s right, title or interest in the Intellectual Property, or create any right, title or interest therein or thereto, adverse to that of the other party, AND
• they shall not use or permit to be used the Intellectual Property by any unauthorised person, AND
• they shall not misuse the Intellectual Property or use it together with any other mark or marks.

Confidentiality:

The User agrees to maintain the confidentiality of Confidential Information. The User acknowledges that it must safeguard Confidential Information with appropriate security measures and treat it with the same level of care as it would treat its own confidential information. The User shall only use Confidential Information in relation to the relevant transaction and not disclose it to any unauthorised parties. The User understands the importance of maintaining the secrecy and confidentiality of customer data/information and transaction records, and agrees that neither the User nor its employees, directors, etc. will engage in any actions that would violate this obligation.
However, Confidential Information shall not include the following:a) Information that is already in the possession of the receiving Party and not subject to any other confidentiality obligation.
b) Information that is publicly available at the date of these Terms of Use, or becomes publicly available through means other than a breach of these Terms of Use by the receiving Party.
c) Information that is lawfully obtained by the receiving Party or its affiliates or professional advisors from a third party without any breach of contractual or legal obligations.
d) Information that is independently generated or developed by the receiving Party or its affiliates or professional advisors.
These exclusions are not exhaustive and may be subject to other provisions specified in these Terms of Use.
The User also agrees not to disclose any Confidential Information received from the Company to any third party without the prior written consent of the Company, except in the following circumstances where consent is not required: • Disclosures to directors, officers, employees, affiliates/subsidiaries/group/holding companies, and third-party service providers, as determined by the disclosing Party to have a reasonable need for the Confidential Information.
• Disclosures to legal and other professional advisers, engaged by the disclosing Party and determined by the disclosing Party to have a reasonable need for the Confidential Information.
• Disclosures required by law or any applicable regulatory, supervisory, judicial, or governmental order, or at the request of any regulatory, supervisory, judicial, or government authority.
These exceptions are subject to the understanding that the recipients of the Confidential Information will also be bound by confidentiality obligations or other applicable legal obligations.

Disclaimer:

To the maximum extent permitted by Applicable Law, Baxico Traders and its officers, directors, employees, and agents hereby disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by a User from Baxico Traders or through Baxico Traders's services or the Site shall create any warranty not expressly stated herein. Baxico Traders does not authorise anyone to make any warranty on its behalf, and Users should not rely on any such statements.
Users acknowledge that Baxico Traders acts as a reseller and shall not be held liable for any obligations of third-party sellers. It is the User's responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, merchandise, and other information provided through the Site or on the internet in general. Baxico Traders does not warrant that its services will be uninterrupted or free from errors, viruses, or other harmful components, and it does not guarantee the correction of any defects mentioned above.
Baxico Traders's services, the Site, and any data, information, third-party software, reference sites, or software made available in conjunction with or through its services and the Site are provided on an "as is" and "as available" basis, with all faults, without warranties or representations of any kind, whether express or implied. Baxico Traders and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of Baxico Traders's services, the Site, or any reference sites in terms of correctness, accuracy, reliability, or any other aspect.

Advertiser’s Terms:

Every Advertiser agrees to utilise the Network provided by the website/Mobile Application and the website/Mobile Application agrees to make the Network available during the agreed Term for the purpose of placing Ads from Advertiser on Publisher Websites, in accordance with the terms and conditions stated in this Agreement.
It is understood that Advertisers bear sole responsibility for soliciting all Ads, placing Ads through the Network, and addressing inquiries related to such Ads. All copyright, database rights, trademarks, and design rights pertaining to our website/Mobile Application and the material published on it are the property of the website/Mobile Application.
Advertisers are prohibited from using such materials without obtaining prior permission from the company. Advertiser assumes full responsibility for any loss or damage incurred by users of the website/Mobile Application.

