Terms and Conditions
PART A: GENERAL TERMS AND CONDITIONS
This Document/Agreement is a computer-generated electronic record issued in compliance with Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended, along with the Information Technology Act, 2000. It is legally valid and does not require any physical or digital signatures.
These Terms and Conditions ("Terms") form a binding legal agreement between you and CipherPe ("CipherPe," "we," "us," or "our"). These Terms, comprising Part A: General Terms and Conditions and Part B: Specific Terms and Conditions, govern your access to and use of CipherPe's services, including payment processing, technology solutions, software, analytics, and other tools or products provided by CipherPe, its affiliates, or partnered financial institutions ("Services"). These Services may be accessed via our website, mobile applications, software, APIs, social media, or other digital platforms ("Platform"). The terms "you," "your," or "merchant" refer to individuals or businesses, whether registered or unregistered, who use the Platform or Services. The Services offered through CipherPe's Platform are intended solely for use within India and comply with applicable Indian regulations.
Please read these Terms carefully before using the Platform or accessing the Services. By continuing to use the Platform or Services, you acknowledge and agree to be bound by these Terms, including our Privacy Policy and any other applicable policies. If you do not agree with these Terms, you must immediately discontinue the use of our Services. CipherPe reserves the right to modify, update, or amend these Terms at any time by posting the revised version on the website. Any changes will take effect immediately upon publication. It is your responsibility to review these Terms periodically for updates. Your continued use of the Platform or Services after any modification signifies your acceptance of the revised Terms. If you disagree with any changes or updates, your only option is to stop using the Services immediately. Failure to do so will indicate your acceptance of the modified Terms.
1. PROPRIETARY RIGHTS
1.1 We, along with our licensors where applicable, retain full ownership of all rights, titles, and interests in the Services, including the Platform and the official website www.CipherPe.in. This ownership extends to all associated intellectual property rights, whether registered or unregistered. We grant you a personal, non-exclusive, non-transferable, and limited right to access and use the Platform and Services strictly for personal purposes.
We prohibit you from removing, altering, or obscuring proprietary rights notices, such as copyright or trademark, displayed on or within the Services. We reserve all rights not expressly granted under these Terms. Our exclusive property is our trademarks, trade names, service marks, logos, domain names, and other brand identifiers ("marks"). Without our written consent, you cannot use, reproduce, or distribute these marks.
1.2 We grant CipherPe, its affiliates, and third-party service providers a royalty-free, non-exclusive, irrevocable, transferable, and sublicensable license to use your data, customer data, trademarks, logos, content, and any other materials you upload or provide on the Platform ("Your Materials"). This license enables CipherPe to operate, enhance, and improve the Platform, deliver Services, and fulfill its obligations under the Terms.
2. USE OF WEBSITE AND SERVICES BY USERS
2.1 You may register as a website user only if you are 18 years or older and legally capable of entering into binding contracts under applicable laws. You must protect your passwords, login credentials, and account details. Any actions taken on the Platform or Services using your login information, whether authorized or not, will be deemed your responsibility.
2.2 You agree to provide accurate, current, and complete information whenever the Platform requests. If any information you provided is found to be false, outdated, or incomplete, or if CipherPe has reason to believe so, we reserve the right to suspend or terminate your account without prior notice.
2.3 By using the Services and providing your contact details, you consent to receiving updates, offers, and promotional communications from CipherPe, its Affiliates, or third parties. These communications may be delivered through various channels, including phone calls, SMS, email, WhatsApp, other messaging platforms, or other digital and physical means.
3. PAYMENT
3.1 CipherPe may charge applicable fees for providing its services, which will be determined and updated at its sole discretion. You agree that these fees will be applied based on the specified rates, manner, and frequency set by CipherPe.
3.2 Fees are exclusive of applicable taxes, and CipherPe will occasionally charge such applicable taxes on the fees. You agree that you shall bear any statutory variations in applicable taxes during the subsistence of these Terms.
3.3 We will raise monthly invoices regarding fees charged for Services provided during such a month. Invoices are available on the dashboard every month. Any dispute regarding an invoice must be communicated by You to us via notice no later than ten (10) days from the invoice date.
4. PRIVACY POLICY
By using the website, you agree to the collection and use of Your information according to our Privacy Policy.
