Welcome to GimBooks Pay! This document outlines the terms and conditions ("Terms") governing your use of the GimBooks Pay ("App"). By downloading and using the App, you agree to be bound by these Terms-The terms and conditions hereunder (“Terms & Conditions”) shall apply to the use of the website ‘www.gimbooks.com’, mobile application ‘GimBooks Pay App’ and any other allied pages, software, features, content or application services (“Platforms”) offered or operated by Gim Info Solutions Private Limited (“Company”).Any person logging on to, or using or browsing any of the Platforms (even when such person does not avail of any services provided by the Company through the Platforms (“Services”)) shall be a “User” (“You”) and shall be deemed to have read and unequivocally accepted and agreed to be bound by these Terms & Conditions (including the Privacy Policy uploaded to the website of the Company). These Terms & Conditions shall supplement, and not override the terms/conditions of any other specific written agreement for Services that the User and the Company may have entered into.If You do not agree to these Terms & Conditions in any manner, please terminate Your use of this website and the other Platforms. You shall be deemed to have accepted these Terms & Conditions irrespective of whether You are a registered member or visitor, and the Company shall have the ability to bind You to these Terms & Conditions.The ‘Privacy Policy’ is provided separately, but forms an integral part of Your use of the Platforms and should be read together with these Terms & Conditions. To the extent any of the provisions of these Terms & Conditions (including the Privacy Policy) are declared void or unenforceable under law, the rest of the provisions hereof shall continue as is and shall be binding upon the User.Subject to these Terms & Conditions and the various policies of the Company, the Company offers the services set out in Schedule A hereto (as amended from time to time, at the sole discretion of the Company).
This End User Agreement (the “Agreement”) is made between you (the “User” or “You”) and GIM INFO SOLUTIONS PRIVATE LIMITED (hereinafter referred to as “GimBooks Pay”). (“GimBooks Pay”, “Us” or “We”, which term shall include its successors and permitted assigns). The User and GimBooks Pay shall be collectively referred to as the “Parties” and individually as a “Party”.You hereby consent to GimBooks Pay being appointed as your authorized representative to receive your Credit Information that also include Aadhaar card details, PAN card details, GSTIN, KYC and selfie verification to provide digital payments and lending services through “GimBooks Pay (“End Use Purpose”) on an ongoing basis for a period not exceeding a period of twelve (12) months.
BY EXECUTING THIS AGREEMENT / CONSENT FORM, YOU ARE EXPRESSLY AGREEING TO ACCESS THE CREDIT INFORMATION REPORT AND CREDIT SCORE, AGGREGATE SCORES, INFERENCES, REFERENCES AND DETAILS (AS DEFINED BELOW)(TOGETHER REFERRED TO AS “CREDIT INFORMATION”). YOU HERE BY ALSO CONSENT TO SUCH ACCEPTANCE OF THE TERMSFor You to accept these Terms, You shall be of majority age (18 and above), in case of an individual.In cases of entities, You must be an entity eligible and registered to undertake business or operate in India. The Services are intended solely for persons who are capable to enter into legally binding contracts under Indian Contract Act, 1872 and have full power and authority for using the Services.You can accept these Terms by checking the checkbox or clicking on “I AGREE” or by actually availing our Services. In the case that You do not accept these Terms, You shall not avail our Services as is provided through Our Platform.
These Terms apply to every user who uses or accesses the Services. It also applies to any legal entity including partnership firms, corporate bodies, trusts, or association of persons, which may be represented by You under actual or apparent authority.
These Terms are subject to modifications, at our sole and absolute discretion. Further, we may from time to time formulate new policies for availing all or any of the Services. The most current version of the Terms will supersede all previous versions. You understand that your continued use of the services after any changes to the Terms or addition of new policies constitutes Your acceptance to be bound by the most recent version of the Terms. If the Terms (including changes and additions thereto) are not acceptable to You, please refrain from using our Platform/Services.
DESCRIPTION OF SERVICES
Our services provided or may be provided soon from the Platform include but are not limited to the following (“Services”):
Accounting and Bookkeeping services GimBooks offers a cloud-based and Mobile First bookkeeping and business management platform, geared mainly towards small and micro-sized businesses of India, which is easy to use and uniquely offers domain based bookkeeping and Integrated banking.
By using GimBooks Mobile App, their users can, Create, Share and Manage documents like GST compliant Invoices, E-waybills, Quotations and various other documents required in day-to-day business. Manage their purchases, inventories, expenses and ledgers, apply for different types of Loans and file their GSTRs.
