Terms of Service

The Website and the Services are intended solely for persons who can form legally binding contracts under Indian law and who are 18 (eighteen) years of age or older. Any access to or use of the Website or the Services by anyone under 18 (eighteen) years of age is expressly prohibited. By using the Website or Services the User represents and warrants that he is 18 (eighteen) years of age or older and is competent to contract. The User also agrees that his Payer/Payee is similarly competent to contract.

The User represents and warrants that he has full power and authority to use the Services and while doing so, he is in strict compliance of all laws.

These Terms as accepted by the User shall be read along with and in addition to any terms and conditions in force from time to time and issued by any Service Provider. They will also be read in conjunction with Byteware's privacy policy.

In order to avail the Services, the User must be registered with Byteware and the Service Providers. The User shall provide Byteware with all documents as may be required for such registration.

By registering with Byteware, the User agrees to provide true, accurate, current and complete information failing which Byteware may at any time reject the User's registration and terminate his right to use or access the Website and/or Services. When the User registers with Byteware, a User account will be created, that is associated with the User's username, password and other identifying information. The User shall be responsible for anything that happens through his User account.

The Services may be used by the User for making and/or receiving payments from/to third parties.

To enable the User to use the Services, a link with login credentials will be communicated to the User on his mobile phone or email address and the User irrevocably and unconditionally accepts the sole responsibility for use, confidentiality and protection of said login credentials, including passwords, as well as for all orders and information changes entered into the User account using such login credentials.

Byteware has no obligation to verify the authenticity of the Transaction other than by means of verification of the User's basic KYC information. The User shall at all times take all appropriate steps to maintain the security and confidentiality of the information. Byteware shall not be liable for any mistake or misuse of the Services by either the User or by any person authorised by the User, or by any person gaining access to the Services through the User.

Confirmation of the Transaction performed using valid login credentials shall be conclusive evidence of a Transaction being effected. The User is responsible to furnish to Byteware correct and current Payee information. In the event the User chooses to complain about a Transaction, the same should be communicated to Byteware within 10 (ten) days of the Transaction.

Each User shall be responsible to (i) furnish correct and accurate information of the Payer/Payee as may be required, on an independent basis; (ii) furnish to Byteware forthwith on demand, the original copy/copies of proof of delivery of Products, invoices or other records pertaining to any transaction; (iii) ensure that all licences and registrations required by him are in full force and effect.

• The User shall not carry out any activity, which is banned, illegal or immoral.
• The User shall not use the Services in any manner or in furtherance of any activity which constitutes a violation of any law or regulation.
• The User undertakes that payments shall not be made/received in respect of any Products that violate Indian Government bans.
• The User shall act in compliance with all laws, rules and regulations and shall at all times comply with the guidelines set by Service Providers.
• The User shall not sell, provide, exchange, or otherwise disclose to third parties any personal information about any third party without obtaining prior written consent.
• The User shall bear and be responsible for the payment of all relevant taxes (including any applicable withholding taxes) as may be due.
• The User shall ensure that services are not being used for any unregulated financial products like crypto/digital currencies. Failing to comply will incur a penalty of INR 1 lac per non-compliant incident and accounts will be frozen for a period of 3 years.
• The User shall inform Byteware of any change in his email address, mobile number, address, ownership or legal status 30 (thirty) working days in advance of such change.
• The User shall not interfere with or damage the Website, including through the use of viruses, trojan horses, harmful code, or denial-of-service attacks.
• Byteware will not be liable for any failed settlements for any reason whatsoever, even if goods and services have been delivered by the said user.

In consideration of the Services rendered by Byteware to the User, the User shall pay to Byteware a fee that is agreed to in the agreement entered into between Byteware and the User, specified on Byteware's Website or proposed by Byteware over email to the registered email address of the User.

Byteware shall deduct its transaction fees plus service tax per successful transaction, and make payment of the balance of the transaction amount to User/Payee's designated bank account. All other taxes, duties or charges shall be borne and paid by User, unless otherwise agreed between the parties. Byteware reserves the right to alter/modify/change the discount/commission rate at its discretion.

It is hereby agreed and acknowledged by the parties that the transaction fees charged by Byteware in respect of a transaction that has been confirmed shall not be returned or repaid by Byteware to the User or any other person irrespective of the transaction being rejected, charged back, refunded or disputed.

Byteware is a payment processor for the User and does not have any control of the activities/actions of the business it is helping process payments for. Byteware does not determine, advise or in any manner control the commercial terms of the Transaction including the price of the Products and services offered for sale. Byteware is only a facilitator of Transactions and is not a party to these Transactions.

Byteware is not responsible for any act of Users, including non-completion of a Transaction, and will not be responsible for any disputes arising pursuant to Transactions. Byteware is neither acting as a trustee nor in fiduciary capacity with respect to a Transaction.

Byteware cannot and does not guarantee the timings of any payments made or received as such timing is dependent upon the User's bank, card issuing bank/card processor, acquiring financial institution and other Service Providers. Byteware assumes no liability and shall not be held responsible for any delays in delivery of payment or availability of funds.

Any request from the bank, Service Provider or the legal authorities to block a User account or mark a lien on any amount of the User will be passed on to the User and the lien of the said amount or unblocking of the User account will only happen once cleared by the concerned authorities.

