Copyright © 2022 p2Spray.in. All Rights Reserved.
The below mentioned terms and conditions read with the payment terms and the privacy policy
governs the relationship between you and p2 spray. You are hence
requested to read and understand the following terms and conditions, carefully, before registering
on, accessing, browsing, downloading or using our website located at www.p2spray.in or through
any mobile application or API or any similar platform (hereinafter referred to as “P2spray
Platform”) owned, managed and controlled by Global Life Science (“GLS”), having
their registered office at plot no. 18A & 18B, khasra no 129, shaheed bhagat singh ward, takrohi, indira puram, Lucknnow– 226016 on any such device and/or before availing any services offered by P2Spray.in on or
through this P2Spray Platform. A User can opt for the services through the P2Spray platform, only
when he accepts to abide by all of the Terms and Conditions hereinafter contained.
The access to and use of this P2Spray platform is subject to the following terms and conditions of
use (“Terms”). The words, “he”, “his”, “You” User””and “Customer” refer to the person(s) who
opens the account and shall include both singular and plural. Reference to masculine shall include
the feminine and third gender. The terms may be accepted by individuals or entities/non-
individuals such as corporate, private limited companies, public limited companies, trusts,
association of persons, public sector undertakings, non-government organizations, partnership
firms etc. and the terms within the document need to be construed accordingly irrespective of the
usage therein. Reference to any statute, ordinance or other law includes all regulations and other
instruments and all consolidations, modifications amendments, re-enactments or replacements as
may be applicable, for the time being in force. All headings, bold typing and italics (if any) have
been inserted for convenience of reference only and do not define limit or affect the meaning or
interpretation of these Terms.
The User shall comply with all such terms and conditions as P2Spray may prescribe from time to
time with regard to the Services provided by it. All Transactions effected by or through this
P2Spray platform, shall constitute legally binding and valid transactions between the user and
P2Spray.
These terms and conditions as accepted by User shall be read along with and in addition to any
terms and conditions in force from time to time and issued if any issued by any Service Provider,
relating to the usage of this P2Spray Platform They will also be read in conjunction with the
Privacy policy
1. Changes to the terms and conditions:
P2Spray reserves the right to change or modify the Content, or information appearing on or in
connection with this P2Spray platform, including these Terms at any time without notice to the
user. P2Spray may at any time revise these Terms of Use by updating this posting. The user is
bound by such revisions and should therefore do visit these pages to review the current Terms of
Use from time to time. All future Changes shall be notified once you log in into your account and
please ensure to read and keep updated of the terms and conditions from time to time. By
continuing to access the P2Spray Platform or use the Services on or after the Effective Date of the
revised Terms, the User agrees to have read, understood and also be bound by the revised
Terms.
2. Definitions
2.1. For the purpose of these Terms, the following words and phrases shall have the meaning
assigned to them under this Article.
2.1.1 “Acquiring bank” :-
means any bank or financial institution that processes debit card or credit card payments of the
user
2.1.2 “Services” :-
means the service provided by P2Spray and Service Providers, if any, to Users, whereby a User
can (i) receive payments from their vendors or other payers; or (ii) make payment to suppliers,
beneficiaries or other payees, or (iii) make settlement by (a) NEFT/RTGS; or (b) credit/ debit card;
or (c) net banking; or (d) any other mode of payment or settlement through banks, that may be
accepted by P2Spray from time to time
2.1.3 “User”:-
shall mean any person [ individual resident in India and/or a company/partnership firm/sole
proprietor/ or entity registered in India] who/which is registered on the P2Spray platform for using
this P2Spray platform and/or who/ which subscribes for the Services through this P2Spray
platform, to make or to receive payments to or from third parties or to make any settlement. The
term “User” shall also cover such personnel of any User who are duly authorized to avail of the
Services on behalf of the User.
2.1.4 “Settlement Account”: –
means such bank account maintained by P2Spray under the relevant guidelines of Reserve Bank
of India or under any other law or regulation as may be applicable from time to time
2.1.5 “Payee”: –
means any person to whom a payment is made, using the Services, (and the term includes a User
who uses the Services to receive payment).
2.1.6. “Payer” :-
means any person who makes a payment, using the Services (and the term includes a User who
uses the Services to make payment).
2.1.7 “Products”:-
mean any services or products which are purchased/ offered for sale by a User to third parties
from time to time, Products shall not include those banned products and services that are listed in
Annexure A.
