Terms & Conditions for Usage of Cashfree Services and Website
Last updated: 21st August, 2024
This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and amended from time to time, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This electronic record is generated by an electronic system and does not require any physical or digital signatures.
By accepting the terms and conditions on the website of https://www.cashfree.com (“Cashfree Website”) or by accessing, using, or availing any part of the Service, the users (“You”/ “Merchant”) expressly agree to and consent to being irrevocably bound by these “Terms and Conditions” and all of the terms set out herein. A reference to You shall also mean and include Your organisation, as the case may be. If You do not agree with any of these Terms and Conditions, You must immediately cease accessing and/or using the Cashfree Website or other portals, or the Services being provided under these Terms and Conditions. Your continued use of the Cashfree Website signifies Your confirmation to these Terms and Conditions. You may also review this webpage periodically to be updated on the current version of the Terms and Conditions.
Your acceptance of these Terms and Conditions will operate as a binding agreement between You and Cashfree Payments India Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at 1st floor, Essae Vaishnavi Summit, 7th main 80 Feet Road, Koramangala 3rd Block, Bangalore, Karnataka, India, 560034 ("Cashfree" or “Us”) in respect of Your use of the Services.
Cashfree’s
Privacy Policy is provided separately on the Cashfree Website and is an integral part of these Terms and Conditions. Thus, while accepting these Terms and Conditions, You are confirming that you have read and unequivocally accepted our Privacy Policy.
Registration- Depending on the services to be availed, You may have to register on the Cashfree Website before accessing the complete dashboard made available to You for the rendition of Services by Us to You.
- By using the Services, You represent and warrant that you are above the age of 18 (eighteen) years, are an Indian citizen, a legal resident of India or a business entity authorised to conduct business in India, and are qualified to enter into a legally binding contract, including the Indian Contract Act, 1872. If you are not eligible to enter into any contract, then please discontinue use of the Platform and leave now.
- You must disclose the exact business category(ies) for which you will be utilising the Services.
- The registration on the Cashfree Website does not in any event empower You to use the Services unless You have accepted the appropriate agreement for Services. The terms and conditions for the rendition of Services shall be governed by another applicable appropriate agreement such as a payment aggregation service agreement or a payout service agreement executed between You and Us.
- However, for any reason whatsoever You choose to activate the Services without first accepting the applicable appropriate agreement, it would be deemed that You have also accepted the appropriate terms of the appropriate agreement impliedly by Your conduct to accept the Services, and shall be bound by such terms. We shall have all right, title, and interest in enforcing the terms and conditions of such appropriate agreement. The terms of service are provided in these Terms and Conditions, the General Terms and Conditions to Cashfree Services – Schedule A read with Special Terms and Conditions to the specific services.
- The details that You have utilized for the creation of the login ID and password are privy to You. We have no manner to access the details of Your Login ID or Password. You would be solely responsible for sharing Your login ID or password with anyone other than Yourself.
- The login ID and passwords are key to the Dashboard and acceptance of Services. The access granted to a person through login ID and password will empower to switch on and switch off the Services, move funds and pass on instructions to Us which We would rely upon to process the transactions. In such a scenario, You should ensure that the Login ID and Password are preserved and are shared with a trustworthy person within the organization.
- You shall regularly update the passwords.
- The login ID can be used by the Merchant to interact/communicate with Cashfree and submit information/data to Cashfree, including KYC.
- You shall also have the right to create new login IDs and password with Cashfree through the Dashboard or email.
Completion of KYC Details and Acceptance of Contract- Your onboarding with Cashfree shall take place in accordance with our internal Merchant Onboarding and Know Your Customer Policy as well as guidelines prescribed by the RBI or any other regulatory authority.
- You shall be required to submit to Cashfree all the necessary documents and details as may be required by Cashfree to complete Your onboarding in accordance with our internal Merchant Onboarding and Know Your Customer Policy as well as guidelines prescribed by the RBI or any other regulatory authority.
- Your failure to share the required documents or details in accordance with our internal Merchant Onboarding and Know Your Customer Policy shall entitle Cashfree to put Your onboarding on hold. Cashfree may also refrain from providing access to the Cashfree Platform or Services in the event, You fail to provide such documents as required by Us. Cashfree may choose to on a case-to-case basis activate certain Services in case the documents as sought by Us are not provided by You. However, such an accommodation will not entitle You to continue with the use of Services unless the KYC exercise is completed in accordance with the applicable law.
- You shall be required to submit to Cashfree all the necessary documents and details as may be required by Cashfree or the partner bank to complete KYC and on-boarding. You undertake that all information, documents, and declarations provided by You to Cashfree are true, correct and with authorisation.
- You warrant that You or Your affiliates or your respective beneficial owners are not politically exposed persons in accordance with the Master Direction – Know Your Customer (KYC) Direction 2016, as amended from time to time.
- We may choose to call for further or additional documents or require You to resubmit the document for verification of Your details during the course of the rendition of Services.
- Failure to provide correct details or to not to provide relevant details or to cheat Cashfree to provide Services by providing false information, would entitle Cashfree to terminate the Services with immediate effect and without any notice whatsoever. Cashfree shall also be entitled to hold the settlement amount for a period of at least 180 (one hundred and eighty) days from the date of termination of Services or until such date that it deems fit and proper whichever date is later.
- You agree that by using the Cashfree Website and by availing the Services, You have provided certain information and details, including any personal data or sensitive personal data to Cashfree. You hereby authorise Cashfree to share Your information and details with all parties, including the Acquiring Banks, as may be necessary for providing the Services or generally otherwise. You also agree to receive communication through all written channels, from Cashfree and/or third parties. If You do not wish to accept such communication(s), You must notify Cashfree of the same, and such notification shall be applied prospectively, and shall not be applicable in respect of Your information and details already shared based on Your consent under this clause.
- You shall also accept the agreement and other terms and conditions of Services that we require You to accept in respect of a Service or a transaction, including those listed in the General Terms and Conditions, Annexures and Schedules below.
- You shall not, in any event, undertake Services of Cashfree for the business as enlisted in Attachment A to these Terms and Conditions. You shall not use the Services or permit anyone, including Customers, to use the Services for any illegal or fraudulent transactions. You shall also not misrepresent that You shall take Services for a line of business that is permitted and not disallowed by Cashfree but instead use the Services for a Negative, Risky and Restricted Categories of business as enshrined in Attachment A. In case You showed any indulgence by using the Services of Cashfree for the Negative, Risky and Restricted Categories of business, Cashfree shall be free to take appropriate legal remedy against You and all the necessary steps available to it in law. Cashfree shall be free to report Your indulgence in the Negative, Risky and Restricted Categories of business to the relevant authorities for necessary action.
- If You modify your business activities, the continued use of the Services will not be construed as an implied acceptance by Cashfree for providing Services for Your modified business activities.
- You agree and accept that Cashfree may, at its sole discretion, and at any time, without any notice or liability, suspend, terminate or restrict Your access to all or any component of the Cashfree Website, Cashfree Platform, Dashboard and/ or Services or any reason whatsoever.
- Access to Dashboard
- After You have registered on the Cashfree Website, Cashfree will provide you with the access to Cashfree Platform and the Dashboard. With access to Dashboard, You would be able to activate and deactivate Services that You wish to receive or no longer wish to receive from Us.
- The Dashboard will be accessible through the login ID and password. Anyone who will have access to the login ID and password will be able to manage and control the Services and the transactions. In such a case, You should determine who has the access to the login ID and password to the Dashboard.
- We shall make the Services available through the Dashboard once We have received all the KYC-related documents and You have accepted the terms and conditions to the agreement in respect of the appropriate services.
- You may also send instructions and/or information to Cashfree through the Dashboard or Cashfree Platform, and Cashfree shall consider them to be valid and legal instructions and/or information from You. Cashfree shall not inquire whether such instructions and/or information has been duly and validly issued to Cashfree by You. You shall not dispute the instructions and/or information so issued.
- You shall be solely responsible to supervise the status of Transactions and download reports from the Dashboard on a regular basis.
- Contents of Cashfree Website
- The contents of the Cashfree Website are proprietary to Cashfree and You will not have any authority to claim any intellectual property rights, title, or interest in the contents of the Cashfree Website.
- The structure, colour, and other creative details of the Dashboard are proprietary to Cashfree and You will not have any authority to claim any intellectual property rights, title, or interest in the creative details of the user interface of the Dashboard.
- You and We acknowledge that any trademarks, copyrights or patents used or adopted by a Party in the conduct of its business are the sole property of the respective owners.
- Except as expressly set out no assignment of or license under any trademark or service mark or any other Intellectual Property Right, whether registered or not, owned or controlled by a Party is granted to the other under these terms and conditions.
- Nothing contained herein shall authorize the Parties to use, apply, invade or in any manner exploit or infringe the Intellectual Property Rights of the other Parties without the prior written consent of the other Party, and the user shall be in compliance with the Terms and Conditions and such approval and policies as may be notified from time to time. In addition, the Parties undertake not to infringe the Intellectual Property Rights of any third party.
- No Party may, under any circumstances, seek to register any trademark, business name, business processes, inventions, company name, or domain name using or incorporating the Intellectual Property of the other Party.
- Each Party acknowledges that upon Cashfree ceasing to provide the Services to You, it shall have no right whatsoever in connection with the Intellectual Property of the other Party.
- It is agreed between the Parties that during the Term any promotion or publicity of the Service would always carry ‘Merchant’ and ‘Cashfree’ service marks or the appropriate Merchant and Cashfree marks as may be agreed between the Parties.
- API Integration with Cashfree
- You shall not integrate with Cashfree for any Services or use any plugins or other software development kits unless You have completed the KYC and entered into an appropriate agreement with Us. In case You choose to integrate Services without complying with this clause, Your Services would be liable for termination by Cashfree with immediate effect.
- Cashfree has integrated the Cashfree Platform with several financial institutions. The integration of the Cashfree Platform is done in accordance with the documentation of the Application Programming Interface (‘API’) so provided by the financial institutions.
- You may choose to integrate with the APIs provided by Cashfree in accordance with the documentation provided by Cashfree for such integration. You shall be responsible for such integration with the Cashfree Platform.
- Cashfree shall be responsible for the maintenance, development, and management of the Cashfree Platform. Cashfree shall also ensure to secure the Cashfree Platform secure in accordance with the prescribed guidelines from time to time by financial institutions or RBI or any other regulator. Cashfree shall ensure to take steps related to business continuity and disaster recovery of the Cashfree Platform in accordance with prescribed guidelines.
- You shall ensure that Your website or its web application is secured in accordance with the prescribed guidelines issued by the RBI from time to time. You shall not store any card data on Your website or web application. You shall avail tokenization services for processing the transactions, and Cashfree shall not be responsible to procure tokenization serviced for You.
- An incident related to breach of data or breach of security shall be informed by the Parties to each other within 24 (twenty-four) hours of such an incident.
- You shall take due steps to ensure that the transactions are monitored for fraud and anti-money laundering activities in accordance with applicable law.
- You shall also take due steps to ensure that the there is no breach of security of integrity of the link between the Merchant Site and the payment gateway of Cashfree and/or the Acquiring Bank as the case may be.
- You shall also ensure that there are proper encryption and robust security measures to prevent any hacking into Customers information and other data.
- You shall ensure that it keeps logs of all the transactions and necessary details about Your Customers that are availing goods or services from Your platform in a manner prescribed by applicable laws, and it obtains proper consent for use of such information about the Customer for delivery of goods and rendition of services.
- Cashfree may call upon You to share the relevant information about the transactions with the Customer or the information gathered by You about the Customer for Your internal audits, or in case such information is required to undertake any investigation about fraud or illegal activity by a law enforcement agency or the regulators.
- Cashfree shall provide You the encryption key or an activation key for activation of the Services. You shall not share the encryption key or an activation key with any other person or use the activation key to activate integration on a website or web application or any third party or website other than the Your website.
- Fraudulent Transactions
- You shall not engage in any form of fraudulent transactions and use the Services of Cashfree for perpetrating a criminal offense in any manner thereof. Any scheme or structure to defraud the Customer by You while using Services of Cashfree shall be reported to the relevant law enforcement authorities. Cashfree shall also keep a right to terminate such Services in such a case.
- In the event, Cashfree is intimated, by the Acquiring Bank or a Card Association, that a Customer has reported an unauthorized debit of the Customer's payment instrument, then Cashfree shall be entitled to suspend the settlement of the amount associated with the fraudulent transaction during the pendency of inquiries, investigations, and resolution thereof by the Acquiring Bank or the Card Payment Network. If the fraudulent transaction results in a Chargeback, then the Chargeback shall be resolved in accordance with the provisions relating to Chargeback under these Terms and Conditions and the appropriate agreement.
- Further, Cashfree also reserves the right to close, suspend, limit or put on hold the access to Your account with Cashfree and/ or the funds available therein, including Settlements Amount under any of the following scenarios:
- If such Your KYC credentials are found to be ingenuine or fake;
- If You make an incorrect or untrue disclosure of the nature of its business, resulting in a merchant category code violation;
- For violation of any of the provisions of these Terms and Conditions;
- For violation of any of the provisions of any other agreement that the You have entered into or might enter into with Cashfree; or
- For violation of any of the applicable laws by You.
