Terms & Conditions

Terms of Use

These terms and conditions (“Terms of Use” or “Terms of Service” or “Terms”) are a computer-generated electronic record published under Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (as amended from time to time) read with Information Technology Act, 2000 (as amended from time to time) and does not require any physical or digital signatures.

These Terms are legally binding and govern your use of “NEO INFRA FINTECH INCLUSION PVT LTD Platform” created, owned and operated by NEO INFRA FINTECH INCLUSION PVT LTD, a limited company incorporated under the laws of India, having registered office at B1/A5, Mohan Co-operative Industrial Estate, 512/513 T-1, 5th Floor, Assotech Business Cresterra, Sector - 135, GB Nagar, Noida, Uttar Pradesh, India. Please read these Terms carefully before using the Platform and/or availing any of the Services (defined below) provided by NEO INFRA FINTECH INCLUSION PVT LTD through its Platform.

By accessing or using the Platform or Services, you agree to be bound by these Terms and NEO INFRA FINTECH INCLUSION PVT LTD’s Privacy Policy. If you do not agree to be bound by these Terms and the Privacy Policy, you shall not use the Platform and Services in any manner whatsoever.

These Terms are in addition to and not in derogation of any other terms stipulated by NIFI pay from time to time. In case of any conflict between these Terms and such other terms, these Terms shall prevail. Throughout these Terms, “ we ” and “ our ” shall refer to NEO INFRA FINTECH INCLUSION PVT LTD and “ you ” and “ your ” shall refer to you, i.e., the User (defined below) of the Platform. Both NEO INFRA FINTECH INCLUSION PVT LTD and the User are collectively referred to as “ Parties ” and individually referred to as “ Party ” hereof.

Notwithstanding anything contained elsewhere, NEO INFRA FINTECH INCLUSION PVT LTD reserves the right to modify, alter, amend, revise these Terms, update the Platform and Services at any time, without prior notice, to improve your experience on the Platform and on account of changes in Applicable Law. It is strongly recommended that you visit the Platform periodically to review the latest and updated version of the Terms. If you do not agree with any changes made by us, you may stop using the Platform and Services. Your continued access or use of the Platform or Services after such modifications/updation shall constitute your acceptance of the modifications/updation.

Acceptance

These Terms were last updated on 10 August 2023. By accessing, signing-up and/or accepting or using the Platform or the Services in any manner whatsoever, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By accessing or using the Platform or Services, you represent that you have provided us with valid credentials which may be used to verify your identity. We reserve the right to restrict, suspend, or terminate your access to the Platform or Services, at any time without prior notice, if we believe that you are in breach of these Terms. For the security of your account and to enhance your overall experience on the Platform, we may use certain technologies to monitor your activities on the Platform. NEO INFRA FINTECH INCLUSION PVT LTD reserves the right to make your details available to its affiliates and partner institutions and you may be contacted by them for information and sales enquiries through e-mail, telephone and/or SMS. You agree to receive promotional materials and/or special offers from NEO INFRA FINTECH INCLUSION PVT LTD its affiliates and partner institutions. These promotional materials and/or special offers will be consent based and you will have the option to unsubscribe.

Eligibility

You shall register or become a User of the Platform or Services only if you are 18 years or above, and can enter into legally binding contracts as per Applicable Law. To access/use the Platform or Services, you need a valid e-mail address and Indian mobile phone number. Users who have been previously suspended or removed from availing any of the Services shall not be eligible to access/use the Platform or Services at any time. Users shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity and you may not have more than one active Account (defined below).

Definitions

“Account” shall have the same meaning as ascribed to it under Clause 1.2 of these Terms;

“Affiliate” shall mean and include any individual, entity, firm, body corporate, which directly or indirectly, controls, is controlled by, or is under common control with NIFI pay;

“Applicable Law” shall mean and include (i) any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, state or local governmental/regulatory authority having competent jurisdiction and force of law over, or applicable to you, NEO INFRA FINTECH INCLUSION PVT LTD or the subject matter in question, as may be amended from time to time, and (ii) any notification, circular, directive or other similar instructions issued by a financial sector regulator including but not limited to the Reserve Bank of India (“ RBI ”) and/or rules, regulations, roles, responsibilities and processes laid down by National Payments Corporation of India (“ NPCI ”) and other law enforcement agencies or regulatory authorities from time to time;

“Chargeback” shall mean and include reversal of any transaction made by Service Provider’s User on account of, including but not limited to:

• any alleged forgery of the User’s account, card or other details pertaining to the transaction;
• any charge/debit made on Account or card that has been listed as a hot listed card or otherwise listed on the card association warning bulletins;
• duplicate processing of the transaction;
• any amount required to be refunded due to denial of a transaction by the User/valid card holder as wrongly charged payment/extra payment and/or due to fraudulent use/misuse of personal and financial information of the Service Provider’s User by any unauthorized person(s) and/or;
• any other reason as required/approved by the concerned banks, as the case may be;