Miscellaneous:

Miscellaneous SEVERABILITY: If any provision of these Terms of Use is determined to be unlawful, void, invalid, or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use shall remain valid and enforceable.
ASSIGNMENT: These Terms of Use and any rights granted hereunder may not be assigned by the User without the prior written consent of Baxico Traders. However, Baxico Traders may assign these Terms of Use and its rights hereunder without any restriction. Any attempted assignment in violation of this provision shall be void and ineffective. HEADINGS: The headings used in these Terms of Use are for convenience purposes only, do not form a part of these Terms of Use, and shall not be deemed to limit or affect any of the provisions herein.
NOTICE: Baxico Traders may provide Users with notices and communications by email, regular mail, or through posts on the Baxico Traders website(s), or by any other reasonable means. Unless otherwise specified, notice to Baxico Traders must be sent by courier or registered post to the following address: S-557, S/F Pvt Office No- 04, School Block, Shakarpur Delhi East Delhi DL 110092 IN.
WAIVER: The failure of Baxico Traders to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use shall be effective only if it is in writing and signed by Baxico Traders.
RELATIONSHIP BETWEEN THE PARTIES: The Parties do not intend for these Terms of Use to create a joint venture, pooling arrangement, partnership, agency, or formal business organisation. Baxico Traders and the User shall be independent contractors with respect to each other at all times, and neither Party shall act or hold itself out as an agent or representative of the other Party. Neither Party shall create or attempt to create liabilities for the other Party by acting or holding itself out as such.

Recharges

We only operate as a trusted reseller, offering recharge services for various prepaid and postpaid mobile phones and DTH services. It is important to note that we are not a telecommunications company/service provider or a DTH service provider itself.
Rather, we collaborate with telecommunications and DTH service providers, as well as other distributors or aggregators, to facilitate the availability of their services to our valued customers. As a reseller, we do not provide any warranty or guarantee for the services offered by the respective service provider(s). The recharge services sold by us to users are done so without recourse against us for any breach of contract by the telecommunications service provider. Any disputes or concerns regarding the quality, minutes provided, cost, expiration, or any other terms of the recharge purchased should be addressed directly between the user (or the recipient of the recharge) and the telecommunications service provider. At Masterpays, we strive to ensure a seamless experience for our customers by providing reliable recharge services. However, it is important to understand that the relationship for the provision of telecommunications or DTH services lies between the user and the respective service provider. We encourage our customers to directly engage with the service provider to resolve any issues or queries related to the services received. We value the trust you place in with us as your recharge service provider and remain committed to offering convenient and efficient services. Should you have any questions or require assistance, our dedicated customer support team is available to address your concerns and guide you through the process.

Domestic Money Transfer:

We acknowledge that timely domestic money remittance services are of utmost importance to our valued users. However, there may be circumstances beyond our control that could result in delays in the delivery of such services. In such cases, where the delay is due to reasons attributable to the Bank, NPCI, RBI, or any statutory/governmental authority, we shall not be held responsible. By utilising our domestic money remittance services, the user agrees to abide by all the applicable terms and conditions outlined in our Agreement with the Bank. These terms and conditions govern the provision of domestic money remittance services and establish the rights and obligations of both the user and Baxico Traders.
Furthermore, it is imperative for the user to ensure that the funds uploaded to their Masterpayswallet are obtained from legitimate sources and not derived from any unlawful activities or proceeds of crime. We strictly adhere to anti-money laundering regulations and expect its users to comply with all legal requirements pertaining to the source and use of funds. While We strive to provide efficient and seamless domestic money remittance services, it is important to note that certain factors, such as regulatory guidelines or unforeseen circumstances, may impact the speed and delivery of the services. In such instances, We will make every effort to mitigate any delays and communicate with the user accordingly.

Rail/ Bus/ Air Tickets/ Bill Payments/ Insurance Premium:

We are proud to offer a convenient platform for users to book Bus, Air, and Rail tickets, Bill Payments etc. Still It's important to note that we do not operate transportation services directly. Instead, we provide a platform that enables users to select their preferred operators and modes of transportation based on their individual preferences and convenience. Our responsibility primarily lies in facilitating ticket issuance, cancellations, refund support, and providing relevant information to assist users in their travel arrangements. However, it is essential to understand that “we” cannot be held responsible for any issues that may arise during the user's travel experience, including but not limited to issues related to time schedules, services offered, or luggage safety. These aspects are solely within the domain of the respective service providers chosen by the user. Cancellation and refund processes will be carried out in accordance with the terms and policies of the specific service provider. Users/passengers are expected to comply with all terms and conditions set by the service providers, which may include requirements such as carrying a valid ticket, providing appropriate identification proof, and refraining from carrying any combustible or dangerous items or weapons. Any facilities, services, or amenities displayed as part of a deal or transaction are the sole responsibility of the service provider. “We” does not assume any responsibility for such offers or deals. Users are encouraged to make inquiries and carefully evaluate any offers before making a decision. In the case of bill payments or insurance premium payments, users are responsible for providing complete, correct, and necessary information to facilitate the payment process. Failure to provide accurate information may result in transaction rejection, suspension, or termination of the user's account for future operations.
“We” shall not be held liable for any consequences arising from:
• Insufficient funds in the user's account.
• Rejection by bank or a financial institution for any reason as per their process or procedure.
• Any reason which is not attributable to or beyond the control of Masterpays.
• Incorrect, incomplete or any false information.
• Any rejection or discrepancy by the respective service provider (to whom payment is to be made)

Fraudulent Transactions:

If Baxico Traders receives notification from the bank regarding a customer reporting an unauthorised debit or chargeback ("Fraudulent Transaction") involving the customer's Payment Instrument, Baxico Traders will notify the User. The User shall have the right to provide documents and information related to the Transaction associated with the Chargeback within one (1) day (or such other period specified by the bank).
• The User acknowledges and agrees, that if the User fails to provide the necessary Chargeback Documents or if the bank is unsatisfied with the Chargeback documents provided by the User, the bank may instruct Baxico Traders to reverse the debit of the Chargeback Amount associated with the Chargeback, thereby crediting the said chargeback amount to the customer's Payment Instrument.
• Baxico Traders is also authorised to suspend the settlement of the disputed amount or withhold the value of the transaction under dispute following the settlement of the transaction, pending inquiries, investigations, and resolution by the User's Service Providers.
• If the amount related to the Fraudulent Transaction has already been settled to the User, any dispute arising from the said Fraudulent Transaction shall be resolved in accordance with the notifications, circulars, and guidelines issued by regulators or Service Providers from time to time.
• The User further acknowledges and agrees that they are liable to pay fines, penalties, and charges imposed by banks, card payment networks, or any regulatory authority for Transactions that violate Applicable Law.
• Furthermore, If the available Transaction Amounts are insufficient to cover the Chargeback Amount, then Baxico Traders has the right to issue a debit note requesting reimbursement of the Chargeback Amount from the User. The User shall reimburse the Chargeback Amount within three (3) working days upon receipt of the debit note.
• The Parties agree that any payment instructions for Transactions accepted by the User under the terms herein that are later disputed due to (a) the User authorising a Transaction exceeding their account balance or credit limit, or (b) the User authorising a fraudulent Transaction, shall be solely the liability and responsibility of the User.
The User hereby acknowledges and agrees that Baxico Traders acts as a facilitator for payment processing services requested by Users and shall not be held responsible for any unauthorised transactions conducted by any person, including third parties, resulting in infringement of another's rights or any customer chargebacks. It is the User's responsibility to ensure proper protection while conducting transactions online or otherwise. Baxico Traders will assist Users in resolving any queries related to the Services that arise between Users and their customers. However, Baxico Traders bears no responsibility for disputes or queries related to payments made by customers to Users.

Refund & Cancellation Policy :

