The following terms and conditions constitute a binding legal agreement (the "Agreement") between You and Notifie. (hereinafter referred to as "Notifie" / "we"/ "us"), (which expression shall include its successors and assigns), setting forth the terms and conditions ("Terms") under which the NotifieMessaging (the "Application") and any related services (collectively "Services") will be licensed to You by Notifie.
By accessing, downloading, installing the Application, and using the Services, You represent to Notifie that You are competent to enter into a contract (i.e. You a major according to applicable law, of sound mind and not disqualified from entering into a contract under the applicable law) and You have read this Agreement, understand it and agree to be bound by its Terms. Please review the Agreement carefully before accessing, downloading and installation.
1. The Application: Notifie Messaging
The Services are currently made available to You by Notifie free of any charge. The Application is a A2P messaging service that allows businesses to send messages over the internet and/or SMS. Notifie reserve the right to suspend or withdraw this Application, at any time, without notice. More information about the Application is available on Notifie's website www.notifie.net ("Site"). You acknowledge and agree that you will have to provide NotifieYour mobile phone number and sign in with a Gmail ID . You expressly acknowledge and agree that in order to provide this service, Notifie may periodically access Your contact list and/or address book on Your mobile device to find and keep track of mobile phone numbers of other users of this service. To ensure a better user experience, Notifie may also at times, access names stored in Your address book to ensure any incoming messages and push notifications via the SMS feature have a name associated with them for a superior user experience. By using the Services, you have given us permission to contact you via SMS and/or other communication mediums. In the event you delete your account, you will no longer receive any communication which is initiated/triggered by Notifie. To delete your account, open Notifie and go to Settings. You agree to notify Notifie immediately of any breach of security or unauthorized use of Your mobile phone. Notifie shall not be liable for your losses caused by any unauthorized use of your account, You shall be liable for the losses of Notifie or others due to any such unauthorized use.
2. Application Stores
Subject to the Terms and compliance of the Terms hereof Notifie shall grant You a license to use the Services provided that (a) You shall use the Application solely to receive business messages only; (b) You will not, nor allow third parties on Your behalf (i) to resell or charge others for use of the Application (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application; and (c) You warrant to otherwise comply with the terms and conditions of this Agreement (the "License"). For avoidance of any doubt this License is personal, nonexclusive, nontransferable, non-sub licensable, revocable and a limited license to download and use the Application on a mobile device that You own or control.
5. Code of Conduct
You represent and warrant that: (i) You have the authority and capacity to enter and bind Yourself to this Agreement; (ii) Your use of the Application or the site will be solely for purposes that are permitted by this Agreement; (iii) You will provide accurate information about Your mobile phone number and any other number on Your address list required for use of the Application, (iv) Your use of the Application or the site will comply with all applicable local, state, national or international laws ("Laws") and will not violate any contractual obligations, and further that (v) You will not misuse the Application and/ or the site and acknowledge and understand that "misuse" includes, but is not limited to using the Application and/ or the site in any manner that (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) unsolicited advertising and messages, promotional materials, junk messages, spam etc; (c) publishes falsehoods or misrepresentations that could damage Notifie or any third party; (d) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner; (e) harms minors in any way; (f) violates any law for the time being in force (g) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (h) amounts to unsolicited advertising and messages, promotional materials, junk mail, spam etc; (i) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (j) send or store material or files containing software viruses, worms, or other harmful computer code, files, scripts or programs; (k) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (l) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (m) interferes with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (n) probes for means of gaining unauthorized access to computers or networks, (o) restricts or inhibit any other person from using this Application and or Site; (p) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation; and (vi) You will not impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity; By using the Notifie App, you irrevocably waive the right to assert any claim with respect to any of the foregoing, and any other claim related to your use of the Application, against Notifie or any of its affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
(a) You shall be solely responsible for all contents that You upload, transmit, share or display through the Application or the Site. (collectively the "Contents") Notifie does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any Contents and You shall be solely responsible and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate the representation and warranties provided in Clause 4 above. You further agree that Content you transmit over the Application will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to use or transmit the material and to grant Notifie all of the license rights granted herein. You understand and agree that Notifie may review the Application and the Site and may delete or remove (without notice) any Content in its sole discretion, for any reason or no reason including any Content that in the sole judgment of Notifie violates the Terms of this Agreement. When You post Your Content vide the Application or related services, You grant, and You represent and warrant that You have the right to grant, to Notifie, a worldwide, non- exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, reformat, translate, prepare derivative works, display, excerpts and distribute such Content for or in connection with the use of the Application or Site. Notifie does not assert any ownership over the Contents and subject to the rights granted to Notifie in this Agreement, You retain full ownership of all of Your Contents and proprietary rights associated with the Contents. Upon termination of the Application (i.e. deletion of the Notifie account) from Your mobile device, Notifie shall delete all Your Contents from its database and servers within a maximum of 30 days, except to the extent required to be retained by applicable Law. Notifie reserves the right to send You periodic communications for the purpose of sharing new updates with You. For the avoidance of doubt, it is clarified that any part of Your Content messages locally on their device may remain after You delete your account.
