Welcome to CushyPay, a mobile application developed and managed by Omniware Payments Pvt Ltd to facilitate rent payments for tenants and landlords.
By downloading, installing, or using the CushyPay mobile app, you agree to be bound by the following terms and conditions. Please read these terms carefully before using the app:
1. Scope of the App Services
Omniware Payments Private Limited ("Cushy Pay") is the owner and controller of 'CUSHY PAY,' a web-based smartphone application that offers a unified enabling a User to make their payments towards their utlility bills and includes other similar/ related facilities and services offered from time to time on CUSHY PAY ("App Services") currently or in the future, where such services can be accessed through the internet either on mobile and desktop/laptop ("CUSHY PAY" or "App"). CUSHY PAY is NOT an investment advisor and does not offer any financial advice related to equities, fixed income products, equity-related products, mutual funds, tax planning, financial planning, or any other investment analysis
In accessing and using our Services (as defined below), you ("User") are agreeing to these terms and conditions covered hereinafter ("Terms of Service" or "Terms"). Omniware Payments Private Limited, with its affiliates & subsidiaries, fervently urges you to go through the Terms of Service in detail before registration, to access, or using the App Services. Supplementary terms may apply to specific Services, such as policies for a particular event, activity, or promotion of a new feature. Such extra terms will be disclosed to you concerning the appropriate Services. Supplementary terms are included in and shall be considered a part of the Terms for the purposes of the applicable Services. Supplementary terms shall dominate over these Terms in the event of a disagreement with respect to the applicable Services. As a user, your usage of App Services will be deemed as your acceptance of the supplemental terms. We fervently recommend you read the supplemental terms for each of the services given below or within the app now and then.
We may alter the Terms at any time by publishing an updated version on the app. The revised version of these Terms shall supersede the preceding version of the Terms and take effect immediately upon publishing and may be notified via the app. You have the liberty to opt-out of agreeing to these Terms or any future revised version of the Terms and hence also using the app. If you are ill at ease with any of the Terms or do not wish to be restricted by the same, you are at liberty to desist from using the App and the App Services. Nevertheless, please be aware that your prolonged use of the App Services for 7 (seven) days from the launch of any revised Terms would mean acceptance of these Terms and its related policies mentioned here, including any amendments.
For the intent of these Terms of Use, where the context so requires, the term "User" would mean and include any natural or legal individual who has agreed to these Terms of Use on behalf of themself or any other legal entity.
It is explained that the Privacy Policy (provided separately) forms an essential part of these Terms of Use and should be read along with the Terms of Use. Illegality or unenforceability of one or more stipulations of these Terms of Use shall not affect the legality and enforceability of any other terms in terms of Use. To prevent doubt, if any of the provisos becomes void or unenforceable, the rest of the provisos of these Terms of Use shall be binding.
2. Eligibility
By registering with CUSHY PAY and using the App Services, you are indicating that you are:
a. 18 years of age or older;
b. competent enough to be entering into a legally binding agreement; and
c. not banned or otherwise legally prohibited from accessing or using Cushy Pay/CUSHY PAY and the App Services.
You agree to comply with all valid laws under Bangalore Jurisdiction when using the Services, and you may only use the Services for lawful purposes. Additionally, if you allow anyone else to use your account, which may include individuals under 18 years of age, you will still be accountable for ensuring that such persons comply with the terms. You will be accountable for all actions these individuals take in and/or through your account. You also acknowledge that Cushy Pay does not have the obligation of ensuring that you meet the necessities described above.
Please be aware that Cushy Pay reserves the right to revoke your access to the CUSHY PAY App or App Services, subject to our rational discretion. Herein, we may also choose to suspend your CUSHY PAY Account or your access to the same. As a listed User, you may contact our support team to assist you/resolve the situation in such an event.
