Privacy Policy

This Policy includes terms and conditions, including the General Terms of Use and the Terms of Service, along with any agreements executed or accepted by you in connection with the Services, incorporated by reference (collectively, "Terms"), apply to you ("you" or "Customer"), when you access, use or interact / communicate with the website https://paykosh.com and the associated Android App, iOS App, mobile site or any other medium. The term 'Services' collectively refers to the UPI Services. The 'Terms of Services' collectively refers to the UPI Terms.  https://www.paykosh.com, These Terms are entered into between you and PayKosh ("PayKosh", "we", "us" or "our"). These Terms incorporate the Privacy Policy https://paykosh.com by reference (including any updates and amendments to such Privacy Policy).

Please read these Terms carefully before accessing the Portal or availing the Services. By using this Portal, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms, without any limitation or qualification. If you do not agree with these Terms, please do not access the Portal or avail the Services. The information and data made available on the Portal or communicated to you in relation to the Services does not constitute an offer to buy or sell or solicitation of an offer to buy or sell any Services. The headings contained in these Terms are for reference purposes only. Capitalised terms not otherwise defined in these Terms will have the meaning as set out in the Privacy Policy. Do Not Disturb (DND). you express your intent to know and consent to receive, through telephonic calls, WhatsApp messenger application or SMS on your registered mobile number or any other alternate number of yours, or through any other communication mode, various offers, schemes, promotions or other services we may offer, now or in the future, and authorize PayKosh and its employees, associates, third-party agents and other authorized service providers to provide you such information. you agree and confirm that applicable laws in relation to the unsolicited communication referred in “National Do Not Call Registry” (the “NDNC Registry”) of the Telecom Regulatory Authority of India will not be applicable for such communication, calls, SMS or messages received from PayKosh, its employees, associates, third-party agents and service providers. you expressly waive any preferences you have set under the NDNC Registry. If you would not like to receive any promotional messages or communications, please contact us at https://paykosh.com to let us know your preferences.

User acceptance

By accessing or using the Portal or by availing Our Services, you agree to the terms of this Privacy Policy. The collection, use, processing, storage, retrieving, disclosure, or transfer of your information, including personal information and sensitive personal data or information (collectively, "Information") will be in accordance with this Privacy Policy and as required or permitted under applicable laws, including but not limited to the Information Technology Act, 2000 and the rules framed thereunder, as may be amended from time to time ("IT Laws") and the regulations, directions, circulars, guidelines or other mandates issued by the Reserve Bank of India ("RBI") or the National Payments Corporation of India and as applicable to the Services (collectively, "Applicable Laws").

Any Information, which is the subject matter of this Privacy Policy, provided by you or otherwise collected by Us is collected and retained by PayKosh that has the registered office at D-38/A, Ashok Marg, near Ahinsa Circle, Panch Batti, Cscheme Ashok Nagar Jaipur, Rajasthan 302001.

Please read this Privacy Policy carefully to make sure you understand how any Information you provide to Us will be handled. If you use any of Our Services, you will be regarded as having read and accepted this Privacy Policy. By accessing or using the Portal, you expressly consent to Our collection, processing, storage, transfer, use, disclosure and handling of your Information in accordance with this Privacy Policy. If you do not agree with the practices described in this Privacy Policy, please do not provide Us with your Information, or use, access or interact with the Portal and/or avail Our Services. 

You hereby represent to PayKosh that:

1. The Information you provide to PayKosh from time to time, is and shall be authentic, correct, current and updated and you have all the rights, permissions and consents as may be required to provide such Information to PayKosh.

2. Your providing the Information as well as PayKosh's consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any agreement, laws, charter documents, judgments, orders and decrees.

If you disclose to Us any Information relating to other people, you represent that you have the authority to do so and to permit Us to use such Information in accordance with this Privacy Policy.

You must ensure that the Information you provide Us remains accurate and up-to-date at all times. 

Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may enter into agreements with third parties to store or process your Information or data. These third parties may have their own security standards to safeguard your Information or data and We will, on reasonable basis, require such third parties to adopt reasonable security standards to safeguard your Information.

