Terms and Conditions

DEFINITIONS

1.“Lavi Software & Technology Pvt. Ltd.” o will mean Variant Pay "variantpay.com" a private company registered under the Companies Act 1956 having registered address at Address: C-23, Sector 63, Noida, Uttar Pradesh 201301;
2. “Card Member” or “Member” means a person holding a Valid Card and making payment using a Valid Card;
3. “Card Organization” includes VISA, MasterCard, Rupay ( Variant PayCI) and any other card organization as acceptable to Variant Pay presently or in future, offering cred debit or any other card program to Issuers.
4. “Cash @PoS”/ “Cash Withdrawal at PoS” is payment of cash by the Variant Pay Retailer to the card member as per RBI guidelines circulated from time t
5. “Card” means a credit/debit card or a Prepaid wallet Bank under a Card Program which will function as
a. an ATM card requiring a PIN to validate Cardholder’s identity for access to ATMs,
b. a debit/prepaid card which may be used at merchant locations that are equipped to accept PIN based cards, and
c. as a debit/prepaid card which will function on either the VISA or MasterCard or Rupay payment networks.
d. E Wallet/ M Wallet or such other prepaid Payment Instrument covered under Reserve Bank of India (RBI) guidelines
6. “Cardholders” will mean holders of valid Cards;
7. “Issuer” means any organization(s) issuing a Card, Wallet or any kind of Prepaid Instrument
8. “POS” a device (including PSTN terminals, GPRS terminals and MPOS) which accepts Card data for payments;
9. “Law” will include all applicable statutes, enactments, acts of legislature, laws, ordinances, rules, bye-laws, regulations, guidelines, directions, directive and orders of any government, tribunal, board, court or recognized stock exchange and applicable international treaties and regulations, in force at the relevant time, and having the force of law;
10. “Licensed Rights” will mean the distinguishing characteristics of the System include, without limitation, the names and marks together with such othe trademarks, service marks, trade symbols, emblems, designs, slogans, insignia and copyrights as Variant Pay has or may hereafter acquire or develop and designate for use in connection with the System.
11. “ Variant Pay Wallet” is a prepaid instrument issued by Variant Pay in partnership with a Bank
12. “Wallet holders” will mean holders of Variant Pay/Third Party wallets
13. “ Variant Pay” or “System” will mean the payment solution that provides the Suite of Services (as defined below);
14. “ Variant Pay Retailer” will mean the merchant, agent and/or Business Correspondent who has licensed the use of the application and pursuant to these terms and conditions provides Variant Pay Services at his/her premises( Variant Pay Retailer Outlet);
15. “ Variant Pay Services” will mean the set of services offered by the Variant Pay System;
16. “Suite of Services” will mean the suite of services forming part of the System. This suite of services may be updated from time to time by Variant Pay with prom notification to the Variant Pay Retailer;
17. “ Variant Pay Retailer Outlet” will mean the premises of operation of the Variant Pay Retailer
18. “ Variant Pay Retailer Guidelines” will mean the guidelines, terms of use, manuals and or instructions furnished by Variant Pay and/or the partners of Variant Pay from ti to time
19. “Partners” will mean the entities that Variant Pay partners with for the provision of the Variant Pay Services
20. “Payment Instruments” will mean all types of modes of payment such as Variant Pay Wallet, Credit Cards, Debit Cards, or any type of Prepaid Instrument 21. “RBI” will mean the Reserve Bank of India as established by the Reserve Bank of India Act,1934.

SUITE OF SERVICES

1. The Variant Pay Services offered by the Variant Pay Retailer are as set out in the document specific to each Variant Pay Retailer.
2. The nature of services may be added/ modified based on market needs.

COMMISSION & CHARGES

1. The details of the commission payable to the Variant Pay Retailer and charges due for services will be provided through a separate letter. Any change in th commission details will be communicated by way of the System or a separate letter.
2. Where commissions are due, Variant Pay will withhold applicable taxes and pay the balance to the Variant Pay Retailer.

LEGAL AND REGULATORY COMPLIANCE

1. Variant Pay grants to the Variant Pay Retailer a non-exclusive license to use the Variant Pay System to operate and deliver the Suite of Services.
2. The Variant Pay Retailer will operate the System and his operations as a Business Correspondent in compliance with relevant Law, including but not limit to the relevant rules and regulations as prescribed by RBI (as amended from time to time).