3. Your Use of Cushy Pay
When you use our app, you are indicating to us that:
a. Your usage of the app shall not violate any valid law or regulation, and that you fulfill the eligibility norms set forth under Section 2.
b. All the registration info that you submit is complete, truthful, and accurate, and you accept to maintain accurate, complete, and latest account information in your Account.
c. You are accountable for all the activity that occurs under your Account. Unless otherwise permitted by Cushy Pay in writing, you may only hold one Account.
d. You are responsible for preserving the discretion of your account's access Cushy Pay credentials and are fully accountable for all the activities that occur under your Account. You approve to immediately notify us of any unsanctioned use of your passcode or Account or any other security breach.
e. Your usage of the app or its contents is only for personal purposes. In using the App Services, you hereby agree that you are aware and responsible for all transactions taking place through your Account. This includes the payments from Credit Cards, not in the Account Holder's name but any family member, friend, or acquaintance. By paying for a Credit Card that is not yours, You assume accountability for the transactions that have been completed through that Credit Card for the cycle of the payment made by You using the App Services.
f. Your private and non-commercial use of the app stops you from decompiling, disassembling content, reverse engineering, taking any intellectual property right associated with our app, including copyright, trade secrets, trademarks, designs, patents, or other exclusive notices.
g. You do not have the liberty to access or use the app in any manner that may be damaging to the App operation or its content.
h. You must not use any product or service provided on the app for commercial purposes or utilize the App Services in any unlawful way or harms Cushy Pay or any other person or entity.
i. You should not post, distribute, otherwise transmit or make available any software or other computer files that hold a virus or other harmful elements, or otherwise, impair or harm the app or any connected network, or interfere with any person or entity's use or delight of the app.
j. You should not modify or delete any content of the app, like disclaimers or proprietary notices, legal notices, copyright or trademark symbols, and logos.
k. Your use of Cushy Pay shall indicate that you have offered consent to automatically collect requested updates such as patches, bug fixes, enhanced functions, missing plug-ins, and new versions (collectively, 'Updates') for the effective delivery of the App Services. Do note that your persistent use of the app after such Updates would imply acceptance by you.
l. You shall request Cushy Pay to block the Account and modify the passcode instantly for the Account if your Device has been stolen or lost.
4. Suspicious Activity/ Violation of Terms of Use
Suppose we believe that you have dishonored any of the conditions as stated under these Terms or our Privacy Policy. In that case, we retain the right to suspend your App access and/or delete your Account without any prior notice. If we believe that there is mistrustful or unusual activity in your account, we may temporarily or permanently halt your access to the App Services. You may reach out to the CUSHY PAY support team to aid you with any query or question that arises due to the afore-mentioned suspension/ deletion to resolve the same.
You may end your legal agreement with Cushy Pay at any time by disabling your account and ceasing the use of the App Services. We offer all our Users an option through which a User may demand an archive of a specific Card stored on their account or deletion/deactivation of the account through the support on the Cushy Pay App. After such a request, we will assume the agreement to be terminated and take the necessary steps.
5. Fees
You are liable for any fees that may apply to specific transactions or use of the app, where you will be informed of such applicable fees before the conclusion of any transaction. Only if you agree to pay the fees as mentioned above shall the transaction go ahead. All fees shall be determined by Cushy Pay and will be inclusive of taxes.
6. Privacy
We hold, collect, transfer and use your personal information according to our Privacy Policy. By accepting the Terms of Use, you herewith agree to our Privacy Policy, which may be revised and/or modified by us regularly. You understand and accept that, to the extent permitted by applicable law, any data given by you in relation with the App Services may be disclosed to our affiliates or partners and/ or utilized by us for enhancing the App Services including but not restricted to creating new products. Do refer to the Privacy Policy for further clarity on the theme.
7. Compliance with NPCI Guidelines
Please note, the National Payments Corporation of India ('NPCI') is an approved payment system operator attested by the Reserve Bank of India ('RBI').
NPCI operates and owns the UPI payment system. Please make note, a Payment Service Provider ('PSP') is the banking corporation sanctioned to act as a Payment Service Provider according to the UPI framework.