Loans/Revenue based financing/Credit cards: GimBooks Pay provides a platform that facilitates revenue-based financing to enterprises including but not limited to early staged start-ups (whether operated by individuals or entities) based on monthly revenue generated by start-ups. GimBooks Pay’s mission is to help vendors grow by providing them with flexible and non-dilutive financing options. The Revenue-based financing model of GimBooks Pay allows vendors to receive funding from non-banking financial companies, banks or any other financial institutions, in exchange for a percentage of their monthly revenue. This enables vendors to receive the capital they need without giving up equity or taking on traditional debt. GimBooks Pay’s financing partners receive a portion of the startup's revenue until a predetermined repayment cap is reached. In addition to it,
GimBooks Pay also provides a platform to start-ups and MSMEs to receive credit lines from non-banking financial companies, banks or any other financial institutions.
GimBooks Cards: A corporate credit card is offered by GimBooks Pay in partnership with banks/financial institutions (which are authorized by the RBI to undertake credit card business), to provide a zero-fee, collateral-free credit card limit to vendors, entrepreneurs, and ecommerce companies. In connection with the facility of credit card offered by GimBooks Pay in partnership with banks/ financial institutions, the role of GimBooks Pay is limited to promotion and marketing activities associated with distribution of these corporate credit cards.
GimBooks Pay: GimBooks Pay is a comprehensive platform designed to simplify invoice and payable management for businesses. It integrates seamlessly with popular softwares like WhatsApp and tally, enabling You to streamline your bookkeeping, communication and financial management. GimBooks Pay offers a unique feature that allows You to pay anyone with a credit card, including all business expenses. This feature makes GimBooks Pay a one-stop solution for businesses looking to manage their financial operations efficiently. With GimBooks Pay, You can easily monitor, forecast, and pay your invoices in one centralized location.
GimBooks Pay: GimBooks Pay is a comprehensive platform designed to simplify invoice and payable management for businesses. It integrates seamlessly with popular softwares like WhatsApp and tally, enabling You to streamline your bookkeeping, communication and financial management. GimBooks Pay offers a unique feature that allows You to pay anyone with a credit card, including all business expenses. This feature makes GimBooks Pay a one-stop solution for businesses looking to manage their financial operations efficiently.With GimBooks Pay, You can easily monitor, forecast, and pay your invoices in one centralized location.
Any other ancillary services provided in connection with services mentioned above.We believe in continuous development in order to meet the industry standards and provide you with better Services, therefore, we reserve the right to modify, remove or rename our Services at our sole discretion. In case of such modification, we shall update the aforementioned list for your perusal.
Definitions:
For the purpose of these Terms and Conditions, the following words and phrases shall have the meaning assigned to them under these Terms and Conditions.
Acquiring Bank:-
means any bank or financial institution that processes debit card or credit card payments or payments from any other payment instrument of the User.
Affiliate:-
i) any natural person, partnership, corporation, association, or other legal entity directly or indirectly owning, controlling, or holding with power to vote 10% or more of the outstanding voting securities of the User; (ii) any partnership, corporation, association, or other legal entity 10% or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote by the User; (iii) any natural person, partnership, corporation, association, or other legal entity directly or indirectly controlling, controlled by, or under common control with, User; or (iv) any officer or director of the User. Notwithstanding the foregoing, affiliates" shall include only those persons acting on behalf of the User and performing services for the User within the scope of the authority of the User, as set forth in this Terms & Conditions.
API:-
Application programming interface (API) is a set of subroutine definitions, communication protocols and tools for building software and implies a software code that allows two software programs to communicate with each other.
Convenience Fee:-
means the convenience fee payable by the User to GimBooks Pay for using the Services through the Application.
Payee:-
means any person to whom a payment is made by the User using the Services.
Password:-
means the one time password sent by the card issuing or any other relevant third party for authorising the payment from the User’s designated account or PIN set by the User or the alphanumeric password set by the User to access the Services through the User Account.
Person:-
means any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.
Self– Financing Transaction:-
means a Transaction where the registered User avails or uses the Application to inter alia fund his own business account or that of his spouse or relatives or affiliates, transfer of funds to the Payee against any fake or fraudulent transactions, transfer of funds to self-owned account, use of a payment instrument of a User by any other User on Application for funding the User, transfer of funds to any subsidiary, holding, associate company of the User or any related party, unless such transfer of funds is towards a genuine transaction between the User and the Payee.Service Provider:-
means a bank, association, facility provider, card issuing institution, Acquiring Bank, payments gateway, other financial institution, card processor, clearing house networks or any such vendors or service providers, that GimBooks Pay may engage with from time to time to provide the Services.
Settlement Account:-
means such a bank account maintained by GimBooks Pay or the account of any payment Service Provider (who provides services in the capacity of a payment aggregator or payment gateway) on-boarded by GimBooks Pay for the provision of the Services.
Transaction:-
means a payment instruction that results in the successful transfer of monies or settlement from a User to a Payee.
