Terms and Conditions

Once a User chooses to avail any service plan/offer announced by Thar Pay (Thar Business Solutions Pvt Ltd)and agrees to buy that plan/offer by due payment for that plan/offer to Thar Pay (Thar Business Solutions Pvt Ltd), such payment by User shall not be refunded by Thar Pay (Thar Business Solutions Pvt Ltd) under any circumstances whatsoever. Please note that such act of buying Thar Pay’s plan is an irreversible process under the applicable law.

Post receipt of payment from the User for the above-mentioned plan, Thar Pay (Thar Business Solutions Pvt Ltd) shall create User ID in its system ONLY post successful KYC verification of such User If the User is unable to get successful KYC done, Thar Pay (Thar Business Solutions Pvt Ltd) shall not be able to create User ID of such User. Thus, In order to avail Thar Pay services on its portal, User has to mandatorily get his successful KYC verification done.

Post User Id creation, while availing various services on Thar Pay portal, a transaction which have failed for any reason directly attributable to Thar Pay (Thar Business Solutions Pvt Ltd) and Thar Pay (Thar Business Solutions Pvt Ltd) has received corresponding confirmation from the payment gateway, will be automatically refunded to User"s bank account within 3-21 working days from the date of transaction. Please note that only the actual transaction amount will be refunded excluding payment gateway charges and all applicable taxes. However, for cases where User has received a successful completion confirmation but not received services, User is required to submit a complaint by sending an e-mail to customer care Email ID given on this website or retailer/distributor can create a support ticket from Thar Pay portal/application. Thar Pay (Thar Business Solutions Pvt Ltd) shall enquire the matter after receiving the complaint from the User and based on the enquiry Thar Pay (Thar Business Solutions Pvt Ltd) may refund the payment. In all cases, Thar Pay (Thar Business Solutions Pvt Ltd)’s liability will be restricted to providing the User with a valid refund to the extent of corresponding payment received by Thar Pay (Thar Business Solutions Pvt Ltd) with respect to a particular transaction. Thar Pay (Thar Business Solutions Pvt Ltd)shall not be responsible for any other claim or consequential liability arising out of failed services on our system.

User accepts that this refund policy is subject to all the terms and conditions as stated in the T&C of the User/business associate/retailer/distributor with Thar Pay (Thar Business Solutions Pvt Ltd).

We thank you for transacting with us and look forward to a bright and successful future for our partnership.
(Thar Pay)


These terms and conditions (including privacy policy, grievance policy, disclaimer policy, refund and cancellation policy which is available in Thar Pay’swebsite/app shall apply to and govern the commercial arrangement between Thar Pay (a product of Thar Business Solutions Pvt. Ltd.) and the user (Retailer/Distributor/Master Distributor). All needs to be read, understood & agreed by a user before initiating any kind of transaction with us. These Terms and Conditions and any attachments hereto represent the entire agreement between Thar Pay/Thar Business Solutions Pvt. Ltd. and the user (Retailer/Distributor/Master Distributor).In the case of any violation of these terms and conditions, Thar Pay/Thar Business Solutions Pvt. Ltd. reserves its right to seek all remedies available in law and in equity for such violations.

“THAR PAY” is a digital financial facilitation service provider platform from the house of Thar Business Solutions Pvt. Ltd.a company incorporated under the Companies Act, 2013 and having its registered office at Medical Road Subash Nagar Dhorimana Barmer, Rajasthan - 344704 (hereinafter referred to as the Company/Thar pay which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns).

1. OPERATION OF THE (Retail /Distributor/Master Distributor) OUTLET

1.1 During the Term, the Retailer/Distributor/Master Distributor shall render the services (“Services”) of THAR PAY, by and through such of its officers, employees, agents, representatives, and affiliates as it shall designate, from time to time. Notwithstanding anything contrary contained in these Terms and Conditions, THAR PAY shall have the right at any time, to modify, change and amend the lists of Services, including the manner, procedure, process in which the Retailer/Distributor/Master Distributor will be required to perform the Services and the Retailer/Distributor/Master Distributor shall be bound by all such modifications and amendments made by THAR PAY.

1.2 The Retailer/Distributor/Master Distributor shall only market, distribute,sell, or promote such THAR PAY Services as are permitted expressly by THAR PAY. The Retailer/Distributor/Master Distributor shall not automatically have the right to market, sell, distribute, or promote any product or service that may be provided by other retail outlets, whether in the present or in the future. In the event of any addition to the Services, THAR PAY may, at its sole discretion, intimate the Retailer/Distributor/Master Distributor that the Retailer/Distributor/Master Distributor is entitled to sell, market, distribute and promote such product or service. THAR PAY shall also have the right to direct the Retailer/Distributor/Master Distributor to discontinue providing any of the THAR PAY’s Services at the Retail Outlet without assigning any reason whatsoever.

1.3 THAR PAY shall specify to the Retailer/Distributor/Master Distributor, the necessary infrastructure and equipment including but not limited to computer terminals, peripherals attachments, internet and broadband connectivity, mobile device and/or any such device with GPRS connectivity, HTML enabled, which is compatible enough to run THAR PAY’s Software/Services etc, for effectively providing the THAR PAY’s Services, which the Retailer/Distributor/MasterDistributor shall acquire at its sole expense. In case of the MPOS/MATM Application, the Retailer/Distributor/Master Distributor shall be entitled to install the THAR PAY Software on that particular mobile device and/or any such other device, which is proposed to be registered with THAR PAY for availing THAR PAY’s Services, and no other mobile/device of the Retailer/Distributor/Master Distributor shall have such Software installed unless registered under the terms and conditions of this Agreement. Further, the Retailer/Distributor/Master Distributor shall prominently display the THAR PAY signage, signboards, logos, etc at a prominent place in the Retail Outlet, strictly in accordance with the directions issued by THAR PAY in this regard.

1.4 Upon satisfactory installation and operation of the necessary equipment and peripherals, THAR PAY shall, subject to these Terms and Conditions, install the necessary software and other THAR PAY Intellectual Property to enable the provision of the Services. All Services shall be provided solely through the portal of THAR PAY or are recorded therein.No offline transactions are permitted and/or no such fake/false receipts should be issued by the Retailer/Distributor/Master Distributor for the willful fraud transaction done by the Retailer/Distributor/Master Distributor which is not transacted through THAR PAY’s Software/portal. However, if any Retailer/Distributor/Master Distributor is found and/or discovered doing any such malicious/wrong/willful/fraudulent acts and/or offline transactions, it shall be liable and charged for such civil/penal and criminal acts by and under but not limited to the Indian Penal Code 1860 and Criminal Procedure Code 1973.

