Terms of Use
USA
Rariti, Inc. - incorporated in Delaware (USA), offers its financial payment services in partnership with Cybrid Inc. and Cybrid Canada Inc., which holds the Money Service Business licenses in the USA (Registration Number: 31000246961737) and in Canada (Registration Number: M22090366) respectively.
INDIA
Kugabana LLP, incorporated in India, is recognized as a Virtual Asset Service Provider (VASP) under Indian laws, and is compliant with Anti-Money Laundering and Counter-Financing of Terrorism (AML-CFT) framework under PMLA (Prevention of Money Laundering Act 2002) regulations.
Payezy User Agreement
This ‘Terms of Use’ ("Agreement") describes the terms by which you will be bound when you use the services accessible at www.payezy.io ("Service"). Do not use the Service if you do not agree to be bound by these terms. By using the Service you are agreeing to the terms of this Agreement.
As used throughout this Agreement, the terms "Payezy", "we", "us", and "our" refer to Rariti, Inc. and Kugabana LLP, together with its employees, directors, successors, and assignees. The terms "you" and "your" refer to users of the Service, whether as Senders or Recipients.
1. THE SERVICE
We recommend you use the Service to send money to friends and family and, therefore, you should not use the Service to send money to strangers.
The Service allows users to send USD from the United States to India served by Payezy. A "Sender" uses the Service to send money (USD) and a "Recipient" receives money (INR) through the Service. A "Transaction" refers to an order to send money through the Service. The "Transaction Amount" is the amount in US dollars that the Sender provides to Payezy for transmittal to the Recipient. The "Payout Amount" is the amount paid out to the Recipient.
2. ELIGIBILITY FOR THE SERVICE
Age and Capacity. You must be at least eighteen (18) years old to create an account, access, or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.
Residence within the United States. The Service is available to residents of the United States only.
Offer and Acceptance. If you submit a Transaction, you are requesting that we process your Transaction, an offer that we may accept or reject at our sole discretion.
Registered in the U.S.A. Only - Rariti, Inc. is not licensed to provide the Service outside of the United States of America. As a result, the Service may not be available for use in countries other than the United States.
Multiple Accounts. Senders may only have one active account. If we determine that a Sender is using multiple accounts we reserve the right to merge or terminate one or more of the accounts, limit the Sender's use of the Service, or refuse their continued use of the Service.
A full fledged KYC process powered by Cybrid Inc. will be carried out before making any transfer request to verify your identity and to confirm the above mentioned points.
3. PAYING FOR THE SERVICE
Charges - With each Transaction you submit you are agreeing to pay us a service fee ("Service Fee"), in addition to the Transaction Amount. Payment in US dollars is due at the time the transaction is submitted for processing. If you submit a transaction that results in us being charged NSF (Non-sufficient funds) fees, chargeback fees, or other similar costs, you agree to reimburse Payezy for all such fees.
Payment - In order for us to process your transaction you authorize us to charge any of the payment instruments included in your payment profile ("Payment Instrument" includes any credit card, debit card, or bank account). If your payment fails you authorize us to re-try one or more times using the same Payment Instrument. You warrant that you are an authorized and lawful user of the Payment Instrument(s).
Other Charges - We are not responsible for fees that may be imposed by financial institutions associated with your Payment Instruments. For example, some credit card issuers may treat the use of your credit card to use the Service as a "cash advance" and may impose additional fees and interest cost for the transaction. Payezy is not responsible for any NSF fees, chargeback fees, or other, similar charges that might be imposed on you by your bank, credit card issuer, or other provider.
4. Settlements
Service Providers. We work with local banks and other third party outlets (each, a "Service Provider") to make funds available to Recipients. As a Sender, you are appointing your Recipient as your agent for the purpose of receiving funds transmitted through the Service.
Turn Around Time. Recipients will be settled within 48 Hours from the confirmation time of transfer order.
Wrong details of recipient : In case the sender has provided wrong account number of recipient, the transfer order will be considered void, until the correct information is received from the sender.
5. IMPORTANT SERVICE RESTRICTIONS
General. We may refuse any Transaction or limit the amount to be transferred , either on a per transaction or aggregated basis. These limits may be imposed on individual accounts or linked accounts. Currently set at $5,000 USD per transfer with a monthly limit of $10,000 USD. We reserve the right at any time to modify or discontinue all or any part of the Service.
Delays. Your Transaction may be delayed by our effort to verify your identity and validate your Payment Instruments and otherwise comply with laws or manage our financial risk. You may be entitled to a refund in certain circumstances and you may cancel your transaction at any time while it is pending.
Commercial Transactions. You should not use the Service to send money except to people that you know. We are not responsible for, the quality or delivery of goods or services that you pay for using the Service. You accept that using the Service to pay for goods and services is at your own risk.