COMPLIANCE OF TERMS OF USE

In addition to the obligations set out elsewhere in this Agreement, the Variant Pay Retailer undertakes to operate the System and its operations at the Variant Pay Retailer Outlet in accordance with the Variant Pay Retailer Guidelines.

STIPULATIONS OF USE

Variant Pay will PROVIDE:
1. Such assistance, training and services as Variant Pay, in its discretion, determines what is required by the Variant Pay Retailer including assistance by way of planning and implementation of market development and promotional programs, in the manner it so chooses. The Variant Pay Retailer understands that such training and services may require payment of fees as may be separately communicated.
2. Such other resources and assistance as may hereinafter be developed and offered by Variant Pay to its other outlets/transaction points, if any;

Licensed Rights

1. A sign board using the Licensed Rights for displaying outside the shop in a prominent manner and a set of customer information display material for display outside and inside the store;
2. The use of literature, brochures and basic technical data and training aids as may be deemed fit and revised by Variant Pay from time to time;

AUDIT AND INSPECTION

1. Both Parties recognize and acknowledge that the maintenance of proper records of the transactions carried out by a Variant Pay Retailer and onsite inspection of a Variant Pay Retailer’s premises and records are prerequisites towards obtaining approval for appointment of Variant Pay Retailers by Variant Pay Partners.
2. Variant Pay, its Partners or any other person on behalf of Variant Pay may conduct an on-site inspection of the Variant Pay Retailer Outlet, at any time. The Variant Pay Retailer undertakes to maintain up to date, accurate and true records and required registers in compliance with applicable Law and Variant Pay Retailer Guideline

USAGE OF MOBILE NUMBER, COMMUNICATIONS RELATED TO USAGE & CONSENT

1. Variant Pay may send transaction information, transaction confirmation information, Services related information, Company information or promotional information or any such other information relevant for the transaction via SMS, internet-based messaging applications like WhatsApp, Voice call and email any other alternate communication detail provided by the user.
2. The user hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email any other mode by Variant Pay are: a. upon the request and authorization of the user; b. 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and c. in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
3. Variant Pay Retailers may upload information relating to transactions with customers, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Variant Pay Systems (such information is referred to as “Transaction Information”). Transaction Information may be exchanged between Variant Pay Retailer and customers through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Variant Pay Retailers and customers provided on Variant Pay Systems.

UNDERTAKINGS

Variant Pay as follows:
1. to operate the System and its operations at the Variant Pay Retailer Outlet in accordance with applicable Law and the Variant Pay Retailer Guidelines to the Variant Pay Retailer Outlet open and operating for the time period as stipulated by the relevant laws.
2. to observe such requirements with respect to use of Variant Pay and Variant Pay’s Licensed Rights. The Variant Pay Retailer will always and unequivocally mention a state that the Variant Pay Retailer is a retailer of the System.
3. to authorize Variant Pay to raise invoices on its behalf.
4. to deduct the Merchant Discount Rates (as agreed with Variant Pay) when making the final settlement to Variant Pay Retailer‘s wallet and or Bank Account as communicated by the retailer
5. to ensure security of cash maintained at the Variant Pay Retailer Outlet that will be used in the course of operations.
6. to not deviate in any manner from the plans and specifications stipulated by Variant Pay.
7. to conduct all transactions in Indian Rupees unless otherwise agreed.