“Confidential Information” shall mean and include any and all business, technical and financial information of NEO INFRA FINTECH INCLUSION PVT LTD or of any of its Affiliates that is related to any of the arrangements contemplated in these Terms or any other document in which these Terms are incorporated by reference or otherwise disclosed by NEO INFRA FINTECH INCLUSION PVT LTD to the User; any information which relates to its financial and/or business operations, including but not limited to, specifications, models, merchant lists/information samples, reports, forecasts, current or historical data, computer programs or documentation and all other technical, financial or business data, information related to its internal management, customers, products, services, anticipated products/services, processes, financial condition, employees, merchants, Intellectual Property (defined below), marketing strategies, experimental work, trade secrets, business plans, business proposals, customer contract terms and conditions, compensation/commission/service charges payable to the User, and other valuable confidential information and materials that are customarily treated as confidential or proprietary, whether or not specifically identified as confidential or proprietary;

“Effective Date” or “Registration Date” shall mean the date of registration of Account of the User on NEO INFRA FINTECH INCLUSION PVT LTD’s platform.

“NEO INFRA FINTECH INCLUSION PVT LTD Platform or Platform” shall mean and include without limitation, NEO INFRA FINTECH INCLUSION PVT LTD’s websites or web applications including NEO INFRA FINTECH INCLUSION PVT LTD.in, instant.pe with all its sub-domains and any other linked web pages and mobile application and such other applications, application program interface (“ API ”), any other electronic platforms (including all platforms where these Terms are published), devices, URLs, links, technology, software, products, and/or applications; owned and/or controlled by NEO INFRA FINTECH INCLUSION PVT LTD, enabling the Users to access/avail the Services provided by NEO INFRA FINTECH INCLUSION PVT LTD;

“Intellectual Property” shall mean and include, but not limited to, NEO INFRA FINTECH INCLUSION PVT LTD’s proprietary property, existing and/or to be developed in the future, including but not limited to know-how, manuals, trademarks, copyright, logos, patents, designs, logos, slogans, trade names, whether registered or not, any proprietary information, commercial know-how, processes, inventions, specifications, all technology and business information, including products and services provided by NEO INFRA FINTECH INCLUSION PVT LTD under any brand name, all techniques, methodologies, concepts, whether or not protected by intellectual property laws; and

“Services” shall have the same meaning as ascribed to it under Clause 2 of these Terms;

“Service Provider” shall mean and include any individual, entity, firm, body corporate, which directly or indirectly, owns and/or operates a business enterprise (including all payment aggregators/gateways and any other third parties involved in providing the services);

“Service Provider’s User” shall mean any individual who initiates a transaction with a Service Provider, whether by making payment or otherwise, using any payment method offered by NEO INFRA FINTECH INCLUSION PVT LTD;

“Service Provider Agreement” or “SPA” shall mean any arrangement/agreement executed by and between NEO INFRA FINTECH INCLUSION PVT LTD and Service Provider for providing the Services on the Platform;

“Service Provider’s Account” shall mean the details of the Service Provider registered with NEO INFRA FINTECH INCLUSION PVT LTD;

“User” shall mean and

FRAUDULENT TRANSACTIONS

If NEO INFRA FINTECH INCLUSION PVT LTD identifies any unauthorized transaction and/or use case (“Fraudulent Transaction”), the User shall be notified by NEO INFRA FINTECH INCLUSION PVT LTD. The User shall furnish documents and information pertaining to the transaction within one (1) day (or such other period specified by the bank).

The User agrees and acknowledges that:

• if the User is unable to furnish relevant documents, or
• the bank is not satisfied with the documents furnished by the User, then the bank shall be entitled to order NEO INFRA FINTECH INCLUSION PVT LTD to affect a reversal of the amount associated with the Fraudulent Transaction.

NEO INFRA FINTECH INCLUSION PVT LTD shall also be entitled to suspend the settlement of the amount under dispute or hold the value of transaction under dispute from following the settlement of the transaction during the pendency of inquiries, investigations, and resolution thereof by the Service Provider to the User.

If the amount in respect of the Fraudulent Transaction has already been settled to you pursuant to these Terms, any dispute arising in relation to the said Fraudulent Transaction, following settlement, shall be resolved in accordance with notifications, circulars, and guidelines issued by the RBI in this regard from time to time.

The User also agrees and acknowledges that it shall be liable to pay fines, penalties, and charges imposed by banks, card payment networks, or any regulatory authority on account of transactions that are in violation of Applicable Law.

The User further agrees and acknowledges that following NEO INFRA FINTECH INCLUSION PVT LTD incurring the charge stipulated in clause 1.8 (ii), if the available transaction amounts are insufficient for deduction of the Amount associated with the transaction, then NEO INFRA FINTECH INCLUSION PVT LTD is entitled to issue a debit note seeking reimbursement of the amount from the User. The User shall reimburse the amount within three (3) working days of receipt of the debit note.