7. Modifications to the Application
Notifie reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to You), modify or discontinue, temporarily or permanently, the Site, Application (or any part thereof) with or without any notice. You agree that Notifie shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Application or the Site.
You acknowledge and agree that the Application, the Site and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and shall remain, the property of Notifie and its licensors, as applicable. All content related to Notifie corporate and business activities included on the Site and embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Notifie or its licensors and is protected by applicable legislation concerning protection and preservation of intellectual property rights and applicable international treaties governing intellectual property. The compilation (meaning the collection, arrangement and assembly) of all content on the Site and Application is also the exclusive property of the Notifie and is protected by applicable laws as stated above. All software used on the Site and the Application is the property of Notifie or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site and the Application is strictly prohibited except as otherwise permitted by law. All Notifie graphics, logos and service names are trademarks of the Notifie or its affiliates. Notifie's trademarks may not be used in connection with any product or service that is not Notifie's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Notifie. Notifie's trademarks may not be used in connection with any product or service except as authorised by Notifie in writing. The logos and trademarks of third parties provided in the invite section belong to respective brands.
9. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND DISCRETION.
THE APPLICATION IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
NOTIFIE MAKES NO WARRANTY AGAINST INTERFERENCE OF YOUR ENJOYMENT OF THE APPLICATION AND RELATED SERVICES; FOR LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION, USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION OR FOLLOWING A FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AT ANY TIME; ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION OR RELATED SERVICES, THAT THE APPLICATION WILL BE FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE OR MEET YOUR REQUIREMENTS; REGARDING THE SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION; THAT ANY ERRORS, BUGS OR FAILURES IN THE APPLICATION WILL BE CORRECTED. ACCORDINGLY, YOU EXPRESSLY AGREE THAT USE OF APPLICATION AND RELATED SERVICES IS PURELY VOLUNTARY ON YOUR PART, AT YOUR OWN RISK AND THEREFORE AGREE TO BEAR ANY AND ALL RISK WHATSOEVER AND/OR HOWSOEVER CAUSED. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE APPLICATION. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOTIFIE OR ANY PARTY OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THIS AGREEMENT.
WHILST NOTIFIE SHALL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, NOTIFIE SHALL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/OR STORAGE OF INFORMATION TO OR THROUGH NOTIFIE THAT MIGHT OCCUR FROM TIME TO TIME; INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.
YOU SHALL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE APPLICATION.
10. Limitation of Liability
To the maximum extent permitted by applicable laws, under no circumstance shall Notifie, its directors, employees or agents be liable to You or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup Your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if Notifie or any or all of its agents have been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless Notifie, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) Your access to or use of the Application, Site and related services; (ii) any breach by You of Your obligations under this Agreement; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) Your negligence or willful misconduct. These obligations will survive termination of this Agreement.
12. Force Majeure
Notifie shall not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Notifie's reasonable control.
13. Amendments to this Agreement
We may in our sole discretion amend this Agreement from time to time without any prior notice. This may include adding new or different terms to, or removing terms from, this Agreement. Such change shall be notified on the website www.notifie.net. Your use of the Application after such notice of any change shall be deemed to be an acceptance to the amended Agreement.
This Agreement commences on the date You accept the Terms of this Agreement. Notifie may terminate or suspend use of the Application or the Site at any time in its discretion, without notice to You. Upon any termination for any reason, Notifie shall have no liability to You and no further obligations under this Agreement.
Immediately upon termination, (a) the rights granted to You herein shall terminate; (b) You must cease all use of the Application and related services; Additionally, Your rights under this Agreement will terminate automatically if You fail to comply with any term(s) of this Agreement including misuse of the Application or the Site. All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.