8. Disclaimer
The App Services, including all software, content, functions, material, and information made available or accessible through the Services, are provided "as is." Cushy Pay, CUSHY PAY, their respective agents, partners, or co-branders make no representation and warranty of any kind for the content, functions, material, software, and information available/accessible through the Services.
Cushy Pay does not provide any warranty that the functions contained in the content, information, and materials in the app, including, without restriction, any third-party sites or services linked to the app will be continual, timely, or error-free, or that the defects will be remedied, or that the app or the servers that make such data, content, and materials accessible are virus-free or free of other harmful components.
Furthermore, You understand that a payment transaction is exclusively between the User who uses the App Services to transact ("Sender") and the User who receives the payment from the Sender ("Recipient") and that Cushy Pay does not provide any warranties or guarantees with respect to any User or any goods, service, or delivery level commitment provided by such User. Cushy Pay will not assure that other users are or will be obeyed by the foregoing rules or any other provisions as mentioned here. You shoulder all risk of harm or injury resulting from any lack of compliance by any person or user. You must ensure that you have undertaken satisfactory due diligence before transferring payments using the App Services.
9. Limitation of Liability
In no event shall Cushy Pay, its officers, owners, employees, directors, agents, partners, co-branders, licensees, licensors, consultants, or contractors be liable any third party or to you for any indirect, special, incidental, punitive, or consequential damages or losses of any kind, or compensations for the loss of profits, data, goodwill, and/ or other intangible damage, whether or not foreseeable and regardless of whether Cushy Pay has received any advice about the prospect of such losses, or based on any concept of liability, that includes breach of contract or warranty, carelessness, negligence or other tortious action, or any additional claim arising out of or in connection with your use of, or access to, the App or App Services.
In no event shall Cushy Pay's total cumulative liability to You in relation with the App Services for all losses, damages, and causes of action, arising from or relating to these terms and conditions exceed the net fees Cushy Pay has actually received and reserved from your valid transactions in the three (3) month period immediately before the claim date.
10. Indemnity
You agree to defend, protect, indemnify and hold harmless Cushy Pay, its officers, owners, directors, employees, agents, partners, co-branders, licensees, licensors, consultants, contractors, and other appropriate third parties (collectively 'Indemnified Parties') against and from any and all damages, demands, claims, losses, obligations, liabilities, costs or debt, cause of action, and expenses (which includes any legal fees) that arises from:
a. Your usage of and access to the app;
b. Your infringement of any of these terms;
c. Your violation of any third-party right, including any privacy right or intellectual property right;
d. The committing of any of the forbidden activities as provided here;
a. Your failure to comply with applicable law, including tax regulations; or
b. Any demand that your use of the app caused damage to a third party.
11. Disputes & Arbitration
In consideration for CUSHY PAY granting you access to and using the app Services, you accept that if any dispute between the Sender and Recipient arises, Cushy Pay shall not be a party to the same. While Cushy Pay is not obligated to reconcile disputes, we will aid users in communicating with each other concerning a dispute.
Except in the cases, as otherwise set out in these Terms, these Terms shall be wholly governed by and construed as per the laws of India. Any conflict, dispute, controversy, or claim arising out of or broadly in relation with or relating to the App Services or these Terms, counting those relating to its validity, it's building, or its enforceability (any "Dispute"), shall be first compulsorily submitted to mediation proceedings according to the Indian law. If such Disagreement has not been settled within sixty (60) days after an appeal for mediation has been presented under the Indian laws, such Dispute may be referred to and shall be wholly and finally resolved by mediation under the Arbitration and Conciliation Act, 1996 ("Act"). The Disagreement shall be resolved by one (1) arbitrator to be selected under the Act. The location of both mediation and arbitration will be Bangalore, India. The medium of the mediation and/or arbitration shall be English, unless you are not conversant in English, in which case, the mediation and/or arbitration will be conducted in both English and your native tongue. The existence and gist of the mediation and arbitration proceedings, including documents, papers, and briefs presented by the parties, any communication from the mediator, and communication, orders, and awards supplied by the sole arbitrator, shall remain stringently confidential and will not be disclosed to any third party without the express written agreement from the other party unless: (i) the disclosure to the third-party is reasonably required in the situation of conducting the mediation or arbitration proceedings; and (ii) the third-party agrees unreservedly in writing to be bound by the confidentiality requirement stipulated herewith.