1.5 The Retailer/Distributor/Master Distributor shall obtain all necessary license(s), permits and approvals for selling, distributing, marketing and promoting the Services from the Retail Outlet and shall bear all costs and incidental expenses incurred in this regard, including without limitation all fees for application, license fees, charges and taxes.

1.6 The Retailer/Distributor/Master Distributor shall keep the Retailer/Distributor/Master Distributor’s Outlet open for business during normal business hours, or as permitted by law or such other time period as THAR PAY may specify from time to time.

1.7 The Retailer/Distributor/Master Distributor shall ensure that the Retail Outlet is utilized for the purpose of rendering the Services in accordance with these Terms and Conditions. The Retailer/Distributor/Master Distributor shall further ensure that and shall not cause or permit (a) any material that may not be made available to the public under applicable law, including without limitation any vulgar, obscene, pornographic, misleading, defamatory, libelous, offensive, derogatory, threatening, harassing, abusive or violent content, to be made available in the Retail Outlet or (b) any activities that are proscribed under law or reasonably considered to be immoral or against public interest.

1.8 THAR PAY may, at its sole discretion and with or without consideration, provide training manuals, technology support, ongoing advice and assistance to the Retailer/Distributor/Master Distributor and designated employees of the Retailer/Distributor/Master Distributor, including, provision of brochures, pamphlets, charts, signboards, signage and other materials for the purposes of advertisement, promotion and marketing the Services. Any materials supplied by THAR PAY shall be utilized solely in relation to the provision of Services and the Retailer/Distributor/Master Distributor shall ensure that such materials are not utilized for any other purpose.

1.9 The Retailer/Distributor/Master Distributor shall not encroach/poach upon the areas of operation of other neighboringRetailer/Distributor/Master Distributors appointed by THAR PAY or act in any manner which will prejudice the business prospects of neighboringRetailer/Distributor/Master Distributors appointed by THAR PAY.

2. DEFINITIONS AND INTERPRETATION

2.1. In this Terms of Use, unless the contrary intention appears and/or the context otherwise requires, capitalized terms defined by: (i) inclusion in quotations and/ or parenthesis have the meanings so ascribed; and (ii) the following terms shall have the meanings assigned to them herein below:

“App” shall mean Mobile Application.

“Applicable Law” includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognized stock exchange, as may be applicable including but not limited to Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial Services by Banks, Business Correspondent Guidelines issued by RBI from time to time, Payment & Settlement Systems Act, 2007, Payment & Settlement Systems Regulations, 2008, and any other guideline in relation to pre-paid cards issued from time to time by Reserve Bank of India and in each case, any implementing regulation or interpretation issued there under including any successor Applicable Law;

“Applicant” shall mean You or any individual person above the age of [18 (eighteen)] years, using an operational mobile phone connection, who applies either on his owner approaches Retail Partner at the Retail Outlet locations and/or such other locations, for availing the Company Services;

“Company Rules” shall mean policies issued by the Company with respect to its strategic business partners, retail partners, distributors, Consumers including but not limited to the policy on the code of conduct and other sales and management policies as issued on the Website/app, Platform and/ or otherwise and amended from time to time;

“Consumer” shall mean an Applicant who upon submission of the CAF and upon completion of necessary formalities, is found to be eligible by Company as per guidelines issued by RBI (if any), to avail the Company Services and has opened a Membership Account;

“Governmental Authority” means any nation, state, sovereign, or government, any federal, regional, state, local or political subdivision and any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, constitutionally established and having jurisdiction over any of the parties (to the extent relevant to the transactions contemplated hereby) or the assets or operations of any of the foregoing or the transactions contemplated hereby;

“INR” or “RS” means Indian Rupees, the lawful currency of the Republic of India;

“Intellectual Property” shall mean all intellectual property used for the purpose of or in association with or in relation to providing the Company Services utilizing the Platform and includes without limitation, (a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, in association with or for the operation of the software installed by Company ; (b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by Company during the course of its business and all depictions, derivations and representations thereof; (c) all promotional material including without limitation, advertisements, literature, graphics, images, content and the ‘look and feel’ of all of the above; and (d) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques,

“Tax” or “Taxes” shall mean any and all taxes, GST, cess, levies, imposts, duties, charges, deposits, fees, deductions or withholdings that are, or that are to be, imposed, levied, collected, withheld or assessed, together with any and all interest, penalties, claims or other liabilities arising under or relating thereto;

3. ACCEPTANCE AND APPOINTMENT AS RETAILER/DISTRIBUTOR/MASTER DISTRIBUTOR

3.1 These Terms and Conditions shall come into force and continued from the first day of working (login in Tharpay’sportal/application).Terms and conditions (including privacy policy, grievance policy, disclaimer policy, refund and cancellation policy which is available in Thar Pay’s website/app) needs to be read, understood & agreed by a user before initiating any kind of transaction with us.

3.2 The Retailer/Distributor/MasterDistributor acknowledges that he or she has read and understood these Terms and Conditions at the time of making an application to THAR PAY for operation of a retail outlet to provide the Services (as defined herein) under the name and style of “THAR PAY” and that it has had sufficient time to evaluate the financial requirements, equipment required to conduct the business, services applicable/ enable in his area of operation and risks associated with the establishment and operation of the retail outlet.

3.3 : During the Term and subject to these Terms and Conditions, THAR PAY hereby appoints the Retailer/Distributor/Master Distributor and the Retailer/Distributor/Master Distributor hereby accepts the appointment as a THAR PAY’sRetailer/Distributor/Master Distributor, to establish and operate a retail outlet at such address (as specified in the Retailer/Distributor/Master Distributor application form or at address which is mention in their address proof document ) for the purpose of marketing, selling and providing the Services (“Retail Outlet”). No changes to the address as mentioned in the Retailer/Distributor/Master Distributor’s KYC documents shall be permitted, except with the prior written consent from THAR PAY whereas such consent shall be signed by the Authorized Representative of the level of Director or above.

3.4 The appointment of the Retailer/Distributor/Master Distributor under these Terms and Conditions shall remain valid up to the termination (“Term”).THAR PAY may exercise its right of withdrawal with or without notice. Unlessany breach of this agreement by the Retailer/Distributor/Master Distributor.

3.5 The Retailer/Distributor/Master Distributor may describe himself as an "authorized Retailer/Distributor/Master Distributor" of THAR PAY, but must not hold [itself/himself] out as being entitled to bind THAR PAY in any way. The Retailer/Distributor/Master Distributor shall not make, cause or permit, directly or indirectly, any description or projection of itself as a partner or employee or officer or representative of THAR PAY.

