Last updated: February 06, 2024
The following terms and conditions ("TERMS OF USE") are applicable to the utilization of the website https://fairmpos.com and any linked pages, products, software(s), API keys, features, content, or application services (including mobile application services) provided by any FairMPOS group company ("FairMPOS" or "WE" or "OUR" or "US") collectively referred to as "WEBSITE."
Any individual accessing or using the Website, irrespective of availing services ("SERVICES") (referred to as "USER," "SELLER," "YOU," or "CLIENT"), is presumed to have read and unequivocally accepted these Terms of Use, including the Privacy Policy separately available on the Website. These terms, along with other Policies (defined below), constitute a legally binding agreement between the User and FairMPOS. They do not modify any terms or conditions of other written agreements with FairMPOS for additional services.
Please carefully read these Terms of Use before agreeing. If you disagree (including referenced policies or guidelines), promptly cease Website usage. Acceptance of Terms of Use can be achieved by:
Throughout these Terms of Use, the term "User" encompasses any natural or legal person agreeing to these terms on behalf of itself or another legal entity.
The Privacy Policy, provided separately, is integral to these Terms of Use and should be read concurrently. Illegality or unenforceability of one or more provisions does not affect the legality and enforceability of other terms. If any provision becomes void or unenforceable, the remaining provisions remain binding upon the User.
Terms of Use may be revised or altered at our sole discretion without prior notice. The latest version will be posted, and changes are effective immediately. Continued use of the Website or Services after changes constitutes agreement to the revised/amended Terms of Use, superseding all previously accepted terms. Users are responsible for understanding and complying with applicable laws, including RBI Guidelines, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, Information Technology Act, 2000, and KYC/AML/CFT guidelines issued by the Department of Regulation, RBI.
FairMPOS continually evolves to enhance the User experience and information delivery. You acknowledge that the form and nature of the Services provided by FairMPOS may change without prior notice.
As part of this ongoing process, FairMPOS reserves the right, at its sole discretion, to cease providing the Services (permanently or temporarily) or any features within the Services to you or Users generally, without prior notice. You may cease using the Services at any time without specific notification to FairMPOS.
If FairMPOS disables access to your account, you may be unable to access the Services, your account details, or any files/content within your account, and FairMPOS will notify you accordingly.
FairMPOS may delete User information, including personal or sensitive personal data/information ("SPDI") stored in your account. Users may inform FairMPOS if they do not wish to retain or use such information, but this may impact the availability of some or all Services.
You acknowledge that while FairMPOS may not have set a fixed upper limit on the quantity of SKUs/bills/returns/cancellations, FairMPOS reserves the right to set such limits at its discretion.
Using our Services implies agreement that FairMPOS disclaims liability or authenticity of outdated information. FairMPOS may make changes and corrections to the Website's content without prior notice. Unless stated otherwise, all pictures and information on this Website are believed to be in the public domain. If you are the copyright owner and believe material use violates Copyright law, contact the Grievance Officer via email, providing the exact URL for resolution.
To access certain Services, opening a User account with FairMPOS is required. During registration or continued use of the Services, you must provide accurate, correct, complete, and up-to-date information ("REGISTRATION DATA"). Providing untrue, inaccurate, incomplete, or non-current information may result in rejection of registration, indefinite suspension or termination of your User account, and denial of access to the Website. You agree to indemnify and hold us harmless from claims arising from your posted details/information/Registration Data.
Despite any other agreement, you grant FairMPOS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the copyright, publicity, and database rights in the Registration Data for operational purposes.
No amendment or rectification of Registration Data is possible. Deletion of User content/information or the User account is at your discretion, with processing time by FairMPOS. Backup of User content may be maintained for legal and operational purposes.
You are responsible for maintaining the confidentiality of your account and password. Failure to protect your login credentials may result in loss or damage, and FairMPOS will not be liable. If unauthorized use is suspected, inform FairMPOS promptly. In disputes over account ownership, FairMPOS is the sole arbitrator with a final and binding decision.
You are solely responsible for your Registration Data and User content. FairMPOS reserves the right to remove/edit such details/information and may exercise this right without prior intimation.
Using the Services, you agree not to:
You agree FairMPOS can remove/edit such information. If you encounter such content, contact the Grievance Officer.
Use the Services only as permitted by these Terms of Use and applicable laws. Use FairMPOS data for personal, not commercial, purposes unless agreed otherwise in writing by FairMPOS.