- Such right to close, suspend, limit or put on hold the Your access to the account with Cashfree shall continue till such time that You submit genuine KYC documents or credentials to the satisfaction of the relevant authorities, as well as to the satisfaction of Cashfree without prejudice to any other legal remedy that Cashfree is entitled to prefer as per applicable law.
- It is agreed between the Parties that in the event any amount to be received from You by Cashfree due to excessive Chargeback or refund or any other issues relating to any complaints of the Your Customers and is over and above the amount which has been withheld by Cashfree, Cashfree shall have a right to raise an invoice relating to such payments to be made and You agree to make payments of such invoice within a period of 15 (fifteen) days of receiving the invoice. Such unpaid amounts by You shall be subject to interest, chargeable at the rate of 12% (twelve percent) per annum.
- Dormant Accounts
If You do not access the Dashboard or undertake any Transactions for a period of 3 (three) months, Cashfree shall reserve the right to close your account and revoke access to the Dashboard, Cashfree Platform and/or Services.
- Representations & Warranties
- You represent, warrant, and undertake that:
- You are duly organized and validly existing under the laws of the jurisdiction in which You are established.
- You have the requisite power and authority to execute, deliver and perform Your obligations under these Terms and Conditions.
- Your obligations hereunder constitute a legal, valid, binding, and enforceable obligations.
- The consummation of the transactions contemplated herein do not breach Your organizational documents or any law, provisions of any contract or order of court applicable to it and do not require any applicable governmental approval.
- You are not engaged in any business which is outlined in the list of the Negative, Risky and Restricted Categories of business as provided under Attachment A to these Terms and Conditions and shall not during the term of the Service indulge in business stated in the list of the Negative, Risky and Restricted Categories of business.
- You shall not use the Cashfree Website, Cashfree Platform, Dashboard or Services for any unlawful or illegal purpose.
- You shall comply with all applicable laws.
- You shall comply with all Card Association Rules.
- You hold informed consent of Customers to share their information with Cashfree in connection with the Services and/or for the purposes of sharing with governmental authorities as and when demanded under applicable laws, for the purpose of transaction tracking, fraud prevention, or otherwise required pursuant to regulatory authorities' orders and/or notices.
- You shall, within 2 (two) Business Days, or such shorter period prescribed by any authority, provide all the information documents and assistance as maybe required by Cashfree for (a) its internal risk assessment or ongoing due diligence; or (b) sharing with authorities including law enforcement authorities.
- You are solely liable for (a) delivery of Merchant Services as per terms agreed with the Customer; and/or (ii) any Chargeback, claim, dispute, cost or liability which may arise in connection to Merchant Service or be incurred by Cashfree or Acquiring Bank in connection with the Merchant Service.
- You must ensure that the Customers accept the Your terms, conditions and privacy policy before availing the Merchant Services.
- You must display the price of the Merchant Services conspicuously and clearly on the Merchant Site.
- You must maintain a fair return, cancellation or adjustment policy in accordance with type of business.
- You must clearly disclose Your return or cancellation policy to Customers at the time of purchase.
- You shall not provide Cash Refunds to Customers unless required under applicable law.
- You shall not accept payments from any other place of business which are not ratified by Cashfree.
- You shall not discriminate against any specific Payment Instrument. It is hereby clarified that promoting a specific payment instrument shall not be deemed to be discriminating against other payment instruments.
- You have direct legal commercial arrangement with the authorized Bharat Bill Payment Operating Units (BBPOUs) to offer bill/utility payment services to the Customers.
- You shall not offer any wallet services, except strictly within the scope of the bill/utility payments business.
- Confidentiality
- You acknowledge and agree that in connection with the Services, the You shall not disclose to any third party, any Confidential Information of Cashfree that You may have access to during and in connection with Services hereunder.
- You shall ensure that neither the You or any of any of your employees (or of the organisation) shall reverse engineer, decompile or disassemble any software shared/disclosed by Cashfree.
- You acknowledge that monetary damages may not be a sufficient remedy for unauthorized disclosure of any Confidential Information and that Cashfree shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper.
- You will notify Cashfree immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of these Terms and Conditions. You will cooperate with the other party in every reasonable way to help Cashfree regain possession of such Confidential Information and prevent its further unauthorized use.
- Indemnification
- You hereby undertake and agree to indemnify, protect against liability and hold harmless Cashfree, its affiliates, and their respective directors, employees, officers, agents, representatives, contractors and sub-contractors against all actions, proceedings, claims, liabilities (including statutory liabilities), penalties, demands and costs (including without limitation, legal costs of Cashfree on a solicitor/attorney and own client basis), awards, damages, losses and/or expenses, however, arising in relation to:
- any claim or proceeding brought by any banks or other partners in the payments eco-system, law enforcement authorities and regulators, or any other person against Cashfree in respect of any act, deed, negligence, omission, misrepresentation, default, misconduct, non-performance or fraud by the You, Your employees, contractors, agents, Customers or any other person in relation to services rendered or goods sold by You;
- any breach of these Terms and Conditions, the Privacy Policy, or any other terms, conditions, policies or guidelines provided by Cashfree, any Card Association, or any bank;
- any business undertaken which is listed in the Negative, Risky and Restricted Categories;
- any breach of Confidential Information;
- any actual or alleged violation of applicable laws or any Card Association Rules;
- any wrongful or improper use of Services, Cashfree Website or Cashfree Platform, APIs or any other Cashfree Property; or
- any violation of the third-party rights.
- Limitation of Liability
- The aggregate liability of Cashfree to You from any cause whatsoever shall not, in any event, exceed the sum equivalent to the preceding 1 (one) month’s aggregate Consideration earned by Cashfree from the date of occurrence of such liability. Cashfree’s liability shall be proportionality reduced to the extent any loss or damage is contributed to by You or any third-party providers.
- Provided that Cashfree shall not be liable to You for any injury, death, loss, claim, act of God, accident, delay, or any direct, damages of any kind (including without limitation lost profits or lost savings), special, exemplary, incidental, punitive, indirect or consequential or direct damages, damages, whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with:
- loss of profits or business opportunities even if You have been advised in advance of the possibility of such loss, cost or damages;
- any failure or delay (including without limitation the use of or inability to use any component of the Cashfree Website);
- any use of the Cashfree Website or content;
- any damages to or viruses that may infect Your computer equipment or other property as the result of Your access to the Cashfree Website or Your downloading of any content from the Cashfree Website;
- any error by You in submitting payment instructions;
- any incorrect instructions issued by You for debit or credit of amounts;
- You providing inadequate or incorrect information;
- any collection, use, process and share of Your information and details with Your consent under these Terms and Conditions.
- In no event shall Cashfree be liable to the Customers or any third party.
- In no event shall the Escrow bank or the Acquiring Bank be liable to You in relation to this Terms & Conditions or in relation to any claim by a third party.
- Cashfree (including its affiliates and their directors, officers, employees, agents, representatives, contractors and sub-contractors) shall not be liable for any of the following: (a) about which it did not have any actual or constructive knowledge; (b) shall not be liable for any Net Quantifiable Financial Benefit that arises to You for any loss suffered. The term Net Quantifiable Financial Benefit shall include an amount for which You would otherwise have been accountable to be assessed for taxation is reduced or extinguished because of the matter giving rise to such loss. (c) contingent liability of You unless such liability becomes due and payable; (d) You shall not be entitled to recover for the same event twice; (e) the amount that is recoverable by You from an insurance policy or from third parties; and (f) the amount for which provision, allowance, or reserve has been made.
- For any links included in the Cashfree Website which re-direct to any third-party websites, Cashfree shall not be liable and/or responsible for hosting such links, or for any content, advertisement, products or services available on such third-party websites. You further agree and accept that You shall not hold Cashfree liable for any actions, proceedings, claims, liabilities (including statutory liabilities), penalties, demands and costs (including without limitation, legal costs of a solicitor/attorney and own client basis), awards, damages, losses and/or expenses incurred due to use of such third-party website for any reason whatsoever.
- Disclaimer
- Cashfree will make all reasonable efforts to provide uninterrupted service subject to downtime and regular maintenance. However, You acknowledge that Cashfree Website, Services, and the Acquiring Bank’s Services may not be uninterrupted or error-free or free from any virus or other malicious, destructive, or corrupting code, program, or macro and Cashfree and the Acquiring Bank disclaim all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of the services for a particular purpose, and all services are provided on an “as is” basis.
- You also acknowledge that the arrangement between one or more Acquiring Banks and Cashfree may terminate at any time and services of such Acquiring Banks may be withdrawn. Cashfree shall not be liable to You for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, because of loss of data; interruption or stoppage to the Customer’s access to and/or use of the Merchant Site, Services, interruption or stoppage of Cashfree Website, hacking or unauthorized access to the Services, non-availability of connectivity between the Merchant Site and Cashfree Website, etc.
- Cashfree shall not be responsible for any losses sustained through (i) the use of counterfeit or stolen bank cards, or stolen devices; (ii) fraudulent electronic transactions; or (iii) quality and service-related claims pertaining to the Merchant Services.
- In addition Cashfree and/or Acquiring Banks shall have no liability for any failure or delay in performing its obligations under this facility if such failure or delay: (i) is caused by the Your acts or omissions; (ii) results from actions taken by Cashfree or the Acquiring Banks in a reasonable good faith to avoid violating a law, rule or regulation of any governmental authority or to prevent fraud on cardholders/accounts; or (iii) is caused by circumstances beyond Cashfree control, including but not limited to vandalism, hacking, theft, phone service disruptions, Internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of force majeure event.
- Cashfree’s sole obligation and the Your sole and exclusive remedy in the event of an interruption in Cashfree Website, or loss of use and/or access to Cashfree Website, the Acquiring Banks Services, shall be to use all reasonable endeavours to restore the Services as soon as reasonably possible.
- Force Majeure
- Force Majeure shall be any event or occurrence, whatever the origin, which cannot be foreseen and is beyond the control of, and cannot be circumvented by Cashfree affected, and which renders the performance of the obligations impossible, including but not limited to acts of governmental policy/authority, fires, floods, earthquakes or other natural disasters, explosions, general strikes, riots, war (declared and undeclared), rebellion, sabotage, computer hacking, unauthorized access to computer data and storage devices, computer crashes.
- In case of a Force Majeure event, Cashfree shall not be liable to You for its delay in the performance of, or non-performance, of its obligations or any part thereof under these Terms and Conditions. You agree and accept that the non-performance or discharge of performance of any obligation by Cashfree pursuant to any such Force Majeure event shall not be a breach of obligations by Cashfree, and shall not result in Cashfree incurring any liabilities whatsoever.
- Data Protection
- You shall ensure such administrative, technical, physical safeguards and processes, procedures, and checks including to secure the information which is received from any Customer in relation to a card as may be required under applicable law and which safeguards shall be equal to or better than:
- safeguards currently it has in place for its own data.
- generally accepted security standards in the financial services industry
- The administrative, technical, and physical safeguards, process, procedure and checks as provided for in clause (Data Protection) shall be designed to:
- protect the security and confidentiality of the information of the Customer in the Your possession;
- ensure protection against any anticipated threats or hazards to the security or confidentiality of the Customer information;
- protection against unauthorized access to or use of the information of the Customer or associated records which could result in substantial harm or inconvenience to Cashfree; and
- ensure the proper and secure disposal of such data;
- Without limiting the generality of the foregoing, You shall initiate all measures that a prudent organization, in a similar situation would take to secure and defend its systems that contain the information of the Customer, against the ‘hackers’ and who seek without authorization, to modify or access its system or the information of the Customer. You shall periodically test its system for potential areas where it could be breached.
- You covenant that it shall take best efforts against:
- any unauthorized or unlawful processing or the alteration of the information of the Customer in Your system.
- any resultant loss or destruction of, or damage to, the Customer information due to unauthorized processing or alteration; and
- unauthorized and accidental access, processing, erasure, transfer, use, modification, or other misuses of information of the Customer, and shall ensure that only authorized personnel bound by adequate confidentiality obligation shall have access to the information of the Customer on strictly ‘need to know basis’.
- You shall ensure that the information of the Customer is not mixed or mingled with information of other customers.
- You shall be vigilant to report any breach of this clause (Data Protection), all violations of information security, any breaches in the security practice, control process checks, and all suspected security events within 12 (twelve) hours of such event or breach, to Cashfree and shall also immediately intimate all the concerned representatives and employees of Cashfree which interact You on regular basis.
- Anti-Bribery and Sanctions Laws
You shall not permit or engage in any unethical practices, corruption, extortion, or bribery in any capacity; and irrespective of whether it is working with government officials or solely in the private sector. You shall not offer, give, or authorize any gift, loan, fee, reward, bribe, or other advantage to any Customer, government official, government employee, or Cashfree’s employee to improperly influence any action or decision. Yous shall follow applicable national and international anti-corruption laws, including the Prevention of Corruption Act, 1988, and U.S. Foreign Corrupt Practices Act.
- Miscellaneous
- Cashfree may assign, in whole or in part, the benefits or obligations of under these Terms and Conditions by providing a 30 (thirty) days prior intimation of such assignment to You, which shall be binding on the Parties.
- You shall not assign, in in whole or in part, the benefits or obligations of under these Terms and Conditions without prior written approval of Cashfree.
