DEFINITIONS:

"Acquiring Bank" shall mean various banks and Financial Institutions licensed under the Payment and Settlement Systems Act, 2007 to acquire, authorize and authenticate the online payment Transactions.

"Terms and Conditions / Agreement" shall mean this Terms and Conditions, declaration and indemnity and any and all tables, schedules, appendices, annexures and exhibits attached to it or incorporated in it by reference.

"Authentication" shall mean the process by which the Customer's identification is authenticated by the Card Schemes / Issuing Bank / Payment Instrument Provider.

"Authorization" shall mean the process hereunder by which the Issuing Bank / Institution and /or the relevant Acquiring Banks / Payment Instrument Provider, Card Schemes electronically or otherwise convey the approval of a charge on a Transaction being undertaken by a Customer on Website / App / web link / payment link.

"Business days" shall mean any day on which PMKVY TP REGISTRATION / Service Provider, Facility Providers are open for Business in India other than Sunday or any day which is a public holiday in India and / or in State of Maharashtra.

"Card Schemes" shall mean national or payment Card Networks including but not limited to Master Card, Maestro, Visa, Diners, American Express and Rupay etc. which Authenticates, Authorizes and enables card Transactions.

"Chargeback" shall mean any approved reversal of any online card Transaction made by the Customer of Merchant on account of

1. 1. any alleged forgery of his card or other details
   2. duplicate processing of the Transaction;
   3. any amount required to be refunded due to, denial of Transaction by the Customer as wrongly charged payment / extra payments and / or due to the fraudulent use / misuse of the personal and financial information of the Customer by any unauthorized person;
   4. non-Delivery or deficiency in the Merchant's Product or Service and / or any other reason as required / approved by the concerned banks, as the case may be.

"Customer" means any person holding a valid Payment Instrument and who desires to purchase Products or Services from the Merchant and makes payment for the same over the Internet using a Payment Instrument.

"Customer Charge" means

1. 5. in respect to Product means the sale price of the Product purchased by the Customer plus the shipping charge (if any) and all other taxes, duties, costs, charges and expenses in respect of the Product that are to be charged to the Customer's valid Payment Instrument.
   6. In respect to Services means the sale price of the Services rendered to the Customer plus the all other taxes, duties, costs, charges and expenses in respect of the Services that are to be charged to the Customer's valid Payment Instrument.

"Customer Order" shall mean an order for purchase of Products or availing of Services provided by the Merchant at the Merchant's website and made by the Customer at the Merchant's website and every Customer Order shall be specifically designated by a Customer Order number on mention or use of which the details of the Customer Order could be obtained by the Customer from the Merchant on-line at the website, including without limitation details of the status of the Customer Order

"Delivery" means,

1. 7. in respect of a Product, Delivery of the Product by a reputed courier / parcel Service to the Customer at the address specified by the Customer in this behalf proof of which shall be submitted by the Merchant to PMKVY TP REGISTRATION / Service Provider electronically through their PMKVY TP REGISTRATION account backend to the satisfaction of PMKVY TP REGISTRATION / Service Provider and the Facility Providers. PMKVY TP REGISTRATION / Service Provider and the Facility Providers reserve the rights to call for physical Proof of Delivery in respect of a Product, Delivery / performance of the Product, or
   8. in respect of a Service, Delivery / performance of the Service, proof of which shall be submitted by the Merchant to PMKVY TP REGISTRATION / Service Provider electronically through their PMKVY TP REGISTRATION account backend to the satisfaction of the Service Provider and the Facility Providers. PMKVY TP REGISTRATION / Service Provider and the Facility Providers reserve the rights to call for physical Proof of Delivery in respect of a Service, Delivery / performance of the Service.

"Effective Date" means the date of execution of this Agreement or date of provision of Services by Service Provider to the Merchant whichever earlier.

"EMI" means equated monthly instalment payment plan which is a facility provided by the Issuing Bank / Payment Instrument Provider to its Customer.

"Escrow Bank Account" mean the bank account held by Service Provider in bank(s) appointed by the Service Provider for purpose of pooling funds collected from Customers on behalf of the Merchant and facilitating the transfer of funds in final settlement to the Merchant after deduction of TDR or any other amount receivable from Merchant pursuant to the said RBI Guidelines or any other RBI guidelines amended from time to time

"Facility Providers" means various Acquiring Banks, Financial Institutes, Card Schemes, Issuing Bank / Institutions, Payment Instrument Provider, software providers, as well as third party service providers that participate in Authorization / Authentication / facilitation of online payments. These Facility Providers allows PMKVY TP REGISTRATION / Service Provider to use the internet payment gateways developed by them to process all type of online Payment Instruments and all online Transaction initiated by a Customer on Merchant's website.