Access Services only through FairMPOS's provided interface. Do not attempt automated access or interfere with Services, servers, or networks. Do not reproduce, duplicate, copy, sell, trade, or resell Services unless permitted in writing.
You are solely responsible for any breach of your obligations under the Terms of Use and its consequences. Your data usage is subject to the Privacy Policy.
FairMPOS may share User-generated Content or Registration Data with authorized governmental and regulatory agencies for lawful investigative, protective, and cyber security purposes, including identity verification, prevention, detection, investigation, prosecution of cyber security incidents, and offenses under applicable laws.
Any individual above eighteen (18) years of age and legally competent under applicable laws is eligible to access or visit the Website or utilize the Services displayed therein. Your use or access of the Website signifies your competence to contract. If registering as a business entity, you affirm that you have the authority to bind such business entity to the Terms of Use. The use of the Website is exclusively available to individuals capable of forming a legally binding contract under the Indian Contract Act, 1872, and any amendments.
The User acknowledges the financial responsibility for all usage, including Service purchases, and access to the Website. The User is also responsible for account usage by others. The Terms of Use are void where prohibited by applicable laws, and access to the Website is automatically revoked in such cases.
For these Terms of Use, "CONTENT" encompasses information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes, and interactive features available on or through the Services.
Content within the Services, including advertisements and sponsored content, may be protected by intellectual property rights owned by sponsors, advertisers, or others providing the Content to FairMPOS. Modification, rental, lease, loan, sale, distribution, or creation of derivative works based on this Content is not allowed unless explicitly permitted in writing by FairMPOS or the owners of the Content in a separate agreement.
FairMPOS reserves the right, without obligation, to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from any Service.
FairMPOS reserves the right to moderate, publish, re-publish, and use all User-generated contributions and comments on the Website for its product(s), whether owned or affiliated. No royalty is owed to Users for the re-publication of any content across FairMPOS platforms.
By submitting material on the Website, you grant FairMPOS the right to use, moderate, and publish such work worldwide for any of its product(s), whether owned or affiliated.
Using the Services may expose you to offensive, indecent, or objectionable Content, and your use of the Services is at your own risk.
You are solely responsible for any Content you create, transmit, or display while using the Services and for the consequences of your actions, with no responsibility to you or any third party from FairMPOS for such Content.
You acknowledge and agree that FairMPOS (or FairMPOS's licensors) holds all legal and proprietary rights, title, and interest in the Services, including any intellectual property rights, whether registered or not and wherever in the world they may exist. The Services may contain confidential information designated by FairMPOS, which you shall not disclose without prior written consent from FairMPOS.
Unless expressly agreed otherwise in writing with FairMPOS, the Terms of Use do not grant you the right to use any of FairMPOS's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
Unless expressly authorized in writing by FairMPOS, you agree not to use any trademark, service mark, trade name, or logo of any company or organization in a manner likely to cause confusion about the owner or authorized user of such marks, names, or logos while using the Services.
The User agrees and unconditionally undertakes to adhere to all applicable commercial and public anti-bribery and anti-corruption laws, including but not limited to the provisions of the Foreign Corrupt Practices Act, 1977, UK Bribery Act, 2010, Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, Foreign Contribution (Regulation) Act, 2010, and any amendments thereto. These laws prohibit the User, its officials, representatives, agents, or any person associated with or acting on behalf of the User from engaging in actions that induce a payment, gift, hospitality, or anything of value, directly or indirectly, to government officials, public servants, regulatory bodies, judicial authorities, persons in positions of authority, elected or contesting electoral candidates, political parties, office bearers, or any other third party for obtaining an improper commercial/business advantage.
User agrees not to give, offer, pay, promise, or authorize to give or pay anything of value directly or indirectly to anyone for the purpose of inducing or rewarding any favorable action or influencing a decision in favor of the User. Government officials include any government employee, candidate for public office, an employee of government-owned or government-controlled companies, public international organizations, and political parties.
The User also unconditionally agrees and undertakes to be compliant with and undertake all necessary acts to continue compliance with the provisions of 'The Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation', RBI, as amended from time to time.
The User commits to complying with the mandates of the Office of Foreign Assets Control (OFAC) during the use of the Services. The User acknowledges that it has not directly or indirectly provided funds to its affiliates, joint venture partners, or any other person or entity for financing the activities of individuals currently subject to the OFAC Specially Designated Nationals List (SDN), Consolidated Sanctions List, and the Additional OFAC Sanctions List, as amended from time to time. For this paragraph, OFAC refers to the Office of Foreign Assets Control constituted under the laws of the United States of America.
