User Understands That His Access To The Website Will Result In The Collection, Use And Storage Of His Information Which Is Subject To PeInsta’s Privacy Policy. Through His Access Of The Website User Consents To The Collection, Use And Storage Of Such Information, Which Will Be Held By PeInsta And May Be Processed And Stored By Service Providers. For An Explanation Of PeInsta’s Practices And Policies Related To The Collection, Use, And Storage Of Users’ Information, Please Read Our Privacy Policy
Disclaimer Of Warranties
THE CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT PeInsta IS NOT HEREIN ENGAGED IN ITSELF FOR MAKING PAYMENTS. PeInsta IS AN INTERMEDIARY BETWEEN BANKS, SERVICE PROVIDERS AND USERS. ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PeInsta MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, OR ADEQUACY OF THE WEBSITE OR THAT THE SERVICES PROVIDED OR THE FUNCTIONALITY ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
USER HEREBY ACKNOWLEDGES THAT HIS USE OF THIS WEBSITE AND THE SERVICES IS AT HIS SOLE RISK. UNDER NO CIRCUMSTANCES SHALL PeInsta OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THESERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF PeInsta HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
Limitation Of Liability
USER ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES, REMAINS WITH YOU. NEITHER PeInsta NOR ANY OTHER PARTY INVOLVED IN PROVIDING OR DELIVERING THE WEBSITE OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, OR IN CONNECTION WITH THESE TERMS, AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PeInsta HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR PeInsta OBLIGATIONS TO MAKE PAYMENTS THROUGH THE CURRENT ACCOUNT AS ENVISAGED HEREIN, IN NO EVENT WILL PeInsta’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND USER’S USE OF THE WEBSITE AND SERVICES, EXCEED THE AMOUNT OF RUPEES 1000.
General Terms
Unless Otherwise Set Out, All Payments May Only Be Made In Indian Rupees.
PeInsta May, If Required By Law, Change Any Fee Or Charge Or Institute New Fees Or Charges. The User Agrees To Pay All Fees And Charges So Levied.
PeInsta Reserves The Right To Vary Any Of The Terms Contained Herein By Posting The Revised Terms On PeInsta’s Website Without Notice To The User.
The User Hereby Accepts That He May, From Time To Time, Receive From PeInsta Or Its Associates, Communications Such As Service Announcements, Advertisements Or Administrative Communications.
All Information Provided By The User To PeInsta Shall Be Accurate, Current And Complete. User Shall Be Solely Responsible For The Accuracy And Correctness Of All Information Provided By Him. PeInsta Shall Not Be Liable For Any Loss Or Costs Incurred By Any Party Due To Any Incorrect Or Mistaken Information Provided By User.
PeInsta Shall Not Be Liable For Any Direct, Indirect, Punitive, Incidental, Exemplary, Special Or Consequential Damages Or Any Loss Of Profit, Business, Revenue, Goodwill Or Anticipated Savings Or Any Damages Whatsoever Arising Out Of Or In Any Way Connected With The Use Of The Website By User Or Otherwise.
PeInsta Or Service Provider Shall In No Event Be Liable To A User Or Any Third Party For Any Loss Or Damage Whatsoever Or Howsoever Caused Arising Directly Or Indirectly In Connection With The Website And Services, Including Without Limitation Any:
- Loss Of Data;
- Interruption Or Stoppage To The User’s Access To And/Or Use Of The Website And Services;
- Any Consequential Loss Or Damage Or Loss Of Profit, Business, Revenue, Goodwill Or Anticipated Savings, Arising Out Of The Performance Of The Services Or Otherwise.
PeInsta Makes No Representation Or Warranty, Whether Express Or Implied, Written Or Oral, About The Quality, Suitability, Reliability, Availability, Merchantability, Fitness For A Purpose, Delivery, Lack Of Viruses Or Other Harmful Components Or Accuracy Of Information Relating To The Products Sought To Be Purchased By The User. Each User Acknowledges That PeInsta’s Or A Service Provider’s Services May Not Be Uninterrupted Or Error Free. A User Also Acknowledges That The Services Provided By Any Service Provider To PeInsta, Which Is Passed On To The User Under These Terms, Can Be Brought To An Abrupt End In Any Event Whatsoever By Any Of The Service Providers For Any Reason Whatsoever.
PeInsta’s Sole Obligation And User’s Sole And Exclusive Remedy In The Event Of Interruption To The Payment Services Or Loss Of Use And/Or Access To The Payment Services, Shall Be To Use All Reasonable Endeavors To Restore The Payment Services As Soon As Reasonably Possible.
In No Event Shall PeInsta Or A Service Provider Be Liable To A User Or Any Other Third Party For Any Applicable Taxes And Government Levies.
Any Link On The PeInsta Website To A Third Party Site Is Not An Endorsement Of That Website. The Use Or Browsing By A User Of Any Other Website Shall Be Subject To The Terms And Conditions In Each Such Website.
PeInsta Does Not Endorse Any Advertiser Or Merchant Linked To Its Website. The User Must Verify All Information Provided By The Merchants/ Advertisers Before Arriving At His Decision To Purchase Any Product.
The User’s Participation In Any Event/ Contest/ Promotion Shall Be Governed By The Terms And Conditions Mentioned In The Respective Event/ Contest/ Promotion Along With These Terms.
PeInsta Shall Not Be Liable For Any Unauthorised Access To The User’s Data Or Any Unauthorized Transmissions Sent Through The PeInsta Services.