12. Protection and Use of Intellectual Property Rights
Cushy Pay, CUSHY PAY, and the App Services are safeguarded by copyright, patents, trade secret, trademarks, and/or other intellectual property laws. No data, content, or material from the app including, without limitation, all of the page headers, illustrations, images, audio clips, graphics, video clips or text, trademarks, reports generated, tradenames may be copied, uploaded, reproduced, republished, posted, transmitted or distributed in any way without Cushy Pay's express written permission. You are hence given a limited license to utilize the App Services, under your agreement of these Terms. All of the above-stated data, content, or material is our and our licensor's intellectual property.
Cushy Pay, and its licensors, if any, are the singular owners of the underlying software and source code related to the App Services and all the trademarks, copyright, and other intellectual property rights of any nature in the app.
When you upload, store, submit, receive or send content that may include feedback to or through our app, you give Cushy Pay a worldwide, reproduce, perpetual license to use, store, host, modify, communicate, create derivative works, publicly perform, publish, publicly display and distribute such information. This license shall not lapse to you even if Cushy Pay does not use it. The rights you award in this license are for the restricted purpose of promoting, operating, and refining the App Services and developing new ones. This license will continue even if you halt using the App Services.
13. Tax Liability
You henceforth agree to comply with any and all appropriate tax laws in relation to your use of the App Services, including without restraints, the reporting, and compensation of any taxes arising in connection with payments made from the app or funds/income received from the App Services.
14. Governing Law and Jurisdiction
The App Services, The App, all your transactions with the app, and our relationship will be governed by the Indian laws, without regard to conflict of law principles. Furthermore, you agree that all differences, claims, and disputes we may arise shall be subject to the exclusive jurisdiction of competent courts situated in Bangalore.
15. Assignment
Please note, the license granted hereunder to You will not be transferred or assigned by you.
You give your approval to Cushy Pay for it to assign or for the transference of these Terms in whole or part, including to (i) a subsidiary or an affiliate; (ii) an acquirer of Cushy Pay's equity, assets or business; or (iii) a successor by merger.
16. General
No partnership, joint venture, employment, or agency relationship exists between you, Cushy Pay, or any Third Party due to the contract between you and Cushy Pay or the usage of the App Services. If any condition of these Terms is held to be invalid, illegal, or unenforceable, in whole or in part, according to any law, such provision or part thereof shall to that degree be deemed not to form a part of these Terms, but the validity, legality, and enforceability of the other requirements in these Terms will not be affected. In that case, the parties shall replace the invalid, illegal, or unenforceable provision or part thereof with a facility or part thereof that is valid, legal, and enforceable and that has, to the maximum extent possible, a similar effect as the invalid, illegal, or unenforceable provision or part thereof, provided the contents and purpose of these Terms. These Terms establish the entire agreement and understanding of the parties related to its subject matter and supersede and replaces all preceding or contemporaneous agreements and/ or undertakings regarding such subjects. In these Terms document, the words "include" and "including" means "including, but not limited to."
17. Contact us
Please note, if you have any complaints, concerns, or grievances about the terms, other users, or their manner of usage of the application trespass or violate your rights or any complaints about how our handling of your personal information, please feel free to contact us
Email: support@cushypay.in
SPECIAL TERMS AND CONDITIONS FOR THE PAYMENT OF CUSHYPAY
These Terms & Conditions are particular to the use of the CUSHYPAY Payment product introduced by Omniware Payments Private Limited ('CUSHY PAY') and only applies to the CUSHYPAY Payment product.