15. Entire Agreement
If one or more provisions of this Agreement are held to be unenforceable under Applicable Law(s), the remainder of this Agreement shall be valid and enforceable.
This Agreement may be assigned by Notifie to its successors and assigns including if there is any re-organization of Notifie.
18. Governing Law
This Agreement shall be governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts in New Delhi, India for all disputes arising out of or relating to this Agreement.
19. Grievance Officer
In the event you have any queries/complaints regarding usage of Application, please contact firstname.lastname@example.org. The complaints shall be redressed in the manner provided under the (Indian) Information Technology Act, 2000 and rules framed thereunder.
The Application is intended for people who are competent to contract under applicable law. Individuals who are less than 18 years old are not permitted to use this application unless the complete Agreement is seen and agreed by parents or their legal guardians under applicable law. You confirm that You are at least 18 year old or otherwise competent to contract including with consent of Your parent/legal guardian as may be required under applicable law.
Notifie may obtain the following types of information from or concerning You or Your mobile device, which may include personal information that can be used to identify You as specified below:
User Provided Information: You provide certain Personally Identifiable Information, such as Your mobile phone number, Email ID, preferred location and mobile device information to Notifie when choosing to participate in the use of the Notifie application, such as registering as a user. Notifie may receive data whenever You connect with an application or site through Notifie. This may include date and time You visit the site, the web address, IP address information, browser and if You are logged into Notifie website. We collect the location data only to provide location based alerts, and will not link that information with any of your personal data.
If the recipient can be messaged via the Notifie application, the message is delivered to that recipient via data service routed through our servers. Any messages that are undelivered are held on the Notifie servers until they can be delivered or for a period of 30 days whichever is earlier. Files that are sent through the Service will temporarily reside on our servers for a short period of time till delivery of such file to the intended recipient.
Notifie may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which Notifie is legally compelled to collect in accordance with retention policies applicable under Indian law.
Use of Information
We neither share nor sell without Your consent Your Personally Identifiable Information such as Your mobile phone number and Email ID with any third parties for use for commercial, advertising and or similar marketing purposes without Your consent. However, in the future as apart of a specific promotion or feature You may specifically choose to opt-in/opt-out for any specific product and or service which may allow Your personal information to be used for such purposes.
We may share Your Personally Identifiable Information and Contents to deliver the services desired by You to the extent it is necessary to maintain or further develop and enhance our Application and to ensure the functionality and security of our services and to prevent and investigate any fraud and other misuse.
We may share non-personally-identifiable information (such as anonymous user usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with third-parties to better understand usage patterns for certain content and services related to Notifie application.
We may disclose the Personally Identifiable Information and available user Contents as required pursuant to applicable laws, a directive or order of a government entity or statutory authority or any judicial or regulatory authority or to law enforcement agencies in any official investigation including but not limited to cyber incidents, prosecution and punishment of offences. You agree that Notifie has the right to monitor the Application electronically from time to time and to disclose information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Application properly for justified purposes that are relevant for the features and functionalities of the Application and related services opted by You, or to protect itself or its subscribers. We may transfer Your Personally Identifiable Information or other information collected, stored, processed by Notifie to any other entity or organization located in India or outside India only in case it is necessary for providing services to You in connection with Application. Except with Your consent including under this Agreement for specified purposes, We will not disclose any Personally Identifiable Information to any third party. We will cooperate with the appropriate law enforcement authorities in investigating claims of illegal activity.
In the interest of protecting Your privacy and for security measures, Notifie ensures to take reasonable steps to identify and authorise You before registering Your mobile phone number and granting You use of the Notifie application.
Security of Personal Information
We have implemented commercially reasonable physical, managerial, operational and technical security measures to protect the loss, misuse and alteration and to preserve the security of the Personally Identifiable Information in our care. Our security practices and procedures limit access to personal information on need to know basis only.
Such measures may include, where appropriate, the use of firewalls, secure server facilities, implementing proper access rights management systems and processes, careful selection of processors, standard authentication and encryption policies for our servers and other technically and commercially reasonable measures.
If Notifie learns of a security breach, then we may attempt to notify You electronically so that You can take appropriate protective steps.
Third Party Application Stores
The Application can also be downloaded from third party application stores like Google Play. You agree to comply with all third party privacy policies, if any, applicable to the use of the Application or related services. Notifie shall not be responsible for Your use of any third party product and or service including the terms and conditions of such third party product and or service and or violation and infringement of any third party rights, policies, terms and conditions in connection with access, download or installation of the Application.