Transaction Amount:-
means the total amount payable by a User to a Payee. This amount shall not include all applicable taxes, charges, interest, delivery costs, Convenience Fee and other such incidental charges etc.
User Account-
shall mean the account of the User created on the Application for availing the Services.
Eligibility:
To use the App, you must:
Be a resident of India
Be at least 18 years of age
Possess a valid Indian mobile phone number and PAN card
Have a bank account linked to an Indian debit card or UPI
By agreeing to these Terms & Conditions, a User (which such User is a natural Person) represents that the User is at least the age of majority i.e. 18 years, and is competent to contract. Additionally, where the User is registering on behalf of, and is the authorized representative of, a company, partnership or any other legal entity, such User has been duly authorized by such entity and is permitted under Applicable Laws to accept these Terms & Conditions. The User represents and warrants that the User has the full power and authority to accept the Terms & Conditions, access the Services provided by GimBooks Pay, under these Terms & Conditions and that these Terms & Conditions are binding upon the User and enforceable in accordance with these Terms & Conditions. All Services by GimBooks Pay are governed by these Terms & Conditions. Where the Services are availed by a company, partnership or any other legal entity, the User represents and warrants that the entity has the full power and authority to accept the Terms & Conditions and such Terms & Conditions shall bind such company, partnership or any other legal entity, as applicable.In case GimBooks Pay alters or amends the eligibility criteria to be registered for receiving the Services and the User no longer complies with the new eligibility criteria, as determined by GimBooks Pay in its sole discretion, the User accepts that GimBooks Pay may restrict or suspend the access to the Services without any liability for GimBooks Pay. The User is solely responsible for ensuring that the User is in compliance with these Terms & Conditions.The User agrees that the User shall, as required or instructed by GimBooks Pay, update the devices to operate the Application as instructed by GimBooks Pay. In case the User fails to update as required, the User may not be able to use the Application.The User shall ensure that there are proper encryption and security measures at its respective desktop, mobile device or other device used to access the Application to prevent any hacking and the User accepts all liabilities with respect to any compromise or unauthorized use or disclosure or access to such information.Whichever MCC/MID you select (vendors/rent/tax/utility/others), the MID will be passed according to the PG/bank/credit card company and GimBooks Pay does not have any role in selecting the MID. Any dispute if at all gets raised later because of this from any party, all the liability of that will be with the user and Not GimBooks/GimBooks Pay.The User may not use the Services for any illegal or unauthorised purpose nor may the User, in the use of the Services, violate any Applicable Laws (including but not limited to copyright laws). GimBooks Pay reserves the right to refuse or discontinue the Services to anyone for any reason at any time.
Services Offered: The App provides the following services:
Credit Pay: Borrow cash advances and pay later with installments.
Bill Payments: Pay bills for vendors.
Accounting and Bookkeeping services: GST Invoice generator.
Financial Management Tools: Track your spending, set budgets, etc
The Services may be used exclusively by the User for making payments to the Payee or making settlement of a valid and legal transaction and/or to make payments. The User hereby understands, accepts and acknowledges that he is solely responsible for any loss or damage caused to the User or User's vendors/customers arising as result of the use of the Application not in accordance with the instructions of GimBooks Pay or the Service Provider, as the case may be, whether directly or indirectly and shall release GimBooks Pay and the Service Providers from any such liability arising therefrom. The User has appointed GimBooks Pay as an agent to hold, receive, disburse and settle funds on its behalf in the name of, and for the benefit of the User. Such authorization shall permit GimBooks Pay to receive Transaction Amounts into a GimBooks Pay current account or such bank account as may be specified by GimBooks Pay to further process payment of the Transaction Amounts for which the products and/or services have already been delivered by the Payee to the User, as specifically permitted by GimBooks Pay (where GimBooks Pay will comply with relevant applicable laws for acting as a payment agent). The authorization provided hereunder shall remain in full force and effect until specifically terminated by GimBooks Pay or where the User has discontinued the use of the Services, whichever is earlier. For acting as a payment agent, the User confirms and accepts that GimBooks Pay may engage payment aggregator or payment gateway or such other Service Provider for the processing of the Transactions.
GimBooks Pay shall initiate transfer of the relevant Transaction Amount received by it to the respective Payee’s designated bank account promptly, subject to the maximum timelines permitted under applicable laws, after deduction of the Convenience Fees and such other charges as may be specified by GimBooks Pay from time to time. For clarity, the User acknowledges that GimBooks Pay shall be liable to settle amounts to the Payee only upon actual receipt thereof.