By registering for the CUSHYPAY Payment Services (hereafter referred to as Services), you accept the following terms & conditions and provide your explicit consent after reading the terms in their totality. These terms & conditions apply to you apart from the earlier terms you have agreed to use other services provided by CUSHY PAY. Suppose any discrepancy or dispute between these terms and terms already agreed upon for the use of other services provided by CUSHY PAY arises. In that case, these terms will predominate insofar as the User is utilizing the Services as defined hereinabove.
Please read this Agreement meticulously and ensure you understand it completely before using the Services. Please note, if you do not agree to this Agreement, you will not be able to use any of the Services.
1. SCOPE OF THE SERVICES
Cushy Pay Technology Private Limited ('CUSHY PAY') is the provider of the CUSHYPAY Payment Service. Any eligible CUSHY PAY user may choose to make payments that include rent, maintenance, and security deposits, as may be appropriate through our payment gateway(s). The admissibility criteria for the same shall be decided by CUSHY PAY from time to time. Any decision taken by CUSHY PAY in that regard shall be ultimate and binding on all. Except for our limited role in aiding the payment after receiving specific instructions from the User, we are not immersed in any of the underlying transactions between you ('User'), any other service provider, or any other user. We are neither an agent of the lessee or the lessor nor of any other Registered User. CUSHY PAY is not a bank and does not offer any other related services. Further, it is clarified that CUSHY PAY does not provide any other tax advice to Users at any time. Users are required to acquire independent tax advice with respect to TDS or any other supplementary payments that may be required be processed along with the rent payments.
2. YOUR USAGE OF SERVICES
Your usage of the Services implies that you have authorized CUSHY PAY to hold, receive and disburse funds according to your payment instructions. The sanction permits us to debit or Credit your Credit Card, Bank Account, or any other payment modes ('Payment Method') that we agree to accept or process transactions begun by you by making an electronic funds transfer request.
Please note that your payment is processed forward to the Landlord according to the details submitted by you. During your usage of the Services, you will be asked to offer the following data about your Landlord
1. Name of the Landlord
2. Landlord Account information (Bank Account details or UPI Address)
3. Rental Amount
4. Rental Address
5. Landlord PAN Card Details (if required)
Cushy Pay may ask for extra information, if required at times, included but not limited to rental agreements to validate the underlying transactions. If you fail to provide such data, you will be incapable of using the Services provided by Cushy Pay. You are responsible for making sure the payment details offered by you are accurate. Please note, once payment has been initiated, it cannot be reversed, and CUSHY PAY and/or Cushy Pay will not be accountable in any way for any loss you undergo because of a transaction being carried out according to the instructions received by You. In the unforeseen event that you notice an error in the payment, then we request you to please notify us at the earliest.
The payment order to your Landlord is only complete and will be processed once we receive your funds for completing the payment to the recipient. It is your obligation to send us funds promptly, within the time limit for your onwards payment to the recipient. CUSHY PAY will not be held responsible for any delay in Services due to a delay in the payment initiated by You.
When you direct us to pay, you provide the authorization and order us to transfer your payment (after reducing any applicable fees or other amounts we may communicate & collect from You for providing such Services) to such person. While CUSHY PAY undertakes its best efforts to complete the transaction as directed by you at the earliest, we might delay, suspend, or reject a transaction for any payment(s) for any reason, which includes without limitation if we suspect the transaction poses a financial or security risk, is unauthorized, is fraudulent, unlawful, suspicious or in any way in violation of the applicable laws about such transactions or in violation of the terms of this Agreement, which is subject to dispute or otherwise any unusual occurrences.
You accept NOT to use the Services for any unlawful activity and agree that CUSHY PAY reserves the right to inspect any suspicious activity in response to any complaints or reported violations. When investigating any such activity, CUSHY PAY reserves the right to report alleged unlawful activity to suitable persons or bodies and provide them with any relevant data including, but not limited to, personally identifiable information of the concerned User.