PeInsta Shall Have The Right, At Its Sole Discretion, To:
- restrict or terminate a User’s access to its Services;
- modify or discontinue its Services or any part thereof;
- require a User to provide details in respect of any transactions and any other details as required by PeInsta from time to time; without incurring any liability therefor.
PeInsta Shall Have The Right, In Its Sole Discretion, For Any Or No Reason, And Without Penalty, To Suspend Or Terminate A User’s Use Of The Website And Its Services Or Any Part Thereof, With Or Without Notice.
The User Shall Not (Whether On-Line Or Otherwise):Describe Itself As Agent Or Representative Of PeInsta Or Make Any Representations To Any Customer Or Any Third Party Or Give Any Warranties Which May Require PeInsta Or Service Provider To Undertake To Or Be Liable For, Whether Directly Or Indirectly, Any Obligation And/Or Responsibility To Customer Or Any Third Party.
PeInsta Shall Not Be Liable For Any Breach Of These Terms Due To Any Force-Majeure Event Such As Act Of God, Fire, Lightning, Explosion, Flood, Inclement Weather Conditions, Power Failures, Failure In Any Communication Systems, Equipment Breakdown, Strikes, Lock-Out Or Any Other Cause Beyond The Control Of PeInsta.
If Any Part Of These Terms Is Determined To Be Invalid Or Unenforceable Pursuant To Applicable Law Including, But Not Limited To, The Warranty Disclaimers And Liability Limitations Set Forth Herein, Then The Invalid Or Unenforceable Provision Will Be Deemed Superseded By A Valid, Enforceable Provision That Most Closely Matches The Intent Of The Original Provision And The Remainder Of The Terms Shall Continue In Effect.
PeInsta May Assign Or Transfer Its Rights And Obligations To Any Other Party.
Incase Of Any Dispute Between The Parties On The Interpretation Or Implementation Of These Terms, The Appropriate Court In Bengaluru Shall Have Exclusive Jurisdiction.
No Failure Or Delay By PeInsta In Exercising Any Right, Power Or Privilege Shall Operate As A Waiver Thereof.
Definitions
Consent for collection of Personal Information
Users provide their consent to the use, disclosure, storage, possession, receiving, dealing or handling of their Personal Information by accessing, browsing, or availing services on the Website.
In accordance with Rule 5 of SPI Rules, Users provide their specific consent to the use, disclosure, storage, possession, receiving, dealing or handling of their Sensitive personal data or information for lawful purposes enumerated in this policy through checking the box affirming such consent appearing at the time of creation of their Account on the Website.
PeInsta presumes adequate and lawful parental consent in case the Personal Information or Sensitive personal data or information is shared by a User under the age of 18 years.
Types of information we collect
The Users who access and use our Website are required to submit certain Personal Information and Sensitive personal data or information for creating an Account, entering into transactions with us and obtaining customer support services. Personal Information and Sensitive personal data or information which may be collected by us includes:
Purpose of collection
We shall collect your Personal Information or Sensitive personal data or information only for specific, clear and lawful purposes. These include:
How information is collected
We collect information which the User voluntarily provides us at the time of visiting, accessing, browsing and using our Website, our social media profiles, and customer support service. We also collect data automatically by analysing your online behaviour (through cookies).
The User has an option to not provide us with certain information or withdraw consent to provide certain information at any time, in accordance with the terms of this Policy. In case consent is withdrawn, we shall retain your Personal Information or Sensitive personal data or information for a period deemed appropriate by us or as mandated by law. On revoking of your consent, we reserve the right to limit access to the various features and services provided on the Website.
Disclosure of information
You expressly consent to and authorize us to share your Personal Information and Sensitive personal data or information with our trusted affiliates and any other third party, to the extent and for the lawful purposes as stated in this Policy. We shall not disclose any Personal Information or Sensitive personal data or information to any government institution or authority, except where such disclosure is (i) obligated by law, (ii) requested by a lawfully authorized government authority, (iii) pursuant to a judicial decree, (iv) for enforcing and protecting the legal rights of PeInsta or others’, (v) for seeking any relief, (vi) for defending any charge, (vii) for opposing any claim, (viii) for enforcing this Policy or our Terms of Use, (ix) for obtaining any legal advice. We also reserve our right to disclose, share or transfer your Personal Information or Sensitive personal data or information to a third party due to any change in ownership, merger, restructuring or sale of our business TC.
Annexure A: Banned Items
- Adult Goods And Services Which Includes 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 Includes Organs Or Other Body Parts.
- Bulk Marketing Tools Which Includes 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 Includes Mod Chips Or Other Devices Designed To Circumvent Copyright Protection. 8) 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.
- Drugs And Drug Paraphernalia Which Includes Illegal Drugs And Drug Accessories, Including Herbal Drugs Like Salvia And Magic Mushrooms.
- Drug Test Circumvention Aids Which Includes 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.
- Government IDs Or Documents Which Includes 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, Watomites, Or Other Protected Property.
- Illegal Goods Which Includes Materials, Products, Or Information Promoting Illegal Goods Or Enabling Illegal Acts.
- Miracle Cures Which Includes Unsubstantiated Cures, Remedies Or Other Items Marketed As Quick Health Fixes.
- Offensive Goods Which Includes 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 Or Any Kind Of Online Pharmacies Which Includes 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 Includes Radar Detectors/ Jammers , License Plate Covers, Traffic Signal Changers, And Related Products.
- Weapons Which Includes 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.
- Matrix Sites Or Sites Using A Matrix Scheme Approach.
- Work-At-Home Information
- 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.
- Pyrotechnic Devices, Combustibles, Corrosives And Hazardous Materials Which Includes Explosives, 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; 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.