"Financial Institutes" means all bank and non-banking Financial Institutes or any financial institute other than Acquiring Banks, Card Schemes and Payment Instrument Providers that are authorized to issue a valid online Payment Instruments and / or to participate as facilitator of an online Transaction.

"Issuing Bank / Institution" in respect of a Customer, means the Bank or Institution which has issued the valid Card and / or any other Payment Instrument to the Customer with which Customer makes the payment for the Products / Services.

"Merchant's Website" shall mean the Web-Site / mobile app / web link / payment link as mentioned established by the Merchant for the purposes of enabling its Customers to place Customer Order for purchase of Products And Services through the Internet.

"Payment Instrument/s" means a valid Payment Instruments physical or virtual issued by an authorized Card Schemes, Financial Institute and any other Payment Instrument Providers that are authorized to issue valid card and / or any other Payment Instrument to the Customer which enables the Customer to initiate and complete an online Transaction to purchase / avail Products and Services of Merchant.

"Payment Instrument Provider" shall mean any legal entity authorized to issue online Payment Instruments such as wallet, prepaid cards etc. including Issuing Bank / Institution. The term Payment Instrument Provider does not include Card Schemes, Acquiring Banks and Financial Institutes.

"Payment Mechanism" means the entire processing and facilitation of online payments by Service Provider with help of the services of Facility Providers, mechanism through the Internet utilizing the internet banking facility; internet based electronic commerce, internet payment gateway of various Facility Providers and through such other modes and mechanisms of payment and Delivery as may be notified by the PMKVY TP REGISTRATION / Service Provider from time to time.

"Product" means a tangible Product that is manufactured or distributed by the Merchant and that is purchased by the Customer, the payment for which is to be made on the Customer's valid Payment Instrument.

"Proof of Delivery" shall mean

1. 1. In respect of Product, sufficient legitimate records evidencing Delivery of the Product to the Customer (i.e. charge slips bills, etc.), All Proof Of Delivery of Products shall be maintained by the Merchant for a period of at least one year from the date of Delivery by the Merchant and shall be open to inspection by PMKVY TP REGISTRATION / Service Provider and the Facility Providers at any time whatsoever.

1. 10. In respect of Service, sufficient legitimate records evidencing receipt of the Service to the Customer (i.e. Invoice, bills, etc. All proof of Delivery of Services shall be maintained by the Merchant for a period of at least one year from the date of Delivery by the Merchant and shall be open to inspection by Service Provider and the Facility Providers at any time whatsoever.

"Refund" shall mean a Refund issued by the Merchant through merchant panel provided by Service Provider to the Merchant within the timeline provided by Facility Providers or Tr i.e date of expiry of Refund period fixed by Merchant whichever earlier.

"Service" means tangible or intangible Services provided to the Customer by the Merchant the payment for which is to be made on the Customer's valid Payment Instrument.

"Service Provider's Website" shall mean the website with the domain name "https://www.PMKVY TP REGISTRATION.com/" established by the Service Provider for the purposes of enabling on-line trading instructions by the Customers of the Merchant to the Service Provider.

"Td" shall mean date of confirmation by the Merchant to the Service Provider about Delivery of Product / Services to the Customer

"Tp" shall mean date of charge / debit to the Customer's bank account against the purchase of Product / Services.

"Tr" shall mean date of expiry of Refund period as fixed by the Merchant.

"Transaction" means every Customer Order that result in the Delivery by the Merchant to the Customer of the Product(s) / Services in respect of which the Customer Order was placed by Customer on Merchant's website processed by Service Provider's Payment Mechanism successfully

"Transaction Discount Rate (TDR)" means, the means, the non-refundable rate charged to the Merchant by PMKVY TP REGISTRATION / Service Provider on the Transaction amount processed through PMKVY TP REGISTRATION / Service Provider and / or the Facility Providers payment gateway system and it includes the Merchant Discount Rate as notified by the Reserve Bank of India, the Facility Providers from time to time and the processing and other charges charged by PMKVY TP REGISTRATION / Service Provider as its service charges from time to time. The Transaction Discount Rate is exclusive of GST and / or any other Taxes as notified by the Government from time to time. Transaction Discount Rate applicable to this Terms and Conditions / Agreement is accepted by both the Parties by way of a written electronic communication. However, the Transaction Discount Rate may be revised quarterly by PMKVY TP REGISTRATION / Service Provider, and PMKVY TP REGISTRATION / Service Provider will advise the Merchant of any such change not less than 7 days in advance of its effectiveness.