Card specific Undertakings

1. to honor and accept every valid Card when properly presented for payment for a transaction. The Variant Pay Retailer will not engage in acceptance or practices that discriminate against, or discourage the use of any valid Card in favor of any other Card or any other payment mode. The Variant Pay Retail will not, of his own accord, levy any charges on the holder of any of the above mentioned payment instruments for permitting the customer to use a valid payment instrument. The Variant Pay Retailer will not place any minimum transaction limit for using a valid Card unless specified by Variant Pay.
2. To conduct the transaction such that after ensuring that the instrument is a valid Card instrument , swipe the card on the PoS terminal or enter the data of the prepaid instrument on the Variant Pay app and enter the details of the transaction as displayed and ensure that applicable Reserve Bank of India guidelines are followed. Where relevant, the Variant Pay Retailer will ensure entering of PIN by the payment instrument holder and to ensure that while entering of PIN sufficient privacy is given to the payment instrument holder.
3. To make best efforts to recover and retain any card
a. in respect of which a request has been made by a Card Organization to recover the card; or
b. which the Variant Pay Retailer has sufficient and reasonable grounds to believe to be counterfeit, fraudulent or stolen.
4. to promptly notify Variant Pay of any such recovery and retention and deliver the card so recovered to Variant Pay/ Card Organization within 24 (Twenty-Four) hours of such recovery and retention.
5. to permit Variant Pay through its banking Partner for installation of the PoS terminal/device at his premises and for de-installation of the PoS terminal in case of de-boarding at the registered address herewith. Prior to such installation, the details of the locations will be provided by Variant Pay in writing to the relevant Partner.
6. to under no circumstances, adopt unethical transaction practices such as doing transactions with his own card, doing transactions without a valid purchase etc.
7. to under no circumstances, shift the equipment from its designated location without prior consent of Variant Pay.
8. To immediately notify Variant Pay about any changes in the contact details like address, phone /mobile number, email id etc., for updating in Variant Pay’s records. Variant Pay w ant be responsible for any loss to the Variant Pay Retailer due to non-informing Variant Pay for any change in communication details.
9. To ensure that authorization in respect of charges will be obtained by swiping/dipping the valid Card using the PoS terminal (online authorization) provided /or by Variant Pay using the number of prepaid instruments in case of Variant Pay Wallet as approved by Variant Pay. If the Variant Pay Retailer accepts charges with authorization/printing of chargte slip, neither Variant Pay nor the relevant Partner will be responsible for such charges or any part thereof.
10. To, under no circumstances, split the swipe/transaction amount for a single purchase into 2(Two) or more transactions/charge slips.
11. By presentation of the Charge Slip(s) (or its equivalent electronic version), the Variant Pay Retailer represents and warrants that:
1. No other Charge Slip has been or will be issued or presented in respect of the same transaction.
2. The relevant Charge Slip represents a genuine business Transaction undertaken by a Card Member using a valid card.
12. To ensure that in case of unsettled (open) transactions, Variant Pay Retailer will settle the transactions at the end of the day+1. Non settlement of transactions for more than 3 days from the date of transaction attracts a penalty of 0.50% over and above the agreed MDR payable in terms of VISA/MasterCard/Rupay guidelines or Rs.500/- whichever is higher. It is also understood that such penalties may be changed, with or without prior notice as per regulatory/Card association guidelines from time to time.
13. To settle the transaction in any case before 7 days failing which Variant Pay Retailer loses the claim on the unsettled amount. In case the Variant Pay Retailer unable to settle the transaction due to software/ hardware issues, he needs to log a complaint with Variant Pay within one hour of any such complaints.
14. To understand the period of unsettled transactions and interchange are subject to change as per Card Organization/Bank/RBI/Rupay/ Variant Pay merchant Services etc. and will be notified to the Variant Pay Retailer from time to time.

Licensed Rights

1. To not at any time or in any manner misuse or use the Licensed Rights contrary to the specifications of use.
2. To cooperate with Variant Pay in preventing infringement of the System and the Licensed Rights including taking such action as may be necessary in defense.
3. To not have or acquire any right or interest of any kind in, or in any part of, the Licensed Rights of Lavi Software & Technology Pvt. Ltd. or Variant Pay used or applied by the Variant Pay Retail under the provisions of this Agreement.