 

 

 

1. To enable you to access the Portal; 
2. To avail the Services We offer to you, including any associated services;
3. To facilitate payments for the transactions you make using the Services, including appropriate authentication in relation to your transaction;
4. To create, maintain or update your account and verify your identity;
5. To validate, process and share your Information, nominee details, and other legally mandated Information with regulated entities, financial institutions, or service providers engaged by Us to facilitate the Services;
6. To facilitate or confirm payments made by you in relation to the Services;
7. To enhance your user experience in relation to the Portal or the Services, including customisation of the Portal or the Services;
8. To conduct audits, market research, project planning, troubleshooting;
9. To identify and/or detect security breaches or attacks, errors, fraud, money laundering, abuse and other criminal activities, and investigating and taking appropriate remedial action;
10. To provide relevant offers or rewards to you, based on your consumption patterns;
11. To enforce Our Terms and Conditions or this Privacy Policy and resolve any disputes;
12. To provide functionality, analyse performance, fix errors, bugs, and improve the usability and effectiveness of the Portal;
13. To deliver any administrative notices, alerts, advice, notifications and communication relevant to your use of the facilities on the Portal, through social media (including WhatsApp), SMS and other media;
14. To recommend products or promotional offers to you that might be of interest to you, identify your preferences. We may also use your preferences or details regarding your usage of the Portal for marketing and other promotional activities;
15. To comply with Applicable Laws or requests received from regulators, government, law enforcement or judicial authorities under Applicable Laws or Our contract with a third party;
16. To disclose to Affiliates, Our and their employees, agents and representatives on a need-to-know basis to facilitate provision of Services;
17. To carry out Our obligations and enforcing rights arising from any contracts between Us;
18. To help improve quality and design of Our Portal, including to create new features, promotions, functionality and services; 
19. To help improve the Services; or
20. To fulfil any other purpose for which you provide Us the Information and/or for any other purpose with your consent.
21. If you use or access the Portal, you may be levied non-refundable service charge or fee, the details of which will be communicated to you on the Portal.
22. You are independently and solely responsible for any fees or amounts that your phone / telecom service provider charges, for example fees for SMS or data services.

Sharing of your information 

We may share your information for the following purposes: -

1. With financial institutions (such as banks and Non-Banking Financial Companies), credit information companies, NPCI, RBI or other regulatory agencies, to facilitate provision of Services, or as required under Applicable Laws;
2. With vendors or service providers, business partners, Affiliates, to provide you with the Services, facilitate account creation, provide technical or customer support, synchronization of your contacts with the Portal or other software applications, send you communications via emails, messages or tele-call to inform you about the Services, or products, offers or services that may be of interest to you, push notifications to your electronic device on Our behalf, and collect, process and settle payments. We may also use other third parties for activities such as conducting surveys for Us, and may share your information with such third parties;
3. With Our holding companies, subsidiaries, affiliates and other body corporates in Our group (collectively, "Affiliates"), which operate under common ownership or control;
4. With a buyer or other successor in the event of a merger, restructuring, reorganization, dissolution or other sale or transfer of some or all the assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which your Information may be amongst the assets transferred;
5. With law enforcement agencies, courts, regulators and/or other governmental organizations which have jurisdiction, to ensure compliance with orders or government directives;
6. To enforce or apply the Terms and Conditions, this Privacy Policy and other agreements entered with you; or
7. In any other circumstances where We have your consent for any other purpose disclosed by Us when you provide the Information.

   
   Communication and Notification  

   1. You agree that PayKosh(either directly or indirectly through its affiliates or third parties) may communicate with you in connection with the Portal or the Services, either electronically (for example, push notifications), or through phone calls, WhatsApp messenger application, email, or in writing through other modes.
   2. PayKosh reserves the right to close your account and immediately collect all amounts due to PayKosh if you withdraw your consent to receive communications (through electronic or other means) or if you revoke access to any third-party site on which the PayKosh / the Service relies or if any such service should revoke or cancel your account on that site
   3. Any electronic communications will be considered to be received by you within 24 hours of the time we send it to your attention (such as via email, SMS or other online notification, through WhatsApp messenger application). We will assume you have received any communications sent to you by postal mail, 3 business days after we send it.
   4. If we need to contact you in connection with the Services, you give express consent to us and our permitted assigns and third-party agents to communicate with you in any way, such as calling, texting, or e-mailing via:
   5. a mobile phone or landline number you provide to us, use to contact us, or at which we believe we can reach you (even if it is not yours):
   6. any email address you provide to us or associated with your account on the Portal;
   7. automated dialler systems and automatic telephone dialling systems;
   8. pre-recorded or artificial voice messages and other forms of communications.
   9. The accuracy, readability, clarity and promptness of the communications depend on various factors. PayKosh will not be responsible for any non-delivery, delayed delivery or distortion of the communication in any way whatsoever.

8. 
   Cancellation and Refund policy

   1. PhonePe doesn’t own the sample T&Cs and must be treated only as a reference. You can use it to customise T&Cs for your business.
   2. This cancellation policy outlines about how you can cancel or seek a refund for a product / service that you have purchased through the Platform. Under this policy:
   3. Cancellations will only be considered if the request is made [X] days of placing the order. However, cancellation request may not be entertained if the orders have been communicated to such sellers / merchant(s) listed on the Platform and they have initiated the process of shipping them, or the product is out for delivery. In such an even, you may choose to reject the product at the doorstep.
   4. [X] does not accept cancellation requests for perishable items like flowers, eatables, etc. However, the refund / replacement can be made if the user establishes that quality of the product delivered is not good.
   5. In case of receipt of damaged or defective items, please report to our customer service team. The request would be entertained once the seller/ merchant listed on the Platform, has checked and determined the same at its own end. This should be reported within [X] days of receipt of products. In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within [X] of receiving the product. The customer service team after looking into your complaint will take an appropriate decision.
   6. In case of complaints regarding the products that come with a warranty from the manufacturers, please refer the issue to them.
   7. In case of any refunds approved by [X] , it will take [X] for the refund to he processed to you.

Third party policies 

We may work with different third parties in connection with the Portal or for providing the Services. Please be aware that any information provided to any third-party or when you click through or are routed to third-party links while using the Portal, Our Privacy Policy no longer will apply and that We are not responsible for the privacy practices of these third parties. 

In general, the third-party service providers used by Us will only collect, use and disclose your information to the extent necessary to allow them to perform the services or activities they provide Us. In such cases, We share the Information securely and use commercially reasonable efforts to ensure that all recipients comply with confidentiality, fidelity and secrecy obligations and sign covenants in this regard. We will require such third party to provide same or equal protection to the Information as provided in this Privacy Policy.

However, certain third-party service providers (such as banks, financial institutions, payment aggregators or credit information companies), have their own privacy policies in respect to the information We are required to provide to them. For these third-party service providers, We recommend that you read their privacy policies to understand the manner in which your Information will be handled by them. In particular, remember that certain third-party service providers may be located in or have facilities that are located in a different jurisdiction. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which such service provider is or its facilities are located. Once you leave the Portal or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or the Portal's Terms and Conditions and in such circumstances the privacy policy of such other website will apply. We will not be liable for any acts or omissions of the third-party service provider.

Access to the Portal.

The content on the Portal is for information purposes only. PayKosh does not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the Portal and in these Terms, are subject to change at the sole discretion of PayKosh, without any notice or without any liability to you.

PayKosh will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which PayKosh will endeavour to give at least 4 hours' notice), or (ii) any unavailability caused by circumstances beyond PayKosh’s reasonable control.

While we will try our best to offer you uninterrupted access to the Portal and the Services, PayKosh assumes no liability whatsoever for any monetary or other damage or loss suffered by you on account of the delay, failure, interruption or errors in the operation of the Portal.

The customer support, whether in relation to the Portal or the Services, will be provided from 9:30 a.m. to 6 p.m. on 6 days a week, except on public holidays.

If you choose to access the Portal from locations other than India, you will do so at your own risk and you would be solely liable and responsible for compliance with applicable local laws and regulations of such location. The mere fact that the Portal can be accessed through the internet by you in a country other than India will not be interpreted to imply that the laws of the said country govern these Terms or use of the Portal. We accept no liability whatsoever, indirect or consequential, for non-compliance with the laws of any country other than India.

Access to the Portal or the Services may be unavailable, delayed, limited or slowed, from time to time, due to the inherent nature of the internet and among other things also due to:

servers, networks, hardware failure (including your own computer or mobile), telecommunication lines and connections, and other electronic and mechanical equipment;

software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;

overload of system capacities;

damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;

interruption (whether partial or total) of power supplies or other utility service, strike or other stoppage (whether partial or total) of labour.

governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention. or

any other cause (whether similar or dissimilar to the above) beyond control of PayKosh.

Links to other websites.

Links to websites or interface other than the Portal are provided solely as information on topics that may be useful to you in relation to the Services, and PayKosh has no control over the content on such third-party websites.

PayKosh makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does PayKosh warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination.

If you choose to follow a link to a website not controlled by PayKosh, you must do so at your own risk. Once you are redirected to a non-PayKosh website or application interface, the terms of use or service and privacy policies of such websites will apply to you. Please read them carefully before accessing or interacting with such websites, in any way. PayKosh does not guarantee the authenticity of documents on the Internet or on such third-party websites.

Links to such websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.

Conduct on the Portal.

By using the Portal or Services, you agree to comply with the following conditions at all times:

you agree to make use of the Portal for lawful purposes without infringing the rights or restricting the use of the Portal by any third party;

you will not use the Portal for any unlawful or immoral purpose, or engage in any in any unlawful acts or activities that are in violation of, or are contrary to any applicable law or the Terms;

you will not solicit others to perform or participate in any unlawful acts;

you will not provide false, inaccurate, deceptive or misleading information;

you will not provide information belonging to any person other than yourself, unless required expressly under the Terms or for provision of Services;

you will not attempt to collect or track the personal information of others;

you will not use or attempt to access an account that belongs to another person for yourself or on behalf of another person;

you agree not to create multiple accounts, or fraud or fake accounts, with false information or false identity;

you will not use any device, software, routine, file or other tool or technology, which includes any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage, interfere with or affect functionality or operation of the Portal or the Services, to surreptitiously intercept or expropriate any system, data or information in connection with the Services or as hosted / available on the Portal, or to affect the operation of any other websites or the internet;

you will not breach these Terms or any other terms or policy that you have agreed;

you will not commit unauthorized use of the Portal and its systems, including but not limited to unauthorized entry into PayKosh's systems, misuse of passwords, misuse of any information posted to a site, or interfere with or circumvent the security features of the Portal or any related website, other websites, or the internet;

you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure associated with the Portal or the Services, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique; or

you will not or attempt to modify, adapt, translate or reverse engineer any part of the Portal or re-format or frame any portion of the pages of the Portal.

On the Portal, you will not upload, display, share, host, publish or transmit any information that belongs to another person and to which you do not have a right to such information;

is harmful, offensive, harassing, obscene, pornographic, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

infringes any patent, trademark, copyright or any other proprietary rights;

harms minors in any way;

any commercial material or content (including solicitation of funds, advertising, or marketing of any good or services);

information that deceives or misleads the addressee about the origin of such messages, or communicates any misinformation or information which is patently false and untrue or misleading in nature;

impersonates another person;

information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or

violates any law for the time being in force in India.

You acknowledge and agree that PayKosh is entitled to remove any information on the Portal that is in contravention of these Terms, or applicable law

Proprietary rights.

Portal: As between PayKosh and Customer, all rights, title and interest in the Portal and any other materials furnished or made available on the Portal, and all modifications and enhancements thereof, and all suggestions, ideas and feedback proposed by Customer regarding the Portal, including all Intellectual Property Rights (defined below) in each of the foregoing, belong to and are retained solely by PayKosh and its licensors and providers (as applicable).

Feedback: Customers do and will irrevocably assign to PayKosh all evaluations, ideas, feedback and suggestions made by Customer to PayKosh regarding the Portal (collectively, "Feedback") and all Intellectual Property Rights in the Feedback, on a worldwide, unconditional, royalty-free, irrevocable and perpetual basis. Where the foregoing assignment is prohibited by law, Customer grants PayKosh an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback, as PayKosh may determine in its sole discretion. Customer waives and agrees never to assert any rights that by applicable law cannot be assigned/transferred including personal rights or moral rights relating to any Feedback, against PayKosh.

Customer data: As between PayKosh and Customer, all right, title and interest in: (i) the Information, (ii) other information input into the Portal by Customer or its authorized users ("Other Information"), and (iii) all Intellectual Property Rights in each of the foregoing, belong to and are retained solely by the Customer. Information and Other Information are collectively referred to as "Customer Information". Customer grants to PayKosh a limited, non-exclusive, royalty-free, worldwide license to use the Customer Information and perform all acts with respect to the Customer Information, as may be necessary for PayKosh to operate, maintain and improve the Portal or provide the Services to Customer, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify and distribute the Other Information as a part of the Aggregated Statistics (defined below). Customer is solely responsible for the accuracy, quality, veracity, integrity, legality, reliability, and appropriateness of all Customer Information. To the extent that receipt of the Customer Information requires PayKosh to utilize any account information from a third-party service provider, Customer will be responsible for obtaining and providing relevant account information. PayKosh agrees to access and use the Customer Information solely for Customer’s benefit and as set forth in these Terms or the Privacy Policy.