- The failure of Cashfree to exercise or delay in exercising a right or remedy under these Terms and Conditions shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
- The relationship between You and US are on a principal-to-principal basis. Nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between us hereto or any affiliates or subsidiaries thereof or to provide You with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of Cashfree.
- You shall not describe Yourself as an agent of Cashfree and/or the Acquiring Bank.
- You shall not represent to any person that you have the right to offer any products or services offered by Cashfree.
- You shall not make any representations to the Customer or any third party, or give any warranties which requires Cashfree and/or the Acquiring Bank to undertake to, or be liable for, whether directly or indirectly, any obligations, duties, responsibilities and/or liabilities.
- Cashfree reserves the right to make changes to the Cashfree Website, these Terms and Conditions, and the Privacy Policy at its sole discretion at any time. On such changes, Your continued use of the Services and/or the Cashfree Website shall constitute acceptance of the changes, and an acceptance to be bound by such changes. If at any time You do not agree to the changes, You may discontinue Your use of the Cashfree Website and/or the Services.
- By providing the intermediary services between You and the Customer, We are not a (i) payment system provider under the Payment and Settlement Systems Act, 2007; (ii) a banking company under the Banking Regulation Act, 1949;and/or (b) a non-banking financial company under the Reserve Bank of India Act, 1934.
Attachment A
List of Negative, Risky and Restricted Categories of Business
- Negative Categories: Any services or products which are purchased/ offered for sale by a user to third parties from time to time, using these services. Products shall not include those banned products and services that are listed below:
- Adult goods and services which include pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
- Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
- Body parts which include organs or other body parts.
- Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam).
- Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
- Child pornography which includes pornographic materials involving minors.
- Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection.
- Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials.
- Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
- Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods.
- Cryptocurrency Exchanges, platforms dealing in cryptocurrency trading
- Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
- Drug test circumvention aids which include drug cleansing shakes, urine test additives, and related items.
- Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
- Gaming/gambling which includes lottery tickets, sports bets, memberships/enrollment in online gambling sites, and related content.
- Government IDs or documents which include fake IDs, passports, diplomas, and noble titles.
- Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, or other protected property.
- Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
- Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes.
- Offensive goods which include literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred.
- Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
- Prescription drugs or herbal drugs which include drugs or other products requiring a prescription by a licensed medical practitioner.
- Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
- Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; goods regulated by government or other agency specifications.
- Securities, which includes stocks, bonds, or related financial products.
- Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
- Traffic devices which include radar detectors/jammers, license plate covers, traffic signal changers, and related products.
- Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
- Wholesale currency which includes discounted currencies or currency exchanges.
- Live animals or hides/skins/teeth, nails and other parts etc. of animals.
- Multi-Level Marketing collection fees.
- Ponzi schemes, pyramid and chain marketing.
- Matrix sites or sites using a matrix scheme approach.
- Drop-shipped merchandise.
- Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.
- The Merchant shall not sell, purchase, provide or exchange a cardholder’s name or MasterCard/Visa account number information in any form obtained by reason of a MasterCard/Visa Card transaction to any third party other than its MasterCard/Visa acquiring Member-Citrus Pay, or pursuant to a government/statutory or competent body’s request.
- Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances.
- Risky Categories: Merchants operating in the below segments would also be considered high risk either due to the laws and regulations around their industries, or the levels of transactions they process monthly. The following High-Risk Merchant Category Code list describes many of the high-risk categories:
- Financial Services
- Pharmacy
- Tours and Travel
- SaaS
- Jewelry
- Digital gold
- Precious metals
- Utilities
- Donations
- NGO
- Insurance
- Forex
- Gift cards
- DMT merchants
- Digital lending
- Stock market
- Mutual funds
- NBFC
- Online Gaming
- Chit Funds
- Restricted Categories: These are categories within high risk categories that require further approvals from the risk team to be onboarded.
List of restricted categories- Online Gaming
- Digital lending
- Chit funds
- DMT merchants
Schedule A
General Terms and Conditions to Cashfree Services
The General Terms and Conditions that will govern the Cashfree Services. These General Terms and Conditions are to be read with the Terms and Conditions provided at the top of this webpage and with Special terms and condition mentioned under Schedule B, C, E, F and G.
- DEFINITIONS
These definitions are applicable to all terms capitalised in these Terms and Conditions. Not all terms are defined in this clause, and may have been appropriately defined across these Terms and Conditions.
- “Acquiring Banks” shall mean various banks, financial institutions, Card Associations, payment system providers who are defined and licensed under the Payment and Settlement Systems Act, 2007.
- “Acquiring Bank Services” shall mean the payment gateway system and services provided by the Acquiring Banks such as to (i) route internet-based Valid Card transactions; (ii) offer various facilities through the internet, including Net Banking facilities; (iii) provide Authentication and authorization from Card Associations or other third-party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the Customers.
- “Authentication” shall mean the process by which the Customer’s identification is authenticated by the Acquiring Banks.
- “Agreement” shall mean an agreement executed by and between Cashfree and the Merchant.
- “Beneficiaries” shall mean the individuals or businesses (i) to whom the Merchant will make payment by using the Services; or (ii) whose account details the Merchant wants to validate via the Verification Suite.
- “Business Days” shall mean any day on which Acquiring Banks are open for business in India, other than Sunday and any days declared by Cashfree and/or Acquiring Bank as a holiday.
- “Cashfree” shall mean Cashfree Payments Services Private Limited, a company incorporated in accordance with the provisions of the (Indian) Companies Act, 2013.
- “Cashfree Payout Account” shall mean an account held by Cashfree with any of the banks for the purpose of disbursing the monies maintained by the Merchant to the Beneficiaries Payment Instrument on behalf of the Merchant.
- “Cashfree Platform” shall mean a technology platform that connects Acquiring Banks, Merchants, and Issuer Banks and facilitates initiation and completion of the Services rendered by Cashfree.
- “Consideration” shall mean the Platform Fee as mentioned in https://www.cashfree.com/payment-gateway-charges/ or otherwise agreed between the Parties.
- “Card Association(s)” shall mean any of Visa, MasterCard, Visa Electron, Maestro, Diners, American Express or any other card association as may be specified by Cashfree from time to time.
- “Card Association Rules” shall mean the rules, regulations, releases, guidelines, processes, interpretations, and other requirements (whether contractual or otherwise) imposed or adopted by any card associations like Visa, MasterCard, Visa Electron, Maestro, Diners (part of Discover global network), American Express, NPCI or any other card association.
- “Chargeback” shall mean an approved and settled Transaction that an Issuer, upon receiving a chargeback request from a Customer, reverses to an Acquiring Bank for the Transaction value to be ultimately reversed to the Customer, subject to the Merchant being unable to provide an explanation along with documentary evidence as to why the chargeback request should be rejected in accordance with applicable laws.
- “Confidential Information” shall mean any and all written, oral or other tangible or intangible form of information, discoveries, ideas, concepts, know-how (whether patentable or copyrightable or not), research, development, designs, drawings, blueprints, diagrams, models, samples, flow charts, data, computer programs, disks, diskettes, tapes, algorithms, software programs, marketing plans or techniques, technical, financial, or business information, Consideration, trade secrets which includes but is not restricted to any portion or scientific or technical or proprietary information, design, process, procedure, formula or improvement which is not generally available to the public as delivered by Cashfree to the Merchant within the framework of these Terms and Conditions or resulting therefrom.
- “Customer” shall mean any person who is availing services or products of the Merchant using Services to make the payment/remittance.
- “Customer Bank Account” shall mean a bank account or credit/prepaid/cash card account of the Customer with Issuer.
- “Customer Payment Amount” shall mean the total amount paid by the Customer towards the Merchant Services which will include, inter alia, charges and other taxes, duties, costs, charges, Consideration and expenses in respect of the Merchant Services.
- “Credit Card” is a credit card issued by the bank and that bank is a part of the Card Network.
- “Dashboard” shall mean the platform provided by Cashfree to the Merchant for provision of Service including (i) enabling, initiating, accessing, and monitoring the Transaction; (ii) submitting documents and information to Cashfree; (iii) receiving communications from Cashfree; and/or (iii) accessing reports, invoices, and other data analytics. It is hereby clarified that Dashboard is part of Cashfree Platform.
- “Delivery” shall mean (i) in respect of a good, delivery of the good by a courier/parcel service appointed by the Merchant or its vendors, to the Customer within delivery due date at the address specified by the Customer in this behalf; or (ii) in respect of a service, delivery or performance of provisions of service within the delivery due date.
- “Designated Bank Account” shall mean a bank account designated by the Merchant for settlement of funds.
- “Debit Card” is a debit card issued by the bank and that bank is a part of the Card Network.
- “Disbursement/Disburse/Disbursing/Disbursal” shall mean the act of Cashfree of sending money to a Payment Instrument of the Beneficiaries at the Instructions of and on behalf of the Merchant via the Services.
- “Effective Date” shall be the date on which the Merchant and Cashfree agreed to make the Agreement effective.
- “eMandate” shall mean the system which facilitates issuance and confirmation of mandate by the Customers through alternate channels to paper-based mandate. The mandate will be routed by the destination bank, after due authentication, to the sponsor bank or by corporate through their sponsor bank to the destination bank with the attributes of Customer authentication depending upon the variant of eMandate. The objectives of eMandate are: 1. Creation of an authenticated mandate by the Customer himself through electronic channels. 2. Shorter mandate acceptance cycle or auto acceptance of mandates. 3. Secured and assured mandate acceptance e-mandates are initiated by the Customer or his banker.
- “Escrow Account” shall mean an account maintained by Cashfree with any of the scheduled commercial banks for the purpose of pooling the monies collected from Customers on behalf of the Merchant and facilitating the transfer of these funds in final settlement to the Merchant in accordance with the Terms and Conditions.
- “Instructions” shall mean the act of the Merchant done in the format specified by Cashfree (as per Cashfree API) to Disburse money or perform actions supported by Services.
- “Intellectual Property Right” shall mean any and all patents, copyrights, trade secret rights, trademark rights, design rights, software code, and other proprietary or similar rights in intellectual property, existing now or in the future, including the rights to secure registrations, renewals, and extensions thereof.
- “Issuer” shall mean a bank or financial institution or other legal entity, with which the Customer has a Net Banking account and/or which has issued the Valid Card to the Customers and/or which has provided loan facility to the Customers (explanation: except for debit card or credit card Transactions, the Issuer of the Customer and the respective Acquiring Bank will be the same).
- “KYC” shall mean the process of validating the details of a Merchant per the Know Your Customer Policy of Cashfree and the Master Direction – Know Your Customer (KYC) Direction 2016, Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the RBI and such other applicable laws.
- “Merchant” is an entity that would be party to the Agreement with Cashfree, or uses the Cashfree Website, Cashfree Platform, Dashboard, and/or Services and is bound by the Terms and Conditions.
- “Merchant Discount Rate” shall mean a rate at which settlement amount is discounted and charged to Merchant by Cashfree.
- “Merchant Site” shall mean the active website bearing the domain name as specified in the Agreement and/or the mobile application, the contents of which are controlled, operated, and owned by the Merchant and established for the purposes of enabling the Customers to avail the services offered on the website or mobile application for which the Merchant shall be availing Services.
- “Merchant Services” shall mean the services or products provided by the Merchant through the Merchant Site to its Customers, the remittance/payment for which is to be made through the Customer’s valid accounts/cards or bank account, using Services.
- “Net Banking” shall mean the facility and internet account provided by the Issuer to Customers holding a bank account or digital wallet account with the Issuers. Provided that the bank account is not listed in current warning or restricted bank account bulletins or notices.
- “Outstanding Amount” shall mean the amount payable by the Merchant to Cashfree, Acquiring Banks, and/or Customers for any losses, costs, damages, penalties, Chargebacks, Refunds, overdraft or credit problems suffered or incurred by the Customers, Cashfree, and/or Acquiring Banks; any fees and other payments owed to Cashfree by the Merchant; and any claims or proceedings filed against Cashfree and/or Acquiring Banks by the Customers or any third party.
- “Order” shall mean Customer placing an order to purchase the products/services offered for sale by the Merchant.
- “Partner” shall mean various banks, financial institutions, and other entities engaged with Cashfree to facilitate the Merchant to Disburse the Payout Amount/payments to the Beneficiaries.
- “Payment Aggregation Services” shall mean the payments collection services that are rendered by Cashfree to Merchants by integrating the payments solution on the website or web application of a Merchant.
- “Payout Services” shall mean the payment Disbursement services that are provided to the Merchant to Disburse the Payout Amount from a specified bank account to others.
- “Payout Amount” shall mean the amount maintained in Cashfree Payout Account in respect of Disbursement to be made to the Beneficiaries minus the TDR and any other charges/fees payable by the Merchant to Cashfree.
- “Payment Instruments” shall mean (i) in case of payment aggregation services, any instrument used for making payments by the Customer such as Debit Card, Credit Card, Net Banking, UPI, eMandate, etc. and (ii) in case of Payout Services, a bank account, UPI, or wallets of beneficiaries that can receive money via Payout Services.
- “Platform Fee” shall mean a fee other than the MDR or TDR which is charged by Cashfree for rendering services other than the services relating to transfer of amounts from Issuing Bank to Acquiring Bank and includes services relating to on-boarding of client, facilitating technology for transaction monitoring, facilitating merchant dashboard, resolving complaints, and other technology and administrative services.