ACCEPTANCE OF CHARGES WITH RECOURSE-CHARGEBACKS

The Variant Pay Retailer agrees that any charges accepted by itself, which proves to be uncollectible, and which were incurred in any of the following circumstances will be the exclusive financial responsibility of Variant Pay Retailer. The Variant Pay Retailer agrees to the non-payment of such charges or the chargeback debit of such uncollectable charges (as the case may be) by Variant Pay, without any demur or protest:
1. Any charge which is not a valid charge and/or which is made by a payment instrument, which is not a valid instrument at the time of incurring of the charge by the holder.
2. Any charge incurred outside the territory authorized for the use of a valid Payment Instrument
3. Any charge incurred involving the forgery of the Card holder signature/Wallet Holder PIN on the Charge Slip/ Variant Pay Application and/ or where Variant Pay or its Bank reasonably believes the transaction to be irregular and/ or fraudulent.
4. Any charges for merchandising or services in an amount in excess of the advertised price.
5. The Payment Instrument presented to the Variant Pay in respect of the transaction was listed in a warning list or any other communication or advice from time to time.
6. Any charges with respect to which a Payment Instrument holder refuses to pay because the merchandising or services purchased from Variant Pay were n delivered or are not as promised or the merchandise was defective or services deficient in any respect subject to VISA/MasterCard/Rupay/ Variant Pay Dispute Resolution Rules.
7. Charges which the Card Organization/ Variant Pay disputes or reports as a retrieval request/fraud/chargeback.
8. There is a violation of the terms and conditions in relation to a transaction or any Variant Pay Retailer operating instructions/guidelines.
9. Change of business activity/ business name/ business location without informing Variant Pay

TERMINATION

1. If, at any time, Variant Pay determines that the Variant Pay Retailer has not complied or conformed to the terms herein, Variant Pay will, upon giving the Variant Pay Retailer fifteen (15) days’ prior written notice to remedy / rectify the same, may direct the Variant Pay Retailer to suspend operations and use of the System.
2. In the event, the Variant Pay Retailer does not comply, Variant Pay will have the right to obtain an injunction from a Court of competent authority against such continuing non-compliance, non-conforming with and/or operation of the Variant Pay Retailer Outlet and the Variant Pay Retailer hereby consents, and will not object, to any such injunction proceedings, if any, initiated by Variant Pay.
3. Notwithstanding the grounds set out in clause IX above; the occurrence of any of the following events will constitute a default by the Variant Pay Retailer under this Agreement:

1. If the Variant Pay Retailer misuses/misrepresents the System or any of the Licensed Rights of Variant Pay or otherwise impairs the goodwill associated therewith or Variant Pay’s rights or interests therein.
2. If the Variant Pay Retailer allows the operation of any other Business Correspondent or any other competing business of Variant Pay in the same outlet as committed for the Variant Pay Retailer
3. If the Variant Pay Retailer fails to remit any payment or part thereof when due to Variant Pay.
4. If the Variant Pay Retailer assigns or allows any unauthorized persons to operate the System.
5. If the Variant Pay Retailer will be in default under any lease or sublease of the Variant Pay Retailer Outlets’ site / premises or loses the right to possession thereof for any reason whatsoever.
6. If the Variant Pay Retailer makes, or has made, any misrepresentation to Variant Pay in connection with this Agreement or in conducting the business licensed hereunder.
7. If the Variant Pay Retailer defaults in performance of any other obligation under this Agreement.
8. If the Variant Pay Retailer Outlets ceases operations, without the written consent of Variant Pay, for any reason for a period of more than seven days except as a result of Act of God.
9. If the Variant Pay Retailer, or any other person controlling, controlled by, or under common control with the Variant Pay Retailer, will be adjudged in solve or tried or convicted under any Law
4. Upon the occurrence of any the events set forth in Clause VI c. above, Variant Pay may, without prejudice to any other rights or remedies contained in this Agreement or provided by law or equity, terminate this Agreement. Such termination will become effective after written notice is given by Variant Pay to the Variant Pay Retailer.
5. Notwithstanding anything contained in this Agreement, the Variant Pay Retailer will be entitled to terminate this Agreement by giving to Variant Pay not less than thirty (30) days’ prior notice in writing of its intention to do so and the cause for which the termination is occurring. At any time, Variant Pay reserves the right to waive such notice period.
6. Upon giving the notice of termination, as set out in Clauses VI a. or c. above, or upon termination of this Agreement for any reason, or upon expiration o the term hereof the Variant Pay Retailer agrees as follows.
1. To immediately cease to carry out all the Variant Pay business platform transactions.
2. To forthwith cease and desist from using the System and the Licensed Rights or other rights & procedures or methods of Variant Pay or similar thereto,
3. To return all material in relation to the Licensed Rights, all information including operational manuals, data, instructions, literature, directions, and other manuals, plans and specifications, designs, records, samples, models, programs, handbooks, or drawings touching or concerning Variant Pay’s operations or business, without retaining any copies by the Variant Pay Retailer;
4. To cease and forthwith desist from holding itself in any way as a Variant Pay Retailer of Variant Pay or to show anything which would indicate any relationship between it and Variant Pay.
5. To permit Variant Pay’s representatives/agents/employees to enter the Variant Pay Retailer’s premises and to remove or permanently cover all signs or advertisements or effects identifiable in any way to Variant Pay’s name or image.