The transaction amount could not be charged back ('Chargeback') at any point of transaction as sender and received agrees to the declaration.
3. GENERAL TERMS
You agree not to hold CUSHY PAY responsible and/or liable for any issue or claim rising out for any dispute whatsoever between you and the payment gateway or your bank or landlord.
You also agree that if CUSHY PAY is unable to perform its responsibilities under this Agreement because of uncontrollable factors, including a change of law, an event of Force Majeure, in that case, CUSHY PAY will be required to notify you as soon as is judiciously practicable and will try our best to return your money paid by you in respect of which we have been unable to discharge our obligations. You agree that in such cases, CUSHY PAY will not have any liability to you where we are powerless to perform our obligations due to unforeseen or uncontrollable reasons.
If the rental amount to be paid by You is greater than INR 50,000/- (Rupees Fifty Thousand Only), providing the Landlord PAN is compulsory as per the Income Tax Act. Without any such information, the payment will not be processed. Further, CUSHY PAY may ask for additional files, credentials, or records in case a transaction looks suspicious. Any failure to provide such documentation within 72 hours might result in your transaction failing and result in blocking your access to such Services.
SPECIAL TERMS AND CONDITIONS FOR THE PAYMENT OF BUSINESS EXPENSE
These Terms & Conditions are especially for using the Business Expense product introduced by Omniware Payments Private Limited ('CUSHY PAY') and apply to users who use the business expense product only.
In using the Business Expense Payment Services (which will be referred to as Services), you agree to the following Terms and Conditions and provide your explicit consent after reading the terms in their entirety. These Terms and Conditions will be applicable to you apart from the earlier terms that you have agreed for the usage of other services provided by CUSHY PAY. Suppose any discrepancy or dispute between these terms and terms already agreed upon for the use of other services provided by CUSHY PAY arises. In that case, these terms will prevail insofar as the User uses the Services as defined hereinabove.
Do read these Terms carefully and ensure you understand it completely before using the Services. Please note that if you refuse this Agreement, you will be unable to use the Services.
1. SCOPE OF THE SERVICES
Cushy Pay Technology Private Limited ('CUSHY PAY') is the provider of the Business Expense payment service. Any eligible CUSHY PAY user may choose to make payments, including payments to an employee or towards a legitimate business case, etc., through our payment gateway(s). The criteria for eligibility for the same shall be decided by CUSHY PAY from time to time, and any decision taken by CUSHY PAY in that regard shall be binding and final on all. Except for our limited role that helps enable the payment after receiving specific instructions from the User, we are not involved in any of the underlying transactions between you ('User'), any other service provider, or any other user. We are neither an agent of the payee or payer nor of any other Registered User. CUSHY PAY is not a bank and does not offer any other related services. Further, it is clarified that CUSHY PAY is not providing any other tax advice to its Users at any point in time, and the Users are obligated to acquire independent tax advice concerning TDS or any other additional payments which may be required to be processed together with similar Business Expense payments.
2. YOUR USAGE OF SERVICES
Your usage of the Services means that you have authorized CUSHY PAY to hold, receive and disburse funds under your payment instructions. The sanction permits us to debit or Credit your Creditcard, Bank Account, or any other payment modes ('Payment Method') that we accept or to process transactions initiated by you by generating an electronic funds transfer request. Please ensure that the Credit Card issued to you is permitted to be used for business usage. CUSHY PAY will not be held responsible for any cancellation/ blocking of the card or any other actions taken by your issuing bank owing to incorrect business use of a personal Credit card. Ensure that you have understood the terms and conditions of your Credit card as issued once in a while before using a personal Credit card for business expenses.
