Terms of Use

Introduction and Terms of Use

The following terms and conditions ("TERMS OF USE") apply to your use of the website www.OneATM.in and any other linked pages, products, software(s), API keys, features, content, or application services (including but not limited to any mobile application services) offered from time to time by TAPIR SECURITIES PVT LTD hereby also referred to as OneATM("OneATM" or "WE" or "OUR" or "US") (collectively, "WEBSITE").

Any person logging on to or using the Website (even if such person does not use any of the Website's services ("SERVICES")) (hereinafter referred to as a "USER", "SELLER", "YOU" or "CLIENT") is presumed to have read these Terms of Use (which includes the Privacy Policy, which is separately posted on the Website) and unconditionally and irrevocably accepted the terms and conditions set forth herein (these Terms of Use). These Terms of Service, along with the other Policies (described below), form a legally binding and enforceable agreement between the User and OneATM. The terms and conditions of any other written agreement you may have with OneATM for other services are unaffected by these Terms of Use.

KYC Requirements

THE USER UNDERSTANDS AND UNCONDITIONALLY ACKNOWLEDGES THAT EVEN IF THE USER IS ALLOWED TO EXECUTE TRANSACTIONS ON THE OneATM PLATFORM, THE FUNDS WILL NOT BE SETTLED TO THE USER'S ACCOUNT PENDING COMPLETION OF KYC OBLIGATIONS ON THE USER'S PART IN ACCORDANCE WITH THE RBI'S KYC GUIDELINES (DEFINED BELOW). FURTHER, IF THE USER DOES NOT COMPLETE THE KYC OBLIGATIONS MENTIONED ABOVE, TO THE SATISFACTION OF OneATM, WE RESERVE THE RIGHT NOT TO RELEASE THE SETTLEMENT AMOUNTS TO THE USER AND MAY EVEN REVERSE THE FUNDS TO THE ACCOUNT FROM WHERE SUCH PAYMENT ORIGINATED.

Acceptance of Terms

Please read the terms and conditions carefully before agreeing to them. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please stop using the Website immediately. You can accept the Terms of Service by:

• Accepting or agreeing to the Terms of Use, where provided by OneATM in the User interface for any particular Service;
• Accessing, testing, or actually using the Services. In this case, you understand and agree that OneATM will treat your continued use of the Services as acceptance of the Terms of Use.

For the purposes of these Terms of Service, the term "User" shall mean and include any natural or legal person who has agreed to these Terms of Service on behalf of itself or any other legal entity, as the context requires. It is clarified that the Privacy Policy (which is provided separately) is an integral part of these Terms of Use and should be read in conjunction with them. The illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the Terms of Use's other provisions. To avoid ambiguity, if any of the provisions become void or unenforceable, the remainder of the provisions of these Terms of Use will be binding on the User.

We reserve the right, at our sole discretion, to revise or alter the Terms of Service at any time without prior notice to the User. The most recent Terms of Service will be posted here. Any changes made by OneATM will take effect immediately. By continuing to use this Website or to access the Services / use of our Services after changes have been made, you agree to be bound by the revised/amended Terms of Use, which shall supersede all other terms of use previously accepted by the User. You are solely responsible for understanding and adhering to all applicable laws in your jurisdiction, including, but not limited to, the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, the Payment and Settlement Systems Act, 2007, the Prevention of Money Laundering Act, 2002, the Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI (the "KYC GUIDELINES"), etc., that may be applicable to you.

Acknowledgment and Acceptance of Terms of Use

This Terms of Service Agreement ("Agreement") establishes the legally binding terms for your use of OneATM.com Services. If you do not agree with the changes, you have the option to cancel your membership with OneATM.com. When you use the OneATM.com Services after the modification has been posted for at least one month, you agree to be bound by any changes to this Agreement. As a result, it is critical that you review this Agreement on a regular basis to ensure that you are kept up to date on any changes.

"The Service" is provided to you, "The User," in accordance with the terms and conditions and any amendments thereto, as well as any operating rules or policies that OneATM.com may publish from time to time as part of the Terms of Use. By using the OneATM.com Services, you agree to be bound by this Agreement, regardless of whether you are a "Visitor" (meaning you simply browse the OneATM.com Websites) or a "Member" (which means that you have registered with OneATM.com). A Visitor or a Member is referred to as a "User." You may only use the OneATM.com Services if you agree to follow all applicable laws and this Agreement. The OneATM.com Terms of Service constitute the entire agreement between the User and OneATM.com and supersedes any prior agreements pertaining to the subject matter contained herein. YOU AGREE TO BE BOUND BY www.OneATM.com Terms of Use Agreement BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "SUBMIT" BUTTON. This Agreement is split into two sections. Part One of this document explains the terms that govern your use of the Services. Part Two includes additional legal terms, such as provisions limiting our liability to you and requiring individual arbitration for any potential legal dispute. You must accept all of the terms of this Agreement in order to use the Services.

