Terms and Conditions

We validly assume that you have read, understood and agreed to this Terms of Service (ToS) prior to and on availing the services described hereunder. You shall not register or utilise the services provided by Us if You do not agree with any of the terms in this ToS. On Your registration, it shall be deemed that You have agreed to and accepted all the terms of this ToS. A legally valid contract is executed between You and PaySubb once You agree to the ToS by clicking "I Agree" and You shall be bound by these terms until expiry or termination.

The terms "PaySubb", "We", "Us", "Our", "Website", "App", and "www.paysubb.com", shall mean and include Anjane Technologies Pvt Ltd , a company registered under the laws of India having its registered address at 5, 2nd Main Rd, Sabai Colony, Maruthi Nagar, Sembakkam, Rajakilpakkam, Tamil Nadu 600073, which owns PaySubb along with the Website and all Intellectual Properties associated with it. The term "You", "Your", "Yours", "User" shall mean to denote the Company/ Corporation/ Partnership Firm/ LLP/ Society/ Trust/ Proprietary concern/ Individuals) (hereinafter Business) and has registered at www.paysubb.com and availing the Service of PaySubb and deems to include such authorised user(s) operating under the Business as Administrator and other User(s).

1. Applicability

1.1. This ToS shall come into effect upon registration and activation of Your account and on registration, you would be able to avail the Services you have elected to receive, subject to the terms and conditions of this ToS and the General Terms and Conditions or such other Agreement executed between you and PaySubb. By accepting this ToS, you further agree to be bound by any amendments to the terms and conditions of this ToS or to such terms and conditions as are incorporated herein by reference.

1.2. All the terms and conditions and policies including the Privacy Policy, Disclaimers and Terms of usage of third-party service providers included as a reference herein constitutes the terms of Your usage of the Service and forms part of this ToS.

1.3. By registering PaySubb and/or utilising the Services, you hereby unconditionally agree to be bound by this ToS and all the terms herein including the policies, disclaimers etc., which are incorporated herein by way of reference and if You do not agree to any of the terms, You shall not use the Services and use of the Services shall be deemed acceptance of the terms.

2. Registration and Payment

2.1. Registration: Registration is mandatory. You hereby unconditionally accept and consent to the Registration to avail the Services. You may contact your PaySubb POC (point of contact) for more details on the registration process and pricing. The changes or revisions in the Registration process and procedures and pricing shall be periodically updated. We reserve the right to refuse the Service to anyone for any reason at any point of time without assigning such reasons.

2.2. Eligibility: You are eligible to register only if:

• You are running an educational institution, tuition centre or similar institute (either an company, body corporate, LLP, partnership firm, Trust, Society, proprietary business).
• You may authorise an individual (Authorised Person) who is above 18 years of age and who is competent to enter into a valid contract as per the Indian Contract Act, 1872 to register. Persons who are ‘incompetent’ to contract, including minors, undischarged insolvents etc., are not eligible to register or utilise the Services.
• The Authorised Person shall have the complete authority to register on behalf of the institution. Such individual may be your agent, employee, director, partner or proprietor and We validly presume that Your Authorised Person is properly authorised and is competent to contract. We shall not be responsible and shall have no liability in the event such person is an incompetent person to enter into a valid agreement. In such event, You shall ratify the acts of such person and all such actions of such person shall be binding on You as if done by a competent person.
• You and/or your Authorised Person(s) including such other user(s) authorised by you (Authorised Users) completely and unconditionally agree to all the terms and conditions of this ToS including those policies, terms, conditions which are incorporated herein by way of reference, regardless of whether You use the Services through the website, mobile application or by any other means.

2.3. Payment:

• The Service is provided to You on a Pay-per-Use model. Once registered, You may start availing the Service.
• You agree to pay monthly/annual subscription fee for availing the Service through the Software. The subscription fee also covers the limited data storage utilised by the service. The various subscription plans along with the cost and features as mutually agreed between you and Anjane Technologies Pvt Ltd.
• GST and taxes, as applicable shall be levied on the subscription fees as per the prevailing laws in India.
• You may be required to make additional payments for any value-added services and modules, if any offered by PaySubb in case You opt for availing such services. Please contact us for the payment plans related to Value Added Services.
• The subscription fee may be subject to change and You shall be notified in case of any changes.
• Payments are not liable to be refunded if You stop using our Service before the expiry of Your Term.

3. Ownership and Intellectual Property Rights

3.1. Anjane Technologies Pvt Ltd represents that it owns or holds the License to any and all title, rights and interest in copyright and other Intellectual Property Rights in the software “PaySubb”, the Website and the Services rendered, including any modifications, enhancements, modules and support materials.

3.2. You hereby agree and acknowledge that You shall not acquire any title, rights and interest in copyright and other Intellectual Property Rights in PaySubb and the Services rendered, including any modifications, enhancements, modules and support materials.

3.3. You shall be the sole owner and shall be solely responsible for your contents and data, which are entered/ uploaded by you on PaySubb. We validly assume that you have the appropriate consents from data subjects whose contact details you upload into PaySubb and we shall not be responsible or liable for any actions or omissions from your end.