Please note that your payment is processed forward to the payee as per the details submitted by you. During your usage of the Services, you may be asked to provide one or more of the following data about the payee:
1. Name of the Payee;
2. Payee Account information (Bank Account details or UPI Address);
3. Amount; and
4. Payee PAN Card Details (if required).
Cushy Pay may ask for additional data if required from time to time, including but not limited to rental agreements to validate the underlying transactions, and if you fail to provide such data, then you may be unable to use the Services provided by Cushy Pay. You are responsible for making sure the payment details provided by you are precise. Once payment has been initiated, it would not be possible to reverse it and CUSHY PAY and/or Cushy Pay will not be held liable in any way for any loss you may suffer due to a transaction being carried out according to the instructions received by You. In the unforeseen event that you notice an error in the sent payment, then we request you to please notify us as early as possible.
The payment order to your Payee is only complete and will be processed once we are in possession of your funds to make the payment to the recipient. Hence, it is your responsibility to send us funds promptly, within the time limit for your onwards payment to the Payee. CUSHY PAY will not be responsible for any delay in Services caused due to a delay in the payment order instigated by You. When you direct us to pay, you sanction us and order us to commit your payment (after reducing any applicable fees or other amounts we might communicate and collect from You for providing such services) to any such person. While CUSHY PAY undertakes its best efforts to process the payment as instructed by you at the earliest, we may suspend, delay, or reject a transaction for any payment(s) for any reason, that includes but is not limited to a suspicion that the transaction poses a financial or security risk, is unauthorized, is fraudulent, unlawful, suspicious, or in any way violates the applicable laws around such transactions or violates the terms of this Agreement, subject to dispute or otherwise unusual situations. For more details on this, do check our Transaction and User verification policy.
You agree NOT to utilize the Services for any unlawful activity and accept that CUSHY PAY reserves the right to examine any suspicious activity that may respond to any complaints or reported violations. When investigating any such activity, CUSHY PAY reserves the right to report suspicious, doubtful, or unlawful activity to any appropriate persons or body and offer them any relevant data that includes but is not limited to personally identifiable data of the concerned User.
The transaction amount could not be charged back ('Chargeback') at any point of transaction as sender and received agrees to the declaration.
3. GENERAL TERMS
You agree not to hold CUSHY PAY responsible and/or liable for any claim or issue arising out of any dispute whatsoever between the payment gateway or your bank or Payee and you.
You also agree that if CUSHY PAY is unable to perform its obligations under this Agreement due to factors beyond its control, including a change of law, an event of Force Majeure, in that case, Cushy Pay will be required to notify you as soon as is reasonable, feasible and will endeavor to return your money paid by you in respect of which we have been unable to discharge our obligations. You agree that in such cases, CUSHY PAY will not have any liability to you in the cases where we are unable to perform our obligations due to reasons beyond control.
CUSHY PAY may ask for additional documents and information if a transaction looks suspicious or mistrustful. Failure to provide such data or documentation within 72 hours might fail your transaction and block your access to such Services.
LIST OF PROHIBITED TRANSACTIONS/SERVICES
1. Adult goods and services that includes pornography and other sexually suggestive things (including imagery, literature, and other media); prostitution or escort services; Website access and/or website memberships of illegal or pornography sites;
2. Alcohol which includes alcoholic beverages or alcohol such as beer, liquor, champagne, or wine;
3. Body parts including organs or other body parts;
4. Bulk marketing tools including software, e-mail lists, or other products enabling spam or any unsolicited e-mail messages;
5. Cable descramblers and black boxes including devices calculated to obtain cable and satellite signals for free;
6. Child pornography, including pornographic materials that involve minors;
7. Devices that unlock Copyright including Mod chips or other devices designed to evade copyright protection;
8. Copyrighted media including unauthorized copies of books, movies, music, and other protected or licensed materials; Copyrighted software that includes unauthorized copies of software, video games, and other licensed or protected materials, including OEM or bundled software;
9. Unauthorized or Counterfeit goods including replicas or imitations of designer goods; items without a celebrity endorsement which would normally require such an association; counterfeit autographs, fake stamps, and other potentially unsanctioned goods;
10. Drugs and drug paraphernalia that includes illegal drugs and drug accessories, herbal drugs like salvia and magic mushrooms;
11. Drug test circumvention assistances that includes urine test additives, drug cleansing shakes, and related items;
12. Endangered or threatened species which includes plants, animals, or other organisms (that includes product derivatives) in the danger of extinction;
13. Gaming/gambling that includes sports bets, lottery tickets, enrolment/ memberships in online gambling sites, and other related content;
14. Government IDs or documents that includes fake ids, passports, noble titles, and diplomas;
15. Hacking and cracking materials or documents, which includes manuals, information, how-to guides, or equipment that enables illegal access to software, website, servers, or other protected properties;
16. Illegal goods that include materials, information, products, or data that promotes illegal goods or enables illegal acts;
17. Miracle cures that include unproven cures, remedies, or other items that are marketed as quick health fixes;
18. Offensive goods which include products, literature, or other similar materials:
19. Defaming or slandering any person or groups of people based on ethnicity, race, national origin, sex, religion, or other factors;