The Notifie Terms of Service are a legally binding agreement between you, and Notifie using the trademark Notifie and apply to your use of a Notifie account and any Notifie products and services that you access using an Account. Notifie offers a payment Messaging platform that allows users to pay money using an internet connection. All funds transfers are performed by the Financial Institution Partner based on instructions issued through the Notifie Messaging platform.
It is important that you read and understand these Terms as they govern your use of the Notifie Services. These Terms contain a binding arbitration provision which affects your legal rights and may be enforced by the parties. By accessing or using the Notifie Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately stop using the Notifie Services.
We may amend these Terms at any time by posting a revised version on Notifie.net or any other website we maintain for purposes of providing the Notifie Services. Amended Terms are effective at the time we post them and your continued use of the Notifie Services constitutes your acceptance of any amended Terms. We may provide you with notice regarding upcoming Terms changes by email. Capitalized terms used in these Terms have the meaning assigned to them in Definitions section.
1. Using Notifie
Notifie provides a Messaging platform. The Notifie Messaging platform gives you the ability to make electronic payments to other Notifie users primarily merchants who are also using Notifie platform. Notifie provides the Messaging platform that allows you to send payment instructions to the Financial Institution Partner (which may be a credit card or debit processor).
2. Notifie Accounts
Notifie offers Personal, Business, Government, and Non-profit accounts (each an Account). If you open a Business, Government, or Non-profit Account, you agree that you are not opening the Account primarily for personal, family, or household purposes.
3. Your privacy
4. Accuracy of information
When you register for an Account, you may be required to provide information that will allow us to verify your identity, including but not limited to: a valid physical address (not including P.O. Boxes or commercial mail receiving agencies), phone number, bank account information, a copy of your photo identification, proof of business document ￼and your PAN card number. You agree to provide true and accurate information to Notifie when you create your Account. You also agree to update this information to keep it true and accurate at all times.
You may be required to provide additional information or documentation to allow Notifie to verify your identity and/or your account information. Notifie may also verify your information against third party databases or other sources and you authorize Notifie to make such inquiries.
6. Password security
You are responsible for keeping your Account login information, password, and PIN secure. If you share your Account credentials with another person, you are responsible ￼ for all activity they conduct using your Account, regardless of whether or not you authorized their activity. Notifie will never ask you for your Account credentials.
7. Authorization to debit your linked bank or credit union account If you link a bank account or a credit / debit card to your Account, you are authorizing Notifie and the Financial Institution Partner to initiate an electronic transfer from your linked bank / debit card / credit card account in the amount you specify. You are solely responsible for complying with any terms set by your bank or credit card provider with respect to your account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If you are entitled to a Reversal, refund, or other adjustment associated with a payment you made using the Notifie Services, you also authorize Notifie and the Financial Institution Partner to credit your linked account to complete that transaction.
8. No endorsement of products
Notifie does not provide any endorsements or guarantees for any individual or entity using the Notifie system, nor any third party offers, goods or services featured on Notifie websites. Information regarding third party offers, goods, and services is provided on Notifie websites for informational purposes only, and may not be true, accurate, or reliable.
9. Consent to receive electronic Communications
By opening an Account and using the Notifie Services, you consent to receive all Communications from Notifie electronically and you confirm that you can access, ￼receive and retain such Communications. Communications means all communications, terms, disclosures, notices, and statements that Notifie provides to you in connection with your Account and your use of the Notifie Services. Notifie provides communications to you by posting them on Notifie.net or by emailing them to you at the email address associated with your Account.
10. Notices to You
A Communication will be considered to be received by you within 24 hours after the time we post it to our website or email it to you.
11. Hardware and software requirements
In order to access and retain Communications electronically, you need the following hardware and software:
￼1. A computer, laptop, smartphone, or other device, that is Internet-enabled;
2. A valid email account associated with your Account;
￼3. A web browser which includes 128-bit encryption, such as current versions of Chrome, Internet Explorer, Firefox or Safari, with cookies enabled; and
4. Data storage to save Communications electronically or an installed printer to print them.
￼12. Keeping your contact information updated
You must keep your email address updated in order to receive Communications from Notifie electronically. To update the email address associated with your Account, log into your Account in the mobile application and access the settings menu.