CONFIDENTIALITY

The Variant Pay Retailer acknowledges that during the pendency of this Agreement, it will have access to proprietary information and trade secrets and or information concerning the business or financial affairs of Variant Pay and or of Variant Pay’s Partners (the “Confidential Information”). The Variant Pay Retailer agrees a undertakes to treat the Confidential Information as strictly secret and confidential and the Variant Pay Retailer will, not without Variant Pay’s prior written consent disclose or divulge the same or any part thereof to any person or otherwise make any use of the same. This confidentiality covenant will survive the termination of this Agreement without any limit in point of time.

ASSIGNMENT

1. The Variant Pay Retailer understands and agrees that Variant Pay retains the right to transfer all assets, including the technology, in relation to the System to any party it so deems fit (the “Transferee”) and upon such transfer, the obligations, rights and duties owed by the Variant Pay Retailer towards Variant Pay pursuant this Agreement will stand transferred to the Transferee. For the avoidance of doubt, it is clarified that upon such transfer being effective, the relationship between the Variant Pay Retailer and Variant Pay will stand terminated.
2. The Variant Pay Retailer understands and agrees that the responsibilities, rights, obligations and interests accruing to him pursuant to this Agreement are not transferable.

INDEMNITY

The Variant Pay Retailer hereby agrees to indemnify Variant Pay, and keep Variant Pay indemnified and hold Variant Pay harmless against all damages: actions, proceedings, costs and expenses incurred by Variant Pay as a result of, or in consequence of, arising from, or otherwise connected with any default, failure or non-compliance or contravention by the Variant Pay Retailer, in relation to the System (including maintenance and operation of the Variant Pay Retailer Outlets by the Variant Pay Retailer) and or the Licensed Rights. In addition, the Variant Pay Retailer will indemnify (and not hold Variant Pay or its Bank responsible), and hereby keeps Variant Pay and the Bank indemnified and harmless from and against any claims, Chargebacks, demand, action, suits or proceeding, liabilities, losses, costs, expenses, taxes, legal fees, fines, penalties or damages asserted against or incurred or suffered by Variant Pay or his Bank on account of acts or omissions of Variant Pay Retailer in connection with the sale of goods and/or services (by Variant Pay Retailer), the performance of this Agreement, breach of a contract or duty by Variant Pay Retailer , mis of the PoS terminal/ Variant Pay Application or any other device provided/approved by Variant Pay, Variant Pay Retailer’s failure to observe any of the procedures, requirements or obligations to be complied with in accordance with the Rules/ by-laws or regulations of any Card Schemes/RBI, negligence or fraud of any employee/servant/contractor etc. of Variant Pay Retailer, any of the representations or warranties of Variant Pay Retailer becoming false or untrue or on account of any dispute of Variant Pay Retailer with any customer or other third party. Variant Pay Retailer and not Variant Pay or its Bank will be responsible for the payment of any non-compliance fines or other penalties resulting from non- completion or non-compliance of the PCIDSS validation program or any other security standards as laid

CHEQUE CASHING, CASH ADVANCES AND/OR CASH REFUNDS

1. Variant Pay Retailer will not allow or make any cash advances and/or cash refunds directly to the Card Members/Wallet Holders and further that Variant Pay its Bank will not be responsible or held liable for such actions except for making transactions under Cash at PoS
2. Cash @ PoS: Disbursement of cash to the maximum limit prescribed by RBI under the Cash @ PoS scheme at identified Variant Pay Retailer Outlets. Variant Pay Retailer needs to accept the terms and conditions under for doing the same.