- “Refunds” shall mean the refund as provided for in the Terms & Conditions.
- “RBI” shall mean the Reserve Bank of India.
- “Services” shall mean and include services in relation to the processing of payments including Payment Aggregation Services and Payout Services or any other ancillary and incidental services rendered thereto to the Merchant by Cashfree with or without the use of Cashfree Platform.
- “Settlement Amount” shall mean Customer Payment Amount minus the TDR and any other charges/fees payable by the Merchant to Cashfree.
- “Terms & Conditions” shall include the general terms and conditions to the Services and special terms and conditions with regard to a particular Service rendered by Cashfree to the Merchant.
- “Token Amount” shall mean a transaction amount as decided between the Parties credited to the Beneficiary’s Payment Instrument through Services.
- “Transaction” shall mean (i) every payment request/order placed by the Customer on the Merchant Site for purchasing products/services from the Merchant; or (ii) any Disbursement or Verification Services request placed by the Merchant with Cashfree.
- “Transaction Discount Rate” or “TDR” shall mean the total fee per transaction agreed between Cashfree and the Merchant as specified in the Agreement.
- “Third Party” shall mean any entity/person who is not a party to the Agreement.
- “Unified Payment Interface” or “UPI” is a payment system that powers multiple bank accounts into a single payment network of any participating bank which permits merging several banking features, seamless fund routing & merchant payments into one hood.
- “Valid Card” shall mean any unexpired credit card or debit card which is issued by an Issuer designated to issue a Visa, MasterCard, Visa Electron or a Maestro or cash card, prepaid card, or other cards as may be specified by Cashfree from time to time. Provided that the card is not listed in current warning or restricted card bulletins or notices and bears the signature of the person in whose name the card is issued.
- “Verification Services” shall mean the act of verifying Beneficiaries account or details using Verification Suite.
- “Verification Suite” shall mean and include verification services like ‘Bank Account Verification’, ‘PAN Verification’, ‘UPI Verification’, ‘IFSC Verification’, ‘Aadhaar Verification’ and ‘GSTIN Verification’.
- “Wallet” is one such pre-paid payment instrument that facilitates the purchase of goods and services against the value stored on these instruments. The value stored on such instruments represents the value paid for by the holders by cash, by debit to a bank account, or by credit card.
- SCOPE OF SERVICES
- Cashfree shall render, and Merchant shall receive the Services for a Consideration agreed in terms of the Agreement executed between the Parties.
- Cashfree is not connected to, or has any interest in the Merchant Services. Cashfree does not have, and will not have any relationship with the Customers with respect to Merchant Services. The Merchant is solely liable and responsible for the Customers for Merchant Services, and shall keep Cashfree indemnified at all times in such matters.
- Cashfree shall be responsible to resolve Customer’s query, feedback or complaint, pertaining to the transactions they may have processed or attempted to process using Cashfree’s platform as per the Customer Grievance Redressal Policy available at https://www.cashfree.com/grievance-redressal-policy/.
- Cashfree shall not monitor the use of payments modes by Customers to avail the Merchant Services. The Customers shall use any payment mode as it may deem fit at their sole option and risks, and Cashfree shall not be held liable in this regard. The Merchant shall keep Cashfree indemnified at all times in such matters.
- Cashfree shall render services in accordance with the terms and conditions as set out in this General Terms & Conditions of the Payments Services, Special Terms and Conditions to Payments Aggregation Services and Special Terms and Conditions to Payout Services as the case may be.
- The General Terms & Conditions to Payments Services, Special Terms, and Conditions to Payments Aggregation Services, and Special Terms and Conditions to Payout Services shall form an integral part of the Agreement between the Parties.
- In case of conflict between the General Terms and Conditions to Payments Services or Special Terms and Conditions as provided in various schedules to these Terms and Conditions, the Special Terms and Conditions shall prevail over the General Terms and Conditions to Payments Services.
- GRANT OF RIGHTS
- During the Term for which Cashfree renders Service to the Merchant, Cashfree hereby grants to the Merchant a limited, for India, revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable right and license to access and use application programming interface of Cashfree access to which is made available through Cashfree Platform for a rendition of Services in accordance with the Terms and Conditions set out herein.
- Except as expressly permitted under these terms and conditions or any other license that may control the source code underlying the Services, Merchant must not itself, not permit any third party to: (a) reproduce, modify, translate, adapt or create derivative work based upon the Services; (b) reverse engineer, decode, decompile, disassemble or otherwise attempt to access or derive the source code or architectural framework of the Services; (c) access the Services for purposes of benchmarking or developing, marketing, selling or distributing any product or service that competes with or include features substantially similar to the Servies; (d) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure or that negatively affects the ability of other to access or use the Services; (d) use the Services in any way that does not comply with all applicable laws and regulations; (f) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas; (g) attempt to disable or circumvent any security mechanisms used by the Services; or (h) use the Services in a way that poses a risk to Cashfree or the Customer of the Merchant.
- Cashfree may improve, modify, add or remove functions or features to or from the Services from time to time, with or without notice to the Merchant.
- The Merchant will ensure that all of its employees and contractors who will be using API are aware of and comply with these Terms and Conditions.
- Merchant will be liable and responsible for all acts and omissions of any person to whom BaaS Merchant allows access to the Cashfree APIs and Dashboard.
- Merchant is not permitted to use any application (including its updated and/or any new version of it) in the production environment, unless and until Cashfree has reviewed and approved for moving such application to the production environment and authorized with applicable API Key.
- MERCHANT ON-BOARDING
- The on-boarding of Merchant with Cashfree shall take place in accordance with the guidelines prescribed by the RBI or any other regulatory authority for the time to time.
- The Merchant acknowledges and agrees that Cashfree may use third-party tools for web crawls/ scrape the Merchant Site in order to identify high-risk keywords, collect the registered address, and verify the line of business of the Merchant disclosed to Cashfree among other things.
- COLLECTION AND SETTLEMENT OF FUNDS
- Cashfree shall collect payments from the merchant’s customers into the Escrow Account and settle such funds to the merchants within T+2 days, where “T” represents the date of transaction (“Settlement cycle”); or as agreed with the Merchant otherwise. In an event, where there is a delay from the bank, Cashfree shall settle such funds to the Merchant on the following day, of receiving the same from the bank. The Settlement Cycle is subject to the approval and availability of the bank and may vary depending on the transaction type, business category/model, risk parameters, and other relevant factors.
- Cashfree shall act only as an intermediary and collect monies from the bank account of the Customer and settle it in accordance with prescribed guidelines in the Designated Bank Account. Cashfree shall not in any manner be responsible for the quality of goods, quantity of goods, quality of services, or defect in goods or deficiencies of services in any manner whatsoever. Merchant shall be solely responsible to its Customer.
- In the event, Merchant has chosen to avail of the Payout Services then in that event, Cashfree shall transfer the funds on the instructions of the Merchant to third parties. Cashfree shall not be responsible in case funds are settled incorrectly provided Cashfree has followed the instructions of the Merchant correctly,
- The settlement of funds shall be subject to certain deductions. Cashfree shall be entitled to deduct its Consideration for the rendition of Services, taxes on such Services, Chargebacks, and Refunds from the settlement amount due to the Merchant.
- CHARGEBACK
- Cashfree provides a Cashfree Platform to various Merchants (applications/ websites/ stores/ shops) for accepting money through multiple instruments like UPI, Net Banking, Credit Card, Debit Card, Wallets, etc. In case the transaction do not successfully go through and the funds are deducted from the Customer’s account, in such case, Cashfree shall support to resolving the disputes within the prescribed turnaround time.
- The Chargeback shall be processed in the following manner:
- Customer to contact his/ her bank to file a dispute;
- On receipt of intimation from the Acquiring Bank, Cashfree shall create a dispute ID on behalf of the Acquiring Bank and send a communication to the Merchant.
- Merchant shall log in to Cashfree Platform to see all pending disputes.
- Merchant shall upload proof(s) against each new dispute ID within the timelines given by acquiring bank.
- Cashfree shall review the document and share them with the Acquiring Bank on behalf of the Merchant.
- Basis the proof(s) submitted, the Acquiring Bank may choose to accept or reject the claim.
- Acquiring Bank shall inform the Customer and Cashfree about the final result of the Dispute.
- Cashfree shall mark the status of the dispute as ‘Won’/ ‘Lost’ as per Acquiring Bank’s feedback, and shall debit the amount from the respective Merchant if the dispute is lost.
- Debit against any lost dispute will be settled with Merchant’s upcoming settlement.. However, no debit would be done if the dispute is defended successfully.
- REFUNDS
- Refunds are reversal transactions wherein complete or partial money is moved back to Customer’s source account (account from which actual payment was made) with some exception cases as given below. A refund can only be created for a successful or settled transaction only as per the refund policy of the third-party merchants. A refund arises in the following scenarios:
- Customer has changed his mind about the consumption of product pre/ post order delivery.
- Refund can be initiated by the Merchant in the following scenarios:
- Product/ service is out of stock
- Mismatch in transaction status between Cashfree and Merchant wherein transaction is failed state at Merchant's end but is successful at Cashfree's end
- The Customer/ Merchant can initiate complete refunds to the Customer’s source account.
- The process followed for Refunds is as under:
- Merchant to initiate refund.
- Cashfree validates the refund against the original order. These are basic validations like a cumulative refund on this order i.e. order value, the order is not more than a year old etc or as per the merchant refund policy;
- Sync confirmation after validation of refund is provided in response to the request.
- Once the refund is validated at Cashfree’s end, Cashfree deducts the refund amount from the Merchant’s pending settlement amount.
- Cashfree initiates the refund to the Bank. Apart from net banking refunds as it is instant in nature, most of the net banking refunds are file-based and hence, are sent to the Bank on the next working day.
- Once the Bank accepts the refund, Cashfree sends the message ‘Success Refund’ to the Merchant. This depicts that a refund has been initiated.
- Bank credits the Customer's source account with the refund amount.
- There are some exception cases where a refund is not processed in the Customer source account/mode when source account/mode is closed, wallet limit exhaust, Customer requested to get a refund in a different account and when order is old and hence automatic refund couldn’t be processed in the source.
- CASHFREE FEE
- Merchant shall pay and Cashfree shall receive Consideration for Services rendered in accordance with the terms of the Agreement. The rate at which the Merchant Discount Rate or the Transaction Discount Rate or the Platform fee shall be agreed by the Merchant and Cashfree mutually. The Consideration shall be deducted from the Settlement Amount or Cashfree Payout Account (as applicable) for the Transactions made using Services.
- The Consideration shall be exclusive of the tax applicable, including goods and services tax, on such Consideration and such tax shall be charged in addition to the Consideration by Cashfree. Any variation in applicable taxes shall be borne exclusively by the Merchant.
- The Consideration shall be deducted from the amount so collected on behalf of the Merchant before the amount so collected from the Customer is settled in the Designated Bank Account.
- In addition to the Consideration, Cashfree shall be entitled to charge a penalty, fine, or additional liability imposed by the law enforcement authorities including tax authorities or regulators upon Cashfree because of the act of the Merchant.
- Cashfree has the right to raise invoices for the amount due and payable by the Merchant, and shall raise the monthly invoices every month for the Consideration payable, which must be paid by the Merchant within 5 (five) days of receipt of the invoice.
- If there is any delay in payment of the Consideration upon receipt of the invoice from Cashfree, the Merchant shall be liable to pay a late payment fee at the rate of 24% (twenty-four percent) per annum (compounded annually) on any outstanding amount.
- The Merchant shall be responsible to undertake reconciliation on a daily basis. If the Merchant identifies any discrepancies, the same must be notified to Cashfree within 3 (three) days. However, if the Merchant fails to highlight any issues within such 3 (three) days, then Cashfree shall not be held liable for not resolving any queries and/or concerns.
- The Merchant shall be responsible to pay all taxes under applicable law. The Merchant shall indemnify Cashfree for any liabilities incurred by Cashfree for failure of the Merchant to pay the applicable taxes within timelines specified under applicable law.
- REDRESSAL
- The grievance of the Merchant and Customer shall be addressed in accordance with Cashfree’s Merchant and Customer Grievance Redressal Policy.
- In the event, a Customer grievance is raised through a legal enforcement agency, then in that case, Cashfree shall take steps as instructed by the legal enforcement agencies to address the complaint. In the event, Cashfree had to reverse the transaction, it would adjust the said amount from the settlement amount receivable by Merchant.
- REJECTION / CANCELLATION / WITHHOLDING
- Rejection
- Notwithstanding anything contained anywhere, the Merchant hereby fully confirms and agrees that Cashfree reserve the right to reject payments prior to authorisation in the following situations:
- The Transaction is for any reason unlawful, unenforceable, doubtful, or erroneous.
- Any Transaction made through a card outside the territory authorized for the use of the card.
- Any Transaction cancelled due to a very high-risk score discovered using Cashfree fraud mitigations tools.
- The Transaction not having obtained a necessary authorisation/Authentication as required to be obtained.
- The Customer’s name or account number or any other necessary details is found to be omitted or incomplete.