13. Requesting Paper Copies
You may request a paper copy of a Communication that we provided to you electronically by contacting us as set out in Section 15 below. We will send it to the ￼mailing address on file for your Account. Notifie may charge you a fee of Rs. 100 for each paper copy of a Communication sent to you.
14. Withdrawing Consent
You may withdraw your consent to receive Communications electronically by contacting us as set out in Section 15 below. If you withdraw your consent, Notifie may prohibit you from using the Notifie Services and may close your Account.
15. How to contact us regarding electronic Communications
If you have any questions regarding our policy on electronic Communications, please email us at email@example.com or call us at +918220822220
Notifie Fee. For each Notifie payment you make or receive, Notifie may charge a fee as specified. By default, the recipient, such as a merchant, is charged the Notifie Fee, and payer will not be charged the Notifie Fee. Some recipients may require you to pay the Notifie Fee, in which case, you will be charged the Notifie Fee and it will be listed in your payment total. For some payments, you may be given the option to choose to pay to the Notifie Fee by selecting that option in the payment flow.
17. Facilitator Fee
The recipient, such as a seller, or a third party facilitating your payment transaction may charge you additional service fees based on their terms and conditions. We recommend that you review Facilitator Fee terms before completing your payment.
18. Reversal Fee
￼If a payment that you received is subject to a Reversal as set out in Section 22 (Transaction reversal), you may be charged a fee of Rs 500.00.
19. Transaction Limits
Account limits. You are limited on the amount of money that can be sent from your Account per transaction. The per transaction limit is currently Rs. 25,000. We reserve the right to decrease your transaction limit at any time, for any reason.
20. Increased Limits
You may apply for an increased sending limit here. Approval is solely in Notifie’s discretion and may be reassessed and/or revoked at any time.
21. Funding source limitations
Recipient Limitation. A recipient, such as a seller, may choose not to accept all forms of Notifie funding sources. This means you may not be able to choose from the full range of funding sources you have available in your Account to complete your payment to that recipient.
22. Transaction reversal
Reversals or Chargebacks. Any payment that you receive may be reversed if: (a) the sender requests a reversal of the payment if the terms of the service are not met, (b) the senders bank requests a reversal of the payment, or (c) Notifie decides a Dispute against you. You are liable to Notifie for the full amount of any payment that you receive that is subject to a Reversal, and the Reversal Fee, if applied. You will not receive a refund of any Notifie Fee that you may have paid.
23. Authorization to recover amounts due
You authorize Notifie to recover any Reversal amounts due to the Financial Institution Partner by debiting your available Notifie Balance. If you have an insufficient Notifie Balance, you authorize Notifie and the Financial Institution Partner to take any of the following actions to recover the remaining amounts from you:
1. Debit the bank or credit union account(s) linked to your Account;
2. Suspend your Account and require your immediate payment; or
3. Engage in collection efforts.
You agree that in connection with your use of the Notifie Services and your interactions with Notifie you will not:
￼1. Breach these Terms or any other Notifie terms or policies that you have accepted;
2. Provide false or inaccurate information to Notifie, including identity information;
3. Engage or attempt to engage in illegal or fraudulent activities;
￼The following kinds of service providers or merchants are excluded and will not be allowed to sign up for Notifie Merchant Services-
1. Firearms, Alcoholic beverages, Explosives, Pornography materials and services of any kind whatsoever, Live animals, Banned / illegal drugs or other controlled substances, Fireworks or pyrotechnic devices or supplies, Hazardous materials, combustibles, on line gambling including Rummy, corrosives, Website access and / or website memberships of pornography or illegal sites.
2. Bulk email software, Gambling transactions, Multilevel marketing collection fees, Matrix sites or sites using a matrix scheme approach, , Mailing lists
3. Drop-shipped merchandise, Internet pharmacies, software downloads , wall-papers / screen-savers downloads, downloads from web-site/system which cannot be authenticated by way of proof of delivery, any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including laws of India.
4. Jewellers excluding sale of artificial and imitation jewellery, Antique item dealers, Art Gallery, Builder/ Construction companies/Building material suppliers, Local Cable operators, Chit funds/ Nidhi companies/ Credit societies/money lenders/financiers/small NBFCs, Handicraft dealers, Customs notified shops, Journalists /advocates / computer consultants Commission agents, Lottery agencies, Money changers, Motor training school, Medical stores, Real estate agencies/ agents / brokers, Plantation/ Time resort/Marriage Bureaus, Card brokers, Loyalty programs who are selling fixed holidays packages and Merchants who provide tech support.