2.1.8. “Service Provider”: –
means a bank, association, facility provider, card issuing institution, acquiring bank, other financial
institution, card processor, clearing house networks or any such vendors or service providers, that
P2Spray may engage with from time to time to provide the services
2.1.9 “Transaction”:-
means a payment instruction that results in the successful transfer of monies or settlement (a)
from a User to a Payee; or (b) from a Payer to a User.
2.1.10 “Transaction Amount”:-
means the total amount payable/ receivable by a User/Payee. This amount shall include all
applicable taxes, charges, interest, delivery costs, commissions and other such incidental charges
etc.
2.1.11 “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
program to communicate with each other.
2.1.12 “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” for
purposes of this Section 2 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
Agreement.
3. Eligibility:
To be eligible to use the P2Spray Services, you must be (a) an entity eligible and registered to
carry out business or operate in India; or (b) an individual who is at least 18 years old and a
resident of India. The P2Spray platform and Services are intended solely for persons who can
form legally binding contracts under Indian Contract Act, 1872 and who are 18 years of age or
older and anyone who is not previously suspended or removed by P2Spray from availing the
P2Spray Services or accessing the P2Spray Platform. Any access to or use of the P2Spray
platform or Services by anyone under 18 is expressly prohibited. User also confirms and declares
that his Payer/ Payee is similarly competent to contract. A User represents and warrants that he
has full power and authority for using the Services and is in strict compliance of all laws as
applicable from time to time. Finally, the user also represents not to impersonate any person or
entity, or falsely state or otherwise misrepresent his identity, age or affiliation with any person or
entity.
4. Registration:
In order to avail the Services, User must be registered with P2Spray and the Service Providers, if
required. User shall provide P2Spray with all such identification and address proof documents as
may be required by P2Spray. By registering with P2Spray, User agrees to provide true, accurate,
current and complete information, failing which P2Spray may at any time reject User’s registration
and terminate his right to use or access the P2Spray platform and/or Services. When User
registers on the P2Spray, a User Account will be created, that is associated with User’s user
name, password and other identifying information. User shall be responsible for anything that
happens through his User Account. User also expressly covenants that the User Account shall be
used by him only for his valid and genuine business transactions and not otherwise or for any
activity prohibited in Annexure A or for scrupulous/fake transactions. User/Payer/Payee 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 [“self – financing” means where the
registered user avails or uses the Platform to fund his own business account or that of his spouse
or relatives or affiliates] on or through P2Spray platform. In the event, the User/Payer or Payee is
found to be doing so or attempting to do such self financing transaction P2Spray shall at its
discretion have recourse to take such actions as it deems fit (including suspension of account,
investigation etc, levy of fines or penalty, appropriation of funds lying in the user account) as the
case may be, including initiating appropriate legal action as may be
By registering with P2Spray, User expressly consents to the terms and conditions, payment terms
and Privacy Policy. If the User do not feel comfortable with any part of our Terms of Service, he
must not use or access the Service. The User expressly undertakes to keep his account
information, which includes but not limited to his primary email address, contact number, credit
card number, bank account number, communication address, ownership or legal status current
and valid and in case of any change in information provided, update his account immediately. In
the event of any action/notice by any law enforcement agency or conviction by a court of law, the
User shall undertake to forthwith without any delay inform P2Spray about the same and keep
P2Spray updated
5. Information:
The user will be required to submit the following information while registering:
Valid Identification and address proof
Permanent Account Number Card [PAN CARD]
Business document in case of an entity
The User authorizes P2Spray directly or through third parties, to make any inquiries as P2Spray
consider necessary to validate the identity, including as necessary to comply with the obligations
under applicable laws and regulations. This may include asking the user for further information or
documentation, requiring him to provide personal identification documents, valid identity proof and
address proof.
6. Use of Services:-
The Services may be used exclusively by the User for making and receiving payments from and/or
to Payer/Payee or making settlement of a valid and legal transaction.
To enable the User to use the Services, a link with login credentials will be communicated to the
User on his mobile phone or notified email address and the User irrevocably and unconditionally
accepts the sole responsibility for use, confidentiality and protection of said login credentials,
including passwords, as well as for all orders and information and changes entered into the
mobile/ e mail/web account using such login credentials. For use of services provided by P2Spray,
the user hereby shall subscribe to a suitable plan as he may deem appropriate and make payment
to P2Spray as per Payment Terms laid down hereunder.