1) Terms Governing Use of the Service

1.1 Definitions

For the purpose of this Agreement:

1. Acquiring Banks refers to various banks, financial institutions, Card Associations, and payment system providers as defined and licenced by the Payment and Settlement Systems Act of 2007.
2. The term Acquiring Bank Services refers to the payment gateway system and services provided by Acquiring Banks, such as I routing internet-based Valid Card transactions. (ii) provide a variety of internet-based services, including Net Banking. (iii) provide Card Associations or other third-party clearing houses with Authentication and Authorization. and (iv) provide settlement services for payment instructions initiated by customers.
3. Authentication refers to the process by which the Acquiring Banks validate the Customer's identification.
4. Authorization shall refer to the process by which the Issuing Institution and/or the relevant Card Association electronically or otherwise convey the approval of the charge (i.e. if the Customer has a Valid Card and/or the required credit limit/debit limit to pay the Customer Charge requested) on a Transaction undertaken by a Customer on your Website.
5. Business Days shall mean any day on which Acquiring Banks are open for business in India, other than Saturday, Sunday, and any days declared as Holidays by us and/or Acquiring Bank.
6. Card Association(s) Visa, MasterCard, Visa Electron, Maestro, Diners, American Express, or any other card association as specified by us from time to time.
7. Card Association Rules shall mean any Card Association's written rules, regulations, releases, guidelines, processes, interpretations, and other requirements (whether contractual or otherwise).
8. Chargeback shall mean reversal of the value of the Customer Charge with respect to any Transaction, including I alleged forgery of the card number/bank account or other details (ii) any charge/debit made on a card that has been listed as a hot listed card or otherwise listed on the Card Association warning bulletins (iii) duplicate processing of the transaction; or (iv) for other reasons as per applicable rules and guidelines issued by RBI, Card Associations, Ac Furthermore, it shall include any debit to OneATM's bank account to recover the value of the Customer Charge if you have insufficient funds in the Nodal Account and/or fail to pay for the same.
9. Completion of Transaction OneATM Transaction Completion or if OneATM requires Proof of Delivery.
10. Confidential Information shall mean "any and all written, oral, or other tangible or intangible form of information, discoveries, ideas, concepts, know-how (whether patentable or copyrightable or not), research, development, designs, drawings, blueprints, diagrams, models, samples, flow charts, data, computer programmes, discs, diskettes, tapes, algorithms, software programmes, marketing plans or techniques, technical, financial, or business information."within the framework of this Agreement or as a result of it Provided, however, that confidential information disclosed orally or through electronic media or any other intangible means shall be deemed confidential if it is identified as confidential and reduced in writing within (30) thirty days of the date of disclosure. Such writing must include the date, time, location, parties involved, and the nature of the confidential information disclosed.

Note: This is a partial list of definitions. The complete list includes 40 defined terms covering all aspects of the payment processing relationship.

1.2 Registration Obligations

As a condition of your use of "The Service" you, 'The User' agree to:

1. Provide true, accurate, up-to-date, and complete information about yourself as required by the Service's registration form (such data being the Registration Information).
2. Keep the Registration Information accurate, current, and complete by maintaining and promptly updating it. If you provide any information that is false, inaccurate, out of date, or incomplete, OneATM.com reserves the right to cancel your user account and refuse any and all current or future use of 'The Service.'
3. You will only create, maintain, and use one Member account and password on OneATM.com. You will not create multiple OneATM.com Member accounts and passwords for your use. OneATM.com has the right to use / disclose the aggregate registration information to third parties in connection with marketing of services. You have also consented OneATM.com the right to use your registration information to provide targeting of advertising and other service offers. This could be also be used to customise the content you see, to fulfill your requests for certain products and services and to contact / intimate you about special offers or new package.

Usage obligations as a condition of your use of "The Service" you will not use "The Service" for any illegal purposes. You will be solely responsible for the contents of transmissions made by you through "The Service". By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize OneATM.com to share such information with other user(s).

You agree not to use "The Service" to:

1. Obstruct or hinder the use and enjoyment of "The Service" by other Users.
2. Intentionally or unintentionally violate any applicable local, state, national, and international laws and regulations.
3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
4. Interfere with or disrupt the Service or servers or networks connected to the Service, or challenge any requirements, regulations or guidelines of networks connected to "The Service".
5. Transmit or otherwise make available any material in connection with surveys, chain letters, junk email, spamming, contests, pyramid schemes, or any duplicative or unsolicited messages (commercial or otherwise).
6. Upload, post, email, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another's privacy, caste related, ethnically or otherwise objectionable.
7. Upload, post, email, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same.
8. Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another.
9. "Stalk" or otherwise harass other users; collect or store personal data about other users.
10. Advertise, Promote or offer to sell or buy any goods or services for any business purpose unless The Service specifically allows such messages or transactions.
11. Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service.
12. Harm minors in any way.
13. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.