GimBooks Pay has no obligation to verify the authenticity of the Transaction once the transaction is generated through a valid login and authenticated through multiple levels of security checks provided on the Application. The User shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the User Account. GimBooks Pay shall not be liable for any mistake or misuse or unauthorised use of the Services by either the User or by any person authorized by the User, or by any person gaining access to the Services through the User. The User agrees that GimBooks Pay accepts all instructions originating from the User Account in good faith and that they are genuine and are normal business transactions and, in a manner, consistent with commercially reasonable security standards and the applicable laws. Certain terms of executing a Transaction are given below:
On receiving the necessary details from the User, GimBooks Pay shall initiate the required payment to Payee as instructed by the User.
Confirmation of the Transaction performed using valid login credentials i.e. username and Password (which includes the one time password generated by the card issuing bank), shall be conclusive evidence of a Transaction being effected.
User is responsible to furnish GimBooks Pay with correct and accurate information. In the event that the payment is in respect of a purchase or sale of goods and services offered by the Payee to the User, GimBooks Pay shall not be required to ensure that the purchased goods and services have been duly delivered. In the event a User chooses to complain about a Transaction, the same should be communicated to GimBooks Pay within 3 (three) hours of the Transaction. The User expressly agrees and warrants that GimBooks Pay is only an online intermediary / platform for facilitating the payment or settlement of transaction and hence is not responsible to the User or to any other third party for any wrong payment or defect in products or deficiency in services delivered or any other dispute between the User and the Payee or with banks.
All transactions shall be done in Indian Rupees.
In case of tax payment, once the GST and/or direct tax payment is processed successfully, the status of the payment will be updated on the GST and/or Direct Tax Portal, however, GimBooks Pay or the Service Providers are not liable or responsible which prevents the processing of any payments.
The User shall get a challan confirmation on receipt of the same from the respective tax authorities. However, GimBooks Pay or the Service Providers are not responsible for ensuring the generation of the challan by the tax authorities.
Fees and Charges
Interest Rates: Interest rates on credit advances will vary based on your creditworthiness and loan amount. The Annual Percentage Rate (APR) will be clearly displayed in the App before you accept a loan
.Late Payment Fees: Late payments may incur late fees as outlined in the App.Transaction Fees: Certain transactions, such as cash advances or payments to specific merchants, may incur additional fees. These fees will be displayed in the App before you proceed with the transaction.
Data Privacy and Security:GimBooks Pay takes your data privacy seriously. We use industry-standard security measures to protect your personal information. Please refer to our separate Privacy Policy for more details on how we collect, use, and share your data.
User Responsibilities
You are responsible for:
Maintaining the confidentiality of your login credentials.
Using the App for legitimate purposes only.
Repaying your credit advances on time and in full.
Keeping your contact information updated.
Complying with all applicable laws and regulations.
Complying with all applicable laws and regulations.
Every User is responsible to (i) furnish correct and accurate information of the User/ Payee as may be required, on an independent basis; (ii) furnish to GimBooks Pay forth with on demand, the original copy/copies of proof of delivery of products or services by the Payee, invoices or other records pertaining to any Transaction; (iii) ensure that all licenses and registrations required by him are in full force and effect to enable them to carry on the business of sale/ purchase of products and rendering of services and agrees to furnish immediately copies of such licenses on request by GimBooks Pay.
The User hereby expressly acknowledges, agrees and undertakes not to enter into/ facilitate /carry on or attempt to enter into/facilitate/ carry on any Self-Financing Transaction on or through Application. In the event, the User is found to be doing so or attempting to do such Self-Financing Transaction, GimBooks Pay shall at its discretion have recourse to take such actions as it deems fit(including suspension of account, investigation etc.) as the case maybe, including initiating appropriate legal action as may be.
Users shall act in compliance with all applicable laws, rules and regulations and shall at all times comply with the guidelines set by Visa/MasterCard/ Acquiring Banks/ Service Providers, as may be applicable from time to time.
User shall not sell, provide, exchange, or otherwise disclose to third parties or use themselves (other than for the purpose of completing a Transaction, or as specifically required by law) any personal information about any third party, including the account details and mobile number, without obtaining the prior written consent of such third party.
User shall take all precautions as may be feasible or as may be directed by GimBooks Pay to ensure that there is no breach of security and that the integrity of the link between their systems/ site, the Application and the payment mechanism is maintained at all times. In the event of any loss being caused as a result of the link being breached or as a consequence of the link being improper or being in violation of the provisions of this clause, the loss shall be to the account of the User and the User shall indemnify and keep indemnified GimBooks Pay and the Service Providers from any loss as may be caused in this regard.
User shall bear and be solely and exclusively responsible for the payment of all relevant & applicable taxes (including any applicable withholding taxes) as may be due from time to time. A User shall not at any time require any other User or any other person to provide him with any details of the accounts held by the other Users with any Banks including, the Passwords, account number, card numbers, mobile phone numbers and PIN which may be assigned to them by the Acquiring Banks from time to time. A User shall entirely defend, indemnify and hold harmless GimBooks Pay from any claims relating to the same or any costs and expenses suffered or incurred by GimBooks Pay.