3.6 THAR PAY is in the business of facilitating/distributing/marketing/providing of product(s)/service(s) of various service providers to enable them to expand the distribution networks for the services provided by them.

3.7 TheRetailer/Distributor/Master Distributor has understood the business model and aware that THAR PAY is just a facilitator and distributor of products and services and does not own such services or products by itself. THAR PAY takes reasonable efforts to make available the services and products, however, shall not be liable and responsible for any deficiency of such services and products. THAR PAY further also takes reasonable efforts to provide its best uninterrupted services at best quality; however, technological systems are prone to interruption for up gradation, maintenance, break down of either the systems of THAR PAY or that of the Service Providers’. The Retailer/Distributor/Master Distributor shall be managing his business considering such interruptions.

3.8 Transmitted Material: Internet transmissions are never completely private or secure. User understands that any message or information that User sends to this website/app may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card, Debit card information) is encrypted (send in code). Sending a message to this website/app does not cause website/app to have any special responsibility to User.

4. PAYMENTS AND COMMISSIONS

4.1 Non Refundable Registration Fee: If any amount (“Registration Fees”) deposited by the Retailer/Distributor/Master Distributor to get any service then that amount shall be non-refundable.

4.2 Working Capital: The Retailer/Distributor/Master Distributor shall maintain and deposit with THAR PAY working capital (“Working Capital”) in a bank designated and intimated to the Retailer/Distributor/Master Distributor for this purpose (“Designated Bank”) which will be an interest free deposit. The Working Capital limit may be increased from time to time by way of written intimation to the Retailer/Distributor/Master Distributor. The Retailer/Distributor/Master Distributor shall immediately deposit such further amounts to ensure that the Working Capital is maintained at the aforementioned amounts at all times.

4.3 Working Capital Limit: The Retailer/Distributor/Master Distributor shall be entitled to a credit limit equivalent to the Working Capital balance in the books of THAR PAY (“Credit Limit”). The Retailer/Distributor/Master Distributor may enter into transactions up to the value of the existing Credit Limit. In the event the value of the transactions exceed the Credit Limit, all further transactions exceeding the Credit Limit shall automatically be blocked until the Credit Limit is sufficient to permit further transactions. In the event the Retailer/Distributor/Master Distributor desires to enter intotransactions in excess of the Credit Limit, the Retailer/Distributor/Master Distributor shall deposit the amount either with the Distributor or THAR PAY as the case may be to increase its Credit Limit accordingly. The Distributor/ THAR PAY shall, at their sole discretion, permit enhancement of the Credit Limit. If the amount is deposited with the Distributor, the Retailer/Distributor/Master Distributor need to obtain proper receipt and the limit gets enhanced from the Distributor. THAR PAY shall not be responsible for any liabilities in such an event.

4.4 Commission: The Retailer/Distributor/Master Distributor shall be entitled to commission, which shall be adjusted on a daily basis/monthly basis/transaction basis, for the provision of the Services at a rate to be intimated by THAR PAY to the Retailer/Distributor/Master Distributor from time to time through its portal, either by way of credit to the Working Capital or the Retailer/Distributor/Master Distributor may deduct the commission due to it, prior to depositing the proceeds of a transaction in the Current Account. The Retailer/Distributor/Master Distributor shall be regularly updated on the Rates of Commission through the Portal. THAR PAY, at its sole discretion shall decide the sharing of Gross Margin with the Retailer/Distributor/Master Distributors and its decision will be final. It is presumed that the Retailer/Distributor/Master Distributor has agreed to such commission / margin before the transaction. Any dispute in this regards will not be admissible by THAR PAY. If any Retailer/Distributor/Master Distributor gets any extra credit (amount) by mistakely or due to software issue then Thar Pay may recover the same amount by any suitable way.

4.5 Prices and discounts: All prices, charges, fees and discounts for all THAR PAY Services shall be determined, and may from time to time be revised, by THAR PAY at its sole discretion. The Retailer/Distributor/Master Distributor shall not collect cash from the customers by offering discounts on the Services which do not have THAR PAY"s sanction. The Retailer/Distributor/Master Distributor shall also not provide any incentives, subsidies or do any act/ omission or thing, which shall have the effect of providing incentives or subsidies on the Services. The Retailer/Distributor/Master Distributor acknowledges that THAR PAY has the right to change the prices or nullify any sales that have been entered in the portal.

4.6 Taxes: All current and/or future taxes or similar fees including without limitation GST, value added tax, service tax and other local or municipal taxes shall be payable by the Retailer/Distributor/Master Distributor. Such amounts shall not be retained by the Retailer/Distributor/Master Distributor while retaining its commission. Payments made to the Retailer/Distributor/Master Distributor shall be subject to such withholdings as prescribed under applicable law. Subject to the aforesaid, THAR PAY assumes no responsibility for the tax compliance of the Retailer/Distributor/Master Distributor.

4.7 Costs: All costs and expenses for operation of THAR PAY Kiosk including but not limiting to electricity, telephone, staff salary, traveling, promotional activities and other similar out-of-pocket expenses incurred in the performance of the Services shall be borne by the Retailer/Distributor/Master Distributor.

4.8 Activity/Inactivity charges: A minimum monthly charges plus Taxes may be levied by THAR PAY and the same shall be deducted from the Retailer/Distributor/Master Distributor’s Working Capital balance. The Retailer/Distributor/Master Distributor hereby agrees and acknowledges to pay such charges as intimated to the Retailer/Distributor/Master Distributor from to time.

4.9 Set off: THAR PAY may, deduct sums due from the Retailer/Distributor/Master Distributor under these Terms and Conditions from any sums due to the Retailer/Distributor/Master Distributor under the same and the Retailer/Distributor/Master Distributor hereby consents to such set off being made by THAR PAY.

5. EMPLOYEES

5.1 The Retailer/Distributor/Master Distributor shall be solely responsible for all such personnel employed by it, including payment of wages, making of contributions under various labor laws, such as the Employees Provident Fund and Miscellaneous Provisions Act, 1952, the Employees State Insurance Act, 1948, etc.

5.2 The Retailer/Distributor/Master Distributor acknowledges that it shall be responsible for all acts and omissions of its employees, subordinates, agents, aforesaid assignees or other personnel engaged by the Retailer/Distributor/Master Distributor.