General Refund Policy:
Once a value is debited from your payment instrument/bank account and you have received the same value in your Registered ID, there shall be no provision for cancellation or refund for such transaction. However, if, in a transaction performed by You on the our Platform, an amount has been charged to Your card or bank account and the corresponding value is not delivered within 24 hours of the transaction's completion, you shall notify us by sending an email to our customer services email address provided on the 'Contact Us' page of the MasterpaysPlatform. The email should include the following details: value, transaction date, and order number.Masterpayswill conduct an investigation into the incident, and if it is determined that money was indeed charged to Your card or bank account without delivery of the value, you will be entitled to a refund of the amount within 3-21 working days from the date of receipt of Your email. In every case, refund will be initiated only upon receiving a valid cancellation request/claim from the Baxico Traders’s user and from the registered email address. All refunds will be credited to the same instrument that was charged. Refunds will be processed within 72 working hours, only after the receiving refund confirmation from the concerned supplier/service provider. In some cases, it may take up to 7 working days due to some banking process for cards & netbanking. We shall not be held liable for providing refunds in cases where the Airlines/Hotel ceases operations or declares insolvency. Customers, clients, or agents shall not hold us responsible for refund payments that were assured at the time of ticket booking in such instances of Airlines/Hotel closure or insolvency. In certain circumstances, based on the assurance provided by the airlines/hotels/suppliers, We may choose to refund the amount to the customer. However, We reserve the right to recover the refunded amount in the event of Airlines/Hotels shutting down, becoming non-operational, or going bankrupt.
General Cancellation Policy:
The user acknowledges that there may be exceptional circumstances where service operators, such as airlines, hotels, transportation providers, or other entities, may be unable to fulfil confirmed bookings due to various reasons, including but not limited to climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations, and other similar factors. In such situations where the company is informed in advance about the possibility of booking dishonour, it will make its best efforts to provide a suitable alternative or refund the booking amount after deducting reasonable service charges, if supported and refunded by the respective service operators. The user agrees that the company, acting as an agent for booking services, shall not be held responsible for any such circumstances, and customers are required to directly contact the respective service provider for further resolutions and refunds. The user agrees that in cases of technical or other failures within the company, there may be instances where previously committed services cannot be provided or may require significant modifications. In such cases, the company will refund the entire amount received from the customer for availing those services, minus applicable cancellation, refund, or other charges, thereby discharging all liabilities of the company related to the non-provision of services or deficiencies. Any additional liabilities, if applicable, shall be borne by the user. The company shall not be liable for delays or inability to perform, in whole or in part, its obligations due to causes beyond its reasonable control, including but not limited to acts of God, fire, strikes, embargoes, government actions, acts of terrorism, or similar causes, as well as issues arising at the end of airlines, railways, buses, hotels, or other transport providers. In such events, affected users will be promptly notified to the extent possible. Notwithstanding anything stated above, the maximum liability of the company under any circumstances, in relation to any services offered on the site, shall be limited to the refund of the total amount received from the customer for availing the services, after deducting any applicable cancellation, refund, or other charges. Under no circumstances shall the liability include any loss, damage, or additional expenses beyond the amount charged by the company for its services. In no event shall the company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever, including without limitation, damages for loss of use, data, or profits, arising out of or in connection with the use or performance of the company website(s) or any other channel. The company shall not be responsible for any delay or inability to use the company websites or related services, the provision or failure to provide services, or any information, software, products, services, and related graphics obtained through the company website(s), or otherwise arising out of the use of the company website(s), whether based on contract, tort, negligence, strict liability, or any other legal theory. The company is not responsible for any errors, omissions, or representations on any of its pages or on any linked pages or websites.