"Ts" shall mean date of intimation by the Merchant to the Service Provider about shipment of Product / Services.

TERM / NON-EXCLUSIVE:

Term: These terms and conditions shall become effective on the Effective Date and shall remain in full force until a notice of termination by PMKVY TP REGISTRATION or the Merchant is given, or until terminated under other provisions of the Terms and Agreement executed between the Parties.

Non-exclusive: Nothing in this terms and conditions shall prohibit PMKVY TP REGISTRATION from furnishing the services similar to those provided under these Terms and Agreement to others, including competitors of the Merchant.

PAYMENT TERMS:

Subject to the terms of this Terms and Conditions, PMKVY TP REGISTRATION will send to Merchant's bank account Customer Charge from Transactions taking place on Merchant's website using the Payment Mechanism of PMKVY TP REGISTRATION, minus any fees including TDR, invalidated payments, convenience fee, handling fee, express payout charges, platform fee, Chargebacks, Refunds or any Refund processing charges, bank fees or penalty by banks for processing chargebacks, excessive Chargebacks or Refunds, applicable taxes, any excess amount paid to Merchant and other amounts that the Merchant owe to PMKVY TP REGISTRATION. If there are insufficient funds available in Merchant's account, PMKVY TP REGISTRATION shall claim from the Merchant such amount to the extent the funds are insufficient; which the Merchant on receipt of the claim undertakes forthwith to pay to PMKVY TP REGISTRATION without any delay.

Rejection of Payment PMKVY TP REGISTRATION and the Facility Providers may reject payment in respect of Customer Orders where:

1. 11. The Merchant has not obtained a necessary Authorization or PMKVY TP REGISTRATION, Facility Providers and the Acquiring Banks are entitled to reject payment in terms of clauses hereof;

1. 50. Any Customer Order is deemed to be fraudulent or otherwise illegal;

1. 1000. Any Customer Order which the Customer refuses to pay because the Product / Service was not as promised or was defective or was not delivered;
   14. Any Customer Order in respect of which Customer raises a Chargeback/ Dispute;
   15. The card Issuing Bank advises that the card number does not match any number on file;
   16. Payment in respect of the Customer Order or the relevant instalment of the purchase price has already been made;
   17. Any Products or Services provided by the Merchant using PMKVY TP REGISTRATIONs' Payment Mechanism without prior written approval of PMKVY TP REGISTRATION.
   18. The Customer Order was not confirmed by Merchant within permissible time mentioned on the panel provided by PMKVY TP REGISTRATION from the date the Customer Order was placed;
   19. Any amount duly receivable by PMKVY TP REGISTRATION from Merchant.

Where PMKVY TP REGISTRATION and the Facility Providers are entitled to reject payments in respect of a Customer Order or demand a Refund, PMKVY TP REGISTRATION shall be entitled to set off and deduct from any payment due to the Merchant and in doing so PMKVY TP REGISTRATION may:-

1. 20. debit the Merchant's account held with PMKVY TP REGISTRATION, forthwith; and / or;
   21. deduct the outstanding amount from subsequent credits to the Merchant's account, and / or;

1. 5. if there is insufficient funds available therein; claim from the Merchant the amount paid to the Merchant by PMKVY TP REGISTRATION in respect of the relative sales; which the Merchant on receipt of the claim from PMKVY TP REGISTRATION undertakes forthwith to pay to PMKVY TP REGISTRATION, the amount of the Refund to the extent to which such funds proves inadequate;

Payment of Customer Charge in respect of a Customer Order shall be made as per the TDR, other charges and payment schedule mentioned in Agreement between PMKVY TP REGISTRATION and Merchant which is further agreed by both the Parties in writing through electronic communication from time to time. The Customer charges to be paid in the bank account of the Merchant instructed by the Merchant in writing and on receipt of Proof of Delivery of the relevant Product / Service and PMKVY TP REGISTRATION will deliver its payments to the Merchant as promptly after these dates as is practicable. The TDR amount charged by PMKVY TP REGISTRATION to the Merchant is non-refundable; although the Merchant shall be liable to pay any Refund charges if it is required to be paid by the Facility Providers.