- Cashfree is of the opinion that there are suspicious circumstances surrounding the Transaction.
- If the Transaction was not made in accordance with the requirements API requirements of Cashfree.
- Payments can be rejected by Acquiring Bank/Issuers post authorisation and prior to settlement in the following circumstances:
- The second or subsequent debt amount in case Transaction is debited more than once from Customer Bank Account.
- Authorisation cancelled Transaction.
- Withheld Transaction found to be fraudulent or invalid.
- Refund Transactions
- Cancellation
- Pre-Authorisation Cancellation: This is a paid service offered by Cashfree and shall be applicable only if this service is explicitly enabled by the Merchant. This service implies the process of unblocking the Transaction amount earlier blocked by the Acquiring Bank/Issuer from the Customer Valid card/Bank Account before that amount is settled into Escrow Account. Following are the situations where Pre-Authorisation Cancellation may take place:
- Acquiring Bank initiated the Pre-Authorisation Cancellation for any reason/cause whatsoever.
- Merchant initiated Pre-Authorisation Cancellation showing his inability to make Delivery of the Products.
- Withholding
- All Settlement Amount due to the Merchant may be withheld or delayed till such time as Cashfree, the Acquiring Banks and/or Escrow bank deems fit, if
- The Merchant or its Customer or a third party commits any fraud or violates any applicable law or legal requirement;
- Cashfree and/or the Acquiring Banks have reasons to believe that a fraud has been committed against the Customers, Cashfree, Acquiring Banks or any third party by the Merchant, its Customers, or any other third party; or has reason to believe that the Merchant or the Customer has in connivance with any other person done any fraud or assisted in the same; or any transaction has been fraudulently initiated;
- The Merchant has excessive pending Chargebacks or poses high Chargeback and/or refund Risk;
- Continuous non-delivery or delayed Delivery of Merchant’s Services to Customers; or
- For any other reasonable reasons. In the event of suspended or delayed payments mentioned above, Cashfree shall promptly intimate the same to the Merchant. Also, Cashfree may impose transaction limits either temporarily or permanently in order to reduce reasonable apprehension of risk or loss under varying circumstances.
- FRADULENT TRANSACTIONS
- In the event, that Cashfree is intimated, by the Acquiring Bank or a Card Association, that a Customer has reported an unauthorized debit of the Customer's payment instrument or the Merchant has by way of fraud against the Customer made the Customer do an unauthorized debit ('Fraudulent Transaction'), then Cashfree shall be entitled to suspend the settlement of the amount associated with the Fraudulent Transaction during the pendency of inquiries, investigations, and resolution thereof by the Acquiring Bank or the Card Payment Network. If the Fraudulent Transaction results in a Chargeback, then the Chargeback shall be resolved in accordance with the provisions relating to Chargeback as set out under these Terms and Conditions.
- Further, Cashfree also reserves the right to close, suspend, limit or put on hold the Merchant’s access to the account with Cashfree and/ or the funds available therein, including Settlements Amount under inter alia the following scenarios:
- If such Merchant’s KYC credentials are found to be ingenuine or fake.
- If the Merchant makes incorrect or untrue disclosure of the nature of its business, resulting in a merchant category code violation.
- For violation of any of the provisions of the Terms and Conditions.
- For violation of any of the provisions of any other agreement that the Merchant has entered into or might enter into with Cashfree.
- For violation of any of the applicable laws by the Merchant.
- Such right to close, suspend, limit or put on hold the Merchant’s access to the account with Cashfree shall continue till such time that the Merchant submits genuine KYC documents or credentials to the satisfaction of the relevant authorities as per the extant rules, regulations or guidelines with regard to KYC, as well as to the satisfaction of Cashfree without prejudice to any other legal remedy that Cashfree is entitled to prefer as per applicable law.
- DEDUCTIONS
- Cashfree is hereby authorised and entitled to debit the Settlement Amount for any Outstanding Amount payable by Merchant to Cashfree (in short as “Deductions”). The said payments shall not be dependent upon or conditional to Merchant obtaining payment whether through Escrow bank or otherwise from Customers in respect of the Merchant’s Services and/or irrespective of whether Merchant complies with the Order placed by Customer with Merchant. Merchant agrees and undertakes to execute all authorizations and writings as may be required in this regard by Cashfree from time to time and shall ensure that there are always sufficient funds in the Merchant’s Account. Cashfree shall also debit the amounts erroneously paid in excess to the Merchant.
- DISBURSEMENT
- Cashfree shall enable Disbursement to the Beneficiary through api calls and such api calls will be authorised by the Merchant.
- The Merchant acknowledges that for availing Services, Cashfree may designate a Merchant Payout Account where the Merchant shall maintain and provide sufficient funds to liquidate payment obligations of the Merchant of Disbursing the monies to the Beneficiaries or performing the Verification Services via the Verification Suite. The Merchant shall be solely responsible for recharging and maintaining sufficient funds in the Merchant Payout Account to enable Cashfree to provide Services. In the event the funds in the Merchant Payout Account for the Disbursement falls deficit, Cashfree shall not be liable to process any Disbursement Instruction by the Merchant.
- Merchant shall Disburse the money to the Beneficiary through the Dashboard / Cashfree Platform made available to the Merchant after entering all the necessary details of its Beneficiaries. The details of the Beneficiaries shall be in such format as may be provided on the Dashboard / Cashfree Platform. Cashfree in case of payouts acts as a mere technology service provider to the Merchant.
- The Merchant shall process the Disbursement and/ or perform Verification Services via the Verification Suite through the Dashboard or the Cashfree Platform. As Cashfree does not interfere with the Dashboard or the Cashfree Platform, Cashfree shall not be held liable for any error, omission, negligence, or delay in connection with the details of the Beneficiaries and Instructions provided by the Merchant.
- The Merchant agrees to conform to the prescribed authentication technologies and security measures (as per Cashfree’s API specifications) required for providing operating the Dashboard and getting access to the Cashfree Platform and undertakes to take all reasonable steps to ensure that the accuracy, completeness, authenticity, and security of the details provided is not tampered or violated.
- The Cashfree shall not be liable in case the Instructions provided on the Dashboard or the Cashfree Platform are incorrect and transaction does to go through to the desirable beneficiaries. The Merchant agrees that record of such Instructions on the Dashboard or the Cashfree Platform and the contents thereof shall be proof of the Merchant's Instruction and shall be binding on the Merchant and the Merchant shall not contest or dispute the same in any manner whatsoever. The Merchant shall keep Cashfree indemnified against any loss or damage that Cashfree may suffer due to any such Instruction/ information or by the action of another Party.
- The Merchant agrees that Cashfree shall have an indisputable right to file a funds reversal request with the Partners as per applicable law.
- Merchant through the Cashfree Platform shall generate the unique cashgram link for each beneficiary to Disburse the money (as applicable) and the Merchant shall provide all the necessary details of its Beneficiaries on the Dashboard or Cashfree Platform.
- The Merchant shall ensure that it obtains an authorization/consent from each Beneficiary for the Verification Services to be carried by Cashfree in the due course of providing the Services and based on the said representation by the Merchant, Cashfree has agreed to provide such services hereunder. Additionally, the Merchant shall provide Cashfree a copy of the consent or any other proof evidencing each Beneficiary’s such grant of consent (in a form and manner, prescribed under applicable law) as and when requested by Cashfree. In case the Merchant fails to provide proof of such Customer consent and consequently any penalty is levied upon Cashfree by any Partners, the Merchant hereby agrees to fully indemnify Cashfree for such penalty that may be imposed upon Cashfree which is solely attributable to the Merchant’s failure to provide proof of Customer consent.
- AUDIT
- Except as required by applicable law, the Merchant shall be solely responsible for: (a) compiling and retaining permanent records of all Transactions and other data and (b) reconciling all Transaction information that is associated with its Customers.
- The Merchant shall maintain records of such periodical checks in such manner as may be specified by Cashfree, Acquiring Banks and/or any regulatory authority. Cashfree, Acquiring Banks and/or the regulatory authorities shall be entitled to check and audit records and statements of the Merchant to ensure compliance with the Merchant’s obligations at such intervals or times as Cashfree, Acquiring Bank and/or the regulatory authorities may deem fit.
- The Merchant shall also permit the authorised representatives of Cashfree, the Acquiring Banks and/or the regulatory authorities to carry out physical inspections of the place(s) of business or other facilities of the Merchant to verify if the Merchant follows its obligations hereunder.
- The Merchant shall provide all cooperation with Cashfree, the Acquiring Banks and/or the regulatory authorities for any audit, inspection, or pursuant to any other request.
- If the Merchant refuses such inspection or provides inaccurate, untrue, or incomplete information, or fails to comply with the Terms and Conditions, Cashfree reserves the right to suspend or terminate the Services forthwith.
- Merchant shall comply with the required standards as prescribed under applicable law relating to cyber security. Cashfree or Acquiring Bank or the Regulator may either on its own or through third party agencies undertake inspection of the information technology infrastructure of the Merchant to the extend to ensure that the Merchants information technology infrastructure complies with the applicable law relating to cyber security.
- Cashfree also the right to call upon periodic security assessment reports of the Merchant.
- OBLIGATIONS OF MERCHANT
- The Merchant agrees to process returns of, and provide refunds and adjustments for, Merchant’s Services sold and/or payment collected through its Merchant Site in accordance with terms of the agreement signed with the Customer, the Acquiring Banks instructions and Card Association Rules.
- The Merchant understands that all refunds must be routed through the same Acquiring Bank payment gateway through which the Transaction was made. In the event that the Merchant initiates refunds through any other mode, the Merchant shall be fully liable for all Chargebacks raised in respect of the Transaction refunded.
- The Merchant shall ensure that Cashfree at all times have sufficient funds of the Merchant to process refunds initiated. Cashfree shall not be liable to process any refund initiated in the event of insufficient funds.
- The Merchant understands that no refund shall be processed by Cashfree after a period of 180 (one hundred and eighty) days from the date of the Transaction.
- The Merchant shall:
- maintain a fair return, cancellation or adjustment policy in accordance with type of business;
- disclose its return or cancellation policy to Customers at the time of purchase,
- not give cash refunds to a Customer in connection with a card sale, unless required by law, and
- not accept cash or any other item of value for preparing a card sale refund.
- It is hereby agreed and acknowledged by the Parties that the Consideration charged by Cashfree in respect of a Transaction that has been confirmed shall not be refunded or repaid by Cashfree to the Merchant or any other person irrespective of the Customer Payment Amount being rejected, Chargeback, refunded or disputed.
- The Merchant is solely responsible for all Customer service issues relating to the Transaction, Merchant’s Services sold on its Merchant Site including but not limited to Customer Payment Amount, order fulfilment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support and feedback concerning experiences with its personnels, policies or processes. In performing Customer service, the Merchant will always present itself as a separate entity from Cashfree.
- The Merchant agrees to notify Cashfree of any Third-Party claim that the Merchant’s use of the Services conflicts with or infringes upon or violates any rights of such Third Party.
- Merchant agrees and acknowledges that Cashfree is not bound to provide any support services on termination of these Terms and Conditions.
- Merchant undertakes to provide all the information and assistance as is required by Cashfree or if the same is required to be provided to government or judicial/quasi-judicial authorities by Cashfree.
- Merchant undertakes not to offer any products, which are illegal or offensive or prohibited as per the list provided in Annexure A and/or are not in compliance with applicable laws, rules, and regulations prescribed by any regulatory authorities in India.
- In addition, Merchant undertakes to comply with and shall ensure compliance by the Customers with all applicable guidelines, rules, regulations issued by RBI and our Acquiring Banks and/or Card Associations. Merchant agrees and understands that Cashfree reserves the right to suspend Settlement Amount and/or Services until such time that Merchant does not discontinue selling such prohibited products or does not conform to all applicable laws and regulations in force from time to time. In addition, Cashfree reserves the right to terminate the relationship between the Parties without further notice in the case of breach of this Clause by the Merchant.
- The Merchant agrees to fully comply with all programs, guidelines, requirements that may be published and/ or mandated by the Card Association.
- Notwithstanding Cashfree’s assistance in understanding the Card Association Rules, the Merchant expressly acknowledge and agree that the Merchant assuming the risk of compliance with all provisions of the Card Association Rules, regardless of whether the Merchant is aware of or have access to those provisions.
- MasterCard, Visa and American Express make excerpts of their respective rules available on their internet sites.
- In the event of the Merchant’s non-compliance of Card Association Rules, results in any fines, penalties or other amounts being levied on or demanded from Cashfree by a Card Association, then without prejudice to Cashfree’s other rights hereunder, the Merchant shall forthwith reimburse Cashfree in an amount equal to the fines, penalties or other amount so levied or demanded or spent by us in any manner in relation to such fines, penalties and levies.
- The Merchant undertakes and agrees to be solely responsible for obtaining permission from its sub-merchants, Customers or any clients for Cashfree to effect recurring billing and for debiting their respective accounts. It is agreed between the Parties that Cashfree shall not be responsible for any claims from any of the Merchant’s sub-merchants, Customers or any claims against Cashfree for debiting their respective accounts in respect of the recurring billing.
- The Merchant shall be solely responsible for the accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the Merchant’s Services, which are offered on its Merchant Site.