TENOR

This Agreement will come into force from the date of this Agreement and remain in force for a period of 1 (One) year. Variant Pay may, however reappoint or ren based on business performance, by issuing a renewal letter signed by an authorized representative of Variant Pay, before expiry of the agreement. If the Variant Pay Retailer wishes to renew his, you will be required to comply with the terms and conditions as will be made available on the renewal application

NOTICE

All notices required to be provided for by or under this Agreement will be given in writing by prepaid registered post, or by hand or courier or by register mail and will be forwarded to Variant Pay or the Variant Pay Retailer at the addresses set out below unless other address has been specified by a party hereto by written notice thereof to the other party. To Lavi Software & Technology Pvt. Ltd., C-23, Sector 63, Noida, Uttar Pradesh 201301 To Variant Pay Retailer To the Address as available on the records of Variant Pay

LIABILITY

Variant Pay will not be liable for any errors, misrepresentations or false entries by the Variant Pay Retailer with respect to the System. Variant Pay is not liable in case of loss of cash from the Variant Pay Retailer Outlet.

LIMITATION OF LIABILITY

Under no circumstances will Variant Pay, its officers or directors be liable to the Variant Pay Retailer or anyone else for any loss or injury or any direct, indirect, or other consequential damages arising out of or in connection with the use of the System, and the operations as a Variant Pay Retailer. Without limiting the generality of the foregoing, Variant Pay’s total aggregate liability arising from or related to your operations as a Variant Pay Retailer whether in contract or tort will not exceed Rs.1000/- (Rupees One Thousand only).

GOVERNING LAW AND JURISDICTION

This Agreement is governed by and will be construed in accordance with the laws in force in India and the Courts at Noida Uttar Pradesh, India will have exclusive jurisdiction to try disputes arising under this Agreement. Each Party waives any right it has to object to an action being brought in those courts including by claiming that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction

EXTRACT OF MOBILE APPLICATION END USER LICENSE AGREEMENT- Version 1.0

Please see below an extract of EULA- Version 1.0.

In case of any discrepancy between this extract and the version of the EULA as displayed on the application, the latter will prevail over this extract. PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE CLICKING THE “ACCEPT” BUTTON, DOWNLOADING OR USIN THE MOBILE APPLICATION (“APPLICATION”) ACCOMPANYING THIS LICENSE. BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY TERMS OF THIS AGREEMENT. IF YOU DON’T AGREE WITH THE TERMS OF THE AGREEMENT, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD THE APPLICATION. The Agreement is in addition to any other written agreement, contract, communication or arrangement that has been/will be entered into or executed between the Company and yourself (collectively the “Master Agreement”). The Master Agreement will contain detailed provisions with respect to the rights and obligations of both the parties as well as the guide to use the Application. In case of any conflict between the provisions of this Agreement an the provisions of the Master Agreement, the provisions of the Master Agreement will prevail over this Agreement and the same will be binding on both the parties.

GENERAL

The Application is licensed, not sold, to you by Variant Pay (Lavi Software & Technology Pvt. Ltd.), a company incorporated under the provisions of the Companies Act, 1956 and has its registered office at C-23, Sector 63, Noida, Uttar Pradesh 201301 (the “Company”) for use strictly in accordance with the terms and conditions of this Agreement.

LICENSE GRANT

The Company grants you a revocable, non-exclusive, non-transferrable, limited right to install and use the Application on a mobile telephone or other device controlled by you (a “Mobile Device”), and to access and use the Services on such Mobile Device strictly in accordance with the terms and conditions of this Agreement.

CONSENT TO USE OF DATA

You agree that Company may collect and use data and related information, including but not limited to information about and on your Mobile Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. The Company may also use this data, in any matter it deems fit, to improve any of its products, service or technologies. Further, Variant Pay may send transaction information, transaction confirmation information, services related information, Company information or promotion information or any such other information relevant for the transaction via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail any other alternate communication detail provided by the user. The user hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email any other mode by Variant Pay are: a. upon the request and authorization of the user. b. 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and c. in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

RESTRICTION ON USE

You will use the Application strictly in accordance with the terms and conditions of the Agreement and will not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Application; (d) remove or alter any proprietary information of the Company or affiliates, partners, suppliers; (e) use the Application for revenue generating endeavor commercial enterprise or any other purpose of which the Application is not designed or intended; (f) make the application available over a network or other environment permitted access or use by multiple Mobile Devices or users at the same time; (g) use the Application for creating a product, service software that is, directly or indirectly, competitive with or in any way substitute for any services, product or software offered by the Company; (h) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail.