6. EXCLUSIVITY AND NON COMPETE

6.1 During the continuation Term of this agreement, the Retailer/Distributor/Master Distributor shall not, directly or indirectly, through any other person, firm, corporation or other entity (whether as an officer, director, employee, partner, consultant, holder of equity or debt investment, lender or in any other manner or capacity):

(a) market, offer and/or perform services similar to that being developed, offered or sold by THAR PAY;

(b) solicit, induce, encourage or attempt to induce or encourage any employee or consultant of THAR PAY to terminate his or her employment or consulting relationship with THAR PAY, or to breach any other obligation to THAR PAY; (c) solicit, interfere with, disrupt, attempt to disrupt the relationship, contractual or otherwise, between THAR PAY and any other person including, without limitation, any consultant, contractor, customer, potential customer, or supplier of THAR PAY; or (d) engage in or participate in any business conducted under any name that shall be the same as or similar to the name of THAR PAY or any trade name used by THAR PAY.

7. INTELLECTUAL PROPERTY

7.1 No license under any patents, copyrights, trademarks or any other intellectual property rights of THAR PAY / its affiliates / its Service Provider(s) / third party(ies) is granted to or conferred upon to the Retailer/Distributor/Master Distributor by virtue of being the Retailer/Distributor/Master Distributor of THAR PAY. The Retailer/Distributor/Master Distributor shall not acquire any interest and right on the trademark(s), trade name(s), logo, etc. of other party including THAR PAY by virtue of this Agreement and shall not use the logos, trademark of THAR PAY/owner of intellectual property on including interalia the Retailer/Distributor/Master Distributor’s Rubber stamps, letterheads, Visiting Cards,websites/app etc. and/or any such material in whatsoever manner.

7.2. The Retailer/Distributor/Master Distributor agrees to protect the logo, trade name and trademark of THAR PAY and not use the same, in any unauthorized manner, whatsoever, including interalia as a tool for acknowledging payments accepted by the Retailer/Distributor/Master Distributor/his representative, thereby creating false impression about the authenticity of such acknowledgment / receipt. The Retailer/Distributor/Master Distributor hereby undertakes to indemnify, defend and hold THAR PAY harmless for all loss(es) / damage(s) arising due to infringement of this clause.

The Retailer/Distributor/Master Distributor is aware of the consequences, if at all, the Retailer/Distributor/Master Distributor and/or his representative are found in unauthorized use of THAR PAY logo/ trade name(s) in any manner, then strict action shall be taken against the Retailer/Distributor/Master Distributor, including permanent deactivation of his Services, but not limited to any other legal action which THAR PAY may deem fit and proper, under the provisions of law.

8. CONFIDENTIALITY AND SECURITY



8.2 The Retailer/Distributor/Master Distributor also agrees that on and from the date of this Agreement all information, which the Retailer/Distributor/Master Distributor may obtain from THAR PAY pursuant to this Agreement, shall be kept confidential by the Retailer/Distributor/MasterDistributor and shall not be disclosed to any third party, save and except with the prior written consent of the THAR PAY.

SECURITY OF CONFIDENTIAL USER INFORMATION:-

8.3 Security of POS User ID and Password: The Retailer/Distributor/Master Distributor shall be solely, exclusively and absolutely responsible and liable for safe-guarding and/or securing the confidentiality of the user id and passwords relating to access of THAR PAY Services and such other relevant information, in whatsoever name called pertaining to the Retailer/Distributor/Master Distributor/User Account of the Retailer/Distributor/Master Distributor.

8.4 Unauthorized Access: The Retailer/Distributor/Master Distributor shall take all necessary precautions to prevent unauthorized and illegal use of THAR PAY services and unauthorized access to the Retailer/Distributor/Master Distributor Accounts provided by THAR PAY. The Retailer/Distributor/Master Distributor hereby agrees that THAR PAY shall not be held liable and/or responsible for any wrong doings/ misappropriation/ misrepresentation/any leakage of passwords and for any liability arising due to insufficient security maintained by the Retailer/Distributor/Master Distributor with respect to the Retailer/Distributor/Master Distributor account. THAR PAY shall take all commercially viable and/or reasonable care to, ensure the security of and to prevent unauthorized access, using commercially viable and reasonable technology available to THAR PAY.

8.5 Fraud/fake transactions: THAR PAY shall not be liable and/or responsible for any fraud/fake transactions occurring from the Retailer/Distributor/Master Distributor id by any third party. THAR PAY takes utmost care for encryption of the Retailer/Distributor/Master Distributor’s personal details. However, THAR PAY cannot control the misuse of the sensitive information like password/s once it is handed over to the Retailer/Distributor/Master Distributor. Retailer/Distributor/Master Distributors shall be responsible to follow standard guidelines for securing their id/password for the THAR PAY Software.

9. WARRANTIES AND CONVENANTS OF THE RETAILER/DISTRIBUTOR/MASTER DISTRIBUTOR

9.1 The Retailer/Distributor/Master Distributor hereby warrants, covenants and undertakes that it shall

(a) Promptly, effectively, efficiently and professionally sell, market, distribute and promote the Services and shall promptly respond to all inquiries by any customer or potential customer in relation to the Services;

(b) at all times co-operate with THAR PAY"s representative(s) and promptly report to THAR PAY any complaints or customer feedback relating to the Services which may come to the Retailer/Distributor/Master Distributor"s attention;

(c) Conduct its operations in compliance with applicable law, these Terms and Conditions and all guidelines and instructions that may be provided by THAR PAY from time to time;

(d) Promote THAR PAY"s business interests;

(e) not do or omit, or cause to be done or omitted, any act, deed or thing, directly or indirectly which may potentially result in any damage to, loss of reputation of or any loss to THAR PAY in any manner whatsoever;

(f) Employ sufficient number of personnel to provide the Services, who shall be adequately trained to provide the Services;

(g) Ensure all personnel employed by it comply with these Terms and Conditions and the Retailer/Distributor/Master Distributor shall be solely responsible for all acts/omissions of such personnel;

(h) Not enter into any agreements with customers or any other third parties which are contrary to law or to these Terms and Conditions;

(i) Adhere to and shall cause its employees, subordinates, agents, aforesaid assignees or other personnel engaged by the Retailer/Distributor/Master Distributor to provide the Services to adhere to the dress code and professional conduct and etiquette as prescribed by THAR PAY from time to time;

(j) Ensure that none of the Services are denied to any person or group of persons or to any customer save and except with the express written consent and / or instructions of THAR PAY;

(k) Not engage in any unfair or unethical trade or practice;

(l) Not permit unauthorized persons entry into the Retail Outlet and shall, under no circumstance, permit any unauthorized person to access the computer/server located at the Retail Outlet or access to information, material, accounts and records in relation to THAR PAYServices;

(m) Not permit any other person whosoever, to conduct any business, trade or profession of any nature at the Retail Outlet; and

(n) Obtain and maintain all required necessary approvals, permits, waivers, consents, registrations and licenses from the relevant authority to perform all its obligations under these Terms and Conditions.