Unauthorized Transactions. You may not use the Service in violation of this Agreement or applicable laws, rules or regulations. It is a violation of the Agreement to use the Service for any of the following: sexually-oriented materials or services, gambling activities , fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, tobacco related paraphernalia, firearms, prescription drugs, or other controlled substances; or to send money to a Recipient that has violated the Agreement. If you use the Service in connection with illegal conduct, Payezy will report you to law enforcement.
Ineligibility. Your Payment Instrument must be issued by a U.S. financial institution. We may refuse Transactions from certain Senders and to certain Recipients that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as issued by different government agencies.
No Changes. We generally do not let you change the details of your Transaction once it's submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.
Restricted Activities. In connection with your use of our website or the Service, or in the course of your interactions with Payezy, a user or a third party, you will not:
Breach this Agreement, or any other agreement between you and Payezy;
Provide false, inaccurate, or misleading information;
Refuse to cooperate in an investigation or provide confirmation of your identity;
Use an anonymizing proxy;
Use any automatic device, or manual process to monitor or copy our website.
6. HOW AND WHY WE COLLECT PERSONAL INFORMATION
Privacy Policy - By agreeing to this Agreement, you acknowledge and consent to Payezy’s Privacy Policy.
Customer Identification Program. U.S. law requires we obtain, verify, and record information about you. We may require that you provide us with nonpublic, personal, identifying information. We may also lawfully obtain information about you from other sources without your knowledge, including non-personal identifying information that we may obtain while you visit this website. Please see our Privacy Policy.
Government Disclosures - We may provide information about you and your Transactions to government authorities and law enforcement agencies, as described in our Privacy Policy.
Verifying information - You authorize us to make any inquiries, to you or to others, which are necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party databases, or through other sources.
7. INTELLECTUAL PROPERTY
You acknowledge that the Service, including the content of this website, text, graphics, logos, and images, as well as all other Payezy copyrights, trademarks, logos, and product and service names are owned exclusively by Payezy, Inc. (the "Payezy Intellectual Property").
You agree not to display, use, copy, or modify the Payezy Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof); or (iii) infringe Payezy's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy..
If you provide us with any suggestions, feedback, reviews or input (“Customer Input”) related to our Services, we (and our corporate group entities) will own all right, title and interest in and to the Customer Input, even if you have designated the Customer Input as confidential. We and our corporate group entities will be entitled to use the Customer Input without restriction, including for marketing or business purposes. You assign to us all right, title and interest in and to the Customer Input and agree to provide us with any assistance we may require to document, perfect and maintain our rights in the Customer Input. For this purpose the word: “assign” is a legal term which means legally transferring the benefit, such as you legally transferring the benefit of the Customer Input to us.
8. E-Sign Disclosure & Consent Notice
By accepting this User Agreement as indicated below, you consent to receive and view disclosures, notices, statements and other communications (collectively, “Communications”) from Payezy relating to your account electronically by any of the following means:
Text to your mobile phone number associated with your account (which may include a link to Communications on our website or in our Service);
To your email associated with your account; or
Notifications from our web or mobile application.
Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Communications will include, but may not be limited to, the following:
Our website, Privacy Policy, or Terms of Use Agreement;
Disclosures and/or amendments we may provide you under our Terms of Use;
Activity and any other information regarding your use of our Service and account;
Receipts, confirmations, status updates, authorizations and transaction history for your account
Communications regarding the resolution of any claimed errors; and
Communications required or permitted by law or regulation.
Your Right to Revoke Consent. Because we communicate electronically, you must provide your consent to receive Communications electronically in order to establish a Payezy account and use our Service. You may withdraw your consent to receive all Communications electronically by contacting support@payezy.io
If you fail to provide, or if you withdraw, your consent to receive Communications electronically, we will decline to establish an account for you, or we will terminate, suspend or decline to provide the Service, unless you are entitled by applicable law to receive non-electronic Communications.
General. You understand and agree that we are responsible for sending the Communications to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Communication, subject to your right to revoke your consent to receive Communications electronically.
9. MISCELLANEOUS
PCI-DSS Compliance - Payezy is compliant and shall remain compliant with the Payment Card Industry (“PCI”) Data Security Standards to the extent we possess or otherwise store, process, or transmit your Payment Instrument data or other data subject to PCI obligations.
Third party websites links and content - Any external links to third-party websites or third party content on our website are provided as a convenience to you and does not imply Payezy's endorsement of the third-party website or content. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.
Entire Agreement - The Agreement constitutes the entire agreement between you and Payezy and governs your use of the Service, superseding any prior agreements between you and Payezy.
No Waiver - The failure of Payezy to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Agreement as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
Force Majeure - We shall not be liable for any failure or delay in the performance of the Service to the extent such failure or delay is caused by matters beyond our reasonable control, including, without limitation: changes in applicable laws; closure or unavailability of required physical and network infrastructure; sovereign default; power or internet failure; civil unrest; war; and earthquake, fire, flood, or other natural disasters.
Modification - We may modify this Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the Agreement at any time by reviewing this website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this Agreement and acknowledge that any attempts by you to modify this Agreement shall be void.
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