Prohibited Activities:
Prohibited acts encompass a range of actions that are explicitly forbidden within a given context. These acts may include fraud, harassment, discrimination, copyright infringement, unauthorised access, spamming, data manipulation, illegal activities, and any violation of the terms and policies governing the specific service or platform. You agree and acknowledge that you will use our services only for lawful purposes and in accordance with the terms and conditions. You also agree and acknowledge that you will not be engaging in any of the following activities:
• Violating any applicable national or international laws or regulations;
• Exploiting, harming, or attempting to exploit or harm minors by exposing them to inappropriate content;
• Transmitting or soliciting the sending of unsolicited advertising, spam, or similar solicitations; • Impersonating the company, its employees, other users, or any individual or entity.;
• Respecting the rights of others and refraining from engaging in illegal, threatening, fraudulent, or harmful activities;
• Avoiding conduct that restricts or inhibits others' use or enjoyment of the service, which may harm or offend the company or other users;
• Using the service responsibly without causing disruption, damage, or impairment to the service or interfering with others' real-time activities;
• Not employing automated devices or processes, such as robots or spiders, to access or copy service materials without proper authorization;
• Obtain written consent before engaging in manual monitoring or copying of service materials or any other unauthorised purposes;
• Refrain from using any device, software, or routine that disrupts the proper functioning of the service;
• Do not introduce any malicious or harmful material, such as viruses, trojan horses, worms, or logic bombs, to the service;
• Do not attempt to gain unauthorised access, interfere with, damage, or disrupt any part of the service, including servers, computers, or databases;
• Avoid initiating denial-of-service attacks or distributed denial-of-service attacks against the service;
• Do not take actions that may damage or falsify the company's rating;
• Do not attempt to interfere with the proper functioning of the service in any other way;
• We strictly prohibit the collection of any additional charges from customers, whether it is for ticket cancellations or checking the availability status.
• The booking of I-tickets or counter tickets is strictly prohibited on our platform. Engaging in such activities is a violation of our terms and conditions, and it will result in immediate deactivation of the user ID. We prioritize the use of electronic ticketing methods to ensure convenience, efficiency, and compliance with applicable regulations.
• We strictly prohibit the sharing of access credentials to our web services and any engagement with third parties to sell e-tickets through unauthorised means. This includes engaging with e-commerce platforms operating websites, smartphone applications, or tablet applications. Additionally, the transfer or sharing of merchant ID provided by IRCTC is strictly prohibited. If any agent group is found guilty of such actions, we will take appropriate action against them.
• Merchant(s) are required to book tickets using only the agent IDs provided by IRCTC. Any misuse or unauthorised use of personal user IDs for commercial gains is strictly prohibited. In case of any violation, your merchant ID will be deactivated immediately, and appropriate punitive and legal actions will be taken against the responsible parties.
• Transfer and resale of tickets is strictly prohibited under Indian Railway Rules, as specified under Section 142. Any individual found involved in such activities will be subject to punishment as per the applicable laws and regulations.
• The usage of IRCTC's logo in visiting cards, letterheads, pamphlets, or any other form is strictly prohibited unless prior approval has been obtained from Company or IRCTC.
• The booking of benami eTickets is strictly prohibited. Any individual found engaging in such activities will be subject to prosecution as per the applicable laws.
• The practice of blocking accommodation by providing fictitious names in any train is strictly prohibited. Such actions are considered a criminal offence under the Indian Railways Act-1989 and carry severe penalties.
• Tampering, modifying, or altering the Electronic Reservation Slip (ERS) is strictly prohibited. Engaging in such activities is considered a criminal offence under Section 420 of the Indian Penal Code.
• Selling e-tickets booked through personal IDs for commercial purposes in any manner is strictly prohibited.
• No form of advertisement, whether in print or press media, shall be issued without obtaining prior written permission from Instantpay.