- The Merchant shall resolve all customer grievance and disputes in line with terms agreed with the Customer or Applicable Laws, whichever is earlier.
- The Merchant authorises Cashfree to share KYC details collected from the Merchant and Transaction data and Customer information (if any) with the respective Acquiring Banks and Card Associations.
- The Merchant shall maintain and run the Merchant Site as a part of its business and shall ensure that the Merchant Site does not contain libelous, defamatory, obscene, pornographic or profane material or any instructions that may cause harm to Cashfree, the Acquiring Banks, Card Associations and/or any other Third Party.
- The Merchant shall not require the Customer to provide the Merchant with any details of the accounts held by it with Issuer. The Merchant shall not input any data on behalf of the Customers on the Merchant Site or the Acquiring Bank, failing which it will be considered as breach of trust of Cashfree and/or of the Acquiring Bank.
- The Merchant shall ensure to keep confidential, all information submitted by the Customers on the Merchant Site. The Customer shall not be required or asked to disclose any confidential or personal data, which may be prejudicial to interests of the Customer.
- The Merchant shall not store/save any Customer’s card details/credentials and such related data within its database or any other server accessed irrespective of the Merchant being PCI-DSS compliant or otherwise. The Merchant shall be liable to comply with existing data privacy regulations from time to time.
- The Merchant shall in writing inform Cashfree of all changes in its constitution, authorized signatory/directors/partners/trustees, or change in the current addresses of each office, within 7 (seven) Business Days of such change having taken place listing out the names and details of the personnel in charge of the management and affairs of the Merchant. Such intimation shall be provided on the Merchant’s letterhead signed by the authorized signatory of the Merchant.
- The Merchant shall not engage in activities that harm the business and/or brand of Cashfree, the Acquiring Banks and/or Card Associations and shall not have any mala fide intention of duping Customers or do not sell fake/counterfeit products.
- The Merchant hereby agrees that it shall bear and be responsible for the payment of all relevant taxes, surcharge, levies etc. (including withholding taxes) in relation to the Customer Payment Amount and Services.
- The Merchant agrees to provide to Cashfree or Acquiring Banks all documents such as invoice, purchase orders, delivery challan or any other proofs as may be required to evidence the transactions carried out. Such documents shall be provided by the Merchant within 24 (twenty-four) hours of Cashfree / Acquiring Banks requesting for the same. In the event the Merchant fails to provide such documents, the Merchant agrees that Cashfree shall have the right to withhold the settlements to the Merchant, pending enquiries by the Acquiring Bank and till the resolution of such issues.
- The Merchant shall ensure that appropriate cancellation policy, refund policy, privacy policies, disclosures/disclaimers, terms of use pertaining to the Merchant Site, the terms of the Merchant’s Services provided by the Merchant and terms of paying the Customer Payment Amount are displayed conspicuously on the Merchant Site (collectively “Merchant Terms and Conditions”).
- The Merchant shall prior to accepting any instructions from the Customers ensure that the Customers are duly registered on the Merchant Site and the Customers accepts all the Merchant Terms and Conditions. The Merchant undertakes and agrees to adhere with applicable laws, rules and regulation prescribed for its business activity.
- The Merchant shall prominently display in its Terms and Conditions about the usage and applicability of its services according to the law of land for its Customers. Cashfree reserves the right to inspect the Merchant Terms and Conditions at any times.
- The Merchant unconditionally agrees and undertakes that it is compliant with and shall do/ undertake all acts necessary to continue to be compliant with the provisions of all applicable laws of its specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, issued on March 17, 2020 (PA Guidelines) read with the Clarifications to the PA Guidelines issued on March 31, 2021, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, FEMA 1999, Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI etc., that may be applicable to the Merchant in connection with its business and use of Services.
- The Merchant agrees that Cashfree reserves a right to suspend the payment and/or Services provided herein, forthwith, in event the Merchant fails to observe the Terms and Conditions herein.
- The Merchant undertakes and agrees to be solely responsible for the accuracy of all information and details of the Beneficiaries. It is agreed between the Parties that Cashfree shall not be responsible for any claims from any of the Beneficiaries or Merchant due to any error, delay, omission by the Merchant with respect to the Instructions and details/information of the Beneficiaries. Cashfree shall not be responsible to verify any information and details of the Beneficiaries relating to the Services. Cashfree shall assume that information and details of the Beneficiaries are correct and accordingly Cashfree shall perform the Services.
- The Merchant authorises Cashfree to share Customer information/data with the Partners necessary to provide the Services.
- TERMINATION
- Cashfree is entitled to terminate the Services, at its option by giving a notice of 30 (thirty) days in writing to the Merchant.
- If there is a breach of these Terms and Conditions by the Merchant, Cashfree may give written notice of 15 (fifteen) days to the Merchant to cure the breach, if such cure is possible, failing which Cashfree shall forthwith terminate the Services.
- Cashfree shall be entitled at its option, to immediately terminate the Services by giving written notice on that behalf, to the Merchant on the happening of any of the following events:
- If the Merchant becomes or is declared bankrupt or goes in liquidation voluntary or compulsory;
- If the Merchant ceases to carry on its business or suspends all or substantially all of its operations;
- There is any material adverse change or any change in applicable law, rules, regulations, directives or guidelines, which prevents the continuing of the arrangement;
- If an event of any Force Majeure conditions continues for a period in excess of one month;
- If the Merchant engages in fraud or other illegal or unethical activities.
- In case a Merchant engages in a business listed in the list of the Negative, Risky and Restricted Categories of business provided under Attachment A to these Terms and Conditions.
- Termination shall not release the Merchant from the obligation to make payment of all amounts then due and/or payable.
- Termination shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.
- If there are reasonable grounds for Cashfree or any of its Acquiring Bank to suspect or upon receiving an intimation in written mode of communication from the Acquiring Bank that a Transaction conducted on the Merchant platform in suspicious manner which amounts to breach of these Terms and Conditions or as a fraudulent Transaction, against the Acquiring Bank or any Customer, Cashfree shall be entitled to suspend its services immediately, terminate the Services with immediate effect without having to give any notice of termination to the Merchant and withhold the settlements to the Merchant, pending enquiries by the Acquiring Bank and till the resolution of such issues. Cashfree shall also have the right to block any future payments in this regard.
- Cashfree shall have the right to terminate the Agreement immediately in the event Chargeback to Gross Transaction Value Ratio goes beyond 1%.
- The Merchant agrees and confirms that the Merchant shall remain solely liable after the termination of the Services for all Chargebacks, refunds, penalties, loss, damages or cost incurred by Cashfree, and/or Customers and for all claims and proceedings arising against Cashfree. At the time of termination, Cashfree may retain such Settlement Amount payable to the Merchant (including Settlement Amounts withheld) as may be determined by Cashfree to cover chargeback risk, refund risk or any potential loss, damages, penalties, cost that may be incurred by Cashfree and/or Customers for a period of 180 (one hundred and eighty) Business Days. Subject to this Clause, all settlement to the Merchant after notice of termination shall be done post-termination. In the event that such retained amount is not sufficient to cover all Outstanding Amounts of the Merchant post-termination, the Merchant shall ensure that it pays Cashfree all pending amounts within 10 (ten) days of receiving the demand notice and shall at all times keep Cashfree indemnified in this respect. This Clause survives the termination.
Annexure 1
List of the Negative, Risky and Restricted Categories of business
As already Provided under Attachment A to these Terms and Conditions
Schedule B
Special Terms and Conditions to the Payment Aggregation Services
In addition to the Terms and Conditions provided at the top of this webpage, the Payment Aggregation Services shall be rendered in accordance with the following specific terms and conditions:
- Cashfree enables acceptance of domestic and international payments, through various Payments Instruments. Merchant is provided either a pre-coded check-out integration or customized payment flow. Merchant may also choose to use software development kits to easily integrate its own mobile application or website to the gateway of Cashfree. Such integration will be done by the Merchant on its own and Cashfree will not be required to provide any support for such integration. Merchant may collect payments using various Payments Instruments after such integration of application programming interface.
- Cashfree shall also enable a Dashboard to the Merchant. The Dashboard shall enable the Merchant to manage the payments, refunds, and settlements. The Dashboard will also provide analytics from day-to-day business. For providing analytics, the Cashfree shall use the payments data so collected in relation to the business of the Merchant. The payment data shall be used only to provide the analytics. Any consent for usage of the data relating to the payments or transactions of the Customer shall be procured by the Merchant.
- The Dashboard shall provide visibility of the timeline for each payment received, beginning from the time the order was raised to the time it is completed. The Dashboard will also provide details of the Refund.
- Cashfree has made available software development kits for mobile applications, web applications, and plugins for different partners. The Merchant may choose to integrate their mobile application or a web application with the Cashfree Platform on their own. In the event, Merchant uses plugins to integrate the payment gateway on the platform of a partner, the Merchant should have been abiding by the terms and conditions as stated by the partner of Cashfree for the use of its platform. Cashfree shall not be responsible for any defect or deficiency of services rendered by the partner of Cashfree.
- The integration will take place in accordance with the application programming interface provided by Cashfree and the documentation for such application programming interface shall be available on website of Cashfree Website.
- Cashfree shall provide for the following reports: (i) transaction report; (ii) settlement reconciliation report; (iii) settlement summary; (iv) refund report (v) ledger report. Cashfree shall not be required to provide any additional notice or report regarding the transactions to the Merchant in any manner whatsoever. The Merchant shall be solely liable for supervising the performance of its transactions. The Merchant should be aware of the reports including the refunds processed, settlements made and transactions carried out through the Cashfree Platform.
- Cashfree shall provide for several Payment Instruments after integrating with several banks, payment aggregators, payment gateways and payment service operators. These integrations will be managed and operated in accordance with the existing laws, and guidelines issued by such partners and contracts with such partners. The Merchant at all times be responsible to support Cashfree in complying with the applicable laws, guidelines issued by the partners and contracts entered between Cashfree and such partners on best efforts basis.
- Cashfree shall facilitate e-commerce websites and Merchants to accept various Payments Instruments from the Customers for completion of their payment obligations without the need for Merchant to create a separate payment integration system of their own.
- Cashfree shall facilitate the Merchants to connect with Acquirer Banks.
- Cashfree shall collect funds from the Customer, pool such funds in an Escrow Account and disburse such funds in accordance with the applicable law.
- The General Terms and Conditions to Services clearly delineate the roles and responsibilities of the Merchant, Cashfree, and Acquiring Banks in sorting/handling complaints, refund / failed transactions, return policy, customer grievance redressal including time for resolving queries, dispute resolution mechanism, reconciliation, etc.
- Cashfree has a board-approved Merchant Grievance Policy and has appointed a nodal officer for regulatory and customer grievance handling functions. The details of the nodal website are provided on the Cashfree Website.
- Cashfree has a board approved Know Your Client / Anti Money Laundering Policy in terms of which a Merchant is onboarded.
- Cashfree shall undertake background and antecedent check of the Merchant. Cashfree shall ensure that the Merchant does not have any mala fide intention of duping Customers, does not sell fake/counterfeit/prohibited products, etc.
- The website of the Merchant shall clearly indicate the terms and conditions of the services or sale of goods. The website of the Merchant shall also provide a timeline for processing returns and refunds as may be claimed by the Customer.
- Cashfree shall be entitled to check payments card industry – data security standard and payment application data security standard compliance of the infrastructure of the Merchants that are on-boarded.
- The Merchant shall ensure that its website does not save Customer card and such related data.
- Cashfree may carry out a security audit of a Merchant to check compliance as and when required.
- The Merchant shall ensure that the Customer Data or payments data or transaction data is secured in accordance with applicable laws. The Merchant shall ensure that the privacy of the Customer is protected in accordance with the applicable laws.
- The Merchant shall ensure that any incident relating to the breach of data or breach of privacy is informed to the Cashfree within a reasonable time.
- Cashfree shall obtain periodic security assessment reports either based on the risk assessment (large or small merchants) and/or at the time of renewal of contracts.
- Cashfree shall maintain the amount collected by it in an Escrow Account with any scheduled commercial bank. Cashfree may operate two Escrow Account as permitted by the applicable law.
- Cashfree may shift the Escrow Account from one bank to another.
- Cashfree may call upon the Merchant to pre-fund the Escrow Account.
- The Escrow Account shall not be operated for ‘Cash-on-Delivery’ transactions.
- The Escrow Account shall be credited or debited with the permitted transactions in accordance with the applicable law.
- Cashfree shall be free to share the details of the Merchant, notwithstanding the confidentiality obligations, with the Acquiring Bank, legal enforcement agencies and regulators. Cashfree shall be free to share the details of the transactions, notwithstanding the confidentiality obligations, with the Acquiring Bank, legal enforcement agencies, and regulators.
- Cashfree shall ensure that the payments are made only to eligible Merchants that have not indulged in any fraudulent transactions and have shown responsible behavior. Cashfree shall settle the money to the Merchant only and only in case Merchant has participated in a legible business.
- Cashfree shall have a mechanism to prevent and detect fraud and in this regard, Cashfree may choose to monitor the behavior of the Merchant ongoing basis. Cashfree shall also to prevent fraud, monitor the daily transactions from time to time with the support of information technology tools.