User shall not be entitled to a right to participate or seek advantage of certain campaigns, promotions or preferential pricing offered by GimBooks Pay on the Application on terms and conditions and eligibility criteria specified by GimBooks Pay on the Application from time to time. In case of any dispute between the User and GimBooks Pay, the decision of GimBooks Pay shall be final and binding on the User. GimBooks Pay reserves the right to discontinue such offers or promotions at any time, with or without a notice.
A User shall use the information regarding a Payee (including name, address, e-mail address, telephone numbers and other data) conveyed to him whilst using the Services, only for the purpose of completing the Transaction for which it was furnished, and not to sell or otherwise furnish such information to others unless he has an independent source of such information or obtains the express written consent of such Payee.
A User shall inform GimBooks Pay of any change in his email address, mobile number, address, ownership or legal status or his cessation of business in writing forthwith on such change. User shall not use the Services or the Application in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services or the Application in an automated manner or otherwise.
GimBooks Pay has the right to investigate and prosecute violation of any of the above to the fullest extent of the law or seek such legal recourse as available. The User shall indemnify and keep GimBooks Pay and its officers, affiliates from any such losses or damages as GimBooks Pay may incur on account of such violations and also right to adjust any money lying in the settlement account towards losses or damages that GimBooks Pay may suffer on account of such violation, without prior notice to the User.
User shall not hold GimBooks Pay liable for any delays in settlements and/or refunds that are not directly attributable to the act/omission of GimBooks Pay.GimBooks Pay reserves the right to temporarily or permanently terminate or suspend a User’s access to the Application in case a User fails to prove the validity of the Transaction with the Payee or for any other reason whatsoever, which GimBooks Pay may deem fit its sole discretion.
GimBooks Pay reserves the right to temporary or permanently terminate or suspend a User’s access to the Application in case a User fails to prove the validity of the Transaction with the Payee or for any other reason whatsoever, which GimBooks Pay may deem fit its sole discretion.
Every User availing GST payment Service on the Application shall ensure that: (i) valid login credentials are entered by the User while accessing the GST portal; (ii) correct and accurate amounts are mentioned against respective type of tax heads; (iii) CPIN amount mentioned on the Application should be verified; (iv) any losses that may be incurred due to providing of incorrect CPIN or incorrect amounts in the tax heads while making GST payments shall be at the cost and expense of the User.
Every User availing utility bill payment Service on the Application is responsible to (i) furnish correct and accurate information of himself or of the Payee (ii) verify name, address, e-mail address, telephone numbers, utility/consumer account number and other data of the User. Every User availing direct tax payment Service on the Application is responsible to (i) furnish correct and accurate information of the Payee; (ii) verify name, address, e-mail address, telephone numbers, PAN/TAN and other data of the User; (ii) verify the challan type selected before initiating payment; (iii) any losses that may incurred due to providing of incorrect PAN/TAN or other information of the User on Application while making tax payments; In the event of any dispute between the User and the Payee with respect to the tax payments or any other payments in connection with the Services, GimBooks Pay shall not be made a party to any litigation, arbitration or other proceeding instituted in respect of such disputes.
User shall ensure that he is selecting the appropriate Service on the Application and is utilizing the Application only for those purposes as selected by the User on the Application.
When a payment is made to a Payee’s designated bank account, GimBooks Pay will update the User and provide the User with a Transaction confirmation. The confirmation will serve as the User's receipt. Upon request of User, GimBooks Pay may provide a summary of his/her/its User Account activity, for up to one year of account activity. Except as required by law, User is solely responsible for (a) compiling and retaining permanent records of all Transactions and other data associated with his User Account and his use of the Services, and (b) reconciling all transactional information that is associated with his/her/its User Account. If the user believes that there is an error or unauthorized transaction activity is associated with his/her User Account, he/she/it must contact GimBooks Pay immediately and shall indemnify, defend and hold harmless GimBooks Pay any such error or unauthorized transaction activity on the User Account.
Payment Terms
Convenience Fees:
The Service Providers will authenticate, authorize, and process the payment instructions given by the User in respect of a Transaction upon fulfillment of valid criteria as set forth by the Acquiring Bank from time to time and accordingly transfer such approved Transaction Amount from the User’s payment instrument to the Settlement Account maintained by GimBooks Pay.
Payment Modes accepted by GimBooks Pay include:
CREDIT CARD- VISA, RUPAY, MASTER CARD, MAESTRO.
UPI
E-WALLETS
In consideration of the Services rendered by GimBooks Pay to the User, the User shall pay to GimBooks Pay a Convenience Fee. The User can view the Convenience Fee details on the Application. GimBooks Pay reserves the right to charge the Convenience Fees to the Users on a differential basis.