9.2 The Retailer/Distributor/Master Distributor agrees that it shall be solely liable and responsible for any seizure of instruments provided by THAR PAY to it by any governmental authority for its actual or alleged illegal and unlawful act.

9.3 The Retailer/Distributor/Master Distributor agrees that it shall be solely liable and responsible for taking any type of Insurance including but not limited to Cash handling/transit Insurance, in accordance to provide protection to THAR PAY business accordingly from time to time.

9.4 The Retailer/Distributor/Master Distributor agrees and undertakes to ensure that the contact details including phone number and/or any other credentials of the consumer/s which needs to be captured on THAR PAY platform for acknowledging the transaction done at THAR PAY network, should be genuinely of the customer and/or taken from the customer/s and the Retailer/Distributor/Master Distributor shall not put his own or any fake / wrong credentials on behalf of customer/s, in any manner whatsoever.

9.5 The Retailer/Distributor/Master Distributor also agrees that it shall during the Term of this Agreement, allow THAR PAY and/or any other statutory authority/ person of its management, auditors, regulators and/or agents the opportunity of inspecting, examining, auditing and/or taking copies of any records with the Retailer/Distributor/Master Distributor in relation to the performance of the Services by the Retailer/Distributor/Master Distributor.

9.6 The Retailer/Distributor/Master Distributor shall co-operate with such internal or external auditors and/or as defined above to assure a prompt and accurate audit of the Retailer/Distributor/Master Distributor’s records and data and shall also co-operate in good faith and in best efforts basis with THAR PAY to correct any practices, which are found to be deficient as a result of any such audit within a reasonable time.

9.7 The Retailer/Distributor/Master Distributor shall perform its responsibilities under these Terms and Conditions diligently and shall strive to increase the sale of THAR PAY Services to the best of its ability and shall always maintain a good relationship with the specified Distributor and the customers and shall maintain total transparency in relation to the same.

9.8 User is responsible for the security of the password and for all transactions undertaken using his/her password through our service. The User confirms that User is the authorized holder of the original account used in the transactions and User alone uses the "id" and "password" created by the User for the website/app. Thar Pay or any of its representative, agent, consultant, sub-contractor etc. will not be responsible for any financial loss, inconvenience or mental agony resulting from use or misuse of User ID/password/credit card details/Debit card details/bank account details for making transactions on / from this website/app.

9.9 Avoid double booking: If User tried to make an online transaction and due to some technical error, User did not get any payment confirmation, please check the respective account details from transacting bank or speak to customer care, before attempting another transaction. Thar Pay or any of its representative, agent, consultant, sub-contractor etc. will not be responsible for any such transaction losses.

10. REPRESENTATIONS AND WARRANTIES

The Retailer/Distributor/Master Distributor represents and warrants that: (a) it has had a full and adequate opportunity to read and review this Agreement and to be thoroughly advised of the terms and conditions of this Agreement by an attorney or other personal representative, and has had sufficient time to evaluate and investigate the provision of Services under this Agreement and the financial requirements and risks associated with the same; (b) Neither the execution of this Agreement nor the performance of the Retailer/Distributor/Master Distributor"s obligations under this Agreement will result in a violation or breach of any other agreement by which the Retailer/Distributor/Master Distributor is bound; (c) it has and will continue to have the power and authority to be bound by these Terms and Conditions and to perform and fulfill all activities contemplated herein and that no other person or entity is required to consent or provide permission to the activities contemplated under these Terms and Conditions and the Retailer/Distributor/Master Distributor is not subject to any agreement, judgment or order inconsistent with these Terms and Conditions; (d) the entry into and performance of these Terms and Conditions in accordance therewith shall not result in a violation of applicable law, its charter documents or any other agreement by which it is bound; and (e) it is adequately insured for all liabilities specified herein.

10.1 The warranties provided herein by the Retailer/Distributor/Master Distributor are in addition to and do not exclude any of the implied warranties under the applicable law with respect to the activities contemplated under these Terms and Conditions.

11. MISCELLANEOUS

11.1 Governing Law: These Terms and Conditions shall be governed by, and construed in accordance with Indian law as such law shall from time to time be in effect, subject to Rajasthan Jurisdiction courts only.

11.2 Dispute Resolution: The Parties shall try and resolve disputes, if any, arising under these Terms and Conditions amicably failing which the same shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any modifications or re-enactments thereof. The arbitration shall be conducted by a sole arbitrator agreed between both Parties. The venue of arbitration shall be Rajasthan Only. The arbitration proceedings shall be in English. The award shall be final and binding on the Parties. A Retailer/Distributor/Master Distributor is a business associate and the relationship is created under this agreement. In no way the Retailer/Distributor/Master Distributor is a customer of THAR PAY and shall not be entitled to the remedy under consumer dispute Act. In the event of disputes between the Retailer/Distributor/Master Distributor and any other operator of THAR PAY Retail Outlet, such disputes shall be resolved by an officer of THAR PAY, whose decision shall be final and binding.

11.3 Non-Exclusive Appointment: The Retailer/Distributor/Master Distributor hereby acknowledges that all of the rights provided under these Terms and Conditions including area of operation, without limitation, the limited license to use THAR PAY Intellectual Property are non-exclusive in nature and nothing herein shall be read to prejudice any right that THAR PAY to any other person any other right or permission to perform the activities contemplated under these Terms and Conditions.

11.4 Force Majeure: If THAR PAY is prevented from performing any of its obligations under this Agreement due to any cause beyond THAR PAY"s reasonable control, including, but without limitation to, any act of God, fire, flood, explosion, war, strike, embargo, government authority / regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers, major system break down and data loss beyond recoverable (a “Force Majeure Event”) the time for THAR PAY"s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however that if THAR PAY is unable to cure that event within 30 (thirty) days of the Force Majeure Event ceasing, or such further time as may be granted by THAR PAY, THAR PAY may terminate the Retailer/Distributor/Master Distributor"s appointment without any compensation or damages.

11.5 Injunctive Relief: THAR PAY shall be entitled to injunctive relief in the event of breach of the terms of these Terms and Conditions by the Retailer/Distributor/Master Distributor to prevent or curtail any actual or threatened breach by the Retailer/Distributor/Master Distributor of the express provisions of these Terms and Conditions or purpose fundamental (though not expressed) to signing of these Terms and Conditions.