5. Engage in activity that indicates, in Notifie and the Financial Institution Partners discretion, that there may be a high level of risk associated with you, your Account, or any of your Account activity.
Notifie Product-Specific Terms
1. Referral Program
Notifie offers a referral program which allows you to earn Notifie Referral credits for new customer referrals. Referral credits are not transferable and may not be auctioned, traded, bartered, sold, or redeemed for any value other than provided in these Terms.
￼Referral credits can only be used to pay for items through Notifie. Upon termination of the Referral Program or any portion thereof for any reason, or Referral credits can expire or be terminated at any time at Notifie’s sole discretion.
2. Disputes with other Notifie users
Dispute resolution. You understand and agree that Notifie is not responsible for the goods or services that you pay for using the Notifie Services. Each seller that you purchase from is responsible for providing the goods and services that you purchase and for providing all customer service related to those goods and services. We recommend that you review a sellers policies before completing your purchase. You are responsible for resolving any disputes that you may have with a seller. If you have exhausted all options for resolving a dispute with a seller, you may choose to file a dispute claim with Notifie by following the steps in Section 4 below.
3. Release of Notifie
By filing a Dispute, you understand and agree that:
1. You are asking Notifie to assist in resolving the dispute in its sole discretion and that such assistance or Notifie’s decision may not be satisfactory to you;
2. Notifie’s assistance in resolving the dispute does not guarantee any particular outcome nor any action on Notifie’s part; and
3. You release Notifie, our officers, directors, agents, employees, and suppliers from all claims, demands and damages of any kind arising out of your dispute with a seller and Notifie’s review of your Dispute.
4. How to file a Dispute To file a Dispute, follow these steps:
1. Within 45 days of the original transaction, email firstname.lastname@example.org with the following information:
2. The mobile numbers, email addresses and names of both parties, if available,
3. The transaction ID number,
￼4. The amount of the transaction, and
5. The details of your disagreement with the recipient, including any steps already taken to resolve the issue and copies of supporting documentation (such as email correspondence, receipts, etc.).
6. Provide any additional information or documentation that we may request. Once Notifie has decided the outcome of the Dispute, the parties will be notified of the decision. You are required to comply with the decision and complete any actions required by such decision.
￼5. Your liability and actions we may take Your liability. You are responsible for all Reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Notifie, the Financial Institution Partner, other ￼Notifie users, or third parties arising from your breach of these Terms or your use of the Notifie Services. You agree to reimburse Notifie, the Financial Institution Partner, other Notifie users, or third parties for any and all such liability.
6. Actions we may take If we determine, in our sole discretion, that you may have breached these Terms, that you or your Account activity present risk or security concerns, or if we are unable to verify your identity, we may take actions to protect Notifie and our users, the Financial Institution Partner, or other third parties from Reversals, claims, fines, penalties and any other liability. These actions may include, but are not limited to, the following:
￼1. Suspending your access to your Account and/or the Notifie Services;
2. Suspending your access to your funds held in the Holding Account for up to 90 days;
3. Taking action as set out in Section 6 (Transaction reversal) to recover amounts that you owe;
4. Closing your Account;
5. Contacting Notifie users or third parties who have purchased goods or services from you, contacting your bank, and/or warning other Notifie users, law enforcement, or other impacted third parties of your actions;
6. Refusing to provide the Notifie Services to you in the future; and
7. Taking legal action against you.
￼7. Notice of limit or suspension ￼We will provide you with notice if we take any of the above actions against your Account. If we limit or suspend your Account, we will provide you with notice of our action.
8. Unauthorized transactions and Error resolution Notify Notifie of Account Errors. Contact Notifie immediately at support@Notifie.net if you think that: (a) your Account has been accessed without your authorization, (b) a transaction that you did not authorize has occurred, (c) a transaction has been processed incorrectly to or from your Account, or (d) your Account statement contains an error regarding your transaction history. If you give someone access to your Account and they conduct transactions without your authorization, these transactions are not considered Errors, unless you are the victim of a phishing attack or similar exploit. We must hear from you within 30 days after we provided the Account statement on which the suspected Error first appeared.
￼9. How to notify Notifie When you notify us of the suspected Error, please provide:
￼1. Your Name, Mobile Number and Email Address,
2. The nature of the suspected Error and why you believe it is an Error, and
3. The transaction amount of the suspected Error. ￼If you notify us by phone, we may require that you send us your inquiry by email within 10 business days.