20. Encouraging or inciting violent acts;
21. Promoting intolerance or hatred.
22. Offensive goods, or crime including, but not limited to, crime scene photos or items, such as personal belongings, or associated with criminals;
23. Pyrotechnic devices, corrosives, and hazardous materials, or combustibles, which includes explosives and concerned goods; flammable, toxic, and radioactive materials and substances;
24. Regulated goods that include airbags; batteries that contain mercury; Freon or similar refrigerants/ substances; industrial solvents/ chemicals; car titles; government uniforms; police badges and law enforcement equipment; license plates; pesticides; lock-picking devices; postage meters; slot machines; recalled items; surveillance equipment; goods that are regulated by government or any other agency specifications;
25. Securities which include government bonds or similar/ related financial products;
26. Tobacco and cigarettes that includes cigarettes, chewing tobacco, cigars, and similar/ related products;
27. Traffic devices that include license plate covers, traffic signal changers, radar detectors/jammers, and other related products;
28. Weapons which include firearms, brass knuckles, ammunition, knives, gun parts, and other armaments;
29. Wholesale currencies that include currency exchanges or discounted currencies;
30. Live animals or hides/ teeth/ skins, nails and other parts, etc. of animals;
31. Collection fees of Multi-Level Marketing;
32. Matrix sites or sites that use a matrix scheme approach;
33. Drop-shipped products;
34. Any service or product which does not comply with all applicable laws and regulations whether local, international, federal, or state, including the laws of India;
35. The Merchants providing the services that have the potential of showing the Payment Gateway Facilitators in an inferior light and/or that may be prone to Buy and Deny attitude of the cardholders when billed (For example, Adult material/ Escort services/ Mature content/ friend finders)
36. Businesses or websites which operate within the scope of laws that are not absolutely clear or are abstruse in nature (For example, Web-based telephony, websites that promise online match-making, Website supplying medicines or controlled substances);
37. Businesses banned by law (For Example, Betting and Gambling/ publications or content that is likely to be taken by the authorities as leading to moral depravity or decadence or inciting caste/communal tensions, sweepstakes/ lotteries, and games of chance;
38. The Merchants who deal in intangible services/ goods (For Example, Software download/ Beauty Products/ Health), and businesses that are involved in pyramid marketing schemes and/ or get-rich-quick schemes. Any other Service or product, which in the sole opinion of CUSHY PAY, is detrimental to the image and interests of CUSHY PAY, as communicated by both of them/ either of them to the Merchant now and then. This shall be without bias to any other terms and conditions stated in these Terms and Conditions;
39. Bulk marketing tools which include e-mail, software, lists, or other products that enable unsolicited e-mail messages (spam);
40. Web-based telephony/ Text/ SMS/ Facsimile services or Calling Cards, Bandwidth or Data transfer/ allied services, Voice process /knowledge process services; and
41. Mailing lists
42. Money laundering services.
43. Database providers (for tele-callers).
44. Bidding/Auction houses.
45. Firms that promote business opportunities, mortgages, and investment opportunities.
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