11.6 Relationship: The Services rendered by the Retailer/Distributor/Master Distributor under this Agreement shall be provided to THAR PAY on “Principle to Principle” basis, and nothing in this Agreement creates or shall be deemed tocreate the relationship of partners, a joint venture, employer-employee, or principal-agent between the Parties. The Retailer/Distributor/Master Distributor shall not, without THAR PAY"s prior written approval, either on its invoices, letterheads or any other place or by any other means, orally or in writing, make any statement or representation, calculated or liable to induce others to believe that the Retailer/Distributor/Master Distributor is the agent of THAR PAY or do any act, deed or things to bind THAR PAY in any way in dealing with any third party (ies). The Retailer/Distributor/Master Distributor is providing services to the customers and any dispute with the consumer shall be sole responsibility of the Retailer/Distributor/Master Distributor.

11.7 Notice: Any notice required to be provided hereunder by one Party to the other shall be given in writing and shall be delivered by (i) personal messenger, (ii) proof of delivery requested courier service or (iii) facsimile. All notices shall be delivered to the address of the Parties as provided in the Retailer/Distributor/Master Distributor’s KYC documents.

11.8 Assignment: The Retailer/Distributor/Master Distributor may not assign or delegate any of its rights or obligations hereunder without a prior written consent from THAR PAY. Subject to the foregoing, the rights and obligations under these Terms and Conditions shall ensure to the benefit of, and shall be binding upon, the heirs, legatees, successors, representatives, and permitted assigns of the respective Parties.

11.9 For the purpose of this Agreement, the term “Software” shall include custom built software that is owned by THAR PAY, or software that has been licensed from third party suppliers by THAR PAY and in relation to which THAR PAY has obtained the right to sub license from such third party suppliers.

11.10 The Retailer/Distributor/Master Distributor shall not sublicense, assign or otherwise transfer the said Software to any person and/or any third party and is expressly prohibited from distributing, sublicensing, assigning, transferring or otherwise, the Software, or other technical documentation /information pertaining thereto, or any portions thereof in any form.

11.11 The Retailer/Distributor/Master Distributor shall not make any changes / modifications in entire / any part of Software / Intellectual Property of THAR PAY.

11.12 Severability: If for any reason whatsoever any provision of these Terms and Conditions is or becomes, or is declared to be, invalid, illegal or unenforceable under applicable law, then the Parties will negotiate in good faith to agree on one or more provisions to be substituted therefore, which provisions shall, as nearly as practicable, leave the Parties in the same or nearly similar position to that which prevailed prior to such invalidity, illegality or unenforceability. Such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms and Conditions, and these Terms and Conditions shall be construed as if such invalid, illegal or unenforceable provision had never been contained in these Terms and Conditions, and the remaining provisions of these Terms and Conditions shall be given full force and effect.

11.13 Amendment: No change, modification or addition to these Terms and Conditions shall be valid unless in writing and properly executed by THAR PAY.

11.14 Waiver: A waiver by THAR PAY in respect of a breach of a provision of these Terms and Conditions by the Retailer/Distributor/Master Distributor will not be deemed to be a waiver in respect of any other breach and the failure of THAR PAY to enforce at any time a provision of these Terms and Conditions will in no way be interpreted as a waiver of such provision.

11.15 Third Parties: Nothing in these Terms and Conditions, unless expressly provided for herein, is intended to confer upon any person, other than the Parties hereto and their permitted successors and assigns, any rights or remedies under or by reason of these Terms and Conditions.

11.16 Further Actions: The Parties shall do or cause to be done such further acts, deeds, matters and things and execute such further documents and papers as may be reasonably required to give effect to the terms of these Terms and Conditions.

11.17 Costs: The Retailer/Distributor/Master Distributor shall bear all taxes, fees, levies and other expenses in relation to its appointment pursuant to these Terms and Conditions.

11.18 Rights Cumulative: The rights, powers, privileges and remedies provided in these Terms and Conditions are cumulative and are not exclusive of any rights, powers, privileges or remedies provided by applicable law or otherwise. No failure to exercise nor any delay in exercising any right, power, privilege or remedy under these Terms and Conditions shall in any way impair or affect the exercise thereof or operate as a waiver thereof in whole or in part. Similarly, no single or partial exercise of any right, power, privilege or remedy under these Terms and Conditions shall prevent any further or other exercise thereof or the exercise of any other right, power, privilege or remedy.

11.19 Linked Website/apps Terms & conditions: - When the User accesses any other website/app through this website/app, then such other website/app may have its own terms and conditions of use which is specific to such other website/app.

11.20 Modifications:Thar Pay may add to, change or remove any part of these terms and conditions at any time, without notice. Any changes to these terms and conditions or any terms posted on this website/app will become applicable as soon as they are posted. By continuing to use this website/app after any changes, the User is indicating the acceptance of those changes. Thar Pay may add, change, discontinue, remove or suspend any other Content posted on this website/app, including features and specifications, process flow depicted on the website/app, temporarily or permanently, at any time, without notice and without any liability. Thar Pay reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Thar Pay systems remain, well–protected. Towards this end, Thar Pay may take various steps to verify and confirm the authenticity, enforce-ability and validity of the transactions committed by the User.


(b) Thar Pay is merely responsible for providing this platform for issuing tickets, cancellation, support for refund against cancellation and other available information. Besides these responsibilities Thar Pay shall not be responsible for any issue arising out of User’s travel including but limited to time schedule, services offered, luggage safety etc.

(c) Any cancellation or refund shall be carried out as per the terms and policy of the service provider.

(d) Users/Passengers are required to abide by all the terms and conditions for availing the services including carrying the valid ticket, identity proof, not carrying any combustible or dangerous article, weapon etc.

(e) Any facility, service, amenity shown as a part of the deal or transaction will be provided by the service provider only, Thar Pay shall not be responsible for any such offer or deal. User shall be free to inquire about the offer and take the decision.

(f) Bill payment/Insurance premium payment/Recharges, etc for availing or using the said service of payment of any bill, premium etc. User undertakes to provide complete, correct and all the requisite information for making the payment. Failure to provide complete or correct information will entitle Thar Pay to reject the transaction, suspend or terminate User’s account for any future operation. Thar Pay shall not be responsible for any liability arising due to any of the below stated reason which is not an exhaustive list:
1. Insufficiency of funds in User’s account.
2. Information provided by the User is incomplete, incorrect.
3. Any discrepancy or rejection by the service provider (to whom the payment is to be made for services).
4. Any reason not attributable or beyond the control of Thar Pay.
5. Rejection by the bank or financial institution for any reason as per their procedure/process. Thar Pay shall intimate to the User about the failed payment.