The Merchant may avail the facility of Express Settlement i.e. Settlement of Customer Charge on Tp+0 basis i.e. on the date of Transaction subject to approval of PMKVY TP REGISTRATION. The Merchant has further instructed PMKVY TP REGISTRATION to charge express pay-out charges on the Transaction amount to the Merchant for the facility of Express Settlement. The Merchant agrees and confirms that facility of Express Settlement i.e Settlement of Customer Charge on Tp+0 basis i.e. on the date of Transaction is subject to approval of PMKVY TP REGISTRATION and PMKVY TP REGISTRATION shall have a right and sole discretion to revoke the approval without any reason whatsoever. The Merchant confirms that where Tp is a Sunday or public holiday the payment of Customer Charge shall be made on the next Business day of the date of Transaction.

EMI Services: The Merchant hereby agrees that EMI services shall be offered at the discretion and as per the terms and conditions of the respective Issuing Bank / Institution, Payment Instrument Provider, Facility Providers and PMKVY TP REGISTRATION. The Merchant further undertakes that:-

1. 23. EMI calculator shall be available on the Merchant website in order to provide the EMI calculation to the Customer. The Customer shall be charged the full amount of the Customer Charge at the time of making Transactions.
   24. Thereafter, PMKVY TP REGISTRATION shall send details of settled Transactions for conversion of the Transaction to EMI along with complete details to the Issuing Bank / Payment Instrument Provider within prescribed time. PMKVY TP REGISTRATION shall not be responsible if the EMI Transactions are cancelled / reversed.
   25. The Issuing Bank / Payment Instrument Provider shall convert all Transactions approved by them to EMI within their prescribed time. The final decision on whether a Transaction can be converted to EMI is taken solely by the respective Issuing Bank / Payment Instrument Provider.
   26. The Merchant further confirms, undertakes and assures that PMKVY TP REGISTRATION shall not be liable in case of any dispute raised by the Customer with respect to the rejection of EMI option to a Customer after a Transaction has been confirmed, irrespective of the Customer Charge amount is already paid to the Merchant or not. The Merchant assures that the Customer shall raise such dispute related to non-conversion of EMI directly with the Issuing Bank / Payment Instrument Provider.
   27. The Merchant agrees that Issuing Bank / Payment Instrument Provider may charge interest rate to the Customers as per its internal policies and other regulatory factors from time to time. PMKVY TP REGISTRATION has no authority deciding the rate of interest, repayment terms, charges and any other terms and conditions of the EMI Scheme.

Taxes: Each Party shall bear and pay respective taxes as made applicable by the Government authorities from time to time. The Merchant covenants to comply with all the compliances mandated under the Goods and Services Tax (GST) as and when the same is implement by the relevant Government authority, including but not limited to filing valid tax return relating to its Transactions with PMKVY TP REGISTRATION. In case any credit, refund or other benefit under GST is denied to PMKVY TP REGISTRATION or is delayed due to any non-compliance by the Merchant (such as failure to upload the details of Supply of Products / Services on the GSTN portal, failure to pay GST to the Government, lower compliance rating etc.) or due to non-furnishing or furnishing of incorrect or incomplete documents by the Merchant with the Government or PMKVY TP REGISTRATION , the Merchant agrees to indemnify, defend and hold harmless PMKVY TP REGISTRATION and reimburse PMKVY TP REGISTRATION for the loss including ,but not limited to, the tax loss, interest, penalty, reasonable costs or expenses of any nature whatsoever, whether accrued, absolute, contingent or otherwise; including, without limitation, reasonable attorneys' fees and costs (whether or not a suit is filed).

Merchant's Minimum Deposit Account Balance (If applicable): It is mutually agreed by the Merchant and PMKVY TP REGISTRATION, that PMKVY TP REGISTRATION may retain a minimal amount "Reserve Deposit Amount" out of amounts payable to the Merchant in terms of Clause 3 hereof. The Merchant agrees that PMKVY TP REGISTRATION will impose additional Reserve Deposit Amounts, either temporarily or permanently, which are more restrictive than limits placed on the Merchants in order to reduce PMKVY TP REGISTRATION's reasonable apprehension of risk of loss under varying circumstances.