Nothing in these Terms of Use, including this paragraph, shall exclude or limit your warranty or liability for losses unless prohibited by applicable law. Some jurisdictions may not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for certain types of loss or damage. In such cases, only the limitations lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent permitted by law. FairMPOS disclaims any implied warranty for Services and their use.
Your use of the Services is at your sole risk, and the Services are provided on an "as is" and "as available" basis.
FairMPOS, its subsidiaries, affiliates, and licensors do not represent or warrant that:
Any material downloaded or obtained through the Services is done at your discretion and risk, and you will be solely responsible for any damage to your computer system or other device or loss of data resulting from the download of such material.
No advice or information obtained from FairMPOS or through the use of Services shall create any warranty not expressly stated in these Terms of Use.
FairMPOS expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
The User agrees to indemnify and hold FairMPOS, its subsidiaries, affiliates, promoters, directors, employees, contractors, licensors, agents, and any other related or third parties involved with FairMPOS harmless from all losses arising from claims, demands, actions, or other proceedings as a result of:
Subject to the overall provisions stated above, you expressly understand and agree that FairMPOS, its subsidiaries, affiliates, promoters, directors, employees, agents, and licensors shall not be liable to you for:
The limitations on FairMPOS's liability to you shall apply whether or not FairMPOS has/had been advised of or should have been aware of the possibility of any losses to you.
FairMPOS shall not be in breach of its obligation hereunder if it is delayed in the performance of, or is unable to perform (whether partially or fully) its obligations (provide the Services) as a result of the occurrence of a Force Majeure Event (defined below).
Force Majeure Event means any event, whatever be the origin, not within the reasonable control of FairMPOS, which FairMPOS is unable to prevent, avoid or remove or circumvent by the use of reasonable diligence. Force Majeure event shall include, but shall not be limited to, acts of god, acts, orders, directions of governmental/ regulatory/ judicial/ quasi-judicial/ law enforcement authorities/ agencies which hinders FairMPOS from performing its obligations under any agreement, including these Terms of Use, with you, war, hostilities, invasion, armed conflict, act of foreign enemy, embargoes, riot, insurrection, labour stoppages, outages and downtimes systems failures experienced by a facility provider, revolution or usurped power, acts of terrorism, sabotage, nuclear explosion, earthquake, pandemic, epidemic, hacking or man in the middle attack or similar attacks/ intrusions, fires, typhoons, storms and other natural catastrophes.
Any payment obligations of FairMPOS, in case of a Force Majeure event, shall be limited by and be subject to the fulfillment of the payment obligations of the partners banks/ financial institutions, counterparties and any other parties involved in or intrinsically linked to the provision of the Services of FairMPOS.
The User may receive or gain access to certain confidential and proprietary information, encompassing, but not limited to, information pertaining to FairMPOS and its affiliates, marketing prospects, contractors, officers, directors, or shareholders, personal data of the User's customers, financial and operational details, billing records, business model and reports, computer systems and modules, secure websites, reporting systems, marketing strategies, operational plans, proprietary systems and procedures, trade secrets, and other similar proprietary information, including technical "know-how," methods of operation, business methodologies, software, software and technology architecture, networks, and any other non-public information, whether in written or oral form, distinctly identified as "CONFIDENTIAL INFORMATION."
The User is obligated to maintain the Confidential Information in confidence. Utilizing commercial, reasonable, and necessary safety measures, the User must uphold the confidentiality and secrecy of the Confidential Information, preventing public disclosure. The User must consistently implement appropriate measures to safeguard the security and integrity of the Confidential Information. Without FairMPOS's prior written consent, the User shall not disclose any Confidential Information to any third party other than the User's officers, employees, agents, or representatives who have a need to know for the purposes outlined in these Terms of Use. The User must ensure that all its directors, managers, officers, employees, agents, independent contractors, or other representatives comply with this section (CONFIDENTIALITY) when in possession of Confidential Information under this Agreement. The User may only use the Confidential Information to further the Services contemplated under these Terms of Use and agrees not to use it in any manner detrimental to FairMPOS's interests.
The User unconditionally and irrevocably agrees to take all necessary measures to ensure that the User's website, cellphone, or any other computer system used for Transactions via the Services does not store or save any customer card or related data. The User is responsible for ensuring the complete privacy, anonymity, and security of all customer data flowing through its systems during the usage of the Services.
Exceptions: The confidentiality obligations do not apply to any portion of Confidential Information that:
The User must promptly notify FairMPOS upon discovering any unauthorized use or disclosure of Confidential Information or any other breach of this section (CONFIDENTIALITY). The User agrees to cooperate with FairMPOS to regain possession of such Confidential Information and prevent further unauthorized use.
