Terms and Conditions
OVERVIEW This document prescribes the “Terms and Conditions”, (hereinafter referred to as “TOS” or “Terms of Service”) which shall be applicable to all transactions initiated by the User through the Nexdha application( hereinafter referred to as “Nexdha App” or “THE APP”) developed by Paxdha Fintech Pvt Ltd (hereinafter referred to as “Nexdha” – which term shall encompass Nexdha, its parent, subsidiaries, predecessors, successors, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees). User shall mean anyone who downloads or installs or otherwise uses the App.
The User is advised to carefully read and understand these Terms and Conditions before using the Nexdha App. By downloading the App, the User shall be deemed to have read, understood and accepted the TOS, mentioned herein below and will be bound by the TOS. The TOS may amended from time to time, the latest TOS will be displayed on Nexdha’s website. The continued use of The App constitutes acceptance by the User of any such amendment to the TOS. The TOS shall apply to all users of the App, including without limitation users who have installed The App, downloaded The App, vendors, customers, merchants, and/ or contributors of content. Please read the TOS carefully before accessing or using our App. By accessing or using any part of the App, you agree to be bound by the TOS. If you do not agree to all the conditions of this agreement, then you may not use the App or use any of its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this app. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our app. It is your responsibility to check this page periodically for changes. Your continued use of or access to the App following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE SERVICES TERMS
By agreeing to the TOS, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this app. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (NOT including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to confirm and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the App through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this App is not accurate, complete or current. The material on App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this App is at your own risk. This App may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this App at any time, but we have no obligation to update any information on our App. You agree that it is your responsibility to monitor changes to our App.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices / fees for our products & services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the App is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the app (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this App may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 - PERSONAL INFORMATION
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our app or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the app or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phis, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Nexdha our partners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 - CANCELLATION & REFUND POLICY
For Buyer / Sender / Individual
Our charges for services rendered by Nexdha are on PAY PER USE basis! The charges are clearly mentioned at the time of billing & prior of your making the payment. By making the payment, you are confirming that you are comfortable with our charges. All the Payments once made is Non-Refundable, even if the services have not been fully rendered by us. In case of any error of payment, or wrong bill or overcharge, or double charge, payment failure, etc. you may contact our support through email@example.com
In making payments to the receiver/seller, whether registered with Nexdha, or otherwise. You acknowledge and agree that Nexdha acts only as an intermediary and is not a party to the buying/selling transaction between payer and payee. Accordingly, Nexdha does not assume any responsibility and shall have no liability of any kind whatsoever, in respect of your dealings with receiver/seller including with regards to payment made, the proper and timely delivery of goods or services in good condition, and chargebacks. Nexdha, in no way endorses, recommends and/or bears any responsibility or liability for any products, services or statements made by receiver/seller, whether registered with Nexdha or otherwise. Receiver/seller statements and opinions are not representative of Nexdha. or its business partners and we bear no responsibility for their authenticity.
Any dispute between the payer and receiver/seller, whether registered with Nexdha or otherwise, must be resolved directly between the payer and the payee. Nexdha does not have any responsibility for and cannot accept any liability for the actions of any receiver/seller and by using our services, you agree to pursue all claims and disputes against a receiver/seller directly with the applicable receiver/seller.
Kindly refer to the FAQ section
of the App for service & conduct related terms. The FAQ section is our service fulfillment rule/process/guide for users.
For Seller/ Receiver/ Merchant
A transaction may be reversed or charged back to your account if it is disputed by the buyer, reversed for any reason by the Network, deemed to be fraudulent, deemed to be in violation of this Agreement, or we have any reason to believe that the transaction was not completed in good faith. For any transaction that results in a chargeback, the Company may withhold the transaction amount from your account. If your account has any pending resolution of any chargebacks, the Company has the discretion to delay your next payout(s). The Company reserves the right to withhold from your account the amount of one or more transactions if it believes that there is a significantly increased risk of a chargeback occurring on these transactions. The Company may also charge you a fee for each refund, or chargeback, or dispute incurred. If your account is incurring a significantly high volume of charge back according to the Company, the Company reserves the right to (a) suspend your account, (b) increase processing fees, (c) withhold payouts, (d) increase holding period for your funds to be paid out, (e) implement a rolling reserve.
Nexdha. reserve the right to charge a "Penalty fee" from Users who abuse the platform. The penalty fee will be applied towards the charges incurred for the investigation, operational handling and legal consultation charges.
Customer/Sender/Buyer confirms satisfactory delivery of goods and/or rendering of services (“Satisfactory Delivery”) before payment is initiated and waives all rights to raise disputes on the transaction via Nexdha. The user is however free to raise a dispute directly with the seller / receiver. This confirmation shall be obtained as below:
· Send to a/c: By making the payment, the user confirms Satisfactory Delivery.
Merchant / Seller / Receiver confirms satisfactory delivery of goods and/or rendering of services (“Satisfactory Delivery”) before accepting payment into his account. The merchant /seller / receiver undertakes to provide all documents that maybe required by Nexdha. and/or its payment gateway to ensure authenticity of the transaction, to settle disputes, or for whatever reasons Nexdha, may require the documents for. This confirmation shall be obtained as below:
· Money to Bank a/c: Not applicable
This clause is not applicable for receivers / sellers who are not registered users of Nexdha. This clause should be read in conjunction with the clause titled: Paxdha Fintech Pvt Ltd Cancellation & Refund Policy
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nexdha, our parent, subsidiaries, predecessors, successors, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our App. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this App or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW AND DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the requirements of the Arbitration and Conciliation Act, 1996 of India. The venue of the arbitration shall be Chennai, India and the sole arbitrator shall be appointed by us. The decision of the sole arbitrator shall be final and unappealable. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page
. We reserve the right, at our sole discretion, to update, change or replace any part of this TOS by posting updates and changes to our App. It is your responsibility to check our website periodically for changes. Your continued use of or access to our App or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org