The Parties hereto agree that the User shall be solely liable for any payment instructions for transactions accepted by the User as per the Terms hereof which are subsequently disputed due to (a) authorization by the User of any Transaction with an amount exceeding the User’s account balance or credit limit, or (b) authorization by the User of a Fraudulent Transaction.

The User hereby acknowledges and agrees that NEO INFRA FINTECH INCLUSION PVT LTD is a facilitator for payment processing services which are requested by the User. NEO INFRA FINTECH INCLUSION PVT LTD shall not be responsible for any unauthorized transactions done by any person including a third-party which may cause infringement of such third-party’s rights or loss of any amounts claimed by the customers. Users shall be responsible to ensure due protection while transacting online or otherwise. NEO INFRA FINTECH INCLUSION PVT LTD will assist the Users in settling any queries related to the Services that arise between the Users, and their customers. However, NEO INFRA FINTECH INCLUSION PVT LTD shall bear no responsibility with respect to any dispute or query related to payment made to the Users by their customers.

You agree and acknowledge that NEO INFRA FINTECH INCLUSION PVT LTD shall not be liable for any liability arising in respect of a Fraudulent Transaction whether it is domestic or international.

USER’S REPRESENTATIONS AND WARRANTIES

The User represents and warrants that:

• it is eligible and has the legal capacity or authority to enter into, exercise rights under, and perform obligations under these Terms.
• it has read and reviewed these Terms and had sufficient time to evaluate and investigate the provision of Services under the applicable agreement and the financial requirements and risks associated with the same.
• it has duly accepted these Terms, which form a legal, valid, and binding obligation, and are enforceable in accordance with the clauses stipulated herein.
• its use of the Services is solely for its own bona fide use and in compliance with Applicable Law as well as any directions issued by NEO INFRA FINTECH INCLUSION PVT LTD from time to time.
• it shall immediately intimate NEO INFRA FINTECH INCLUSION PVT LTD of any violation or potential violation of these Terms or of other circumstances that may cause damage to NEO INFRA FINTECH INCLUSION PVT LTD’s goodwill and reputation.
• it shall be responsible to obtain any and all consents and approvals that are required from regulatory or governmental authorities, including any consent from customers required to transfer personal data to the User and/or NEO INFRA FINTECH INCLUSION PVT LTD or its Affiliates required for the access/use of the Platform or Services, as the case may be, in accordance with Applicable Law.
• it shall be solely responsible for and hereby undertakes to strictly comply with NIFI pay’s Privacy Policy, and Applicable Law including but not limited to data protection, security, piracy, and directions issued by the regulators relating to payment data, and shall obtain and maintain in full force and effect all registrations required under Applicable Law for the operation of the business in terms of the applicable agreement. It shall also not deal in any of the products or services as mentioned in the list of Restricted Services of these Terms. Please note that this list of Restricted Services is subject to addition/change without prior intimation to you.
• it shall not access (or attempt to access) the Platform and the Services by any means other than through the interface that is provided by NEO INFRA FINTECH INCLUSION PVT LTD. It shall not use any deep-link, page scrape, robot, spider or other automated device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational infrastructure or presentation of the Platform.
• it shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegal means.
• it shall inform the Company in case income tax return is not filed by the User for the previous financial years starting from FY 2020-2021 and undertake to indemnify and keep indemnified NEO INFRA FINTECH INCLUSION PVT LTD against any and all losses, claims, liabilities, costs, taxes, interest, penalties imposed by any government and regulatory authority for non-complying with Section 206AB or any other provisions of Income Tax Act, 1961. The User also agrees that in case of any non-compliance as per the above-mentioned section, NEO INFRA FINTECH INCLUSION PVT LTD shall recover TDS amount from the User along with interest and penalty.
• it shall assist NEO INFRA FINTECH INCLUSION PVT LTD in furnishing to its auditors, Service Providers, governmental authorities, or law enforcement agencies, forthwith upon request from time to time, KYC Documents, relevant books, the original copy/copies of proof of transactions, invoices, or other records, and shall retain records relating to transactions for a period of 10 (ten) years from the relevant date of the order placed on the Platform.

INTELLECTUAL PROPERTY

Nifipay's Services and the Platform are owned and operated by Nifipay's and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Platform provided by Nifipay's (the “Materials”) are protected by Applicable Law.

As between User and Nifipay's, all Materials and Nifipay's Intellectual Property are the property of Nifipay's and/or third-party licensors or suppliers as applicable. User agrees not to remove, obscure, or alter Nifipay's or any third-party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.

Either Party does not accrue any rights or interest in the other Party's Intellectual Property and use of any Intellectual Property by either Party shall be strictly for the fulfilment of and in compliance with the terms of the agreement between the Parties.

The Parties undertake that they shall not, nor will they allow others to, reverse engineer or disassemble any parts of the other's Intellectual Property.

If Users have comments regarding the Services and the Platform or ideas on how to improve it, please write to our 24x7 Helpdesk at support@nifipayments.com. Please note that by doing so, concerned User hereby irrevocably assign to Nifipay's, and shall assign to Nifipay's, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. The concerned User agrees to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.