The User will be made aware of the Convenience Fee on the mobile Application prior to making the Transaction. The User can proceed to make the Transaction only upon his agreement to the Convenience Fee charged for the use of the particular Service. All the Convenience Fees paid to GimBooks Pay are non-refundable.
GimBooks Pay shall deduct its Convenience Fees plus applicable taxes per successful Transaction and make payment of the balance of the Transaction Amount to the Payee’s designated bank account. All other taxes, duties or charges shall be borne and paid by User, unless otherwise agreed between the Parties. GimBooks Pay reserves the right to alter / modify / change the Convenience Fee payable at its discretion and other taxes, duties or charges on an actual basis at any time without notice to the User. GimBooks Pay shall not be liable for specifying the charges charged by the Service Provider on the Application and may be charged by such Service Provider separately to the User.
It is hereby agreed and acknowledged by the User that the Convenience Fees charged by GimBooks Pay in respect of a Transaction that has been successfully completed shall not be returned or repaid by GimBooks Pay to the User or any other person irrespective of the Transaction being rejected, charged back, refunded or disputed.
Chargeback Policy
A “Chargeback” shall mean a request by the Reserve Bank of India, cyber crime cell or any other governmental authority, or any of the Service Providers under the order or direction of a governmental authority for a refund to the concerned User due to any of the following reasons:Any payment which the User refuses to honour or demands a refund of because the products or services, purchased or sold or the delivery thereof, was not as promised or was defective, deficiency of service, incomplete and /or unsatisfactory for any reason whatsoever, or that payment for the same has already been made;
Any payments by a User using the Services, which is returned by the Acquiring Bank for any reason whatsoever;
Any charge/debit arising out of any alleged hacking breach of security or encryption that may be utilized by Service Provider/ GimBooks Pay/ Payee from time to time.
As a result of the rapid nature of movements of funds, once a payment has been initiated through the Application, it may not be possible to retract the same. In such an event, neither the Acquiring Bank nor GimBooks Pay shall be responsible to the User or anyone else for chargeback or refund. The User hereby expressly acknowledges and confirms that GimBooks Pay shall not be liable for any Chargeback or Chargeback related issues.
Any such retraction of payment shall be between User and Payee directly and a Chargeback can be considered only if the Payee refunds the amount back.
In any event, Chargeback requests may be entertained only if the Payee refunds the amount and hence, GimBooks Pay disclaims all liability in this regard.
GimBooks Pay shall not be responsible to make payments in respect of any Chargeback unless it has received the requisite amounts from the Reserve Bank of India, cyber crime cell or any other governmental authority, or any of the Service Providers under the order or direction of a governmental authority. In the event of the receipt by GimBooks Pay of an amount of a Chargeback requested.
GimBooks Pay shall pass on to User such amount received by them within 7 (seven) working days.
Taxes
GimBooks Pay shall deduct its Fees as well as GST from the Transaction Amounts received by them. User is responsible for determining any other taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for his use of the Services. The User is also solely and exclusively responsible for collecting, withholding, reporting, and remitting correct taxes to the appropriate tax authority at such amounts as may be levied by law from time being in force. GimBooks Pay is not obligated to, nor will they determine whether taxes apply, or calculate, collect, report, or remit any taxes to any tax authority arising from any transaction. GimBooks Pay specifically disclaims any liability for taxes.
Payout Schedule
GimBooks Pay will automatically initiate a pay out of the Transaction Amount to a Payee’s designated bank account as set out herein below:
All Transactions from the payment instrument of a User shall be credited to Payee in accordance with the timelines specified by the Acquiring Bank, Service Providers and other persons.
All payments shall be made by GimBooks Pay subject to processing and receipt of the same.
All payments settled by GimBooks Pay to any Payee shall be through GimBooks Pay’s designated bank account or such other banking channels or other Service Providers as may be utilized by GimBooks Pay.
GimBooks Pay will initiate, on a best efforts basis, a payout of the Transaction Amount received on non-business days, on an upcoming business day. However, GimBooks Pay shall not be held liable for any delay in payout of the Transaction Amount through no act or omission that is directly attributable to GimBooks Pay.
GimBooks Pay may defer payout or restrict a Payee’s access to the Transaction Amount if GimBooks Pay needs to investigate or resolve any pending dispute related to User’s use of the Services. GimBooks Pay may also defer payout or restrict access to the Transaction Amount or cancel a Transaction and refund the Transaction Amount, as necessary to comply with applicable law or court order, or if requested by any governmental entity or the Service Providers. GimBooks Pay shall not be held liable for any delay in payout of the Transaction Amount in the foregoing instances.
Processing Errors
GimBooks Pay will attempt, on a best efforts basis, to fix processing errors it discovers. If the error resulted in Payee’s receipt of fewer funds than he/she was entitled, GimBooks Pay will credit his Account for the difference, subject to GimBooks Pay receiving the necessary funds and verifying such shortfall. If the error results in Payee’s receipt of more funds than he/she was entitled, GimBooks Pay will notify the Payee about such excess amount being credited and request the Payee to refund the extra funds to GimBooks Pay’s designated bank account or such other bank account as may be specified by GimBooks Pay. GimBooks Pay will only be able to attempt to correct Transactions that User processes incorrectly if he/she notifies GimBooks Pay of such an error before transaction getting processed from GimBooks Pay’s end. User’s failure to notify GimBooks Pay of a processing error forthwith will be deemed a waiver of any right to amounts owed to him.
Cancellation and Refund Policy
If a User has initiated a Transaction, the User cannot cancel the same once the Transaction has been initiated/ processed.
User is solely responsible to add the Payee bank account details on the Application and the User must ensure that the details entered in respect of the account name, account number, IFSC code, etc are correct. GimBooks Pay shall not be liable to check or validate the account details on behalf of the User. The User acknowledges that in case the User enters incorrect bank details, GimBooks Pay will not be responsible/liable to refund any amount to the User whatsoever. GimBooks Pay, the Service Providers and the Acquiring Banks will not be responsible in case the User initiates a wrong/incorrect transaction. Users shall have very well understood and acknowledge that payments when made into a bank account of the Payee are irreversible as the same falls under the personal jurisdiction of the said Person.
The User can raise a dispute/query in respect of a particular Transaction within a period of 3 (three) hours after initiation of such Transaction. Any dispute/query raised after 3 (three) hours will not be considered valid by GimBooks Pay and GimBooks Pay will not be liable to refund any amount in such a scenario.
In case the User claims a refund after the Transaction is settled, the User expressly agrees that such transactions cannot be rolled back and hence covenants to resolve this transaction with the Payee offline and inform GimBooks Pay on such resolution.
There shall be NO REFUNDS or REVERSAL of any kind for successfully initiated/processed Transactions; even where such transaction is effected or executed on account of any default or negligence of the User.
However, the User shall be fully refunded for any kind of debits on account of technical failure on the Application. In such a case, the User shall be refunded the entire amount, including the Convenience Fee (if any), without any demur into his account within 7 (seven) to 10 (ten) working days.
All refunds to the Users shall not entail any Chargeback of Convenience Fee and related taxes. In case of User violating any terms of the Terms & Conditions, GimBooks Pay reserves the right to hold back any payment which it feels as suspicious or invalid unless completely validated.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnity
User shall keep GimBooks Pay and the Acquiring Bank and Service Providers safe and harmless and indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against GimBooks Pay by another User/ Service Provider/ third party for reasons including, but not limited to (i) delivery, non-delivery or delay, deficiency or mistake in respect of the products purchased sold or services rendered; (ii) a breach, non-performance, non-compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made by him/her; (iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the User, or his/her employees, subcontractors and agents in performance of their obligations under these Terms & Condition; (iv) infringement of Intellectual property rights, privacy rights of third parties; (v) third party claims or suits; or (vi) disclosure of sensitive information by or through User.
Miscellaneous Terms
GimBooks Pay may change any fee or charge or institute new fees or charges and the Authorising Bank or any other Service Provider may charge an additional surcharge on a particular Transaction made by the User on a case-to-case basis. The User agrees to pay all fees and charges so levied. GimBooks Pay shall not be liable for specifying such additional surcharges charged by the Service Provider on the Application and may be charged by such Service Provider separately to the User.
GimBooks Pay shall not make any refunds of any amounts other than as agreed by these Terms & Conditions.
The User hereby accepts that he/she may, from time to time, receive from GimBooks Pay or its associates, communications such as service announcements, advertisements or administrative communications.
GimBooks Pay's sole obligation and User's sole and exclusive remedy in the event of interruption to the Services or loss of use and/or access to the Services, shall be to use all reasonable endeavors to restore the Services as soon as reasonably possible. In no event shall GimBooks Pay 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 Application to a third-party site is not an endorsement of that third-party site or platform. The use or browsing by a User of any other application shall be subject to the terms and conditions in each such application. GimBooks Pay does not endorse any advertiser or merchant linked to its Application. In case of any such endorsement, the User must verify all information provided by the merchants/ advertisers before arriving at his decision to purchase any product or service. 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 & Conditions.
GimBooks Pay shall not be liable for any unauthorized access to the User’s data or any unauthorized transmissions sent through the Services.
GimBooks Pay shall have the right, at its sole discretion, for any or no reason, and without notice to the User and without penalty, to: restrict or terminate a User’s access to its Services, Application or Website; modify or discontinue its Services, Application or Website or any part thereof; require a User to provide details in respect of any transactions and any other details as required by GimBooks Pay from time to time, without incurring any liability thereof.
The User shall not (whether on-line or otherwise) describe itself as agent or representative of GimBooks Pay or make any representations to any customer or any third party or give any warranties which may require GimBooks Pay 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. GimBooks Pay shall not be liable for any breach of these Terms & Conditions 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 GimBooks Pay. Additionally, GimBooks Pay will not be responsible or liable for any disruption to the ability of the User to utilize the Services on account of payment failures of the failure of any third party.
If any part of these Terms & Conditions 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 & Conditions shall continue in effect.
GimBooks Pay may assign or transfer its rights and obligations to any other party, with or without a notice to the User.
In case of any dispute between the parties on the interpretation or implementation of these Terms & Conditions, the appropriate court in Mumbai shall have exclusive jurisdiction. No failure or delay by GimBooks Pay in exercising any right, power or privilege shall operate as a waiver thereof.
Third-Party Websites and Content
The Services may contain (or you may be sent via the Site or App) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Prohibited Activities
You are prohibited from:
Using the App for any illegal or unauthorized purpose.
Sharing your login credentials with any third party.
Attempting to hack or gain unauthorized access to the App or our systems.
Engaging in any activity that may harm or disrupt the App or its users.
In case GimBooks Pay is intimated, by the Acquiring Bank or a card payment network or the regulatory authorities, that a User has reported an unauthorised debit of the User’s payment instrument (“Fraudulent Transaction”), then GimBooks Pay shall be entitled to suspend the settlement of the amount associated with the Fraudulent Transaction during the pendency of inquiries, investigations and resolution thereof by the Acquiring Bank or the card payment network.
In the event the Fraudulent Transaction results in a Chargeback, then the Chargeback shall be resolved in accordance with the provisions relating to Chargeback as set out under these Terms & Conditions.
If the amount in respect of a Fraudulent Transaction has already been settled to the User pursuant to these Terms & Conditions, any dispute arising in relation to the said Fraudulent Transaction, following settlement, shall be resolved by the payment providers and the Acquiring Banks in accordance with applicable laws.
Termination of Service
GimBooks Pay reserves the right to terminate your access to the App at any time for any reason, including, but not limited to, a violation of these Terms.
If either GimBooks Pay or Service Provider suspects, on reasonable grounds, that a User has committed a breach of these Terms or any other agreement with GimBooks Pay or any act of dishonesty or fraud against GimBooks Pay/ any Service Provider, GimBooks Pay shall be entitled to (a) suspend all payment under these Terms; (b) deactivate/ suspend the User Account and disable the User’s Password; and (c) terminate User’s access to the Application or the Services; pending enquiries by GimBooks Pay. User may cancel his User Account at any time by sending GimBooks Pay an email to that effect.
Governing Law and Dispute Resolution These Terms will be governed by and construed in accordance with the laws of India. Any dispute arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the courts of Raipur, India.
Amendments
GimBooks Pay reserves the right to amend these Terms & Conditions at any time without notice. You are advised to review the Terms periodically for any changes. Your continued use of the App after any amendments constitutes your acceptance of the revised Terms.
Contacting Us
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:
Email: You can contact us via email at support@gimbooks.com . Please feel free to send us an email with your queries, feedback, or requests, and we'll make sure to respond to you promptly.
Website: Alternatively, you can visit our website at https://www.gimbooks.com/gimbooks-pay/ for additional information, updates, and resources. Our website serves as a central hub where you can learn more about our services, company, and policies.
Feedback Form: We value your input and strive to continuously improve our services. If you prefer to provide feedback or submit inquiries through a form, you can do so by visiting the "Contact Us" page on our website. Simply fill out the form with your details and message, and we'll get back to you as soon as possible.
Social Media: Connect with us on social media platforms to stay updated on news, announcements, and events. You can find us on Facebook, Instagram and Linkedin. Feel free to send us direct messages or engage with our posts.
Customer Support: For immediate assistance or technical support related to our services, please reach out to our customer support team. You can find contact details for our support representatives on our website or within the app. We're committed to providing timely and effective support to address any issues you may encounter.
Privacy Concerns: If you have specific concerns about your privacy or the handling of your personal data, please don't hesitate to contact our privacy team. You can reach our privacy specialists by emailing support@gimbooks.com. Rest assured that your privacy-related inquiries will be handled with the utmost care and attention.
Office Address: If you prefer traditional correspondence or need to reach us by mail, you can send letters or packages to our office address:
GIM INFO SOLUTIONS PVT. LTD.
Address: 2nd Floor, House, 106/3, Avanti Vihar Rd, Geetanjali Nagar, Sector - 3, Shankar Nagar,
Raipur, 492001
Chhattisgarh, India.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy:
https://www.gimbooks.com/gimbooks-pay/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in India. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.
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