Mandates, Obligations & Duties:

Merchant shall diligently carry out its operations in full compliance with all relevant Terms, regulations, and standard operating procedures prescribed by the Bank or the regulatory authorities. This commitment ensures a responsible and lawful approach to all undertaken activities.
Merchant shall proactively safeguard its business operations by securing an adequate insurance policy, covering both financial and non-financial risks. This measure ensures comprehensive protection against potential obstacles and enhances the stability and resilience of the Digi Kendra's operations.
Merchant shall bear the necessary costs associated with its operations, as directed by the Company or the Bank, to ensure the efficient and seamless delivery of services to the valued customers. Merchant shall carefully select and engage any additional resource(s) necessary for its operations, with prior written approval from the Company. Merchants acknowledge and agree to comply with all relevant labour laws pertaining to its employees, including the associated costs.
We shall not have any authority, obligation, or responsibility to control, supervise, or manage the personnel, agents, or independent contractors.You also retain full autonomy and accountability over the workforce, ensuring adherence to labour regulations and maintaining a harmonious working environment. Merchant is expected to act responsibly and diligently in compliance with these Terms and Conditions.
They are required to exercise due care and diligence while fulfilling their duties and responsibilities outlined in these Terms and Conditions. Merchant also acknowledges their obligation to preserve data in accordance with the legal and regulatory requirements set forth by the Company, as well as any relevant circulars, guidelines, notifications, or directives issued by the Bank or other regulatory authorities.
Data preservation must align with the applicable laws and regulations, ensuring the security and privacy of the data entrusted to the merchants. Merchant is prohibited from asserting any lien, right to set-off, or appropriation on any assets, properties, documents, instruments, or materials belonging to the Company, Customers, or non-Customers that are under the custody of the merchant.
The merchant shall also not exercise any actions that may impede or interfere with the rights and ownership of the Company, Customers, or non-Customers over their respective assets and properties held by the merchant. The merchant is required to promptly disclose the charges, if applicable, for the services rendered to each Customer as provided by the Company.
It is the merchant’s responsibility to ensure that the charges for the services are clearly communicated to the Customer before the services are rendered. Transparent communication of service charges is essential to maintain clarity and fairness in the business relationship between the merchant and the Customer. The merchant is prohibited from charging any fee from the Customer, whether directly or indirectly, or on behalf of the Company, that exceeds the fee specified by the Company at any given time.
The Merchant is dedicated to delivering exceptional Services by diligently following the instructions provided by the Company. In the event of a security breach or confidential information leakage, the Digi Kendra commits to promptly informing the Company. In such circumstances, the merchant shall be liable for all the damages and repercussions. The merchant will ensure strict confidentiality and will not collect any additional sensitive personal information from customers.
Also information taken shall be strictly protected as per the Terms and Conditions. The merchant is strictly prohibited from engaging in any financial transactions with our employees, associates, agents, or personnel.
We shall bear no responsibility for any damages or losses incurred by the merchant as a result of such transactions, whether direct or indirect. In the event of any legal proceeding initiated by any customer, the merchant will promptly notify the Company and provide necessary documents for appropriate action. The Company shall not be held responsible for disputes between the merchant and any other entities. The merchant shall also refrain from making any representations or warranties to customers beyond those specified in the standard terms and conditions established by the Company.
In case of IRCTC ticket booking, the merchant must need to ensure that every transaction, whether it involves bookings or cancellations, is carried out with the full knowledge and consent of the customer.
To ensure compliance, merchants must retain customer requests and ID proofs for ticket booking and cancellation at their outlets for six months. These records should be made available to the company or IRCTC upon request.
Failure to provide written requests and ID proofs may result in a penalty of Rs. 5,000/- + Taxes per case. Safeguarding these records is essential, and their preservation is mandatory for the specified period. To ensure a smooth communication and ticketing process, it is mandatory to take the customer's or one of the passenger's mobile number while booking a ticket. Merchants also must ensure the accurate entry of mobile numbers on the Electronic Reservation Slip (ERS). Failure to comply with this requirement may result in a penalty of Rs. 5,000/- + Taxes per case. It is important to double-check and accurately record the mobile numbers to avoid any inconvenience or penalties. The Invoice should include essential details such as the Railway Fare, IRCTC's service charges, agent's service charges, and payment gateway charges. It is important to provide a transparent breakdown of these components to ensure clarity and accountability in the billing process. By including these details in the Invoice, customers can have a comprehensive understanding of the charges associated with their transaction. It is mandatory for the merchant to obtain a written request from the customers before TDR cases are filed with the Railways.
In the absence of written request/soft copy of the customer for filing TDR Claim, a penalty of Rs. 5000/- + Taxes per case will be imposed. If cash cards are used, it is advisable to retain the exhausted cards for refunds, if any. Merchant must refund the money as per cancellation rules to the customer immediately in all cases In case of refund of E-Tickets which could not be cancelled on website and TDR has been filled, the agent must inform the customer about the TDR refund process, take contact details & remit the refund to the customer as and when it is credited in the merchant/Agent ID. Merchants can conveniently check the status of Ticket Deposit Receipt (TDR) refunds through the MasterpaysPortal.
As per the policy, once the TDR claim amount is received by the Agent/merchant from Masterpays, it should be refunded to the customer within 5 working days. In the event that the TDR claim amount is not refunded to the customer within the specified time limit and is not returned to IRCTC, we take this matter seriously. Non-refund of the TDR claim amount will be considered a breach of policy, and appropriate penalties will be imposed as per the appropriate & applicable provisions of laws. Along with the refund, the refund details must be provided to the customer during cancellation.

Acknowledgement:

You acknowledge that you have read and accepted the Terms and Conditions (T&C) of the service or platform we are providing. By using the service or platform, you understand and agree to comply with all the terms outlined in the T&C document. You also acknowledge that it is important to review and understand the terms before using the service or platform, as they govern the relationship between the company and the user.