￼10. Investigation by Notifie ￼We will determine whether an Error occurred within 10 business days after you notify us and will correct any Error promptly. If we need more time, we may take up to 45 days to investigate. If we decide to do this, we will credit your Account within 10 business days for the amount of the suspected Error. If we ask you to send your inquiry by email and we do not receive it within 10 business days, we may not credit your Account. For Errors involving new Accounts, we may take up to 90 days to investigate and may take up to 20 business days to credit your Account.
￼11. Investigation results Notifie will tell you the results within 3 business days after completing our investigation. If we decide that there was no Error, we will provide you a written explanation. You may ask for copies of the documents that we used in our investigation.
￼1. By You- You may stop using the Notifie Services at any time. You may also close your Account at any time, as long as you have no pending transactions or open Disputes, by contacting us at email@example.com.
2. By Us. We may close your Account or terminate your access to the Notifie Services without liability, for any reason, upon notice to you. Reasons for termination may include, but are not limited to, your violation of these Terms or any other applicable Notifie or the Financial Institution Partner terms or policies, Account inactivity, or Notifie’s assessment that you pose an unacceptable risk ￼to the Notifie network, based on our confidential risk and security criteria. Notifie also reserves the right to modify or terminate the Notifie Services at any time, for any reason.
￼13. Disputes with Notifie Binding arbitration-You and we agree that upon the election of either of the Parties, any past, present, or future dispute relating in any way to your Account, or any other past, present, or future relationship or transaction between the Parties, will be resolved by binding arbitration as discussed below, and not through litigation in any court. Such disputes are called Claims for purposes of this agreement. This binding agreement to arbitrate applies regardless of whether the dispute is between you and us jointly or separately. Unless the Parties agree otherwise, or unless the arbitration administrators rules or law require otherwise, the arbitration shall be held in Chennai, India.
The arbitrator will decide the Claim in accordance with all applicable law, including recognized principles of equity and statutes of limitations, and will honour all privileges ￼recognized by law. The arbitrator will have the authority to award to a Party any damages or relief provided for under applicable law. The arbitrators decision shall be final and legally binding, and may be enforced by any court having jurisdiction.
No class actions or similar process, and no joinder or consolidation of any Claim with a Claim of any other person or entity, shall be allowable in arbitration, without the written consent of both Parties. The arbitrator shall have no authority to entertain any Claim on behalf of a class, group, person, or entity who is not a named party to the arbitration, nor shall any arbitrator have authority to make any award for the benefit of, or against, any class, group, person, or entity who is not a named party to the arbitration. In the event that there is a dispute about whether limiting arbitration to non-class proceedings, or to the named parties, is enforceable under applicable law, then that question shall be ￼resolved by a court rather than by an arbitrator; and to the extent it is determined that resolution of a Claim must proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration.
If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrators rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur.
Arbitration with respect to a Claim is binding and neither Party will have the right to litigate that Claim through a court. In arbitration the Parties will not have the same rights that apply in court, such as the right to a trial by judge or jury and the right to participate or be represented in proceedings brought by others such as class actions or similar proceedings. In addition, the right to discovery and the right to appeal may also be limited or eliminated in arbitration. All of these judicial rights are waived with respect to Claims that the Parties elect to arbitrate.
14. General terms
￼1. Indemnification-You agree to defend, indemnify and hold harmless Notifie, the Financial Institution Partner, their respective officers, directors, agents, employees, and suppliers from any third party claims, actions, proceedings, and ￼suits and related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys fees and other litigation expenses) arising from: (a) your violation of these Terms or any other applicable Notifie or Financial Institution Partner terms or policies; (b) your use of the Notifie Services; or (c) your actual or alleged violation of any third party rights, or any applicable laws, regulations or rules.