P2Spray has no obligation to verify the authenticity of the Transaction once the transaction is
generated through a valid login and authenticated through a password. The User shall at all times
take all appropriate steps, including those as mentioned herein, to maintain the security and
confidentiality of the information. P2Spray shall not be liable for any mistake or misuse 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. User agrees that P2Spray accepts all instructions
originating from his Account in good faith and that they are genuine and are normal business
transaction and, in a manner, consistent with commercially reasonable security standards. User
shall indemnify and hold P2Spray safe and harmless for direct or indirect losses resulted as a
result of the disclosure of sensitive information by or through User or for any loss or damage
caused to P2Spray, its officers and employees or the acquiring bank for any breach of the terms
of use/privacy policy/payment terms by the user or his customer or vendor, or for any Intellectual
Property infringement claim brought by third party or for any other loss or damage due to security
breach
a) On receiving the necessary details from the Service Provider, P2Spray shall initiate the
required payment to Payee/User/ as instructed by User/ Payer.
b) Confirmation of the Transaction performed using valid login credentials shall be conclusive
evidence of a Transaction being effected.
c) User is responsible to furnish P2Spray with correct and current Payee or Payer information. In
the event that the payment is in respect of a purchase or sale of product or services by the
User/Payee, P2Spray shall not be required to ensure that the purchased Products and/or services
have been duly delivered. In the event a User chooses to complain about a Transaction, the same
should be communicated to P2Spray within 3 (three) days of the Transaction. The User expressly
agrees and warrants that P2Spray 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 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 any request under clause 2.1.2(i) for an amount more than INR 2,00,000/- and is in
fraction, P2Spray may retain fraction component in the user account and the transaction amount
shall be processed through RTGS immediately to the user.
7. User Obligations
a) Every User is responsible to (i) furnish correct and accurate information of the Payer/ Payee as
may be required, on an independent basis; (ii) furnish to P2Spray forthwith on demand, the
original copy/copies of proof of delivery of Products, 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 P2Spray
b) User shall not (i) carry out any activity, which is banned, illegal or immoral, (ii) use the Services
in any manner or in furtherance of any activity, which constitutes a violation of any law or
regulation or which may cause P2Spray to be subject to investigation, prosecution or legal action.
c) User undertakes and assures to P2Spray that payments shall not be made/ received in respect
of any Products mentioned in the banned items list set out in Annexure A hereto and that
payments are been made in under valid business contract with the customer or vendor and the
payments are in respect of genuine business transaction
d) User undertakes to inform P2Spray if he has any dealing or engages as a
vendor/supplier/customer/dealer in any of such prohibited goods at any point of time
e) User shall act in compliance with all laws, rules and regulations and shall at all times comply
with the guidelines set by Visa/Master Card/ acquiring banks/ Service Providers, as may be
applicable from time to time
f) 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.
g) User shall take all precautions as may be feasible or as may be directed by P2Spray to ensure
that there is no breach of security and that the integrity of the link between their systems/ site, the
P2Spray platform 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 P2Spray and the Service Providers from
any loss as may be caused in this regard.
h) 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
i) 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
Banks from time to time.
j) A User shall use the information regarding a Payee/ Payer (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/ Payer.
k) A User shall inform P2Spray 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.
l) User shall not interfere with or damage the P2Spray platform, including, without limitation,
through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service
attacks, back doors, packet or IP spoofing, forged routing or electronic mail address information or
similar methods or technology.
m) As a condition of use of the Services, the User will not use the Services for any purpose that is
unlawful or prohibited by these terms, conditions, or violate the T&Cs. P2Spray reserves the right
to suspend the user’s P2Spray account or restrict use of services or any such other action as
P2Spray may deem fit [ including but not restricted to such legal recourse as may be available],
without any prior notice to the user
n) User shall not impersonate any person or entity, falsely claim or otherwise misrepresent his
affiliation with any person or entity, or access the accounts of others without permission, forge
another person’s digital signature, misrepresent the source, identity, or content of information
transmitted, perform any other similar fraudulent;
o) User shall not infringe P2Spray’s or any third party’s intellectual property rights, rights of
publicity or privacy;
p) User shall not use the P2Spray Services or the P2Spray Platform in any manner that could
damage, disable, overburden, or impair it, including, without limitation, using the P2Spray Services
or the P2Spray Platform in an automated manner or otherwise;
q) P2Spray 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.[including but not restricted to indemnify
and keep P2Spray and its officers, affiliates from any such losses or damages as P2Spray may
incur on account of such violations and also right to adjust any money lying in the settlement
account towards losses or damages that P2Spray may suffer on account of such violation, without
prior notice to the user
r) User shall not use P2Spray Services or P2Spray Platform for any self-financing activities which
includes but not limited to transfer of funds to the Payee against any fake or fraudulent
transactions, use of credit card registered in User’s name by any other User/Payer on P2Spray
Platform, 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 other Party.
s) P2Spray has the right to temporary terminate such User’s access to the P2Spray platform.