- Cashfree shall monitor, handle, and follow-up cyber security incidents and breaches. Cashfree shall provide details regarding such cyber incidents and breaches immediately to the RBI and CERT-IN.
- In the event, the Merchant is undertaking the business of market-based e-commerce, then in that case, the Merchant shall be completely responsible for the fraudulent or suspicious behavior of a Sub-Merchant onboarded on its platform. The Merchant shall carry out due diligence of a Sub-Merchant in accordance with the guidelines issued by the RBI for conducting KYC. The Merchant shall store the KYC-related documents with it for a period of 10 (ten) years and shall update the KYC of its Sub-Merchant on a periodic basis. The Merchant shall be under an obligation to provide the KYC-related documents to Cashfree within a period of 3 (three) Business Days of receipt of an intimation for such documents. Failure to provide an updated KYC document to Cashfree shall entitle Cashfree to recover the dues and damages from the Merchant due to the unavailability of the Sub-Merchant.
- In the event, Cashfree has offered payment solutions related to Payment Aggregator Cross Border (‘PA-CB’) Scheme issued by the RBI, the Merchant shall comply with the guidelines issued by RBI authorized modes of payments, settlement and reporting.
Schedule C
Special Terms and Conditions to Auto-Collect
- This Service enables collection of incoming bank transfers and UPI payments and track and automatically reconcile payments. Also, Auto-Collect uses virtual account and virtual UPI IDs to collect payments.
- Auto-Collect shall cover collections of monies through electronic mode and shall not be extended to cover any other payments or receipts of any nature whatsoever. The monies collected by Cashfree through Auto-Collect will be credited to the Designated Bank Account registered with Cashfree.
- The Merchant acknowledges and agrees that the instructions for the Auto-Collect shall be processed by Cashfree only if the same are received on a Business Hours before the cut off time.
- The Merchant shall ensure that instructions are delivered to Cashfree for collections by the Merchant or any person authorized by the Merchant. Cashfree shall not be liable or responsible for acting on such instructions by the Merchant or any other authorized person.
- In the event, the Merchant’s title to the monies collected under Auto-Collect is found to be fraudulent or the Merchant is found to have no title to the monies, then the Merchant undertakes to refund monies/ cash (together with interest, if any) forthwith to Cashfree along with interest at the rate as stipulated by Cashfree from the date of credit till the date of payment. The Merchant in such cases shall defend any legal action against Cashfree by any third party at its own cost for alleged conversion/misappropriation of monies/ cash.
Schedule D
Special Terms and Conditions to Payout Services
The Payout Services shall be rendered by the following specific terms and conditions:
- Cashfree shall provide Payout Services to the Merchants by integrating a current account managed by the Merchant with its bank. The Payout Services also facilitate payments into the UPI or Wallet maintained by the beneficiary.
- Cashfree shall route the transaction in case of UPI through banking partners, in case of wallet through other pre-paid instrument issuers, in case of the bank through card networks.
- Cashfree shall provide a Dashboard that would enable the Merchant to actively disburse the funds. The Dashboard also enables to effectively operate, automate and monitor the account of the Merchant. The Merchant can use the dashboard to manage transfers and reversals, handle disputes and gain insights into the overall disbursals of its business. The Dashboard is completely managed by the Merchant and Cashfree shall not make any interference in the said Dashboard.
- A summary on the Dashboard shall provide high-level insights into the payout account of the Merchant. The summary provides information about available balance and transferred amounts. The summary also provides some statistics about your daily and weekly transfers. The summary on the Dashboard also provides useful at-a-glance insight about the payout disbursals of the Merchant related to its business.
- Merchant can create either an (i) Recharge; or (ii) Direct payout account. The payout recharge account provides details of the payouts on the Dashboard once the account is created by Cashfree. Each Merchant has given an account number and an IFSC Code for its payouts account. The merchant should add funds for disbursals to the recharge account. The Merchant is at liberty to add funds to any bank account or UPI or Wallet from its payout recharge account. Payout Direct permits a Merchant to make instant automated payments directly from its bank account. Cashfree is only responsible for integrating the Cashfree Platform with the bank account of the Merchant and acting as a technology service provider to the Merchant. In the case of a payout direct account, the Merchant, however, will not be able to make the disbursals using cards, UPI, and Wallet as a Payment Instrument.
- In case a Merchant is utilizing both Payment Aggregation Services and Payout Services, the Merchant may by way of a written intimation made to Cashfree through its key account manager, may direct Cashfree to settle the funds into the payouts accounts. Once funds are settled from the Escrow Account, such funds can be utilized for disbursals.
- The Merchant shall ensure that it deducts and performs all the compliances related to tax regulations relating to either Goods and Services Tax or Income Tax about the payments that are made to the beneficiary. The Merchant shall be willing to provide proof or evidence of such compliance in case Cashfree calls for such compliance.
- The merchant shall be responsible for opening, maintaining, funding, and managing the current account.
- Cashfree may provide for an account to pool the funds and disburse such funds on the instructions of the Merchant.
- A merchant may take services of Cashfree to seek validation of the account where disbursement is made to confirm that such disbursement is to a verified account.
- In the event, such services are not availed, the Merchant shall be solely responsible for any disbursements from either the pool account maintained by Cashfree or the current account of the Merchant as the case may be.
- Merchant shall be responsible for undertaking necessary steps to ensure to conduct a background check of parties that would receive funds from the pool account or the current account.
- Cashfree shall not be privy of the transaction between the Merchant and the recipient in any manner whatsoever, Cashfree only performs Services as an intermediary between the Merchant and the recipient of funds.
Schedule E
Special Terms and Conditions to Verification Services
The Verification Services shall be rendered in accordance with the following specific terms and conditions:
- Cashfree enables Verification of Beneficiaries details at the instruction of the Merchant with or without disbursement of token amount in the Beneficiaries accounts. The Merchant shall keep the Cashfree Payout Account funded if the Verification Service is provided by Disbursing the Token Amount in the Beneficiaries Payment Instrument.
- Cashfree shall perform the Verification Service in accordance with the Instructions and details of the Beneficiaries provided by the Merchant and Cashfree shall not be held liable for any error, omission, negligence, delay in connection with the details of the Beneficiaries and Instructions provided by the Merchant.
- Cashfree shall provide access to a Dashboard to the Merchant. The Dashboard shall enable the Merchant to manage or initiate the Verification Services of the Beneficiaries. The Dashboard shall also enable the merchant to check the status of the Verification Services initiated by them.
- The General Terms and Conditions to Verification Services clearly delineate the roles and responsibilities of the Merchant, Cashfree, and Partners in reference to the performance of their obligations.
- Bank Account Validation/ Verification
- UPI Verification
- IFSC Verification
- PAN Verification
- Aadhaar Verification
- GSTIN Verification
- Using this feature the Merchant can verify the Goods and Services Tax Identification Number of the Beneficiary. To verify the Beneficiary’s GSTIN details the Merchant shall share GSTIN of the Beneficiary with Cashfree.
Steps for verifying the GSTIN:
- Go to Verification Suite Dashboard > GSTIN >click Verify GSTIN.
- Enter the GSTIN you want to verify.
Schedule F
Special Terms and Conditions to Subscription Services
For Subscription/ Recurring Payment, the Merchant acknowledges, undertakes, and agrees that:
- This Service facilitates issuance and confirmation of mandate by the Customers through alternate channels to paper-based mandate.
- The Customer desirous of opting for e-Mandate/ recurring payment/ standing instructions shall undertake one-time registration process as per Applicable Laws including ‘Additional Factor Authentication’ (AFA). An e-Mandate shall be registered only after successful AFA validation (if any), in addition to the standard process by the Facility Providers. The Merchant understands that any modification in the existing e-Mandate shall entail AFA validation by the Customer. The Merchant agrees to share all relevant information/ instructions with Cashfree for effecting an e-Mandate from time to time.
- The Merchant shall send a pre-transaction notification to the Customer, at least 24 hours prior to the actual charge/ debit to the Payment Instrument. The Customer should be given the facility to choose a mode of communication for receiving pre-transaction notification, the facility of changing such mode of communication for receiving pre-transaction notification shall also be available with the Customer.
- The pre-transaction notification shall at the minimum inform the Customer about the name of the Merchant, Settlement Amount, date and time of debit, reference number of Transaction/ e-Mandate, reason for debit etc.
- On receipt of pre-transaction notification, the Customer shall have the facility to opt-out of the e-Mandate, such withdrawals can also be initiated by the Customer with the Facility Provider.
- The Merchant shall be solely responsible for obtaining permission from its Customers for Cashfree to effect e-Mandate/ billing and for debiting their respective accounts/ Payment Instruments. It is agreed between the Parties that Cashfree shall not be responsible for any claims from any of the Merchant’s Customers or any claims against Cashfree for debiting their respective accounts/ Payment Instruments in respect of the e-Mandate.
- Until the Customer or the Merchant terminates or cancels the e-Mandate instruction, Cashfree will continue to charge the Settlement Amount to the relevant Customer according to the billing cycle. If the Customer revokes his/ her consent to the e-Mandate instruction, the Merchant agrees to immediately notify Cashfree in writing; if intimation of revocation of e-Mandate is not made in a timely manner to Cashfree, Cashfree shall not be liable if any e-Mandate are charged to the Customer.
- If the Customer's Payment Instrument does not have adequate funds, the Merchant acknowledges and agrees that Cashfree shall not be liable for processing any e-Mandate instructions.
- Once the Merchant has set/ created the e-Mandate instruction, the Facility Provider may take up to 1-2 Business Days to activate or execute the e-Mandate transaction.
Schedule G
Special Terms and Conditions to PA-CB – Payment Services
The PA-CB payment services shall be rendered in accordance with the special terms and conditions stipulated under Schedule B (Special Terms and Conditions to the Payment Aggregation Services) along-with the following specific terms and conditions:
- Merchant shall ensure that no transaction is related to, directly or indirectly, import and/or export of any restricted / prohibited goods and services (not permissible under the prevailing Foreign Trade Policy).
- In case per unit goods / services imported is more than ₹2,50,000 (Indian Rupees Two Lakhs and Fifty Thousand), then Merchant shall provide the necessary documents, to Cashfree, required for undertaking due diligence of the Customer.
- In respect of import and export transactions processed by Cashfree, the Merchant acknowledges that the maximum value per unit of goods / services sold / purchased shall be ₹25,00,000 (Indian Rupees Twenty-Five Lakhs) (or such other value as may be permitted by RBI from time to time).
- Parties shall comply with the notification titled ‘Regulation of Payment Aggregator – Cross Border (PA - Cross Border)’, dated October 31, 2023 (as amended), notified by the RBI.
Schedule H
Special Terms and Conditions to Offline Payment Modes
You shall be provided with Cashfree setup that includes an application or API (“Cashfree Setup”) that can be installed in your smartphone (“Device”) or can be integrated with in-store systems to facilitate contactless in-store face to face payments for the orders placed by the Customer with you (face-to face) using their UPI app or card. The Cashfree Setup shall enable you to accept payment via Dynamic QR, Static QR, Tap to Pay, as enabled in your Device(“Offline Payment Modes”). The terms and conditions for Offline Payment Modes are as follows:
Dynamic QR- You shall generate unique Dynamic QR code via Cashfree Setup for an order to ensure accurate reconciliation and tracking of Transactions via Cashfree Setup.
- You are responsible for determining the payment amount to be collected from the Customer using the Dynamic QR code. You must accurately input the payment amount in the Cashfree Setup to collect payment from the Customer. Cashfree shall not be liable for any errors or discrepancies in the payment amount entered by you.
- You are responsible for generating the Dynamic QR code via Cashfree Setup/ for a specific order or bill. Post the successful payment, you can check the same in the Dashboard available in the Cashfree Setup.
- You agree and acknowledge that by scanning a Dynamic QR code and confirming the payment, the Customer authorizes Cashfree to initiate the Transaction on their behalf. The Customer is responsible for verifying the payment details before confirming.
Static QR- You shall generate the Static QR code via Cashfree Setup that shall be a unique identifier for you.
- The Customers shall be needed to scan the Static QR code and enter the amount while paying through the UPI app. You shall be responsible to check the amount entered by the Customer. Cashfree shall not be responsible for any discrepancy in the amount entered by the Customer.
- Post the successful payment, you can check the same in the Dashboard available in the Cashfree Setup.
- You agree and acknowledge that by scanning a Static QR code and confirming the payment, the Customer authorizes Cashfree to initiate the Transaction on their behalf. The Customer is responsible for verifying the payment details before confirming.
Tap to Pay- Tap to Pay allows you to use the Device to accept contactless payments from the Customer’s contactless card through Cashfree Setup. The Customer can pay under Rs.5000/- (Indian Rupees Five Thousand) by tapping their card on your Device as long as contactless payment functionality is enabled for that card. An amount above Rs.5000/- will require PIN to be entered by the Customer in your Device. This facility of transaction above Rs.5000/- (Indian Rupees Five Thousand) will only be applicable for Visa and Master Cards and not for Rupay.
- After each payment is made, whether it’s successful or it failed, you will be able to generate and send a receipt to the Customer.
- You are responsible for determining the payment amount to be collected from the Customer. You must accurately input the payment amount in the Cashfree Setup to collect payment from the Customer. Cashfree shall not be liable for any errors or discrepancies in the payment amount entered by you.