PROPRIETARY RIGHTS

The Application is licensed, not sold to you. You acknowledge and understand that the Company owns all right, title and interest in and to the Application including without limitation all intellectual property rights therein. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Application as downloaded by you.All rights in the third party software, including all ownership rights are reserved and remain with such third parties. You agree that such third parties may enforce their rights against you directly in their own name. The Company is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to your use of any third party software.

THIRD PARTY BENEFICIARIES

Please note that when accessing the Application, you may also be subject to the terms of use of other third parties. You acknowledge that third party application marketplaces (including but not limited to the Apple App Store, the Google Android Marketplace, the Microsoft Windows Phone 7 Marketplace) may be third party beneficiaries of this Agreement and upon your acceptance of this Agreement such stores or marketplaces may have the right to enforce this Agreement against you as a third party beneficiary . You further acknowledge and agree that such parties are not parties to this Agreement other than as third-party beneficiaries and are not responsible for providing maintenance and support services with respect to the Application.

CHANGES

The Company reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes to this Agreement will be effective immediately for new users and thirty (30) days after due notification for current users. Registered users are encouraged to review this Agreement periodically for changes. If you do not wish to accept any change, please uninstall and discontinue using the Application. Your continued use of the Application following the thirty (30) day notice period constitutes your acceptance of those changes.

SECURITY

The information that the Application collects may be stored locally on your Mobile Device and may be transmitted to our servers in India and other countries where the Company, its affiliates or any of their service providers operate. The transmission of information over wireless and wired networks I not inherently secure. The Company uses many tools to help protect your personal information against unauthorized access and disclosure. However, do not guarantee that your personal information or private communications will always remain private when using the Application.

TERM AND TERMINATION

The Agreement is effective for an indefinite period of time, until the Company terminates it, or until you provide notice to the Company your decision to terminate it. Your rights under this Agreement will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement. The Company reserves the discretionary right to suspend, discontinue, enhance, update or otherwise modify the Application, or its availability to you, at any time without notice. Upon termination of the license to the Application, you will cease all use of the Application.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.

The application is provided on an “as is” basis, without warranty of any kind. to the maximum extent permitted by applicable law, the company disclaim all warranties, express, implied, statutory or otherwise, including but not limited to implied warranties of fitness for a particular purpose, merchantability title, quality, and non-infringement. the company expressly disclaims any warranties of any kind with respect to the accuracy, validity, or completeness any information or features available through the service, or the quality or consistency of the service.

LIMITATION OF LIABILITY

Under no circumstances will the company, its officers or directors be liable to you or anyone else for any loss or injury or any direct, indirect, special or other consequential damages arising out of or in connection with your access or use of, or inability to access or use the application, service and any information available thereon, even if the company has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy. Without limiting the generality of the foregoing, the company’s total aggregate liability arising from or related to your us of the application, service, whether in contract or tort, will not exceed Rs.1000/- (Rupees One Thousand only).

INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify and hold the company and its officers harmless from any and all claims, suits losses, liability, costs or expenses (including, but not limited to reasonable attorney’s fees) arising from or incurred as a result of your use of the application or any breach by you of this agreement.

COMPATIBILITY

The Company does not warrant that the Application will be compatible with your Mobile Device or any other piece of hardware, software, equipment or device installed on your Mobile Device. You acknowledge and agree that Company and its affiliates will have no liability for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

PRODUCT CLAIMS

The Company does not warrant that the Application will be compatible with your Mobile Device or any other piece of hardware, software, equipment or device installed on your Mobile Device. You acknowledge and agree that Company and its affiliates will have no liability for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

