12.1.
We use third party service providers or payment gateway(s) for
processing the payments made in relation to the purchase of
products offered to Customers.
12.2.
The Pay Facility may support payments through credit/debit cards
from the banks that are available while selecting the Pay Facility
as the payment method or by cash. The Pay Facility may support
payments through UPI and mobile wallet payment options. However,
payment mechanisms may be added or removed or suspended through
any one or more banks directly or through any payment gateway
facilitators and such change shall come into effect upon the same
being published on such third-party service provider’s website.
12.3.
The Pay Facility shall be made available to the Customers to make
payment easier. In case wrong bank account details are used by the
Customer, the Company shall not be responsible for loss of money,
if any. In case of there being any technical failure, at the time
of transaction and there is a problem in making payment, You could
contact us at
support@shopnek.com
, however, the Company shall not be liable for transaction failure
or payment issues. You assume sole responsibility for all risks
associated with transfer of money or payments, whether or not such
transfer or payments are done through the use of a third-party
payment gateway. All disputes regarding delayed payments or failed
payments must be resolved by You, and the third-party payment
gateway directly.
12.4.
You acknowledge and agree that You shall not use the details of
credit card/debit card/net-banking or any other payment instrument
which is not lawfully owned by You.
12.5.
Compliance with Laws: Customer shall comply with
all the applicable Laws (including without limitation Foreign
Exchange Management Act, 1999 and the rules made and notifications
issued thereunder and the Exchange Control Manual as may be issued
by Reserve Bank of India from time to time, Customs Act,
Information and Technology Act, 2000 as amended by the Information
Technology (Amendment) Act 2008, Prevention of Money Laundering
Act, 2002 and the rules made there under, Foreign Contribution
Regulation Act, 1976 and the rules made there under, Income Tax
Act, 1961 and the rules made there under, Export Import Policy of
government of India) applicable to them respectively for using the
payment facility.
12.6.
Fraudulent Transactions and Account Security:
a)
Account Security and Protection of Credentials You shall exercise due care in handling and safeguarding Your account credentials, login details, payment credentials, bank account information, UPI IDs, UPI PINs, OTPs, card details, delivery address and any other authentication information associated with Your use of the Platform. You shall not share such information with any third party, whether intentionally or unintentionally. The Company, its affiliates, payment partners, banking partners and service providers shall never request Your account password, login credentials, UPI PIN, OTP or similar authentication information. The Company shall not be liable for any loss, damage, fraud, unauthorized transaction or other consequence arising directly or indirectly from Your disclosure, compromise, misuse or failure to adequately safeguard such information.
b)
Monitoring of Transactions and Fraud Prevention Measures The Company, its payment partners, banking partners and service providers may monitor transactions undertaken through the Platform for suspicious, unusual, irregular, unlawful, unauthorized, fraudulent or high-risk activity. Where, based on such monitoring activities, internal risk assessments, or information received from payment partners, banking partners, users, affected persons, law enforcement agencies, cybercrime authorities, regulatory authorities, courts or other third parties, any transaction, account activity is identified, reported, suspected or alleged to be associated with fraud, cybercrime, unauthorized transactions, proceeds of crime, financial crime or any violation of applicable Law, whether directly or indirectly, including through intermediary or downstream beneficiary accounts, the Company may, at its sole discretion and without prior notice:
(i)
request additional KYC information, transaction details, source-of-funds information, explanations or supporting documentation from You;
(ii)
suspend, restrict, block or freeze access to Your account or any Services made available through the Platform;
(iii)
place a hold on, restrict, freeze, earmark, withhold, reject, delay, reverse, cancel or refuse to process any transaction, purchase, sale, redemption, withdrawal, transfer or settlement involving Your digital gold balance; or
(iv)
comply with any request, notice, advisory, lien-marking instruction, debit freeze, recovery request, court order, regulatory direction or instruction received from any competent authority, law enforcement agency, cybercrime authority, payment partner, banking partner or other person authorized under applicable Law; and/or
(v)
take such other actions as the Company reasonably considers necessary for fraud prevention, risk management, protection of affected persons, compliance with applicable Law or cooperation with any investigation.
The Company shall not be required to independently verify the validity of any complaint, allegation or investigation before taking action under this Clause.
c)
Information Sharing and Cooperation with Investigations In the event any bank account, card, UPI account or other payment method is used fraudulently, without authorization, or in violation of applicable Law to purchase digital gold or avail Services through the Platform, or where the Company receives a complaint, investigation request, regulatory communication, court order or law enforcement request relating to any transaction or account, the Company may share transaction records, account information, KYC records, redemption details and such other information as may be required or permitted under applicable Law with affected persons, payment partners, banking partners, law enforcement agencies, cybercrime authorities, regulatory authorities, courts or other competent authorities.
d)
Compliance with Recovery, Freezing and Regulatory Actions You acknowledge and agree that where any funds or digital gold balance associated with Your account are alleged, suspected or determined to be connected with fraud, cybercrime, unauthorized transactions or unlawful activity, the Company may freeze, restrict, withhold, transfer, debit, recover, remit or otherwise deal with such digital gold holdings in accordance with applicable Law or any request, direction, order or instruction received from a court, law enforcement agency, cybercrime authority, regulatory authority, payment partner, banking partner or other competent authority.
e)
No Liability Neither the Company, its affiliates, payment partners, banking partners nor service providers shall be liable for any loss, damage, claim, cost, expense, diminution in value, inability to access assets, delay, missed opportunity or other consequence arising from any action taken in good faith pursuant to this Clause or in compliance with applicable Law, court orders, regulatory requirements or directions received from competent authorities, including any suspension, restriction, hold, freeze, withholding, rejection, reversal, cancellation or delay of transactions, funds or digital gold holdings, even if such transaction is subsequently determined to be valid or lawful.
f)
No Obligation to Reverse Transactions or Recovery Nothing contained in these Terms shall obligate the Company to reverse any transaction, recover any funds or assets, compensate any person, or guarantee recovery of any amount alleged to be connected with a fraudulent, unauthorized or disputed transaction. Where any digital gold, jewellery, funds or other assets have already been redeemed, sold, transferred, withdrawn, delivered or otherwise utilized, the Company shall have no obligation to recover or reimburse such assets or amounts. The Company may, however, cooperate with law enforcement agencies and other competent authorities and provide information lawfully available to it regarding the relevant transactions, accounts or recipients including Your digital gold balances.