2. Limitation of liability-IN NO EVENT SHALL Notifie, THE FINANCIAL INSTITUTION PARTNER, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES INCURRED IN CONNECTION WITH: (i) THESE TERMS, (ii) YOUR USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE ￼Notifie SERVICES, OR, (iii) ANY GOODS OR SERVICES PURCHASED, RECEIVED, OR PAID FOR USING THE Notifie SERVICES, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, REGARDLESS OF WHETHER Notifie OR THE FINANCIAL INSTITUTION PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Notifie OR THE FINANCIAL INSTITUTION PARTNERS LIABILITY AND THE LIABILITY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND SUPPLIERS EXCEED THE FEES Notifie HAS RECEIVED FROM YOU THROUGH YOUR USE OF THE Notifie SERVICES. Notifie AND THE FINANCIAL INSTITUTION PARTNER SHALL NOT BE JOINTLY LIABLE FOR ANY MATTERS HEREUNDER. THIS LIMITATION OF ￼LIABILITY SECTION SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
3. No warranty-THE Notifie SERVICES ARE PROVIDED AS IS AND AS AVAILABLE, WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. USE OF THE Notifie SERVICES IS AT YOUR OWN RISK. Notifie, THE FINANCIAL INSTITUTION PARTNER, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER Notifie NOR THE FINANCIAL INSTITUTION PARNTER HAS CONTROL OF, OR LIABILITY FOR, ANY PRODUCTS OR SERVICES THAT ARE PAID FOR USING THE Notifie SERVICES AND CANNOT ENSURE THAT ANY THIRD PARTY YOU TRANSACT WITH WILL COMPLETE THE TRANSACTION. NEITHER Notifie NOR THE FINANCIAL INSTITUTION PARTNER REPRESENTS OR WARRANTS THAT THE Notifie SERVICES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Notifie OR THROUGH THE Notifie SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. NEITHER Notifie NOR THE FINANCIAL INSTITUTION PARTNER SHALL BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE ￼PROCESSING, COMPLETION OR SETTLEMENT OF Notifie SERVICES TRANSACTIONS. THIS DISCLAIMER OF WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
4. Force majeure-You understand and agree we will not be held responsible for any losses or damages resulting from suspension of service due to extraordinary events or circumstances beyond our control. In such an event, Notifie may suspend the Notifie Services and access to your Account and the Financial Institution Partner may suspend service
5. Assignment-You may not transfer or assign any rights or obligations you have under these Terms. Notifie and the Financial Institution Partner reserve the right to transfer or assign any rights or obligations under these Terms at any time.
￼6. Applicable law-You agree that the laws of India, without regard to principles of conflict of laws, govern these Terms and any claim or dispute that has arisen or may arise between you and Notifie.
￼15. Complete agreement, no waiver, and survival These Terms, along with any applicable Notifie terms and policies that you have agreed to set forth the entire understanding between you and Notifie with respect to the Notifie Services. Any failure of Notifie or to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any provision of these Terms held to be invalid or unenforceable under applicable law shall be struck, and the remaining provisions will continue in full force and effect. Sections: Using Notifie, Consent to receive electronic Communications, Transaction reversal, Disputes with other Notifie ￼users, Your liability and actions Notifie and the Financial Institution Partner may take, Disputes with Notifie, and General terms, as well as any other terms which by their nature should survive, will survive the termination of these Terms.
Account means a Notifie Personal Account, Business Account, Government Account, or Non- profit Account.
Business Account means an Account established primarily for business purposes and not primarily for personal, family, or household purposes.
Communications means the communications described in Section Communications.
Dispute means a dispute claim filed with Notifie as described in Section �Dispute resolution�. Notifie means Notifie and its successors, affiliates, or assigns.
Notifie Services means all messaging services, including Accounts, offered by Notifie through ￼￼our websites, applications, or through any other means. Facilitator means a third party or third party software that facilitates your payment as described in Section Facilitator Fee.
Facilitator Fee means the fee charged by a Facilitator.
Financial Institution Partner means the partner bank that is handling the credit / debit card processing, etc. Government Account means an Account established by a government entity primarily for government purposes and not for personal, family, or household purposes. Non-profit Account means an Account established primarily for non-profit purposes and not for personal, family, or household purposes.
Referral Program means the program described in Section Referral Program. Reversal Fee means the fee that may be charged for any Reversal associated with your Account. Reversal means Notifie’s reversal of a payment you received because: (a) the sender requests a reversal of the payment, (b) the senders bank or credit union requests a reversal of the payment, or (c) Notifie decides a Dispute against you.
Terms means these Notifie Terms of Service, as may be amended from time to time. Us, we or our refers to Notifie and the Financial Institution Partner. Virtual Currency means a medium of exchange that operates like a currency in some environments, does not have all the attributes of real currency, and is subject to regulatory guidance. Virtual Currency includes cryptocurrencies, including, but not limited to Bitcoin, Litecoin, Namecoin, and Peercoin.
You or your means any person or entity using the Notifie Services. Financial institutions play an important role in the Notifie network.