User shall be given a reasonable opportunity of being heard and provide evidences/proof ensuring
the validity of the transaction, any failure to prove the validity of the transaction will lead to
permanent embargo on the User to access the P2Spray Platform. In addition to this, P2Spray also
has the right to impose penalty or appropriate funds in the user account as it deems fit
t) The User hereby expressly agrees and undertakes not to use this P2Spray platform to facilitate
any payment or settlement or collect monies from Vendor/Customer who /which is an affiliate.
8. Fees
(a) Subscription Fees:
A User is required to subscribe to any of the available plans to be able to utilize the Services. The
Subscription Fees shall be payable by User as per the subscription plan chosen by him. The
various plans available are set out in the Payment Terms. Subscription plans of various duration
are available to Users. Payments for subscription plans can be made only by credit card.
A User’s subscription will be automatically renewed at the end of each subscription period unless
User downgrades his paid subscription plan to a free plan or informs P2Spray that he does not
wish to renew the subscription. At the time of automatic renewal, the Subscription Fee will be
charged to the credit card last used by a User. P2Spray provides Users the option of changing
credit card details if he would like the payment for the renewal to be made through a different
credit card. If User does not wish to renew the subscription, he must inform P2Spray at least
seven days prior to the renewal date. If User has not downgraded to a free plan and if User has
not informed P2Spray that he does not wish to renew the subscription, he will be presumed to
have authorized P2Spray to charge the Subscription Fee to the credit card last used by him.
A User shall not be entitled to any refunds or credits in respect of the Subscription Fees/ other
fees or payments paid by him, even in cases where the User has elected to terminate his
subscription to the Services or cancel his Account prior to the end of the period of his subscription.
P2Spray may, from time to time, make changes in the subscription plans, Subscription Fees, the
prices of any Services or P2Spray may charge Users for use of Services that are currently
available free of charge. Any such changes made by P2Spray will however not apply until the
expiry of a User’s existing subscription period/ billing cycle.
P2Spray reserves the right to terminate unpaid User accounts that are inactive for a continuous
period of 120 days. In the event of such termination, all data associated with such User account
will be deleted unless required to be maintained by law as may be applicable. P2Spray will
provide User prior notice of such termination and option to back-up his data. The data deletion
policy of P2Spray may be implemented with respect to any or all of the Services.
(b) Transaction Fees:
The acquiring bank will authenticate, authorize, and process the payment instructions given by the
Payer 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 Payer’s
bank account to the settlement account maintained by P2Spray
In consideration of the Services rendered by P2Spray to the User, the User shall pay to P2Spray
a Transaction Fee that is more specifically detailed in the Fee Schedule defined in the Payment
Terms
P2Spray shall deduct its Transaction Fees plus service tax per successful Transaction and make
payment of the balance of the Transaction Amount to User/ Payee’s designated bank account. All
other taxes, duties or charges shall be borne and paid by User, unless otherwise agreed between
the Parties. P2Spray reserves the right to alter / modify / change the discount / commission or
transaction fee payable at its discretion at any time without notice to the user.
It is hereby agreed and acknowledged by the User that the transaction fees charged by P2Spray
in respect of a Transaction that has been settled or completed shall not be returned or repaid by
P2Spray to the User or any other person irrespective of the Transaction being rejected, charged
back, refunded or disputed.
9. Specific Terms
a) P2Spray and or the Acquiring Bank will not be responsible for any disputes between the Users
and the Payers/ Payees, including issues regarding prices, delivery, non-delivery, deficiency of
services or delay in delivery of the Products, quality of Products or services or otherwise. All such
disputes will be dealt with by and between the User and the Payer/ Payee directly, and P2Spray
shall not be a party to such disputes.
b) P2Spray cannot and does not guarantee the timings of any payments made or received as
such timing is dependent upon User’s or the Payer’s bank, card issuing bank/ card processor
(where a credit/ debit card is used), acquiring financial institution and other Service Providers.