Subject to the provisions stated herein, the User will not hold Byteware liable in case of any improper/fraudulent/unauthorized/duplicate/erroneous use of the Website or Services. Byteware will also not be liable for any consequences connected with the use/misuse of the User's account by any third party.

The User shall be fully liable for: (a) any unauthorised use of his User account; and/or (b) all Transactions carried out through his User account.

Without prejudice to the remedies available to Byteware, Byteware shall be under no liability whatsoever to the User in respect of any loss or damage arising directly or indirectly out of any defect in any Products/services, any malfunction of any computer terminal or equipment, or any mis-statement, error or omission in any details disclosed to Byteware.

If either Byteware or the Service Provider suspects, on reasonable grounds, that the User has committed a breach of these Terms or any other agreement with Byteware or any act of dishonesty or fraud against Byteware/any Service Provider, Byteware shall be entitled to (a) suspend all payment under these Terms; (b) deactivate/suspend your User account and disable your password; and (c) terminate the User's access to the Website or the Services; pending enquiries by Byteware.

The User may cancel his User account at any time by sending Byteware an email requesting such cancellation. Please note that once your account is cancelled, Byteware does not have any obligation to return any data or information that may reside on its servers or other equipment.

The User shall keep Byteware indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against Byteware by another User/the Service Provider/a third party for reasons including, but not limited to (i) the delivery, non-delivery or delay, deficiency or mistake in respect of the Products sold; (ii) a breach, non-performance or inadequate performance by the User of any of the Terms; (iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the User.

The User agrees not to disclose or attempt to use or personally benefit from any non-public information that he may learn on the Website or through the Services. This obligation shall continue until such time as the non-public information has become publicly known through no action of your own.

Byteware may access, preserve and disclose any of your information if required to do so by law, or if we believe in good faith that it is reasonably necessary (i) to respond to claims asserted against Byteware or to comply with legal process, (ii) for fraud prevention, risk assessment, investigation, customer support, or (iii) to protect the rights, property or safety of Byteware, its Users or members of the public.

All Website content and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Byteware, subject to copyright and other intellectual property rights under the law and international conventions. Such Website content or Marks may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of Byteware.

THE CONTENT AND FUNCTIONALITY OF THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT BYTEWARE IS NOT HEREIN ENGAGED TO MAKE PAYMENTS. BYTEWARE IS AN INTERMEDIARY BETWEEN BANKS, SERVICE PROVIDERS AND USERS. ALL CONTENT AND THE FUNCTIONALITY OF THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BYTEWARE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, OR ADEQUACY OF THE WEBSITE, OR THAT THE SERVICES PROVIDED OR THE FUNCTIONALITY OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

BYTEWARE IS NOT RESPONSIBLE FOR THE ACCURACY OF PAYMENT INSTRUCTIONS AND THE INSTRUMENTS/METHODS OF PAYMENT USED BY THE USER. THE USER HEREBY ACKNOWLEDGES THAT HIS USE OF THIS WEBSITE AND THE SERVICES IS AT HIS SOLE RISK. UNDER NO CIRCUMSTANCES SHALL BYTEWARE OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE SERVICES.

THE USER ACKNOWLEDGES AND AGREES THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES REMAINS WITH YOU. IN NO EVENT WILL EITHER BYTEWARE OR ANY OTHER PARTY INVOLVED IN PROVIDING OR DELIVERING THE WEBSITE OR SERVICES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.

EXCEPT FOR BYTEWARE'S OBLIGATIONS TO MAKE PAYMENTS THROUGH THE CURRENT ACCOUNT AS ENVISAGED HEREIN, IN NO EVENT WILL BYTEWARE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND USER'S USE OF THE WEBSITE AND SERVICES EXCEED THE AMOUNT OF INR 1000 (INDIAN RUPEES ONE THOUSAND).

• Unless otherwise set out, all payments may only be made in Indian Rupees.
• Byteware reserves the right to vary any of the terms contained herein by posting the revised Terms on Byteware's Website without notice to the User.
• All information provided by the User to Byteware shall be accurate, current and complete. Byteware shall not be liable for any loss or costs incurred by any party due to any incorrect or mistaken information provided by User.
• Byteware shall not be liable for any direct, indirect, punitive, incidental, exemplary, special or consequential damages or any loss of profit, business, revenue, goodwill or anticipated savings arising out of or in any way connected with the use of the website.
• Byteware shall have the right, at its sole discretion, to restrict or terminate the User's access to its Services, or modify or discontinue its Services or any part thereof.
• Byteware shall not be liable for any breach of these Terms due to any force-majeure event such as act of god, fire, lightning, explosion, flood, inclement weather conditions, power failures, failure in any communication systems, equipment breakdown, strikes, lock-out or any other cause beyond the control of Byteware.
• If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
• Byteware may assign or transfer its rights and obligations to any other party. The User shall not assign or transfer its rights and obligations under these Terms.
• In case of any dispute between the parties on the interpretation or implementation of these Terms, the appropriate court in Bengaluru shall have exclusive jurisdiction.
• No failure or delay by Byteware in exercising any right, power or privilege shall operate as a waiver thereof.