5. THIRD PARTY LINKS / OFFERS
The platform may include links to third-party websites over which CipherPe has no control. We recommend reviewing the terms and privacy policies of these websites to understand how they collect, use, and share your information. CipherPe is not responsible for the terms, policies, or practices of any external websites linked to our platform.
6. DISCLAIMER OF WARRANTY
To the fullest extent permitted by applicable laws, the Platform and Services are provided on an "as is" basis. You acknowledge that CipherPe makes no guarantees that the Services will be uninterrupted, error-free, or specifically suited to meet your business needs.
7. LIMITATION OF LIABILITY
7.1 CipherPe, including its officers, directors, employees, representatives, affiliates, and service providers, shall not be held responsible or liable for any injury, death, loss, claim, accident, delay, act of God, or any direct, indirect, incidental, special, punitive, exemplary, or consequential damages.
7.2 CipherPe's total liability, including its affiliates, officers, employees, and agents, for any claims related to the Services shall not exceed the amount equivalent to one (1) month of fees paid by you for the specific Service in question.
8. INDEMNITY
You agree to indemnify and hold CipherPe, along with its officers, affiliates, group companies, directors, agents, and employees, harmless from all claims, whether brought by third parties or not, as well as any causes of action, demands, losses, damages, fines, penalties, or expenses, including reasonable legal fees.
9. CARD ASSOCIATION RULES
9.1 "Card Payment Network Rules" encompass the written regulations, guidelines, processes, interpretations, and other contractual or otherwise requirements established by card payment networks. You must comply with all applicable rules, guidelines, and regulations set by the card payment networks.
9.2 Card payment networks can update their guidelines, rules, and regulations periodically. As a result, we may need to modify these Terms to align with such changes.
10. WAIVER
CipherPe shall not be considered to have waived any right or provision of this Agreement unless such waiver is made in writing. Any waiver of any term or condition of this Agreement shall not apply to any other term or condition, nor shall it be considered as a continuing waiver.
11. FORCE MAJEURE
Suppose CipherPe's performance of Services or operation of the Platform is prevented, restricted, delayed, or disrupted due to factors beyond its reasonable control, including but not limited to labor disputes, strikes, natural disasters, epidemics, pandemics, severe weather conditions, material shortages, cyber threats such as viruses, malware, or hacking incidents, utility or communication failures, war, terrorism, civil unrest, government actions, regulatory mandates, judicial orders, or any other unforeseen events. In that case, CipherPe shall be exempt from its obligations to the extent and duration of such force majeure event.
12. ANTI BRIBERY AND SANCTIONS LAWS
You agree to conform to all applicable anti-bribery and anti-corruption laws, which prohibit officials, representatives, agents, or any individuals associated with or acting on your behalf from offering, promising, giving, receiving, or accepting payments, gifts, hospitality, or anything of value—whether directly or indirectly, domestically or internationally.
13. ADDITIONAL TERMS
13.1 You may not assign or transfer your rights or obligations under these Terms to any other party. CipherPe reserves the right to assign its rights and obligations under these Terms without such assignment being considered a modification of the Terms and without providing notice to you.
13.2 These Terms shall be governed by the laws of India, without consideration of any conflict of law principles. You agree that any legal proceedings related to your use of the Platform or these Terms will be filed exclusively in the courts of India.
14. ADVERTISING
Certain Services may be supported by advertising revenue and may feature advertisements or promotional content. These advertisements may be customized based on stored information, user queries, or other relevant data. CipherPe reserves the right to determine the manner, format, and extent of advertising, which may change at any time without prior notice.
15. SUSPENSION AND TERMINATION
Notwithstanding anything to the contrary in these Terms, CipherPe reserves the right to immediately suspend Services and withhold any settlements or payments to you, without liability, under various circumstances including violations of these Terms, facilitating unlawful transactions, or engaging in high-risk activities.
15.1 These Terms become effective when you first access or use the Platform or Services and will remain in force until you or CipherPe terminates such access or usage. CipherPe reserves the right to terminate these Terms or close your account at any time, for any reason, including but not limited to activities that could damage CipherPe's reputation or goodwill.
15.2 Termination of these Terms does not immediately release you from any obligations incurred before termination. Upon termination, you agree to cease using the Services.
For any questions or concerns, please contact us at support@CipherPe.in