4. Your Responsibilities and Obligations

4.1. You shall be entirely responsible for data entries, setting of messages, providing of payment link, obtaining consent from parents etc., and we shall not be liable for any adverse outcome due to improper entries, handling of data, payment failures etc. You shall be entirely responsible for keeping Your details properly updated on Your account, and We shall not be responsible for any loss/ damages incurred to your end customers due to improper updation, technical defaults.

4.2. You hereby unconditionally agree that You will not post or transmit, or let Your Authorised Users post or transmit, via the PaySubb:

• Any contents or materials containing profanity;
• Any contents or materials which are false, inaccurate or misleading;
• Any material containing viruses or other malicious /harmful codes currently known or futuristic, or any other disruptive or harmful components;
• Contents that contain cyber bullying, spams, junk or other related material;
• Any false, defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, pornographic, child pornographic, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities and/or objectionable materials and contents;
• Any contents or material which may infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights unless You obtain rights therein;
• Contents that violate or infringes the privacy or publicity or other rights of any party;
• Materials or contents that violates copyright, trademark, or other intellectual property rights;
• Contents that contain advertisement, solicitations, links to illegal activities including but not limited to money laundering, gambling etc;
• Contents or materials that hurts the religious sentiments or instigate hatred between communities, castes, people following different religious beliefs or any material which threatens the unity and integrity of India;
• Any content or material which violate any law or statute; or which violates consumer protection, engages in unfair competition, anti-discrimination or false advertising etc;
• Any content or material which could be harmful or potentially harmful to our server structure as determined at our sole discretion, including without limitation overloading our technical infrastructure;

5. Third Party Services

5.1. We utilise the service of various third-party service providers in bringing you this Service. While availing our Services, You hereby agree to be bound by the relevant terms and conditions of the third party service provider whose services We utilise. We utilise the services of Cashfree(HDFC Bank) to effect payments. Payments are transactions which are carried through the payment aggregator, between the banks/cards of your customer and your bank and we do not have any control over the same. In case of any discrepancies related to payments, you may contact your bank directly. You may go through the terms and conditions/terms of usage of these third-party services providers below.

HDFC(Cashfree) - https://www.cashfree.com/tnc/

6. Data Collection and Privacy

6.1. We do not collect any data including personal data other than those which are uploaded into PaySubb by you or your Authorised User(s). PaySubb only uses such data to perform the services and such data are stored in our servers and are not disclosed or shared with any third party.

6.2. The personal data keyed in by your customers at the payment gateway are not stored by us and we do not store the banking or financial details of any of your customers.

6.3. To know more about data collection and privacy, please refer to our Privacy Policy. https://www.paysubb.com/privacy-policy

7. DISCLAIMERS AND WARRANTIES

7.1. EXCEPT AS PROVIDED AND STATED IN THIS ToS, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE MAKE NO CLAIMS, WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, AND WE EXPRESSLY WAIVE AND DISCLAIM ANY AND ALL IMPLIED CLAIMS, WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, WITH RESPECT TO THE SERVICE WE PROVIDE.

7.2. PaySubb is only a platform for providing cloud based payment management and allied services. We do not guarantee any level of success in Your business.

7.3. We endeavour to keep PaySubb to be error free and secure however, we shall not be liable for any data loss, corruption or damages cause due to any virus, malicious codes, server breakdowns, hacking etc.

7.4. We do not guarantee an uninterrupted Service as the uptime depends on several factors beyond our control including but not limited to your internet connection, its speed and availability, availability of hardware requirements at your end viz., computer, smartphone etc., electricity, uptime of the cloud service where we have hosted our applications etcetera. Services may also be interrupted when some of the contents posted by you does trigger our (including our service provider’s) malicious code and virus blocking system and we take no responsibility of such interruptions even in cases of false triggers.

7.5. You are responsible for maintaining and properly updating your data on your account and we shall not be liable for any loss, damages incurred by you or your customers due to improper updation from your end.

7.6. You are responsible for all contents posted by you and your Authorised Users. We will not be responsible or liable for any contents or comments posted through our Services and shall not be responsible for any consequential damages.

7.7. We shall not be liable for any default, loss of data or interruption in Services attributable to events beyond our reasonable control. Such events (the “Force Majeure Events”) shall include but not limited to acts of God, fires, explosions, accidents, unusually severe weather conditions, pandemics, embargoes, wars, riots, labour disputes, strikes, governmental requirements, hacking, server mal-functioning, issues with our third party service providers and any other similar events.

8. INDEMNIFICATION

8.1. You hereby agree to indemnify, defend, and hold Anjane Technologies Pvt Ltd and our affiliates, directors, officers, employees, and agents harmless from and against any liabilities, claims, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to your use of PaySubb or any breach of this ToS.

9. Governing Law and Dispute Resolution

9.1. This ToS and all disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of India.

9.2. Any dispute arising from or in relation to this ToS shall be resolved through binding arbitration in Kochi, Kerala, in accordance with the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English, and the decision of the arbitrator(s) shall be final and binding.

10. Termination

10.1. Either party may terminate this agreement at any time by giving written notice to the other party in case of breach or under exceptional circumstances. You will stop using PaySubb immediately upon such termination.

By using PaySubb, you acknowledge that you have read and understood these Terms and Conditions, and agree to be bound by them.