Terms & Conditions
These Terms & Conditions will serve as a legally enforceable contract between Imperia and its customers. These points can be used as a reference in the future to learn more about the terms, conditions, and other notices. The services and content that may contain terms and conditions are subject to the customers or users who utilize a specific service on the website.
You declare that you understand and intend for these Terms & Conditions to be the legal equivalent of a signed, written contract and to be similarly binding by accessing, viewing, or using the content and functionality on the Service. You also affirm that you accept these T&Cs and agree to be bound by them. You must cease using the services and the website if you disagree with any portion of these terms of use.
The Website/Mobile application is operated by Imperia Paytech Pvt. Ltd. and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Website/Mobile Application.
registration data and account security
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Need for registration:
You must Register in the Website/Mobile Application with your true and correct information including but not limited to Full name, Firm/Company name, Full address, Mobile number, Email Id, Pan Number, Aadhar Number, GST number, etc.
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Proprietary Rights
All material contained in this Service is protected by law. Removing or altering the copyright notice on any material on the Service is prohibited. Imperia also owns a copyright in this Service as a collective work and/or compilation and in the selection, coordination, arrangement, organization, and enhancement of such content. Any commercial use of this content is prohibited without the prior written consent of Imperia. All trademarks used at this website that are not the intellectual property of Imperia are the property of their respective holders.
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Communications with Our Web Service
Imperia welcomes your feedback and suggestions about how to improve our services. By transmitting any suggestions, information, material, or other content to Imperia, you automatically grant us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such content. Further, Imperia is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Service for any purpose, including but not limited to creating and marketing products and/or services using such information.
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No Solicitation Offer or Advice
This Service provides general information about Imperia and its products and services. Information on the services is not intended to constitute an offer to sell or a solicitation of any particular product or Service.
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Privacy Statement
Imperia has a Privacy Statement disclosing what information we collect about visitors, how we use such information, and the steps we take to secure such information. Please read our Privacy Policy.
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Disclaimer of Warranty and Liability
Use of this Service is entirely at your risk. Neither Imperia nor its affiliates are responsible for the consequences of reliance on any information contained in or submitted to the Service. These materials are provided without warranty, either express or implied. Imperia shall not be liable for any direct, special, indirect, incidental, consequential, or punitive damages, including, without limitation, lost revenues or lost profits, which may result from the use of, access to, or inability to use these materials. Under no circumstances will the total liability of Imperia to you exceed the price paid for using the Service.
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Corrections and Changes
While we endeavor to keep these materials up to date, Imperia cannot assume responsibility for any errors or omissions in these materials. Imperia further does not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within these materials. Imperia may change these materials or the products or services described herein at any time without notice and does not commit to updating the information contained herein. Imperia reserves the right to terminate your access to the Service if you violate these Terms and Conditions or for any reason.
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Indemnification
You agree to defend, indemnify, and hold Imperia, its affiliates, and its subsidiaries harmless. All of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Service and any breach by you of these Terms and Conditions.
In addition to the above, the Merchant shall also comply with security practices and procedures as prescribed in the Information Technology Act, 2000 and the rules made thereunder and/or the RBI rules and Regulations. Any loss incurred to the Imperia or the Payment Gateway Service Provider as a result of the Link being breached due to improper security on the part of the Merchant, its employees, contractors, agents, etc. Merchant agrees to indemnify, defend and hold harmless Imperia and the Facility provider from any claims, actions, damages or losses arising out or in relation thereto.
The Merchant shall indemnify and hold Imperia, its directors, officers, employees, agents representatives harmless from and against any and all losses, damages, costs or expenses (including reasonable attorney's fees) on account of claims, judgments, awards, settlements, fines, arising from
(a) The transaction between the Payee and the Merchant (pursuant to the relationship between the Merchant and Payee, contractual or otherwise);
(b) breach of security in respect of Payee’s Personal Data with such breach being attributable to the Merchant; and
(c) fines, penalties imposed by the Sponsor Bank, NPCI or any other governmental authority on account of fraudulent Pay-out transactions initiated or effected by the Merchant.
Merchant hereby undertakes and agrees to indemnify at all times and hold harmless Company, from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs, awards, damages, losses and/ or expenses however arising as a result of:
- Any breach of any Applicable Laws, GST and rules and regulations.
- Any breach or non-performance by the Merchant 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 Imperia on account of Merchant under this Agreement and/or any schedules;
- 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 or Merchant(‘s) agents, employees, licensees or Cardholder; or
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Any claim by any other party against Imperia, arising from sub-clauses above. Merchant shall also fully indemnify and hold harmless Imperia 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.
In the event of Company/the Facility provider being entitled to be indemnified pursuant to the provisions of this Agreement, Imperia shall be entitled to accordingly and to such extent debit Merchant (‘s) with Imperia and/or the Settlement Amount.
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Links to Other Web Services
This Service may, from time to time, contain links to other Internet web services for users to locate one of our client’s services, information, or services that may be of interest. These services are maintained by organizations over which Imperia exercises no control. Imperia disclaims any responsibility for the content, the accuracy of the information, and/or the quality of products or services provided by or advertised on these third-party services. Imperia does not control, endorse, promote, or have any affiliation with any other web service unless expressly stated herein.
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Use of the Internet
Internet use is solely at your own risk and is subject to all applicable provincial, national, and international laws and regulations. Neither Imperia nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
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Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with Indian Law and you hereby submit to the exclusive jurisdiction of the Mumbai Courts.
The Website/ Mobile Application, Tools and Services are directed solely for use in jurisdictions within the Territory of India. Company makes no representation that any Tools or Services provided on the Website/Mobile Application are appropriate or available for use outside India. Those who access the Website/Mobile Application and use the Tools and Services from locations outside India than such access and use is illegal. Company reserves the right to limit the availability of the Website/Mobile Application, the tools or the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.
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Copyright
Imperia owns its copyrights, and someone else cannot make a copy or use it without the permission of Imperia. If any person or a company uses our copyrighted material, they may face legal action. It is a civil offense and may also lead to imprisonment.
These Terms and Conditions constitute the entire agreement between you and Imperia concerning your use of the Service. You acknowledge that, in providing you access to and using the Service, Imperia has relied on your agreement to be legally bound by these Terms and Conditions.