11.22 Domestic Money Remittance:-

a) Thar Pay shall not be responsible in any manner whatsoever for any delay in domestic money remittance services due to reasons attributable to the Bank/ NPCI/ RBI or any statutory/governmental authority.
b) User hereby agrees to be bound by all the terms and conditions as applicable on Thar Pay, in its Agreement with the Bank for domestic money remittance services.
c) Thar Pay trusts that the KYC provided by the User to Thar Pay are duly self attested, true and authentic.
d) User shall ensure that the amount, with which User uploads his wallet with Thar Pay, is not obtained from proceeds of any crime.

11.23 Use of the Services: User may only use this service to make legitimate transaction / payments. Without limitation, any speculative, false or fraudulent transaction is prohibited. The services provided by the website/app are opted by the User for his/her convenience. The user (Retailer/Distributor/Master Distributor) is self responsible for any false or fraudulent transaction.

11.24 Limitation of Liability Not withstanding anything to the contrary contained herein, neither Thar Pay (Thar Business Solutions Private Limited), nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to users or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the site or the offerings, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to the value of the transaction or Rs 500/- (rupees five hundred only) whichever is lesser.

12. CHANGE IN RETAILER/DISTRIBUTOR/MASTER DISTRIBUTOR

12.1 If the Retailer/Distributor/Master Distributor is an individual, in the event of his/her death, incapacity or inability to operate the Retail Outlet, his/her successor or assignee shall continue to operate the Retail Outlet only after obtaining a prior written consent from THAR PAY.

12.2 If the Retailer/Distributor/Master Distributor is a partnership or a company, in the event of a change in control of the partnership or company, due to a change in the partnership or change in management or majority shareholding of the company, as the case may be, the successors in interest or permitted assigns of the partnership or the company, as the case, may continue to operate the Retail Outlet only after obtaining a prior written consent from THAR PAY.

13. TERMINATION

13.1 These Terms and Conditions shall cease to have effect upon expiry of the Term.

13.2 Either Party hereto shall have the right to terminate the Agreement without cause by written notice of 30 days to the other Party.

13.3 THAR PAY shall be entitled to terminate the appointment of the Retailer/Distributor/Master Distributor without or with a written notice of Thirty [30] days to the Retailer/Distributor/Master Distributor in the following circumstances: (a) the Retailer/Distributor/Master Distributor commits any breach of any of the provisions of these Terms and Conditions and, in the case of a breach capable of remedy, fails to remedy the same within 15 (fifteen) days after receipt of a written notice giving particulars of the breach and requiring it to be remedied; (b) the Retailer/Distributor/Master Distributor at any time breaches any obligation in relation to THAR PAY Intellectual Property; (c) repeated failure to deposit the proceeds of transactions on a daily basis; (d) THAR PAY, subsequent to ascertaining the commercial viability of continuing the appointment of the Retailer/Distributor/Master Distributor, determines that the Retailer/Distributor/Master Distributor is not a fit person to carry out the obligations imposed on it;

(e) the Retailer/Distributor/Master Distributor assigns its rights and obligations under these Terms and Conditions in an unauthorized manner; or (f) immediately upon the occurrence of: (i) the Retailer/Distributor/Master Distributor becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or

13.4 THAR PAY shall be entitled to terminate the Appointment without notice: (a) if, by the acts or default of the Retailer/Distributor/Master Distributor, THAR PAY suffers damage to its name and reputation; (b) in the circumstance described in Clause 13.4 (Force Majeure); (c) a change in control or management of the Retailer/Distributor/Master Distributor;(d) any event that would affect the ability of the Retailer/Distributor/Master Distributor to perform its obligations; (g) any of the directors/partners/proprietor of the Retailer/Distributor/Master Distributor are convicted of any criminal charge; or (e) the Retailer/Distributor/Master Distributor is certified and declared to be of unsound mind.

13.5 THAR PAY shall be entitled to terminate the appointment of the Retailer/Distributor/Master Distributor by giving written notice of seven [7] days to the Retailer/Distributor/Master Distributor, with or without assigning any reasons.

13.6 The right to terminate the appointment of the Retailer/Distributor/Master Distributor under this Clause shall be without prejudice to any other right or remedy of THAR PAY in respect of the breach concerned, if any, or any other breach.

Upon termination of appointment of the Retailer/Distributor/Master Distributor (a) within Fifteen (15) days from the date of termination, should clear all amounts due to THAR PAY under these Terms and Conditions; (b) immediately return to THAR PAY all Confidential Information provided to the Retailer/Distributor/Master Distributor under this Agreement; (c) immediately return to THAR PAY all material provided to the Retailer/Distributor/Master Distributor under this Agreement; (d) immediately discontinue and cease to use the THAR PAY Intellectual Property and shall immediately hand over any and all copies or documentation of such Intellectual Property, the terminal and software supplied by THAR PAY, if any; (e) immediately and permanently remove the software or cause it to be removed from all human and machine readable media (or other memory devices); (f) return all originals and/or copies of the Confidential Information, including the publicity and marketing materials in its possession; (g) provide remote access to THAR PAY to disable any software thatTHAR PAY had installed; (h) remove all signboards, banners, glow signboards of THAR PAY from its office and also all such material, which will indicate any association with THAR PAY;

(i) cease to promote, market or advertise THAR PAY or its products/services; and (j) the Retailer/Distributor/Master Distributor shall grant THAR PAY, its employees or agents, access to its information technology systems for a period of Ninety (90) working days after termination.

13.7 Upon THAR PAY serving a notice of termination, or upon expiry of the Term, the Retailer/Distributor/Master Distributor shall ensure that during the period of 1 (one) month leading to the termination, all systems and procedures will be strictly adhered to and all customers are handled properly. All enquiries from customers will be diverted to THAR PAY.

13.8 Notwithstanding the above, the Retailer/Distributor/Master Distributor shall not, if so directed by THAR PAY, discontinue the Services during the notice period and shall continue to provide the Services as per these Terms and Conditions until indicated otherwise by THAR PAY.

13.9 In the event of termination of these Terms and Conditions, the Parties shall settle all claims existing between them, after reconciliation of the accounts. Thereafter, the Retailer/Distributor/Master Distributor shall have no right or claim or entitlement of any kind of compensation or any other payment and THAR PAY shall not, under any circumstances, be liable or responsible, individually or collectively or fully or partly, for any kind of loss or expenses incurred by the Retailer/Distributor/Master Distributor including any loss of profits, opportunity cost.