Aggregated statistics: Notwithstanding anything else in these Terms, PayKosh may monitor Customer’s (including the authorized users) use of the Portal and the Services and use data and information related to such use and Customer Information in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Portal and the Services ("Aggregated Statistics"). As between PayKosh and Customer, all right, title and interest in the Aggregated Statistics and all Intellectual Property Rights therein, belong to and are retained solely by PayKosh. Customer acknowledges that PayKosh will be compiling Aggregated Statistics based on Customer Information and Information input by other customers into the Portal. Customer agrees that PayKosh may: (i) make such Aggregated Statistics publicly available, and (ii) use such information to the extent and in the manner required by applicable law and for purposes of data gathering, analysis, service enhancement and marketing, provided that such data and information does not identify Customer.

The term "Intellectual Property Rights" means all intellectual property rights or similar proprietary rights, including: (i) patent rights and utility models, (ii) copyrights and database rights including moral rights, (iii) trademarks, trade names, domain names and trade dress and the associated goodwill, (iv) trade secrets, and (v) industrial design rights; and for each of the foregoing includes any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

Our security practices and policies

1. To secure the Information, We implement reasonable security practices and procedures as mandated under the IT Laws. We have comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the Information being collected and the nature of Our business. 
2. While We try Our best to ensure your Information is safe and secure, because of the inherent vulnerabilities of the internet, We cannot warrant complete security of all Information that you share with Us.
3. We protect the security of your Information during transmission by using servers that have Firewall and Secure Sockets Layer (SSL) certificate installed, which encrypts information you input and prevents unauthorized access of such information to or from a private network in addition to maintaining security of your information as per the International Standard IS/ISO/IEC 27001 on "Information Technology Security Techniques Information Security Management System-Requirements".

Withdrawal of Consent & Rectification

You can access and review the Information shared by you, after fulfilling the pending contractual obligations, by getting in touch with Us. You can also withdraw or revoke consent given to Us to process any Information given by you to Us, by writing to Us at  customercare@paykosh.com . Also, you can request deletion of your account on the Portal. 

We shall not retain your Information if it is no longer required by Us and there is no legal requirement to retain the same. Do note that multiple legal bases may exist in parallel, and We may still have to retain certain Information at any time. 

In the event any Information provided by you is inaccurate, incomplete or outdated then you should provide Us with the accurate, complete and up to date Information and have Us rectify such Information at Our end immediately. We urge you to ensure that you always provide Us with accurate and correct Information to ensure your use of Our Services is uninterrupted.

Applicability

A person can use the portal only if he can enter into a contract if:

• You are be above the age of 18 years
• You neither have / had any insolvency proceedings against you nor have you ever been adjudicated insolvent by any court or other authority.
• you are not a 'Politically Exposed Person' resident outside India in terms of the Master Direction - Know your Customer (KYC) Directions, 2016 issued by the Reserve Bank of India ("RBI"), read with the Prevention of Money Laundering Act, 2002.
• You are not restricted by any legal, regulatory, judicial, quasi-judicial or other authority, to access the Portal or avail the Services, including to enter into transactions contemplated
• using the Services. you agree to use the Services only for purposes that are permitted by these Terms and in accordance with applicable laws.
• These Terms impose valid and legally binding obligations and are enforceable against on the person above 18 years of age you.

Modifications

We reserve the right to change, modify, insert, or delete any provision of this Privacy Policy, from time to time, in Our sole discretion, without any prior notice to you.

We encourage you to periodically review this Privacy Policy for the latest information on Our privacy practices. Your use of the Portal or availing the Services after an updated Privacy Policy becomes effective will indicate your acceptance of the updated Privacy Policy.

Cookies

When you visit the Portal, one or more cookies will be sent to the device being used by you to access the Portal. The cookies are either used to improve the quality of the Portal or for storing your preferences as a user, improving search results and tracking user trends. You have the option of disabling cookies via your browser preferences on your device. However, if you disable cookies on your browser, some parts of the Portal may not function effectively.