P2Spray assumes no liability and shall not be held responsible for any delays in delivery of
payment or availability of funds when using the Services.
c) P2Spray and the Acquiring Bank shall not be a party to the contract between the User and any
Payer/ Payee in any manner whatsoever. All contracts are directly between Users and their
Payers/ Payees.
d) User shall be responsible for any miscommunication or incorrect User/ third party/ other
information that may be provided to P2Spray at the time of enabling the Services for the User.
e) P2Spray/ Service Provider reserve the right to impose limits on the number of Transactions
which may be charged on an individual credit card or other account during any time period and
reserve the right to refuse to make payments in respect of Transactions exceeding such limit.
P2Spray also reserves the right to impose limits on each and every amount which may be
charged on an individual credit card or other account at any point of time. P2Spray/ Service
Provider also reserve the right to refuse to make payments in respect of Transactions by Users
with a prior history of questionable charges or for any other reason as the case may be
10. Security
a) The User will not hold P2Spray liable in case of any improper/ fraudulent/unauthorized/
duplicate/erroneous use of his mobile and/or the web-based access or through any other platform.
P2Spray will also not be liable for any direct or indirect consequences connected with the use/
misuse of User’s web/ mobile/ e mail account by any third party. If any third parties gain access to
the Services, the User will be responsible and shall indemnify P2Spray against any liability, costs
or damages arising out of such misuse / use by third parties based upon or relating to such access
and use, or otherwise.
b) The User shall be fully liable for: (a) any unauthorized use of his mobile/ email account; and/or
(b) all authorized Transactions on his web/mobile/email account.
c) Without prejudice to the remedies available to P2Spray and these Terms, P2Spray shall be
under no liability whatsoever to the User in respect of any loss or damage arising directly or
indirectly out of:
any defect in any Products supplied to him or services rendered to him;
any inability of a third party to supply or deliver the required Products or services in the
necessary numbers or types or manner;
the refusal of any person (including a Service Provider) to honor or accept a payment;
the malfunction of any computer terminal or equipment;
the utilization of the Services by any person other than by the User;
any transaction which is unsuccessful or fails for any reason whatsoever, whether P2Spray has
a prior notice of it or not;
any mis-statement, error or omission in any details disclosed to P2Spray.
11. Refunds/ Charge backs
A Charge back shall mean a Transaction that is uncollected and returned to Service Provider/
P2Spray by User/ Payee or acquiring bank for a refund to the concerned Payer / User due to any
of the following reasons:
a) Any payment which the User/ Payer refuses to honor 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.
b) Any payments by a User/ Payer using the Services, which is returned by the acquiring bank for
any reason whatsoever.
c) Any charge/debit arising out of any alleged hacking breach of security or encryption that may be
utilized by Service Provider/ P2Spray/ Payee from time to time or
d) Any Transaction that is unsuccessful.
As a result of the rapid nature of movements of funds, once a payment has been initiated through
the Services, it may not be possible to retract the same using the Services. Hence neither the
Acquiring Bank or P2Spray shall be responsible to the User or any one else for charge back or
refund. The user hereby expressly acknowledges and confirms that P2Spray shall not be liable for
the Charge back
Any such retraction of a payment shall be between user and payee directly and a charge back can
be considered only if the Payee refunds the amount back.
In the event of a Charge back situation arising in case of any Products or services purchased by a
User or Payer, for which payment has not yet been made to the Payee or User, the User or Payer
shall be advised by P2Spray to resolve the issue with the Payee or User at the earliest and
P2Spray shall then settle the payment in accordance with the solution agreed upon by the Parties
once the same is communicated to P2Spray.
In any event, charge back request may be entertained only if the payee refunds the amount and
hence P2Spray is under no obligation otherwise.
In the event of a Charge back situation arising in case of any Products purchased by a User/
Payer, for which payment has been made to the Payee/User / Service Provider, the User/ Payer
shall be advised to resolve the issue with the Payee/User / Service Provider at the earliest and
shall then settle the payment in accordance with the solution agreed upon by the Parties only if the
Payee refunds the amounts back .
P2Spray shall not be responsible to make payments in respect of any Charge back unless it has
received the requisite amounts from the concerned acquiring bank/ Service Provider/ Payee/ User.
In the event of the receipt by P2Spray of an amount of a Charge back from the acquiring bank /
Service Provider, P2Spray shall pass on to User/ Payer such amount received by them within 7
days.