14. INDEMNITY

The Retailer/Distributor/Master Distributor hereby undertakes to indemnify, defend and hold harmless THAR PAY, its affiliates, officers, directors, employees, agents, successors and assignees (collectively the “Indemnified Parties”) from and against all claims, damages (special or consequential), losses and expenses, including court costs and reasonable fees and expenses of attorneys, expert witnesses and other professionals, arising out of or resulting from: (a) any action by a third party against the Indemnified Parties that is based on any negligent act, material omission or willful misconduct of the Retailer/Distributor/Master Distributor or its employees, personnel, officers or agents and which results in: (i) any bodily injury, sickness, disease or death; (ii) any injury or destruction to tangible or intangible property (including computer programs and data) or any loss of use resulting thereof; or, (iii) any violation of any statute, ordinance, or regulation; (b) any loss, damage or prejudice suffered by any of the Indemnified Parties due to the breach by the Retailer/Distributor/Master Distributor of any applicable laws, by-laws, regulations and guidelines; (c) any loss, damage or prejudice suffered by any of the Indemnified Parties due to the Retailer/Distributor/Master Distributor representing/providing wrong information to third parties in an unauthorized manner on behalf of THAR PAY; (d) any loss, damage or prejudice suffered by reason of any claim or proceeding by any third party against any of the Indemnified Parties due to the infringement of THAR PAY Intellectual Property by the Retailer/Distributor/Master Distributor during the provision of the Services; (e) any loss, damage or prejudice suffered by any of the Indemnified Parties due to any claim made by the Retailer/Distributor/Master Distributor"s employees against THAR PAY for non-compliance with any labour laws; and (f) any misrepresentation of any representation or warranty of the Retailer/Distributor/Master Distributor under these Terms and Conditions.

15. Declaration

15.1 I/We certify that the above information is correct and true to the best of my knowledge and belief. I/We further confirm that I/We have read and understood all the terms and conditions governing my engagement as Retailer/Distributor/Master Distributor. I/We shall abide by these terms and conditions and do understand that these may be amended by the Company from time to time and the same would be acceptable to me all the time as long as I work as an Retailer/Distributor/Master Distributor. I/We confirm that I/We have read and understood all the contents of this terms and conditions carefully and I perused these terms and conditions on the website/app of the Company "www.tharpay.co.in” . I/We shall keep myself abreast of all the changes to be made by the Company in the terms and conditions from time to time and the same would be obtained by me directly from the website/app of the Company. I/We have fully understood that the onetime registration fee paid by me is not refundable. No cash has been paid by me to any employee of the Company.

15.2 I/we undertake to always display the rate list of the applicable charges on domestic remittance and all other services and shall not overcharge the customers under any circumstances. I/we shall be responsible for payment of all kinds of the taxes including the GST in respect of any charges realized from the customers/Retailer/Distributor/Master Distributors/end users on the domestic remittance.

15.3 I/We hereby undertake that I have resigned from all other BCs where ever I had worked previously and am not working with any other BC or any money transfer agency.

15.4 I/We further declare that I will exclusively work with THAR PAY, In respect of Money Transfer till the pleasure of the THAR PAYor till my services/association is withdrawn/discontinued by the THAR PAY or up to the time I resign from THAR PAY.

15.5 I have read and fully understood and hereby confirm to undertake, accept and abide by the contents of these Terms and Conditions.

Communication Disclaimer:-

The Retailer/Distributor/Master Distributor hereby understands and agrees that being a THAR PAYRetailer/Distributor/Master Distributor, THAR PAY may communicate include communications including but not limited to voice, SMS, digital, video, and/or any other mode of innovative communication method, as deemed fit and proper by the Company and that these communications are considered as part and parcel of the Services. The Retailer/Distributor/Master Distributor shall not be able to opt out of receiving these messages and/or communication in any way whatsoever and the Retailer/Distributor/Master Distributor hereby agrees to receive any communication from the Company. The Retailer/Distributor/Master Distributor also understands that the communication may include and contain advertisements.

I/we hereby also declare that I have also been apprised that these terms and conditions are available on the website/app of the THAR PAY–“www.tharpay.co.in” which has been duly perused by me on the website/appof the Company. I/We also undertake that and any change in the terms and conditions governing my/our appointment may not be notified by THAR PAY to me/us but shall be binding on me/us if the change in the terms and conditions are made online by THAR PAY. I/We undertake to keep myself/ourselves updated in respect of change in the Terms and Conditions initiated/made by THAR PAY in its Website–www.tharpay.co.in

The material displayed on this website/app could include technical inaccuracies or typographical errors. Thar Pay or any of its representative, consultant, sub-contractor etc may make changes or improvements at any time to rectify or make improvements in the contents of the website/app.

I/We undertake to immediately inform the Company of all my cash deposits and transfer of funds into the designated Bank Accounts of the Company and shall get the limit from the Company thereafter. I/We will ensure myself that the working limit in the portal by the Company against the cash deposit/fund transfer is made available to me immediately and this will remain as my/our basic responsibility. I /we have noted that the Company will not be held responsible for not assigning of any working limit against my cash deposits/fund transfer if I fail to inform the Company immediately after the deposits and do not get my working limit within two hours of cash deposit/fund transfers made by me/us. I/We have understood very well that in case of any negligence on my/our part in this regard, may lead to the working limit to someone else by mistake knowingly or unknowingly, for which the Company will not be held responsible under any circumstances. I/we will ensure at my/our own that the proper communication is received at the Company and any failure in this regard would be my/our own responsibility and Company will not be held responsible for that. I/we shall always remain abide by all the terms and conditions as specified above and as may be changed from time to time by the Company in respect of use of the portal and in respect of the domestic money transfer.

I/we shall inform immediately in case any excess amount is received in my portal by any means including by the distributor. I/we expressly authorize to the Company for withdrawing any excess amount given by mistake by the Company or by the distributor. I/we expressly accept the right of the Company to adjust any amount which I/we may owe to the Company at any point of time and even for the accrual of all kinds of liabilities which may fall upon me/us due to any kind of claim of the Company.

I/we shall remain always vigil in respect of my/our statement of transactions and balances in the statement and shall report any discrepancy therein to the Company immediately and not later than 24 hours from the time of discrepancy. I/we shall not hold Company responsible on account of any lapse on my/our part in this regards.

I/We have read and fully understood and hereby confirm to undertake, accept and abide by the contents of these Terms and Conditions.

When you visit www.tharpay.co.in or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website/app or by any other mode of communication.