Inactive Retailer/Distributor

For any retailer & distributor with a balance in the Variant Pay Agent virtual account that is unutilized in the previous calendar quarter & retailer/distributor has not done any transaction via Variant Pay Retail platform
1. A SMS communication will be sent by Variant Pay to the non-transacting Retailer/Distributor’s registered mobile no asking the Retailer/Distributor to utilis the Balance in the Variant Pay Agent virtual account within the next 30 days, at the end of every calendar quarter.
2. At the end of 30 days extended utilization period, Retailer/distributor will be marked inactive on the Variant Pay Retail Platform and will be barred from do any transactions on the Variant Pay Platform. Reactivation possible after contacting Variant Pay Support/Customer Care team.
3. Retailer/distributor balances will be forfeited after 30 days of extended utilization period at the end of a calendar quarter.
4. On discontinuation of any Bank related services/any service running on Variant Pay Retail Platform
5. On discontinuation of any Bank related services /any service running on Variant Pay Retail Platform due to any reason, A SMS communication will be sent Variant Pay to the non-transacting Retailer registered mobile no asking the Retailer/Distributor to utilize the Balance in the Variant Pay Agent virtual account within the next 30 days.
6. At the end of 30 days extended utilization period, Retailer/distributor will be marked inactive on the Variant Pay Retail Platform and will barred from doing any transactions on the Variant Pay Platform. Reactivation possible after contacting Variant Pay Support/Customer Care team.

MISCELLANEOUS

Entire Agreement

This Agreement constitutes the entire agreement and understanding of the Parties with respect to usage of the Application and supersedes all prior agreements, written or oral with respect to such sale and transfer.

Severability

If any provision of this Agreement or the application thereof to any person or circumstance will be invalid or unenforceable to any extent, the remainder this Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable will n be affected thereby, and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law.

Governing Law

This Agreement is governed by and will be construed in accordance with the laws in force in India and the Courts at Noida Utter Pradesh, India will have exclus jurisdiction to try disputes arising under this Agreement. Each Party waives any right it has to object to an action being brought in those courts includin by claiming that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Application Questions, Comments, and Contact Information. If you have any questions, complaints and/or claims, you may contact the Company at: Address: Variant Pay (Lavi Software & Technology Pvt. Ltd.), C-23, Sector 63, Noida, Uttar Pradesh 201301 E-mail:info@variantpay.com

NEGATIVE CATEGORIES LIST
LIST OF PROHIBITED & RESTRICTED ITEMS (NEGATIVE LIST OF MERCHANTS)

Following items are not allowed to be sold by the Merchant using the Variant Pay Wallet. Please note that the Merchant and/or Company will be responsible for any legal issues and other liabilities arising if it tries to sell these below mentioned items at the Merchant Website or outlet, Variant Pay will in no way b held responsible for the same. 1. Adult Material which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services
2. Alcohol including alcoholic beverages such as beer, liquor, wine or champagne)
3. Animals and Wildlife Products – examples include live animals, mounted specimens, and ivory
4. Artifacts prohibited for sale
5. Beta Software
6. Bootleg/Pirated Recordings
7. Brand Name Misuse
8. Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam)
9. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
10. Catalogue and URL Sales
11. Child pornography which includes pornographic materials involving minors
12. Copies of unauthorized Copyrighted materials whether in electronic or physical form or any other medium which may not be in existence at present.
13. Counterfeit Currency and Stamps.
14. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
15. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
16. Embargoed Goods and Prohibited Countries.
17. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
18. Event Tickets.
19. Firearms, Ammunition, Militaria and Knives.
20. Fireworks, Explosives and Explosive Substances; toxic, flammable and radioactive materials and substances.
21. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.
22. Government IDs and Licenses which includes fake Ids, passports, diplomas and noble titles.
23. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property.
24. Hazardous and Restricted Items,
25. Human Parts and Remains.
26. Items Encouraging Illegal Activity – examples include an eBook describing how to create methamphetamine,
27. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes,
28. Multi-level marketing collection fees,
29. Copyright unlocking items that includes Mod Chips or other devices designed to circumvent copyright protection;
30. Movie Prints,
31. Offensive Material – examples include ethnically or racially offensive material or any literature, products or other materials that: a) Defame or slander an person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred;
32. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals,
33. Police, Army, Navy and Air force Related Items
34. Pre-Sale Listings.
35. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner,
36. Promotional Item,
37. Real Estate,