Further more :-
The User shall keep the Acquiring Bank and P2Spray safe and harmless and indemnified and
shall indemnify the Acquiring Bank and P2Spray for any actions, claims, costs, loss, damages,
expenses or liability made against or suffered or incurred by the Acquiring Bank or P2Spray
directly or indirectly arising out of:
a Card transaction between user and the vendor
all Card transactions that are charged back;
willful misconduct, collusion to falsify a business transaction or carrying on activities which are
illegal or prohibited as per the law of the land or as may be prohibited in the terms and
conditions agreed with P2Spray by the user or fraud by Customer/Vendor or its Employees or
Agents;
Any fines or penalties imposed on the Bank or P2Spray by the Card Schemes in connection
with P2Spray’s use of the Services;
Bank may refuse to accept any transaction if it is invalid and may charge it back to P2Spray if
the Bank has already processed it.
Bank may reserve the right to:
debit P2Spray’s Settlement Account and/or
deduct and set off from settlement funds due to P2Spray; and/or
invoice/raise a debit note to recover from P2Spray separately,
for any of the following amounts:
funds credited to P2Spray’s account in error;
the amount of any refunds issued (if not already deducted from sums paid by Bank to P2Spray
invalid transactions (including Charge backs and our related losses;
government charges; and
any other amounts then due from P2Spray to us, arising out of or in relation to the terms of the
Transaction Documents;
Refund :-
If a User claims a refund, before the vendor is settled, P2Spray shall on written request for
refund, roll back the transaction to the User after deducting the relevant MDR charges
In case the User claims a refund after the vendor is settled, the User expressly agrees that such
transactions cannot be rolled back and hence covenants to resolve this transaction with the
Vendor offline and inform P2Spray on such resolution. Neither Acquiring Bank nor P2Spray
shall be liable to the User or the Vendor for any such refund in this instance
Cardholder/Customer, P2Spray must provide a cheque in favors of Bank for the amount of the
refund.
12. Termination
If either P2Spray or Service Provider suspects, on reasonable grounds, that a User has committed
a breach of these Terms or any other agreement with P2Spray or any act of dishonesty or fraud
against P2Spray/ any Service Provider, P2Spray shall be entitled to (a) suspend all payment
under these Terms; (b) deactivate/ suspend your User Account and disable your password; and
(c) terminate User’s access to the P2Spray platform or the Services; pending inquiries by
P2Spray. User may cancel his User Account at any time by sending P2Spray’s an email to that
effect.
13. Indemnity
User shall keep P2Spray and the Acquiring Bank 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 P2Spray 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; (iii) any acts, errors, misrepresentations,
wilful misconduct or negligence of the User, or his employees, subcontractors and agents in
performance of their obligations under these Terms; (iv) infringement of Intellectual property rights,
privacy rights of third parties; (v) third party claims or suits.
14. Confidentiality:
User agrees not to disclose or attempt to use or personally benefit from any non-public information
that he may learn on the P2Spray platform or through the Services.
This obligation shall continue until such time as the non-public information has become publicly
known through no action of your own. If the User is compelled by order of a court or other
governmental or legal body (or have notice that such an order is being sought) to divulge any such
non-public information, he agrees to forthwith and diligently notify P2Spray and cooperate fully
with P2Spray in protecting such information to the extent possible under applicable law.
P2Spray may access, preserve and disclose any of the user’s information if required to do so by
law, or P2Spray believes in good faith that it is reasonably necessary to (i) respond to claims
asserted against P2Spray or to comply with legal process, (ii) for fraud prevention, risk
assessment, investigation, customer support, product development and de-bugging purposes, or
(iii) protect the rights, property or safety of P2Spray, its Users or members of the public. Please
refer to our Privacy Policy for further details
15. Intellectual Property Rights
The P2Spray platform content and the trademarks, service marks and logos contained therein
(“Marks”) are owned by or licensed to P2Spray, subject to copyright and other intellectual property
rights under the law and international conventions. Such P2Spray platform content may not be
copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or
otherwise exploited without the prior written consent of P2Spray.
The user also expressly agrees and undertakes and consents to use of its trade mark, service
mark and logo on P2Spray website/platform/app
16. Privacy Policy
User understands that his access to the P2Spray platform will result in the collection, use and
storage of his information which is subject to P2Spray’s Privacy Policy. Through his access of the
P2Spray platform User consents to the collection, use and storage of such information, which will
be held by P2Spray and may be processed and stored by Service Providers. For an explanation
of P2Spray’s practices and policies related to the collection, use, and storage of Users’
information, please read our Privacy Policy