1.3 User Account, Password and Security

As part of The Service's registration process you will provide us with current, complete and accurate information as requested by the registration form. You will then choose a user name and password. You take total responsibility for maintaining the confidentiality of your password and account. You may change your password by following the instructions on the system. You agree not to use the account or password of another Member at any time or to disclose your password to any third party.

You are also entirely responsible for any and all activities that occur under your account. You agree to notify OneATM.com immediately of any unlawful / unauthorised use of your account or any other security violation. You agree to ensure that you exit from your account at the end of each session. You understand that OneATM.com will not be liable for any loss or damage in any form incurred as a result of unauthorised usage of your account, with or without your knowledge. However, you could be held liable for losses or damages incurred by OneATM.com or a third party as a result of your failure to comply with this clause. You also agree not to use anyone else's account, at any time, without the prior permission of the account holder.

1.4 Data Protection

OneATM.com is not responsible for any corruption or missing of data. Personal information supplied by user(s) during the use of web site is governed by our privacy policy. Please click here to know about our privacy policy. Registration Information and certain other information about you is subject to our Privacy Policy.

1.5 Approval and Registration to Avail OneATM Services

At the time of registration you are required to disclose the exact business category/business sub-category for which you will be using the OneATM Services and only avail the OneATM Services through your designated Merchant Site. You understand and acknowledge that in order to use the OneATM Services for any other purpose, you shall notify OneATM in writing of such change and such change will be subject to approval by OneATM. In order to avail the OneATM Services and Acquiring Bank Services, you must be approved by and registered with OneATM, the Acquiring Banks and Nodal Bank. Any undertaking with respect to the OneATM Services under this Agreement shall be subject to OneATM's, the Acquiring Banks' and Nodal Bank's approval and completion of the registration process. By accepting the terms of this Agreement, you agree to provide OneATM with all such documents as required by OneATM to register you with OneATM, the Acquiring Banks and Nodal Bank. You authorize OneATM to request for supplemental documentation at any time (before or after your OneATM Account has been activated), in order to verify your identity, the accuracy of the information provided, legitimacy of your business, and/or your Customers, including a Customer report that contains your name and address, etc. If we cannot verify that this information is accurate and complete, we may deny your use of the Services, or close your OneATM Account at any time.

You further understand and acknowledge that OneATM, the Acquiring Banks and Nodal Bank have the right to withdraw their approval/consent at any time prior to or after commencement of the OneATM Services.

1.6 Our Relationship with You

OneATM facilitates individuals and legal entities in accepting payments initiated by their customers on their website or mobile application directed to the OneATM Site or through using Valid Cards, Net Banking and various other acceptable modes of Payment Mechanism provided by OneATM.

OneATM is a software application ("Software Application") and established a OneATM website. OneATM will act as an intermediary, by creating a link between the Merchant Site and the respective Acquiring Banks by means of the Software Application and OneATM website, for enabling the Customers to make payment of Customer Charge on the Merchant website for the Transactions carried, using Acquiring Bank's Services ("Internet Payment Gateway"). In order to serve in this role, we have entered into agreements with various Acquiring Banks, Nodal Bank, financial institutions, Card Associations and other software providers who are in the business of providing information technology services, including but not limited to, internet based electronic commerce, internet payment gateway and electronic software distribution services, to enable use of internet payment gateways developed by them, to (i) route internet based Valid Card Transactions; (ii) offer various facilities through the internet, including net banking facilities; (iii) provide Authorization from Card Associations or other third party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the Buyers.

These Transactions are between you and your Customers and we are only acting as an intermediary. We are NOT (i) a payment System Provider as defined under the Payment and Settlement Systems Act, 2007,(ii) a banking company as defined under the Banking Regulation Act, 1949 or (iii) a non-banking financial company as defined by the Reserve Bank of India Act, 1938.

The relationship between OneATM and you is on principal-to-principal basis. Nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between us hereto or any affiliates or subsidiaries thereof or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party. OneATM has no connection or interest of whatsoever nature in your business or the Products offered/ marketed on the Merchant Site. OneATM shall provide OneATM Services to you, as an independent entity and under the terms and conditions of this Agreement. OneATM has no relationship with the Customers and all actions under this Agreement, which may affect the Customers instructed by you. You alone shall be responsible to the Customers and neither OneATM nor the Acquiring Bank or anybody connected to OneATM or Acquiring Bank shall have any responsibility or liability towards the Customers and you shall keep OneATM and Acquiring Bank fully indemnified for all times to come in this respect.