- You are responsible for generating the Tap to Pay via Cashfree Setup for a specific order or bill. Post the successful payment, you can check the same in the Dashboard available in the Cashfree Setup.
- You agree and acknowledge that by accepting the Tap to Pay and confirming the payment, the Customer authorizes Cashfree to initiate the Transaction on their behalf. The Customer is responsible for verifying the payment details before confirming.
General Terms for Offline Payment Modes:
- You undertake that you shall only use Offline Payment Modes for commercial purposes and not for any personal, family or household purposes. Further, you undertake that you or your authorised personnel shall not use the Offline Payment Modes for any online transactions. For removal of ambiguity, any transactions that are not face-to-face where you and/or Customer both are physically not present during the Transaction.
- You accept full responsibility for the behaviour of any authorised personnel you have authorised to use Offline Payment Modes on its eligible devices.
- You shall not discriminate against certain types of cards when a Customer presents them to you for payment.
- You shall not apply any surcharges on top of the amount of the Transaction just because a Customer wants to use a particular card.
- In the event of order cancellation or a refund for a successful Transaction, you are responsible for initiating a refund request.
- Cashfree reserves the right to stop you from using the Offline Payment Modes by disabling the account if Cashfree suspects or becomes aware that you have breached the terms of these Terms and Conditions.
- You shall be completely liable in case Offline Payment Modes are used for any other purposes not in line with your business. Any direct or indirect financial liabilities arising out of such activities will be borne by you and Cashfree shall debit your settlement amount for such transactions. Such liabilities can be in the form of complaints or notices received from the regulators including RBI, NPCI or any other government bodies.
- You will be completely liable in case Cashfree receives complaints/notices for any suspected frauds or chargebacks or cyber-crime complaints or any such complaints raised by the regulators including RBI, NPCI and government bodies for transactions processed by you. Any direct financial liabilities arising out of such complaints will be borne by you and Cashfree shall debit your settlement amount for such transaction.
Schedule I
Special Terms and Conditions to FlowWise Services
The FlowWise services shall be rendered in accordance with the following specific terms and conditions:
DefinitionsIn this Schedule, the following definitions shall also apply:
- “Aggregate Data” shall mean numerical or non-numerical information that is collected from multiple sources and/or on multiple measures, variables, or individuals and compiled into data summaries or summary reports, typically for the purposes of statistical analysis i.e., examining trends, making comparisons, or revealing information and insights that would not be observable when data elements are viewed in isolation.
- “Card Network(s)” shall mean any of payment card networks including but not limited to Visa, MasterCard, Rupay, Visa Electron, Maestro, Diners, American Express etc., which enables online card transactions.
- “Customer Data” shall mean all information, data and other content generated from the end user of Merchant Services.
- “Documentation” shall mean the integration documents shared by Cashfree to proceed with integration.
- “FlowWise” shall mean unified layer or SaaS (Software as a service) wrapper on top of the Merchant’s facility providers to process various payment instruments.
- “Cashfree Property” shall mean all ideas, concepts, inventions, systems, platforms, software, interfaces, tools, utilities, templates, forms, techniques, methods, processes, algorithms, know-how, trade secrets and other technologies and information acquired, created, developed or licensed by Cashfree, and any improvement, modification, extension or other derivative works thereof and all intellectual property rights thereto including without limitation the Service, client libraries, documentation, Report Templates, and Aggregate Data. Cashfree Property excludes Customer Data.
- “Merchant Data” shall mean all information, data and other content provided by Merchant in connection with its authorized use of the Service, including, without limitation, all data and information transmitted to the Service.
- “Report Template” shall mean a customer report template that Cashfree may share with the Merchant based on Merchant’s requirement on case to case basis.
Provision of Services
- Subject to this Annexure and the Agreement, Cashfree shall provide the Merchant with the technology for the purpose of processing payment of the Customers of the Merchant.
- Merchant shall at all times comply with all applicable laws and guidelines of RBI, Card Networks, Facility Provider, and acquiring banks with whom the Merchant has collaborated for facilitating payments through its website or application from time to time.
- Merchant shall provide reasonable level of customer support to its Customers and Merchant shall be solely responsible for all issues relating to its products and services, including pricing, order fulfilment, order cancellation, returns, refunds and adjustments, chargebacks, rebates, functionality and warranty, and technical support.
- Cashfree maintains commercially reasonable administrative, technical and physical procedures to protect all the personal information regarding the Merchant and the Customers. FlowWise only transmits Customer’s card specific sensitive information securely to Cashfree's card locker in compliance with Payment Card Industry Data Security Standards(“PCI-DSS”).
- The Merchant is fully responsible for the security of data collected, processed or stored through the Merchant's website or otherwise in the Merchant's possession. The Merchant agrees to comply with all applicable laws and regulations governing the security, privacy, collection, retention of Customer Data.
- The Merchant agrees to comply with all applicable laws and rules in connection with the Merchant's collection, security, dissemination and destruction of any personal, financial, card or transaction information of its end-user through the Merchant's website.
- Merchant warrants that it has taken such precautions as are necessary to ensure that Merchant’s server and electronic systems are secure from breach or intrusion by unauthorized third parties. In the event that Merchant’s system is breached, hacked or face any lapse in security and if an unauthorized third party has access to or has accessed end-user data or transaction data, Merchant shall notify Cashfree promptly of such breach and shall take necessary steps to investigate the breach incident and take necessary measures to mitigate the risks.
- In case of data hosted on cloud, then the same shall be hosted on servers located only within India and ensure compliance with applicable Indian legal and regulatory circulars and Merchant shall take necessary measures to ensure that it shall not host any Customer Data outside India under any circumstance.
- In addition to any other requirements or restrictions set forth in these Terms and Conditions, the Merchant shall not: (i) submit any card transaction for processing that does not arise from the Merchant's sale of goods or service to a Customer, (ii) act as a payment intermediary or aggregator or otherwise resell Cashfree's service on behalf of any third party. (iii) send what the Merchant believe to be potentially fraudulent authorizations or fraudulent card transaction, or (iv) use FlowWise in a manner that Visa, MasterCard or any other card brand reasonably believe to be a violation of Card Network rules.
- The Merchant shall own all right, title and interest (including all intellectual property and other proprietary rights) in and to Merchant Data. Merchant hereby grants Cashfree a non-exclusive, royalty-free right and license to access, use, copy, process and store the Merchant Data and/or Customer Data solely for the purpose of providing Services.
List of inclusive Facility Providers that are pre-integrated with Cashfree’s FlowWise are as follows:
Particulars | Facility Providers |
---|
Payment Aggregators | Cashfree, CCAvenue, Easebuzz, TPSL, PayU, PayTM, Razorpay, Phonepe, HDFC, Atom |
Bank Payment Gateways | Amex, HDFC (FSS, MIGS, Cybersource), ICICI (IPG), Axis (MIGS & Cybersource), Kotak, SBI |
Wallets | Airtel Money, CredPay, Freecharge, JioMoney, Mobikwik, PayTM, Ola Money |
UPI acquiring banks | Axis, ICICI, Kotak, HDFC, Indian Bank, Yes, Indus |
Payment Containers | AmazonPay, Google Pay, PayPal, PhonePe |
Credit Products | Zestmoney, ePay Later, Ola Money Postpaid, Simpl, Capital Float, Lazypay, HDFC PayLater, ICICI Pay Later, Credit Card EMI and Debit Card EMI |
- Integration with a new Facility Provider, or feature enhancement or API upgradation for existing Facility Provider will be done on best effort basis as per Cashfree’s business decision.
- Cashfree constantly works towards adding new Facility Providers and enhancing features, and such developments will be communicated to Merchant so that merchants can utilize the same.
The Merchant hereby represents and warrants that it shall obtain consent of the Customer and shall secure, a valid legal basis for processing and using any data in order for Cashfree and its affiliates:
- to comply with applicable laws;
- to provide Services;
- to conduct research and gain insights in to market trends and needs and to develop or innovate technologies, products and services to meet such market trends and needs;
- to use machine learning and artificial intelligence techniques to conduct research to gain insights on market trends;
- to analyse Customer’s use of the Merchants website/application, platform, products or services, etc.;
- to improve and personalize customer experience;
- to detect fraudulent or suspicious transactions and for risk management;
- for smart routing service;
- for providing recommendations, including recommendations on outage or alternate payment method for increasing conversion rates;
- to do industry benchmarking for improvement of the payment success rate;
- for data analytics and/or;
- any other similar purposes.
FeesThe Parties agrees that the Merchant shall be liable to Cashfree for payment of fees in consideration of FlowWise services which shall be in accordance with the service order form or any separate agreement executed between the Parties.
Terms Of Flowwise Service
- “FlowWise” is a payment service that helps the Merchant process payment instruments of the Customers in exchange for the Merchant's products and services. The Merchant shall register for a service account with the Facility Providers to use FlowWise. Parties agrees that card vault services under FlowWise is dependent on mandates, instructions, policy and guidelines of card schemes, RBI, banks and/or other regulatory authorities as may be relevant from time to time. Any changes in mandates, instructions, regulation or policies might impact complete functionality of card vault services.
- Cashfree provides APIs and other software to enable the Merchant to use the FlowWise and Cashfree reserves the right to require the Merchant to install or update any and all software updates to continue using Cashfree FlowWise. However, if Merchant fails to install any update provided by Cashfree within 6 (six) months of providing it, then Cashfree shall not be responsible for any degrade, impair or adverse effect caused to the Services and/or SLAs, provided to the Merchant.
- By accepting these Terms and Conditions, Merchant authorizes Cashfree to use Merchant’s existing relationships with Facility Providers on Merchant’s behalf, for the purpose of handling payment transactions which originates from Merchant’s business website and/or mobile app.
- Cashfree’s FlowWise supports processing of payment instruments that are supported and enabled by Facility Providers with whom the merchant has formal agreement and are configured in FlowWise. The Merchant is solely responsible for verifying identity of users and of the eligibility of a presented payment instrument used to purchase Merchant’s products and services, Cashfree does not guarantee or assume any liability for transactions authorized and completed which may later be reversed or disputed or charged back.
- Merchant’s Data and/or Customer Data will be shared with third parties that is related to the activity of providing Services as defined in the Agreement.
- List of data points generated and collected by the Service:
Merchant Data includes the following data points:
- Order identifier or transaction identifier assigned by the merchant to uniquely identify the order
- Payment status of the transaction
- Any user defined data points that are optionally and explicitly provided by the merchant
- Payment instrument type (like card or net-banking) and bank names of the mode of payment
- Merchant API credentials with respective Payment Aggregators
Customer Data includes the below generic user behavior data points:
- Web page related data that includes url, title, page load time and size of the page
- Any error messages generated during display of the page or during a user interaction
- User action data that includes cancelling the transaction, clicking any elements on the page.
- Event data that includes receipt of one-time password
- One-time password template data which explicitly removes all sensitive information including all numeric digits
- Data around use of the features provided by the Cashfree Service to the Customer.
Terms and Conditions to Video-KYC
You understand that the video KYC process (namely, the Video-based Customer Identification Process) is a secure, seamless, consent-based-real-time process that uses audio-visual technology to gather identification information, including necessary documents for the purposes of due diligence, and to verify the accuracy of the information provided by you.
To complete the video KYC process, you must be present in India, have a compatible device with good mobile/ internet connection (recommended over wifi) for video calling, and have your original PAN card in your possession. Photocopies, true copies, certified copies, or any other form of duplication will not be accepted, and the video KYC process cannot be completed without the original PAN card.
You acknowledge that during the video KYC process, your location will be captured, and a photograph will be taken of your PAN card. The entire video call will also be recorded and stored by Cashfree. By participating, you give your consent for Cashfree to record and store the video call, your location, and the photograph mentioned above.
You understand that to complete the video KYC process, you need to ensure that you are in a well-lit room, and you will be asked to answer certain questions during the video call. If your answers do not match or are inconsistent with the documents you provided, or if they are deemed unsatisfactory, Cashfree reserves the right to reject your video KYC at its sole discretion. Additionally, please ensure that you are not logged in through a proxy, VPN or Static IP.
Please ensure you do not accept phone calls or put the screen in the background during the Video KYC Process If you get disconnected during the call, you may simply join back by clicking on the "Reconnect" button. If you get dropped during the journey, you can reconnect through the same link, and we will help you complete the Video KYC.
You acknowledge that Cashfree has the right to reject any completed video KYC at its discretion if it does not meet Cashfree’s quality standards, violates regulatory policies and guidelines, or appears to be spoofed or manipulated fraudulently.
You acknowledge that during the video KYC process, you are required to attentively and accurately follow Cashfree’s instructions to complete all stages of the process.
You recognize that Cashfree reserves the right, at its sole discretion, to prevent you from starting the video KYC process based on its internal policies and guidelines. Also, Cashfree does not engage with any third-party agents for loans, job offers or lotteries & all Video KYC officers are employees of Cashfree. This call is only for completion of the video KYC process for availing the services provided by Cashfree.
For Any Queries / Details Users Can Contact:
Cashfree Payments India Pvt Ltd,
1st floor, Essae Vaishnavi Summit,
7th main 80 Feet Road, Koramangala 3rd Block,
Bangalore, Karnataka, India, 560034