Remedies: Parties acknowledge that irreparable damage may occur upon breach of the terms in this section (CONFIDENTIALITY). If the User breaches or threatens to breach any provisions herein, FairMPOS is entitled, without prejudice, to seek all available rights and remedies under applicable law, including a temporary restraining order and an injunction restraining any breach. These remedies are not exclusive but are in addition to all other remedies available under applicable law or in equity.
Certain Services receive support from advertising revenue and may exhibit advertisements and promotions. These advertisements may be tailored to the content of information stored on the Services, queries made through the Services, or other relevant information.
The method, manner, and scope of advertising by FairMPOS on the Services are subject to modification without providing specific notice to you. As a condition for FairMPOS granting you access to and usage of the Services, you consent to FairMPOS placing such advertising on the Services.
In acknowledgment of the Services provided by us, you are obligated to remit to FairMPOS a fee ("LICENSE FEE" or "FEE"). FairMPOS reserves the right to periodically revise the Fee and will notify you of any such changes within a reasonable time. The seller assumes responsibility for the payment of all relevant taxes associated with the payments made under these Terms of Use.
FairMPOS is authorized to levy applicable taxes ("APPLICABLE TAXES") on the Fee. It is agreed that any statutory adjustments in Applicable Taxes during the term of this Agreement shall be borne by the User. Monthly invoices may be generated by us for the Fees applicable to the Services availed during that month. Any reasonable dispute concerning an amount (or a portion thereof) specified in an invoice must be communicated by the User through a notice ("INVOICE DISPUTE NOTICE") within a reasonable period but not exceeding thirty (30) calendar days from the invoice date. FairMPOS will make good faith efforts to resolve any reasonably disputed amounts promptly upon receipt of the Invoice Dispute Notice.
All risks associated with the delivery of goods or services solely rest with the seller, not FairMPOS. Additionally, any disputes regarding quality, merchantability, non-delivery, delay in delivery, or otherwise will be directly addressed between the seller and the buyer, excluding FairMPOS and/or the payment service providers from involvement in such disputes.
Furthermore, FairMPOS retains the right to close, suspend, limit, or put on hold the User's access to the FairMPOS account under the following circumstances, among others:
The right to close, suspend, limit, or put on hold the User's access to the FairMPOS account will persist until the User submits genuine KYC documents or credentials satisfying the relevant authorities in accordance with prevailing rules, regulations, or guidelines regarding KYC, as well as to the satisfaction of FairMPOS, without prejudice to any other legal remedy entitled to FairMPOS under applicable law.
· Any offers or discounts related to free credits are not applicable to unregistered businesses.
· Terms & Conditions may vary depending on the ongoing offer, product, or other factors. For detailed Terms & Conditions regarding specific offers and discounts, please refer to the dedicated T&C page provided along with the offer communication.
· Unless otherwise mutually agreed in writing, all free credits (inclusive of related offers and discounts) remain valid for a maximum period of 3 months from the date of issuance. After this period, the credits will automatically expire, and they will be removed from your account.
· All signups will be subject to the comprehensive Terms & Conditions of FairMPOS. FairMPOS reserves the right to modify these terms and conditions at any time without prior notice.
You acknowledge that you shall not engage in business or business-related activities, practices, including but not limited to the following:
The above list is subject to additions/amendments by FairMPOS without prior intimation to you.
These Terms of Use and any dispute or claim arising under them shall be governed by and construed in accordance with the laws of India. The Users consent that any legal action or proceedings arising from these Terms of Use or in connection with these Terms of Use may be exclusively initiated in the competent courts/tribunals with jurisdiction in Chennai, India. The Users irrevocably submit themselves to the jurisdiction of such courts/tribunals.
YOUR PRIVACY IS EXTREMELY IMPORTANT TO US. UPON ACCEPTANCE OF THESE TERMS OF USE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND UNEQUIVOCALLY ACCEPTED OUR POLICIES, INCLUDING THE PROVISIONS OF OUR PRIVACY POLICY.
For any complaints or discrepancies related to the processing (including storing and using) of your Personal Information (including Sensitive Personal Information), you may address them to:
Mr. Shrayas
Logic Soft Pvt. Ltd.
Address: #10, First Floor, Kasturi Estate 3rd Street, Gopalapuram, Chennai - 600 086
Ph: (+91) 4208-9492/9493
E-mail: [email protected]