Additional Sections

The complete Terms of Use document includes additional important sections covering:

• Connectivity and Integrity of Hotlink
• Authorization and Authentication of Transaction
• IT Act, 2000 Compliance
• User Authorization
• Fees and Payment Terms
• Terms of Payment to Merchant
• Reserve Funds
• Chargebacks
• EMI Offerings
• Delivery Policies
• Refunds and Returns Policy
• Customer Support
• Merchant Risk Assessment
• Security Deposit as Reserve
• Inspection Rights
• User Responsibilities
• Privacy
• Disclosures and Notices
• Termination Conditions
• Prohibited Products List
• Representations and Warranties
• Licensing Terms
• Intellectual Property Rights
• Confidentiality
• Indemnity
• Limitation of Liability
• Assignments
• Force Majeure
• Governing Law and Dispute Resolution
• Waiver
• Survival of Provisions
• Severability
• Entire Agreement
• Notices
• Amendment
• Counterparts

2. Prohibited Product List

2.1 Prohibited Items

The Customer assures, undertakes and guarantees that the following products and services shall not be sold on the Customer's Website and / or no transactions shall be processed through the Payment Gateway Facilities herein by OneATM for following Products and Services:

1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
2. Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
3. Body parts which includes organs or other body parts.
4. Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (Spam).
5. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
6. Child pornography which includes pornographic materials involving minors.
7. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.
8. Copyrighted media, which includes unauthorized copies of books, music, movies, and other licensed or protected materials.
9. Copyrighted software, which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
10. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods.
11. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
12. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
13. Endangered species, which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
14. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.
15. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.

Note: This is a partial list of prohibited items. The complete list includes 33 categories of prohibited products and services.

3. Additional Legal Terms

3.1 Representations and Warranties

You represent and warrant to us that:

1. You are at least 18 (eighteen) years of age.
2. You are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement.
3. The name identified by you when you registered is your name or business name under which you sell the Products.
4. You are duly organized and validly existing under the laws of the jurisdiction in which you are established.
5. Your obligations hereunder constitute legal, valid, binding and enforceable obligations.
6. The execution and delivery of this Agreement and the consummation of the Transactions contemplated herein do not breach its organisational documents or any law, provisions of any contract or order of court applicable to it and do not require any applicable governmental approval.
7. Any sales Transaction submitted by you will represent a bona fide sale by you.
8. Any sales Transactions submitted by you will accurately describe the Products sold and delivered to Customers.
9. You will fulfil all of your obligations to each Customer for which you submit a Transaction and will resolve any consumer dispute or complaint directly with the Customers.
10. Except in the ordinary course of business, no sales Transaction submitted by you through the Services will represent a sale to any principal, partner, proprietor, or owner of your entity.
11. You will not use OneATM Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of OneATM Services.
12. Your use of OneATM Services will be in compliance with this Agreement.

3.2 Your License

We grant you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense or assign, to electronically access and use OneATM Services solely to:

1. Receive and accept or make Payments, and
2. Manage the funds you so receive or paid

You will be entitled to download updates to OneATM Services, subject to any additional terms made known to you at the time, when we makes these updates available. We will use reasonable endeavours to give you prior notice of any down-time in relation to OneATM Services as a result of updates or preventative or reactive maintenance of our Services. You also acknowledge that the arrangement between one or more Acquiring Banks and us may terminate at any time and services by such Acquiring Banks may be withdrawn.

While we want you to enjoy OneATM Services, you may not, permit any third party to do any of the following:

1. Access or monitor any material or information on any OneATM system using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with us referencing this Clause that expressly grants you an exception to this prohibition.
2. Copy, reproduce, alter, modify, dismantle, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from OneATM.
3. Permit any third party to use and benefit from OneATM Services via a rental, lease, timesharing, service bureau or other arrangement.
4. Transfer any rights granted to you under this Agreement.
5. Violate the restrictions in any robot exclusion headers on OneATM Services, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble, decode or attempt to decode or reverse engineer the Services or to in any way override or break down any protection system integrated into the Services.
6. Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other users, or impose an unreasonable or disproportionately large load on our infrastructure.
7. Create a derivative software program, or
8. Otherwise use the Services except as expressly allowed under this Agreement.

Contact Information

Any complaints or concerns regarding your Personal Information or the content of this Website, or any dispute or breach of confidentiality, or any proprietary rights of User during use of the Website, or any intellectual property of any User, should be immediately reported in writing to the Grievance cum Nodal Officer at the co-ordinates listed below, or by raising a grievance ticket via the hyperlink listed below: